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A district court's review of an agency adoption placement decision following a voluntary relinquishment is similarly limited. If "reasonable efforts" encompasses only the efficiency with which SRS finds suitable adoptive placements, the inclusion of the term "reasonable progress" would be rendered redundant by the term "reasonable efforts" and, therefore, rendered meaningless.
The purpose of K. The primary goal for all children whose parents' parental rights have been terminated is placement in a permanent family setting. A reasonable permanent placement decision necessarily implies a decision that is in the best interests of the child under the circumstances.
Efficiency of placement is but one aspect of an appropriate placement decision. The policies and procedures implemented by an agency and the manner in which those policies and procedures are implemented affect the reasonableness of an adoptive placement decision as much as the timeliness of the placement decision.
When a district court is required to make a custody placement decision after the termination of parental rights, the court must consider all of the facts and circumstances in light of the child's physical, mental, and emotional needs.
In doing so, the court must give primary consideration to granting custody to a relative of the child. With respect to the relative preference in adoptive placement under K. A district court is authorized to rescind its prior orders and to enter new orders regarding custody or adoptive placement once the court has determined that the agency responsible for finding suitable placement has not exercised reasonable efforts or progress in doing so.
A district court's discretion in effecting a child custody or placement determination is subject to the child's best interests. In determining what is within the best interests of a child, the district court's only concern should be the physical, mental, and emotional needs of the child and how a potential adoptive resource may address those needs.
Opinion filed July 9, Affirmed in part, reversed in part, and remanded. Turner and Phillip L. Turner, of Topeka, for appellant foster parents.
Markham, of Tucker and Markham, of Parsons, for appellees maternal aunt and uncle.
Thuston, of Chanute, guardian ad litem. We affirm in part, reverse in part, and remand the case for further proceedings. Although the Arizona relatives expressed an interest in becoming permanent guardians of the child and an expedited home study was conducted in Arizona, SRS filed its motion to terminate the natural parents' rights to D.
Thereafter, the natural parents relinquished their rights to the child, and the child was placed with her Parsons aunt. Consequently, SRS, the League, and the guardian ad litem decided to terminate the Interstate Compact process for the Arizona relatives and attempted to place the child with the Parsons aunt.
The attempted adoptive placement with the Parsons aunt was unsuccessful, and the child was placed in the home of the foster parents. Thereafter, the Arizona relatives and the foster parents both sought to adopt D.
After finally completing an adoptive placement home study through the Interstate Compact, the League held a case plan meeting at which SRS and the League unanimously decided to place D.William John Light 's answer If she gave you the dog, as in gifted it to you, it's yours.
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