Athens, 896 So.2d 531, 537 (Ala.Civ.A filing a petition to terminate parental rights is in the best interests of the child, it should file a petition to terminate parental rights regardless of whether the circumstances set out in § 26-18-5(b) are present. DHR may file a termination petition whenever it determines that the best interests of the child would be served thereby. Even in cases not covered by § 26-18-5(b), DHR may have sufficient reason to file a petition to terminate parental rights before the 15th month of foster care, such as when DHR establishes that further reasonable efforts at reuniting a child with the family would be futile and that it would be in the child’s best interests to expedite adoption. See generally M.A.J. v. S.F., 994 So.2d 280, 291-92 (Ala.Civ.App.2008) (<HOLDING>). That is not to say the petition would be
holding that the juvenile court could have concluded that dhr had made reasonable efforts to reunite the father with the child holding that even under the higher active efforts burden required in indian child welfare act icwa cases the fact that ocs failed to make efforts during three of the 26 months it was involved in the case was not determinative holding that dhr properly ended reunification efforts after eight months when previous reunification efforts had failed and the record indicated that further efforts would be unavailing holding that an order ceasing reunification efforts and awarding foster parents guardianship was supported where the child was being harmed by the lack of permanency the mother had not made progress toward reunification despite reasonable efforts from dss and the mother had failed to remedy the risks associated with returning the child to her home holding that ocs made active efforts as required by icwa even where ocss efforts temporarily declined when father was incarcerated