SB 729

This bill changes the grounds for finding that a child is in need of protection or

services under the Children's Code and for involuntarily terminating parental rights

(TPR), eliminates the right to a jury trial in a TPR proceeding, and changes the

process for permanency plan reviews under the Children's Code and the Juvenile

Justice Code.

Grounds for CHIPS

Under current law, the juvenile court is assigned to exercise jurisdiction under

the Children's Code and has exclusive original jurisdiction over a child who is alleged

to be in need of protection or services (CHIPS) if certain grounds relating to the child

or his or her circumstances are met. The bill creates a new ground for CHIPS when

a child is found to be a drug-affected child. Under the bill, a drug-affected child is

a child who suffered prenatal exposure to a controlled substance or alcohol or a child

whose basic needs and safety have been adversely affected by a parent's or guardian's

chronic and severe use of alcohol or a controlled substance.

Grounds for TPR

Under current law, in a proceeding for involuntary TPR, the juvenile court must

determine whether grounds for TPR exist. Current law grounds for TPR include 1)

continuing need of protection or services if a child is placed outside the home for 15

of the last 22 months under a court order; or 2) a continuing denial of periods of

physical placement or visitation if a court order denying physical placement or

visitation has been in place for one year. Under current law, the timeline for both of

these grounds begins when a court order is entered in a CHIPS or juvenile in need

of protection or services (JIPS) proceeding. Under the bill, the timeline for these

grounds can also begin when the court enters an order for temporary custody, when

a child or juvenile is placed outside the home under a consent decree, or when a

court-approved permanency plan places a child outside the home.

The bill creates a new ground for involuntary TPR when the child is a

drug-affected child, which is established by showing all of the following:

1. That the child has been found to be a drug-affected child in a CHIPS

proceeding.

2. That the parent has not made reasonable efforts to enroll in a substance use

disorder treatment or recovery program within 90 days of the placement of the child

outside the home under a CHIPS order, or, if the parent enrolled in a substance use

disorder treatment or recovery program, that the parent has not maintained

substantial compliance with the program.

3. That the parent is not participating in a drug court program.

4. That there is a substantial likelihood that the parent will not meet the

conditions for the safe return of the child to the home by the date established at the

child's most recent permanency review panel or hearing.

The bill also creates a new ground for TPR based on parental incarceration,