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(5) The court may reinstate parental rights upon a finding of clear and convincing evidence that it is in the best interest of the child. Upon ordering reinstatement of parental rights, the court shall place the child in the custody of the former parent with an in-home safety plan.
North Carolina: For eligibility, three years must pass from the date of termination without permanent placement. The minor child or the childs Guardian ad Litem attorney or the department of social services (when they have custody) are eligible to file to reinstate a former parents rights.
The court can grant the petition and order the reinstatement of parental rights only if the court finds by a preponderance of the evidence that reinstatement of rights is in the childs best interests, and that the former parent has remedied the conditions that were grounds for the order.
In order for a parents rights to be terminated in North Carolina, the court must find that grounds for termination exist and that termination of the parents rights would be in the childs best interests. The grounds for termination of parental rights may be found at N.C.G.S. 7B-1111.
A TPR proceeding is divided into two stages. At the adjudication stage, the party initiating the proceeding (often DSS) has to prove that one or more of those 10 reasons exists. If the judge agrees, the case proceeds to the disposition stage, in which the judge decides whether TPR is in the childs best interest.
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A TPR proceeding is divided into two stages. At the adjudication stage, the party initiating the proceeding (often DSS) has to prove that one or more of those 10 reasons exists. If the judge agrees, the case proceeds to the disposition stage, in which the judge decides whether TPR is in the childs best interest.
A parent who has willfully abandoned a child for at least 6 consecutive months (or an infant for at least 60 consecutive days) can have their parental rights terminated. Abandonment involves a parents intention to give up their parenting duties and claims. This generally requires showing more than simple neglect.
North Carolina: For eligibility, three years must pass from the date of termination without permanent placement. The minor child or the childs Guardian ad Litem attorney or the department of social services (when they have custody) are eligible to file to reinstate a former parents rights.
Termination of parental rights is serious and typically can only be reversed if there is strong evidence of change. States that allow for the reunification of a former parent and child include California, Colorado, Illinois, New York and North Carolina. Requirements for reinstatement differ among these states.
At preliminary hearing, court may order trial home placement and temporary reinstatement of parental rights upon finding that there has been material change in circumstances, parent is willing to provide care for child, parent is able to provide safe family home or the home can be made safe with the assistance of

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