Minnesota Legislature
SF 1339
as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:48am
Current Version - as introduced
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A bill for an act
relating to children; creating the Family Reunification Act of 2011; amending
Minnesota Statutes 2010, 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 2010, section 260C.101, subdivision 2, is amended to
read:
Subd. 2.
Other matters relating to children.
Except as provided in clause (4), 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) 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;
(3) judicial consent to the marriage of a child when required by law;
(4) the juvenile court in those counties in which the judge of the probate-juvenile
court has been admitted to the practice of law in this state shall proceed under the laws
relating to adoptions in all adoption matters. In those counties in which the judge of the
probate-juvenile court has not been admitted to the practice of law in this state the district
court shall proceed under the laws relating to adoptions in all adoption matters;
(5) 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.212, subdivision 8;
(6) the review of voluntary foster care placement of a child for treatment under
chapter 260D according to the review requirements of that chapternew text begin ; and
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new text begin (7) the reestablishment of a legal parent and child relationship under section
260C.329new text end .
Sec. 2.
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[260C.329] REESTABLISHMENT OF THE LEGAL PARENT AND
CHILD RELATIONSHIP.
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new text begin Subdivision 1. new text end
new text begin Citation. new text end
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This section may be cited as the "Family Reunification
Act of 2011."
new text end
new text begin Subd. 2. new text end
new text begin Definition. new text end
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For purposes of this section, "reestablishment of the legal
parent and child relationship" means reunification of a child and a previously terminated
birth parent and restoration of all rights, powers, privileges, immunities, duties, and
obligations that were severed and terminated by the court under section 260C.317.
new text end
new text begin Subd. 3. new text end
new text begin Process for minors. new text end
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(a) Any of the following parties may bring a motion
to reestablish the legal parent and child relationship:
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(1) a minor child who is the subject of a guardianship and transfer of legal custody
order under section 260C.325;
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(2) a parent whose parental rights have been terminated under section 260C.317,
other than a parent:
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(i) whose parental rights were terminated based on a finding in a legal proceeding of
sexual abuse or conduct that resulted in the death of a minor; or
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(ii) who has been convicted of any crime enumerated under section 260C.007,
subdivision 14;
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(3) the child's guardian ad litem;
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(4) an Indian child's tribe; or
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(5) the responsible social services agency.
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(b) The motion to reestablish the legal parent and child relationship:
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(1) must be brought before the child's 18th birthday;
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(2) must be brought before the court that issued the order for guardianship and
legal custody and conducts the reviews required under section 260C.317, subdivision
3, paragraphs (b) or (c);
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(3) must state the factual basis for the request to reestablish the legal parent and
child relationship;
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(4) must contain the names, addresses, telephone numbers, and other contact
information for any person or agency entitled under this section to notice of the motion;
and
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(5) if brought by a parent, must contain or attach all documentary evidence showing
the basis for reestablishing the legal parent and child relationship.
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(c) A motion to reestablish the legal parent and child relationship may not be brought:
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(1) if a motion for reestablishment of the legal parent and child relationship has
been brought within the previous two years;
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(2) unless the child has been in foster care for at least 24 months after a final order
terminated parental rights and freeing the child for adoption; or
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(3) if the child is the subject of a written adoption placement agreement between the
responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2.
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(d) The motion and notice of hearing on the motion must be served on:
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(1) the child's foster parent; and
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(2) all persons or entities having standing to bring a motion under this section,
provided that a parent whose rights have been terminated and who is not the subject of the
motion is not entitled to notice of the hearing.
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(e) A hearing on the motion must be conducted during a regularly scheduled review
hearing. The person filing the motion has the burden of proof. The court may not shift the
burden to any other party.
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(f) The responsible social services agency and the child's guardian ad litem, unless
a moving party, must file with the court the report specified under section 260C.193,
subdivision 2, at least five days prior to the hearing. The report must support or oppose
the motion for the reestablishment of the legal parent and child relationship, and must
include the facts and evidence upon which support or opposition is based. The responsible
social services agency's report must include an assessment of whether the parent's home
constitutes a safe environment for the child.
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(g) The court may accept information voluntarily offered by a child who is the
petitioner or subject of the petition. The information may be provided informally under
section 260C.163, subdivision 6.
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(h) The court may grant the motion ordering reestablishment of the legal parent and
child relationship between the child and a parent who had a previous legal relationship if:
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(1) the child has not been adopted;
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(2) the child has been in foster care for at least 24 months following a final order
terminating parental rights and freeing the child for adoption; and
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(3) the court makes detailed and individualized findings that there is clear and
convincing evidence that reestablishment of the legal parent and child relationship is in
the child's best interests, taking into account these factors:
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(i) whether the conditions that led to either an adjudication that the child was in need
of protection or services or an order terminating parental rights have been corrected;
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(ii) agreement by the child to reestablishment of the legal parent and child
relationship;
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(iii) the child's relationship with whole, half, or step siblings, and whether the
siblings are in the same foster home as the child;
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(iv) whether the reestablishment of the legal parent and child relationship achieves
the physical reunification of the parent and child as a family unit;
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(v) whether the parent is presently fit to safely maintain the day-to-day care of
the child; and
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(vi) any other factor the court considers relevant to the best interests of the child.
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The court must consider as the paramount determinant whether granting the motion
to reestablish the legal parent and child relationship is in the child's best interests.
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(i) The court may grant the motion conditionally for a designated period of up to six
months, during which time guardianship of the child shall remain with the commissioner
while the child may visit or be placed on a trial home visit with the birth parent or birth
parents. The court must:
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(1) direct the responsible social services agency to supervise the child's birth parent
or birth parents;
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(2) develop a reunification plan;
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(3) provide appropriate transitional services to the child and the birth parent or
birth parents; and
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(4) report to the parties and the court not later than 30 days prior to the expiration
of the designated period.
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The court must schedule a hearing prior to the expiration of the designated period to
determine whether to grant the motion permanently in accordance with paragraph (h). The
order granting or dismissing the motion must include the reasons for the determination. If
the child has been removed from the custody of the birth parent or birth parents prior to
the expiration of the designated period by reason of a report of suspected child abuse or
maltreatment, the court must schedule a hearing with notice to the parties. The court may
terminate the trial home visit and may dismiss the petition.
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(j) The court administrator must serve:
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(1) a copy of the final court order granting or denying the motion to reestablish the
legal parent and child relationship on all persons or entities entitled under this subdivision
to bring a motion for reestablishment; and
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(2) a certified copy of any order reestablishing the legal parent and child relationship
on the commissioner of human services.
new text end
new text begin Subd. 4. new text end
new text begin Process for persons over 18 years of age. new text end
new text begin
(a) The following parties may
bring a motion to reestablish the legal parent and child relationship:
new text end
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(1) a person at least 18 years of age who was the subject of a guardianship and
transfer of legal custody order under section 260C.325 and who has not been adopted; or
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(2) a parent whose rights regarding the person have been terminated under section
260C.317.
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(b) The motion must be filed in the county and before the court that issued the order
terminating parental rights, and must contain:
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(1) a statement that the person and the parent whose rights have been terminated
both agree to reestablishment of the legal parent and child relationship;
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(2) a statement that both the person and the parent whose rights have been terminated
are competent to agree to reestablishment of the legal parent and child relationship;
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(3) the facts showing that it is in the person's interest to reestablish the legal parent
and child relationship; and
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(4) the names and addresses of any natural person or agency entitled to notice of
the motion under this subdivision.
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(c) The court must set a time for hearing the motion, and serve notice of the time
of the hearing together with a copy of the motion upon:
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(1) the person whose legal relationship with the parent would be reestablished;
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(2) the previously terminated birth parent who is the movant or the subject of the
person's motion;
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(3) any guardian, as that term is defined under section 524.1-201;
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(4) the responsible social services agency if the person had been under guardianship
of the commissioner and remains in foster care under the legal responsibility of the agency;
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(5) the person's foster parent if the person had been under the guardianship of the
commissioner and remains in foster care under the legal responsibility of the agency; and
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(6) if the person is an Indian, the person's tribe.
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(d) Upon motion and hearing, the court must order the legal parent and child
relationship reestablished when:
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(1) the person understands and agrees to the order, provided that the agreement of
the person is invalid if the person is either considered to be a vulnerable adult under
section 626.5572, subdivision 21, or determined not to be competent to give consent;
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(2) the person, if under age 21, has been informed by the court and understands that
reestablishment of the parent and child relationship terminates any entitlement to benefits
otherwise available to a child in foster care;
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(3) the person's previously terminated birth parent agrees to the order;
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(4) the person has not been adopted; and
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(5) if the person has been or currently is under guardianship, the court finds that
order to be in the best interests of the person.
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(e) The order granting or denying the motion to reestablish the legal parent and child
relationship must be served on:
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(1) the person;
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(2) the previously terminated birth parent;
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(3) any guardian, as that term is defined under section 524.1-201;
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(4) the responsible social services agency if the former ward continues in foster
care; and
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(5) if applicable, the person's tribe.
new text end
new text begin Subd. 5. new text end
new text begin No right to appointed counsel. new text end
new text begin
A motion for a reestablishment of the
parent and child relationship made under this chapter does not provide a right to the
appointment of counsel to the parent under section 260C.163, subdivision 3, or the
Rules of Juvenile Protection Procedure, section 25.02, subdivision 2. Nothing in this
subdivision affects the representation of a child appointed counsel under subdivision 2
or 3 of this section.
new text end
new text begin Subd. 6. new text end
new text begin Effect of order. new text end
new text begin
(a) As of the effective date of a court order reestablishing
the legal parent and child relationship:
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(1) the child or person is the legal child of the parent;
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(2) the parent whose rights were terminated under a previous order of the court as the
legal parent of the child or person is the legal parent of the child or person and all rights,
powers, privileges, immunities, duties, and obligations that were severed and terminated
by the court under section 260C.317 are restored;
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(3) if applicable, guardianship and legal custody of the commissioner of human
services is dismissed; and
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(4) with respect to a minor child, permanent legal and physical custody of the child
is awarded to the parent.
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(b) An order reestablishing the legal parent and child relationship as to one parent of
the child has no effect on:
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(1) the legal rights of any other parent whose rights to the child have been terminated
by the court; or
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(2) the legal sibling relationship between the child or person and any other children
of the parent.
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(c) Reestablishment of the legal parent and child relationship:
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(1) removes the presumption of palpable unfitness under section 260C.301,
subdivision 1, paragraph (b), clause (4), that otherwise would have arisen due to any
involuntary termination of parental rights order and the subsequent birth of another child
of the parent; and
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(2) eliminates the requirement that the county attorney file a termination of parental
rights or child in need of protection or services petition due to an involuntary termination
of parental rights order and subsequent birth of a child to the parent that would have
otherwise arisen under section 260C.301, subdivision 3, paragraph (a), and 260C.007,
subdivision 6, paragraph (16), and provides an affirmative defense to an action in the
event such a petition is filed.
new text end