4355. Youth Petition for Reinstatement of Parental Rights

Applies To: This policy applies to Department of Children, Youth, and Families (DCYF) caseworkers.

Policy Number & Title:  4355. Youth Petition for Reinstatement of Parental Rights

Effective Date:  July 1, 2023

Purpose  

The purpose of this policy is to provide direction on the eligibility and notification requirements for the reinstatement of parental rights.

Authority 

RCW 13.34.215   Petition reinstating terminated parental rights-Notice-Achievement of permanency plan-Effect of granting the petition-Hearing-Child support liability-Retroactive Application-Limitation on liability

Policy 

Caseworkers must:

  1. Notify dependent youth of their right to petition the court for reinstatement of parental rights if their parent, whose rights have been terminated, contacts DCYF or the Guardian ad Litem (GAL) regarding the reinstatement of parental rights and the following criteria is met, the youth:
    1. Was previously dependent and parental rights were terminated in a proceeding under Chapter 13.34 RCW.
    2. Is age 12 or older, unless the court finds good cause to hear a petition from a youth under age 12.
    3. Has been legally-free for three or more years since their biological parent’s final termination order was entered.
    4. Has not or will not achieve a permanent plan in the next three months, or the permanent plan was achieved, but has not been sustained.
  2. Participate in the:
    1. Threshold hearing to determine if the reinstatement of parental rights petitions will move forward.
    2. Hearing on the merits of the petition, where caseworkers must inform the court on the parents’ efforts to achieve permanency and whether they support the petition for reinstatement.
    3. Final review hearing after six months to determine whether the court will reinstatement parental rights and dismiss the dependency.
  3. Not vacate the original termination of parental rights order when an order to reinstate parental rights is entered.

Resources

Youth Petition for Reinstatement of Parental Rights procedures (Located in the DCYF Policies & Rules Office SharePoint) 

Original Date:  July 1, 1997 

Revised Date:  July 1, 2023 

Review Date:  July 31, 2027

Approved by:  Frank Ordway, Chief of Staff