Bill Summary – FastDemocracy

Senate File 515 - Introduced
                                  SENATE FILE 515
                                  BY COMMITTEE ON JUDICIARY
                                  (SUCCESSOR TO SF 111)
                            A BILL FOR
An Act providing for the reinstatement of parental rights of a
  former parent under certain circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. NEW SECTION. 232.121 Reinstatement of parental
 rights.
    1. A child, the child’s guardian ad litem, the department,
 or an agency or person to whom guardianship and custody of the
 child has been transferred following termination of parental
 rights of a parent under section 232.117, may petition the
 juvenile court to reinstate the parental rights of the child’s
 former parent if all of the following circumstances exist,
 making the child an eligible child for purposes of this
 section:
    a. The child was previously found to be a child in need of
 assistance under this chapter.
    b. The child has not achieved the goals of the child’s case
 permanency plan, and is not likely to do so.
    c. The child does not have a permanent placement or a
 planned permanent placement, is not subject to a permanent
 guardianship, is not in an adoptive placement, is not likely
 to be adopted within a reasonable period of time, and other
 permanency options have been exhausted.
    d. The child’s former parent’s parental rights were
 terminated in a proceeding under this chapter, but the
 termination of the parent-child relationship was not based on a
 finding of sexual abuse, a near child fatality, a suspicious
 child fatality, or an incident of egregious abuse or neglect
 against a child as evidenced by the aggravated circumstances
 specified pursuant to section 232.102, subsection 12,
 paragraphs “d” through “g”.
    e. Two years have passed since the final order of
 termination of parental rights was entered.
    f. The child is at least twelve years of age when the
 petition is filed, or is younger than twelve years of age when
 the petition is filed but is part of a sibling group including
 a child for whom reinstatement is being sought and that child
 meets the other conditions for reinstatement.
    2. a. If a child meets the criteria of an eligible
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 child under subsection 1, the child’s guardian ad litem,
 the department, or an agency or person to whom guardianship
 and custody of the child has been transferred under section
 232.117, shall notify the child of the child’s right to
 petition the court for the reinstatement.
    b. If the former parent whose rights were previously
 terminated contacts the child’s guardian ad litem, the
 department, or the agency or other person to whom guardianship
 and custody of the child has been transferred under section
 232.117, and the child is eligible pursuant to subsection 1,
 the guardian ad litem, department, agency, or other person
 shall notify the eligible child of the child’s right to
 petition the court for the reinstatement.
    3. If a child seeking to petition for reinstatement of
 parental rights under this section does not have a guardian
 ad litem or attorney, the court shall appoint a guardian ad
 litem and counsel for the child at no cost to the child. If a
 guardian ad litem has previously been appointed for the child
 in a proceeding under this chapter, the same person may serve
 both as the child’s counsel and as guardian ad litem. However,
 the court may appoint a separate guardian ad litem if the same
 person cannot properly represent the legal interests of the
 child as legal counsel and also represent the best interest of
 the child as guardian ad litem.
    4. The petition must be signed by the child unless good
 cause is shown as to why the child is unable to do so. The
 former parent for whom reinstatement of parental rights is
 sought must consent in writing to the petition.
    5. The court shall hold a threshold hearing to consider
 the former parent’s apparent interest in the reinstatement of
 parental rights. At a minimum, the threshold hearing shall
 determine all of the following:
    a. Whether the former parent has remedied the former
 parent’s deficits as provided in the record of the prior
 termination proceedings and prior termination order.
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    b. Whether the former parent has participated in an
 assessment based on evidence-based criteria that supports the
 reinstatement of the parent-child relationship as being in the
 best interest of the child.
    6. If, after a threshold hearing to consider the former
 parent’s apparent fitness and interest in the reinstatement
 of parental rights, the court finds by a preponderance of the
 evidence that the best interest of the child may be served by
 the reinstatement of parental rights, the court shall order
 that a hearing on the merits of the petition be held.
    7. Before a hearing is held on the merits of the petition,
 notice shall be provided to the child’s guardian ad litem, the
 department, the agency or other person to whom guardianship
 and custody of the child has been transferred under section
 232.117, the child’s attorney, the child, the child’s former
 parent whose parental rights are the subject of the petition,
 any parent whose rights have not been terminated, the child’s
 current foster parent, the child’s relative caregiver, and the
 child’s tribe, if applicable. Notice shall be provided in the
 same manner as in section 232.37.
    8. The court shall conditionally grant the petition if the
 court finds by clear and convincing evidence that the child has
 not been adopted, has not achieved the goals of the child’s
 case permanency plan, and is not imminently likely to achieve
 such goals, and that reinstatement of parental rights is in the
 child’s best interest. In determining whether reinstatement is
 in the child’s best interest the court shall consider, but is
 not limited to considering, all of the following:
    a. Whether the former parent whose rights are to be
 reinstated is a fit parent and has remedied the former parent’s
 deficits as provided in the record of the prior termination
 proceedings and prior termination order.
    b. Whether the former parent whose rights are to be
 reinstated understands the legal obligations, rights, and
 consequences of the reinstatement of parental rights and is
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 willing and able to accept such obligations, rights, and
 consequences.
    c. The age and maturity of the child, and the ability of the
 child to express the child’s preference.
    d. Whether the reinstatement of parental rights will present
 a risk to the child’s health, welfare, or safety.
    e. Other material changes in circumstances, if any, that may
 have occurred which warrant the granting of the petition.
    9. In determining whether the child has or has not achieved
 the goals of the child’s case permanency plan or whether the
 child is imminently likely to achieve the goals of the child’s
 case permanency plan, the department, or the agency or other
 person to whom guardianship and custody of the child has been
 transferred under section 232.117, shall provide the court, and
 the court shall review, information related to any efforts to
 achieve the goals of the case permanency plan including efforts
 to achieve adoption or a permanent placement.
    10. a. If the court conditionally grants the petition under
 subsection 8, the case shall be continued for six months and a
 temporary order of reinstatement entered. During this period,
 the child shall be placed in the custody of the former parent.
 The department or agency shall develop a case permanency plan
 for the child reflecting reunification and shall provide
 transition services to the family, as appropriate.
    b. If the child must be removed from the former parent due
 to allegations of abuse or neglect prior to the expiration
 of the conditional six-month period, the court shall dismiss
 the petition for reinstatement of parental rights if the court
 finds the allegations have been proven by a preponderance of
 the evidence.
    11. At the end of the six-month period, the court shall hold
 a hearing and order one of the following:
    a. If the placement with the former parent has been
 successful, the court shall enter a final order of
 reinstatement of parental rights which shall restore all
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 rights, powers, privileges, immunities, duties, and obligations
 of the parent as to the child, including those relating
 to custody, control, and support of the child. The court
 shall vacate the dispositional order in the child in need
 of assistance proceeding and direct the clerk’s office to
 provide a certified copy of the final order of reinstatement of
 parental rights to the parent at no cost.
    b. If the placement with the former parent has not been
 successful, the court shall dismiss the petition and the
 child’s case permanency plan shall remain in effect.
    12. A proceeding to reinstate parental rights is a separate
 action from the termination of parental rights proceeding
 and does not vacate or otherwise affect the validity of the
 original termination of parental rights order. An order
 granted under this section reinstates the former parent’s
 rights to the child. The reinstatement is a recognition that
 the situation of the parent and child has changed since the
 time of the termination of parental rights and reunification
 is now appropriate.
    13. A parent whose rights are reinstated under this
 section shall not be liable for any child support owed to the
 department or costs of other services provided to a child for
 the time period from the date of termination of parental rights
 to the date parental rights are reinstated.
    14. This section shall apply to any eligible child who is
 under the jurisdiction of the juvenile court at the time of the
 hearing regardless of the date parental rights were terminated.
    15. The state, the department, or an agency or other person
 or an employee of such entities is not liable for civil damages
 resulting from any act or omission in the provision of services
 under this section unless the act or omission constitutes gross
 negligence. This section does not create any duty and shall
 not be construed to create a duty where none exists. This
 section does not create a cause of action against the state,
 the department, an agency, another person, or the employees of
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such entities concerning the original termination.
                         EXPLANATION
         The inclusion of this explanation does not constitute agreement with
         the explanation’s substance by the members of the general assembly.
    This bill provides for the reinstatement of parental rights
 following the granting of a termination of parental rights
 order under certain circumstances. The bill provides that a
 child, the child’s guardian ad litem (GAL), the department
 of human services (DHS), or an agency or person to whom
 guardianship and custody of the child has been transferred
 following termination of the parental rights of a parent, may
 petition the juvenile court (court) to reinstate the previously
 terminated parental rights of the child’s former parent
 if certain circumstances exist, making the child eligible
 to petition the court. The circumstances that must exist
 are: the child was previously found to be a child in need of
 assistance; the child has not achieved the goals of the child’s
 case permanency plan, and is not likely to do so; the child
 does not have a permanent placement or a planned permanent
 placement, is not subject to a permanent guardianship, is not
 in an adoptive placement, is not likely to be adopted within a
 reasonable period of time, and other permanency options have
 been exhausted; the child’s former parent’s parental rights
 were terminated, but the termination was not based on a finding
 of sexual abuse, a near child fatality, a suspicious child
 fatality, or an incident of egregious abuse or neglect evidence
 by specified aggravated circumstances; two years have passed
 since the final order of termination of parental rights was
 entered; and the child is at least 12 years of age when the
 petition is filed, or is younger than 12 years of age when the
 petition is filed but is part of a sibling group.
    If a child meets the criteria of an eligible child, the
 child’s GAL, DHS, or an agency or person to whom guardianship
 and custody of the child has been transferred, is required to
 notify the child of the child’s right to petition the court for
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 the reinstatement. Additionally, if the former parent whose
 rights have been previously terminated contacts the child’s
 GAL, DHS, or the agency or other person, and the child meets
 the criteria of an eligible child, the GAL, DHS, or the agency
 or other person is required to notify the eligible child of the
 child’s right to petition the court for the reinstatement.
    The bill provides for the appointment of a GAL and attorney
 for the child if the child does not already have a GAL and
 attorney, at no cost to the child.
    The petition must be signed by the child, unless good cause
 is shown as to why the child is unable to do so. The former
 parent for whom reinstatement of parental rights is sought must
 consent in writing to the petition.
    The court shall hold a threshold hearing to consider the
 former parent’s apparent fitness and interest in reinstatement
 of parental rights. At a minimum, the threshold hearing shall
 determine whether the former parent has remedied the former
 parent’s deficits as provided in the record of the prior
 termination proceedings and prior termination order and whether
 the former parent has participated in an assessment based on
 evidence-based criteria that supports the reinstatement of
 the parent-child relationship as being in the best interest
 of the child. If the court finds by a preponderance of the
 evidence that the best interest of the child may be served by
 the reinstatement of parental rights, the court shall order
 that a hearing on the merits of the petition be held. The bill
 provides for notice to certain parties prior to the hearing
 on the merits of the petition. Following the hearing on the
 merits of the petition, the court shall conditionally grant the
 petition if the court finds by clear and convincing evidence
 that the child has not been adopted, has not achieved the goals
 of the child’s case permanency plan, and is not imminently
 likely to achieve such goals, and that the reinstatement
 of parental rights is in the child’s best interest. The
 bill specifies considerations for the court in determining
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 whether reinstatement is in the child’s best interest and in
 determining whether the child has or has not achieved the goals
 of the child’s case permanency plan or is imminently likely
 to achieve such goals. If the court conditionally grants the
 petition, the case is continued for six months and a temporary
 order of reinstatement is entered. During the six-month
 period, the child is placed in the custody of the former parent
 and DHS or an agency shall develop a case permanency plan for
 the child reflecting reunification and provide transition
 services to the family, as appropriate. If, during the
 six-month period, the child must be removed from the former
 parent due to allegations of abuse or neglect, the court shall
 dismiss the petition for reinstatement of parental rights if
 the allegations are proven by a preponderance of the evidence.
    At the end of the six-month period, the court is required
 to hold a hearing and make certain determinations and
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