§ 2-149. Criteria for termination.
A. The Court may order a termination of the parent-child legal relationship upon the finding of any of the following:
1. That the child has been abandoned by his parent or parents;
2. That the child has been adjudicated as deprived and all the following exist:
a. That an appropriate treatment plan approved by the Court has not been reasonably complied with by the parent or parents or has been ignored;
b. That the parent is unfit;
c. That the conduct or condition of the parent or parents is not likely to change over time;
d. That it is in the child’s best interest.
3. A finding that a parent who does not have custody of the child has wilfully failed to contribute to the support of the child as provided in a decree of divorce or in some other Court order during the preceding year or, in the absence of such order, consistent with the parent’s means and earning capacity;
4. A conviction in a criminal action in any jurisdiction as to physical or sexual abuse of a child or a finding in a deprived child action either of the following has occurred:
a. The parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse that is heinous or shocking to the Court or that the child or sibling of such child has suffered severe harm or injury as a result of such physical or sexual abuse;
b. The parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or sibling of such child from physical or sexual abuse subsequent to a previous finding that such parent has physically or sexually abused the child or a sibling of such child or failed to protect the child or a sibling of such child from physical or sexual abuse.
5. A conviction in a criminal action that the parent has caused the death of a sibling of a child as a result of physical or sexual abuse or chronic neglect of such sibling.
B. In determining unfitness, conduct or condition, the Court shall find that continuation of the legal relationship between the parent and child is likely to result in grave risk of death or serious injury to the child or that the conduct or condition of the parent or parents renders the parent or parents unable or unwilling to give the child reasonable parental care. In making such determinations, the Court shall consider, but not be limited to, the following:
1. Emotional illness, mental illness or mental deficiency of the parent of such duration or nature as to render the parent unlikely over time to care for the ongoing physical, mental and emotional needs of the child;
2. Conduct towards the child of a physically or sexually abusive nature;
3. History of violent behavior;
4. A single incident of life-threatening or gravely disabling injury or disfigurement of the child;
5. Excessive use of intoxicating liquors or narcotics or dangerous drugs which affect the ability to care and provide for the child;
6. Neglect of the child;
7. Long-term confinement of the parent;
8. Injury or death of a sibling due to proven abuse or neglect by parental figures;
9. Reasonable efforts by child care agencies which have been unable to rehabilitate the parent or parents.
C. In considering any of the factors in subsection (B) of this section in termination the parent-child legal relationship, the Court shall give primary consideration to the physical, mental and emotional conditions and needs of the child. The Court shall review and order, if necessary, an evaluation of the child’s physical, mental and emotional conditions.