Permanency Planning District of Columbia

Best Interests of the Child

Statute: D.C. Code Ann. § 16-2353 (WESTLAW through 5-1-03)

Law:

A judge may enter an order for the termination of the parent and child relationship from the evidence presented, after giving due consideration to the interest of all parties, that the termination is in the best interests of the child. In determining whether it is in the child's best interests that the parent and child relationship be terminated, a judge shall consider each of the following factors:

for California

The child's need for continuity of care and caretakers and for timely integration into a stable and permanent home, taking into account the differences in the development and the concept of time of children of different ages;

The physical, mental, and emotional health of all individuals involved to the degree that such affects the welfare of the child, the decisive consideration being the physical, mental, and emotional needs of the child;

The quality of the interaction and interrelationship of the child with his or her parent, sibling, relative, and/or caretakers, including the foster parent;

The child was left by his or her parent, guardian, or custodian in a hospital located in the District of Columbia for at least 10 calendar days following the birth of the child, despite a medical determination that the child was ready for discharge from the hospital, and the parent, guardian, or custodian of the child has not taken any action or made any effort to maintain a parental, guardianship, custodial relationship, or contact with the child;

To the extent feasible, the child's opinion of his or her own best interests in the matter; and

Evidence that drug-related activity continues to exist in a child's home environment after intervention and services have been provided by law. Evidence of continued drug-related activity shall be given great weight.

Concurrent Planning

Statute: D.C. Code Ann. § 4-1301.09a(f) (WESTLAW through 5-21-02)

Law:

Reasonable efforts to place a child for adoption, with a kinship caregiver, with a legal custodian or guardian, or in another permanent placement may be made concurrently with the reasonable efforts required by § 4-1301.09a(b).

Statute: D.C. Code Ann. § 16-2354(f) (WESTLAW through 5-21-02)

Law:

The agency shall take steps to identify, recruit, process, and approve a qualified family for an adoption concurrently with the District government's filing of the motion (for termination of parental rights) or its joinder to the petition.