Bill Text: IA HF333 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act providing for the reinstatement of parental rights of a former parent under certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-18 - Introduced, referred to Judiciary. H.J. 352. [HF333 Detail]
Download: Iowa-2015-HF333-Introduced.html
House File 333 - Introduced HOUSE FILE BY THEDE A BILL FOR 1 An Act providing for the reinstatement of parental rights of a 2 former parent under certain circumstances. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2179YH (3) 86 pf/nh PAG LIN 1 1 Section 1. NEW SECTION. 232.121 Reinstatement of parental 1 2 rights. 1 3 1. A child, the child's guardian ad litem, the department, 1 4 or an agency or person to whom guardianship and custody of the 1 5 child has been transferred following termination of parental 1 6 rights of a parent under section 232.117, may petition the 1 7 juvenile court to reinstate the parental rights of the child's 1 8 former parent if all of the following circumstances exist, 1 9 making the child an eligible child for purposes of this 1 10 section: 1 11 a. The child was previously found to be a child in need of 1 12 assistance under this chapter. 1 13 b. The child's former parent's parental rights were 1 14 terminated in a proceeding under this chapter. 1 15 c. The child has not been adopted and the child has not 1 16 achieved the goals of the child's case permanency plan. 1 17 d. At least two years have passed since the final order of 1 18 termination of parental rights was entered. 1 19 e. The child is at least twelve years old at the time the 1 20 petition is filed. However, upon the child's motion for good 1 21 cause shown, or on the court's own motion, the court may hear a 1 22 petition filed on behalf of a child younger than twelve years 1 23 old. 1 24 2. a. If a child meets the criteria of an eligible 1 25 child under subsection 1, the child's guardian ad litem, 1 26 the department, or an agency or person to whom guardianship 1 27 and custody of the child has been transferred under section 1 28 232.117, shall notify the child of the child's right to 1 29 petition the court for the reinstatement. 1 30 b. If the former parent whose rights were previously 1 31 terminated contacts the child's guardian ad litem, the 1 32 department, or the agency or other person to whom guardianship 1 33 and custody of the child has been transferred under section 1 34 232.117, and the child is eligible pursuant to subsection 1, 1 35 the guardian ad litem, department, agency, or other person 2 1 shall notify the eligible child of the child's right to 2 2 petition the court for the reinstatement. 2 3 3. If a child seeking to petition for reinstatement of 2 4 parental rights under this section does not have a guardian 2 5 ad litem or attorney, the court shall appoint a guardian ad 2 6 litem and counsel for the child at no cost to the child. If a 2 7 guardian ad litem has previously been appointed for the child 2 8 in a proceeding under this chapter, the same person may serve 2 9 both as the child's counsel and as guardian ad litem. However, 2 10 the court may appoint a separate guardian ad litem if the same 2 11 person cannot properly represent the legal interests of the 2 12 child as legal counsel and also represent the best interest of 2 13 the child as guardian ad litem. 2 14 4. The petition must be signed by the child unless good 2 15 cause is shown as to why the child is unable to do so. The 2 16 former parent for whom reinstatement of parental rights is 2 17 sought must consent in writing to the petition. 2 18 5. If, after a threshold hearing to consider the parent's 2 19 apparent fitness and interest in the reinstatement of parental 2 20 rights, the court finds by a preponderance of the evidence 2 21 that the best interest of the child may be served by the 2 22 reinstatement of parental rights, the court shall order that a 2 23 hearing on the merits of the petition be held. 2 24 6. Before a hearing is held on the merits of the petition, 2 25 notice shall be provided to the child's guardian ad litem, the 2 26 department, the agency or other person to whom guardianship 2 27 and custody of the child has been transferred under section 2 28 232.117, the child's attorney, the child, the child's former 2 29 parent whose parental rights are the subject of the petition, 2 30 any parent whose rights have not been terminated, the child's 2 31 current foster parent, the child's relative caregiver, and the 2 32 child's tribe, if applicable. Notice shall be provided in the 2 33 same manner as in section 232.37. 2 34 7. The court shall conditionally grant the petition if the 2 35 court finds by clear and convincing evidence that the child has 3 1 not been adopted, has not achieved the goals of the child's 3 2 case permanency plan, and is not imminently likely to achieve 3 3 such goals, and that reinstatement of parental rights is in the 3 4 child's best interest. In determining whether reinstatement is 3 5 in the child's best interest the court shall consider, but is 3 6 not limited to considering, all of the following: 3 7 a. Whether the former parent whose rights are to be 3 8 reinstated is a fit parent and has remedied the parent's 3 9 deficits as provided in the record of the prior termination 3 10 proceedings and prior termination order. 3 11 b. Whether the former parent whose rights are to be 3 12 reinstated understands the legal obligations, rights, and 3 13 consequences of the reinstatement of parental rights and is 3 14 willing and able to accept such obligations, rights, and 3 15 consequences. 3 16 c. The age and maturity of the child, and the ability of the 3 17 child to express the child's preference. 3 18 d. Whether the reinstatement of parental rights will present 3 19 a risk to the child's health, welfare, or safety. 3 20 e. Other material changes in circumstances, if any, that may 3 21 have occurred which warrant the granting of the petition. 3 22 8. In determining whether the child has or has not achieved 3 23 the goals of the child's case permanency plan or whether the 3 24 child is imminently likely to achieve the goals of the child's 3 25 case permanency plan, the department, or the agency or other 3 26 person to whom guardianship and custody of the child has been 3 27 transferred under section 232.117, shall provide the court, and 3 28 the court shall review, information related to any efforts to 3 29 achieve the goals of the case permanency plan including efforts 3 30 to achieve adoption or a permanent placement. 3 31 9. a. If the court conditionally grants the petition under 3 32 subsection 7, the case shall be continued for six months and a 3 33 temporary order of reinstatement entered. During this period, 3 34 the child shall be placed in the custody of the former parent. 3 35 The department or agency shall develop a case permanency plan 4 1 for the child reflecting reunification and shall provide 4 2 transition services to the family, as appropriate. 4 3 b. If the child must be removed from the former parent due 4 4 to allegations of abuse or neglect prior to the expiration 4 5 of the conditional six=month period, the court shall dismiss 4 6 the petition for reinstatement of parental rights if the court 4 7 finds the allegations have been proven by a preponderance of 4 8 the evidence. 4 9 10. At the end of the six=month period, the court shall hold 4 10 a hearing and order one of the following: 4 11 a. If the placement with the former parent has been 4 12 successful, the court shall enter a final order of 4 13 reinstatement of parental rights, which shall restore all 4 14 rights, powers, privileges, immunities, duties, and obligations 4 15 of the parent as to the child, including those relating 4 16 to custody, control, and support of the child. The court 4 17 shall vacate the dispositional order in the child in need 4 18 of assistance proceeding and direct the clerk's office to 4 19 provide a certified copy of the final order of reinstatement of 4 20 parental rights to the parent at no cost. 4 21 b. If the placement with the former parent has not been 4 22 successful, the court shall dismiss the petition and the 4 23 child's case permanency plan shall remain in effect. 4 24 11. A proceeding to reinstate parental rights is a separate 4 25 action from the termination of parental rights proceeding 4 26 and does not vacate or otherwise affect the validity of the 4 27 original termination of parental rights order. An order 4 28 granted under this section reinstates the former parent's 4 29 rights to the child. The reinstatement is a recognition that 4 30 the situation of the parent and child has changed since the 4 31 time of the termination of parental rights and reunification 4 32 is now appropriate. 4 33 12. A parent whose rights are reinstated under this 4 34 section shall not be liable for any child support owed to the 4 35 department or costs of other services provided to a child for 5 1 the time period from the date of termination of parental rights 5 2 to the date parental rights are reinstated. 5 3 13. This section shall apply to any eligible child who is 5 4 under the jurisdiction of the juvenile court at the time of the 5 5 hearing regardless of the date parental rights were terminated. 5 6 14. The state, the department, or an agency or other person 5 7 or an employee of such entities is not liable for civil damages 5 8 resulting from any act or omission in the provision of services 5 9 under this section unless the act or omission constitutes gross 5 10 negligence. This section does not create any duty and shall 5 11 not be construed to create a duty where none exists. This 5 12 section does not create a cause of action against the state, 5 13 the department, an agency, another person, or the employees of 5 14 such entities concerning the original termination. 5 15 EXPLANATION 5 16 The inclusion of this explanation does not constitute agreement with 5 17 the explanation's substance by the members of the general assembly. 5 18 This bill provides for the reinstatement of parental rights 5 19 following the granting of a termination of parental rights 5 20 order, under certain circumstances. The bill provides that 5 21 a child, the child's guardian ad litem (GAL), the department 5 22 of human services (DHS), or an agency or person to whom 5 23 guardianship and custody of the child has been transferred 5 24 following termination of the parental rights of a parent, may 5 25 petition the juvenile court (court) to reinstate the previously 5 26 terminated parental rights of the child's former parent 5 27 if certain circumstances exist, making the child eligible 5 28 to petition the court. The circumstances that must exist 5 29 are: the child was previously found to be a child in need 5 30 of assistance; the child's former parent's parental rights 5 31 were terminated in a proceeding under the juvenile justice 5 32 chapter (Code chapter 232); the child has not been adopted 5 33 and the child has not achieved the goals of the child's case 5 34 permanency plan; two years have passed since the final order of 5 35 termination of parental rights was entered; and the child is at 6 1 least 12 years old at the time the petition is filed. However, 6 2 upon the child's motion for good cause shown, or on the court's 6 3 own motion, the court may hear a petition filed by a child 6 4 younger than 12 years of age. 6 5 If a child meets the criteria of an eligible child, the 6 6 child's GAL, DHS, or an agency or person to whom guardianship 6 7 and custody of the child has been transferred, is required to 6 8 notify the child of the child's right to petition the court for 6 9 the reinstatement. Additionally, if the former parent whose 6 10 rights have been previously terminated contacts the child's 6 11 GAL, DHS, or the agency or other person, and the child meets 6 12 the criteria of an eligible child, the GAL, DHS, or the agency 6 13 or other person is required to notify the eligible child of the 6 14 child's right to petition the court for the reinstatement. 6 15 The bill provides for the appointment of a GAL and attorney 6 16 for the child if the child does not already have a GAL and 6 17 attorney, at no cost to the child. 6 18 The petition must be signed by the child, unless good cause 6 19 is shown as to why the child is unable to do so. The former 6 20 parent for whom reinstatement of parental rights is sought must 6 21 consent in writing to the petition. 6 22 After a threshold hearing to consider the former parent's 6 23 apparent fitness and interest in reinstatement of parental 6 24 rights, if the court finds by a preponderance of the evidence 6 25 that the best interest of the child may be served by the 6 26 reinstatement of parental rights, the court shall order that 6 27 a hearing on the merits of the petition be held. The bill 6 28 provides for notice to certain parties prior to the hearing 6 29 on the merits of the petition. Following the hearing on the 6 30 merits of the petition, the court shall conditionally grant the 6 31 petition if the court finds by clear and convincing evidence 6 32 that the child has not been adopted, has not achieved the goals 6 33 of the child's case permanency plan, and is not imminently 6 34 likely to achieve such goals, and that the reinstatement 6 35 of parental rights is in the child's best interest. The 7 1 bill specifies considerations for the court in determining 7 2 whether reinstatement is in the child's best interest and in 7 3 determining whether the child has or has not achieved the goals 7 4 of the child's case permanency plan or is imminently likely 7 5 to achieve such goals. If the court conditionally grants the 7 6 petition, the case is continued for six months and a temporary 7 7 order of reinstatement is entered. During the six=month 7 8 period, the child is placed in the custody of the former parent 7 9 and DHS or an agency shall develop a case permanency plan for 7 10 the child reflecting reunification and provide transition 7 11 services to the family, as appropriate. If, during the 7 12 six=month period, the child must be removed from the former 7 13 parent due to allegations of abuse or neglect, the court shall 7 14 dismiss the petition for reinstatement of parental rights if 7 15 the allegations are proven by a preponderance of the evidence. 7 16 At the end of the six=month period, the court is required 7 17 to hold a hearing and make certain determinations and 7 18 dispositions. If the placement with the former parent has 7 19 been successful, the court shall enter a final order of 7 20 reinstatement of parental rights, which shall restore all 7 21 rights, powers, privileges, immunities, duties, and obligations 7 22 of the parent as to the child, including those relating to 7 23 custody, control, and support of the child. Additionally, the 7 24 court shall vacate the dispositional order in the child in 7 25 need of assistance proceeding and direct the clerk's office to 7 26 provide a certified copy of the final order of reinstatement 7 27 of parental rights to the parent at no cost. If the placement 7 28 with the former parent has not been successful, the court shall 7 29 dismiss the petition and the child's case permanency plan shall 7 30 remain in effect. 7 31 The bill provides that a proceeding to reinstate parental 7 32 rights is a separate action from the termination of parental 7 33 rights proceeding and does not vacate or otherwise affect the 7 34 validity of the original termination of parental rights order. 7 35 A reinstatement order reinstates the former parent's parental 8 1 rights to the child. The reinstatement is a recognition that 8 2 the situation of the parent and child has changed since the 8 3 time of the termination of parental rights and reunification is 8 4 now appropriate. A parent whose rights are reinstated is not 8 5 liable for any child support owed to the department or costs of 8 6 other services provided to a child during the time period from 8 7 the date of termination of parental rights to the date parental 8 8 rights are reinstated. The bill applies to any eligible child 8 9 who is under the jurisdiction of the juvenile court at the time 8 10 of the hearing regardless of the date parental rights were 8 11 terminated. The bill provides that the state, the department, 8 12 an agency, or other person or an employee of such entities 8 13 is not liable for civil damages resulting from any act or 8 14 omission in the provision of services under the bill, unless 8 15 the act or omission constitutes gross negligence. The bill 8 16 does not create any duty and shall not be construed to create a 8 17 duty where none exists, and does not create a cause of action 8 18 against the state, the department, an agency, another person, 8 19 or the employees of such entities concerning the original 8 20 termination. LSB 2179YH (3) 86 pf/nh
