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 parent and child relationship is in the child's best interests; b. There is no pending litigation or appeal pertaining to the original termination of parental rights proceeding; c. The genetic parent whose rights are sought to be re-established is not named in any other active juvenile court case; d. The child has not been adopted; e. The child is not the subject of a written adoption placement agreement between the responsible social services agency and the prospective adoptive parent; f. At least twelve months have elapsed following a final order terminating parental rights and the child remains in foster care; g. The genetic parent has corrected the condition that led to the order terminating parental rights; and h. The genetic parent is willing and has the capability to provide day-to-day care and maintain the health, safety, and welfare of the child.

3. In determining whether to grant a petition under this chapter, the court shall consider the child's age, maturity, and ability to express a preference and may consider the child's preference regarding the re-establishment as one factor, along with any other relevant factor.