SF 1888

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; requiring notification of 
  1.3             placement or adoption of a child to the other birth 
  1.4             parent; requiring background checks for adoption; 
  1.5             requiring affidavits for an emergency order requiring 
  1.6             updates to adoption study; defining content of 
  1.7             postplacement assessment and report; permitting 
  1.8             court-ordered grandparent visitation with an adopted 
  1.9             child; recognition of adoption which occurred in a 
  1.10            foreign country; defining when adoption records shall 
  1.11            become public records; amending Minnesota Statutes 
  1.12            1994, sections 245A.04, subdivision 10; 257.022, 
  1.13            subdivision 2, and by adding a subdivision; 259.20, 
  1.14            subdivision 2; 259.22, subdivision 4; 259.24, 
  1.15            subdivision 2a; 259.41; 259.47, subdivisions 3, 6, 7, 
  1.16            8, and 10; 259.53, subdivision 2; 259.55, subdivision 
  1.17            1; 259.59, subdivision 1; 259.67, subdivision 7; 
  1.18            259.79, subdivision 3; 259.83, subdivision 3; and 
  1.19            259.89, subdivisions 1, 5, and by adding a 
  1.20            subdivision; proposing coding for new law in Minnesota 
  1.21            Statutes, chapter 259; repealing Minnesota Statutes 
  1.22            1994, section 259.47, subdivision 9. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  Minnesota Statutes 1994, section 245A.04, 
  1.25  subdivision 10, is amended to read: 
  1.26     Subd. 10.  [ADOPTION AGENCY; ADDITIONAL REQUIREMENTS.] In 
  1.27  addition to the other requirements of this section, an 
  1.28  individual, corporation, partnership, voluntary association, 
  1.29  other organization, or controlling individual applying for a 
  1.30  license to place children for adoption must: 
  1.31     (1) incorporate as a nonprofit corporation under chapter 
  1.32  317A; 
  1.33     (2) file with the application for licensure a copy of the 
  1.34  disclosure form required under section 259.37, subdivision 2; 
  2.1      (3) provide evidence that a bond has been obtained and will 
  2.2   be continuously maintained in favor of the commissioner 
  2.3   throughout the entire operating period of the agency, to cover 
  2.4   the cost of transfer of records to and storage of records by the 
  2.5   agency which has agreed, pursuant to rule established by the 
  2.6   commissioner, to receive the applicant agency's records if the 
  2.7   applicant agency voluntarily or involuntarily ceases operation 
  2.8   and fails to provide for proper transfer of the records in order 
  2.9   to comply with the requirements of section 259.79.  The bond 
  2.10  must be made in favor of the agency which has agreed to receive 
  2.11  the records; and 
  2.12     (4) submit a certified audit to the commissioner each year 
  2.13  the license is renewed as required under section 245A.03, 
  2.14  subdivision 1. 
  2.15     Sec. 2.  Minnesota Statutes 1994, section 257.022, 
  2.16  subdivision 2, is amended to read: 
  2.17     Subd. 2.  [FAMILY COURT PROCEEDINGS.] In all proceedings 
  2.18  for dissolution, custody, legal separation, annulment, or 
  2.19  parentage, after the commencement of the proceeding, or at any 
  2.20  time after completion of the proceedings, and continuing during 
  2.21  the minority of the child, the court may, upon the request of 
  2.22  the parent or grandparent of a party, grant reasonable 
  2.23  visitation rights to the unmarried minor child, after 
  2.24  dissolution of marriage, legal separation, annulment, or 
  2.25  determination of parentage during minority if it finds that:  (1)
  2.26  visitation rights would be in the best interests of the child; 
  2.27  and (2) such visitation would not interfere with the parent- 
  2.28  child relationship.  The court shall consider the amount of 
  2.29  personal contact between the parents or grandparents of the 
  2.30  party and the child prior to the application. 
  2.31     If the parent or grandparent of a party makes specific 
  2.32  allegations that the proposed visitation would be in the best 
  2.33  interests of the child and that the visitation would not 
  2.34  interfere with the parent-child relationship, the court shall 
  2.35  hold a hearing at the earliest possible time to determine the 
  2.36  facts surrounding such allegations. 
  3.1      If a motion for grandparent visitation has been heard and 
  3.2   denied, unless agreed to in writing by the parties, no 
  3.3   subsequent motion may be filed within one year after disposition 
  3.4   of a prior motion on its merits. 
  3.5      Sec. 3.  Minnesota Statutes 1994, section 257.022, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 3a.  [GRANDPARENT VISITATION WITH AN ADOPTED 
  3.8   CHILD.] A grandparent of an adopted child may petition and a 
  3.9   court may grant an order setting visitation with the child if: 
  3.10     (1) the grandparent is the parent of: 
  3.11     (i) a deceased parent of the child; or 
  3.12     (ii) a parent of the child whose parental relationship was 
  3.13  terminated by a decree of adoption pursuant to section 259.59, 
  3.14  subdivision 1; 
  3.15     (2) the child has been adopted by a stepparent; and 
  3.16     (3) the court determines that the requested visitation: 
  3.17     (i) is in the best interests of the child; and 
  3.18     (ii) would not interfere with the parent and child 
  3.19  relationship. 
  3.20     Failure to comply with the terms of an order for visitation 
  3.21  granted under this subdivision is not a basis for revoking, 
  3.22  setting aside, or otherwise challenging the validity of a 
  3.23  consent, relinquishment, or adoption of a child. 
  3.24     Sec. 4.  Minnesota Statutes 1994, section 259.20, 
  3.25  subdivision 2, is amended to read: 
  3.26     Subd. 2.  Portions of chapters 245A, 257, 260, and 317A may 
  3.27  also affect the adoption of a particular child.  Provisions of 
  3.28  the Indian Child Welfare Act, United States Code, title 25, 
  3.29  chapter 21, sections 1901-23, may also apply in the adoption of 
  3.30  an Indian child, and may preempt specific provisions of this 
  3.31  chapter. 
  3.32     Sec. 5.  Minnesota Statutes 1994, section 259.22, 
  3.33  subdivision 4, is amended to read: 
  3.34     Subd. 4.  [TIME FOR FILING PETITION.] A petition shall be 
  3.35  filed not later than 24 months after a child is placed in a 
  3.36  prospective adoptive home.  If a petition is not filed by that 
  4.1   time, the agency that placed the child, or, in a direct adoptive 
  4.2   placement, the agency that prepared the postplacement adoptive 
  4.3   study is supervising the placement shall file with the district 
  4.4   court in the county where the prospective adoptive parent 
  4.5   resides a motion for an order and a report recommending one of 
  4.6   the following: 
  4.7      (1) that the time for filing a petition be extended because 
  4.8   of the child's special needs as defined under title IV-E of the 
  4.9   Social Security Act, United States Code, title 42, section 
  4.10  673; or 
  4.11     (2) that, based on a written plan for completing filing of 
  4.12  the petition, including a specific timeline, to which the 
  4.13  prospective adoptive parents have agreed, the time for filing a 
  4.14  petition be extended long enough to complete the plan because 
  4.15  such an extension is in the best interests of the child; or 
  4.16     (3) that the child be removed from the prospective adoptive 
  4.17  home. 
  4.18     The prospective adoptive parent must reimburse an agency 
  4.19  for the cost of preparing and filing the motion and report under 
  4.20  this section, unless the costs are reimbursed by the 
  4.21  commissioner under section 259.67 or 259.73. 
  4.22     Sec. 6.  Minnesota Statutes 1994, section 259.24, 
  4.23  subdivision 2a, is amended to read: 
  4.24     Subd. 2a.  [TIME OF CONSENT.] (a) Not sooner than 72 hours 
  4.25  after the birth of a child and not later than 60 days after the 
  4.26  child's placement in a prospective adoptive home, a person whose 
  4.27  consent is required under this section shall execute a consent. 
  4.28     (b) A birth parent who intends to execute a consent to 
  4.29  adopt the child must give notice to the other birth parent of 
  4.30  the intent to consent to adopt prior to or within 72 hours 
  4.31  following the placement of the child, if the other birth 
  4.32  parent's consent to the adoption is required under subdivision 
  4.33  1.  The birth parent who receives notice shall have 60 days 
  4.34  after the placement of the child to either consent or refuse to 
  4.35  consent to the adoption.  If the birth parent who receives 
  4.36  notice fails to take either of these actions, that parent shall 
  5.1   be deemed to have irrevocably consented to the child's adoption. 
  5.2      (c) Notice shall be provided to the other birth parent in 
  5.3   the manner provided in the rules of civil procedure for service 
  5.4   of a summons and complaint. 
  5.5      Sec. 7.  Minnesota Statutes 1994, section 259.41, is 
  5.6   amended to read: 
  5.7      259.41 [ADOPTION STUDY.] 
  5.8      Subdivision 1.  [STUDY REQUIRED BEFORE PLACEMENT; CERTAIN 
  5.9   RELATIVES EXCEPTED.] An adoption study and written report must 
  5.10  be completed before the child is placed in a prospective 
  5.11  adoptive home under this chapter and the study, except as 
  5.12  allowed by section 259.47, subdivision 6.  In an agency 
  5.13  placement, the report must be completed and filed with the court 
  5.14  at the time the adoption petition is filed.  In a direct 
  5.15  adoptive placement, the report must be filed with the court in 
  5.16  support of a motion for temporary preadoptive custody under 
  5.17  section 259.47, subdivision 3, or, if the study and report are 
  5.18  complete, in support of an emergency order under section 259.47, 
  5.19  subdivision 6.  The study and report shall be completed by a 
  5.20  licensed child-placing agency and must be thorough and 
  5.21  comprehensive.  The study and report shall be paid for by the 
  5.22  prospective adoptive parent, except as otherwise required under 
  5.23  section 259.67 or 259.73.  
  5.24     A stepparent placement for adoption with an individual who 
  5.25  is related to the child, as defined by section 245A.02, 
  5.26  subdivision 13, is not subject to this section. 
  5.27     Subd. 2.  [FORM OF STUDY.] The adoption study must include 
  5.28  at least one in-home visit with the prospective adoptive 
  5.29  parent.  At a minimum, the study must include the following 
  5.30  about the prospective adoptive parent: 
  5.31     (1) a background check of criminal conviction data, data on 
  5.32  substantiated maltreatment of a child under section 626.556, and 
  5.33  domestic violence data of each person over the age of 13 living 
  5.34  in the home.  The prospective adoptive parents, the bureau of 
  5.35  criminal apprehension, and other state, county, and local 
  5.36  agencies, after written notice to the subject of the study, 
  6.1   shall give the agency completing the adoption study 
  6.2   substantiated criminal conviction data and reports about 
  6.3   maltreatment of minors and vulnerable adults and domestic 
  6.4   violence.  The adoption study must also include a check of the 
  6.5   juvenile court records of each person over the age of 13 living 
  6.6   in the home.  Notwithstanding provisions of section 260.161 to 
  6.7   the contrary, the juvenile court shall release the requested 
  6.8   information to the agency completing the adoption study.  The 
  6.9   study must include as required by subdivision 3, and an 
  6.10  evaluation of the effect of a conviction or finding of 
  6.11  substantiated maltreatment on the ability to care for a child; 
  6.12     (2) a medical and social history and assessment of current 
  6.13  health; 
  6.14     (3) an assessment of potential parenting skills; 
  6.15     (4) an assessment of ability to provide adequate financial 
  6.16  support for a child; and 
  6.17     (5) an assessment of the level of knowledge and awareness 
  6.18  of adoption issues including, where appropriate, matters 
  6.19  relating to interracial, cross-cultural, and special needs 
  6.20  adoptions. 
  6.21     The adoption study must include at least one in-home visit 
  6.22  with the prospective adoptive parent.  The adoption study is the 
  6.23  basis for completion of a written report.  The report must be in 
  6.24  a format specified by the commissioner and must contain 
  6.25  recommendations regarding the suitability of the subject of the 
  6.26  study to be an adoptive parent.  An adoption study report is 
  6.27  valid for 12 months following its date of completion. 
  6.28     Subd. 3.  [BACKGROUND CHECK; AFFIDAVIT OF HISTORY.] A (a) 
  6.29  At the time an adoption study is commenced, each prospective 
  6.30  adoptive parent seeking a study under this section must: 
  6.31     (1) authorize access by the agency to any private data 
  6.32  needed to complete the study, must; 
  6.33     (2) provide all addresses at which the prospective adoptive 
  6.34  parent and anyone in the household over the age of 13 has 
  6.35  resided in the previous ten years; 
  6.36     (3) disclose any names used previously other than the name 
  7.1   used at the time of the study,; and 
  7.2      must (4) provide a set of fingerprints, which shall be 
  7.3   forwarded to the bureau of criminal apprehension to facilitate 
  7.4   the criminal conviction background check required under clause 
  7.5   (1) paragraph (b). 
  7.6      (b) When the requirements of paragraph (a) have been met, 
  7.7   the agency shall immediately begin a background check, on each 
  7.8   person over the age of 13 living in the home, consisting, at a 
  7.9   minimum, of the following: 
  7.10     (1) a check of criminal conviction data with the bureau of 
  7.11  criminal apprehension and local law enforcement authorities; 
  7.12     (2) a check for data on substantiated maltreatment of a 
  7.13  child or vulnerable adult and domestic violence data with local 
  7.14  law enforcement and social services agencies and district 
  7.15  courts; and 
  7.16     (3) for those persons under the age of 25, a check of 
  7.17  juvenile court records. 
  7.18     The bureau of criminal apprehension, local law enforcement 
  7.19  and social services agencies, district courts, and, 
  7.20  notwithstanding provisions of section 260.161 to the contrary, 
  7.21  juvenile courts shall release the requested information to the 
  7.22  agency completing the adoption study. 
  7.23     When this paragraph requires checking the data or records 
  7.24  of local law enforcement and social services agencies and 
  7.25  district and juvenile courts, the agency shall check with the 
  7.26  law enforcement and social services agencies and courts whose 
  7.27  jurisdictions include the addresses provided under paragraph 
  7.28  (a), clause (2).  In the event that the agency is unable to 
  7.29  complete any of the records checks required by this paragraph, 
  7.30  the agency shall document that fact and the agency's efforts to 
  7.31  obtain the information. 
  7.32     (c) At any time prior to completion of the background check 
  7.33  required under paragraph (b), a prospective adoptive parent may 
  7.34  submit to the agency conducting the study a sworn affidavit 
  7.35  stating whether they or any person residing in the household 
  7.36  have been convicted of a crime.  The affidavit shall also state 
  8.1   whether the adoptive parent or any other person residing in the 
  8.2   household is the subject of an open investigation of, or have 
  8.3   been the subject of a substantiated allegation of, child or 
  8.4   vulnerable-adult maltreatment within the past ten years.  A 
  8.5   complete description of the crime, open investigation, or 
  8.6   substantiated abuse, and a complete description of any sentence, 
  8.7   treatment, or disposition must be included.  The affidavit must 
  8.8   contain an acknowledgment that if, at any time before the 
  8.9   adoption is final, a court receives evidence leading to a 
  8.10  conclusion that a prospective adoptive parent knowingly gave 
  8.11  false information in the affidavit, it shall be determined that 
  8.12  the adoption of the child by the prospective adoptive parent is 
  8.13  not in the best interests of the child. 
  8.14     (d) For the purposes of subdivision 1 and section 259.47, 
  8.15  subdivisions 3 and 6, an adoption study is complete for 
  8.16  placement, even though the background checks required by 
  8.17  paragraph (b) have not been completed, if each prospective 
  8.18  adoptive parent has completed the affidavit allowed by paragraph 
  8.19  (c) and the other requirements of this section have been met.  
  8.20  The background checks required by paragraph (b) must be 
  8.21  completed before an adoption petition is filed.  If an adoption 
  8.22  study has been submitted to the court under section 259.47, 
  8.23  subdivision 3 or 6 before the background checks required by 
  8.24  paragraph (c) were complete, an updated adoption study report 
  8.25  which includes the results of the background check must be filed 
  8.26  with the adoption petition. 
  8.27     Subd. 4.  [UPDATES TO ADOPTION STUDY; PERIOD OF 
  8.28  VALIDITY.] An agency may update an adoption study and report as 
  8.29  needed, regardless of when the original study and report or most 
  8.30  recent update was completed.  An update must be in a format 
  8.31  specified by the commissioner and must verify the continuing 
  8.32  accuracy of the elements of the original report and document any 
  8.33  changes to elements of the original report.  An update to a 
  8.34  study and report not originally completed under this section 
  8.35  must assure that the study and report, as updated, meet the 
  8.36  requirements of this section.  An adoption study is valid if the 
  9.1   report has been completed or updated within the previous 12 
  9.2   months. 
  9.3      Sec. 8.  Minnesota Statutes 1994, section 259.47, 
  9.4   subdivision 3, is amended to read: 
  9.5      Subd. 3.  [PREADOPTIVE CUSTODY ORDER.] (a) Before a child 
  9.6   is placed in a prospective adoptive home by a birth parent or 
  9.7   legal guardian, other than an agency, the placement must be 
  9.8   approved by the district court in the county where the 
  9.9   prospective adoptive parent resides.  An order under this 
  9.10  subdivision or subdivision 6 shall state that the prospective 
  9.11  adoptive parent's right to custody of the child is subject to 
  9.12  the birth parent's right to custody until the consents to the 
  9.13  child's adoption become irrevocable.  At the time of placement, 
  9.14  prospective adoptive parents must have for the child qualifying 
  9.15  existing coverage as defined in section 62L.02, subdivision 24, 
  9.16  or other similar comprehensive health care coverage.  The 
  9.17  prospective adoptive parent must meet the residence requirements 
  9.18  of section 259.22, subdivision 1, and must file with the court 
  9.19  an affidavit of intent to remain a resident of the state for at 
  9.20  least three months after the child is placed in the prospective 
  9.21  adoptive home.  The prospective adoptive parent shall file with 
  9.22  the court a notice of intent to file an adoption petition and 
  9.23  submit a written motion seeking an order granting temporary 
  9.24  preadoptive custody.  The notice and motion required under this 
  9.25  subdivision may be considered by the court ex parte, without a 
  9.26  hearing.  The prospective adoptive parent shall serve a copy of 
  9.27  the notice and motion upon any parent whose consent is required 
  9.28  under section 259.24 or who is named in the affidavit required 
  9.29  under paragraph (b) if that person's mailing address is known.  
  9.30  The motion may be filed up to 60 days before the placement is to 
  9.31  be made and must include:  
  9.32     (1) the adoption study required under section 259.41; 
  9.33     (2) affidavits from the birth parents indicating their 
  9.34  support of the motion, or, if there is no affidavit from the 
  9.35  birth father, an affidavit from the birth mother under paragraph 
  9.36  (b); 
 10.1      (3) an itemized statement of expenses that have been paid 
 10.2   and an estimate of expenses that will be paid by the prospective 
 10.3   adoptive parents to the birth parents, any agency, attorney, or 
 10.4   other party in connection with the prospective adoption; 
 10.5      (4) the name of counsel for each party, if any; 
 10.6      (5) a statement that the birth parents: 
 10.7      (i) have provided the social and medical history required 
 10.8   under section 259.43 to the prospective adoptive parent; 
 10.9      (ii) have received the written statement of their legal 
 10.10  rights and responsibilities under section 259.39; and 
 10.11     (iii) have been notified of their right to receive 
 10.12  counseling under subdivision 4; and 
 10.13     (6) the name of the agency chosen by the adoptive parent to 
 10.14  supervise the adoptive placement and complete the postplacement 
 10.15  adoption study assessment required by section 259.53, 
 10.16  subdivision 9 2. 
 10.17     The court shall review the expense statement submitted 
 10.18  under this subdivision to determine whether payments made or to 
 10.19  be made by the prospective adoptive parent are lawful and in 
 10.20  accordance with section 259.55, subdivision 1. 
 10.21     (b) If the birth mother submits the affidavit required in 
 10.22  paragraph (a), clause (2), but the birth father fails to do so, 
 10.23  the birth mother must submit an additional affidavit that 
 10.24  describes her good faith efforts or efforts made on her behalf 
 10.25  to identify and locate the birth father for purposes of securing 
 10.26  his consent.  In the following circumstances the birth mother 
 10.27  may instead submit an affidavit stating on which ground she is 
 10.28  exempt from making efforts to identify and locate the father: 
 10.29     (1) the child was conceived as the result of incest or 
 10.30  rape; 
 10.31     (2) efforts to locate the father by the affiant or anyone 
 10.32  acting on the affiant's behalf could reasonably result in 
 10.33  physical harm to the birth mother or child; or 
 10.34     (3) efforts to locate the father by the affiant or anyone 
 10.35  acting on the affiant's behalf could reasonably result in severe 
 10.36  emotional distress of the birth mother or child. 
 11.1      A court shall consider the motion for temporary preadoptive 
 11.2   custody within 30 days of receiving the motion or by the 
 11.3   anticipated placement date stated in the motion, whichever comes 
 11.4   sooner. 
 11.5      Sec. 9.  Minnesota Statutes 1994, section 259.47, 
 11.6   subdivision 6, is amended to read: 
 11.7      Subd. 6.  [EMERGENCY ORDER.] (a) A court may issue an 
 11.8   emergency order granting temporary preadoptive custody of a 
 11.9   child to a prospective adoptive parent for up to 14 days if the 
 11.10  following conditions are met:. 
 11.11     (1) the motion is The prospective adoptive parent shall 
 11.12  submit a written motion to the court.  The motion must be 
 11.13  supported by: 
 11.14     (1) affidavits from the prospective adoptive parents and 
 11.15  birth parents indicating that an emergency order is needed 
 11.16  because of the unexpected premature birth of the child or other 
 11.17  specifically described extraordinary circumstances which 
 11.18  prevented the completion of the requirements of subdivision 3; 
 11.19     (2) the information required by subdivision 3, paragraph 
 11.20  (a), clauses (2) and (5), items (ii) and (iii); and 
 11.21     (3) either: 
 11.22     (i) a completed adoption study report which meets the 
 11.23  requirements of section 259.41; or 
 11.24     (ii) the affidavits from each prospective adoptive parent 
 11.25  stating whether they or any person residing in the household 
 11.26  have been convicted of a crime or are the subject of an open 
 11.27  investigation of, or have been the subject of a substantiated 
 11.28  allegation of, child or vulnerable-adult abuse within the past 
 11.29  ten years.  If so, a complete description of the crime, open 
 11.30  investigation, or substantiated abuse and a complete description 
 11.31  of any sentence, treatment, or disposition must be included.  
 11.32  If, at any time before the adoption is final, a court receives 
 11.33  evidence leading it to conclude that a prospective adoptive 
 11.34  parent knowingly gave false information in this affidavit, it 
 11.35  shall be presumed that the placement of the child with the 
 11.36  adoptive parent is not in the best interests of the child; and 
 12.1      (iii) the information required by subdivision 3, paragraph 
 12.2   (a), clauses (2), and (5), items (ii) and (iii); and 
 12.3      (iv) affidavits from the prospective adoptive parent and 
 12.4   birth parent indicating that an emergency order is needed 
 12.5   because of the unexpected premature birth of the child or other 
 12.6   specifically described extraordinary circumstances which 
 12.7   prevented the completion of the requirements of this section; 
 12.8   and allowed by section 259.41, subdivision 3, paragraph (c). 
 12.9      (2) The court shall issue the emergency order if it 
 12.10  concludes from the record submitted that the emergency order 
 12.11  will preserve not compromise the health and or safety of the 
 12.12  child. 
 12.13     (b) An order granting or denying the motion shall be issued 
 12.14  under this section within 24 hours of the time it is brought.  
 12.15  Notwithstanding section 259.23, any judge of district court may 
 12.16  consider a motion brought under this subdivision.  An order 
 12.17  granting the motion shall direct that an adoption study be 
 12.18  commenced immediately, if that has not occurred, and that the 
 12.19  agency conducting the study shall supervise the emergency 
 12.20  placement. 
 12.21     (c) An emergency order under this subdivision expires 14 
 12.22  days after it is issued.  If the requirements of subdivision 3 
 12.23  are completed and a preadoptive custody motion is filed on or 
 12.24  before the expiration of the emergency order, placement may 
 12.25  continue until the court rules on the motion.  The court shall 
 12.26  consider the preadoptive custody motion within seven days of 
 12.27  filing. 
 12.28     Sec. 10.  Minnesota Statutes 1994, section 259.47, 
 12.29  subdivision 7, is amended to read: 
 12.30     Subd. 7.  [CONSENT; TIME FRAME; HEARING; VENUE; 
 12.31  COMMISSIONER'S FORM.] Not sooner than 72 hours after the birth 
 12.32  of a child and not later than 60 days after the child's 
 12.33  placement in a prospective adoptive home under this section, a 
 12.34  person whose consent is required under section 259.24 shall 
 12.35  execute a consent.  A birth parent, whose consent is required 
 12.36  under section 259.24 and who has chosen not to receive 
 13.1   counseling through a licensed agency or a licensed social 
 13.2   services professional trained in adoption issues, shall appear 
 13.3   before a judge or judicial officer to sign the written consent 
 13.4   to the child's adoption by the prospective adoptive parent who 
 13.5   has temporary preadoptive custody of the child.  Notwithstanding 
 13.6   where the prospective adoptive parent resides, the consent 
 13.7   hearing may be held in any county in this state where the birth 
 13.8   parent is found.  If a consent hearing is held in a county other 
 13.9   than where the prospective adoptive parent resides, the court 
 13.10  shall forward the executed consent to the district court in the 
 13.11  county where the prospective adoptive parent resides.  If a 
 13.12  birth parent has chosen to receive counseling through a licensed 
 13.13  agency or a licensed social services professional trained in 
 13.14  adoption issues, the birth parent may choose to execute a 
 13.15  written consent under section 259.24, subdivision 5.  A person 
 13.16  whose consent is required under section 259.24, subdivision 2, 
 13.17  may choose to execute consent at a judicial hearing as described 
 13.18  in this section or under the procedures in section 259.24, 
 13.19  subdivision 5. 
 13.20     The consent becomes irrevocable on the tenth working day 
 13.21  after it is given, except that if the consent was obtained by 
 13.22  fraud, proceedings to determine the existence of fraud shall be 
 13.23  governed by section 259.24, subdivision 6a.  Until the consent 
 13.24  becomes irrevocable, the child shall be returned to the birth 
 13.25  parent upon request. 
 13.26     The written consent under this subdivision must state that: 
 13.27     (1) the birth parent has had the opportunity to consult 
 13.28  with independent legal counsel at the expense of the prospective 
 13.29  adoptive parent, unless the birth parent knowingly waived the 
 13.30  opportunity; 
 13.31     (2) the birth parent was notified of the right to receive 
 13.32  counseling at the expense of the prospective adoptive parent and 
 13.33  has chosen to exercise or waive that right; and 
 13.34     (3) the birth parent was informed that if the birth parent 
 13.35  withdraws consent, the prospective adoptive parent cannot 
 13.36  require the birth parent to reimburse any costs the prospective 
 14.1   adoptive parent has incurred in connection with the adoption, 
 14.2   including payments made to or on behalf of the birth parent. 
 14.3      If a birth parent has chosen to have legal counsel, the 
 14.4   attorney must be present at the execution of consents.  If a 
 14.5   birth parent waives counsel, the written waiver must be filed 
 14.6   with the consent under this subdivision. 
 14.7      The consent signed under this subdivision must be on a form 
 14.8   prepared by the commissioner and made available to agencies and 
 14.9   court administrators for public distribution. 
 14.10     Sec. 11.  Minnesota Statutes 1994, section 259.47, 
 14.11  subdivision 8, is amended to read: 
 14.12     Subd. 8.  [NOTICE AND CONSENT DEADLINE; CONSENT HEARING; 
 14.13  BIRTH PARENT NOT APPEARING FAILURE TO EXECUTE CONSENTS.] (a) 
 14.14  With the exception of those cases where a person who receives 
 14.15  notice under paragraph (b) section 259.24, subdivision 2a, if a 
 14.16  birth parent whose consent is required under section 259.24 does 
 14.17  not appear at a consent hearing under this section execute a 
 14.18  consent by the end of the period specified in section 259.24, 
 14.19  subdivision 2a, the agency which is supervising the placement 
 14.20  shall notify the court and the court shall issue an order 
 14.21  regarding continued placement of the child.  The court shall 
 14.22  order the local social services agency to determine whether to 
 14.23  commence proceedings for termination of parental rights on 
 14.24  grounds of abandonment as defined in section 260.221.  The court 
 14.25  may disregard the six- and 12-month requirements of section 
 14.26  260.221, paragraph (b), clause (1), item (i), in finding 
 14.27  abandonment if the birth parent has failed to execute a consent 
 14.28  within the time required under this section and has made no 
 14.29  effort to obtain custody of the child. 
 14.30     (b) A birth parent who intends to consent to the adoption 
 14.31  of a child shall notify the other birth parent of that fact if 
 14.32  the other birth parent's consent to the adoption is required 
 14.33  under section 259.24, subdivision 1, at the time of placement.  
 14.34  Notice shall be provided to the other birth parent by personal 
 14.35  service in the manner provided in the rules of civil procedure 
 14.36  for service of a summons and complaint within 72 hours of the 
 15.1   date on which the child is placed.  The notice shall inform the 
 15.2   birth parent of the notifying birth parent's intent regarding 
 15.3   consent to adoption and shall notify the receiving birth parent 
 15.4   that, not later than 60 days after the date of service, the 
 15.5   birth parent must either consent or refuse to consent to the 
 15.6   adoption.  On the 61st day following service of the notice 
 15.7   required under this subdivision, a birth parent who fails to 
 15.8   take either of these actions, is deemed to have consented to the 
 15.9   child's adoption regarding the child. 
 15.10     Sec. 12.  Minnesota Statutes 1994, section 259.47, 
 15.11  subdivision 10, is amended to read: 
 15.12     Subd. 10.  [RECORDS.] All records filed with the court 
 15.13  In any adoption completed pursuant to a direct adoptive 
 15.14  placement under this section, a record, consisting of the 
 15.15  adoption study report and updates required by section 259.41; 
 15.16  the birth parent history required by section 259.43; the 
 15.17  original birth certificate; and the hospital discharge form, 
 15.18  must be permanently maintained by the agency which completed the 
 15.19  adoption study supervised the placement.  The birth parents, 
 15.20  adoptive parents, or their representatives shall provide copies 
 15.21  of these documents to the agency upon request.  Notwithstanding 
 15.22  the provisions of section 259.61, an agency shall, upon request, 
 15.23  be given any court records needed to provide postadoption 
 15.24  services pursuant to section 259.83 at the request of adoptive 
 15.25  parents, birth parents, or adopted individuals age 19 or older. 
 15.26     Sec. 13.  Minnesota Statutes 1994, section 259.53, 
 15.27  subdivision 2, is amended to read: 
 15.28     Subd. 2.  [ADOPTION AGENCIES; POSTPLACEMENT ASSESSMENT AND 
 15.29  REPORT.] Notwithstanding the provisions of subdivision 1, if the 
 15.30  child to be adopted has been committed to the guardianship of an 
 15.31  agency pursuant to section 260.241, or if the child has been 
 15.32  surrendered to an agency pursuant to section 259.25, or the 
 15.33  child's direct adoptive placement is being supervised by an 
 15.34  agency pursuant to section 259.47, the court shall refer the 
 15.35  adoption petition to the agency, or, if the adopting parent has 
 15.36  a stepparent relationship to the child, to the local social 
 16.1   services agency of the county in which the adoption is pending.  
 16.2      The agency or local social services agency, within 90 days 
 16.3   of receipt of a copy of the adoption petition, shall conduct a 
 16.4   postplacement assessment and file a report with the court a.  
 16.5   The assessment and report of its investigation of must address 
 16.6   the environment and antecedents of the child to be adopted and 
 16.7   of, the home of the petitioners, and its determination whether 
 16.8   the home of the petitioners meets the preferences described in 
 16.9   section 259.57, subdivision 2.  
 16.10     At a minimum, the postplacement assessment and report must 
 16.11  address the following: 
 16.12     (1) the level of adaptation by the prospective adoptive 
 16.13  parents to parenting the child; 
 16.14     (2) the health and well-being of the child in the 
 16.15  prospective adoptive parents' home; 
 16.16     (3) the level of incorporation by the child into the 
 16.17  prospective adoptive parents' home, extended family, and 
 16.18  community; and 
 16.19     (4) the level of incorporation of the child's previous 
 16.20  history into the prospective adoptive home, such as cultural or 
 16.21  ethnic practices, or contact with former foster parents or 
 16.22  biological relatives.  
 16.23     In a direct adoptive placement, the report shall also be 
 16.24  filed with the local social services agency in the county where 
 16.25  the prospective adoptive parent resides.  The local social 
 16.26  services agency may seek a court order to remove the child from 
 16.27  the prospective adoptive home if the report recommends removal 
 16.28  of the child and the agency finds that continued placement in 
 16.29  the adoptive home endangers the physical or emotional health of 
 16.30  the child.  If the report disapproves of the adoption of the 
 16.31  child, the agency or local social services agency may recommend 
 16.32  that the court dismiss the petition.  In the case of a direct 
 16.33  adoptive placement under section 259.47, a postplacement 
 16.34  adoption study completed under section 259.47, subdivision 9, 
 16.35  shall be considered as meeting the requirement for a report 
 16.36  under this section.  A postplacement adoption report is valid 
 17.1   for 12 months after its date of completion. 
 17.2      Sec. 14.  Minnesota Statutes 1994, section 259.55, 
 17.3   subdivision 1, is amended to read: 
 17.4      Subdivision 1.  [AUTHORIZED PAYMENTS.] In any adoption 
 17.5   under this chapter, a prospective adoptive parent or anyone 
 17.6   acting in concert with, at the direction of, or on behalf of a 
 17.7   prospective adoptive parent may pay only the following expenses 
 17.8   of the birth parent: 
 17.9      (1) reasonable counseling, medical, and legal fees, which 
 17.10  shall be paid directly to the provider of the service; 
 17.11     (2) reasonable expenses for transportation, meals, and 
 17.12  lodging incurred for placement of the child or in order to 
 17.13  receive counseling, legal, or medical services related to the 
 17.14  pregnancy, birth, or placement; 
 17.15     (3) reasonable expenses for adoption services provided by 
 17.16  an agency at the request of the birth parent, which shall be 
 17.17  paid directly to the agency; and 
 17.18     (4)(i) reasonable living expenses of the birth mother which 
 17.19  are needed to maintain an adequate standard of living which the 
 17.20  birth mother is unable to otherwise maintain because of loss of 
 17.21  income or other support resulting from the pregnancy.  The 
 17.22  payments may cover expenses incurred during the 
 17.23  pregnancy-related incapacity but not for a period longer than 
 17.24  six weeks following delivery; 
 17.25     (ii) the payment shall not be contingent upon placement of 
 17.26  the child for adoption, consent to adoption, or cooperation in 
 17.27  the completion of the adoption; and 
 17.28     (iii) reasonable living expenses does not include expenses 
 17.29  for lost wages, gifts, educational expenses, or other similar 
 17.30  expenses of the birth mother. 
 17.31     Sec. 15.  Minnesota Statutes 1994, section 259.59, 
 17.32  subdivision 1, is amended to read: 
 17.33     Subdivision 1.  Upon adoption, the child shall become the 
 17.34  legal child of the adopting persons and they shall become the 
 17.35  legal parents of the child with all the rights and duties 
 17.36  between them of birth parents and legitimate child.  By virtue 
 18.1   of the adoption the child shall inherit from the adoptive 
 18.2   parents or their relatives the same as though the child were the 
 18.3   natural child of the parents, and in case of the child's death 
 18.4   intestate the adoptive parents and their relatives shall inherit 
 18.5   the child's estate as if they had been the child's birth parents 
 18.6   and relatives.  After a decree of adoption is entered the birth 
 18.7   parents of an adopted child shall be relieved of all parental 
 18.8   responsibilities for the child, and they shall not exercise or 
 18.9   have any rights over the adopted child or the child's property.  
 18.10  The child shall not owe the birth parents or their relatives any 
 18.11  legal duty nor shall the child inherit from the birth parents or 
 18.12  kindred, except as provided in subdivision 1a and section 
 18.13  257.022, subdivision 3a. 
 18.14     Sec. 16.  [259.60] [INTERCOUNTRY ADOPTIONS; OBTAINING 
 18.15  AMENDED BIRTH CERTIFICATE.] 
 18.16     Subdivision 1.  [VALIDITY OF INTERCOUNTRY ADOPTION.] The 
 18.17  adoption of a child by a resident of this state under the laws 
 18.18  of a foreign country is valid and binding under the laws of this 
 18.19  state if the validity of the foreign adoption has been verified 
 18.20  by the granting of an IR-3 visa for the child by the United 
 18.21  States Immigration and Naturalization Service. 
 18.22     Subd. 2.  [AMENDED BIRTH CERTIFICATE; PROCEDURE AND 
 18.23  ORDER.] (a) Under the procedures in paragraph (b), a person, 
 18.24  whose adoption of a child under the laws of a foreign country is 
 18.25  valid in this state under subdivision 1, may petition the 
 18.26  district court in the county where the adoptive parent resides 
 18.27  for a decree confirming and recognizing the adoption and for a 
 18.28  new birth certificate for the child. 
 18.29     (b) A court shall issue the decree and birth certificate 
 18.30  upon receipt of the following documents: 
 18.31     (1) a petition by the adoptive parent requesting that the 
 18.32  court issue a Minnesota birth certificate, and stating that the 
 18.33  adoptive parent completed adoption of the child under the laws 
 18.34  of a foreign country and that the adoption is valid in this 
 18.35  state under subdivision 1.  The petition must be in the form of 
 18.36  a signed, sworn, and notarized statement; 
 19.1      (2) a copy of the child's original birth certificate, if 
 19.2   available; 
 19.3      (3) a copy of the final adoption certificate or equivalent 
 19.4   as issued by the foreign jurisdiction; 
 19.5      (4) a copy of the child's passport including the United 
 19.6   States visa indicating IR-3 immigration status; and 
 19.7      (5) certified English translations of any of the documents 
 19.8   in clauses (2) to (4) that are not written in the English 
 19.9   language. 
 19.10     Sec. 17.  Minnesota Statutes 1994, section 259.67, 
 19.11  subdivision 7, is amended to read: 
 19.12     Subd. 7.  [REIMBURSEMENT OF COSTS.] Subject to rules of the 
 19.13  commissioner, and the provisions of this subdivision a 
 19.14  Minnesota-licensed child-placing agency or county local social 
 19.15  service services agency shall receive a reimbursement from the 
 19.16  commissioner equal to 100 percent of the reasonable and 
 19.17  appropriate cost of providing adoption services for a child 
 19.18  certified as eligible for adoption assistance.  Such assistance 
 19.19  may include adoptive family recruitment, counseling, and special 
 19.20  training when needed.  A Minnesota-licensed child-placing agency 
 19.21  shall receive reimbursement for adoption services it purchases 
 19.22  for or directly provides to an eligible child.  A county local 
 19.23  social service services agency shall receive such reimbursement 
 19.24  only for adoption services it purchases for an eligible child. 
 19.25     A Minnesota-licensed child-placing agency or county local 
 19.26  social service services agency seeking reimbursement under this 
 19.27  subdivision shall enter into a reimbursement agreement with the 
 19.28  commissioner before providing adoption services for which 
 19.29  reimbursement is sought.  No reimbursement under this 
 19.30  subdivision shall be made to an agency for services provided 
 19.31  prior to entering a reimbursement agreement.  Separate 
 19.32  reimbursement agreements shall be made for each child and 
 19.33  separate records shall be kept on each child for whom a 
 19.34  reimbursement agreement is made.  Funds encumbered and obligated 
 19.35  under such an agreement for the child remain available until the 
 19.36  terms of the agreement are fulfilled or the agreement is 
 20.1   terminated. 
 20.2      When a local social services agency uses a purchase of 
 20.3   service agreement to provide services reimbursable under a 
 20.4   reimbursement agreement, the commissioner may make reimbursement 
 20.5   payments directly to the agency providing the service if direct 
 20.6   reimbursement is specified by the purchase of service agreement, 
 20.7   and if the request for reimbursement is submitted by the local 
 20.8   social services agency along with a verification that the 
 20.9   service was provided. 
 20.10     Sec. 18.  [259.78] [GRANDPARENT VISITATION.] 
 20.11     Grandparent visitation with an adopted child is governed by 
 20.12  section 257.022. 
 20.13     Sec. 19.  Minnesota Statutes 1994, section 259.79, 
 20.14  subdivision 3, is amended to read: 
 20.15     Subd. 3.  [RETENTION; RECORDS MADE PUBLIC.] All adoption 
 20.16  records shall be retained on a permanent basis under a protected 
 20.17  record system which ensures confidentiality and lasting 
 20.18  preservation.  All adoption records shall become public records 
 20.19  on the 75th anniversary of the granting of the adoption decree. 
 20.20     Sec. 20.  Minnesota Statutes 1994, section 259.83, 
 20.21  subdivision 3, is amended to read: 
 20.22     Subd. 3.  [IDENTIFYING INFORMATION.] In agency adoptive 
 20.23  placements made on and after August 1, 1982, the agency 
 20.24  responsible for or supervising the placement shall obtain from 
 20.25  the birth parents named on the original birth certificate an 
 20.26  affidavit attesting to the following:  
 20.27     (a) That the birth parent has been informed of the right of 
 20.28  the adopted person at the age specified in section 259.89 to 
 20.29  request from the agency the name, last known address, birthdate 
 20.30  and birthplace of the birth parents named on the adopted 
 20.31  person's original birth certificate; 
 20.32     (b) That each birth parent may file in the agency record an 
 20.33  affidavit objecting to the release of any or all of the 
 20.34  information listed in clause (a) about that birth parent, and 
 20.35  that parent only, to the adopted person; 
 20.36     (c) That if the birth parent does not file an affidavit 
 21.1   objecting to release of information before the adopted person 
 21.2   reaches the age specified in section 259.89, the agency will 
 21.3   provide the adopted person with the information upon request; 
 21.4      (d) That notwithstanding the filing of an affidavit, the 
 21.5   adopted person may petition the court pursuant to section 259.61 
 21.6   for release of identifying information about a birth parent; 
 21.7      (e) That the birth parent shall then have the opportunity 
 21.8   to present evidence to the court that nondisclosure of 
 21.9   identifying information is of greater benefit to the birth 
 21.10  parent than disclosure to the adopted person; and 
 21.11     (f) That any objection filed by the birth parent shall 
 21.12  become invalid when withdrawn by the birth parent or when the 
 21.13  birth parent dies.  Upon receipt of a death certificate for the 
 21.14  birth parent, the agency shall release the identifying 
 21.15  information to the adopted person if requested.  
 21.16     Sec. 21.  Minnesota Statutes 1994, section 259.89, 
 21.17  subdivision 1, is amended to read: 
 21.18     Subdivision 1.  [REQUEST.] An adopted person who is 19 
 21.19  years of age or over may request the commissioner of health to 
 21.20  disclose the information on the adopted person's original birth 
 21.21  certificate.  Except in the case of a request described in 
 21.22  subdivision 1a, the commissioner of health shall, within five 
 21.23  days of receipt of the request, notify the commissioner of human 
 21.24  services in writing of the request by the adopted person.  
 21.25     Sec. 22.  Minnesota Statutes 1994, section 259.89, is 
 21.26  amended by adding a subdivision to read: 
 21.27     Subd. 1a.  [CERTAIN REQUESTS.] Notwithstanding any other 
 21.28  provisions of this chapter, the commissioner of health shall 
 21.29  disclose the information on the adopted person's original birth 
 21.30  certificate to any adopted person who was adopted before August 
 21.31  1, 1982, and who is 65 years of age or over, unless either 
 21.32  parent identified on the birth certificate has at any time filed 
 21.33  with the commissioner of health an unrevoked affidavit stating 
 21.34  that the information on the original birth certificate should 
 21.35  not be disclosed.  If such an affidavit has been filed, the 
 21.36  commissioner of health shall not disclose the information to the 
 22.1   adopted person until the affidavit is revoked by the filing of a 
 22.2   consent to disclosure by that parent. 
 22.3      Sec. 23.  Minnesota Statutes 1994, section 259.89, 
 22.4   subdivision 5, is amended to read: 
 22.5      Subd. 5.  [DEATH OF PARENT.] Notwithstanding the provisions 
 22.6   of subdivisions 1a, 3, and 4, if a parent named on the original 
 22.7   birth certificate of an adopted person has died, and at any time 
 22.8   prior to the death the parent has filed an unrevoked affidavit 
 22.9   with the commissioner of health stating that the information on 
 22.10  the original birth certificate should not be disclosed, the 
 22.11  adopted person may petition the court of original jurisdiction 
 22.12  of the adoption proceeding for disclosure of the original birth 
 22.13  certificate pursuant to section 259.61.  The court shall grant 
 22.14  the petition if, after consideration of the interests of all 
 22.15  known persons involved, the court determines that disclosure of 
 22.16  the information would be of greater benefit than nondisclosure.  
 22.17     Sec. 24.  [REPEALER.] 
 22.18     Minnesota Statutes 1994, section 259.47, subdivision 9, is 
 22.19  repealed.