Connecticut 2019 Regular Session

Connecticut House Bill HB07189 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 4642 1 of 4
4	4
5	5	General Assembly Raised Bill No. 7189
6	6	January Session, 2019
7	7	LCO No. 4642
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
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17	17
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19	19	AN ACT CONCERNING TH E RESTORATION OF TERMINATED
20	20	PARENTAL RIGHTS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. (NEW) (Effective October 1, 2019) (a) A child for whom 1
25	25	parental rights have been terminated pursuant to section 17a-112 of the 2
26	26	general statutes may file a petition in the superior court for juvenile 3
27	27	matters to restore the parental rights of one or both parents provided: 4
28	28	(1) (A) The child is fourteen years of age or older, or (B) if the child is 5
29	29	the younger sibling of a child fourteen years of age or older, the 6
30	30	younger sibling independently meets the criteria set forth in this 7
31	31	section; (2) the child has not been adopted; (3) not less than three years 8
32	32	have passed since the date of the order terminating parental rights; 9
33	33	and (4) an affidavit is filed indicating that the parent whose rights are 10
34	34	sought to be restored consents to the filing of the petition. 11
35	35	(b) A petition to restore terminated parental rights shall be filed in 12
36	36	the superior court for juvenile matters where the termination of 13
37	37	parental rights was ordered. The court shall hold a preliminary 14
38	38	hearing on the petition not later than twenty days after the date on 15 Raised Bill No. 7189
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40	40
41	41
42	42	LCO No. 4642 2 of 4
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44	44	which the petition is filed. The child shall provide notice of the hearing 16
45	45	date and cause the petition to be served upon (1) the Department of 17
46	46	Children and Families; (2) any agency or individual who has been 18
47	47	appointed as the child's statutory parent; and (3) the respondent parent 19
48	48	or parents in the termination of parental rights proceeding. If the child 20
49	49	is represented by assigned counsel from the Division of Public 21
50	50	Defender Services, costs of the service shall be paid by the Division of 22
51	51	Public Defender Services. 23
52	52	(c) At the preliminary hearing, if the court, by a preponderance of 24
53	53	the evidence, determines that (1) the petition is appropriately filed 25
54	54	pursuant to subsections (a) and (b) of this section, (2) the parent whose 26
55	55	rights are sought to be restored consents to the restoration, and (3) 27
56	56	consideration of reinstatement is in the child's best interest; then the 28
57	57	court shall (A) order the Department of Children and Families to 29
58	58	conduct an investigation to be completed not later than ninety days 30
59	59	after the date of the preliminary hearing, and (B) order a full hearing 31
60	60	on whether the terminated parental rights should be reinstated. The 32
61	61	court shall hold the full hearing not later than thirty days after the date 33
62	62	on which the Department of Children and Families files the results of 34
63	63	its investigation, absent the agreement of the parties or for good cause 35
64	64	shown. The department's investigation shall address the circumstances 36
65	65	of the child, including, but not limited to, (i) the need for ongoing 37
66	66	services from the department; (ii) the child's current placement; and 38
67	67	(iii) the circumstances of the parent, including any need for ongoing 39
68	68	services. The department shall report to the court its assessment of 40
69	69	whether reinstatement is in the best interest of the child and what 41
70	70	services could be provided to support any such reinstatement. The 42
71	71	child shall be represented by counsel and, if the child is twelve years of 43
72	72	age or older, he or she shall have a right to be heard by the court, if the 44
73	73	child so requests. The court may appoint counsel for the parent or 45
74	74	parents if the interests of justice require such appointment. Upon a 46
75	75	finding that a parent is unable to afford counsel, the judicial authority 47
76	76	may appoint an attorney to provide representation from a list of 48
77	77	qualified attorneys provided by the Office of Chief Public Defender. 49 Raised Bill No. 7189
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79	79
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81	81	LCO No. 4642 3 of 4
82	82
83	83	(d) Upon the conclusion of the full hearing, the court shall 50
84	84	conditionally grant the petition if it finds by clear and convincing 51
85	85	evidence that (1) the child has not been adopted and there is no 52
86	86	pending adoption, and (2) reinstatement of parental rights is in the 53
87	87	child's best interest. 54
88	88	(e) In determining whether reinstatement is in the child's best 55
89	89	interest, the court shall consider, but is not limited to: (1) The age and 56
90	90	maturity of the child, and the ability of the child to express his or her 57
91	91	preference; (2) whether the parent whose rights are to be reinstated is 58
92	92	suitable and worthy and has remedied his or her deficits as provided 59
93	93	in the record of the prior termination proceedings and prior 60
94	94	termination order; (3) whether the reinstatement of parental rights will 61
95	95	present a risk to the child's health, welfare, or safety; and (4) if any 62
96	96	other material changes in circumstances exist, that may have occurred 63
97	97	which warrant the granting of the petition. 64
98	98	(f) If the court conditionally grants the petition, the Department of 65
99	99	Children and Families shall continue to be the statutory parent of the 66
100	100	child, but the department may develop a permanency plan for the 67
101	101	child reflecting reunification with the parent consenting to the 68
102	102	reinstatement and shall provide transition services to the family as 69
103	103	appropriate, including, but not limited to, a reunification service. The 70
104	104	case shall be continued for six months to review the family's progress, 71
105	105	absent the agreement of the parties or for good cause shown. The court 72
106	106	may order interim court reviews as deemed appropriate by the court. 73
107	107	(g) Not later than six months after the date of granting the 74
108	108	conditional order, the court shall hold a hearing to determine if the 75
109	109	reinstatement of parental rights shall be made permanent. Following 76
110	110	such hearing, the court may: (1) Dismiss the Department of Children 77
111	111	and Families as the statutory parent and restore all rights, powers, 78
112	112	privileges, immunities, duties, and obligations of the parent as to the 79
113	113	child, including those relating to custody, control and support of the 80
114	114	child; (2) extend the conditional reinstatement for up to an additional 81
115	115	six months, followed by another hearing; or (3) determine that 82 Raised Bill No. 7189
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118	118
119	119	LCO No. 4642 4 of 4
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121	121	reinstatement is no longer in the best interest of the child and dismiss 83
122	122	the petition. 84
123	123	(h) A proceeding to reinstate parental rights is a separate action 85
124	124	from the termination of parental rights proceeding and does not vacate 86
125	125	the original termination of parental rights. An order granted under this 87
126	126	section reinstates the parental rights to the child. The reinstatement of 88
127	127	parental rights is a recognition that the situation of the parent and 89
128	128	child has changed since the time of the termination of parental rights 90
129	129	and the reinstatement of the legal parent-child relationship of the child 91
130	130	with his or her parent or parents is now appropriate. 92
131	131	(i) This section applies to any child who, on or after October 1, 2019, 93
132	132	is under the jurisdiction of the superior court for juvenile matters, 94
133	133	regardless of the date on which a parent's rights were terminated with 95
134	134	respect to such child. 96
135	135	This act shall take effect as follows and shall amend the following
136	136	sections:
137	137
138	138	Section 1 October 1, 2019 New section
139	139
140	140	Statement of Purpose:
141	141	To allow a child over fourteen years of age, who has one or more
142	142	parents whose parental rights have been terminated and who has not
143	143	thereafter been adopted, to petition the superior court for juvenile
144	144	matters for a restoration of previously terminated parental rights.
145	145	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
146	146	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
147	147	not underlined.]
148	148