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Reinstatement of Parental Rights After Termination

Created by FindLaw's team of legal writers and editors | Last updated November 13, 2018

Depending on where you live, you may be able to have your parental rights reinstated after they have been terminated by a court. While all states have provisions in the law for the termination of parental rights, most states do not allow for the reinstatement of these rights. But even in states that allow reinstatement, parents must be able to show an extraordinary improvement in their ability to properly care for a child before a court will grant such a request.

This article focuses on the reinstatement of parental rights after termination, including a discussion about the differences in state laws.

Termination and Reinstatement of Parental Rights

When a court orders the termination of parental rights, the legal relationship between a parent and child ceases to exist. It is very rare and only occurs in especially serious cases, such as those involving child abuse or severe child neglect. And even though a parent may petition the court to voluntarily give up his or her parental rights, the main consideration is always the child's best interests.

Laws allowing reinstatement were drafted generally in response to older children who were aging out of foster care and wanted to re-establish family ties.

Since this process is handled in state courts, the laws and procedures vary from one state to the next. At least nine states have laws allowing for reinstatement following termination of parental rights, including California, Illinois, North Carolina, and New York). Usually, reinstatement is available only on the condition that the child has not been permanently placed with a foster home within a given period of time.

In states where this is available, a parent must file a petition with the court that originally terminated his or her parental rights. The court will determine whether the parent is fit to provide a safe and nurturing home for the child.

https://family.findlaw.com/parental-rights-and-liability/reinstatement-of-parental-rights-after-termination.html

The War beneath New York City, Subterranean Children Rescued.

The War beneath New York City, Subterranean Children Rescued.

Jessica's Piece of the story

Oldest Brother Ric and Nadia Rose

Nadia Rose

Nadia Rose

Nadia Rose Little Bro Zane and Mom Jessica

Nadia Rose

Nadia Rose and Brother Jimmie Wayne 

Nadia Rose Fuller went into foster care in January 2020.  Her mother was a single mom doing her best to raise 3 small children with no help from the children’s’ fathers. One day it got to the point where Jessica knew she could not do everything she needed to do for the proper care of her 3 small children.  SO, after a few discussions with a friend of hers, she decided to give temporary guardianship over to her friend Tara who was more than capable of caring for the 2 older of the 3 little children.  The youngest is Zane and he has a different father than the older two, but since he is incarcerated at the time, he is unable to help.  But he has family who tried to help as much as they could.  They agreed to take Zane back in November 2019.  Meanwhile while all the children were well taken care of Jessica proceeded to try and get back on her feet.  She got a job and was working on establishing a residence where she could comfortably raise all three of the younger children.  But before she had time to do that, she received a call from the oldest of the three’s school that Jimmie had been sick.  They had taken Jimmie home without any contact to the temporary guardian and found there was nobody there.  So they took Jimmie back to school and then reached out to Jessica and then to Child Protection Services, where CPS took it upon themselves to open a case up against Jessica even though she had signed a temporary guardianship agreement plan with her friend Tara.

They state removed the kids back in January 2020 and gave Jessica the biological mother a case plan to do sighting she did not provide adequate care and abandoned her children with an unfit care giver.   First, there is no proof Tara, who Jessica gave temporary guardianship to, was inadequate by any means.  The children were   well cared for the only reason she was not home when the school tried to drop of Jimmie was because she was at court that morning.  But, once again the school assumed and acted upon that.  Even though the school was fully aware of the temporary guardianship.  They just made up their mind and made a call that did not need to be made.

Jessica just recently found out 3 days after the fact mind you that Nadia had fallen off the monkey bars and broke her arm. My number one question is who lets a 3-year-old climb the monkey bars without supervision?  Second how does one fall off the monkey bars land on her face and not even bust her lips open?  She dislocates her arm.  This totally makes no sense to me at all.  Then when Jessica brought it to her case workers attention and demanded her daughter be removed from the foster care home she was in; her words went ignored. She also later found out that the day Nadia dislocated her arm she was put under general anesthetic to put the arm back into place.  The very next day Nadia had a dental appointment to put caps on her baby teeth, totally unnecessary procedure but once one again put under general anesthetic. Twice in 48 hours for general anesthetic for a three-year-old is way overboard.  It is not recommended to but small children under anesthetic at all let alone twice so close together.

Again, Jessica was on the phone to the case worker demanding her child get removed immediately it was obvious where Nadia was at, she was in imminent danger from the people who were supposed to protect her.

And then today when there was supposed to be another supervised visit, only her son was there not Nadia. She asked the visitation person where Nadia was, and she was told her daughter was out of town for a funeral and would not return for two weeks.  Wait what?  With Corvid going on what do mean she is at a funeral; they are not really doing the funeral thing right now.  And for a couple weeks who goes to a funeral for a couple weeks?

Jimmie has already been in his proper temporary home for almost a week now, yet his sister is still with the same foster family.  SO, what in the hell gives?  The foster home she should already be at happens to be a close friend of the family.  Who already had her foster care license? And had already completed a home study. Yet CPS made her do another.

It has now been over a week since Jessica has seen or heard from her daughter Nadia.  She has called case workers, ombudsman, and all to no avail.  I know she has an appointment to speak with Ombudsman on the phone tomorrow at 11 am.  I hope they have some good news for her, because I fear what will happen if they do not.

Every day somewhere in the paper there are stories about children getting killed in foster homes, all over the county.  Then there is the sex trafficking that Child Protection Services is beginning to look like a major player in that game if you ask me.  I know they are selling kids to the highest bidder; how else do you explain all the foster kids that just seemed to disappear out of thin air?  There is no other explanation.  And God forbid, something like that happens to Nadia.  So, you see the great concern for her wellbeing, and not knowing to me in immediate danger. Child Protection Services take children away from [parents on less.

I recently read that Arizona alone is missing so many foster care children’s it makes me sick.

Well I got an update on the whole case today.  Jessica had another hearing postponement and she finally was able to talk to Nadia. Only now there is a new allegation, that supposable Nadia said in counseling that someone touched her “Honey”.  In other words, her private area.  Are you kidding me here it cannot be any clearer what is going on here, that foster home is no good, just like we knew from the start?  Something terrible is happening there to Nadia and they continue to drag their feet to get her the hell out of there, and do you know what that tells me? That Child Protection Services know what is going on there and they are a part of it.  Even not stopping it immediately makes you guilty of it even without physically taking part in the abuse.  Just allowing it to happen that is abuse.  Child Protection like to throw around failure to protect in parents face if a child is allegedly hurt and mother knows nothing about it.  Why are they not held accountable for failure to protect?  That was the whole point when Child Protection Services stole the child from the parents to begin with, isn’t it?

I am so beyond angry right now.  And I just want parents to realize this stuff is happening in foster care all over the freaking world. People need to wake up and see what is really going on, right there under their noses.

I want to thank my friend Jessica for granting me permission to tell the world what is happening to her daughter Nadia right now in foster care. I am tired of hearing people bitching about the broken Child Protection Services Corruption.  Enough complaining, it is time to do something about it. How many of our innocent children must suffer and unfortunately die before we say enough is enough?

I will upload with this statement screen caption to show the entire Nadia missing incident. They are screen caption of the text messages between Jessica and her Child Protection services caseworker.

The Family Child Protection Services in Arizona is trying to completely destroy

Zane the youngest of the 4

Ric the oldest and Jimmie Wayne

Ric and younger brother Jimmie Wayne

Ric and Jimmie Wayne

Jimmie Wayne

Ric and his baby sister Nadia Rose

Well there it is, one family of the many that Child Protection Services in Arizona is trying so hard to destroy.  Again a special thank you to them all for the permission to tell a piece of their story and what they have to overcome.  I love each and everyone of them dearly and though we are not blood we are family.  

If anyone has any questions about this or for the family or even for me,just message me and we will answer them the best we can.

Child Protection and Development Child Trafficking

• End Trafficking

Haiti

UNICEF/NYHQ2011-2241/MARCO DORMINO

Child victims of trafficking are recruited, transported, transferred, harbored or received for the purpose of exploitation. They may be forced to work in sweatshops, on construction sites or in houses as domestic servants; on the streets as child beggars, in wars as child soldiers, on farms, in traveling sales crews or in restaurants and hotels. Some are forced to work in brothels and strip clubs or for escort and massage services.
Putting a stop to all forms of child trafficking is critical to UNICEF's work.

Child trafficking in the U.S.

Trafficking is not just an issue that happens to people in other countries. The United States is a source and transit country, and is also considered one of the top destination points for victims of child trafficking and exploitation. Cases of human trafficking have been reported in all 50 U.S. States; anyone can be trafficked regardless of race, class, education, gender, age, or citizenship when forcefully coerced or enticed by false promises.

UNICEF's work in child protection

To protect children from exploitation, risk factors such as poverty and discrimination need to be addressed. UNICEF's efforts in countries around the world include:

• Helping to provide a living wage for parents so that their children do not have to work to support the family and can attend school instead
• Lobbying governments and other partners to develop laws and strengthen child protection systems to prevent and respond to violence and abuse
• Advocating for the legal birth registration of all newborns
• Working with communities and faith-based organizations to change harmful societal norms that make children more vulnerable to exploitation
• Supporting the training of professionals working with children including social workers, health workers and police and border officials to help stop trafficking

How you can help prevent human trafficking

Speak Out: Study up on the root causes of trafficking and spread the word using the hashtag #EndTrafficking and tagging @UNICEFUSA. Share this page or create your own messaging using the UNICEF USA Social Press Kit.
Advocate: Let your mayor or member of congress know that trafficking is an issue that matters. Join UNICEF USA in sending an email to your local elected officials urging them to keep trafficking and its victims top of mind.

How to Help Stop Child Trafficking

 

Protect children from exploitation

Now more than ever, children need protection from predatory criminals who turn the vulnerability and desperation of their victims into big business. Human trafficking — the buying and selling of people for exploitative purposes — thrives in times of conflict and crisis, according to a study of 142 countries released by the United Nations Office on Drugs and Crime (UNODC).
"Human trafficking has taken on horrific dimensions as armed groups and terrorists use it to spread fear and gain victims to offer as incentives to recruit new fighters," says Yury Fedotov, Executive Director of UNODC,  citing child soldiers, forced labor and sexual slavery as examples.

 

Though it’s not clear how improvements in detection, recording and reporting methods have contributed to the rise, the conditions that put children at risk are clear. Turning war, political corruption, poverty and natural disasters to their advantage, traffickers are now generating approximately $39 billion annually on the exploitation of children alone.
According to the latest global estimates, 152 million children are in child labor and 25 million adults and children are in forced labor, including in global supply chains. One in four victims of modern slavery are children.
Whether it is the trafficking of Rohingya refugees in Bangladesh, the exploitation of Central American migrants bound for the United States, the sexual enslavement of women and girls in Europe, or the forced labor of sub-Saharan Africans or refugees from the Middle East, desperate families and individuals often feel they have little choice but to risk exploitation in an effort to survive.

How can we stop child and human trafficking?

Build Community: In the U.S., January is National Slavery and Human Trafficking Prevention Month; however, you can get active to raise awareness of violence and exploitation year-round.  Below are some ideas for how you can get started today:
Speak Out: Study up on the root causes of trafficking and spread the word using the hashtag #EndTrafficking and tagging @UNICEFUSA
Advocate: Send a letter to your elected officials to let them know that trafficking is an issue that matters to you
Join UNICEF UNITE: UNICEF UNITE is UNICEF USA's grassroots movement, composed of volunteer-led and staff-supported local teams across the country advocating or taking action day in and day out to put children first. Become a UNITER today by visiting unicefunite.org

What should you do if you suspect human trafficking?

If you suspect someone is a victim of trafficking, the National Human Trafficking Hotline is your best resource. Call the National Human Trafficking Hotline toll-free at 1-888-373-7888: Anti-Trafficking Hotline Advocates are available 24/7 to take reports of potential human trafficking.

Text the National Human Trafficking Hotline at 233733.

Contact the National Human Trafficking Hotline via www.humantraffickinghotline.org/chat

Report missing children or child pornography to the National Center for Missing and Exploited Children (NCMEC) at 1-800-THE-LOST (843-5678) or through Cybertipline.

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What Every Parent Needs to Know About Child Sex Trafficking

Child Sex Trafficking-Not My Child

Mom shakes her head and Dad raises his voice. Their 16-year old daughter storms up the stairs. As the bedroom door slams, she collapses on the bed with phone in hand. She’s ready to vent her frustrations one status update at a time.
With every angst-laden tap of the keyboard, she lays bare her soul:
“Nobody here gets me.” “No one understands!” “I feel unloved.”
An hour later, a boy from the next town over reaches out. She doesn’t know him, but they’ve got a few mutual friends, so it’s probably no big deal. He’s cute and thoughtful. And, he seems to understand what she’s going through better than anyone else.
For the next two weeks, they exchange messages every day. He’s sweet, a digital shoulder to cry on when nobody else seems to care. They decide to meet up in person, so she borrows Dad’s car “to meet some friends at the mall.”
That night, Daddy’s little girl doesn’t come home for dinner and Mom sits up all night. The next morning, they call the police. An officer searches her computer and finds evidence of the girl’s new relationship. Turns out, the boy she thought she knew didn’t exist.
And, just like that, she’s gone.

Reality check about child sex trafficking

At ERASE, we hear heartbreaking tales like this all too frequently. Stories from average families dealing with everyday stresses when out of nowhere, their child is lured right out from under them.
Whenever we tell these stories, the most common response goes something like this:
“Child trafficking is something that happens to those types of kids out there. We live in a great community and our neighbors are good people who look out for one another. Something like that could never happen to one of my children.”
This is the kind of response that makes us cringe. If only parents knew what we know, they wouldn’t be so quick to ignore this real and pervasive threat. Sadly, that very ignorance is what traffickers count on most when looking for children to target.
The danger is far more imminent than most parents recognize. If we’re going to protect our children, we need to be clear on the real threats child traffickers impose.

Traffickers are Smart, Motivated, and Tech-Savvy

A dark and horrific market has grown up around the purchase and sale of human beings. Researchers estimated that, in 2007, Atlanta’s underground sex economy alone brought in $290 million. Even in a far less “saturated” market, sex trafficking in San Diego enables a pimp to pull in over $11,000 per week.
Fast forward 10 years and there’s no reason to think that number hasn’t grown.
Innocent children aren’t given a pass here. Instead, the most vulnerable among us are routinely bought and sold like property—many of them up to 15 times a day. With business booming, traffickers are working harder than ever to keep up with demand. Leaving no stone unturned, they use social media platforms like Facebook, Twitter, Instagram, and Snapchat, to research, target, and groom children for sexual exploitation. In fact, 77% of sex trafficking victims report having been initially approached online.
Just as a skilled marketer uses sophisticated keyword searches to identify his audience, traffickers monitor social media for anything at all that would suggest an easy target:

• Children with social media profiles open to public viewing
• Teenagers posting introspective status updates about feelings of insecurity
• Boys and girls who are venting about arguments with their parents

Like a lion crouched in his thicket, a predator will scan through lines of text looking for vulnerable children to drag off into the tall grass. How many of those lines will have come from one of your children?

Yes, your child can be a victim of sex trafficking

The children that traffickers rip from their happy homes aren’t pretend characters on television or disembodied faces from the evening news. They’re our kids, the ones we work hard to raise and the ones we hope to see grow up happy and healthy.
They’re the kids we teach to be smart, to mind their surroundings, and never talk to strangers. And yet, we give them free reign to explore every dark corner of the internet via their cell phone.

We must do better

Little more than half of parents closely monitor their children’s online activity. So, when a stranger asks to connect on Snapchat, it’s nearly an even shot that no one will be looking over that kid’s shoulder. You can count on a child trafficker to take that bet.
Do you know which platforms your children are using or who they connect with online? Do they have any secret accounts and how would you find out if they did? If someone asked to meet in person, would they do it? Can you be sure?
These questions may seem intrusive and even overbearing. However, considering the reality of child trafficking in the United States, we have to ask these questions.  Every day, thousands of children disappear into slavery. We’d like to hope our kids could never be victims but the facts simply don’t allow us that option. Understanding the facts of child trafficking is the first and most important step in prevention.

There is Hope

Good people around the world are standing up and fighting back against this great moral evil. You don’t have to live in constant fear for your children. The story we shared at the beginning of this post doesn’t have to be your story. And with some common sense and the will to step intentionally into your kids’ digital lives, you can protect them from becoming a victim of sex trafficking.

The question is: will you?

At ERASE, we want to educate parents on how best to protect their children from online predators. Please take a look at our tips and best practices pages to see how you can teach your children to be safe online.

Juvenile Delinquent or Victim of Human Trafficking?

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Story of a Human Trafficking Victim

It’s midnight. Officer Scott pulls his patrol car into the lot of a small, 24-hour convenience store. As he approaches, he peers through the decal-laden glass door to see a middle-aged man struggling to restrain an agitated 16-year old girl. The store owner had caught this young woman and her boyfriend stuffing items into a small handbag. Her companion—a ‘white man in his late 20’s’—had bolted out the door without so much as a backward glance. The last thing on Officer Scott’s mind was “human trafficking victim”.
Scott had seen this before. Some young teenager, looking for thrills, decides to pocket a few items from the local bodega and gets grabbed by the watchful owner.
As he escorts the girl to his police car, Scott’s treated to an earful. She can’t stop going on about what a jerk he is, how he had violated her rights, and how much trouble she’d be in if he didn’t let her go right away. “Just wait until I call your parents,” he thinks.

The Same Routine

When they arrive at the station, Scott walks this young woman to his desk. She can hear the snide remarks of a few men handcuffed to chairs nearby. As they leer conspicuously at her, she shrinks further into herself.  Scott starts in on his typical line of questioning: name, age, address, and so on. The entire time, her phone buzzes with one text message after another. She begs Scott to let her reply, but he refuses. “There’ll be plenty of time to talk to your parents later.”
“I’m not worried about them,” she snaps back. “They don’t give a crap about me, anyway. They’re too busy arguing to even notice I’m around.”
Not sure what to make of that outburst, Scott begins to sort through the items she had attempted to steal: a sleeve of Hostess Cup Cakes, a Red Bull, and a box of condoms.
“Must be one heck of a boyfriend to leave you there like that, huh?”
“You wouldn’t understand. He loves me. He takes care of me.”
Angry and frustrated by this girl’s bad attitude and ignorance about that poor excuse for a boyfriend, Officer Scott escorts her to a holding cell and prepares to process her out.

Is This the End of the Story?

 For most police officers, this scene is a familiar one—a young kid gets mixed up with the wrong person and finds him or herself on the wrong side of the law.
In virtually every case, this would be the end of the story. The young girl would get a slap on the wrist and be released into her parents’ custody where they could, presumably, set her straight.
And, at this point in our story, Officer Scott was prepared to do just that—to trust the overwhelming testimony of prior experience and process this girl out so that he could get on with his shift.
But, something was different this time…

Discerning the Signs

As Officer Scott sits down to file his paperwork, he’s reminded of last Tuesday’s roll call.  His Sergeant, having recently attended a training seminar on human trafficking, used that day to teach his officers how to identify potential trafficking situations.
All of a sudden, alarm bells start going off in Scott’s mind:
The Fear — Sure, a kid’s going to be afraid of the consequences. But, this girl seems to fear for her physical safety. She’s acting like there’s something worse waiting for her than an angry mom and dad at home.
The Stolen Merchandise – Why did she need a Red Bull and a pack of condoms? Scott recalled that traffickers use starvation to control their victims. Usually, their only choice is to steal the bare necessities.
The Boyfriend – Per the owner’s description, this guy was at least 10 years older than she. What were they doing there together in the first place?

A New Approach

With these things in mind, Scott calmly invites the young lady out of holding and brings her to a quieter part of the station, away from prying eyes and menacing glances.
She looks cold, so Scott hands her a sweatshirt. As he does, he notices a small tattoo of a crown with the name ‘Hugo’ scrawled beneath it—likely a brand to show who ‘she belongs to.’
They start to chat. This time, he speaks less like a cop and more like a friend.
Clearly, she hasn’t had anything to eat for quite a while. Moments later, a female officer appears with a bag from McDonald’s. The three make their way to a private lounge. As they talk, the girl lets her guard down. Scott listens as she describes her broken home life, struggles with friends at school, and her constant search for belonging.
All the while, her phone continues to buzz.
“Your boyfriend?”
“Yes. He just wants to make sure I’m ok.”
He really is a great guy, she explains. He’s been there for her when her parents weren’t. He shows her the affection and attention she needs. She feels protected. He loves her……only, sometimes he makes her do things—things she would ordinarily never do.

Trust

Having earned at least a glimmer of trust, Scott asks if she would slide her phone over. Reluctantly, she does, and he begins to scroll through the text messages.
Wisely, Scott checks his emotions before he begins to read. It doesn’t take him long to realize these are not the supportive words of a loving boyfriend. No, they’re the verbal assaults of a degenerate thug bent on belittling her into submission. Scott does his best to hide his disgust as he reads about threatened consequences for ‘missed quotas.’ Horrified, he sees insults that no human being should ever have to endure, capped off by threats against her little sister for talking to the cops.
Officer Scott thanks the young woman for her trust and politely excuses himself to make a call. He can read the writing on the wall: this girl is clearly a victim of trafficking. She needs someone with much more experience than him to help regain her freedom.
He picks up the phone, dials his Sergeant, and together, they get to work.

What Made the Difference?

This story, though generalized in some ways, is rooted in the accounts we hear from police officers every day. The first part of the story is common enough. But, what about the second when, in Scott’s eyes, the girl goes from ‘shoplifter’ to ‘trafficking victim’?
Not so much.
So, how do we get from A to B? How do we help police officers learn to look at each ‘punk kid’ as a potential victim, to ask deeper questions, and find the real story lies beneath the surface?
Just as in Officer Scott’s story, that turning point comes when an officer recognizes the signs, trusts his or her gut, and decides to unravel that thread. It all starts with that one officer—a soldier on the front lines of the underground battle to set captives free.
This can only happen when officials at every level of law enforcement learn to detect the signs and receive the tools they need to bring trafficking victims out of the cruel darkness and into the liberating light of day.

National Human Trafficking Law Enforcement Training Program

At ERASE, one of the most impactful things we do is train police departments so that they produce more officers like the one in this story. It’s our mission to educate officers to detect the warning signs, identify potential victims, and safely lead them to freedom.  Your donations make this possible.

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