SF 2736

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/20/2022 08:12am

A bill for an act
relating to children; establishing juvenile court guardianship for at-risk youth;
amending Minnesota Statutes 2020, section 260C.101, subdivision 2; proposing
coding for new law as Minnesota Statutes, chapter 257D.

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

Section 1.

[257D.01] DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of this chapter, the terms defined in this section
have the meanings given.

Subd. 2.

Abandonment.

"Abandonment" means the parent's failure to maintain contact
with an at-risk juvenile on a regular basis or to demonstrate consistent interest in an at-risk
juvenile's well-being beginning at least six months prior to the at-risk juvenile reaching the
age of 18, or the death of an at-risk juvenile's parent.

Subd. 3.

Abuse.

"Abuse" means, at any time in an at-risk juvenile's life, the infliction
or threat of:

(1) psychological or emotional harm;

(2) physical injury that was not due to an accident; or

(3) sexual abuse, which includes sex trafficking as defined in section 609.321, subdivision
7a.

Subd. 4.

At-risk juvenile.

"At-risk juvenile" means an unmarried person who is between
the ages of 18 and 21 and is potentially eligible for classification under United States Code,
title 8, section 1101(a)(27)(J), as amended through December 31, 2021.

Subd. 5.

Best interests.

"Best interests" has the meaning given in section 260C.511,
paragraph (a).

Subd. 6.

Guardian.

"Guardian" means an adult who has been appointed by the court as
the guardian of an at-risk juvenile under this chapter. A guardian includes but is not limited
to a parent.

Subd. 7.

Mental injury.

"Mental injury" has the meaning given in section 260E.03,
subdivision 13.

Subd. 8.

Neglect.

"Neglect" means, at any time prior to an at-risk juvenile reaching the
age of 18, the failure to give an at-risk juvenile proper care that causes the juvenile's health
or welfare to be harmed or placed at substantial risk of harm or causes mental injury or a
substantial risk of mental injury.

Subd. 9.

Petitioner.

"Petitioner" means the at-risk juvenile who is the subject of the
petition.

Sec. 2.

[257D.02] GUARDIANSHIP; PURPOSE.

The purpose of the guardianship under this chapter is to provide an at-risk juvenile with
guidance, assistance, financial and emotional support, and referrals to resources necessary
to either or both:

(1) meet the at-risk juvenile's needs, which include but are not limited to shelter, nutrition,
and access to and receipt of psychiatric, psychological, medical, dental, educational,
occupational, or other services; or

(2) protect the at-risk juvenile from sex or labor trafficking or domestic or sexual violence.

Sec. 3.

[257D.03] JURISDICTION; PETITION.

Subdivision 1.

Jurisdiction.

The juvenile court has exclusive jurisdiction for all petitions
for guardianship brought under this chapter.

Subd. 2.

Petition.

An at-risk juvenile may petition the juvenile court for the appointment
of a guardian. The petition must state the name of the proposed guardian and allege that:

(1) the appointment of a guardian is in the best interests of the at-risk juvenile;

(2) the proposed guardian is capable and reputable;

(3) both the petitioner and the proposed guardian agree to the appointment of a
guardianship under this chapter;

(4) reunification of the at-risk juvenile with one or both parents is not viable because of
abandonment, abuse, neglect, or a similar basis that has an effect on an at-risk juvenile
comparable to abandonment, abuse, or neglect under Minnesota law; and

(5) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile's
or at-risk juvenile's parent's previous country of nationality or last habitual residence.

Sec. 4.

[257D.04] RIGHT TO COUNSEL.

The at-risk juvenile petitioning for a guardianship and the proposed guardian named in
the petition each have the right to be represented by counsel of the at-risk juvenile's or
guardian's choosing and at the at-risk juvenile's or guardian's own expense.

Sec. 5.

[257D.05] SERVICE.

The proposed guardian and, if an appointment of a new guardian is sought, the existing
guardian for the at-risk juvenile previously appointed under this chapter are entitled to
service in the manner specified in the Minnesota Rules of Juvenile Protection Procedure.

Sec. 6.

[257D.06] NOTICE TO PARENTS.

The petitioner must provide a copy of the petition to any living parent in any manner
and format reasonably calculated to give the parent adequate notice at least 14 days prior
to the hearing under section 257D.07. Prior to or at the hearing, the petitioner must file
proof that the copy of the petition was provided to any living parents of the petitioner. The
court may waive notice to a parent:

(1) if the identity or location of the petitioner's parent is unknown; or

(2) for any other reason that the court may deem appropriate.

Sec. 7.

[257D.07] PROCEEDING.

Subdivision 1.

Timing; venue.

The court shall hear and issue an order on any petition
as soon as administratively feasible and prior to the at-risk juvenile reaching 21 years of
age. Venue must be in the county where the at-risk juvenile or the proposed guardian resides.

Subd. 2.

Rights of at-risk juvenile.

Nothing in this section authorizes the guardian to
abrogate any rights or privileges to which the at-risk juvenile is entitled under law.

Sec. 8.

[257D.08] ORDER.

Subdivision 1.

Issuance.

The court must issue an order awarding a guardianship for the
purposes identified in section 257D.02 if the court finds that:

(1) the proposed guardian is capable and reputable;

(2) the guardianship is in the best interests of the at-risk juvenile;

(3) both the petitioner and the proposed guardian agree to the establishment of a
guardianship under this chapter;

(4) reunification of the at-risk juvenile with one or both parents is not viable because of
abandonment, abuse, neglect, or a similar basis that has an effect on an at-risk juvenile
comparable to abandonment, abuse, or neglect under Minnesota law; and

(5) it is not in the best interests of the at-risk juvenile to be returned to the previous
country of nationality or last habitual residence of the juvenile or the juvenile's parent or
parents.

Subd. 2.

Contents of the order.

(a) The order must, where the identity is known,
specifically identify the parent or parents whom the court finds have abused, abandoned,
or neglected the at-risk juvenile.

(b) The order must contain the following three judicial determinations, each supported
by relevant state statutory citations and written findings of fact:

(1) the at-risk juvenile is dependent on the juvenile court, and has been placed under the
custody of an individual appointed by the juvenile court, through the appointment of a
guardian, for the purposes of this chapter;

(2) reunification of the at-risk juvenile with one or both parents is not viable because of
abandonment, abuse, or neglect or a similar basis that has an effect on an at-risk juvenile
comparable to abandonment, abuse, or neglect under Minnesota law; and

(3) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile's
or at-risk juvenile's parent's country of nationality or last habitual residence.

Sec. 9.

[257D.09] APPOINTMENT OF A NEW GUARDIAN.

At any time after the approval of a guardian under section 257D.08, an at-risk juvenile
or the currently appointed at-risk juvenile's guardian may petition the juvenile court for
appointment of a new guardian. The petition must state the name of the proposed new
guardian and set forth the facts supporting the request. The court may appoint a new guardian
if the court finds that:

(1) the proposed new guardian is capable and reputable;

(2) the appointment of a new guardian is in the best interests of the at-risk juvenile; and

(3) both the at-risk juvenile and the proposed new guardian agree to the establishment
of the guardianship.

Sec. 10.

[257D.10] AUTOMATIC TERMINATION OF GUARDIANSHIP.

A guardianship awarded under this chapter terminates when the at-risk juvenile attains
the age of 21. The juvenile court's jurisdiction continues until termination of the guardianship.

Sec. 11.

[257D.11] VOLUNTARY TERMINATION OF GUARDIANSHIP.

The at-risk juvenile may request the termination of the guardianship at any time and,
upon request, the juvenile court shall terminate the guardianship.

Sec. 12.

[257D.12] RELATION TO OTHER GUARDIANSHIP LAW.

The provisions of sections 260C.325, 260C.328, and 524.5-101 to 524.5-317, do not
apply to petitions for the appointment of a guardianship for an at-risk juvenile under this
chapter.

Sec. 13.

Minnesota Statutes 2020, section 260C.101, subdivision 2, is amended to read:

Subd. 2.

Other matters relating to children.

The juvenile court has original and
exclusive jurisdiction in proceedings concerning:

(1) the termination of parental rights to a child in accordance with the provisions of
sections 260C.301 to 260C.328;

(2) permanency matters under sections 260C.503 to 260C.521;

(3) the appointment and removal of a juvenile court guardian for a child, where parental
rights have been terminated under the provisions of sections 260C.301 to 260C.328;

(4) judicial consent to the marriage of a child when required by law;

(5) all adoption matters and review of the efforts to finalize the adoption of the child
under section 260C.317;

(6) the review of the placement of a child who is in foster care pursuant to a voluntary
placement agreement between the child's parent or parents and the responsible social services
agency under section 260C.227; or between the child, when the child is over age 18, and
the agency under section 260C.229;

(7) the review of voluntary foster care placement of a child for treatment under chapter
260D according to the review requirements of that chapter; and

(8) the reestablishment of a legal parent and child relationship under section 260C.329;
and

(9) juvenile court guardianship petitions for at-risk juveniles filed under chapter 257D.