Reinstatement of Parental Rights Presentation -Maine DHHS

8/2/2019 Reinstatement of Parental Rights Presentation -Maine DHHS

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Maine DHHS, Office of Child and FamilyServices 1

Reinstatement of Parental

RightsPolicy Effective 2/1/2012


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Philosophy

Reinstatement of parental rights provides anopportunity under specified circumstancesto recognize change and provide a legalremedy in which the rights of a youths

parents have been terminated but wherethe youth has not been adopted or placed

in permanency guardianship.


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Legal Base

Title 22, 4059, Reinstatement of ParentalRights was enacted in 2011 and becameeffective September 28, 2011.

The language in the statute under Title 22provides specific guidance for the processof reinstatement.


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Who to Consider?

Youth in care over 12 months after atermination of parental rights shall have aspart of their permanency review,

exploration of the suitability of return tobirth parents if there is no viablepermanency plan in place.


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Not Eligible

Reinstatement of Parental Rights is

not an option for a child that has been

adopted, placed in PermanencyGuardianship or under ProbateGuardianship by another

person/relative.


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Age

This process is applicable to a child of anyage given all other conditions are met.

There is no age limit!


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Who May File a Petition

The Department is the

only entity that maypetition the District

Court to reinstateparental rights.


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Conditions Required

1.) The child has been in the custody of thedepartment for at least 12 months after theissuance of the order terminating parental rights;

2.) The parent consents to the reinstatement ofparental rights;

3.) The child 12 years of age or older is inagreement with the reinstatement of parental

rights; and 4.) Reinstatement of parental rights is in the

best interest of the child.


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Process and Approval

The Department caseworker shall preparethe Petition for Reinstatement of ParentalRights that includes all of the statements

as required in the policy and statute forsupervisor approval.

The supervisor shall obtain the ProgramAdministrator approval in order to file thepetition.


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Permanency Plan

The sworn petition must be accompanied by thepermanency plan that provides for the healthand safety of the child, outlines the transition

services to the family and outlines the conditionsand supervision required by the department forplacing the child in the home on a trial basis.

The trial home placement must meet

the statutory requirement for the child to live inthe home for 3 months after the petition forreinstatement has been filed.


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Case Management Conference

The court shall set a time and date for a case managementconference.

The Department permanency plan details:

The reasons for the consideration of the request for

reinstatement; The identified change in circumstances of the parents

since the original TPR;

Reasons for the original TPR;

Parents and childs willingness to resume contact andhave rights reinstated; and

Parents willingness and ability to be involved in childslife and accept custody.


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Guardian ad litem (GAL)

The court shall appoint a guardian ad litemfor the child if there is not a GAL in place,such as may be the case for a youth on

a Voluntary/Extended Care Agreement

(V-9).


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Service

The petition and the notice of the casemanagement conference must be servedon the parent whose rights were

terminated and is named on the petitionfor reinstatement and the guardian adlitem for the child at least ten (10) days

prior to the scheduled case managementconference date.


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Maine DHHS, Office of Child and FamilyServices

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Supervision and CaseManagement Services

The Department shall provide supervisionfor the child, meeting weekly for the firsttwo weeks and monthly thereafter to

ensure safety and well-being. Supervisionis provided throughout the statutoryrequirement that the child must live in the

home for 3 months after the petition forreinstatement has been filed and beforean order is granted.


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Siblings

Attention should be paid to siblingrelationships. If there are siblings alreadyin the birth home how that integration

occurs should be planned out. Howconnections will continue with half or stepsiblings that may not be returning to the

birth family must be addressed.


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Thank You

Reinstatement of Parental Rights Presentation -Maine DHHS

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