Grounds for finding a child in need of protection or services or for terminating parental rights, right to a jury trial in a termination of parental rights proceeding, and permanency plan reviews. (FE)

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, which must be established by proving 1) that the child has been adjudged to be in need of protection or services and placed, or continued in a placement, outside the child's home pursuant to one or more court orders containing notice of the grounds for TPR and the conditions necessary for the child to be returned to the home; 2) that the parent is incarcerated at the time of the fact-finding hearing; and 3) that the parent is likely to continue to be incarcerated for a substantial period of the child's minority. In determining whether the parent is likely to be incarcerated for a substantial period of the child's minority, the court may consider a parent's history of repeated incarceration.

Right to a jury trial Under current law, in a TPR proceeding, the juvenile court must hold a fact-finding hearing to determine if there are grounds for TPR. Under current law, any party to a TPR proceeding whose rights may be affected by the TPR order may demand a jury trial for this fact-finding hearing. The bill eliminates the right to a jury trial for the fact-finding hearing.

Permanency plan reviews Under current law, within six months after a child is removed from his or her home in a proceeding under the Children's Code or the Juvenile Justice Code and every 12 months after, the permanency plan is reviewed by the juvenile court or by a panel that is appointed by the juvenile court or by a child welfare agency. Within six months of the initial review and every 12 months after, the permanency plan is reviewed in a hearing before the juvenile court. Under the bill, the initial six-month review and the reviews done every 12 months after are done in a hearing before the juvenile court.