9-27-370. Reinstatement of parental rights.

9-27-370. Reinstatement of parental rights. (a) The Department of Human Services or an attorney ad litem may file a petition to reinstate the parental rights of a parent whose parental rights have been terminated under this subchapter if the: (1) Court has granted a motion to resume services under § 9-27-369; (2) Services have continued for at least one hundred eighty (180) days following the date on which the court entered the order granting a motion to resume services under § 9-27-369; and (3) Parent for whom reinstatement of parental rights is sought has substantially complied with the orders of the court and with the case plan developed under § 9-27-369. (b) A petition to reinstate parental rights shall be filed in the circuit court that had jurisdiction over the petition to terminate the parental rights of the parent who is the subject of the petition to reinstate parental rights. (c) A petition filed under this section shall be served on the: (1) Attorney ad litem; (2) Department; (3) Parent who is the subject of the petition; (4) Court Appointed Special Advocate Program Director, if applicable; and (5) Child's tribe, if applicable. (d) At least seven (7) business days before a hearing on a petition filed under this section, the department shall provide the parent, parent's counsel, attorney ad litem, court-appointed special advocate, and any other party to the petition with a written report that includes information on: (1) The efforts made by the department to achieve adoption or another permanent placement for the child, including without limitation any barriers to the adoption or permanent placement of the child; (2) The extent to which the parent who is the subject of the petition has complied with the case plan and orders of the court as of the date on which services were ordered to be resumed under § 9-27-369; (3) The impact of the resumed services on the parent and on the health, safety, and well-being of the child; and (4) Any recommendations of the department. (e) Parental rights may be reinstated under this section if the court finds by clear and convincing evidence that: (1) Reinstatement of parental rights is in the best interest of the child; and (2) There has been a material change in circumstances as to the parent who is the subject of the petition since the date on which the order terminating the parental rights of the parent was entered. (f) The court shall consider the following factors when determining whether a reinstatement of parental rights is in the best interest of the child: (1) The likelihood of the child achieving permanency through adoption or another permanent placement; (2) The age, maturity, and preference of the child concerning the reinstatement of parental rights; (3) The parent's fitness and whether the parent has remedied the conditions that existed at the time of the termination of his or her parental rights; and (4) The effect that the reinstatement of parental rights would have on the health, safety, and well-being of the child. (g) A court may deny a petition filed under this section if the court finds by a preponderance of the evidence that the parent engaged in conduct that interfered with the child's ability to achieve permanency. (h) An order reinstating the parental rights of the parent who is the subject of a petition filed under this section restores all rights, powers, privileges, immunities, duties, and obligations of the parent as to the child, including without limitation custody, control, and support of the child. (i) If the child is placed with a parent whose parental rights are reinstated under this section, the court shall not close the case until the child has resided with the parent for no less than six (6) months. (j) A written order shall be filed by the court, a party, or the attorney of a party as designated by the court within thirty (30) days of the date of the hearing on the motion to reinstate parental rights or before the next hearing, whichever is sooner. (k) An order reinstating parental rights under this section does not: (1) Vacate or affect the validity of a previous order terminating the parental rights of the parent who is the subject of the petition; and (2) Restore or impact the rights of a parent who is not the subject of a petition filed under this section. (l) This section is retroactive and applies to a child who is under the jurisdiction of a court at the time of a hearing on a petition to terminate parental rights, regardless of the date on which parental rights were terminated by court order.