Florida Child Welfare Case Manager Certification Practice Exam

Following a permanency hearing, what constitutes an exception to filing a termination of parental rights petition?

1. The foster parents recommend against it

2. There is no available adoptive home

3. A petition is not in the best interest of the child

4. The guardian ad litem recommends against it

The correct answer is: A petition is not in the best interest of the child

In a permanency hearing, which determines the best course of action for a child in foster care, filing a petition to terminate parental rights is typically seen as a last resort. This is because it legally and permanently severs the relationship between a parent and child. Option A, the foster parents recommending against it, is not a valid exception because their opinions are not legally binding and do not outweigh the best interest of the child. Option B, there being no available adoptive home, is not a valid exception because even if there is no available adoptive home at the current time, the court may still find it in the best interest of the child to terminate parental rights and place them in long-term foster care or with relatives. Option D, the guardian ad litem (a court-appointed advocate for the child) recommending against it, is not a valid exception because their role is to