Title 27, Judicial Branch of Government

As used in this chapter: 1. "Child" means an individual under the age of eighteen. 2. "Custodian" means a person, other than a genetic parent or legal guardian, which stands in loco parentis to the child and to which legal custody of the child has been given by the court. 3. "Dep…

The juvenile court has exclusive original jurisdiction over all proceedings for re-establishment of the legal parent and child relationship which are governed by this chapter.

1. Except as otherwise provided in this section, a proceeding under this chapter must be commenced in the county in which the child resides. 2. A proceeding for re-establishment of parental rights and responsibilities must be brought in the court in the county in which the child …

A petition for re-establishment of the legal parent and child relationship may be filed by any interested party from the original termination of parental rights proceeding if: 1. The state's attorney receives a copy of the petition and the responsible custodian and the state's at…

A petitioner for re-establishment of the legal parent and child relationship shall sign the petition under oath and the petition must include: 1. The full name, date of birth, address, and all other legal names and aliases by which the genetic parents have been known at any time;…

A petition for the re-establishment of the legal parent and child relationship may not be brought if the genetic parent whose rights are the subject of the petition for re-establishment previously has had parental rights terminated based on a: 1. Finding of sexual abuse; or 2. Co…

1. A child within the jurisdiction of the court in an action arising under this chapter has the right to be represented by counsel in all proceedings in which a petition has been filed. The court shall appoint counsel to represent the child, regardless of income, unless counsel i…

In a proceeding under this chapter, the court shall appoint a guardian ad litem for a child who is a party to the proceeding upon motion of the court or by motion or agreement of the parties. The guardian ad litem shall serve as an advocate of the child's best interests. A guardi…

1. Upon filing of a petition for the re-establishment of the legal parent and child relationship, the court shall consider the petition without oral argument or evidentiary hearing and shall deny the petition unless the court finds the petitioner has established a prima facie cas…

1. After the petition is filed, the court may order the necessary parties to create a transition plan. The plan must provide for the health and safety of the child and outline the transition services to the genetic parent, as well as the conditions and supervisions required by th…

1. The petitioner has the burden of proof at the hearing. 2. At the hearing, the court may grant the petition ordering the re-establishment of the legal parent and child relationship only if the court finds by clear and convincing evidence that: a. Re-establishment of the legal p…

1. In granting a petition for re-establishment of the legal parent and child relationship, the court shall enter its finding in a written order providing that from the date of the order of re-establishment of parental rights, the child is the child of the genetic parent whose rig…

If the court denies a petition under this chapter after a hearing, the court may issue a written order barring the filing of a subsequent petition by the genetic parent. The court shall provide the length of time the genetic parent is barred from filing a subsequent petition, mak…