HF 2671

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/28/2022 06:41pm

A bill for an act
relating to children; establishing juvenile court guardianship for at-risk juveniles;
amending Minnesota Statutes 2020, section 260C.101, subdivision 2; proposing
coding for new law in Minnesota Statutes, chapter 260C.

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

Section 1.

Minnesota Statutes 2020, section 260C.101, subdivision 2, is amended to read:

Subd. 2.

Other matters relating to children.

The juvenile court has original and
exclusive jurisdiction in proceedings concerning:

(1) the termination of parental rights to a child in accordance with the provisions of
sections 260C.301 to 260C.328;

(2) permanency matters under sections 260C.503 to 260C.521;

(3) the appointment and removal of a juvenile court guardian for a child, where parental
rights have been terminated under the provisions of sections 260C.301 to 260C.328;

(4) judicial consent to the marriage of a child when required by law;

(5) all adoption matters and review of the efforts to finalize the adoption of the child
under section 260C.317;

(6) the review of the placement of a child who is in foster care pursuant to a voluntary
placement agreement between the child's parent or parents and the responsible social services
agency under section 260C.227; or between the child, when the child is over age 18, and
the agency under section 260C.229;

(7) the review of voluntary foster care placement of a child for treatment under chapter
260D according to the review requirements of that chapter; deleted text begin and
deleted text end

(8) the reestablishment of a legal parent and child relationship under section 260C.329 deleted text begin . deleted text end new text begin ;
and
new text end

new text begin (9) juvenile court guardianship petitions for at-risk juveniles filed under section 260C.149.
new text end

Sec. 2.

new text begin [260C.149] JUVENILE COURT GUARDIANSHIP FOR AT-RISK
JUVENILES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (a) "Abandonment" means the parent's failure to maintain contact with an at-risk juvenile
on a regular basis or to demonstrate consistent interest in an at-risk juvenile's well-being
beginning at least six months prior to the at-risk juvenile reaching the age of 18, or the death
of an at-risk juvenile's parent.
new text end

new text begin (b) "Abuse" means, at any time in an at-risk juvenile's life, the infliction or threat of:
new text end

new text begin (1) psychological or emotional harm;
new text end

new text begin (2) physical injury that was not due to an accident; or
new text end

new text begin (3) sexual abuse, which includes sex trafficking as defined in section 609.321, subdivision
7a.
new text end

new text begin (c) "At-risk juvenile" means an unmarried person who is between the ages of 18 and 21
and is potentially eligible for classification under United States Code, title 8, section
1101(a)(27)(J), as amended through December 31, 2021.
new text end

new text begin (d) "Best interests" has the meaning given in section 260C.511, paragraph (a).
new text end

new text begin (e) "Guardian" means an adult who has been appointed by the court as the guardian of
an at-risk juvenile under this section. A guardian includes but is not limited to a parent.
new text end

new text begin (f) "Mental injury" has the meaning given in section 260E.03, subdivision 13.
new text end

new text begin (g) "Neglect" means, at any time prior to an at-risk juvenile reaching the age of 18, the
failure to give an at-risk juvenile proper care that causes the juvenile's health or welfare to
be harmed or placed at substantial risk of harm or causes mental injury or a substantial risk
of mental injury.
new text end

new text begin (h) "Petitioner" means the at-risk juvenile who is the subject of the petition.
new text end

new text begin Subd. 2. new text end

new text begin Guardianship; purpose. new text end

new text begin The purpose of the guardianship under this section
is to provide an at-risk juvenile with guidance, assistance, financial and emotional support,
and referrals to resources necessary to either or both:
new text end

new text begin (1) meet the at-risk juvenile's needs, which include but are not limited to shelter, nutrition,
and access to and receipt of psychiatric, psychological, medical, dental, educational,
occupational, or social services; or
new text end

new text begin (2) protect the at-risk juvenile from sex or labor trafficking or domestic or sexual violence.
new text end

new text begin Subd. 3. new text end

new text begin Petition. new text end

new text begin An at-risk juvenile may petition the juvenile court for the appointment
of a guardian. The petition must state the name of the proposed guardian and allege that:
new text end

new text begin (1) the appointment of a guardian is in the best interests of the at-risk juvenile;
new text end

new text begin (2) the proposed guardian is capable and reputable;
new text end

new text begin (3) both the petitioner and the proposed guardian agree to the appointment of a
guardianship under this section;
new text end

new text begin (4) reunification of the at-risk juvenile with one or both parents is not viable because of
abandonment, abuse, neglect, or a similar basis that has an effect on an at-risk juvenile
comparable to abandonment, abuse, or neglect under Minnesota law; and
new text end

new text begin (5) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile's
or at-risk juvenile's parent's previous country of nationality or last habitual residence.
new text end

new text begin Subd. 4. new text end

new text begin Right to counsel. new text end

new text begin The at-risk juvenile petitioning for a guardianship and the
proposed guardian named in the petition each have the right to be represented by counsel
of the at-risk juvenile's or guardian's choosing and at the at-risk juvenile's or guardian's own
expense.
new text end

new text begin Subd. 5. new text end

new text begin Service. new text end

new text begin The proposed guardian and, if an appointment of a new guardian is
sought, the existing guardian for the at-risk juvenile previously appointed under this section
are entitled to service in the manner specified in the Minnesota Rules of Juvenile Protection
Procedure.
new text end

new text begin Subd. 6. new text end

new text begin Notice to parents. new text end

new text begin The petitioner must provide a copy of the petition to any
living parent in any manner and format reasonably calculated to give the parent adequate
notice at least 14 days prior to the hearing under subdivision 7. Prior to or at the hearing,
the petitioner must file proof that the copy of the petition was provided to any living parents
of the petitioner. The court may waive notice to a parent:
new text end

new text begin (1) if the identity or location of the petitioner's parent is unknown; or
new text end

new text begin (2) for any other reason that the court may deem appropriate.
new text end

new text begin Subd. 7. new text end

new text begin Proceeding. new text end

new text begin (a) The court shall hear and issue an order on any petition as soon
as administratively feasible and prior to the at-risk juvenile reaching 21 years of age.
new text end

new text begin (b) Venue must be in the county where the at-risk juvenile or the proposed guardian
resides.
new text end

new text begin (c) Nothing in this section authorizes the guardian to abrogate any rights or privileges
to which the at-risk juvenile is entitled under law.
new text end

new text begin Subd. 8. new text end

new text begin Order. new text end

new text begin (a) The court must issue an order awarding a guardianship for the
purposes identified in this section if the court finds that:
new text end

new text begin (1) the proposed guardian is capable and reputable;
new text end

new text begin (2) the guardianship is in the best interests of the at-risk juvenile;
new text end

new text begin (3) both the petitioner and the proposed guardian agree to the establishment of a
guardianship under this section;
new text end

new text begin (4) reunification of the at-risk juvenile with one or both parents is not viable because of
abandonment, abuse, neglect, or a similar basis that has an effect on an at-risk juvenile
comparable to abandonment, abuse, or neglect under Minnesota law; and
new text end

new text begin (5) it is not in the best interests of the at-risk juvenile to be returned to the previous
country of nationality or last habitual residence of the juvenile or the juvenile's parent or
parents.
new text end

new text begin (b) The order must, where the identity is known, specifically identify the parent or parents
whom the court finds have abused, abandoned, or neglected the at-risk juvenile.
new text end

new text begin (c) The order must contain relevant state statutory citations and written findings of fact
to support each of these findings:
new text end

new text begin (1) the at-risk juvenile is dependent on the juvenile court, and has been placed under the
custody of an individual appointed by the juvenile court, through the appointment of a
guardian, for the purposes of this statute;
new text end

new text begin (2) reunification of the at-risk juvenile with one or both parents is not viable because of
abandonment, abuse, or neglect or a similar basis that has an effect on an at-risk juvenile
comparable to abandonment, abuse, or neglect under Minnesota law; and
new text end

new text begin (3) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile's
or at-risk juvenile's parent's country of nationality or last habitual residence.
new text end

new text begin Subd. 9. new text end

new text begin Appointment of new guardian. new text end

new text begin At any time after the approval of a guardian
under subdivision 8, an at-risk juvenile or the currently appointed at-risk juvenile's guardian
may petition the juvenile court for appointment of a new guardian. The petition must state
the name of the proposed new guardian and set forth the facts supporting the request. The
court may appoint a new guardian if the court finds that:
new text end

new text begin (1) the proposed new guardian is capable and reputable;
new text end

new text begin (2) the appointment of a new guardian is in the best interests of the at-risk juvenile; and
new text end

new text begin (3) both the petitioner and the proposed new guardian agree to the establishment of the
guardianship.
new text end

new text begin Subd. 10. new text end

new text begin Automatic termination of guardianship. new text end

new text begin A guardianship awarded under
this section terminates when the at-risk juvenile attains the age of 21. The court's jurisdiction
continues until termination of the guardianship.
new text end

new text begin Subd. 11. new text end

new text begin Voluntary termination of guardianship. new text end

new text begin The at-risk juvenile may request
the termination of the guardianship at any time and, upon request, the court shall terminate
the guardianship.
new text end

new text begin Subd. 12. new text end

new text begin Relation to other guardianship law. new text end

new text begin The provisions of sections 260C.325,
260C.328, and 524.5-101 to 524.5-317 do not apply to petitions for the appointment of a
guardianship for an at-risk juvenile under this section.
new text end