Senate File 2336 - 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 has not achieved the goals of the child’s case
14permanency plan, and is not likely to do so.
   15c.  The child does not have a permanent placement or a
16planned permanent placement, is not subject to a permanent
17guardianship, is not in an adoptive placement, is not likely
18to be adopted within a reasonable period of time, and other
19permanency options have been exhausted.
   20d.  The child’s former parent’s parental rights were
21terminated in a proceeding under this chapter, but the
22termination of the parent-child relationship was not based on a
23finding of sexual abuse, a near child fatality, a suspicious
24child fatality, or an incident of egregious abuse or neglect
25against a child as evidenced by the aggravated circumstances
26specified pursuant to section 232.102, subsection 12,
27paragraphs “d” through “g”.
   28e.  Two years have passed since the final order of
29termination of parental rights was entered.
   30f.  The child is at least twelve years of age when the
31petition is filed, or is younger than twelve years of age when
32the petition is filed but is part of a sibling group including
33a child for whom reinstatement is being sought and that child
34meets the other conditions for reinstatement.
   352.  a.  If a child meets the criteria of an eligible
-1-1child under subsection 1, the child’s guardian ad litem,
2the department, or an agency or person to whom guardianship
3and custody of the child has been transferred under section
4232.117, shall notify the child of the child’s right to
5petition the court for the reinstatement.
   6b.  If the former parent whose rights were previously
7terminated contacts the child’s guardian ad litem, the
8department, or the agency or other person to whom guardianship
9and custody of the child has been transferred under section
10232.117, and the child is eligible pursuant to subsection 1,
11the guardian ad litem, department, agency, or other person
12shall notify the eligible child of the child’s right to
13petition the court for the reinstatement.
   143.  If a child seeking to petition for reinstatement of
15parental rights under this section does not have a guardian
16ad litem or attorney, the court shall appoint a guardian ad
17litem and counsel for the child at no cost to the child. If a
18guardian ad litem has previously been appointed for the child
19in a proceeding under this chapter, the same person may serve
20both as the child’s counsel and as guardian ad litem. However,
21the court may appoint a separate guardian ad litem if the same
22person cannot properly represent the legal interests of the
23child as legal counsel and also represent the best interest of
24the child as guardian ad litem.
   254.  The petition must be signed by the child unless good
26cause is shown as to why the child is unable to do so. The
27former parent for whom reinstatement of parental rights is
28sought must consent in writing to the petition.
   295.  The court shall hold a threshold hearing to consider
30the former parent’s apparent interest in the reinstatement of
31parental rights. At a minimum, the threshold hearing shall
32determine all of the following:
   33a.  Whether the former parent has remedied the former
34parent’s deficits as provided in the record of the prior
35termination proceedings and prior termination order.
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   1b.  Whether the former parent has participated in an
2assessment based on evidence-based criteria that supports the
3reinstatement of the parent-child relationship as being in the
4best interest of the child.
   56.  If, after a threshold hearing to consider the former
6parent’s apparent fitness and interest in the reinstatement
7of parental rights, the court finds by a preponderance of the
8evidence that the best interest of the child may be served by
9the reinstatement of parental rights, the court shall order
10that a hearing on the merits of the petition be held.
   117.  Before a hearing is held on the merits of the petition,
12notice shall be provided to the child’s guardian ad litem, the
13department, the agency or other person to whom guardianship
14and custody of the child has been transferred under section
15232.117, the child’s attorney, the child, the child’s former
16parent whose parental rights are the subject of the petition,
17any parent whose rights have not been terminated, the child’s
18current foster parent, the child’s relative caregiver, and the
19child’s tribe, if applicable. Notice shall be provided in the
20same manner as in section 232.37.
   218.  The court shall conditionally grant the petition if the
22court finds by clear and convincing evidence that the child has
23not been adopted, has not achieved the goals of the child’s
24case permanency plan, and is not imminently likely to achieve
25such goals, and that reinstatement of parental rights is in the
26child’s best interest. In determining whether reinstatement is
27in the child’s best interest the court shall consider, but is
28not limited to considering, all of the following:
   29a.  Whether the former parent whose rights are to be
30reinstated is a fit parent and has remedied the former parent’s
31deficits as provided in the record of the prior termination
32proceedings and prior termination order.
   33b.  Whether the former parent whose rights are to be
34reinstated understands the legal obligations, rights, and
35consequences of the reinstatement of parental rights and is
-3-1willing and able to accept such obligations, rights, and
2consequences.
   3c.  The age and maturity of the child, and the ability of the
4child to express the child’s preference.
   5d.  Whether the reinstatement of parental rights will present
6a risk to the child’s health, welfare, or safety.
   7e.  Other material changes in circumstances, if any, that may
8have occurred which warrant the granting of the petition.
   99.  In determining whether the child has or has not achieved
10the goals of the child’s case permanency plan or whether the
11child is imminently likely to achieve the goals of the child’s
12case permanency plan, the department, or the agency or other
13person to whom guardianship and custody of the child has been
14transferred under section 232.117, shall provide the court, and
15the court shall review, information related to any efforts to
16achieve the goals of the case permanency plan including efforts
17to achieve adoption or a permanent placement.
   1810.  a.  If the court conditionally grants the petition under
19subsection 7, the case shall be continued for six months and a
20temporary order of reinstatement entered. During this period,
21the child shall be placed in the custody of the former parent.
22The department or agency shall develop a case permanency plan
23for the child reflecting reunification and shall provide
24transition services to the family, as appropriate.
   25b.  If the child must be removed from the former parent due
26to allegations of abuse or neglect prior to the expiration
27of the conditional six-month period, the court shall dismiss
28the petition for reinstatement of parental rights if the court
29finds the allegations have been proven by a preponderance of
30the evidence.
   3111.  At the end of the six-month period, the court shall hold
32a hearing and order one of the following:
   33a.  If the placement with the former parent has been
34successful, the court shall enter a final order of
35reinstatement of parental rights, which shall restore all
-4-1rights, powers, privileges, immunities, duties, and obligations
2of the parent as to the child, including those relating
3to custody, control, and support of the child. The court
4shall vacate the dispositional order in the child in need
5of assistance proceeding and direct the clerk’s office to
6provide a certified copy of the final order of reinstatement of
7parental rights to the parent at no cost.
   8b.  If the placement with the former parent has not been
9successful, the court shall dismiss the petition and the
10child’s case permanency plan shall remain in effect.
   1112.  A proceeding to reinstate parental rights is a separate
12action from the termination of parental rights proceeding
13and does not vacate or otherwise affect the validity of the
14original termination of parental rights order. An order
15granted under this section reinstates the former parent’s
16rights to the child. The reinstatement is a recognition that
17the situation of the parent and child has changed since the
18time of the termination of parental rights and reunification
19is now appropriate.
   2013.  A parent whose rights are reinstated under this
21section shall not be liable for any child support owed to the
22department or costs of other services provided to a child for
23the time period from the date of termination of parental rights
24to the date parental rights are reinstated.
   2514.  This section shall apply to any eligible child who is
26under the jurisdiction of the juvenile court at the time of the
27hearing regardless of the date parental rights were terminated.
   2815.  The state, the department, or an agency or other person
29or an employee of such entities is not liable for civil damages
30resulting from any act or omission in the provision of services
31under this section unless the act or omission constitutes gross
32negligence. This section does not create any duty and shall
33not be construed to create a duty where none exists. This
34section does not create a cause of action against the state,
35the department, an agency, another person, or the employees of
-5-1such entities concerning the original termination.
2EXPLANATION
3The inclusion of this explanation does not constitute agreement with
4the explanation’s substance by the members of the general assembly.
   5This bill provides for the reinstatement of parental rights
6following the granting of a termination of parental rights
7order, under certain circumstances. The bill provides that
8a child, the child’s guardian ad litem (GAL), the department
9of human services (DHS), or an agency or person to whom
10guardianship and custody of the child has been transferred
11following termination of the parental rights of a parent, may
12petition the juvenile court (court) to reinstate the previously
13terminated parental rights of the child’s former parent
14if certain circumstances exist, making the child eligible
15to petition the court. The circumstances that must exist
16are: the child was previously found to be a child in need of
17assistance; the child has not achieved the goals of the child’s
18case permanency plan, and is not likely to do so; the child
19does not have a permanent placement or a planned permanent
20placement, is not subject to a permanent guardianship, is not
21in an adoptive placement, is not likely to be adopted within a
22reasonable period of time, and other permanency options have
23been exhausted; the child’s former parent’s parental rights
24were terminated, but the termination was not based on a finding
25of sexual abuse, a near child fatality, a suspicious child
26fatality, or an incident of egregious abuse or neglect evidence
27by specified aggravated circumstances; two years have passed
28since the final order of termination of parental rights was
29entered; and the child is at least 12 years of age when the
30petition is filed, or is younger than 12 years of age when the
31petition is filed but is part of a sibling group.
   32If a child meets the criteria of an eligible child, the
33child’s GAL, DHS, or an agency or person to whom guardianship
34and custody of the child has been transferred, is required to
35notify the child of the child’s right to petition the court for
-6-1the reinstatement. Additionally, if the former parent whose
2rights have been previously terminated contacts the child’s
3GAL, DHS, or the agency or other person, and the child meets
4the criteria of an eligible child, the GAL, DHS, or the agency
5or other person is required to notify the eligible child of the
6child’s right to petition the court for the reinstatement.
   7The bill provides for the appointment of a GAL and attorney
8for the child if the child does not already have a GAL and
9attorney, at no cost to the child.
   10The petition must be signed by the child, unless good cause
11is shown as to why the child is unable to do so. The former
12parent for whom reinstatement of parental rights is sought must
13consent in writing to the petition.
   14The court shall hold a threshold hearing to consider the
15former parent’s apparent fitness and interest in reinstatement
16of parental rights. At a minimum, the threshold hearing shall
17determine whether the former parent has remedied the former
18parent’s deficits as provided in the record of the prior
19termination proceedings and prior termination order and whether
20the former parent has participated in an assessment based on
21evidence-based criteria that supports the reinstatement of
22the parent-child relationship as being in the best interest
23of the child. If the court finds by a preponderance of the
24evidence that the best interest of the child may be served by
25the reinstatement of parental rights, the court shall order
26that a hearing on the merits of the petition be held. The bill
27provides for notice to certain parties prior to the hearing
28on the merits of the petition. Following the hearing on the
29merits of the petition, the court shall conditionally grant the
30petition if the court finds by clear and convincing evidence
31that the child has not been adopted, has not achieved the goals
32of the child’s case permanency plan, and is not imminently
33likely to achieve such goals, and that the reinstatement
34of parental rights is in the child’s best interest. The
35bill specifies considerations for the court in determining
-7-1whether reinstatement is in the child’s best interest and in
2determining whether the child has or has not achieved the goals
3of the child’s case permanency plan or is imminently likely
4to achieve such goals. If the court conditionally grants the
5petition, the case is continued for six months and a temporary
6order of reinstatement is entered. During the six-month
7period, the child is placed in the custody of the former parent
8and DHS or an agency shall develop a case permanency plan for
9the child reflecting reunification and provide transition
10services to the family, as appropriate. If, during the
11six-month period, the child must be removed from the former
12parent due to allegations of abuse or neglect, the court shall
13dismiss the petition for reinstatement of parental rights if
14the allegations are proven by a preponderance of the evidence.
   15At the end of the six-month period, the court is required
16to hold a hearing and make certain determinations and
17dispositions. If the placement with the former parent has
18been successful, the court shall enter a final order of
19reinstatement of parental rights, which shall restore all
20rights, powers, privileges, immunities, duties, and obligations
21of the parent as to the child, including those relating to
22custody, control, and support of the child. Additionally, the
23court shall vacate the dispositional order in the child in
24need of assistance proceeding and direct the clerk’s office to
25provide a certified copy of the final order of reinstatement
26of parental rights to the parent at no cost. If the placement
27with the former parent has not been successful, the court shall
28dismiss the petition and the child’s case permanency plan shall
29remain in effect.
   30The bill provides that a proceeding to reinstate parental
31rights is a separate action from the termination of parental
32rights proceeding and does not vacate or otherwise affect the
33validity of the original termination of parental rights order.
34A reinstatement order reinstates the former parent’s parental
35rights to the child. The reinstatement is a recognition that
-8-1the situation of the parent and child has changed since the
2time of the termination of parental rights and reunification is
3now appropriate. A parent whose rights are reinstated is not
4liable for any child support owed to the department or costs of
5other services provided to a child during the time period from
6the date of termination of parental rights to the date parental
7rights are reinstated. The bill applies to any eligible child
8who is under the jurisdiction of the juvenile court at the time
9of the hearing regardless of the date parental rights were
10terminated. The bill provides that the state, the department,
11an agency, or other person or an employee of such entities
12is not liable for civil damages resulting from any act or
13omission in the provision of services under the bill, unless
14the act or omission constitutes gross negligence. The bill
15does not create any duty and shall not be construed to create a
16duty where none exists, and does not create a cause of action
17against the state, the department, an agency, another person,
18or the employees of such entities concerning the original
19termination.
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