A petition for termination of parental rights must be made under oath and shall include at least the following:
(a) The name, date, place of birth, if known, of the minor.
(b) The name and address of petitioner.
(c) The name and place of residence, if known, of each of the parents of the minor.
(d) The name and address of the minor’s guardian in protection or adoption proceedings.
(e) A brief statement of the facts that according to the petitioner constitute sufficient grounds for the petition for termination of patria potestas.
(f) The consequences of the termination order.
At the time the petition is filed, the court shall set a date within the following ten (10) days for holding the hearing, which shall not be suspended except for just cause. Furthermore, at the time the petition is filed, the parties shall be notified of their right to not be deprived of their parental rights without being assisted by an attorney. If the respondent fails to appear or fails to justify his/her nonappearance, the court shall find him/her in default and may pronounce judgment without further summons or hearing. Moreover, the proceedings for the termination of parental rights may be conducted simultaneously with adoption proceedings, as provided in §§ 2699 et seq. of Title 32, known as the “Special Legal Proceedings Act”. Once the termination of parental rights becomes final and binding, the Department may immediately institute adoption proceedings.
History —Aug. 1, 2003, No. 177, § 54; Dec. 18, 2009, No. 186, § 31, eff. 30 days after Dec. 18, 2009.