Restoration of Parental Rights

  • TPR over 2 years earlier and on abandonment, mental illness, mental retardation or permanent neglect
  • Child 14 or older, still in foster care, does not have a goal of adoption
  • Clear and convincing proof that restoration and return to parent’s custody is in the child’s best interests—presented by the person petitioning for the restoration
  • Child, parent, AFC (Attorney for the Child) and court would have to agree (not clear if both parents would have to agree)
  • AFC or agency with custody or respondent parents could file the petition to restore and everyone else must be served as well as the respondents’ prior attorneys
  • Court can do it over the district’s objection where person filing motion proves clearly and convincingly that the district is withholding its consent without “good cause” (no further definition)
  • Case with PH (Permanency Hearing) court or TPR Judge, same attorneys
  • The original findings of fact remain
  • Could apply to cases where TPR occurred more than 2 years ago as of 11/11/10
  • In PH’s on freed child, court could “recommend” that a petition on be considered
  • Option of “provisionally” granting restoration for 6 months and mandating agency supervision and reports. While provisional, custody options
  • Unclear What other parent’s role would be
    • Notice?
    • Child Support?
    • Visitation?
  • Also unclear what issue would be re: confidentiality for DSS/ACS to contact parent to see if they are interested…

Source: Excerpt from AFFCNY 2011 Conference PowerPoint presentation by Margaret Burt, Esq. .

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