Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Reinstatement of Parental Reinstatement of Parental RightsRights

Policy Effective 2/1/2012Policy Effective 2/1/2012

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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PhilosophyPhilosophy

Reinstatement of parental rights provides an Reinstatement of parental rights provides an opportunity under specified circumstances opportunity under specified circumstances to recognize change and provide a legal to recognize change and provide a legal remedy in which the rights of a youth’s remedy in which the rights of a youth’s parents have been terminated but where parents have been terminated but where the youth has not been adopted or placed the youth has not been adopted or placed in permanency guardianship. in permanency guardianship.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Legal BaseLegal Base

Title 22, §4059, Reinstatement of Parental Title 22, §4059, Reinstatement of Parental Rights was enacted in 2011 and became Rights was enacted in 2011 and became effective September 28, 2011.effective September 28, 2011.

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

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Original TerminationOriginal Termination

The process of reinstatement does not The process of reinstatement does not invalidate the original termination of invalidate the original termination of parental rights but recognizes the capacity parental rights but recognizes the capacity for change over time. for change over time.

The original TPR stands as the correct The original TPR stands as the correct action at the time it was granted.action at the time it was granted.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Who to Consider?Who to Consider?

Youth in care over 12 months after a Youth in care over 12 months after a termination of parental rights shall have as termination of parental rights shall have as part of their permanency review, part of their permanency review, exploration of the suitability of return to exploration of the suitability of return to birth parents if there is no viable birth parents if there is no viable permanency plan in place. permanency plan in place.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Not EligibleNot Eligible

Reinstatement of Parental Rights is Reinstatement of Parental Rights is

notnot an option for a child that has been an option for a child that has been adopted, placed in Permanency adopted, placed in Permanency Guardianship or under Probate Guardianship or under Probate Guardianship by another Guardianship by another person/relative. person/relative.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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AgeAge

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

There is no age limit!There is no age limit!

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Who May File a PetitionWho May File a Petition

The Department is the The Department is the only entity that may only entity that may petition the District petition the District Court to reinstate Court to reinstate parental rights.parental rights.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Conditions RequiredConditions Required

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

2.) The parent consents to the reinstatement of 2.) The parent consents to the reinstatement of parental rights; parental rights;

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

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

best interest of the child.best interest of the child.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Process and ApprovalProcess and Approval

The Department caseworker shall prepare The Department caseworker shall prepare the Petition for Reinstatement of Parental the Petition for Reinstatement of Parental Rights that includes all of the statements Rights that includes all of the statements as required in the policy and statute for as required in the policy and statute for supervisor approval. supervisor approval.

The supervisor shall obtain the Program The supervisor shall obtain the Program Administrator approval in order to file the Administrator approval in order to file the petition.petition.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Permanency PlanPermanency Plan

The sworn petition must be accompanied by the The sworn petition must be accompanied by the permanency plan that provides for the health permanency plan that provides for the health and safety of the child, outlines the transition and safety of the child, outlines the transition services to the family and outlines the conditions services to the family and outlines the conditions and supervision required by the department for and supervision required by the department for placing the child in the home on a trial basis. placing the child in the home on a trial basis.

The trial home placement must meet The trial home placement must meet the statutory requirement for the child to the statutory requirement for the child to live in live in the home for 3 months after the petition for the home for 3 months after the petition for reinstatement has been filed.reinstatement has been filed.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Case Management ConferenceCase Management Conference

The court shall set a time and date for a case management The court shall set a time and date for a case management conference. conference.

The Department permanency plan details:The Department permanency plan details: The reasons for the consideration of the request for The reasons for the consideration of the request for

reinstatement; reinstatement; The identified change in circumstances of the parents The identified change in circumstances of the parents

since the original TPR;since the original TPR; Reasons for the original TPR; Reasons for the original TPR; Parent’s and child’s willingness to resume contact and Parent’s and child’s willingness to resume contact and

have rights reinstated; and have rights reinstated; and Parent’s willingness and ability to be involved in child’s Parent’s willingness and ability to be involved in child’s

life and accept custody. life and accept custody.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Guardian ad litem (GAL)Guardian ad litem (GAL)

The court shall appoint a guardian ad litem The court shall appoint a guardian ad litem for the child if there is not a GAL in place, for the child if there is not a GAL in place, such as may be the case for a youth on such as may be the case for a youth on a Voluntary/Extended Care Agreement a Voluntary/Extended Care Agreement

(V-9). (V-9).

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Service Service

The petition and the notice of the case The petition and the notice of the case management conference must be served management conference must be served on the parent whose rights were on the parent whose rights were terminated and is named on the petition terminated and is named on the petition for reinstatement and the guardian ad for reinstatement and the guardian ad litem for the child at least ten (10) days litem for the child at least ten (10) days prior to the scheduled case management prior to the scheduled case management conference date. conference date.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Supervision and Case Supervision and Case Management ServicesManagement Services

The Department shall provide supervision The Department shall provide supervision for the child, meeting weekly for the first for the child, meeting weekly for the first two weeks and monthly thereafter to two weeks and monthly thereafter to ensure safety and well-being. Supervision ensure safety and well-being. Supervision is provided throughout the statutory is provided throughout the statutory requirement that the child must live in the requirement that the child must live in the home for 3 months after the petition for home for 3 months after the petition for reinstatement has been filed and before reinstatement has been filed and before an order is granted. an order is granted.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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TransitionTransition

A transition plan formulated through a A transition plan formulated through a Family Team Meeting should include: Family Team Meeting should include:

A financial plan to ensure the needs of all A financial plan to ensure the needs of all family members will be met andfamily members will be met and

supports are identified from the natural supports are identified from the natural family network and the community.family network and the community.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Other ParentOther Parent

The reinstatement of one parent's rights The reinstatement of one parent's rights does not affect the rights of the other does not affect the rights of the other parent. If both parents are continuing to parent. If both parents are continuing to live together and jointly parent the child it live together and jointly parent the child it is necessary to determine that both is necessary to determine that both parents are able to keep the child safe and parents are able to keep the child safe and meet the child’s needs. In this meet the child’s needs. In this circumstance it is the expectation that the circumstance it is the expectation that the parental rights of both parents will be parental rights of both parents will be reinstated. reinstated.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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SiblingsSiblings

Attention should be paid to sibling Attention should be paid to sibling relationships. If there are siblings already relationships. If there are siblings already in the birth home how that integration in the birth home how that integration occurs should be planned out. How occurs should be planned out. How connections will continue with half or step connections will continue with half or step siblings that may not be returning to the siblings that may not be returning to the birth family must be addressed. birth family must be addressed.

Maine DHHS, Office of Child and Family Maine DHHS, Office of Child and Family ServicesServices

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Thank YouThank You