HF 252

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2013 04:04pm

A bill for an act
relating to family law; adoption; modifying certain child placement proceedings;
amending Minnesota Statutes 2012, section 260.771, subdivision 3.

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

Section 1.

Minnesota Statutes 2012, section 260.771, subdivision 3, is amended to read:

Subd. 3.

Transfer of proceedings.

new text begin (a) new text end In a proceeding for new text begin (1) new text end the termination of
parental rights or new text begin , (2) the new text end involuntary foster care placement of an Indian child not within
the jurisdiction of subdivision 1, the court, in the absence of good cause to the contrary,
shall transfer the proceeding to the jurisdiction of the tribe absent objection by either
parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe.
The transfer shall be subject to declination by the tribal court of such tribe.

new text begin (b) In a proceeding for the preadoptive or adoptive placement of an Indian child not
within the jurisdiction of subdivision 1, the court, in the absence of good cause to the
contrary, shall transfer the proceeding to the jurisdiction of the tribe. The transfer shall be
subject to declination by the tribal court of such tribe. For the purposes of this subdivision,
"preadoptive placement" and "adoptive placement" have the meanings given in section
260.755, subdivision 3.
new text end