By McKenzie Martin

Parents who had their rights terminated could regain custody of their children under a measure making its way through the Legislature.

The Family Reunification Act, sponsored by Rep. Steve Smith, R-Mound, would apply to kids who have been in foster care for at least 24 months and who have not been adopted or begun the adoption process.

"This is a body that believes in redemption, believes in redemption for parents who have screwed up and have come around again," said Rep. John Lesch, DFL-St. Paul. "I think an open door of redemption is absolutely critical because while this body places the best interest of children at the top, to do that in a vacuum without recognizing any possibility of redemption I think is not the kind of state that I want to live in. "

Parents whose rights were terminated based on findings of physical or sexual abuse would not qualify for reinstatement.

In a hearing Monday, some said the measure, if it became law, could hurt the very children it was designed to help.

John Kingrey, head of the Minnesota County Attorneys Association said children need to know the permanence of termination of parental rights so they can move on heal.

"And now we're saying termination doesn't really mean termination," Kingrey said. "Give it a couple years and we'll see what things look like. And so we're saying termination is ok until you change your mind, and that's not permanency. "

Kingrey said if kids think there's a chance of getting back with their birth parent, they would be less cooperative with foster care and adoption services.

Rep. Debra Hilstrom, DFL-Brooklyn Center, also opposed the bill. "Every child wants to be loved and always looks back and says, 'my parents are coming back for me,'" she said. "And this gives false hope."

According to the bill language, "clear and convincing evidence" would be required to show that reunification of the parent and child is in the child's best interest, including a social services report on the home environment.

Nine other states have laws similar to the proposal, including Illinois, where children over the age of 13 may qualify for reinstatement three years after parental rights are terminated when adoption is unlikely.

Rep. Tim Mahoney, DFL-St Paul, said he agrees with the concept of the bill, but said it should be narrowly tailored to apply to older children with a separation period of longer than the 24 months listed in the bill.

"If we've terminated your parental rights, there's an awfully good reason," Mahoney said. "And two years is not very long if you've made a mess of your life."

"I think fire is a strong word, but you're playing with something that could really hurt somebody," Mahoney said. McKenzie Martin is a University of Minnesota student on assignment for the Star Tribune.