Office and Division: Office of Children, Youth and Families

Number: OM-CW-2016-0003

Program Area: Permanency

Issue Date: March 1, 2016

Title: Reinstatement of Parental Rights

Office Director: Robert Werthwein

Memo Type: Operation

Division Director: Ann Rosales

Pertinent State/Federal Statute and/or State/Federal Rule: SB 14-62, C.R.S. 19-3-612

Expiry Date: March 2018

Outcome: Another Permanency Option, reinstatement of parental rights.

Effective Date: March 1, 2016

Key Words: Reinstatement, Termination, Assessment, Return Home Intended Recipients: This communication is being sent to all county human or social service directors and other child welfare stakeholders; including courts, attorneys, and Guardians ad Litem. Please forward pertinent information on to staff members as you deem necessary. Purpose: This operation memo is to alert counties of new rules that were adopted by State Board of Human Services on January 8, 2016. The new rules were promulgated as a result of the Senate Bill 14-62 being passed in August of 2014 that allowed for a legal process to reinstate parental rights in limited circumstances. An Agency Letter was released in October of 2014 to remind counties of the passage of the new law. The rule is in effect as of March 1, 2016. Action: Each county human or social service department and judicial district should review Code of Colorado Regulations 7.301.24 R. REINSTATEMENT OF PARENTAL RIGHTS to become acquainted with new language and make any necessary policy and practice changes. Background: The purpose of these new rules are to establish requirements for assessing a former parent, in order to comply with Senate Bill 14-062, reinstatement of the parent-child relationship. These rules set forth a process for counties to explore another permanency option for children/youth whose parent’s right had been terminated in the past. The following are requirements of the rules: Reinstatement of parental rights are for children/youth who do not have a legal parent, are not in an adoptive home, are at least twelve years of age or part of a sibling group where reinstatement is being explored, agree to the reinstatement and it is found to be in their best interest, including their financial best interest. Reinstatement is for former parent(s) who have remedied issues that led to the termination of that legal relationship, have completed an assessment and agreed to the reinstatement. Determination of a child/youth that is eligible for reinstatement:  At least 12 year of age or part of a sibling group where one of the children/youth is pursuing reinstatement  Who are legally free;  Are not in an adoptive home;  Are not likely to be adopted in a reasonable period of time;  Have exhausted all other permanency options;  Where termination happened at least three years prior or there is a determination by the court it can happen sooner; and



Former parent’s termination was not based on sex abuse, egregious abuse or neglect, near fatality or suspicious fatality.

If the youth/child is eligible, and the county believes the parents may be available or interested, or the former parent has reached out to the county to inquire, then an assessment shall occur. The assessment of the parent shall include the following:  Completing the current Colorado family risk assessment;  Conducting a home visit and inspecting the home for the appropriateness of having a child/youth live there and that it is adequate to meet the child/youth’s needs;  Reviewing the termination of parental rights reasons and assessing that those issues no longer exist or no longer present a safety concern;  Conduct background checks of the former parent and any other adults, (18 years of age and older), in the home and share the results with all parties on the case, which includes the court, attorneys and other professionals; o These checks shall include:  Child abuse and/or neglect records check in every state where any adult residing in the home has lived in the five years preceding the filing of the petition for reinstatement;  Fingerprint-based criminal history checks from the Colorado Bureau of Investigation (CBI), or other state background check if the parent or other adults in the home lived in another state, and the Federal Bureau of Investigation (FBI);  Review the State Judicial Department’s case management system and include any findings in the case record; and,  Review the CBI sex offender registry and the national sex offender website.  Complete a safety assessment at the time the child/youth is placed into the former parent’s home. The legal/court process shall be guided by the following:  Consult with your city/county attorney to follow the correct legal process;  Only counties, Guardians Ad Litem or youth (16 years or older) may file a petition for reinstatement;  Parents are not permitted to petition the court for reinstatement, however if they reach out to the county or any other party, the county is required to notify everyone else on the case (attorneys, GAL, court) within thirty (30) calendar days to let them know about the contact;  The petition needs to be filed in the county that has the current dependency and neglect case;  The court will receive the petition and set an initial hearing within 63 days; at that hearing the county shall develop and report to the court the following: o Whether the parents have remedied the issues that lead to the termination; o Based on the risk tool, what transition plan is being developed and what services will be provided to the parent and child/youth to support the reinstatement; o The outcome of the home visit and whether the home is safe and stable; o A plan for visitation and/or temporary placement; and, o Detailed information about the benefits the child/youth will gain or lose if the parental rights are reinstated (i.e. Chafee, Medicaid, ETV).  Reviews and next hearings will be determined by the court and parties;  If the court grants the order to reinstatement, the court can still hold review hearings after that time and not close the case right away;  When the court does grant reinstatement to the parent and ends jurisdiction of the court, the closure reason in the State Automated Case Management System (Trails) should be documented as Reunification via Reinstatement of Parental Rights; and,  If the court denies the petition for reinstatement then the county department shall: o Arrange for the immediate placement o Set a permanency hearing to determine a new goal and plan for the child/youth.

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Documentation in Trails: Documentation that a case may be moving towards reinstatement of parental rights shall be done in the “Court” tab of Trails. The worker shall add in the “Hearing” tab of Trails, a hearing type of “parental rights reinstatement.” This will then prompt the worker to add which parent and which child to “Parental and Child” information tab. Trails will then enable the child to have a permanency goal of “return home via reinstatement of parental rights.” Supersedes: Agency letter, October 2014 CW 14-0003 Contact: Gretchen Russo, RN, JD Judicial and Legislative Administrator Office of Children, Youth and Families [email protected] Korey Elger, MSW On-Going Child Protection Administrator Division of Child Welfare [email protected] Jason Lester Permanency Manager Division of Child Welfare [email protected]

Website: https://sites.google.com/a/state.co.us/cdhs-memo-series/home

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