New Bill Allows Children To Petition For Restoration Of Parental Rights
The House Judiciary Committee voted 7-1 Wednesday to send bill HB334 to the House for its consideration. The bill, sponsored by Rep. LaVar Christensen, R-Draper, would allow any age child (with the help of an authorized representative), to petition courts to restore their parents’ parental rights in limited circumstances.
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The existing law is for children 12 years of age and older. That bill was passed in 2013 and has since reunited five children with their parents. Most of these kids are those stuck in the foster care system and their parents have resolved the circumstances that resulted in termination of their parental rights.
While the committee voted to give the bill a favorable recommendation, some lawmakers expressed concern that young children who learn about petitions to restore parental rights would be traumatized if the petitions were denied.
Brett Platt, director of the state Division of Child and Family Services said in cases where parents who, after 2 years, can request the division to petition the courts to restore their rights but are then are ultimately denied, would put caseworkers in a position where they are required to inform young children about petitions filed to restore their parents’ parental rights, but were unsuccessful.
“Teenagers, who are sometimes in contact in some way with their terminated parents during the time they are in foster care are old enough to decide if their parents are sincere or if they are manipulating the system.” He further states that those under the age of 12 would be more emotionally drawn to wanting to be reunited with their parents and that would be devastating to them to hear the courts said denied the request.
If Christensen amends the bill to address these concerns, and it passes, it could have a significant impact on the foster care system and the children who can now return to a safer environment and be reunited with their own families.
