Rule 44 - Termination of Parental Rights(a)Timing. When a juvenile has been out of the home in DHHR custody for 15 of the most recent 22 months the DHHR is required to file a petition to terminate the parental rights of the parents, unless the department has determined and documented in the case plan made available for court review a compelling reason why termination of parental rights is not in the best interests of the juvenile.(b) Compelling Reason. Compelling reason determined by the department not to seek termination of parental rights may include, but is not limited to, the following: (1) the juvenile's developmental needs require continued out-of-home placement for an additional number of months, and the parents have cooperated with referrals, visitation, family conferences, and therapy;(2) the juvenile is habitually truant and absconds from the home, and the current placement has an on-site school with therapeutic intervention with parental involvement;(3) the juvenile's rehabilitative needs require an extended out-of-home placement and the juvenile is an older teen who does not want parental rights terminated; or(4) no grounds to file a petition to terminate parental rights exist.(c) Seeking Termination. Any petition seeking termination of parental rights must be filed as a proceeding arising under West Virginia Code Chapter 49, Article 6; and handled in accordance with those statutes and the related procedural rules for child abuse and neglect proceedings.