1. (a) Overview.

   1. (1) Given that behavior change and the work of change is a part of the child welfare system’s daily challenge, the Division of Children and Family Services recognizes that there may be parents who previously had their parental rights terminated, but at a later point in time significantly alter the life circumstances that contributed to the removal of their children and the subsequent termination.
   2. (2) These parents may qualify for resumption of services as described in the policy below.
   3. (3) Based on the outcome of the resumption of services, the court may then consider reinstatement of parental rights.
   4. (4) Resumption of services and a subsequent reinstatement of parental rights may provide additional permanency options for children in foster care, particularly for youth who have been in the foster care system for an extended period of time without finding a permanent family.

2. (b) Initial eligibility.

   1. (1)

      1. (A) The Department of Human Services, the division, or an attorney ad litem may file a motion to resume services for a parent whose parental rights were previously terminated.
      2. (B) Resumption of services may be considered if the child:

3. (i) Is currently in the custody of the department;

   1. (ii) Is not in an adoptive placement, preadoptive placement, or under another permanent placement and there is some evidence that the child is not likely to achieve permanency within a reasonable period of time as viewed from the child’s perspective; or

      1. (iii) Was previously adopted, appointed a permanent guardian, or placed in the permanent custody of another individual and the adoption, guardianship, or custodial placement was disrupted or otherwise dissolved.

   2. (2)

      1. (A) In addition, at least three (3) years must have passed between the date the order terminating parental rights was entered and the date a motion to resume services on behalf of that parent is filed.
      2. (B) The three-year waiting period may be waived by the court if it is in the best interest of the child.

      3. (C) It must also be determined that the parent in no way interfered with the child’s ability to achieve permanency prior to the consideration of resumption of services.

         1. (c) Assessment.

   3. (1)

      1. (A) If all of the criteria above are met, the agency must then assess whether the parent and child are appropriate candidates for resumption of services before the division requests to file a motion to resume services.

      2. (B) This will be determined, at a minimum, through:

         1. (i) An initial walk-through of the parent’s home to identify any safety factors or risk concerns;
         2. (ii) Discussions with the parent, child, parties to the case, and relevant stakeholders (e.g., child’s therapist, child’s teacher, etc.); and
         3. (iii) The completion of a home study.
   4. (2) The home study will include background checks to identify current issues and differentiate between current maltreatment and criminal issues versus issues occurring prior to the termination of parental rights.

   5. (3)

      1. (A) Through the assessment above, it must be determined that the parent is appropriate at the time of filing the motion for resumption of services.
      2. (B) The division Area Director approval must be obtained prior to moving forward with a petition for resumption of services.

   6. (4) When determining whether to grant or deny a motion to resume services, the court will consider:

      1. (A) Efforts made by the division to achieve adoption or other permanent placement for the child, including any barriers preventing permanency from being achieved;
      2. (B) Current status of the parent, including the extent to which the parent has remedied any conditions that led to the termination of parental rights (TPR);
      3. (C) Willingness of the parent to participate in services offered; and

      4. (D) The child’s wishes regarding resumption of contact, visitation, or placement with the parent.

         1. (d) Resumption of services.

   7. (1)

      1. (A) If an order granting a motion for resumption of services is entered, a staffing will be held within thirty (30) days.
      2. (B) An updated Child and Adolescent Needs and Strengths (CANS) assessment and corresponding case plan will also be developed within thirty (30) days.
      3. (C) Extensive services or supports should not be required to establish parental fitness.
      4. (D) Rather, services and supports offered through a case plan for resumption of services will be designed to help facilitate the re-establishment of the parent-child bond.
      5. (E) Examples may include regular visitation and family counseling.
      6. (F) Such services and supports will be put in place through the case plan in an effort to work toward a reinstatement of parental rights, if appropriate, and, ultimately, a stable and permanent reunification.
   8. (2) If multiple counties have been involved over the life of a case that is deemed appropriate for resumption of services, the applicable division Area Directors will collaborate to determine which county will serve as primary regarding the development, execution, and oversight of the case plan.

   9. (3)

      1. (A) A parent will not be named as a party to a motion filed for resumption of services, but the parent will have the right to be heard at a hearing on the motion.
      2. (B) The court may order the parent to pay for some or all of the costs associated with the court-ordered family services.

4. (e) Reinstatement of parental rights.

   1. (1)

      1. (A) Based on the outcome of the resumption of services, the court may then consider reinstatement of parental rights, as appropriate.
      2. (B) Services to the family must continue for at least one hundred eighty (180) days before the department or an attorney ad litem may file a petition to reinstate parental rights.
      3. (C) A petition to reinstate parental rights will be filed in the circuit court that had jurisdiction over the petition to terminate parental rights.

      4. (D) Parental rights may be reinstated if the court finds by clear and convincing evidence that:

         1. (i) Reinstatement of parental rights is in the best interest of the child; and
         2. (ii) There has been a material change in circumstance for the parent since TPR.
   2. (2) If parental rights are reinstated, the case will remain open until the child has resided with the parent for at least six (6) months.

   3. (3)

      1. (A) An order reinstating parental rights restores all rights, powers, privileges, immunities, duties, and obligations of the parent as to the child, including custody, control, and support of the child.
      2. (B) However, an order reinstating parental rights does not vacate or affect the validity of a previous order terminating parental rights.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "01/2020"