One of the ways a parent’s rights may be terminated is when the parent of a child is incarcerated and either:
1. The period of time for which the parent is expected to be incarcerated will constitute a significant portion of the child’s minority. The period of time begins on the date that the parent enters into incarceration;
2. The incarcerated parent has been determined by the court to be a violent career criminal or a sexual predator or has been convicted of first degree or second degree murder, a sexual battery that constitutes a capital, life, or first degree felony; or
3. The court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and terminating parental rights of the incarcerated parent is in the best interest of the child.
When determining harm, the court shall consider the following factors:
a. The age of the child.
b. The relationship between the child and the parent.
c. The nature of the parent’s current and past provision for the child’s developmental, cognitive, psychological, and physical needs.
d. The parent’s history of criminal behavior.
e. Any other factor the court deems relevant.
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