(a) The Department of Human Services or an attorney ad litem may file a motion to resume services for a parent whose parental rights were previously terminated under this subchapter if:
(1) The child:
(A) Is currently in the custody of the department;
(B) Is not in an adoptive placement, a pre-adoptive placement, or under another permanent placement and there is some evidence that the juvenile is not likely to achieve permanency within a reasonable period of time as viewed from the child's perspective; or
(C) Was previously adopted, appointed a permanent guardian, or placed in the permanent custody of another individual and the adoption, guardianship, or custodial placement was disrupted or otherwise dissolved; and
(2)
(A) The order terminating the parental rights of the parent who is the subject of a motion filed under this section was entered at least three (3) years before the date on which the motion to resume services was filed.
(B) The three-year waiting period may be waived if it is in the best interest of the child.
(b)
(1) A motion filed under this section shall identify the parent for whom services would resume.
(2) A parent shall not be named as a party to a motion filed under this section.
(3) The petitioner shall serve the parent who is the subject of a motion filed under this section with the motion.
(4) A parent who is the subject of a motion filed under this section shall have the right to be heard at a hearing on the motion.
(c) When determining whether to grant or deny a motion filed under this section, the court shall consider the:
(1) Efforts made by the department to achieve adoption or other permanent placement for the child, including without limitation any barriers preventing permanency from being achieved;
(2) Current status of the parent who is the subject of the motion, including without limitation the extent to which the parent has remedied any conditions that led to the termination of his or her parental rights;
(3) Willingness of the parent who is the subject of the motion to participate with the services offered; and
(4) Child's wishes regarding a resumption of contact, visitation, or placement with the parent who is the subject of the motion.
(d)
(1) A court may grant a motion filed under this section if it finds by a preponderance of the evidence that it is in the best interest of the child to resume services and establish appropriate contact or visitation between the child and the parent or placement of the child with the parent.
(2) If the court grants a motion filed under this section, the court:
(A)
(i) May order family services for the purposes of assisting reunification between the child and a fit parent who is the subject of the motion.
(ii) The court may order the parent to pay for some or all of the costs associated with court-ordered family services;
(B)
(i) May order studies, evaluations, home studies, or post-disposition reports.
(ii) A written home study on the parent who is the subject of the motion shall be submitted to the court before the court may order unsupervised visitation or placement of the juvenile with the parent.
(iii) If a study, evaluation, or home study is performed before a hearing on a motion filed under subsection (a) of this section, the results of the study, evaluation, or home study shall be served on the parent, attorney ad litem, court-appointed special advocate, and any other party to the motion at least two (2) business days before the hearing; and
(C) Shall schedule a review hearing every ninety (90) days until the court:
(i) Finds that it is not in the best interest of the child to have contact, visitation, or placement with the parent;
(ii) Enters an order reinstating the rights of the parent under § 9-27-370; or
(iii) No longer has jurisdiction over the case.
(3) A staffing shall be held and a case plan developed within thirty (30) days of the date on which the order granting a motion for resumption of services under this section is entered.
(e) A court may deny a motion filed under this section if the court finds by a preponderance of the evidence that the parent who is the subject of the motion engaged in conduct that interfered with the child's ability to achieve permanency.
(f) The written order of the court shall be filed by the court, a party, or the attorney of a party as designated by the court and distributed to the parties within thirty (30) days of the date of the hearing on the motion to resume services or before the next hearing, whichever is sooner.