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 defines a "former parent" and establishes the jurisdiction and venue for filing petitions related to reinstatement. It allows petitions to be filed by a child, a former parent, or the department, and outlines the necessary contents of the petition, including evidence that reinstatement is in the best interest of the child and that a material change in circumstances has occurred. The Act also mandates the appointment of legal counsel for indigent former parents and children involved in the proceedings.
Additionally, the Act stipulates that if a child is in an adoptive or permanent guardianship situation, the consent of the adoptive parents or guardians is required for reinstatement. It includes provisions for initial hearings, merits hearings, and the criteria under which a court may grant reinstatement. The final order of reinstatement restores all parental rights and responsibilities, while also ensuring that the original termination order remains valid for non-petitioning parties. The Act further clarifies that reinstated parents are not liable for unpaid child support during the period their rights were terminated and allows for the issuance of a new birth certificate reflecting the reinstated parental relationship.