SF 604

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to children; changing certain presumptions,
requirements, and procedures affecting custody;
amending Minnesota Statutes 2004, sections 260C.001,
subdivision 2; 260C.163, subdivision 5; 260C.212, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 260C.001,
subdivision 2, is amended to read:

Subd. 2.

Child in need of protection services.

new text begin (a) new text end The
paramount consideration in all proceedings concerning a child
alleged or found to be in need of protection or services is the
health, safety, and 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 sections 260.751 to 260.835 and the
Indian Child Welfare Act, United States Code, title 25, sections
1901 to 1923.

new text begin (b) new text end The purpose of the laws relating to juvenile courts is
to secure for each child alleged or adjudicated in need of
protection or services and under the jurisdiction of the court,
the care and guidance deleted text begin , preferably in the child's own home,
as deleted text end new text begin that new text end will best serve the spiritual, emotional, mental, and
physical welfare of the child deleted text begin ; deleted text end new text begin and new text end to provide judicial
procedures which protect the welfare of the child deleted text begin ; deleted text end new text begin .
new text end

new text begin (c) In cases where no parental abuse is alleged, the
juvenile court laws are designed to provide care and guidance,
preferably in the child's own home with the child's family, and
new text end to preserve and strengthen the child's family ties whenever
possible and in the child's best interests, removing the child
from the custody of parents only when the child's welfare or
safety cannot be adequately safeguarded without removal deleted text begin ; and, deleted text end new text begin .
new text end

new text begin (d) In cases where parental abuse is alleged, the
legislative intent is that the court and child protective
services agencies should consider all dispositions equally,
including removal from the child's own home and family,
termination of parental rights, and other dispositions, until it
becomes clear that one disposition is preferable in serving the
child's health, safety, and best interests.
new text end

new text begin (e) new text end When removal from the child's own family is necessary
and in the child's best interests, to secure for the child
custody, care and discipline as nearly as possible equivalent to
that which should have been given by the parents.

Sec. 2.

Minnesota Statutes 2004, section 260C.163,
subdivision 5, is amended to read:

Subd. 5.

Guardian ad litem.

(a) The court shall appoint
a guardian ad litem to protect the interests of the minor when
it appears, at any stage of the proceedings, that the minor is
without a parent or guardian, or that the minor's parent is a
minor or incompetent, or that the parent or guardian is
indifferent or hostile to the minor's interests, and in every
proceeding alleging a child's need for protection or services
under section 260C.007, subdivision 6, except proceedings where
the sole allegation is that the child is a runaway or habitual
truant. In any other case the court may appoint a guardian ad
litem to protect the interests of the minor when the court feels
that such an appointment is desirable. The court shall appoint
the guardian ad litem on its own motion or in the manner
provided for the appointment of a guardian ad litem in the
district court. The court may appoint separate counsel for the
guardian ad litem if necessary.

(b) A guardian ad litem shall carry out the following
responsibilities:

(1) conduct an independent investigation to determine the
facts relevant to the situation of the child and the family,
which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the
child in the home setting and considering the child's wishes, as
appropriate; and interviewing parents, caregivers, and others
with knowledge relevant to the case;

(2) advocate for the child's best interests by
participating in appropriate aspects of the case and advocating
for appropriate community services when necessary;

(3) maintain the confidentiality of information related to
a case, with the exception of sharing information as permitted
by law to promote cooperative solutions that are in the best
interests of the child;

(4) monitor the child's best interests throughout the
judicial proceeding; and

(5) present written reports on the child's best interests
that include conclusions and recommendations and the facts upon
which they are based.

(c) Except in cases where the child is alleged to have been
abused or neglected, the court may waive the appointment of a
guardian ad litem pursuant to clause (a), whenever counsel has
been appointed pursuant to subdivision 2 or is retained
otherwise, and the court is satisfied that the interests of the
minor are protected.

(d) In appointing a guardian ad litem pursuant to clause
(a), the court shall not appoint the party, or any agent or
employee thereof, filing a petition pursuant to section 260C.141.

(e) The following factors shall be considered when
appointing a guardian ad litem in a case involving an Indian or
minority child:

(1) whether a person is available who is the same racial or
ethnic heritage as the child or, if that is not possible;

(2) whether a person is available who knows and appreciates
the child's racial or ethnic heritage.

new text begin (f) A guardian ad litem appointed under this subdivision
must be learned in family law and, specifically, in the law of
adoption, foster care, and child protection. The Supreme Court
shall adopt rules necessary to specify training and experience
for guardians ad litem appointed under this subdivision.
new text end

new text begin (g) A party to a proceeding under this chapter may
challenge by motion the appointment of a guardian ad litem under
this subdivision for good cause, including a demonstrated bias
against a permitted disposition or hostility shown toward one of
the parties. If good cause is shown, the court shall dismiss
the guardian ad litem and appoint another one.
new text end

Sec. 3.

Minnesota Statutes 2004, section 260C.212, is
amended by adding a subdivision to read:

new text begin Subd. 13. new text end

new text begin Parental preference. new text end

new text begin In cases where a child is
removed from the child's home and parent or parents, the court
shall not consider the preference of the parent or parents in
placing the child.
new text end