Rule 24 - Involuntary Termination of Parental Rights(a) Petition. The Department of Children, Youth, and Families or any other agency authorized by law may petition the court for termination of legal rights of the parent or parents to a child. The petition shall be sworn to by an authorized agent of the petitioner on the basis of knowledge or information and belief before a judicial officer or clerk of the court or before a notary public. The petition shall include the following: (1) To the extent known the name, age, and residence of: (C) The child's other legal guardian;(D) The person having custody and control of the child; and(E) The child's nearest known relative if no parent or guardian can be found.(2) The action requested of the court by the petitioner;(3) A statement of facts, in addition to the petition, on which the petition is based, including reference to the specific statutory grounds on which termination of parental rights is sought; and(4) An affidavit swearing to the statement of facts in addition to the petition.(b) Notice.(1) Upon the filing of a petition the court shall forthwith issue a summons requiring the parent, guardian, or other person having custody of the child to appear before the court for a preliminary hearing on said petition within twenty (20) days from the date of the filing thereof. The summons shall be issued and served in accordance with Rule 16. (2) When a respondent, after service in accordance with this rule, is unable to appear in court due to hospitalization, institutionalization, imprisonment, or other circumstances that the court determines would make the respondent's appearance impractical or inexpedient, the court shall ensure that the respondent receives notice and an opportunity to be heard in the proceedings.(3) When a parent's whereabouts are unknown at the time the petition is filed, the Department of Children, Youth, and Families shall immediately commence a diligent search to locate the parent.(c) Preliminary Hearing. A preliminary hearing shall be held on the petition for the court to: (1) Advise the parent or other person having care of such child of the allegations contained in the petition;(2) Assure that all parents have been identified and located, and if there is an unnamed or absent parent, inquire as to efforts made to locate that person;(3) Arraign the respondent by entering either a denial or admission of the allegations contained in the petition;(4) Assure that a guardian ad litem and/or a court appointed special advocate has been appointed to represent the child;(5) Appoint an attorney to represent the parent and any person having such care or custody of such child when the parent or custodian is unable to afford such representation;(6) Appoint an attorney and a guardian ad litem, if necessary, where the court determines that a respondent is a minor or is unable to appear in court due to hospitalization, institutionalization, imprisonment, or other circumstances that would make the respondent's appearance impractical or inexpedient and where the respondent made known the respondent's desire to be represented in the petition;(7) Advise the parent and any other person named on the petition of the right to participate fully in a hearing on the allegations of the petition;(8) Make any interim order in the court's discretion respecting the custody, visitation, and rights of the child; and(9) Inquire as to the applicability of and compliance with the mandates of the Indian Child Welfare Act, 25 U.S.C. § 1901, et seq.(d) Default. If any parent, guardian, or other person having custody of a child shall, after due notice, fails to appear at the preliminary hearing, the court may enter a default and proceed to receive proof and enter judgment then or at a subsequent date no later than thirty (30) days after the default entered unless the time for receiving proof is extended by the court for good cause.(e) Discovery. Discovery shall be conducted in accordance with Rule 21. Once discovery is complete, the court shall set a date for a case management conference.(f) Hearings on the Merits. A trial shall be commenced within ninety (90) days of the case management conference, unless good cause is shown. Trial dates should be scheduled for consecutive days, whenever possible. Where the court determines that a respondent is unable to appear in court due to hospitalization, institutionalization, imprisonment, or other circumstances that would make the respondent's appearance impractical or inexpedient, the court shall permit video communication when available and telephonic communication if video is not available. The court shall provide reasonable means for the respondent and an attorney to communicate confidentially. The court shall draw no inference as to the fitness of the parent based on the need for video, telephonic, or other electronic assistance.(g) Disposition.(1) Pursuant to G.L. 1956 § 15-7-7, if the court finds by clear and convincing evidence that one (1) or more of the grounds authorizing termination of parental rights exists and that the best interests of the child require the termination of such rights, the court shall terminate the parental rights and set forth in the judgment of termination the facts and conclusions of law upon which the termination is based.(2) If the court finds that there are no grounds to terminate parental rights or that the best interests of the child require that such rights should not be terminated, the court shall dismiss the petition and set forth in the order the facts and conclusions of law upon which the dismissal is based.(h) Judgment.(1) If a court finds that the parental rights of the parent should be terminated, the court shall by judgment duly entered appoint some suitable person to give or withhold consent in any subsequent adoption proceedings. In petitions filed by licensed or governmental child placement agencies, the court shall further vest the agency with all rights of guardianship over the child.(2) The attorney for the petitioner shall prepare a separate judgment for each child whose parent's rights have been terminated and shall serve a copy of the termination of parental rights judgment upon the parent's attorney or self-represented parent and upon the guardian ad litem within fourteen (14) days of the court's decision. (A) The judgment shall recite the name of the parent whose rights have been terminated;(B) The judgment shall recite the specific findings of fact made by the court; and(C) Where there is no objection, the termination of parental rights judgment shall be filed by the attorney who prepared the judgment.(i) Review. In the event that any child whose parent's rights have been finally terminated and the child has not been placed by the agency in the home of a person with the intention of adopting the child within thirty (30) days from the date of entry of the judgment of termination of parental rights, the court shall review the status of the child and the agency shall file a report that documents the steps the agency has taken to find an adoptive family or other permanent living arrangement for the child, including child specific recruitment efforts.(j) Conclusion of Proceedings. The court shall make findings of fact and conclude all hearings on petitions for termination of parental rights within one hundred eighty (180) days after notice to the parents has been effectuated. If the court is unable to conclude a hearing within one hundred eighty (180) days, the court shall enter an order setting forth the facts which necessitate an extension of the time period.(k) Challenge to Termination of Right to Give or Withhold Consent for Adoption. Any challenge or petition to reverse a termination of a parent's right to give or withhold consent for adoption shall be filed no later than one hundred eighty (180) days after a judgment, decree, or an order is entered.Adopted March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.