There are several circumstances that can form the legal basis for the filing of a motion or petition to terminate parental rights to a child. DHS may make recommendations for this action; however, the decision to file for termination of parental rights (TPR) rests with the district attorney and the child’s attorney, since either may file. However, even when a judge or jury determines there are legal grounds to terminate parental rights, the court must also determine if a TPR would be in the best interests of the child. After a TPR court order has been filed, the affected parent has to right to file an appeal of that court order to the Oklahoma Supreme Court. While an appeal is pending, the child is not legally free for adoption.
Continue to Adoption and Safe Families Act (ASFA)