Subtitle 3: INCOME SUPPLEMENTATION HEADING: PL 1973, C. 790, §1 (AMD)
Part 3: CHILDREN
Chapter 1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT
Subchapter 6: TERMINATION OF PARENTAL RIGHTS
§4055. Grounds for termination
The court may order termination of parental rights if:
A. One of the following conditions has been met:
(1) Custody has been removed from the parent under:
(a) Section 4035 or 4038;
(b) Title 19-A, section 1502 or 1653;
(c) Section 3792 prior to the effective date of this chapter; or
(d) Title 15, section 3314, subsection 1, paragraph C-1; or
(2) The petition has been filed as part of an adoption proceeding in Title 18-A,
article IX; and [2001, c. 696, §35 (AMD).]
(1) The parent consents to the termination. Consent shall be written and voluntarily
and knowingly executed in court before a judge. The judge shall explain the effects
of a termination order; or
(2) The court finds, based on clear and convincing evidence, that:
(a) Termination is in the best interest of the child; and
(i) The parent is unwilling or unable to protect the child from jeopardy and these
circumstances are unlikely to change within a time which is reasonably calculated
to meet the child's needs;
(ii) The parent has been unwilling or unable to take responsibility for the child
within a time which is reasonably calculated to meet the child's needs;
(iii) The child has been abandoned; or
(iv) The parent has failed to make a good faith effort to rehabilitate and reunify
with the child pursuant to section 4041. [1983, c. 772, §8 (AMD).]
2001, c. 696, §35 (AMD)
The court may presume that the parent is unwilling or unable to protect the child
from jeopardy and these circumstances are unlikely to change within a time which is
reasonably calculated to meet the child's needs if:
A. The parent has acted toward a child in a manner that is heinous or abhorrent to
society or has failed to protect a child in a manner that is heinous or abhorrent
to society, without regard to the intent of the parent; [1995, c. 481, §3 (AMD).]
B. The victim of any of the following crimes was a child for whom the parent was responsible
or the victim was a child who was a member of a household lived in or frequented by
the parent and the parent has been convicted of:
(2) Felony murder;
(4) Aiding or soliciting suicide;
(5) Aggravated assault;
(7) Gross sexual misconduct or gross sexual assault;
(8) Sexual abuse of minors;
(11) Promotion of prostitution; or
(12) A comparable crime in another jurisdiction; [1995, c. 481, §3 (AMD).]
C. The child has been placed in the legal custody or care of the department, the parent
has a chronic substance abuse problem, and the parent's prognosis indicates that the
child will not be able to return to the custody of the parent within a reasonable
period of time, considering the child's age and the need for a permanent home. The
fact that a parent has been unable to provide safe care of a child for a period of
9 months due to substance abuse constitutes a chronic substance abuse problem; [1997, c. 475, §9 (AMD).]
D. The child has been placed in the legal custody or care of the department, the court
has previously terminated parental rights to another child who is a member of the
same family and the parent continues to lack the ability or willingness to show the
court that the parent has sought services that would rehabilitate the parent or the
parent can not show evidence that an additional period of services would result in
reunification in a time reasonably calculated to meet the needs of the child and the
child's need for a permanent home; or [1995, c. 481, §4 (NEW).]
E. The child has been placed in the legal custody or care of the department for at
least 9 months, and the parents have been offered or received services to correct
the situation but have refused or have made no significant effort to correct the situation. [1997, c. 475, §9 (AMD).]
1997, c. 475, §9 (AMD)
In deciding to terminate parental rights, the court shall consider the best interest
of the child, the needs of the child, including the child's age, the child's attachments
to relevant persons, periods of attachments and separation, the child's ability to
integrate into a substitute placement or back into the parent's home and the child's
physical and emotional needs.
1997, c. 475, §10 (AMD)
3.Wishes of child.
The court shall consider the wishes of a child, in a manner appropriate to the age of the child, in making an order under this section.
2009, c. 557, §4 (AMD)
1979, c. 733, §18 (NEW).
1981, c. 369, §§15,16 (AMD).
1983, c. 249, §2 (AMD).
1983, c. 772, §§8,9 (AMD).
1985, c. 739, §16 (AMD).
1993, c. 198, §2 (AMD).
1995, c. 481, §§3-5 (AMD).
1995, c. 694, §D48 (AMD).
1995, c. 694, §E2 (AFF).
1997, c. 475, §§9,10 (AMD).
1997, c. 715, §A12 (AMD).
2001, c. 696, §35 (AMD).
2009, c. 557, §4 (AMD).
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