HF 5049

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/18/2024 03:39pm

A bill for an act
relating to family law; providing rights for parents with disabilities; amending
Minnesota Statutes 2022, sections 259.53, by adding a subdivision; 260C.007,
subdivision 6; 260C.141, by adding a subdivision; 518.1751, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2022, section 259.53, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Supportive parenting services for parents with disabilities. new text end

new text begin (a) A court or
agency shall not deny a prospective parent the ability to proceed with an adoption due to
the prospective parent's disability. A person who raises a prospective parent's disability as
a basis for denying an adoption has the burden to prove by clear and convincing evidence
that specific behaviors of the prospective parent would endanger the health or safety of the
child. If the person meets the burden, the prospective parent with a disability shall have the
opportunity to demonstrate how implementing supportive services would alleviate any
concerns.
new text end

new text begin (b) The court may require the agency that conducted the postplacement assessment and
filed the report with the court under subdivision 2 to provide the opportunity to use supportive
parenting services to a prospective parent, conduct a new postplacement assessment that is
inclusive of the prospective parent's use of supportive parenting services, and file a revised
report with the court under subdivision 2. This paragraph does not confer additional
responsibility to the agency to provide supportive parenting services directly to the
prospective parent. Within a reasonable period of time, the prospective parent has the right
to a court hearing to review the need for continuing services.
new text end

new text begin (c) If a court denies or limits the ability of a prospective parent with a disability to adopt
a child, the court shall make specific written findings stating the basis for the determination
and why providing supportive parenting services is not a reasonable accommodation that
could prevent the denial or limitation.
new text end

new text begin (d) For purposes of this subdivision, "disability" and "supportive parenting services"
have the meanings given in section 260C.141, subdivision 1a.
new text end

Sec. 2.

Minnesota Statutes 2022, section 260C.007, subdivision 6, is amended to read:

Subd. 6.

Child in need of protection or services.

"Child in need of protection or
services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03,
subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined
in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child
abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as
defined in subdivision 15;

(3) is without necessary food, clothing, shelter, education, or other required care for the
child's physical or mental health or morals because the child's parent, guardian, or custodian
is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to provide
that care;

(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from an infant with a disability with a life-threatening
condition. The term "withholding of medically indicated treatment" means the failure to
respond to the infant's life-threatening conditions by providing treatment, including
appropriate nutrition, hydration, and medication which, in the treating physician's, advanced
practice registered nurse's, or physician assistant's reasonable medical judgment, will be
most likely to be effective in ameliorating or correcting all conditions, except that the term
does not include the failure to provide treatment other than appropriate nutrition, hydration,
or medication to an infant when, in the treating physician's, advanced practice registered
nurse's, or physician assistant's reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival of
the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved
of the child's care and custody, including a child who entered foster care under a voluntary
placement agreement between the parent and the responsible social services agency under
section 260C.227;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical disability,
or state of immaturity of the child's parent, guardian, or other custodian new text begin . A child is not
considered to be without proper parental care based solely on the disability of the child's
parent, guardian, or custodian new text end ;

(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;

(11) is a sexually exploited youth;

(12) has committed a delinquent act or a juvenile petty offense before becoming ten
years old;

(13) is a runaway;

(14) is a habitual truant;

(15) has been found incompetent to proceed or has been found not guilty by reason of
mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense; or

(16) has a parent whose parental rights to one or more other children were involuntarily
terminated or whose custodial rights to another child have been involuntarily transferred to
a relative and there is a case plan prepared by the responsible social services agency
documenting a compelling reason why filing the termination of parental rights petition under
section 260C.503, subdivision 2, is not in the best interests of the child.

Sec. 3.

Minnesota Statutes 2022, section 260C.141, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Supportive parenting services. new text end

new text begin (a) A person or agency shall not file a petition
alleging that a child is in need of protection or services on the basis of a parent's disability.
To make a prima facie showing that a child protection matter exists, the petitioner must
demonstrate in the petition that the child is in need of protection or services due to specific
behaviors of a parent or household member. The local agency or court must offer a parent
with a disability the opportunity to use supportive parenting services to assist the parent if
the petitioner makes a prima facie showing that through specific behaviors, a parent with a
disability cannot provide for the child's safety, health, or welfare. If a court removes a child
from a parent's home, the court shall make specific written findings stating the basis for
removing the child and why providing supportive parenting services is not a reasonable
accommodation that could prevent the child's out-of-home placement.
new text end

new text begin (b) For purposes of this subdivision, "supportive parenting services" means services that
may assist a parent with a disability in the effective use of techniques and methods to enable
the parent to discharge the parent's responsibilities to a child as successfully as a parent who
does not have a disability, including nonvisual techniques for a parent who is blind.
new text end

new text begin (c) For purposes of this subdivision, "disability" means:
new text end

new text begin (1) physical or mental impairment that substantially limits one or more of a parent's
major life activities;
new text end

new text begin (2) a record of having a physical or mental impairment that substantially limits one or
more of a parent's major life activities; or
new text end

new text begin (3) being regarded as having a physical or mental impairment that substantially limits
one or more of a parent's major life activities.
new text end

new text begin (d) The term "disability" must be construed in accordance with the ADA Amendments
Act of 2008, Public Law 110-325.
new text end

Sec. 4.

Minnesota Statutes 2022, section 518.1751, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Parents with disabilities. new text end

new text begin (a) A court shall not deny nor restrict a parent's
parenting time or custody due to the parent's disability. A party raising disability as a basis
for denying or restricting parenting time has the burden to prove by clear and convincing
evidence that a parent's specific behaviors during parenting time would endanger the health
or safety of the child. If the party meets the burden, a parent with a disability shall have the
opportunity to demonstrate how implementing supportive services can alleviate any concerns.
The court may require a parent with a disability to use supportive parenting services to
facilitate parenting time.
new text end

new text begin (b) If a court denies or limits the right of a parent with a disability to custody of a child
or visitation with a child, the court shall make specific written findings stating the basis for
the denial or limitation and why providing supportive parenting services is not a reasonable
accommodation that could prevent denying or limiting the parent's custody or parenting
time.
new text end

new text begin (c) For purposes of this subdivision, "disability" and "supportive parenting services"
have the meanings given in section 260C.141, subdivision 1a.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 4 are effective August 1, 2024, and apply to pleadings and motions pending
on or after that date.
new text end