Reinstatement of Parental Rights

Policy Effective 2/1/2012

Maine DHHS, Office of Child and Family Services

Philosophy
Reinstatement of parental rights provides an opportunity under specified circumstances to recognize change and provide a legal remedy in which the rights of a youths parents have been terminated but where the youth has not been adopted or placed in permanency guardianship.

Maine DHHS, Office of Child and Family Services

Legal Base
Title 22, 4059, Reinstatement of Parental Rights was enacted in 2011 and became effective September 28, 2011. The language in the statute under Title 22 provides specific guidance for the process of reinstatement.

Maine DHHS, Office of Child and Family Services

Original Termination
The process of reinstatement does not invalidate the original termination of parental rights but recognizes the capacity for change over time. The original TPR stands as the correct action at the time it was granted.

Maine DHHS, Office of Child and Family Services

Who to Consider?

Youth in care over 12 months after a termination of parental rights shall have as part of their permanency review, exploration of the suitability of return to birth parents if there is no viable permanency plan in place.

Maine DHHS, Office of Child and Family Services

Not Eligible
Reinstatement of Parental Rights is not an option for a child that has been adopted, placed in Permanency Guardianship or under Probate Guardianship by another person/relative.

Maine DHHS, Office of Child and Family Services

Age

This process is applicable to a child of any age given all other conditions are met. There is no age limit!

Maine DHHS, Office of Child and Family Services

Who May File a Petition

The Department is the only entity that may petition the District Court to reinstate parental rights.
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Conditions Required

1.) The child has been in the custody of the department for at least 12 months after the issuance of the order terminating parental rights; 2.) The parent consents to the reinstatement of parental rights; 3.) The child 12 years of age or older is in agreement with the reinstatement of parental rights; and 4.) Reinstatement of parental rights is in the best interest of the child.
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Process and Approval

The Department caseworker shall prepare the Petition for Reinstatement of Parental Rights that includes all of the statements as required in the policy and statute for supervisor approval. The supervisor shall obtain the Program Administrator approval in order to file the petition.
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Permanency Plan

The sworn petition must be accompanied by the permanency plan that provides for the health and safety of the child, outlines the transition services to the family and outlines the conditions and supervision required by the department for placing the child in the home on a trial basis. The trial home placement must meet the statutory requirement for the child to live in the home for 3 months after the petition for reinstatement has been filed.
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Case Management Conference

The court shall set a time and date for a case management conference. The Department permanency plan details: The reasons for the consideration of the request for reinstatement; The identified change in circumstances of the parents since the original TPR; Reasons for the original TPR; Parents and childs willingness to resume contact and have rights reinstated; and Parents willingness and ability to be involved in childs life and accept custody.
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Guardian ad litem (GAL)

The court shall appoint a guardian ad litem for the child if there is not a GAL in place, such as may be the case for a youth on a Voluntary/Extended Care Agreement (V-9).

Maine DHHS, Office of Child and Family Services

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Service
The petition and the notice of the case management conference must be served on the parent whose rights were terminated and is named on the petition for reinstatement and the guardian ad litem for the child at least ten (10) days prior to the scheduled case management conference date.
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Supervision and Case Management Services

The Department shall provide supervision for the child, meeting weekly for the first two weeks and monthly thereafter to ensure safety and well-being. Supervision is provided throughout the statutory requirement that the child must live in the home for 3 months after the petition for reinstatement has been filed and before an order is granted.
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Transition
A transition plan formulated through a Family Team Meeting should include: A financial plan to ensure the needs of all family members will be met and supports are identified from the natural family network and the community.

Maine DHHS, Office of Child and Family Services

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Other Parent
The reinstatement of one parent's rights does not affect the rights of the other parent. If both parents are continuing to live together and jointly parent the child it is necessary to determine that both parents are able to keep the child safe and meet the childs needs. In this circumstance it is the expectation that the parental rights of both parents will be reinstated.
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Siblings
Attention should be paid to sibling relationships. If there are siblings already in the birth home how that integration occurs should be planned out. How connections will continue with half or step siblings that may not be returning to the birth family must be addressed.

Maine DHHS, Office of Child and Family Services

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Thank You

Maine DHHS, Office of Child and Family Services

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