Sec. 161.303. HEARING. (a) A reinstatement hearing under this subchapter must be held not later than the 60th day after the date the petition is filed.
(b) The petitioner has the burden of proof in the hearing, and each party may call witnesses.
(c) The court may grant the petition and order the reinstatement of the former parent's parental rights only if the court finds by a preponderance of the evidence that:
(1) reinstatement of parental rights is in the child's best interests;
(2) at least two years have passed since issuance of the order terminating parental rights and an appeal of the order is not pending;
(3) the child has not been adopted and is not the subject of an adoption placement agreement;
(4) if the child is 12 years of age or older, the child consents to the reinstatement and desires to reside with the parent;
(5) the former parent has remedied the conditions that were grounds for rendering the order terminating parental rights; and
(6) the former parent is willing and has the capability to perform parental duties as provided in Section 151.001, including maintaining the health, safety, and welfare of the child.
(d) In determining whether to grant a petition for reinstatement of parental rights under this subchapter in regard to a child who is 11 years of age or younger on the date the petition is filed, the court shall consider the child's age, maturity, and ability to express a preference and may consider the child's preference regarding the reinstatement as one factor, considered along with all other relevant factors, in making the determination.
Added by Acts 2021, 87th Leg., R.S., Ch. 710 (H.B. 2926), Sec. 1, eff. September 1, 2021.
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