AB 775

This bill changes the grounds for an involuntary termination of parental rights

(TPR) based on a child's continuing need of protection or services (continuing CHIPS)

where a child has been placed outside the home for a cumulative total period of six

months or longer.

Under current law an involuntary TPR based on continuing CHIPS may be

based on a court's or jury's finding that the child has been placed outside the home

for a cumulative total period of six months or longer under the CHIPS order, the

parent has failed to meet the conditions established for the safe return of the child

to the home, and there is a substantial likelihood that the parent will not meet the

conditions established for the safe return of the child to the home within the next

nine months after the TPR fact-finding hearing. Also, under current law, a TPR

proceeding must be filed for a child who has been placed outside the home under a

CHIPS order for 15 of the past 22 months.

This bill removes the requirement of showing that there is a substantial

likelihood that the parent will continue to fail for the next nine months to meet the

conditions established for the safe return of the child to the home in a continuing

CHIPS TPR proceeding. The bill replaces this requirement with a requirement for

the petitioner to show that, if the child has been placed outside the home under a

CHIPS order for less than 15 of the past 22 months, there is a substantial likelihood

that the parent will not meet the conditions established for the safe return of the

child to the home at the time the child will have been placed outside of the home for

15 of the last 22 months.