10.10.640 Pre-filing requirements.
A petitioner seeking involuntary termination of the parent-child relationship must establish the following:
(A) The child has been declared to be under the jurisdiction of the Tribal Court under the Children and Family Code (this title) or a dependent of a state juvenile court for at least a consecutive one (1) year period of time, and has been removed from his or her parent at the time of this modification hearing for a cumulative period of fifteen (15) of the previous twenty-two (22) months, unless a compelling reason not to file a termination petition exists; (1) a cumulative method of calculation will be used when a child experiences multiple exits from and entrances into foster care during the twenty-two (22) month period; and (2) the calculation of the fifteen (15) month period in foster care will not include trial home visits or runaway episodes;
(B) The Court has entered an order which states what the parent was required to accomplish to correct his or her underlying problem(s) to regain custody;
(C) The social service agency involved has engaged in active efforts to offer or provide all court-ordered services that are reasonably available in the community and which are capable of helping the parent resolve his or her underlying problem(s);
(D) There is little likelihood the conditions will be remedied so that the child can be returned to the parent(s) in the near future;
(E) Continuation of the current parent-child relationship clearly diminishes the child’s prospects for successful placement into a permanent and stable home; and
(F) Not returning the child to his or her parent is the least detrimental alternative that can be taken.
(G) KCWS may elect not to file a petition for termination of parental rights although grounds to file exist if:
(1) At the option of KCWS, the child is being cared for by a relative; or
(2) KCWS has documented in the case plan, which has been reviewed by the Court, a compelling reason for determining that filing a petition to terminate parental rights would not be in the best interests of the child;
(3) KCWS has not provided to the family, consistent with the time period in the case plan, services that KCWS deems necessary for the safe return of the child to the home, when reasonable efforts to reunify the family are required. [Res. 22-R-037, 2/24/2022; Res. 09-R-062 Title 1 § (21)(D), 4/30/2009. Formerly 10.10.600.]