Minnesota Legislature
HF 704
as introduced - 88th Legislature (2013 - 2014) Posted on 03/13/2013 08:16pm
Bill Text Versions
| Engrossments | ||
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| Introduction | Posted on 02/18/2013 |
Current Version - as introduced
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A bill for an act
relating to children; creating the Family Reunification Act of 2013; amending
Minnesota Statutes 2012, 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 2012, 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; deleted text begin and
deleted text end
(7) 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 (8) 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 2013."
new text end
new text begin Subd. 2. new text end
new text begin Definition. new text end
new text begin
"Reestablishment of the legal parent and child relationship"
means the physical reunification of a child under the guardianship of the commissioner
of human services and a previously terminated legal 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 Petition. new text end
new text begin
Only the county attorney may file a petition for the
reestablishment of the legal parent and child relationship. A petition for the
reestablishment of the legal parent and child relationship may be filed when:
new text end
new text begin
(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 end
new text begin
(2) the parent has corrected the conditions that led to an order terminating parental
rights;
new text end
new text begin
(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;
new text end
new text begin
(4) the child has been in foster care for at least 36 months after the court issued the
order terminating parental rights;
new text end
new 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;
new text end
new text begin
(6) the child has not been adopted; and
new text end
new text begin
(7) 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.
new text end
new text begin Subd. 4. new text end
new text begin Petition may not be brought in certain circumstances. new text end
new text begin
A petition for the
reestablishment of the legal parent and child relationship may not be brought if the parent
whose rights are the subject of the petition for reestablishment has:
new text end
new text begin
(1) previously had parental rights terminated based on a finding in a legal proceeding
of either sexual abuse or other conduct that resulted in the death of a minor; or
new text end
new text begin
(2) has been convicted of any crime enumerated under section 260C.007, subdivision
14.
new text end
new text begin Subd. 5. new text end
new text begin Decision not appealable. new text end
new text begin
The decision by the county attorney not to file a
petition for the reestablishment of legal parent and child relationship is not appealable.
new text end
new text begin Subd. 6. new text end
new text begin Venue. new text end
new text begin
The petition must be filed with the court that issued the order for
guardianship and legal custody and conducts the reviews required under section 260C.607.
new text end
new text begin Subd. 7. new text end
new text begin Service of petition on the parties. new text end
new text begin
The petition for the reestablishment
of the legal parent and child relationship and notice of hearing on the petition must be
served on:
new text end
new text begin
(1) the child;
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new text begin
(2) the parent whose rights have been terminated and with whom the legal parent
and child relationship is proposed to be reestablished;
new text end
new text begin
(3) the child's guardian ad litem; and
new text end
new text begin
(4) the child's tribe if the child is subject to the Indian Child Welfare Act.
new text end
new text begin Subd. 8. new text end
new text begin Hearing. new text end
new text begin
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:
new text end
new text begin
(1) reestablishment of the legal parent and child relationship is in the child's best
interests;
new text end
new text begin
(2) the child is 15 years of age or older;
new text end
new text begin
(3) the child has not been adopted;
new text end
new text begin
(4) 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;
new text end
new text begin
(5) at least 36 months have elapsed following a final order terminating parental
rights and the child remains in foster care;
new text end
new text begin
(6) the child desires to reside with the parent;
new text end
new text begin
(7) the parent has corrected the conditions that led to an order terminating parental
rights; and
new text end
new text begin
(8) the parent is willing and has the capability to provide day-to-day care and
maintain the health, safety, and welfare of the child.
new text end
new text begin Subd. 9. new text end
new text begin 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 petition for the
reestablishment of the legal parent and child relationship on all persons or entities entitled
under subdivision 7 to service; and
new text end
new text begin
(2) a certified copy of any order for the 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 No right to appointed counsel. new text end
new text begin
A petition for the 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.
new text end
new text begin Subd. 11. 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 for
the reestablishment of the legal parent and child relationship:
new text end
new text begin
(1) the child 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
is restored to the status of legal parent of the child 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) the order placing the child under the guardianship of the commissioner of human
services is dismissed; and
new text end
new text begin
(4) permanent legal and physical custody of the child is awarded to the parent.
new text end
new text begin
(b) An order reestablishing 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 and any other children of the
parent.
new text end