Providing for the reinstatement of parental rights of a former parent under certain circumstances

The circumstances that must exist are: the child was previously found to be a child in need of assistance; the child’s former parent’s parental rights were terminated in a proceeding under the juvenile justice chapter (Code chapter 232); the child has not been adopted and the child has not achieved the goals of the child’s case permanency plan; two years have passed since the final order of termination of parental rights was entered; and the child is at least 12 years of age at the time the petition is filed. However, upon the child’s motion for good cause shown, or on the court’s own motion, the court may hear a petition filed by a child younger than 12 years of age. If a child meets the criteria of an eligible child, the child’s GAL, DHS, or an agency or person to whom guardianship and custody of the child has been transferred, is required to notify the child of the child’s right to petition the court for the reinstatement. Additionally, if the former parent whose rights have been previously terminated contacts the child’s GAL, DHS, or the agency or other person, and the child meets the criteria of an eligible child, the GAL, DHS, or the agency or other person is required to notify the eligible child of the child’s right to petition the court for the reinstatement. The bill provides for the appointment of a GAL and attorney for the child if the child does not already have a GAL and attorney, at no cost to the child. The petition must be signed by the child, unless good cause is shown as to why the child is unable to do so. The former parent for whom reinstatement of parental rights is sought must consent in writing to the petition. After a threshold hearing to consider the former parent’s apparent fitness and interest in reinstatement of parental rights, if the court finds by a preponderance of the evidence that the best interest of the child may be served by the reinstatement of parental rights, the court shall order that a hearing on the merits of the petition be held. The bill provides for notice to certain parties prior to the hearing on the merits of the petition. Following the hearing on the merits of the petition, the court shall conditionally grant the petition if the court finds by clear and convincing evidence that the child has not been adopted, has not achieved the goals of the child’s case permanency plan, and is not imminently likely to achieve such goals, and that the reinstatement of parental rights is in the child’s best interest. The bill specifies considerations for the court in determining whether reinstatement is in the child’s best interest and in determining whether the child has or has not achieved the goals of the child’s case permanency plan or is imminently likely to achieve such goals. If the court conditionally grants the petition, the case is continued for six months and a temporary order of reinstatement is entered. During the six-month period, the child is placed in the custody of the former parent and DHS or an agency shall develop a case permanency plan for the child reflecting reunification and provide transition services to the family, as appropriate. If, during the six-month period, the child must be removed from the former parent due to allegations of abuse or neglect, the court shall dismiss the petition for reinstatement of parental rights if the allegations are proven by a preponderance of the evidence. At the end of the six-month period, the court is required to hold a hearing and make certain determinations and dispositions. If the placement with the former parent has been successful, the court shall enter a final order of reinstatement of parental rights, which shall restore all rights, powers, privileges, immunities, duties, and obligations of the parent as to the child, including those relating to custody, control, and support of the child. Additionally, the court shall vacate the dispositional order in the child in need of assistance proceeding and direct the clerk’s office to provide a certified copy of the final order of reinstatement of parental rights to the parent at no cost. If the placement with the former parent has not been successful, the court shall dismiss the petition and the child’s case permanency plan shall remain in effect. The bill provides that a proceeding to reinstate parental rights is a separate action from the termination of parental rights proceeding and does not vacate or otherwise affect the validity of the original termination of parental rights order. A reinstatement order reinstates the former parent’s parental rights to the child. The reinstatement is a recognition that the situation of the parent and child has changed since the time of the termination of parental rights and reunification is now appropriate. A parent whose rights are reinstated is not liable for any child support owed to the department or costs of other services provided to a child during the time period from the date of termination of parental rights to the date parental rights are reinstated. The bill applies to any eligible child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated. The bill provides that the state, the department, an agency, or other person or an employee of such entities is not liable for civil damages resulting from any act or omission in the provision of services under the bill, unless the act or omission constitutes gross negligence. The bill does not create any duty and shall not be construed to create a duty where none exists, and does not create a cause of action against the state, the department, an agency, another person, or the employees of such entities concerning the original termination.