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Session Laws, 1987
Volume 769, Page 3598   View pdf image
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VETOES

(iii) the maintenance of regular communication
by the natural parent with the custodian of the child; and

(iv) whether additional services would be
likely to bring about a lasting parental adjustment so that the
child could be returned to the natural parent within an
ascertainable time, NOT EXCEEDING 18 MONTHS FROM THE TIME OF
PLACEMENT, but the court may not consider whether the maintenance
of the parent-child relationship may serve as an inducement for
the natural parent's rehabilitation; AND

(6) ALL SERVICES OFFERED TO THE NATURAL  PARENT BEFORE

THE PLACEMENT OF THE CHILD, WHETHER OFFERED BY  THE AGENCY TO

WHICH THE CHILD IS COMMITTED OR BY OTHER      AGENCIES OR
PROFESSIONALS.

(d) (1) In determining whether it is in the best interest
of the child to terminate a natural parent's rights as to the
child in a case involving a child who has been adjudicated to be
a child in need of assistance, a neglected child, an abused
child, or a dependent child, the court shall consider the factors
in subsection (c) of this section and whether any of the
following continuing or serious conditions or acts exist;

(i) the natural parent has a disability that
renders the natural parent consistently unable to care for the
immediate and ongoing physical or psychological needs of the
child for long periods of time;

(ii) the natural parent has committed acts of
abuse or neglect toward any child in the family; or

(iii) the natural parent has failed repeatedly
to give the child adequate food, clothing, shelter, and education
or any other care or control necessary for the child's physical,
mental, or emotional health, even though the natural parent is
physically and financially able.

(2)  If a natural parent does not provide specified
medical treatment for a child because the natural parent is
legitimately practicing religious beliefs, that reason alone does
not make the natural parent a negligent parent.

(3)  THE COURT SHALL CONSIDER THE EVIDENCE UNDER
PARAGRAPH (1) OF THIS SUBSECTION REGARDING CONTINUING OR SERIOUS
CONDITIONS OR ACTS AND MAY WAIVE THE CHILD PLACEMENT AGENCY'S
OBLIGATIONS UNDER SUBSECTION (C) OF THIS SECTION IF THE COURT,
AFTER APPROPRIATE EVALUATION OF EFFORTS MADE AND SERVICES
RENDERED, FINDS BY CLEAR AND CONVINCING EVIDENCE THAT THE WAIVER
OF THOSE OBLIGATIONS IS IN THE BEST INTEREST OF THE CHILD.

- 3598 -

 

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Session Laws, 1987
Volume 769, Page 3598   View pdf image
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