HF 3961

as introduced - 91st Legislature (2019 - 2020) Posted on 03/02/2020 01:47pm

A bill for an act
relating to child protection; modifying termination of parental rights procedures
when a child was conceived as a result of rape; amending Minnesota Statutes 2018,
sections 260C.001, subdivision 3; 260C.301, by adding a subdivision; 518.179,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 260C.001, subdivision 3, is amended to read:

Subd. 3.

Permanency, termination of parental rights, and adoption.

The purpose of
the laws relating to permanency, termination of parental rights, and children who come
under the guardianship of the commissioner of human services is to ensure that:

(1) when required and appropriate, reasonable efforts have been made by the social
services agency to reunite the child with the child's parents in a home that is safe and
permanent;

(2) if placement with the parents is not reasonably foreseeable, to secure for the child a
safe and permanent placement according to the requirements of section 260C.212, subdivision
2, preferably with adoptive parents or, if that is not possible or in the best interests of the
child, a fit and willing relative through transfer of permanent legal and physical custody to
that relative; and

(3) when a child is under the guardianship of the commissioner of human services,
reasonable efforts are made to finalize an adoptive home for the child in a timely manner.

Nothing in this section requires reasonable efforts to prevent placement or to reunify
the child with the parent or guardian to be made in circumstances where the court has
determined that the child has been subjected to egregious harm, when the child is an
abandoned infant, the parent has involuntarily lost custody of another child through a
proceeding under section 260C.515, subdivision 4, or similar law of another state, the
parental rights of the parent to a sibling have been involuntarily terminated, new text begin the court has
found by clear and convincing evidence that the parent committed nonconsensual sexual
penetration or contact resulting in the conception of the child, new text end or the court has determined
that reasonable efforts or further reasonable efforts to reunify the child with the parent or
guardian would be futile.

The paramount consideration in all proceedings for permanent placement of the child
under sections 260C.503 to 260C.521, or the termination of parental rights is the best interests
of the child. In proceedings involving an American Indian child, as defined in section
260.755, subdivision 8, the best interests of the child must be determined consistent with
the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, et seq.

Sec. 2.

Minnesota Statutes 2018, section 260C.301, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Rape of the mother. new text end

new text begin Notwithstanding any contrary provision in subdivision
1, the juvenile court must, upon petition by the child's mother or any other reputable person
pursuant to section 260C.307, subdivision 1, terminate all rights of a parent to a child if the
court determines, after an evidentiary hearing, by clear and convincing evidence that the
parent committed nonconsensual sexual penetration or contact resulting in the conception
of the child. For purposes of this section, a conviction or a plea of guilty for criminal sexual
conduct that results in the conception of the child constitutes clear and convincing evidence
and an evidentiary hearing is not required. Termination of the perpetrating parent's parental
rights is in the best interests of the child.
new text end

Sec. 3.

Minnesota Statutes 2018, section 518.179, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Rape of the mother. new text end

new text begin (a) Notwithstanding any contrary provision in section
518.17 or 518.175, an action may be brought by a mother to establish that a child was
conceived as a result of nonconsensual sexual penetration or contact. If, after an evidentiary
hearing, the mother proves by clear and convincing evidence that the child was conceived
as a result of nonconsensual sexual penetration or contact, the court must not grant the other
parent custody or parenting time. For purposes of this section, a conviction or a plea of
guilty for criminal sexual conduct that results in the conception of the child constitutes clear
and convincing evidence and an evidentiary hearing is not required.
new text end

new text begin (b) An action under this section must be brought in juvenile court. The parents in the
action have a right to effective assistance of counsel after the action has been commenced
consistent with section 260C.163, subdivision 3.
new text end

new text begin (c) An action under paragraph (a) is separate and any other pending custody and parenting
time actions are stayed until the action commenced under this subdivision is complete. If
paternity has not been determined, the court may determine paternity before a hearing the
action brought under paragraph (a). Paragraph (a) does not apply if:
new text end

new text begin (1) after the alleged nonconsensual sexual penetration or contact described in paragraph
(a) is alleged to have occurred, the mother willingly and without threat or coercion cohabits
with the biological father and establishes a mutual custodial environment for the child; and
new text end

new text begin (2) the mother was 18 years or older at the time of the alleged nonconsensual sexual
penetration or contact described in paragraph (a).
new text end

new text begin (d) The court must provide written notice to a mother in any family law or juvenile court
matter where the mother alleges a child is conceived as a result of nonconsensual sexual
penetration or contact. The notice must include the mother's rights to bring an action under
this subdivision and the mother's right to request a child support good cause exemption.
new text end