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TERMINATION OF PARENTAL RIGHTS (TPR) AND FILING ISSUE REMINDERS
The following information should be reviewed by regional and Adoption CSWs,
SCSWs, as well as Regional TPR Clerks. It is important that the TPR packet be
accurate and complete when it is given to the Adoptions Division TPR Clerk, who
is responsible for processing and forwarding all freeing action requests to the
California Department of Social Services. See
Procedural Guide 0300-503.21, Checklist: Termination of Parental Rights
(TPR)-Related Activities, for detailed procedures.
- Prior to submitting the TPR packet to your TPR Clerk, review the
case record to ensure that you have requested termination of parental rights
for all presumed and all alleged fathers, even if their identity is unknown.
See Procedural Guide 0300-503.21 for a definition of presumed and alleged
fathers. In the event the father named on the birth certificate was ruled
out via HLA testing, you must notice via publication for the unknown father.
- Once parental rights are terminated, check the minute order
terminating parental rights to ensure that the following information is
accurately reflected:
a. All presumed and alleged fathers have been named and
identified for each freed child.
b. When the father's identity is unknown that the court
terminated for "identity unknown" for the
father.
NOTE: When requesting the court terminate from a father whose identity is
unknown, do not request similar phrases be used such as "father
unknown" or "declined to state."
c. The spelling of the child's and parent's names
match the exact spelling on the child's birth
certificate, including middle names and AKAs. If
the child's name on the top of the minute order is
incorrect, having the name listed correctly under the
specific order to free is acceptable.
d. If the birth certificate has no name for the child, i.e.
"_________ __________ Smith," the freeing
minute order lists "_______ _______ Smith," as
well as the AKA name given in the case record.
- Complete affidavits to correct for minor discrepancies between
names listed on the freeing minute order and the child's birth certificate,
such as misspelling of the name, missing AKAs or a discrepancy in the
child's birth date. The original birth certificate should remain in the case
file.
- Complete a nunc pro tunc when a name is omitted from the minute
order terminating parental rights or the first or last name is different.
See FYI 97-27, Nunc Pro Tunc: Procedures to Correct Inaccurate or Missing
Information from Minute Orders.
- Submit two copies of the AD 90 or AD 551A and do not date
the forms. The Adoptions Division TPR Clerk will complete these dates when
the paperwork is submitted for filing to CDSS.
- Include the following information on the DCFS 65A:
a. If the case has been reviewed for possible
American Indian heritage, check "Yes." If yes is
checked, attach all correspondence from the tribe
giving permission for the adoption to proceed. If
"No" is checked, the case may be returned for
further review.
b. Indicate on Line 3, the type of freeing action such
as WIC 366.26, FC 7820, FC 7662, etc., and the
parent's name, including AKA's.
c. Clearly print or type the name of the CSW and
SCSW.
d. Do not include a date on the last line of the form.
This date is to be completed by the Adoptions TPR
Clerk.
- Before transferring the case to the Adoptions Division, include in
the Adoption Folder a copy of the birth certificate, freeing minute order,
affidavits, nunc pro tuncs, etc., as well as the AD 90, AD 551A, and DCFS
65A signed by the regional SCSW. If the TPR order was stayed, include a copy
of the minute order lifting the stay.
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