The "Reinstatement of Parental Rights Act" is a new piece of legislation enacted to provide a legal framework for the reinstatement of parental rights that have been previously terminated or relinquished. The Act establishes definitions, jurisdiction, and procedures for filing petitions for reinstatement, which can be initiated by a child, a former parent, or the department. Key requirements for a petition include demonstrating that reinstatement is in the best interest of the child, that a material change in circumstances has occurred, and that at least twelve months have passed since the termination of parental rights, with certain exceptions allowing for waivers of this requirement. The Act also outlines the necessary documentation to be submitted with the petition, including consent from the child and the former parent, and a plan for transitioning the child back into the former parent's home.
Additionally, the Act mandates the appointment of legal counsel for indigent former parents and children involved in the reinstatement process, ensuring that their rights are protected throughout the proceedings. It specifies the process for serving notice of the petition, conducting initial and merits hearings, and the criteria under which the court may grant or deny a petition for reinstatement. The Act also clarifies that reinstatement restores all parental rights and responsibilities, while not affecting the validity of the original termination order for non-petitioning parties. Furthermore, it addresses issues related to child support, birth certificates, and the department's ongoing duties regarding child welfare investigations.