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Grounds for Termination of Parental Rights District of Columbia

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Statute: § 16-2354(b)

Circumstances That Are Grounds for Termination


Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

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Child Judged in Need of Services/Dependent

Child's Best Interest

Child in care 15 of 22 months (or less)

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Felony Conviction/Incarceration

Failure of Reasonable Efforts

Failure to Maintain Contact

Failure to Provide Support

Failure to Establish Paternity

D.C. Code Ann. § 16-2354(b) (WESTLAW through 10-2-01)

A motion for the termination of the parent and child relationship:

May be filed when the child who is the subject of the motion has been adjudicated neglected at least 6 months prior to the filing of the motion and the child is in the court-ordered custody of a department, agency, institution or person other than the parent.

May be filed immediately when, despite reasonable efforts, the parent could not be located for the fact finding hearing and during the period from the child's removal from the home to the fact finding hearing.

Except as provided in § 16-2354(c), (g), shall be filed by the District government if:

The child has been in court-ordered custody under the responsibility of the District for 15 of the most recent 22 months;

The division has determined the child to be abandoned;

A court of competent jurisdiction has determined that the parent has: a) Committed murder of a child sibling or another child; b) Committed voluntary manslaughter or a child sibling or another child; c) Aided or abetted, attempted, conspired, or solicited to commit such a murder of such a voluntary manslaughter; or d) Committed a felony assault that has resulted in serious bodily injury to the child who is the subject of the petition, a child sibling, or another child;

The division has determined the child to be subject to intentional and severe mental abuse.

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