Pennsylvania hearing spotlights bill to let parents seek reinstatement of terminated parental rights, with safeguards urged

Harrisburg — Lawmakers and advocates on Thursday discussed House Bill 133, a proposal to provide a legal pathway for parents whose parental rights were previously terminated to petition a court to have those rights reinstated.

Supporters said the bill would fill a gap in Pennsylvania law and could restore legal ties for families when parental fitness changes. "Termination of parental rights is the death penalty when it comes to parents and children," said Marissa McClellan, a family law attorney and former children and youth administrator, recounting a case where a parent who had been incarcerated later reunited with a teenage child and the court allowed the child to leave the dependency system and live with the biological parent.

The bill as presented would permit a parent to file for reinstatement under certain conditions, require that a child be appointed counsel to represent the child’s perspective, and bar petitions if a child is already adopted or if an adoption petition is pending. It would also require a waiting period: a parent generally must wait one year after filing for reinstatement, and youth age 12 and older must consent to reinstatement, supporters said.

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