Reestablishment of Parental Rights 624-05-15-115-35

(NEW 10/1/2025 ML# 3946)

View Archives

 

 

The decision to terminate the legal rights of a parent is completed with extensive consultation between the Department and the Human Service Zone. Prior to the termination of parental rights taking place, all permanency options should have been ruled out. However, in some circumstances, the permanency of adoption or guardianship has not occurred and is unlikely to occur in the foreseeable future, leaving the child with no achievable and timely permanency goal. In these rare situations, The Reestablishment of Parental Rights provides an opportunity to reinstate the biological parents’ rights in certain circumstances. This can be pursued when there has been substantial change in family conditions, and the family has demonstrated behavioral changes in their ability to provide safely and adequately for the child’s well-being.

 

When to select the goal of Reestablishment of Parental Rights:

  1. The biological parent is willing and has demonstrated an ability to provide and maintain child’s health, safety, and overall well-being.

  2. At least 12 months have passed since the final order of the original Termination of Parental Rights and there is no pending litigation or appeal.

  3. The child has not been adopted and is not the subject of a written adoption plan/placement.

 

When not to select the goal:

  1. The petition for reinstatement of parental rights may not be considered when the biological parent whose rights were terminated had a finding of sexual abuse or convicted of intentional conduct that resulted in substantial bodily injury or death of a child.

 

How to implement this goal:

A petition for the reinstatement of parental rights may be filed by any interested party from the original termination. This may include the child’s case worker and Zone states attorney, the biological parent, or the child.

 

It would be expected for the zone to re-engage the family through the Protective Capacity Family Assessment (PCFA) to assess diminished and enhanced parental capacities and if any impending danger is present/or if it can be controlled with additional supports that were not present at the time of the termination.

 

Once the PCFA is completed, the zone shall continue to work and engage in case planning with the family. If the petition is filed, the court may order the necessary parties to create a transition plan to ensure the health, safety and stability of the child. The human service zone would be responsible for monitoring the trial home placement and would have the ability to remove the child if there are any abuse or neglect concerns. See NDCC 27-20.6 with further guidance regarding the process.