4355. Youth Petition for Reinstatement of Parental Rights

Original Date:  July 1, 1997 

Revised Date:  July 1, 2023 

Sunset Review Date:  July 31, 2027

Approved by: Frank Ordway, Chief of Staff

Purpose

The purpose of this policy is to provide direction on the eligibility and notification requirements for the reinstatement of parental rights.

Scope

This policy applies to Department of Children, Youth, and Families (DCYF) caseworkers.

Laws

RCW 13.34.215     Petition reinstating terminated parental rights-Notice-Achievement of permanency plan-Effect of granting the petition-Hearing-Child support liability-Retroactive application-Limitation on liability

Policy

Caseworkers must:

  1. Notify dependent youth of their right to petition the court for reinstatement of parental rights if their parent, whose rights have been terminated, contacts DCYF or the Guardian ad Litem (GAL) regarding the reinstatement of parental rights and the following criteria is met, the youth:
    1. Was previously dependent and parental rights were terminated in a proceeding under Chapter 13.34 RCW.
    2. Is age 12 or older, unless the court finds good cause to hear a petition from a youth under age 12.
    3. Has been legally-free for three or more years since their biological parent’s final termination order was entered.
    4. Has not or will not achieve a permanent plan in the next three months, or the permanent plan was achieved, but has not been sustained.
  2. Participate in the:
    1. Threshold hearing to determine if the reinstatement of parental rights petitions will move forward.
    2. Hearing on the merits of the petition, where caseworkers must inform the court on the parents’ efforts to achieve permanency and whether they support the petition for reinstatement.
    3. Final review hearing after six months to determine whether the court will reinstatement parental rights and dismiss the dependency.
  3. Not vacate the original termination of parental rights order when an order to reinstate parental rights is entered.

Procedures

  1. Requesting Reinstatement of Parental Rights
    Caseworkers must complete the following when parents request a reinstatement of parental rights:
    1. Review the request.
    2. Verify, in collaboration with their supervisor, area administrator, and Assistant Attorney General (AAG), that the request meets the criteria in Policy Section 1. If it is determined the request:
      1. Meets the criteria:
        1. Notify the parent, youth, and GAL that their request for reinstatement of parental rights meets the criteria, per RCW 13.34.215.
        2. Discuss the process and requirements for reinstating parental rights with the youth, youth’s attorney if appointed, and GAL.
        3. Document the discussion with and notification to the youth, youth’s attorney if appointed, and GAL in a FamLink case note.
        4. End the reinstatement of parental rights process if the youth does not agree.
        5. Assist youth in obtaining an attorney, if they agree to participate and request to petition the court for their parent’s reinstatement of parental rights, by either:
          1. Contacting the attorney assigned to the youth in the dependency case.
          2. Requesting an attorney at the next review hearing, but if no hearing is scheduled within 30 calendar days, request an early review.
      2. Does not meet the criteria:
        1. Notify the parent, youth, and GAL that their request to reinstate parental rights does not meet the criteria, per RCW 13.34.215.
        2. Document in a FamLink case note the:
          1. Youth’s or parent’s request to reinstate parental rights.
          2. Notification to the youth, parent, and GAL of the denial.
  2. Youth Petition to Reinstate Parental Rights
    Caseworkers must complete the following after youth file petitions to reinstate parental rights:
    1. Contact the parent that the youth named in their petition to verify they want to participate in the reinstatement of parental rights.
    2. When parents:
      1. Agree to participate, complete:
        1. The Safety Assessment/Safety Plan DCYF 15-258 form.
        2. Background checks, per the Background Checks policy on:
          1. The parent whose rights were previously terminated and seeking reinstatement of their parental rights.
          2. All other individuals living in the home and those living on the premises.
      2. Do not agree to participate:
        1. Notify the court at the threshold hearing that the parent does not want their parental rights reinstated.
        2. Document their response in a FamLink case note.
    3. Participate in the threshold court hearing to determine if the court will proceed and schedule a hearing on the merits of the petition to review the petition of reinstatement of parental rights.
  3. Conditional Order for Reinstatement of Parental Rights
    Caseworkers must complete the following when courts schedule hearings on the merits of the petitions to review the petition of reinstatement of parental rights:
    1. An assessment on whether it is in the youth’s best interest to reinstate their parent’s parental rights by considering the following:
      1. Whether reinstatement will present a risk to the health, safety, or well-being of the youth.
      2. Whether the parent whose rights have been terminated has addressed their parental deficiencies and is now fit to parent the youth.
      3. The youth’s age, maturity, and ability to express their preference.
      4. Other changes in circumstances to warrant granting reinstatement of parental rights.
    2. A Court Report DCYF 09-095 form in FamLink, per the Court Report policy, that also includes:
      1. The efforts DCYF has made throughout the life of the case to achieve a permanent plan of adoption or guardianship for the youth.
      2. The assessment and recommendation of DCYF on a conditional return home and whether it is in the youth’s best interest.
    3. Provide the following for the hearing on the merits of the petition:
      1.  Notice of the hearing to:
        1. Youth
        2. The youth’s:
          1. Parent whose parental rights are the subject of the reinstatement petition.
          2. Attorney.
          3. Current caregiver.
          4. Tribe, if applicable.
        3. Any parent whose rights have not been terminated.
      2. The Court Report DCYF 09-095 form to all legal parties.
    4. Participate in the hearing on the merits of the petition to determine whether the conditional order for the reinstatement of parental rights will be entered.
    5. If courts:
      1. Do not conditionally grant the petition to reinstate parental rights, proceed with identifying a permanent home, per the Identifying the Adoptive Families policy.  
      2. Conditionally grant the petition to reinstate parental rights:
        1. Conduct a Family Team Decision Making Meeting (FTDM) prior to returning the youth home.
        2. Begin visitation following the FTDM recommendations and the Family Time and Sibling and Relative Visits policy. 
        3. Supervise placement for six months, per the Trial Return Home policy.
        4. Assess and make referrals to services to the family to stabilize and maintain placement, if needed.
        5. Conduct monthly health and safety visits in the home, per the Health and Safety Visits with Children and Monthly Visits with Caregivers and Parents policy.
        6. Follow the Shared Planning Meeting and The Transition Plan policies, as applicable.
  4. Final Order for Reinstatement of Parental Rights
    Caseworkers must:
    1. Provide the court and legal parties a completed FamLink Court Report DCYF 09-095 form for the final review hearing that reviews the conditional order of reinstatement.
    2. Participate in the final review court hearing to determine whether the final order for the reinstatement of parental rights will be entered.
    3. Complete the following if the court:
      1. Enters the final order of reinstatement of parental rights and dismisses the dependency:
        1. Document the court’s decision to dismiss the dependency within seven calendar days in FamLink.
        2. Follow the How to Merge Legally Free Child back into Family Case document to merge the child or youth back into the parent’s FamLink case and notify the:
          1. Financial and Business Services Division fiduciary.
          2. Title IV-E specialist.
        3. Close all services and the case in FamLink, per the Documentation policy.
      2. Does not grant the final order to reinstate parental rights and orders removal from the parental home:
        1. Follow the Placement Out-of-Home and Conditions for Return Home policy.
        2. Proceed with identifying a permanent home, per the Identifying Adoptive Families policy.

Forms

Court Report DCYF 09-095

Safety Assessment/Safety Plan DCYF 15-258

Resources

Background Checks policy

Court Report Mapping and Guidance (located on the DCYF Child and Family Welfare Services intranet page)

Court Report policy

Documentation policy

Family Team Decision Making Meetings policy

Family Time and Sibling and Relative Visits policy

Health and Safety Visits with Children and Monthly Visits with Caregivers and Parents policy

Identifying Adoptive Families policy

How to Merge Legally Free Child back into Family Case document (located on the DCYF intranet, under Computer Help, DCYF Applications and Software, Application Training, Child Welfare, and Case Merge)

Placement Out-of-Home and Conditions for Return Home policy

Shared Planning Meetings policy

Transition plan policy

Trial Return Home policy

Washington Courts Reinstatement of Parental Rights