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SF 250

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/23/2013 04:25pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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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 fornew text begin : (1) new text end the termination of
parental rightsnew text begin ;new text end 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 deleted text begin shall bedeleted text end new text begin is new text end subject to declination by the tribal court of deleted text begin suchdeleted text end new text begin the new text end 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 is
subject to declination by the tribal court of the tribe. For the purposes of this subdivision,
"preadoptive placement" and "adoptive placement" have the meanings give in section
260.755, subdivision 3.
new text end