HF 252

as introduced - 88th Legislature (2013 - 2014) Posted on 01/31/2013 01:42pm

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.

In a proceeding for new text begin (1) new text end the termination of
parental rights deleted text begin or deleted text end new text begin , (2) the new text end involuntary foster care placement of an Indian child not within
the jurisdiction of subdivision 1 new text begin , or (3) the preadoptive placement or adoptive placement
of an Indian child not within the jurisdiction of subdivision 1 new text end , 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 For purposes of this subdivision, "preadoptive placement" and "adoptive
placement" have the meanings given in section 260.755, subdivision 3.
new text end