HB 7189 - Restoration of Terminated Parental Rights

• Children age 14 or older (or younger siblings of eligible children) may petition superior court for juvenile matters to restore previously terminated parental rights if at least three years have passed since termination and the child has not been adopted.

• Parent seeking restoration must consent to the petition by affidavit; the court must hold a preliminary hearing within 20 days to determine if the petition meets statutory requirements and if reinstatement is in the child's best interest.

• Upon finding preliminary criteria met, the court orders the Department of Children and Families to investigate within 90 days and conduct a full hearing within 30 days thereafter; the child must be represented by counsel and may be heard if age 12 or older.

• Court may conditionally grant the petition if clear and convincing evidence shows the child has not been adopted and reinstatement is in the best interest, considering the child's age and maturity, parent's suitability and remediation of prior deficits, and any risk to the child's safety.

• Within six months of conditional grant, court determines whether to make reinstatement permanent (restoring all parental rights), extend conditional status up to six additional months, or dismiss the petition; Department of Children and Families provides transition services during conditional period.

• Effective October 1, 2019 and applies to all children under juvenile court jurisdiction on or after that date regardless of when parental rights were originally terminated.