4.17 Expedited Termination per Policy Guide 98.14.
At the shelter care hearing, the CPSW must notify the Assistant State's Attorney that grounds for expedited termination of parental rights exist when there is evidence to support unfitness as summarized below:
- Extreme and repeated cruelty to the child
- Finding of physical abuse and criminal conviction of aggravated battery
- Criminal convictions that create a presumption of unfitness that include:
- First degree murder of a parent of a child or of any child
- Second degree murder of a parent of the child or of any child
- Attempt to commit first degree murder of any child
- Attempt to commit second degree murder of any child
- Conspiracy to commit first degree murder of any child
- Conspiracy to commit second degree murder of any child
- Solicitation to commit murder of any child
- Solicitation to commit second degree murder of any child
- Solicitation to commit murder of any child for hire
- Abandonment of a newborn in a hospital, or in any setting where the evidence suggests that the parent intended to relinquish parental rights
- Parent incarceration for at least two years following the filing of the petition to terminate, with little or no contact or support provided for the child prior to incarceration
When there is evidence of the unfitness grounds summarized below, the filing of an expedited petition to terminate parental rights must be considered:
- Abandonment of the child
- Desertion
- Inability to discharge parental responsibilities due to mental illness, mental impairment or developmental disability
- Birth of second or subsequent substance exposed infant and the mother had the opportunity for substance abuse treatment
Additionally, certain parental behaviors or case circumstances should prompt the CPSW to consider the possibility that expedited termination of parental rights at the shelter care hearing should occur, and seek the guidance and approval of their supervisor. Some examples of those behaviors or circumstances might be:
- One parent indicates a willingness to execute a surrender or consent and the identity or whereabouts of the other parent are unknown
- Both parents have indicated a willingness to execute surrenders or consents to be followed by an order terminating parental rights
- One or both parents have previously executed surrenders or consents regarding other children who were subjects of neglect, abuse or dependency petitions
- One or both parents have previously been the subject of petitions to terminate parental rights
Reasonable Efforts have been made to prevent placement.
SCR must be notified WITHIN 2 hours of taking protective custody of a child who is the subject of a CANT report.