reinstatement of parental rights presentation -maine dhhs
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8/2/2019 Reinstatement of Parental Rights Presentation -Maine DHHS
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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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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