HF 554

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/11/2019 04:40pm

A bill for an act
relating to human services; permitting parent to petition for reestablishment of the
legal parent and child relationship; prohibiting disqualification of individuals
subject to human services background studies with expunged criminal records;
amending Minnesota Statutes 2018, sections 245C.08, subdivision 1; 260C.329,
subdivisions 3, 7, 8, by adding a subdivision; repealing Minnesota Statutes 2018,
section 260C.329, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 245C.08, subdivision 1, is amended to read:

Subdivision 1.

Background studies conducted by Department of Human Services.

(a)
For a background study conducted by the Department of Human Services, the commissioner
shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in clause (6), information received as a result of submission of
fingerprints for a national criminal history record check, as defined in section 245C.02,
subdivision 13c, when the commissioner has reasonable cause for a national criminal history
record check as defined under section 245C.02, subdivision 15a, or as required under section
144.057, subdivision 1, clause (2);

(6) for a background study related to a child foster care application for licensure, a
transfer of permanent legal and physical custody of a child under sections 260C.503 to
260C.515, or adoptions, and for a background study required for family child care, certified
license-exempt child care, child care centers, and legal nonlicensed child care authorized
under chapter 119B, the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years; and

(ii) when the background study subject is 18 years of age or older, or a minor under
section 245C.05, subdivision 5a, paragraph (c), information received following submission
of fingerprints for a national criminal history record check; and

(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, and legal nonlicensed child care authorized under
chapter 119B, the background study shall also include, to the extent practicable, a name
and date-of-birth search of the National Sex Offender Public website.

(b) deleted text begin Notwithstanding expungement by a court deleted text end new text begin For any action taken in this chapter new text end , the
commissioner deleted text begin may deleted text end new text begin shall not new text end consider new text begin the following new text end information obtained under paragraph
(a), clauses (3) and (4) deleted text begin , unless deleted text end new text begin :
new text end

new text begin (1) a criminal record that was expunged under chapter 260B or 609A, where new text end the
commissioner received notice of the petition for expungement and the court order for
expungement is directed specifically to the commissioner new text begin ; or
new text end

new text begin (2) any underlying fact of an element of the expunged criminal record, including an
arrest or criminal charge, where the commissioner received notice of the petition for
expungement and the court order for expungement is directed specifically to the
commissioner.
new text end

new text begin Nothing in this paragraph prohibits the commissioner from considering information from
a separate administrative decision under this chapter new text end .

(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that relates
to individuals who have already been studied under this chapter and who remain affiliated
with the agency that initiated the background study.

(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.

(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.

Sec. 2.

Minnesota Statutes 2018, section 260C.329, subdivision 3, is amended to read:

Subd. 3.

Petition.

deleted text begin Only the county attorney deleted text end new text begin The county attorney or a parent whose
parental rights were terminated under a previous order of the court new text end may file a petition for
the reestablishment of the legal parent and child relationship. new text begin A parent filing a petition under
this section shall pay a filing fee in the amount required under section 357.021, subdivision
2, clause (1). The filing fee may be waived in cases of indigency. new text end A petition for the
reestablishment of the legal parent and child relationship may be filed when:

(1) both the responsible social services agency and the county attorney agree that
reestablishment of the legal parent and child relationship is in the child's best interests new text begin . This
clause must be satisfied only when the county attorney is the petitioning party new text end ;

(2) the parent has corrected the conditions that led to an order terminating parental rights;

(3) the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child;

(4) the child has been in foster care for at least deleted text begin 36 deleted text end new text begin 24 new text end months after the court issued the
order terminating parental rights;

deleted text begin (5) the child is 15 years of age or older at the time the petition for reestablishment of
the legal parent and child relationship is filed;
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end the child has not been adopted; and

deleted text begin (7) deleted text end new text begin (6) new text end the child is not the subject of a written adoption placement agreement between
the responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2.

Sec. 3.

Minnesota Statutes 2018, section 260C.329, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Contents of parent's petition. new text end

new text begin A parent's petition for reestablishment of the
legal parent and child relationship shall be signed under oath by the petitioner and shall
state the following:
new text end

new text begin (1) the petitioner's full name, date of birth, address, and all other legal names or aliases
by which the petitioner has been known at any time;
new text end

new text begin (2) the name and date of birth of each child for whom reunification is sought;
new text end

new text begin (3) the petitioner's relationship to each child for whom reunification is sought;
new text end

new text begin (4) why reunification is sought and why reunification is in the child's best interest;
new text end

new text begin (5) the details of the termination of parental rights for which reunification is sought,
including the date and jurisdiction of the order, and the court file number and date of any
prior order terminating parental rights;
new text end

new text begin (6) what steps the petitioner has taken toward personal rehabilitation since the time of
the order terminating parental rights, including treatment, work, or other personal history
that demonstrates rehabilitation;
new text end

new text begin (7) how the petitioner has corrected the conditions that led to the order terminating
parental rights for which reunification is sought;
new text end

new text begin (8) reasons why the petitioner is willing and capable to provide day-to-day care and
maintain the health, safety, and welfare of the child; and
new text end

new text begin (9) all prior requests by the petitioner, whether for the present order terminating parental
rights or for any other orders terminating parental rights, whether granted or not.
new text end

Sec. 4.

Minnesota Statutes 2018, section 260C.329, subdivision 7, is amended to read:

Subd. 7.

Service of petition on the parties.

The petition for the reestablishment of the
legal parent and child relationship and notice of hearing on the petition must be served on:

(1) the child;

deleted text begin (2) the parent whose rights have been terminated and with whom the legal parent and
child relationship is proposed to be reestablished;
deleted text end

new text begin (2) the county attorney;
new text end

new text begin (3) the responsible social services agency;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end the child's guardian ad litem; and

deleted text begin (4) deleted text end new text begin (5) new text end the child's tribe if the child is subject to the Indian Child Welfare Act.

Sec. 5.

Minnesota Statutes 2018, section 260C.329, subdivision 8, is amended to read:

Subd. 8.

Hearing.

The court may grant the petition ordering the reestablishment of the
legal parent and child relationship only if it finds by clear and convincing evidence that:

(1) reestablishment of the legal parent and child relationship is in the child's best interests;

deleted text begin (2) the child is 15 years of age or older;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the child has not been adopted;

deleted text begin (4) deleted text end new text begin (3) new text end the child is not the subject of a written adoption placement agreement between
the responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2;

deleted text begin (5) deleted text end new text begin (4) new text end at least deleted text begin 36 deleted text end new text begin 24 new text end months have elapsed following a final order terminating parental
rights and the child remains in foster care;

deleted text begin (6) deleted text end new text begin (5) new text end the child desires to reside with the parent;

deleted text begin (7) deleted text end new text begin (6) new text end the parent has corrected the conditions that led to an order terminating parental
rights; and

deleted text begin (8) deleted text end new text begin (7) new text end the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 260C.329, subdivision 5, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H0554-1

260C.329 REESTABLISHMENT OF THE LEGAL PARENT AND CHILD RELATIONSHIP.

Subd. 5.

Decision not appealable.

The decision by the county attorney not to file a petition for the reestablishment of legal parent and child relationship is not appealable.