WeVote
Log In

Bill

Bill

SB 429

relative to the placement of trauma kits in public schools and making an appropriation therefor and relative to the parental bill of rights concerning the creation of student media recordings.

2026 Regular Session Introduced by Debra Altschiller and 9 co-sponsors

SB 429 creates a court petition to reinstate a formerly terminated or relinquished parent's rights only if a material change makes reunification in the child's best interests.

Enrolled Adopted, VV, (In recess 06/04/2026); SJ 15
0
WeVote Research Nonpartisan
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.

Sign in to ask a question.