A SECOND CHANCE FOR CHILDREN AND FAMILIES: A MODEL STATUTE TO REINSTATE PARENTAL RIGHTS AFTER TERMINATION

In: Family court review: publ. in assoc. with: Association of Family and Conciliation Courts, Band 48, Heft 2, S. 362-379

Abstract

There are more than half a million children in foster care in the United States. Some of these children are adopted into loving families, but many are considered hard to adopt and never find a permanent family. Research suggests that the outlook for the teens who exit or age out of foster care without a permanent home or a meaningful adult relationship is bleak. They are more likely to face homelessness, joblessness, drug addiction, early pregnancy, mental health problems, and prison time. With such grim statistics, states should explore every possible permanent family resource for youth in foster care. This Note proposes that, in limited circumstances, it is in the best interest of the child to vacate a final order of termination and reinstate parental rights. It calls for states to adopt a model state statute based on the five state statutes currently in place that already allow for the reinstatement of parental rights.