§ 22 §4059 — Reinstatement of parental rights

The department may petition the District Court to reinstate the parental rights of a parent whose parental rights have been previously terminated by an order of the District Court.
1.
Contents of petition for reinstatement of parental rights.
The petition for reinstatement of parental rights must be sworn and must include at least the following:
2.
Permanency plan.
The sworn petition must be accompanied by the permanency plan that provides for the health and safety of the child, outlines the transition services to the family and outlines the conditions and supervision required by the department for placing the child in the home on a trial basis.
3.
Scheduling of case management conference.
On the filing of the petition, the court shall set a time and date for a case management conference under subsection 7.
4.
Withdrawal of petition.
The department may withdraw the petition without leave of the court at any time prior to the final hearing.
5.
Guardian ad litem.
The court shall appoint a guardian ad litem for the child.
6.
Service.
The petition and the notice of the case management conference under subsection 7 must be served on the parent whose rights were terminated and the guardian ad litem for the child at least 10 days prior to the scheduled case management conference date. Service must be in accordance with the Maine Rules of Civil Procedure or in any other manner ordered by the court.
7.
Case management conference.
Upon the filing of a petition for reinstatement of parental rights, the court shall hold a case management conference to review the permanency plan filed by the department to provide for transition services to the family. The permanency plan must outline the conditions and supervision required by the department for placing the child in the home on a trial basis.
8.
Reinstatement of parental rights.
Parental rights may be reinstated as follows.

Legislative History

PL 2011, c. 402, §16 (NEW).