Minnesota Legislature
HF 1045
as introduced - 90th Legislature (2017 - 2018) Posted on 02/09/2017 01:49pm
Current Version - as introduced
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A bill for an act
relating to juvenile placement; modifying the requirements for reestablishing the
legal parent and child relationship; amending Minnesota Statutes 2016, section
260C.329, subdivisions 3, 5, 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 260C.329, subdivision 3, is amended to read:
Subd. 3.
Petition.
deleted text begin Onlydeleted text end The county attorney new text begin or the previously terminated legal parent
new text end 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:
(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 interestsnew text begin . This
clause must be satisfied only when the county attorney is the petitioning partynew 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 36deleted text end new text begin 18new text end months after the court issued the
order terminating parental rights;
(5) the child is deleted text begin 15deleted text end new text begin tennew text end years of age or older at the time the petition for reestablishment
of the legal parent and child relationship is filed;
(6) the child has not been adopted; and
(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.
Sec. 2.
Minnesota Statutes 2016, section 260C.329, subdivision 5, is amended to read:
Subd. 5.
Decision deleted text begin not appealabledeleted text end new text begin may be appealednew text end .
The new text begin previously terminated legal
parent may appeal the new text end decision by the county attorney not to file a petition for the
reestablishment of legal parent and child relationship deleted text begin is not appealabledeleted text end .
Sec. 3.
Minnesota Statutes 2016, 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;
(2) the child is deleted text begin 15deleted text end new text begin tennew text end years of age or older;
(3) the child has not been adopted;
(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;
(5) at least deleted text begin 36deleted text end new text begin 18new text end months have elapsed following a final order terminating parental rights
and the child remains in foster care;
(6) the child desires to reside with the parent;
(7) the parent has corrected the conditions that led to an order terminating parental rights;
and
(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.