A parent whose rights were involuntarily terminated can ask the court to have their rights reinstated. The court may reinstate their rights if:

• reinstatement is in the child's best interest;
• the parent has resolved the issues that caused their rights to be terminated initially; and
• the parent is willing and capable to maintain the health, safety, and welfare of the child.

This procedure is governed by Chapter 161, Subchapter D of the Texas Family Code. There are a few requirements:

• the parent's rights must have been terminated by the Texas Department of Family & Protective Services (DFPS). This procedure is not available to parents whose rights were terminated in a suit they or another party filed;
• 2 years must have passed since the parent's rights were terminated, and no appeal is pending;
• the child has not been adopted and is not the subject of an adoption placement agreement;
• if the child is at least 12, they must consent to have the parents' rights reinstated.

If the parent files the suit, they must notify DFPS of their intention to file the petition at least 45 days prior to filing. DFPS has a Notice of Intent of Former Parent to Petition Court to Reinstate Parental Rights form available on their website.

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