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Termination Of Parental Rights Hearing Order Form. This is a Maryland form and can be use in Circuit Court Statewide.
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Tags: Termination Of Parental Rights Hearing Order, JO-27, Maryland Statewide, Circuit Court
IN THE CIRCUIT COURT FOR [
] COUNTY, MARYLAND
Sitting as a Juvenile Court
In the Matter of [
] Department
Of Social Services’ Petition for Guardianship
With the Right to Consent to Adoption or
Long Term Care Short of Adoption
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Case Number(s):
TERMINATION OF PARENTAL RIGHTS HEARING ORDER
Having heard this matter on the issue of the [city/county] DSS petition for Guardianship
and to terminate the rights of the parents in the above captioned matter and with the following
persons present:
Child _________________
Case Worker _____________
Mother _________________
Father __________________
Guardian _______________
CASA _________________
Child’s Attorney _________________
DSS Attorney __________________
Mother’s Attorney _______________
Father’s Attorney________________
Custodian _____________________
Other ________________________
by the Court for [county], on this_________ day of _______________ 200___, the Court finds:
That [Name of Mother] and [Name of Father] knowingly, willingly and voluntarily
relinquish their respective natural parental rights and responsibilities to the above captioned
Respondent(s) [or First or Full Name of Child]. The Court’s efforts to ensure that the
relinquishment was voluntary and informed are as follows: ; or
That pursuant to the Family Law Article of the Maryland Annotated Code § 5-323, the
Court finds by clear and convincing evidence that it is not in the best interest of the
Respondent(s) to terminate the natural parental rights of [mother’s name] and [father’s name].
These findings are based on the following reasons: ; or
That pursuant to §5-323 of the Family Law Article of the Maryland Annotated Code, the
Court finds by clear and convincing evidence that it is in the best interest of the Respondent(s)
to terminate the parental rights of [mother’s name] and [father’s name], and
That the child was found to be a Child in Need of Assistance on the _____ day of
__________, 200____, in the Circuit Court of [County] [State].
That the Court gave primary consideration to the health and safety of the child.
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After considering all of the factors enumerated under §5-323 (d) of the Family Law Article of
Maryland Annotated Code, the Court finds by clear and convincing evidence
That services [were/were not] offered to the parent prior to placement of the child.
These services included:
Social service agreements between the parents and the [city/county] DSS were fulfilled in
the following manner:
That the mother [has /has not] been able to adjust her circumstances, condition or conduct
to make it in the best interest of the child to return home.
That the mother [has/has not] maintained regular contact with her child since:
___________________ That the mother [has/has not] maintained regular contact with:
o The local department since ________________
o Her child’s caregiver [name of caregiver] since _______________ .
That the mother [has/has not ] contributed to the care and maintenance of her child
since: :_________________________
That the father [has/has not] been able to adjust his circumstances, conduct, or conditions
to make it in the best interest of the child to return home. ***
That the father [has / has not] maintained regular contact with his child
since:_________________________
That the father [has / has not] maintained regular contact with:
o The local department since ________________
o Her child’s caregiver [name of caregiver] since _______________ .
That the father [has / has not] contributed to the care and maintenance of his child
since :_________________________ That the ______mother____ father [has / does not have] a
disability that renders the parent unable to care for the immediate and ongoing physical or
psychological needs of the child for long periods of time.
That additional services [would / would not] likely bring about a lasting parental
adjustment so that the child could return home within an ascertainable time because
That the _____mother _____ father____ [has abused / has neglected the child, or a
minor].
That on admission to a hospital for the child’s delivery, the mother tested positive for a
drug as evidenced by a positive toxicology test; or
That the child tested positive for a drug as evidenced by a positive toxicology test; AND
That the mother refused the level of drug treatment recommended by a qualified
addiction specialist, by a physician or psychologist.
IN ADDITION IF APPLICABLE, it is further found:
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That the ______mother_____ father subjected the child to chronic abuse, chronic and
life threatening neglect, sexual abuse, or torture. [Must describe the torture, abuse, or
neglect, including extent of injuries]; or
That the _____mother_____ father has been convicted of a crime of violence against
____a minor offspring of the parent ______ the child_____ or another parent of the
child______ ; or
That the ______mother_____ father has been convicted of aiding or abetting,
conspiring, or soliciting to commit a crime of violence ; or
The ______mother _____father involuntarily lost parental rights to [name of sibling]
who is the brother/sister of [the above-captioned child’s name];
That because the _______mother______ father committed the above act, crime of
violence, or involuntarily lost parental rights to[name of sibling], return of the child poses an
unacceptable risk to the child’s future safety; or
That although the ________ mother ______father committed the above act, crime of
violence, or involuntarily lost parental rights to [Name of sibling], return of the child does
not pose an unacceptable risk to the child’s future safety
It is further found,
That the child’s emotional ties with and feelings toward his/her mother are as follows:
That the child’s emotional ties with and feelings toward his/her father are as follows:
That the child’s emotional ties with and feelings toward his/her siblings are as
follows:
That the child’s emotional ties with and feelings toward [names of others who may
affect the child’s best interests significantly] are as follows:
That the child [has/has not] made a good adjustment to community, home, placement,
and school.
That the child’s emotional response and feelings toward termination of parental rights
are as follows:
That the likely impact of termination of parental rights is
That the following efforts were made, following the placement of the child into foster
care, to finalize the child’s permanency plan: ; and
That the efforts made by the local department [were / were not] reasonable because
In light of the above-stated factual findings, on this ________day of ____________200____, it is
therefore, ORDERED,
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That the [County] Department of Social Services’ Petition for Guardianship with the
Right to Consent to Adoption or Long Term Care Short of Adoption [is / is not] granted.
***IF PETITION IS GRANTED***
That DSS is granted guardianship of the Respondent for [appropriate
placement/placement with relatives/other]; and it is further ORDERED,
That DSS/DHMH provide or make referrals for the following services:
□
educational/academic
□
vocational assessment
□
individual counseling
□
substance abuse evaluation
□
substance abuse treatment
□
psychological evaluation
□
psychiatric evaluation
□
medical evaluation
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Other
That _____________________ continues to be/be awarded limited guardianship for the
purpose of making routine medical, dental, educational, psychological and out of state travel
decisions on behalf of the Respondent.
That the individual’s CINA case is terminated.
***IF PETITION IS NOT GRANTED***
That the Respondent (s) [or First or Full Name of Child] [remains/is placed] in the
custody of the [local agency/ parent / relative / other] pending further disposition before this
Court on the above-captioned matter;
That [Executive Director] of the [county][DSS/local agency] be awarded limited
guardianship for the purpose of routine medical, dental, educational, psychological decision
making on behalf of the respondent, and out of state travel purposes;
That the Respondent(s) [or First or Full Name of Child] permanency plan is:
□
Return to the parent(s) [only if petition is not granted]
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Placement with a relative for
○
Adoption
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Guardianship
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Adoption by a nonrelative
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Guardianship by a nonrelative
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Another Planned Permanent Living Arrangement because the following
compelling reasons exist making return home, adoption or guardianship
not in the respondent(s)’s best interests:
with implementation to be achieved by:___________________ .
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That visitation between the Respondent (s) [or First or Full Name of Child] and
______________________________________ is to be
□ liberal and unsupervised; or
□ supervised as arranged by the [local agency or its designee] with a minimum of
___________________________________ ; or
□ until,_______________________________ ; or
□ as arranged between the parties; incorporating but not merging the visitation
agreement dated ______________;
That there be no contact between Respondent(s) [or First or Full Name of Child]
and_________________________________;
That the [local DSS/DHMH/other agency] submit bi-annual written progress reports to
the Court and all parties no later than [specify first date] and [specify second date];
That a__________Guardianship Reviewor _________CINA Review Hearing be
scheduled on the ________ day of _________200___, at ________a.m./p.m before the Court
ALL PARTIES LISTED ABOVE AS PRESENT RECEIVED NOTICE OF THE FINDINGS
ON THE RECORD AND UPON COMPLETION A COPY OF THIS ORDER WAS
□ HANDED TO THEM
□ SENT BY FIRST CLASS MAIL.
A COPY OF THIS ORDER WILL BE MAILED TO THOSE PARTIES NOT PRESENT.
SERVICE IS TO BE BY:
□ First class mail
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Sheriff’s Service on ______________________
Certified Mail, Return Receipt Requested on______________________
Appropriate means when an address is supplied to the Court
Further notice has been waived
____________________________________
JUDGE
____________________________________
Date
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