Pennsylvania considers new framework for reinstating terminated parental rights
February 2, 2026
Publications
The Pennsylvania General Assembly is considering House Bill 133, legislation that would create a long‑absent pathway for reinstating parental rights after termination. Interest in the bill has grown following recent committee hearings, and advocates assert that the measure would fill a crucial gap in Pennsylvania’s permanency and child welfare system. This article provides an updated overview of the bill and how it would change current law.
Key takeaways:
- HB 133 would establish the first formal process in Pennsylvania for reinstating parental rights.
- Petitions could be filed by children, youth agencies, or formerly terminated parents.
- Reinstatement would be allowed only after at least one year has passed since termination or when the child is 17 or older.
- The bill applies only in specific circumstances, such as when adoption has not occurred or when an adoptive placement has been disrupted.
- Advocates argue that the bill offers a needed route to reunification for parents who have achieved stability and overcome the issues that led to termination.
Latest legislative activity
The most recent action on HB 133 came on November 18, 2025, when the House Children and Youth Committee held a public hearing on the proposal. Testimony at the hearing focused on the bill’s potential to restore relationships in situations where parents have resolved the challenges that once made reunification unsafe. Sarah Katz, clinical professor of law and director of the Family Justice Clinic at Temple University Beasley School of Law, emphasized that the legislation acknowledges “the power of change” and allows children to reconnect with rehabilitated parents when adoption is no longer the most suitable permanency option. Numerous child welfare advocates shared similar sentiments throughout the proceedings.
Introduction of HB 133
HB 133 was formally introduced on September 17, 2025, by State Representatives Rick Krajewski and Sheryl Delozier. The bill proposes amending Title 23 of the Pennsylvania Consolidated Statutes by adding a new process for reinstating parental rights before the filing of any adoption petition.
Current legal framework in Pennsylvania
Under current Pennsylvania law, termination of parental rights is permanent and irreversible. Parents who have completed treatment, maintained sobriety, secured housing, or otherwise achieved long‑term stability have no legal pathway to restoration of their parental relationship. The only option for ongoing contact is a Voluntary Post Adoption Contact Agreement, which is entirely at the discretion of the adoptive parents and does not restore any authority associated with legal parenthood.
Federal timelines also shape Pennsylvania’s approach. The Adoption and Safe Families Act (ASFA), enacted in 1997, requires states to initiate termination proceedings once a child has been in foster care for 15 of the most recent 22 months. While intended to reduce prolonged foster care stays, this timeline can be rigid for families facing challenges such as addiction or incarceration, which are issues that often require more than 15 months to resolve. ASFA does allow agencies to decline to pursue termination if a “compelling reason” exists, but this determination remains highly discretionary.
What HB 133 would change
HB 133 would create a narrowly tailored procedure that allows children and youth agencies, the child, or the biological parent to file a petition to reinstate parental rights. Eligibility is limited to cases where the original termination resulted from an agency-filed petition and the termination decree is final. In most situations, at least one year must have passed since the termination order, unless the child is 17 years old or older.
The bill is structured to apply only when reunification is a realistic and viable permanency plan. Reinstatement may be considered if:
- The child has not been adopted.
- No adoption petition has been filed.
- The child remains in agency custody.
- An adoptive placement has ended.
- The adoptive parent is the subject of a relinquishment or involuntary termination proceeding.
These parameters are intended to ensure that reinstatement furthers the child’s best interests and occurs only when adoption is no longer achievable or appropriate.
What this means going forward
HB 133 signals a potential shift in Pennsylvania’s approach to permanency by recognizing that parental circumstances can change and that, in some cases, reunification may best serve a child’s long‑term interests. By creating a narrowly tailored process for reinstating parental rights, the bill seeks to balance the need for stability with the reality that adoption is not always achievable or appropriate.
As the legislation continues through the General Assembly, parents, caregivers, and practitioners involved in dependency and termination matters should closely monitor its progress. Those navigating issues related to parental rights, termination proceedings, or potential reinstatement should consider seeking legal guidance to understand how these proposed changes may affect their options.

