10-7006-1.6.

§10-7006-1.6.


    A.  The Department of Human Services shall identify those
adjudicated deprived children who have been in the Department's
custody for fifteen (15) of the most recent twenty-two (22) months,
and who were in out-of-home placement in the Department's custody as
of November 17, 1997.  The Department shall develop and provide to
district attorneys a listing of those cases for which a petition for
termination of parental rights should be filed.
    B.  The Department of Human Services shall provide to the State
Postadjudication Review Advisory Board a listing of those cases
identified in subsection A of this section and a listing of those
cases for which the Department has determined that a petition to
terminate parental rights is not required based upon the following:
    1.  The child is being cared for by a relative;
    2.  The Department has compelling reasons for determining such a
filing of termination of parental rights would not be in the best
interests of the child; or
    3.  The state has not provided to the family of the child,
consistent with the time period in the state case plan, such services
as the state may deem necessary for the safe return of the child to
the child's home, if reasonable efforts are required to be made with
respect to the child.
    C.  1.  The State Postadjudication Review Advisory Board shall
disseminate the listings from the Department of Human Services to
local postadjudication review boards for review.  In the event that
no local postadjudication review board exists, it shall be the
responsibility of the State Postadjudication Review Advisory Board to
provide the means to implement the provisions of subsection B of this
section.
    2.  In those cases where the local postadjudication review boards
or the Board disagree with the Department's determinations, the local
postadjudication review boards or Board shall provide to district
attorneys their recommendations of additional cases for which a
petition to terminate parental rights should be filed.  The Board
shall forward a copy of such recommendations to the Department of
Human Services.
    D.  The Department and district attorneys shall utilize the
following timetable for purposes of filing petitions for termination
pursuant to this section:
    1.  Within six (6) months after the end of the 2nd regular
Session of the 46th Legislature, not less than one-third (1/3) of
such cases shall be referred, giving priority to children for whom
the permanency plan is adoption and to children who have been in
foster care for the greatest length of time;
    2.  Within twelve (12) months after the end of such 2nd regular
Session, not less than two-thirds (2/3) of such cases shall be
referred; and
    3.  Within eighteen (18) months after the end of such 2nd regular
Session, all of such cases shall be referred.
    E.  The Department of Human Services shall provide to the local
postadjudication review boards or the State Postadjudication Review
Advisory Board any information necessary to effectuate the provisions
of this section.