Legislation
SECTION 636
Originating a proceeding to restore parental rights; service and venue
Family Court Act (FCT) CHAPTER 686, ARTICLE 6, PART 1-A
§ 636. Originating a proceeding to restore parental rights; service
and venue. (a) A proceeding to modify the disposition in order to
restore parental rights may be originated by the filing of a petition by
the child's attorney, by the agency or individual to whom guardianship
and custody of the child had been committed or by the respondent or
respondents in the termination of parental rights proceeding. The
petition shall be served upon the child's attorney, the agency or
individual to whom guardianship and custody of the child had been
committed and the respondent or respondents in the termination of
parental rights proceeding, as well as the attorney or attorneys who
represented the respondent or respondents in the termination of parental
rights proceeding. A certified copy of the order committing guardianship
and custody shall be attached to the petition.
(b) Upon the filing of a petition under this part, the court may cause
a summons to be issued to the child, the agency or individual to whom
guardianship and custody of the child had been committed and the
respondent or respondents in the termination of parental rights
proceeding. The summons shall be served in accordance with section six
hundred seventeen of this article, accompanied by a copy of the petition
and the certified order of commitment sought to be modified.
(c) The petition shall be filed before the court that exercised
jurisdiction over the most recent permanency proceeding involving the
child and shall be assigned, wherever practicable, to the family court
judge who presided over that proceeding or the proceeding to terminate
parental rights.
(d) Wherever practicable, the child shall be represented by the same
attorney that represented the child in the most recent permanency
proceeding and the parent or parents shall be represented by the same
attorney or attorneys who represented the parent or parents in the
termination of parental rights proceeding. Where this is not
practicable, or where the court grants a request by the attorney or
attorneys to be relieved, the court shall immediately assign a new
attorney or attorneys, as applicable.
and venue. (a) A proceeding to modify the disposition in order to
restore parental rights may be originated by the filing of a petition by
the child's attorney, by the agency or individual to whom guardianship
and custody of the child had been committed or by the respondent or
respondents in the termination of parental rights proceeding. The
petition shall be served upon the child's attorney, the agency or
individual to whom guardianship and custody of the child had been
committed and the respondent or respondents in the termination of
parental rights proceeding, as well as the attorney or attorneys who
represented the respondent or respondents in the termination of parental
rights proceeding. A certified copy of the order committing guardianship
and custody shall be attached to the petition.
(b) Upon the filing of a petition under this part, the court may cause
a summons to be issued to the child, the agency or individual to whom
guardianship and custody of the child had been committed and the
respondent or respondents in the termination of parental rights
proceeding. The summons shall be served in accordance with section six
hundred seventeen of this article, accompanied by a copy of the petition
and the certified order of commitment sought to be modified.
(c) The petition shall be filed before the court that exercised
jurisdiction over the most recent permanency proceeding involving the
child and shall be assigned, wherever practicable, to the family court
judge who presided over that proceeding or the proceeding to terminate
parental rights.
(d) Wherever practicable, the child shall be represented by the same
attorney that represented the child in the most recent permanency
proceeding and the parent or parents shall be represented by the same
attorney or attorneys who represented the parent or parents in the
termination of parental rights proceeding. Where this is not
practicable, or where the court grants a request by the attorney or
attorneys to be relieved, the court shall immediately assign a new
attorney or attorneys, as applicable.