CHILD AND FAMILY SERVICES MANUAL

Effective Date

2/1/2012
Section Subsection Page

Family Reunification
VII

Reinstatement of Parental Rights Philosophy The decision to terminate the legal rights of parents is done with great oversight and consideration of all available facts. The permanency plan for a child with parental rights terminated is adoption or other legal family relationship. In some circumstances that may not occur and concurrently there may be substantial change in circumstances of the parent that demonstrates improvement in the parents capacity and willingness to provide for the health and safety of the child. Reinstatement of parental rights provides an opportunity under specified circumstances to recognize that 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. The Reinstatement process does not vacate or reverse the original termination of parental rights or make any changes to that legal finding. The process allows for findings concerning the child's ability to integrate back into the home of the parent whose rights were terminated; the ability of the parent whose rights were terminated to now successfully meet the child's physical and emotional needs; the extent that the parent whose rights were terminated has remedied the circumstances that resulted in the termination of parental rights; the youths wish to have parental rights reinstated and that reinstatement of parental rights is in the best interest of the child. Children who were never adopted or placed in permanency guardianship should not have to suffer the permanent loss of their legal relationships to parents, siblings and other relatives, including their rights to inherit from family members when the foregoing factors exist, nor should they bear the stigma of being a legal orphan. Legal Base Title 22, 4059, Reinstatement of Parental Rights Procedures 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. If a family has appealed the TPR decision, a reinstatement would not be considered, pending the legal outcome of the appeal. 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.

CHILD AND FAMILY SERVICES MANUAL

Effective Date

2/1/2012
Section Subsection Page

Family Reunification
VII

In any circumstance of searching for family connections, birth family shall be considered. Many youth in care continue to maintain connections with birth family members, meeting a need for family connections. Youth should have the opportunity to discuss openly those family contacts. This process is applicable to a child of any age given all other conditions are met. This process does not invalidate the original termination of parental rights but recognizes the capacity for change over time. Factors for consideration include assessing how parents who may have struggled and failed to keep their child safe have now improved their circumstances, achieved stability and strengthened their parenting abilities. Children who were once young and vulnerable, have grown older and more competent in their own right, and are able to understand, manage and promote safety for themselves, may be safely placed back with parents. Youth Permanency Review Teams should include a discussion on the consideration of reinstatement of parental rights if previously terminated. The Department is the only entity that may petition the District Court to reinstate parental rights. This decision is made, however, in the context of a Family Team Meeting where there is consensus on the plan of reinstatement and all of the following conditions must be met: 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. In determining whether to ask the court to reinstate parental rights, consideration is given to the age and maturity of the child, the child's ability to express a preference, the child's ability to integrate back into the home of the parent whose rights were terminated, the ability of the parent whose rights were terminated to meet the child's physical and emotional needs, the extent that the parent whose rights were terminated has remedied the circumstances that resulted in the termination of parental rights and the likelihood of no future danger to the child. There is no age limitation for the child for

CHILD AND FAMILY SERVICES MANUAL

Effective Date

2/1/2012
Section Subsection Page

Family Reunification
VII

consideration of reinstatement.

The Department caseworker shall prepare the Petition for Reinstatement of Parental Rights for supervisor approval. The supervisor shall obtain the Program Administrator approval in order to file the petition.

1. Contents of Petition for Reinstatement of Parental Rights. The petition must be sworn and must include: A. The name, date and place of birth of the child and the child's current residence; B. The name and residence of the parent whose rights were terminated; C. The name and residence of the guardian ad litem of the child in the related child protection proceeding; D. The names and residences of all persons known to the department as parties to the original proceeding on termination of parental rights; E. A summary of the reasons for the original termination of parental rights; F. A summary statement of the facts that the petitioner believes constitute a substantial change in circumstances of the parent that demonstrate the parent has the capacity and willingness to provide for the health and safety of the child; G. A statement concerning the intent of the parent whose rights were terminated to consent to the reinstatement of parental rights; and H. A statement concerning the childs best interest, the childs understanding of the plan to reinstate parental rights and evidence of the childs consent to the reinstatement (age 12 and older) as well as information about the childs willingness to be reintegrated into the home of the parent whose parental rights are sought to be reinstated. A statement regarding the childs ability to live safely in this environment shall be included. 2. 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

CHILD AND FAMILY SERVICES MANUAL

Effective Date

2/1/2012
Section Subsection Page

Family Reunification
VII

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. 3. Case management conference. On the filing of the petition, the court shall set a time and date for a case management conference. The Department shall prepare information in the permanency plan that 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, parents willingness and ability to be involved in childs life and accept custody. The department has the burden of proving to the court by clear and convincing evidence that reinstatement will meet the safety and well-being needs of the child. The Department may assess the trial home placement and withdraw the petition at any time prior to the final disposition if in the childs best interest. 4. Guardian ad litem (GAL). The court shall appoint a guardian ad litem for the child if there is not a GAL in place. 5. 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. Service must be in accordance with the Maine Rules of Civil Procedure or in any other manner ordered by the court. 6. 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. Services as identified in the permanency plan will be provided to promote a positive transition and adjustment for both the child and parents. A financial plan will be discussed with the family to ensure the needs of all family members will be met once there is an Order of Reinstatement and the Department no longer has financial responsibility. A Family Team Meeting may be helpful to outline all of the post reinstatement supports needed from the natural family network and the community.

CHILD AND FAMILY SERVICES MANUAL

Effective Date

2/1/2012
Section Subsection Page

Family Reunification
VII

7. Voluntary Agreement (V-9) Status and Educational Supports. The Department shall discuss with older youth who are on a V-9 Agreement what services, such as post secondary education funding, may remain in place. If a youth is 18 or older at the time of Reinstatement, they may continue to receive Independent/Transitional living services up to the age of 21. Decisions for eligibility for Youth Transition services for youth 15-17 years old shall be made through the Family Team Meeting process to determine the need for these services and the familys ability to address post secondary education needs of their child. Reinstatement post age 18 is not a process of returning custody to a parent, but legalizing the parental role of the parent. 8. Findings. The court shall enter its findings in a written order that states that from the date of the order of reinstatement of parental rights, the child is the child of the parent whose rights were terminated and must be accorded all the same rights as existed prior to the order terminating parental rights, including inheritance rights. The order must further state that all legal rights, powers, privileges, immunities, duties and obligations to each other as parent and child are reinstated. 9. 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. 10. Siblings. Consideration of sibling connections should continue. Attention should be paid to transition if there are siblings already in the birth home and how connections will continue with half or step siblings that may not be returning to the birth family home.