§587A-34 Reinstatement of parental rights. (a) A child who is subject to an active proceeding under this chapter, the child's guardian ad litem, the child's attorney, if any, or the department, may file a motion to reinstate the terminated parental rights of the child's parents in a proceeding under this chapter, where the following circumstances exist:
(b) A motion to reinstate parental rights shall be filed with the court and shall describe the factors supporting a reinstatement of parental rights. The court shall order a preliminary hearing to be held within ninety days and shall give prior notice to:
(c) The motion shall be denied if the parent whose rights are sought to be reinstated cannot be located.
(d) Within seven days before the preliminary hearing on the motion, the department and the child's guardian ad litem shall submit reports to the court that address:
(e) At a preliminary hearing on the motion, the court shall continue the prior award of permanent custody and may order a trial home placement and a temporary reinstatement of parental rights upon finding that:
(f) If the court issues a temporary order of reinstatement of parental rights:
(g) The department has the authority to assess the trial home placement and to rescind the trial home placement according to the child's best interests.
(h) At a final hearing on the motion to reinstate parental rights, the court may issue a final order of reinstatement of parental rights and terminate its jurisdiction if the trial home placement has been successful. In making its final decision, the court shall determine whether the moving party has proven by clear and convincing evidence that:
(i) A proceeding to reinstate parental rights shall be a separate action from the proceeding for the termination of parental rights. The granting of the motion to reinstate parental rights shall not affect the validity of the original termination order. [L 2010, c 135, pt of §1; am L 2011, c 51, §8]