Ill. Admin. Code tit. 89, § 309.80 - Termination of Parental Rights
a)
When one of the grounds for termination of parental rights appears to exist and
return home as a permanency goal for the child is no longer appropriate, the
Department shall conduct an internal legal screening.
b) The purpose of an internal legal screening
is to determine:
1) whether there is
sufficient evidence to support a finding that there are grounds for termination
of parental rights;
2) whether it
is in the best interests of the child to seek termination of parental rights
and, if the child is age 14 or over, whether the child will consent to the
adoption; and
3) identification of
the steps which need to be completed to permit the filing of a petition to
terminate parental rights in accordance with local court practices.
c) In addition, the internal legal
screening shall include a review of all potential legal risks in order to
advise the Department of the risks involved and the feasibility of the
plan.
d) The following persons
shall attend the legal screening:
1) the
Department's regional legal counsel;
2) the child's worker;
3) a representative from the regional
adoption unit; and
4) the worker's
supervisor, whenever possible.
e) If a determination is made at legal
screening that adoption is in the best interests of the child and there are
sufficient legal grounds for termination, the following steps shall be taken:
1) Identification of all interested persons,
including all putative fathers who need to be served by the State's Attorney
for purpose of the Juvenile Court proceeding, who have not previously been
served;
2) A petition or motion for
appointment of guardian with powers to consent to adoption (termination of
parental rights) shall be prepared in all counties in which the Department,
rather than the local office of the State's Attorney, prepares the
petition;
3) Petitions or motions
shall be forwarded to the local office of the State's Attorney (outside of Cook
County);
4) In Cook County,
referral shall be made to the State's Attorney;
5) The child's worker shall complete all
tasks assigned throughout the process;
6) The child's worker must list a child
without an adoptive resource with the Adoption Listing Service of Illinois in
accordance with Section
309.40(a);
and
7) All necessary paperwork for
termination of parental rights must be submitted to the State's Attorney within
30 days after the internal legal screening.
f) The actual filing and prosecution of a
termination of parental rights case rests with the local State's
Attorney.
g) If a request is made
for an internal legal screening to determine whether a request shall be made
for expedited termination of parental rights in accordance with Section
309.50(g),
the internal legal screening must consist of consultation among at least the
caseworker, caseworker's supervisor, regional adoption coordinator, and
regional legal counsel. This consultation may take place by
telephone.
Notes
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