S.F. 111 Section 1. NEW SECTION . 232.121 Reinstatement of parental 1 rights. 2 1. A child, the child’s guardian ad litem, the department, 3 or an agency or person to whom guardianship and custody of the 4 child has been transferred following termination of parental 5 rights of a parent under section 232.117, may petition the 6 juvenile court to reinstate the parental rights of the child’s 7 former parent if all of the following circumstances exist, 8 making the child an eligible child for purposes of this 9 section: 10 a. The child was previously found to be a child in need of 11 assistance under this chapter. 12 b. The child has not achieved the goals of the child’s case 13 permanency plan, and is not likely to do so. 14 c. The child does not have a permanent placement or a 15 planned permanent placement, is not subject to a permanent 16 guardianship, is not in an adoptive placement, is not likely 17 to be adopted within a reasonable period of time, and other 18 permanency options have been exhausted. 19 d. The child’s former parent’s parental rights were 20 terminated in a proceeding under this chapter, but the 21 termination of the parent-child relationship was not based on a 22 finding of sexual abuse, a near child fatality, a suspicious 23 child fatality, or an incident of egregious abuse or neglect 24 against a child as evidenced by the aggravated circumstances 25 specified pursuant to section 232.102, subsection 12, 26 paragraphs “d” through “g” . 27 e. Two years have passed since the final order of 28 termination of parental rights was entered. 29 f. The child is at least twelve years of age when the 30 petition is filed, or is younger than twelve years of age when 31 the petition is filed but is part of a sibling group including 32 a child for whom reinstatement is being sought and that child 33 meets the other conditions for reinstatement. 34 2. a. If a child meets the criteria of an eligible 35 -1- LSB 1947XS (3) 89 pf/rh 1/ 9

S.F. 111 child under subsection 1, the child’s guardian ad litem, 1 the department, or an agency or person to whom guardianship 2 and custody of the child has been transferred under section 3 232.117, shall notify the child of the child’s right to 4 petition the court for the reinstatement. 5 b. If the former parent whose rights were previously 6 terminated contacts the child’s guardian ad litem, the 7 department, or the agency or other person to whom guardianship 8 and custody of the child has been transferred under section 9 232.117, and the child is eligible pursuant to subsection 1, 10 the guardian ad litem, department, agency, or other person 11 shall notify the eligible child of the child’s right to 12 petition the court for the reinstatement. 13 3. If a child seeking to petition for reinstatement of 14 parental rights under this section does not have a guardian 15 ad litem or attorney, the court shall appoint a guardian ad 16 litem and counsel for the child at no cost to the child. If a 17 guardian ad litem has previously been appointed for the child 18 in a proceeding under this chapter, the same person may serve 19 both as the child’s counsel and as guardian ad litem. However, 20 the court may appoint a separate guardian ad litem if the same 21 person cannot properly represent the legal interests of the 22 child as legal counsel and also represent the best interest of 23 the child as guardian ad litem. 24 4. The petition must be signed by the child unless good 25 cause is shown as to why the child is unable to do so. The 26 former parent for whom reinstatement of parental rights is 27 sought must consent in writing to the petition. 28 5. The court shall hold a threshold hearing to consider 29 the former parent’s apparent interest in the reinstatement of 30 parental rights. At a minimum, the threshold hearing shall 31 determine all of the following: 32 a. Whether the former parent has remedied the former 33 parent’s deficits as provided in the record of the prior 34 termination proceedings and prior termination order. 35 -2- LSB 1947XS (3) 89 pf/rh 2/ 9

S.F. 111 b. Whether the former parent has participated in an 1 assessment based on evidence-based criteria that supports the 2 reinstatement of the parent-child relationship as being in the 3 best interest of the child. 4 6. If, after a threshold hearing to consider the former 5 parent’s apparent fitness and interest in the reinstatement 6 of parental rights, the court finds by a preponderance of the 7 evidence that the best interest of the child may be served by 8 the reinstatement of parental rights, the court shall order 9 that a hearing on the merits of the petition be held. 10 7. Before a hearing is held on the merits of the petition, 11 notice shall be provided to the child’s guardian ad litem, the 12 department, the agency or other person to whom guardianship 13 and custody of the child has been transferred under section 14 232.117, the child’s attorney, the child, the child’s former 15 parent whose parental rights are the subject of the petition, 16 any parent whose rights have not been terminated, the child’s 17 current foster parent, the child’s relative caregiver, and the 18 child’s tribe, if applicable. Notice shall be provided in the 19 same manner as in section 232.37. 20 8. The court shall conditionally grant the petition if the 21 court finds by clear and convincing evidence that the child has 22 not been adopted, has not achieved the goals of the child’s 23 case permanency plan, and is not imminently likely to achieve 24 such goals, and that reinstatement of parental rights is in the 25 child’s best interest. In determining whether reinstatement is 26 in the child’s best interest the court shall consider, but is 27 not limited to considering, all of the following: 28 a. Whether the former parent whose rights are to be 29 reinstated is a fit parent and has remedied the former parent’s 30 deficits as provided in the record of the prior termination 31 proceedings and prior termination order. 32 b. Whether the former parent whose rights are to be 33 reinstated understands the legal obligations, rights, and 34 consequences of the reinstatement of parental rights and is 35 -3- LSB 1947XS (3) 89 pf/rh 3/ 9

S.F. 111 willing and able to accept such obligations, rights, and 1 consequences. 2 c. The age and maturity of the child, and the ability of the 3 child to express the child’s preference. 4 d. Whether the reinstatement of parental rights will present 5 a risk to the child’s health, welfare, or safety. 6 e. Other material changes in circumstances, if any, that may 7 have occurred which warrant the granting of the petition. 8 9. In determining whether the child has or has not achieved 9 the goals of the child’s case permanency plan or whether the 10 child is imminently likely to achieve the goals of the child’s 11 case permanency plan, the department, or the agency or other 12 person to whom guardianship and custody of the child has been 13 transferred under section 232.117, shall provide the court, and 14 the court shall review, information related to any efforts to 15 achieve the goals of the case permanency plan including efforts 16 to achieve adoption or a permanent placement. 17 10. a. If the court conditionally grants the petition under 18 subsection 8, the case shall be continued for six months and a 19 temporary order of reinstatement entered. During this period, 20 the child shall be placed in the custody of the former parent. 21 The department or agency shall develop a case permanency plan 22 for the child reflecting reunification and shall provide 23 transition services to the family, as appropriate. 24 b. If the child must be removed from the former parent due 25 to allegations of abuse or neglect prior to the expiration 26 of the conditional six-month period, the court shall dismiss 27 the petition for reinstatement of parental rights if the court 28 finds the allegations have been proven by a preponderance of 29 the evidence. 30 11. At the end of the six-month period, the court shall hold 31 a hearing and order one of the following: 32 a. If the placement with the former parent has been 33 successful, the court shall enter a final order of 34 reinstatement of parental rights which shall restore all 35 -4- LSB 1947XS (3) 89 pf/rh 4/ 9

S.F. 111 rights, powers, privileges, immunities, duties, and obligations 1 of the parent as to the child, including those relating 2 to custody, control, and support of the child. The court 3 shall vacate the dispositional order in the child in need 4 of assistance proceeding and direct the clerk’s office to 5 provide a certified copy of the final order of reinstatement of 6 parental rights to the parent at no cost. 7 b. If the placement with the former parent has not been 8 successful, the court shall dismiss the petition and the 9 child’s case permanency plan shall remain in effect. 10 12. A proceeding to reinstate parental rights is a separate 11 action from the termination of parental rights proceeding 12 and does not vacate or otherwise affect the validity of the 13 original termination of parental rights order. An order 14 granted under this section reinstates the former parent’s 15 rights to the child. The reinstatement is a recognition that 16 the situation of the parent and child has changed since the 17 time of the termination of parental rights and reunification 18 is now appropriate. 19 13. A parent whose rights are reinstated under this 20 section shall not be liable for any child support owed to the 21 department or costs of other services provided to a child for 22 the time period from the date of termination of parental rights 23 to the date parental rights are reinstated. 24 14. This section shall apply to any eligible child who is 25 under the jurisdiction of the juvenile court at the time of the 26 hearing regardless of the date parental rights were terminated. 27 15. The state, the department, or an agency or other person 28 or an employee of such entities is not liable for civil damages 29 resulting from any act or omission in the provision of services 30 under this section unless the act or omission constitutes gross 31 negligence. This section does not create any duty and shall 32 not be construed to create a duty where none exists. This 33 section does not create a cause of action against the state, 34 the department, an agency, another person, or the employees of 35 -5- LSB 1947XS (3) 89 pf/rh 5/ 9

S.F. 111 such entities concerning the original termination. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill provides for the reinstatement of parental rights 5 following the granting of a termination of parental rights 6 order under certain circumstances. The bill provides that a 7 child, the child’s guardian ad litem (GAL), the department 8 of human services (DHS), or an agency or person to whom 9 guardianship and custody of the child has been transferred 10 following termination of the parental rights of a parent, may 11 petition the juvenile court (court) to reinstate the previously 12 terminated parental rights of the child’s former parent 13 if certain circumstances exist, making the child eligible 14 to petition the court. The circumstances that must exist 15 are: the child was previously found to be a child in need of 16 assistance; the child has not achieved the goals of the child’s 17 case permanency plan, and is not likely to do so; the child 18 does not have a permanent placement or a planned permanent 19 placement, is not subject to a permanent guardianship, is not 20 in an adoptive placement, is not likely to be adopted within a 21 reasonable period of time, and other permanency options have 22 been exhausted; the child’s former parent’s parental rights 23 were terminated, but the termination was not based on a finding 24 of sexual abuse, a near child fatality, a suspicious child 25 fatality, or an incident of egregious abuse or neglect evidence 26 by specified aggravated circumstances; two years have passed 27 since the final order of termination of parental rights was 28 entered; and the child is at least 12 years of age when the 29 petition is filed, or is younger than 12 years of age when the 30 petition is filed but is part of a sibling group. 31 If a child meets the criteria of an eligible child, the 32 child’s GAL, DHS, or an agency or person to whom guardianship 33 and custody of the child has been transferred, is required to 34 notify the child of the child’s right to petition the court for 35 -6- LSB 1947XS (3) 89 pf/rh 6/ 9

S.F. 111 the reinstatement. Additionally, if the former parent whose 1 rights have been previously terminated contacts the child’s 2 GAL, DHS, or the agency or other person, and the child meets 3 the criteria of an eligible child, the GAL, DHS, or the agency 4 or other person is required to notify the eligible child of the 5 child’s right to petition the court for the reinstatement. 6 The bill provides for the appointment of a GAL and attorney 7 for the child if the child does not already have a GAL and 8 attorney, at no cost to the child. 9 The petition must be signed by the child, unless good cause 10 is shown as to why the child is unable to do so. The former 11 parent for whom reinstatement of parental rights is sought must 12 consent in writing to the petition. 13 The court shall hold a threshold hearing to consider the 14 former parent’s apparent fitness and interest in reinstatement 15 of parental rights. At a minimum, the threshold hearing shall 16 determine whether the former parent has remedied the former 17 parent’s deficits as provided in the record of the prior 18 termination proceedings and prior termination order and whether 19 the former parent has participated in an assessment based on 20 evidence-based criteria that supports the reinstatement of 21 the parent-child relationship as being in the best interest 22 of the child. If the court finds by a preponderance of the 23 evidence that the best interest of the child may be served by 24 the reinstatement of parental rights, the court shall order 25 that a hearing on the merits of the petition be held. The bill 26 provides for notice to certain parties prior to the hearing 27 on the merits of the petition. Following the hearing on the 28 merits of the petition, the court shall conditionally grant the 29 petition if the court finds by clear and convincing evidence 30 that the child has not been adopted, has not achieved the goals 31 of the child’s case permanency plan, and is not imminently 32 likely to achieve such goals, and that the reinstatement 33 of parental rights is in the child’s best interest. The 34 bill specifies considerations for the court in determining 35 -7- LSB 1947XS (3) 89 pf/rh 7/ 9

S.F. 111 whether reinstatement is in the child’s best interest and in 1 determining whether the child has or has not achieved the goals 2 of the child’s case permanency plan or is imminently likely 3 to achieve such goals. If the court conditionally grants the 4 petition, the case is continued for six months and a temporary 5 order of reinstatement is entered. During the six-month 6 period, the child is placed in the custody of the former parent 7 and DHS or an agency shall develop a case permanency plan for 8 the child reflecting reunification and provide transition 9 services to the family, as appropriate. If, during the 10 six-month period, the child must be removed from the former 11 parent due to allegations of abuse or neglect, the court shall 12 dismiss the petition for reinstatement of parental rights if 13 the allegations are proven by a preponderance of the evidence. 14 At the end of the six-month period, the court is required 15 to hold a hearing and make certain determinations and 16 dispositions. If the placement with the former parent has 17 been successful, the court shall enter a final order of 18 reinstatement of parental rights which shall restore all 19 rights, powers, privileges, immunities, duties, and obligations 20 of the parent as to the child, including those relating to 21 custody, control, and support of the child. Additionally, the 22 court shall vacate the dispositional order in the child in 23 need of assistance proceeding and direct the clerk’s office to 24 provide a certified copy of the final order of reinstatement 25 of parental rights to the parent at no cost. If the placement 26 with the former parent has not been successful, the court shall 27 dismiss the petition and the child’s case permanency plan shall 28 remain in effect. 29 The bill provides that a proceeding to reinstate parental 30 rights is a separate action from the termination of parental 31 rights proceeding and does not vacate or otherwise affect the 32 validity of the original termination of parental rights order. 33 A reinstatement order reinstates the former parent’s parental 34 rights to the child. The reinstatement is a recognition that 35 -8- LSB 1947XS (3) 89 pf/rh 8/ 9

S.F. 111 the situation of the parent and child has changed since the 1 time of the termination of parental rights and reunification 2 is now appropriate. A parent whose rights are reinstated is 3 not liable for any child support owed to DHS or costs of other 4 services provided to a child during the time period from the 5 date of termination of parental rights to the date parental 6 rights are reinstated. The bill applies to any eligible child 7 who is under the jurisdiction of the juvenile court at the 8 time of the hearing regardless of the date parental rights 9 were terminated. The bill provides that the state, DHS, an 10 agency, or other person or an employee of such entities is not 11 liable for civil damages resulting from any act or omission 12 in the provision of services under the bill, unless the act 13 or omission constitutes gross negligence. The bill does not 14 create any duty and shall not be construed to create a duty 15 where none exists, and does not create a cause of action 16 against the state, DHS, an agency, another person, or the 17 employees of such entities concerning the original termination. 18 -9- LSB 1947XS (3) 89 pf/rh 9/ 9