House File 151 - IntroducedA Bill ForAn Act 1providing for the reinstatement of parental rights of a
2former parent under certain circumstances.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  232.121  Reinstatement of parental
2rights.
   31.  A child, the child’s guardian ad litem, the department,
4or an agency or person to whom guardianship and custody of the
5child has been transferred following termination of parental
6rights of a parent under section 232.117, may petition the
7juvenile court to reinstate the parental rights of the child’s
8former parent if all of the following circumstances exist,
9making the child an eligible child for purposes of this
10section:
   11a.  The child was previously found to be a child in need of
12assistance under this chapter.
   13b.  The child’s former parent’s parental rights were
14terminated in a proceeding under this chapter.
   15c.  The child has not been adopted and the child has not
16achieved the goals of the child’s case permanency plan.
   17d.  At least two years have passed since the final order of
18termination of parental rights was entered.
   19e.  The child is at least twelve years of age at the time
20the petition is filed. However, upon the child’s motion for
21good cause shown, or on the court’s own motion, the court may
22hear a petition filed on behalf of a child younger than twelve
23years of age.
   242.  a.  If a child meets the criteria of an eligible
25child under subsection 1, the child’s guardian ad litem,
26the department, or an agency or person to whom guardianship
27and custody of the child has been transferred under section
28232.117, shall notify the child of the child’s right to
29petition the court for the reinstatement.
   30b.  If the former parent whose rights were previously
31terminated contacts the child’s guardian ad litem, the
32department, or the agency or other person to whom guardianship
33and custody of the child has been transferred under section
34232.117, and the child is eligible pursuant to subsection 1,
35the guardian ad litem, department, agency, or other person
-1-1shall notify the eligible child of the child’s right to
2petition the court for the reinstatement.
   33.  If a child seeking to petition for reinstatement of
4parental rights under this section does not have a guardian
5ad litem or attorney, the court shall appoint a guardian ad
6litem and counsel for the child at no cost to the child. If a
7guardian ad litem has previously been appointed for the child
8in a proceeding under this chapter, the same person may serve
9both as the child’s counsel and as guardian ad litem. However,
10the court may appoint a separate guardian ad litem if the same
11person cannot properly represent the legal interests of the
12child as legal counsel and also represent the best interest of
13the child as guardian ad litem.
   144.  The petition must be signed by the child unless good
15cause is shown as to why the child is unable to do so. The
16former parent for whom reinstatement of parental rights is
17sought must consent in writing to the petition.
   185.  If, after a threshold hearing to consider the parent’s
19apparent fitness and interest in the reinstatement of parental
20rights, the court finds by a preponderance of the evidence
21that the best interest of the child may be served by the
22reinstatement of parental rights, the court shall order that a
23hearing on the merits of the petition be held.
   246.  Before a hearing is held on the merits of the petition,
25notice shall be provided to the child’s guardian ad litem, the
26department, the agency or other person to whom guardianship
27and custody of the child has been transferred under section
28232.117, the child’s attorney, the child, the child’s former
29parent whose parental rights are the subject of the petition,
30any parent whose rights have not been terminated, the child’s
31current foster parent, the child’s relative caregiver, and the
32child’s tribe, if applicable. Notice shall be provided in the
33same manner as in section 232.37.
   347.  The court shall conditionally grant the petition if the
35court finds by clear and convincing evidence that the child has
-2-1not been adopted, has not achieved the goals of the child’s
2case permanency plan, and is not imminently likely to achieve
3such goals, and that reinstatement of parental rights is in the
4child’s best interest. In determining whether reinstatement is
5in the child’s best interest the court shall consider, but is
6not limited to considering, all of the following:
   7a.  Whether the former parent whose rights are to be
8reinstated is a fit parent and has remedied the parent’s
9deficits as provided in the record of the prior termination
10proceedings and prior termination order.
   11b.  Whether the former parent whose rights are to be
12reinstated understands the legal obligations, rights, and
13consequences of the reinstatement of parental rights and is
14willing and able to accept such obligations, rights, and
15consequences.
   16c.  The age and maturity of the child, and the ability of the
17child to express the child’s preference.
   18d.  Whether the reinstatement of parental rights will present
19a risk to the child’s health, welfare, or safety.
   20e.  Other material changes in circumstances, if any, that may
21have occurred which warrant the granting of the petition.
   228.  In determining whether the child has or has not achieved
23the goals of the child’s case permanency plan or whether the
24child is imminently likely to achieve the goals of the child’s
25case permanency plan, the department, or the agency or other
26person to whom guardianship and custody of the child has been
27transferred under section 232.117, shall provide the court, and
28the court shall review, information related to any efforts to
29achieve the goals of the case permanency plan including efforts
30to achieve adoption or a permanent placement.
   319.  a.  If the court conditionally grants the petition under
32subsection 7, the case shall be continued for six months and a
33temporary order of reinstatement entered. During this period,
34the child shall be placed in the custody of the former parent.
35The department or agency shall develop a case permanency plan
-3-1for the child reflecting reunification and shall provide
2transition services to the family, as appropriate.
   3b.  If the child must be removed from the former parent due
4to allegations of abuse or neglect prior to the expiration
5of the conditional six-month period, the court shall dismiss
6the petition for reinstatement of parental rights if the court
7finds the allegations have been proven by a preponderance of
8the evidence.
   910.  At the end of the six-month period, the court shall hold
10a hearing and order one of the following:
   11a.  If the placement with the former parent has been
12successful, the court shall enter a final order of
13reinstatement of parental rights, which shall restore all
14rights, powers, privileges, immunities, duties, and obligations
15of the parent as to the child, including those relating
16to custody, control, and support of the child. The court
17shall vacate the dispositional order in the child in need
18of assistance proceeding and direct the clerk’s office to
19provide a certified copy of the final order of reinstatement of
20parental rights to the parent at no cost.
   21b.  If the placement with the former parent has not been
22successful, the court shall dismiss the petition and the
23child’s case permanency plan shall remain in effect.
   2411.  A proceeding to reinstate parental rights is a separate
25action from the termination of parental rights proceeding
26and does not vacate or otherwise affect the validity of the
27original termination of parental rights order. An order
28granted under this section reinstates the former parent’s
29rights to the child. The reinstatement is a recognition that
30the situation of the parent and child has changed since the
31time of the termination of parental rights and reunification
32is now appropriate.
   3312.  A parent whose rights are reinstated under this
34section shall not be liable for any child support owed to the
35department or costs of other services provided to a child for
-4-1the time period from the date of termination of parental rights
2to the date parental rights are reinstated.
   313.  This section shall apply to any eligible child who is
4under the jurisdiction of the juvenile court at the time of the
5hearing regardless of the date parental rights were terminated.
   614.  The state, the department, or an agency or other person
7or an employee of such entities is not liable for civil damages
8resulting from any act or omission in the provision of services
9under this section unless the act or omission constitutes gross
10negligence. This section does not create any duty and shall
11not be construed to create a duty where none exists. This
12section does not create a cause of action against the state,
13the department, an agency, another person, or the employees of
14such entities concerning the original termination.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
   18This bill provides for the reinstatement of parental rights
19following the granting of a termination of parental rights
20order, under certain circumstances. The bill provides that
21a child, the child’s guardian ad litem (GAL), the department
22of human services (DHS), or an agency or person to whom
23guardianship and custody of the child has been transferred
24following termination of the parental rights of a parent, may
25petition the juvenile court (court) to reinstate the previously
26terminated parental rights of the child’s former parent
27if certain circumstances exist, making the child eligible
28to petition the court. The circumstances that must exist
29are: the child was previously found to be a child in need
30of assistance; the child’s former parent’s parental rights
31were terminated in a proceeding under the juvenile justice
32chapter (Code chapter 232); the child has not been adopted
33and the child has not achieved the goals of the child’s case
34permanency plan; two years have passed since the final order
35of termination of parental rights was entered; and the child
-5-1is at least 12 years of age at the time the petition is filed.
2However, upon the child’s motion for good cause shown, or on
3the court’s own motion, the court may hear a petition filed by
4a child younger than 12 years of age.
   5If a child meets the criteria of an eligible child, the
6child’s GAL, DHS, or an agency or person to whom guardianship
7and custody of the child has been transferred, is required to
8notify the child of the child’s right to petition the court for
9the reinstatement. Additionally, if the former parent whose
10rights have been previously terminated contacts the child’s
11GAL, DHS, or the agency or other person, and the child meets
12the criteria of an eligible child, the GAL, DHS, or the agency
13or other person is required to notify the eligible child of the
14child’s right to petition the court for the reinstatement.
   15The bill provides for the appointment of a GAL and attorney
16for the child if the child does not already have a GAL and
17attorney, at no cost to the child.
   18The petition must be signed by the child, unless good cause
19is shown as to why the child is unable to do so. The former
20parent for whom reinstatement of parental rights is sought must
21consent in writing to the petition.
   22After a threshold hearing to consider the former parent’s
23apparent fitness and interest in reinstatement of parental
24rights, if the court finds by a preponderance of the evidence
25that the best interest of the child may be served by the
26reinstatement of parental rights, the court shall order that
27a hearing on the merits of the petition be held. The bill
28provides for notice to certain parties prior to the hearing
29on the merits of the petition. Following the hearing on the
30merits of the petition, the court shall conditionally grant the
31petition if the court finds by clear and convincing evidence
32that the child has not been adopted, has not achieved the goals
33of the child’s case permanency plan, and is not imminently
34likely to achieve such goals, and that the reinstatement
35of parental rights is in the child’s best interest. The
-6-1bill specifies considerations for the court in determining
2whether reinstatement is in the child’s best interest and in
3determining whether the child has or has not achieved the goals
4of the child’s case permanency plan or is imminently likely
5to achieve such goals. If the court conditionally grants the
6petition, the case is continued for six months and a temporary
7order of reinstatement is entered. During the six-month
8period, the child is placed in the custody of the former parent
9and DHS or an agency shall develop a case permanency plan for
10the child reflecting reunification and provide transition
11services to the family, as appropriate. If, during the
12six-month period, the child must be removed from the former
13parent due to allegations of abuse or neglect, the court shall
14dismiss the petition for reinstatement of parental rights if
15the allegations are proven by a preponderance of the evidence.
   16At the end of the six-month period, the court is required
17to hold a hearing and make certain determinations and
18dispositions. If the placement with the former parent has
19been successful, the court shall enter a final order of
20reinstatement of parental rights, which shall restore all
21rights, powers, privileges, immunities, duties, and obligations
22of the parent as to the child, including those relating to
23custody, control, and support of the child. Additionally, the
24court shall vacate the dispositional order in the child in
25need of assistance proceeding and direct the clerk’s office to
26provide a certified copy of the final order of reinstatement
27of parental rights to the parent at no cost. If the placement
28with the former parent has not been successful, the court shall
29dismiss the petition and the child’s case permanency plan shall
30remain in effect.
   31The bill provides that a proceeding to reinstate parental
32rights is a separate action from the termination of parental
33rights proceeding and does not vacate or otherwise affect the
34validity of the original termination of parental rights order.
35A reinstatement order reinstates the former parent’s parental
-7-1rights to the child. The reinstatement is a recognition that
2the situation of the parent and child has changed since the
3time of the termination of parental rights and reunification is
4now appropriate. A parent whose rights are reinstated is not
5liable for any child support owed to the department or costs of
6other services provided to a child during the time period from
7the date of termination of parental rights to the date parental
8rights are reinstated. The bill applies to any eligible child
9who is under the jurisdiction of the juvenile court at the time
10of the hearing regardless of the date parental rights were
11terminated. The bill provides that the state, the department,
12an agency, or other person or an employee of such entities
13is not liable for civil damages resulting from any act or
14omission in the provision of services under the bill, unless
15the act or omission constitutes gross negligence. The bill
16does not create any duty and shall not be construed to create a
17duty where none exists, and does not create a cause of action
18against the state, the department, an agency, another person,
19or the employees of such entities concerning the original
20termination.
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