Minnesota Legislature
HF 749
2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 03/21/2012 05:32pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/28/2011 | |
| 1st Engrossment | Posted on 04/26/2011 | |
| 2nd Engrossment | Posted on 03/21/2012 |
Current Version - 2nd Engrossment
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4
2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 6.36 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2
A bill for an act
relating to children; creating the Family Reunification Act of 2012; amending
Minnesota Statutes 2010, section 260C.101, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapter 260C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to
read:
Subd. 2.
Other matters relating to children.
Except as provided in clause (4), 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) 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;
(3) judicial consent to the marriage of a child when required by law;
(4) the juvenile court in those counties in which the judge of the probate-juvenile
court has been admitted to the practice of law in this state shall proceed under the laws
relating to adoptions in all adoption matters. In those counties in which the judge of the
probate-juvenile court has not been admitted to the practice of law in this state the district
court shall proceed under the laws relating to adoptions in all adoption matters;
(5) 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.212, subdivision 8;
(6) the review of voluntary foster care placement of a child for treatment under
chapter 260D according to the review requirements of that chapternew text begin ; and
new text end
new text begin (7) the reestablishment of a legal parent and child relationship under section
260C.329new text end .
Sec. 2.
new text begin
[260C.329] REESTABLISHMENT OF THE LEGAL PARENT AND
CHILD RELATIONSHIP.
new text end
new text begin Subdivision 1. new text end
new text begin Citation. new text end
new text begin
This section may be cited as the "Family Reunification
Act of 2012."
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Eligible child" means a minor who is:
new text end
new text begin
(1) at least ten years of age;
new text end
new text begin
(2) younger than ten years of age, provided that a sibling who is at least ten years
of age is a party to the proceeding involving the reestablishment of the legal parent and
child relationship;
new text end
new text begin
(3) younger than ten years of age only if the county attorney and the responsible
social services agency agree; or
new text end
new text begin
(4) an Indian child, as that term is defined in section 260C.007, subdivision 21.
new text end
new text begin
(c) "Reestablishment of the legal parent and child relationship" means the physical
reunification of a child and a previously terminated birth parent and restoration of all
rights, powers, privileges, immunities, duties, and obligations that were severed and
terminated by the court under section 260C.317.
new text end
new text begin Subd. 3. new text end
new text begin Process for minors; who may motion. new text end
new text begin
(a) Any of the following parties
may bring a motion for reestablishment of the legal parent and child relationship:
new text end
new text begin
(1) an eligible child who is the subject of a guardianship and transfer of legal
custody order under section 260C.325;
new text end
new text begin
(2) a parent of an eligible child whose parental rights have been terminated under
section 260C.317, other than a parent:
new text end
new text begin
(i) whose parental rights were terminated based on a finding in a legal proceeding of
sexual abuse or conduct that resulted in the death of a minor; or
new text end
new text begin
(ii) who has been convicted of any crime enumerated under section 260C.007,
subdivision 14;
new text end
new text begin
(3) the eligible child's guardian ad litem;
new text end
new text begin
(4) the tribe of an eligible Indian child; or
new text end
new text begin
(5) the responsible social services agency for an eligible child.
new text end
new text begin
(b) A motion for reestablishment of the legal parent and child relationship may
not be brought:
new text end
new text begin
(1) if a prior motion for reestablishment of the legal parent and child relationship has
been brought within the previous two years;
new text end
new text begin
(2) if fewer than 36 months have elapsed since a final order terminating parental
rights and freeing the eligible child for adoption and the child remains in foster care;
new text end
new text begin
(3) if the eligible child has been adopted, at least one adoptive parent is living, and
that adoptive parent's parental rights have not been voluntarily or involuntarily terminated;
new text end
new text begin
(4) if the eligible child is 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; or
new text end
new text begin
(5) by any party other than the eligible child, if a motion for reestablishment of the
legal parent and child relationship has been brought at any previous time and the child did
not agree to the reestablishment.
new text end
new text begin Subd. 4. new text end
new text begin Process for minors; timing, jurisdiction, and content of motion. new text end
new text begin
The
motion for reestablishment of the legal parent and child relationship must:
new text end
new text begin
(1) be brought before the eligible child's 18th birthday;
new text end
new text begin
(2) be brought before the court that issued the order for guardianship and legal
custody and conducts the reviews required under section 260C.317, subdivision 3,
paragraph (b) or (c);
new text end
new text begin
(3) state the factual basis for the request for reestablishment of the legal parent and
child relationship;
new text end
new text begin
(4) contain the names, addresses, telephone numbers, and other contact information
for any person or agency entitled under this section to notice of the motion; and
new text end
new text begin
(5) contain or attach documentary evidence showing the basis for reestablishment
of the legal parent and child relationship.
new text end
new text begin Subd. 5. new text end
new text begin Process for minors; service on parties of motion. new text end
new text begin
The motion for
reestablishment of the legal parent and child relationship and notice of hearing on the
motion must be served on:
new text end
new text begin
(1) the eligible child's foster parent; and
new text end
new text begin
(2) all persons or entities having standing to bring a motion under this section,
provided that a parent whose rights have been terminated and who is not the subject of the
motion is not entitled to notice of the hearing.
new text end
new text begin Subd. 6. new text end
new text begin Process for minors; preliminary hearing on motion. new text end
new text begin
(a) A preliminary
hearing on the motion must be conducted during a regularly scheduled review hearing.
new text end
new text begin
(b) The court must determine whether the motion states a prima facie case that:
new text end
new text begin
(1) the parent is fit to safely provide the day-to-day care of the eligible child, which
includes meeting the child's developmental and emotional needs, and can plan and provide
for the child's long-term needs; and
new text end
new text begin
(2) the conditions that led to either an adjudication that the eligible child was in need
of protection or services or to an order terminating parental rights have been corrected
or ameliorated.
new text end
new text begin
(c) The person filing the motion has the burden of proof. The court may not shift the
burden to any other party.
new text end
new text begin
(d) The court must deny the motion and the matter may not proceed with the
evidentiary hearing if the court finds that the motion does not state the prima facie case
required under paragraph (b).
new text end
new text begin Subd. 7. new text end
new text begin
Process for minors; guardian ad litem report; opportunity for minor
testimony.
new text end
new text begin
(a) The responsible social services agency and the child's guardian ad litem,
unless a moving party, must file with the court the report required under the Minnesota
Rules of Juvenile Protection for hearings conducted under section 260C.317, subdivision
3, paragraphs (b) and (c), at least five days prior to the hearing. The report must support or
oppose the motion for reestablishment of the legal parent and child relationship, and must
include the facts and evidence upon which support or opposition is based. The responsible
social services agency's report must include an assessment of whether the parent's home
constitutes a safe environment for the eligible child.
new text end
new text begin
(b) Prior to the evidentiary hearing as provided in subdivision 8, the court may
accept testimony voluntarily offered by an eligible child who is the petitioner or subject
of the petition. The testimony may be provided informally under section 260C.163,
subdivision 6.
new text end
new text begin Subd. 8. new text end
new text begin Process for minors; evidentiary hearing. new text end
new text begin
The court may grant the motion
ordering reestablishment of the legal parent and child relationship between the child and a
parent who had a previous legal relationship if:
new text end
new text begin
(1) the eligible child is not currently the legal child of an adoptive parent who is
living;
new text end
new text begin
(2) the eligible 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;
new text end
new text begin
(3) at least 36 months have elapsed following a final order terminating parental
rights and freeing the child for adoption and the child remains in foster care; and
new text end
new text begin
(4) the court makes detailed and individualized findings that there is clear and
convincing evidence that reestablishment of the legal parent and child relationship is in
the child's best interests including:
new text end
new text begin
(i) that the conditions that led to either an adjudication that the eligible child was in
need of protection or services or an order terminating parental rights have been corrected
or ameliorated;
new text end
new text begin
(ii) that there is agreement by the eligible child to reestablishment of the legal parent
and child relationship;
new text end
new text begin
(iii) that reestablishment of the legal parent and child relationship achieves the
physical reunification of the parent and eligible child as a family unit;
new text end
new text begin
(iv) that the parent is presently fit to safely maintain the day-to-day care of the
eligible child; and
new text end
new text begin
(v) any other factor the court considers relevant to the best interests of the eligible
child, including the legal and actual effect reestablishment of the legal parent and child
relationship will have on the child's relationship with the child's siblings, especially
siblings in the same foster home as the child.
new text end
new text begin
In making the determination of whether to grant the motion ordering reestablishment
of the legal parent and child relationship, the court must consider as the paramount
determinant whether the order is in the eligible child's best interests.
new text end
new text begin Subd. 9. new text end
new text begin Process for minors; service of order. new text end
new text begin
The court administrator must serve:
new text end
new text begin
(1) a copy of the final court order granting or denying the motion for reestablishment
of the legal parent and child relationship on all persons or entities entitled under
subdivision 5 to bring a motion for reestablishment; and
new text end
new text begin
(2) a certified copy of any order for reestablishment of the legal parent and child
relationship on the commissioner of human services.
new text end
new text begin Subd. 10. new text end
new text begin Process for persons over 18 years of age. new text end
new text begin
(a) Notwithstanding
subdivision 4, the following parties may bring a motion for reestablishment of the legal
parent and child relationship:
new text end
new text begin
(1) a person at least 18 years of age who was the subject of a guardianship and
transfer of legal custody order under section 260C.325 and who is not currently the legal
child of an adoptive parent who is living; or
new text end
new text begin
(2) a parent whose rights have been terminated under section 260C.317 regarding
the person described in clause (1).
new text end
new text begin
(b) The motion must be filed in the county and before the court that issued the order
terminating parental rights, and must contain:
new text end
new text begin
(1) a statement that the person and the parent whose rights have been terminated
both agree to reestablishment of the legal parent and child relationship;
new text end
new text begin
(2) a statement that both the person and the parent whose rights have been terminated
are competent to agree to reestablishment of the legal parent and child relationship;
new text end
new text begin
(3) the facts showing that it is in the person's interest to reestablish the legal parent
and child relationship; and
new text end
new text begin
(4) the names and addresses of any natural person or agency entitled to notice of
the motion under paragraph (c).
new text end
new text begin
(c) The court must set a time for hearing the motion, and serve notice of the time
of the hearing together with a copy of the motion upon:
new text end
new text begin
(1) the person whose legal relationship with the parent would be reestablished;
new text end
new text begin
(2) the previously terminated birth parent who is the movant or the subject of the
person's motion;
new text end
new text begin
(3) any guardian, as that term is defined under section 524.1-201;
new text end
new text begin
(4) the responsible social services agency if the person had been under guardianship
of the commissioner and remains in foster care under the legal responsibility of the agency;
new text end
new text begin
(5) the person's foster parent if the person had been under the guardianship of the
commissioner and remains in foster care under the legal responsibility of the agency; and
new text end
new text begin
(6) if the person is an Indian, the person's tribe.
new text end
new text begin
(d) Upon motion and hearing, the court must grant the motion ordering the
reestablishment of the legal parent and child relationship if:
new text end
new text begin
(1) the person understands and agrees to the order, provided that the agreement of
the person is invalid if the person is either considered to be a vulnerable adult under
section 626.5572, subdivision 21, or determined not to be competent to give consent;
new text end
new text begin
(2) the person, if under age 21, has been informed by the court and understands that
reestablishment of the parent and child relationship terminates any entitlement to benefits
otherwise available to a child in foster care;
new text end
new text begin
(3) the person's previously terminated birth parent agrees to the order;
new text end
new text begin
(4) the person has not been adopted; and
new text end
new text begin
(5) if the person has been or currently is under guardianship, the court finds that
order to be in the best interests of the person.
new text end
new text begin
(e) The order granting or denying the motion for reestablishment of the legal parent
and child relationship must be served on:
new text end
new text begin
(1) the person;
new text end
new text begin
(2) the previously terminated birth parent;
new text end
new text begin
(3) any guardian, as that term is defined under section 524.1-201;
new text end
new text begin
(4) the responsible social services agency if the former ward continues in foster
care; and
new text end
new text begin
(5) if applicable, the person's tribe.
new text end
new text begin Subd. 11. new text end
new text begin No right to appointed counsel. new text end
new text begin
A motion for reestablishment of the legal
parent and child relationship made under this chapter does not provide a right to the
appointment of counsel to the parent under section 260C.163, subdivision 3, or the Rules
of Juvenile Protection Procedure, rule 25.02, subdivision 2. Nothing in this subdivision
affects the representation of a child with appointed counsel under subdivision 2 or 3.
new text end
new text begin Subd. 12. new text end
new text begin Effect of order. new text end
new text begin
(a) As of the effective date of a court order providing
reestablishment of the legal parent and child relationship:
new text end
new text begin
(1) the child or person is the legal child of the parent;
new text end
new text begin
(2) the parent whose rights were terminated under a previous order of the court as the
legal parent of the child or person is the legal parent of the child or person and all rights,
powers, privileges, immunities, duties, and obligations that were severed and terminated
by the court under section 260C.317 are restored;
new text end
new text begin
(3) if applicable, guardianship and legal custody of the commissioner of human
services is dismissed; and
new text end
new text begin
(4) with respect to a minor child, permanent legal and physical custody of the child
is awarded to the parent.
new text end
new text begin
(b) An order providing reestablishment of the legal parent and child relationship as
to one parent of the child has no effect on:
new text end
new text begin
(1) the legal rights of any other parent whose rights to the child have been terminated
by the court; or
new text end
new text begin
(2) the legal sibling relationship between the child or person and any other children
of the parent.
new text end
new text begin
(c) Where a child is a minor, the reestablishment of the legal parent and child
relationship:
new text end
new text begin
(1) removes the presumption of palpable unfitness under section 260C.301,
subdivision 1, paragraph (b), clause (4), that otherwise would have arisen due to any
involuntary termination of parental rights order and the subsequent birth of another child
of the parent; and
new text end
new text begin
(2) eliminates the requirement that the county attorney file a termination of parental
rights or child in need of protection or services petition due to an involuntary termination
of parental rights order and subsequent birth of a child to the parent that would have
otherwise arisen under section 260C.301, subdivision 3, paragraph (a), and 260C.007,
subdivision 6, paragraph (16), and rebuts the presumption under section 260C.301,
subdivision 1, paragraph (b), clause (4), in the event such a petition is filed.
new text end