2023 House Bill 4019

AI Analysis – Experimental

The bill would amend the Probate Code of 1939, adding section 21a to chapter XIIA, facilitating the reinstatement of parental rights under certain conditions. This bill specifies that parental rights can be reinstated if the child's permanency goal has shifted away from adoption or guardianship, three years have elapsed since the termination of parental rights, and the child is 14 years of age or is the younger sibling of a child for whom reinstatement is sought. The department, the MCI, or the child's lawyer-guardian ad litem can file petitions for reinstatement. The court is tasked with ordering investigations to confirm that reinstatement serves the child's best interest and may authorize parenting time during the process. The procedure includes a hearing, notification of relevant parties, background checks, and evaluations of the parent's fitness, the child's preference, and potential risks to the child. If deemed in the child's best interest, the court can order a trial period of up to 180 days before fully reinstating parental rights, during which the child is conditionally placed with the parent, but the MCI retains legal custody to ensure the child's welfare. Transition services are provided to the family as appropriate. The court reviews the trial reinstatement periodically and may terminate it if permanent reinstatement is not in the child's best interest. Following a successful trial period, the court may permanently reinstate parental rights, restoring all rights, powers, privileges, immunities, duties, and obligations related to the child.