Item 5:
If the agency filed, or should have filed, for termination of parental rights (TPR) prior to the period under review (PUR) because the child was in care for 15/22 months prior to the start of the PUR, are reviewers supposed to assess whether the TPR was filed timely when they respond to question 5F?
No, question 5F is determining whether (1) a TPR was filed at any point prior to the PUR OR (2) if it was filed in a timely manner (in accordance with ASFA) during the PUR if the child reached the 15/22-month mark during the PUR. Reviewers only assess the timeliness of the TPR filing if it was due during the PUR. We do not assess the timeliness of a TPR filing in Item 5 when it occurred outside the PUR.
• If a TPR was filed prior to the PUR, the answer to 5F is Yes. Timeliness is not considered because it occurred outside the PUR.
• If the child has already been in foster care for 15 out of 22 months prior to the start of the PUR, and the agency DID NOT file a TPR prior to the PUR, there is no need to look for a TPR filing during the PUR. The answer to 5F in this case will always be No.
• If the child reached the 15/22 mark during the PUR, but the TPR filed during the PUR was not done timely (i.e. not by the 15/22-month timeframe) reviewers should answer 5F with No.