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Bill Summary · SB 429

SB 429 — Reinstatement of Parental Rights Act

Status: Introduced Feb 18, 2025 — action postponed indefinitely

Purpose / Intent

SB 429 creates a statutory process (the “Reinstatement of Parental Rights Act”) that permits a “former parent” — a person whose parental rights were previously terminated or who relinquished rights — to petition a court to have those parental rights reinstated when circumstances have materially changed and reinstatement is in the child’s best interests. The bill implements a recommendation from the Children’s Code Reform Taskforce to provide a pathway for safe, limited reunification in rare cases (for example, youth aging out of foster care who wish to reunify).

Key provisions

  • Adds a new section to the Children’s Code establishing a judicial petition process to reinstate parental rights.
  • Defines “former parent” as a parent whose rights were legally terminated or who relinquished rights.
  • Who may file: the former parent (through counsel), the child’s attorney, or the child welfare department.
  • Bar on reinstatement: not permitted if the child is adopted or in permanent guardianship unless the adoptive parents/guardians consent.
  • ICWA: if the child is an Indian child, the tribe/Indian custodian must receive notice and consent is required.
  • Court standard to grant petition (as summarized in bill materials): the court must find all of the following before granting reinstatement:
    • Reinstatement is in the child’s best interest;
    • A material change in circumstances demonstrating the former parent can now provide for the child’s safety and stability;
    • At least 12 months have passed since parental rights were terminated;
    • The child has not achieved permanency through adoption or permanent guardianship;
    • The child is not in an adoptive or otherwise potentially permanent placement that is likely to become permanent within six months.
  • Procedures: the bill sets timelines and procedures for return to the parent’s home and for issuance of an order reinstating rights; may permit a name change for the child.
  • Legal consequences: reinstated parents regain full legal parental rights; the statute specifies they are not liable for child support for the period prior to reinstatement. A reinstated parent may apply for a new birth certificate.
  • Child welfare oversight: the Children, Youth and Families Department (CYFD) retains authority to investigate allegations of abuse or neglect involving a child subject to reinstatement proceedings.

Who is affected

  • Former parents (those previously terminated or relinquished) seeking to regain legal parental status.
  • Children in foster care or state custody who may be candidates for reunification.
  • Adoptive parents/guardians (if consent is required to block reinstatement).
  • CYFD, courts, and attorneys (appointment of counsel provisions; child’s attorney and indigent parents may receive appointed counsel where appropriate).

Fiscal and administrative impacts

  • Agencies reporting on the measure (CYFD, Office of Family Representation and Advocacy, Administrative Office of the Courts) estimated minimal or limited fiscal impacts.
  • OFRA estimates 0.5 FTE to handle anticipated petitions at an annual cost of roughly $60,000–$70,000.
  • CYFD estimated minimal fiscal effect; AOC expects minimal administrative costs for statutory updates and potential modest caseload increases.
  • No effective date specified in bill text → default effective date would be 90 days after adjournment (per summary: June 20, 2025, cited as example).

Implementation / Procedural notes

  • The bill establishes a court‑based petition and evidentiary process; it does not automatically restore rights without judicial finding.
  • The enactment includes safeguards (ICWA notice/consent, bars where adoption/permanent guardianship exists without consent).
  • Some stakeholders (CYFD) raised concerns about potentially undermining the finality of termination orders, the use of a lower evidentiary standard (preponderance of evidence versus clear and convincing for termination), and possible impacts on permanency and child safety.

Current status & context

  • Introduced Feb 18, 2025. According to materials provided, the measure’s legislative action is listed as “action postponed indefinitely.”
  • The proposal follows recommendations from the Children’s Code Reform Taskforce and aligns with policies in several other states that permit reinstatement in limited circumstances.

Compiled from official sources — confirm details with the bill’s official record.

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