VIRGIN ISLANDS RULES OF FAMILY DIVISION PROCEDURE Rule 91. Termination of the Parent and Child Relationship; Petition

• Jurisdiction: United States

Rule 91. Termination of the Parent and Child Relationship; Petition

(a) Initiation of Proceedings.

(1) A petition for termination of parental rights may be filed at any time by the Department of Human Services or a child's guardian ad litem, supported by affidavit or affirmation. Each petition shall be titled a petition for termination of parental rights.
(2) A petition may seek termination of parental rights to multiple children of a parent.
(3) A petition may be filed:

(A) After at least six months have passed since a child was adjudicated neglected, abandoned or abused and the child is in the court-ordered custody of a department, agency, institution, or person other than the parent; or,
(B) Immediately on adjudication that the child is neglected, abandoned or abused, when despite reasonable efforts, the parent could not be located for the fact-finding hearing or during the period from the child's removal from the home and the fact-finding hearing.

(b) Mandatory Filing. Unless a petition has already been filed by the child's guardian ad litem, a petition to terminate the parent and child relationship shall be filed by the Department of Human Services if any one of the following conditions has occurred, unless a notice is filed with the court specifying the agency's reason(s) for not filing such a motion:

(1) The child has been in court-ordered custody

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