Running head: ANALYSIS OF H.F.

151 1

Policy Analysis: An Act Providing for the Reinstatement of Parental Rights of a Former Parent

Under Certain Circumstances- H.F. 151 (Iowa House of Representatives)

Emmalee Bolin

Briar Cliff University

ANALYSIS OF H.F. 151 2

Outline

I. Historical Background of Policy: An act providing for the reinstatement of parental rights

of a former parent under certain circumstances.

1. Problems that led to the original creation of the policy

2. Importance of the problems historically

3. Historical background of policy including original date of the establishment of the

policy

II. Description of the problem(s) that necessitated an act providing for the reinstatement of

parental rights of a former parent under certain circumstances.

1. Parameters of the problem

2. Magnitude of the problem

3. Populations affected and causes of the problem

III. Policy Description

1. Expected to work, resources, who is covered, how implementation

IV. Policy Analysis

1. Goals are legal and are working in other states

2. Outcomes for better quality of life for target population

3. Policy if feasible
ANALYSIS OF H.F. 151 3

Historical Background of the Policy

There is a population of youth that will sit in foster care or group home settings until they

turn 18 and are able to leave. These children are entering adulthood with no permanent family

ties since their parents’ rights were previously terminated. Recently, different states have begun

passing legislation to restore or reinstate parental rights. This helps youth by providing otherwise

legal orphans created by the child welfare system and their practices the possibility of being

reunited with their parents (Casey Family Programs, 2018). Nearly half of the states in the U. S.

have passed laws that allow for the reinstatement of parental rights after their rights have been

terminated. Each state has their criteria regarding the age and time from termination to

restoration of full parental rights. A request for reinstatement of parental rights is made when a

child who has failed to achieve permanency in their lives is eligible for reunification with parents

who have shown in a convincing way that the circumstances and problems which led to the child

being removed have been addressed (Reinstatement of Parental Rights After Termination, n.d.).

According to Carter & Widner an unintended negative consequence of the Adoption and

Safe Families Act of 1997 (ASFA) was the creation of legal orphans. The act was intended to

make permanency goals for children in the foster care system swift rather than have children

remain adrift or waiting in limbo for their parents to work matters out. The time limits were

aimed to get children either safely reunified with their parents or up for adoption to provide the

best possible permanency outcomes. For a child to become a legal orphan the parents’ rights

must be terminated with the child welfare system failing to find adoptive placements (Carter &

Widner, 2011). Adoption is a preferred option for children when parental rights have been

terminated. It is permanency with the child and a new family to have a more stability and
ANALYSIS OF H.F. 151 4

security environment. However, implementation of the ASFA and state laws highlighted gaps in

the child welfare system where children who were intended to be protected fell through the

cracks and got left behind. If parents’ circumstances have changed and the children are not in a

permanent place there needs to be a legal option to reinstate their rights for the best interest of

the child.

IA HF151, if passed, allow for the reinstatement of parental rights of former parent/s

under certain circumstances (LegiNation Inc.). The bill was introduced on January 29, 2019 in

the House of Representatives in the state of Iowa (Iowa Legislative Services Agency, 2019).

Sponsors of the bill are Ako Abdul-Samad (D), and Phyllis Thede (D). The bill was referred to

the Human Resource committee that same day. The Iowa Senate has also introduced the same

bill as SF545 (previously known as SF42) (Iowa Legislative Services Agency, 2019). This bill

was introduced and referred to Human Resource committee on February 28, 2019. March 4th the

subcommittee was approved and March 7th it was stated that they reported out of committee. On

March 7th the bill was put on the calendar and on March 18th fiscal note was filed.

Description of the Problem that Necessitated the Policy

The Adoption and Foster Care Analysis and Reporting System (AFCARS) reported the

number of children in foster care for 2017 to be 442,995 (2018). In the same year, the number of

children between the ages of 12 and 17 waiting to be adopted in the U.S. was 123,437. The

number of children waiting to be adopted whom parental rights have been terminated stands at

69,525. The number of children in care longer than two years is 119,542. This shockingly high

number helps us understand the magnitude of the legal orphan problem in the U.S.

FindLaw explains that, “reinstatement laws were drafted in response to older children

who were aging out of foster care and wanted to re-establish family ties.” (para. 4). In the article
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Backward Progress Toward Reinstating Parental Rights, LaShanda Adams explains how

ASFA’s goal is to provide permanency to children legally and in a timely manner (2017).

However, as Adams explains, when a parent’s rights are terminated and legal permanency is not

established by adoption ASFA tends to underplay the effect this non-permanence has on the

children’s lives and outcomes (Adams, p. 508). Children who “age-out” of the system face

challenges such as homelessness, mental and physical health problems, unemployment and

underemployment, educational deficiencies, criminal justice system, as well as reliance on public

assistance (Adams, p. 508).

The termination of parental rights is to “void all legal relationships between the child and

the biological parent” (Adams, 2018). In 2005, California lead the movement of reinstating

parental rights. Reinstatement statues vary by state, yet common provisions include a waiting

period required before petition can be filed, trial home visit duration before reinstatement can

occur, child welfare agency role, in addition to the criteria for a reinstatement order that includes

evidence, and the reason for the previous termination of parental rights. Who can file the

reinstatement also varies by states (Casey Family Programs, 2018).

Description of the Policy

The Bill An act providing for the reinstatement of parental rights of a former parent

under certain circumstances explains the criteria for how this law would work. The child,

guardian ad litem (GAL), or the department or person who has guardianship and custody of the

child, can petition for reinstatement of rights if all of the requirements are met. These

requirements are that the child was previously a child in need of assistance (CINA), parental

rights had been terminated, the child has not been adopted, at least two years have passed since
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termination of parental rights (TPR), and the child is 12 years old when petition is filed (Iowa

Legislative Services, 2019). However, courts may hear younger child’s motions as well (Iowa

Legislative Services, 2019). It is expected that the person who has custody of the child inform

the child of their ability to file the petition if they meet all of the criteria listed above. If the child

wants to file, the petition and they do not have a GAL then the court will appoint one to them at

no cost (Iowa Legislature Services, 2019).

The petition is to be signed by the child unless there is good reason to why they cannot.

The former parent must also agree in writing to the petition. There is a threshold hearing where

the parent’s fitness and interest in reinstating their parental rights will be held. Then there would

be a merit of the petition hearing would be held. Notice will be provided to all people related to

the case. The court may grant conditional petition if it finds clear and convincing evidence about

the permanency goals of the child not being achieved and the reinstatement of rights would be in

the child’s best interest (Iowa Legislative Services, 2019).

The parent will need to prove that they have resolved their deficits that led to the previous

terminations and that they understand the legal obligations of reinstating parental rights and are

willing to take on full parental responsibilities. The child needs to show maturity to express their

preferences as well. If the court conditionally grants the petition the child is returned to the

custody of the former parent and case will be continued for six months for review. Transitional

services will be developed by the department reflecting reunification efforts. If the child is

removed within this time frame the petition will be dismissed. If the trial home visit is successful

than there will be a final order entered to reinstate all rights to the parent. There would be no cost

to the parent upon receiving the final order of reinstatement of parental rights (Iowa Legislative

Services, 2019).
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There is no liability for the parent in terms of child support. The reinstatement does not

negate the termination. It just shows that the parent and child have changed, and reunification is

now appropriate (Iowa Legislative Services, 2019).

Policy Analysis

Dupere writes that, “Foster care has long been criticized for failing to meet the needs of

children, from allowing kids to age out of the system without safety nets in place, to struggling to

adequately support youth and families” (2018, para. 5). The foster system can be unsuccessful

with children because of many factors. Group homes are over used and are not helpful to the

children’s success. Group homes are 7-10 times more expensive than a traditional home setting.

Many foster parents are not able or do not want teenagers in their homes, so they end up in the

group setting. Teens will age out of the system and have little or no support. The best thing for a

teen is to have family ties to help them transition into adult life (Dupere, 2018). Placing more

focus on reunification whether years after the TPR or not getting to the termination point at all is

important because either way a child needs a legal family to help them transition in life.

Schalick explains in her article that adoptions rates are lower for children of color and

older kids (2018). Consider this, the option to reinstate parental rights for biological parents who

are now rehabilitated could give such children a second chance. ASFA was intended to help

children find permanency through reunification or termination followed by adoption.

Unfortunately, parents’ rights are getting terminated without a pre-adoptive family lined up for

them (Schalick, 2018). In addition, more than half of judges surveyed about termination of

parental rights agree that 12 months was not enough time for a chronic substance abusers to

become rehabilitated (Schalick, 2018). Under this bill, children who are parentless and wards of

the child welfare agency would be allowed to seek reinstatement of parental rights after a set
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period of time (Iowa Legislative Services Agency, 2019). This would only be an option in cases

where parents have substantially changed and corrected the problems that led to the termination.

While reinstatement may not be a practical option for all children, for some children it could be

the best and only permanency option available to them (Schalick, 2018).

Research has shown that legal orphans have many disadvantages compared to peers still

connected to their parents. Lack of emotional support, inheritance rights, and health insurance

coverage are just some of the disadvantages of children who age-out of the foster care system

(Schalick, 2018). Even though the adoption rates have gone up there are still more and more

children waiting for their new families. Reinstating parental rights will not affect the adoption

rates because these are children who have no adoption prospects and are sitting in limbo. In

states that already allow reinstatement of parental rights, there is no evidence of negative impact

on adoption (Schalick, 2018).

The regulations which may vary by states that determine how a reinstatement of parental

rights can be filed include provisions regarding who can file, the required time since termination,

and the age of the child (Schalick, 2018). In each state, however, it is the child welfare agency

who will supervise the placement of the child back with their biological parent(s) and who, if the

child is unaware that they can petition for reinstatement, will ensure the child is educated about

the matter by child welfare and the GAL (Schalick, 2018).

There are many children in the child welfare system that are legal orphans. States should

consider policy changes to allow for rehabilitated parents and give them the ability to provide for

their children, especially those kids who have been waiting for permanency for a long time.
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References

Court Improvement Training Academy at the Washington State Administrative Office of the

Courts. (2011). Reinstatement of Parental Rights. Retrieved from

https://www.uwcita.org/benchbook/chapter-23-reinstatement-of-parental-rights/

Adams, L. T. (2018). Backward Progress Toward Reinstating Parental Rights. Retrieved from

https://socialchangenyu.com/review/backward-progress-toward-reinstating-parental-

rights/

Administration for Children & Familes. (2018). AFCARS Report #25. Retrieved from

https://www.acf.hhs.gov/cb/resource/afcars-report-25

Administration for Children & Families. (2018). I lost my parental rights. How can I get my

children back? Retrieved from https://www.acf.hhs.gov/cb/faq/custody4

Adoption Exchange Association. (2019). About the children. Retrieved from

https://www.adoptuskids.org/meet-the-children/children-in-foster-care/about-the-children

Burdick, J., & KVC Healthy Systems, Inc. (2018). Foster Care in America: Realities, Challenges

and Solutions. Retrieved from https://www.kvc.org/blog/foster-care-in-america/

Carter, M., & Widner, K. (2011). Reinstatement of Parental Rights - American Bar of Parental

Rights: ... provided by law to avoid the TPR, and her son has grown and matured and is

better able to protect himself. Retrieved from

https://dokumen.tips/amp/documents/reinstatement-of-parental-rights-american-bar-of-

parental-rights-provided.html

Casey Family Programs. (2019). Parental rights restoration. Retrieved from

https://www.casey.org/how-have-states-implemented-parental-rights-restoration-and-

reinstatement/
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Dupere, K. (2018). 6 problems with the foster care system -- and what you can do to help.

Retrieved from https://mashable.com/article/foster-care-problems/#X6ddAnmm1qqV

FindLaw. (2019). Reinstatement of Parental Rights After Termination. Retrieved from

https://family.findlaw.com/parental-rights-and-liability/reinstatement-of-parental-rights-

after-termination.html

Iowa Legislative Services Agency. (2019). A Bill for An Act providing for the reinstatement of

parental rights of a former parent under certain circumstances. Retrieved from

https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=hf151

Iowa Legislative Services Agency. (2019). Bill history for Senate file 545. Retrieved from

https://www.legis.iowa.gov/legislation/billTracking/billHistory?billName=SF

545&ga=88

LegiNation. (2019). IA - HF151. Retrieved from

https://www.billtrack50.com/BillDetail/1042724

LegiNation. (2019). IA - SF545. Retrieved from

https://www.billtrack50.com/BillDetail/1097943

Schalick, M. L. (2014). Bio Family 2.0: Can the American Child Welfare System Finally Find

Permanency for 'Legal Orphans' with a Statute to Reinstate Parental Rights? Retrieved

from https://repository.law.umich.edu/mjlr/vol47/iss2/5/

Schalick, M. L. (2018). The Sky Is Not Falling: Lessons and Recommendations from Ten Years

of Reinstating Parental Rights. Retrieved from

https://www.americanbar.org/groups/family_law/publications/family-law-

quarterly/volume-51/issue-2/5102-03-schalick/