HF 1008

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to adoption; changing certain provisions
concerning communication or contact agreements;
amending Minnesota Statutes 2004, section 259.58.

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

Section 1.

Minnesota Statutes 2004, section 259.58, is
amended to read:

259.58 COMMUNICATION OR CONTACT AGREEMENTS.

Adoptive parents and a birth relative or foster parents may
enter an agreement regarding communication with or contact
between an adopted minor, adoptive parents, and a birth relative
or foster parents under this section. An agreement may be
entered between:

(1) adoptive parents and a birth parent;

(2) adoptive parents and any other birth relative or foster
parent with whom the child resided before being adopted; or

(3) adoptive parents and any other birth relative if the
child is adopted by a birth relative upon the death of both
birth parents.

For purposes of this section, "birth relative" means a
parent, stepparent, grandparent, brother, sister, uncle, or aunt
of a minor adoptee. This relationship may be by blood,
adoption, or marriage. For an Indian child, birth relative
includes members of the extended family as defined by the law or
custom of the Indian child's tribe or, in the absence of laws or
custom, nieces, nephews, or first or second cousins, as provided
in the Indian Child Welfare Act, United States Code, title 25,
section 1903.

(a) An agreement regarding communication with or contact
between minor adoptees, adoptive parents, and a birth relative
is not legally enforceable unless the terms of the agreement are
contained in a written court order entered in accordance with
this section. An order may be sought at any time before a
decree of adoption is granted. The order must be issued within
30 days of being submitted to the court or by the granting of
the decree of adoption, whichever is earlier. The court shall
not enter a proposed order unless the terms of the order have
been approved in writing by the prospective adoptive parents, a
birth relative or foster parent who desires to be a party to the
agreement, and, if the child is in the custody of or under the
guardianship of an agency, a representative of the agency. A
birth parent must approve in writing of an agreement between
adoptive parents and any other birth relative or foster parent,
unless an action has been filed against the birth parent by a
county under chapter 260. An agreement under this section need
not disclose the identity of the parties to be legally
enforceable. The court shall not enter a proposed order unless
the court finds that the communication or contact between the
minor adoptee, the adoptive parents, and a birth relative as
agreed upon and contained in the proposed order would be in the
minor adoptee's best interests. The court shall mail a
certified copy of the order to the parties to the agreement or
their representatives at the addresses provided by the
petitioners.

(b) Failure to comply with the terms of an agreed order
regarding communication or contact that has been entered by the
court under this section is not grounds for:

(1) setting aside an adoption decree; or

(2) revocation of a written consent to an adoption after
that consent has become irrevocable.

(c) An agreed order entered under this section may be
enforced by filing a petition or motion with the family court
that includes a certified copy of the order granting the
communication, contact, or visitation, but only if the petition
or motion is accompanied by an affidavit that the parties have
mediated or attempted to mediate any dispute under the agreement
or that the parties agree to a proposed modification. The
prevailing party may be awarded reasonable attorney's fees and
costs. The court shall not modify an agreed order under this
section unless it finds that the modification is necessary to
serve the best interests of the minor adoptee, and:

(1) the modification is agreed to by the parties to the
agreement; or

(2) exceptional circumstances have arisen since the agreed
order was entered that justify modification of the order.

new text begin (d) For children under state guardianship who lived with a
birth relative, when there is a written communication or contact
agreement between prospective adoptive parents and birth
relatives:
new text end

new text begin (1) it must be included in the final adoption decree;
new text end

new text begin (2) if, prior to entry of the adoption decree, the
prospective adoptive parents do not honor the communication or
contact agreement, the adoptive placement must be terminated.
Prior to termination of placement, the parties must enter into
mediation as provided by section 259.28, paragraph (c);
new text end

new text begin (3) a written communication or contact agreement under this
paragraph is immediately enforceable by the filing of the
written and signed communication or contact agreement in the
court that will have jurisdiction over the adoption; and
new text end

new text begin (4) a written communication or contact agreement between
adoptive parents and birth relatives under this paragraph is
presumed to be in the best interest of the minor adoptee. The
burden of proof is on the adoptive parents to show by clear and
convincing evidence the written communication or contact
agreement is not in the best interest of the minor adoptee.
new text end