SF 203

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to adoption; creating a putative father 
  1.3             registry; amending adoption notice and consent 
  1.4             provisions relating to putative fathers; amending 
  1.5             Minnesota Statutes 1996, sections 259.21, by adding a 
  1.6             subdivision; 259.49, subdivision 1; and 260.221, 
  1.7             subdivision 1, and by adding a subdivision; proposing 
  1.8             coding for new law in Minnesota Statutes, chapter 259; 
  1.9             repealing Minnesota Statutes 1996, section 259.51. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1996, section 259.21, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 12.  [PUTATIVE FATHER.] "Putative father" means a man 
  1.14  who may be a child's father, but who: 
  1.15     (1) is not married to the child's mother on or before the 
  1.16  date that the child was or is to be born; and 
  1.17     (2) has not established paternity of the child in a court 
  1.18  proceeding before the filing of a petition for the adoption of 
  1.19  the child. 
  1.20     "Putative father" includes a male who is less than 18 years 
  1.21  old. 
  1.22     Sec. 2.  Minnesota Statutes 1996, section 259.49, 
  1.23  subdivision 1, is amended to read: 
  1.24     Subdivision 1.  [TO WHOM GIVEN.] Except as provided in 
  1.25  subdivision 3, and subject to section 259.51 259.52, notice of 
  1.26  the hearing upon a petition to adopt a child shall must be given 
  1.27  to:  
  2.1      (1) (a) the guardian, if any, of a child; and 
  2.2      (2) (b) the parent of a child if: 
  2.3      (a) (1) the person's name appears on the child's birth 
  2.4   certificate, as a parent, or; 
  2.5      (b) (2) the person has substantially supported the child, 
  2.6   or; 
  2.7      (c) (3) the person either was married to the person 
  2.8   designated on the birth certificate as the natural mother within 
  2.9   the 325 days before the child's birth or married that person 
  2.10  within the ten days after the child's birth, or; 
  2.11     (d) (4) the person is openly living with the child or the 
  2.12  person designated on the birth certificate as the natural mother 
  2.13  of the child, or both, or; 
  2.14     (e) (5) the person has been adjudicated the child's parent, 
  2.15  or; 
  2.16     (f) (6) the person has filed an affidavit pursuant to 
  2.17  section 259.51. a paternity action within 60 days after the 
  2.18  child's birth and the action is still pending; 
  2.19     (7) the person and the mother of the child have signed a 
  2.20  declaration of parentage under section 257.34 before August 1, 
  2.21  1995, which has not been revoked or a recognition of parentage 
  2.22  under section 257.75, which has not been revoked; or 
  2.23     (8) the person: 
  2.24     (i) is not entitled to notice under clauses (1) to (7); 
  2.25     (ii) has registered with the putative father registry; 
  2.26     (iii) after receiving a putative father registry notice, 
  2.27  has timely filed an intent to retain parental rights with entry 
  2.28  of appearance form under section 259.52; and 
  2.29     (iv) within 30 days of receipt of the putative father 
  2.30  registry notice has initiated a paternity action, unless, for 
  2.31  good cause shown, he is unable to do so within the 30 days. 
  2.32     This Notice under this section need not be given to any 
  2.33  above named a person listed in this subdivision whose parental 
  2.34  rights have been terminated, whose notice of intention to retain 
  2.35  parental rights filed pursuant to section 259.51 has been 
  2.36  successfully challenged, who has consented to the adoption or 
  3.1   who has waived notice of the hearing.  The notice of the hearing 
  3.2   may be waived by a parent, guardian, or other interested party 
  3.3   by a writing executed before two competent witnesses and duly 
  3.4   acknowledged.  The waiver shall must be filed in the adoption 
  3.5   proceedings at any time before the matter is heard. 
  3.6      Sec. 3.  [259.52] [PUTATIVE FATHER REGISTRY.] 
  3.7      Subdivision 1.  [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.] 
  3.8   (a) The commissioner of health shall establish a putative father 
  3.9   registry for the purpose of determining the identity and 
  3.10  location of a putative father interested in a minor child who 
  3.11  is, or is expected to be, the subject of an adoption proceeding, 
  3.12  in order to provide notice of the adoption proceeding to the 
  3.13  putative father who is not otherwise entitled to notice under 
  3.14  section 259.49, subdivision 1, paragraph (a) or (b), clauses (1) 
  3.15  to (7).  The commissioner shall establish rules, informational 
  3.16  material, and public service announcements necessary to 
  3.17  implement this section.  The commissioner shall set reasonable 
  3.18  fees for the use of the registry; however, no fee may be charged 
  3.19  the putative father for registering.  Any limitation on a 
  3.20  putative father's right to assert an interest in the child as 
  3.21  provided in this section applies only in adoption proceedings 
  3.22  and only to those putative fathers not entitled to notice and 
  3.23  consent under sections 259.24 and 259.49, subdivision 1, 
  3.24  paragraph (a) or (b), clauses (1) to (7).  The commissioner has 
  3.25  no independent obligation to gather or update the information to 
  3.26  be maintained on the registry.  It is the registrant's 
  3.27  responsibility to update his personal information on the 
  3.28  registry.  
  3.29     (b) The putative father registry must contain the following 
  3.30  information: 
  3.31     (1) with respect to the putative father, the: 
  3.32     (i) name, including any other names by which the putative 
  3.33  father may be known and that he may provide to the registry; 
  3.34     (ii) address at which he may be served with notice of a 
  3.35  petition under this chapter, including any change of address; 
  3.36     (iii) social security number, if known; 
  4.1      (iv) date of birth; and 
  4.2      (v) if applicable, a certified copy of an order by a court 
  4.3   of another state or territory of the United States adjudicating 
  4.4   the putative father to be the father of this child; 
  4.5      (2) with respect to the mother of the child: 
  4.6      (i) name, including all other names known to the putative 
  4.7   father by which the mother may be known; 
  4.8      (ii) if known to the putative father, her last address; 
  4.9      (iii) social security number, if known; and 
  4.10     (iv) date of birth; 
  4.11     (3) if known to the putative father, the name, gender, 
  4.12  place of birth, and date of birth or anticipated date of birth 
  4.13  of the child; 
  4.14     (4) the date that the commissioner received the putative 
  4.15  father's registration; and 
  4.16     (5) other information the commissioner determines by rule 
  4.17  to be necessary for the orderly administration of the registry. 
  4.18     Subd. 2.  [REQUIREMENT TO SEARCH REGISTRY BEFORE ADOPTION 
  4.19  PETITION CAN BE GRANTED; PROOF OF SEARCH.] No petition for 
  4.20  adoption may be granted unless an interested party, including 
  4.21  persons intending to adopt a child, a child welfare agency with 
  4.22  whom the mother has placed or has given written notice of her 
  4.23  intention to place a child for adoption, the mother of the 
  4.24  child, or an attorney representing an interested party requests 
  4.25  that the commissioner search the registry to determine whether a 
  4.26  putative father is registered in relation to a child who is or 
  4.27  may be the subject of an adoption petition.  A search of the 
  4.28  registry may be proven by the production of a certified copy of 
  4.29  the registration form, by the certified statement of the 
  4.30  administrator of the registry form, or by the certified 
  4.31  statement of the administrator of the registry that after a 
  4.32  search no registration of a putative father in relation to a 
  4.33  child who is or may be the subject of an adoption petition could 
  4.34  be located.  Certification that the putative father registry has 
  4.35  been searched must be filed with the court prior to entry of any 
  4.36  final order of adoption. 
  5.1      Subd. 3.  [SEARCH OF REGISTRY FOR OTHER PURPOSES.] An 
  5.2   individual or agency attempting to establish a child support 
  5.3   obligation may search the putative father registry to locate 
  5.4   putative fathers. 
  5.5      Subd. 4.  [CONFIDENTIALITY OF REGISTRY; CRIMINAL PENALTY 
  5.6   FOR UNLAWFUL DISCLOSURE.] Except as otherwise provided, 
  5.7   information in the putative father registry is confidential and 
  5.8   must not be published or open to public inspection.  A person 
  5.9   who knowingly or intentionally releases confidential information 
  5.10  in violation of this section is guilty of a misdemeanor. 
  5.11     Subd. 5.  [CRIMINAL PENALTY FOR REGISTERING FALSE 
  5.12  INFORMATION.] A person who knowingly or intentionally registers 
  5.13  false information under this section is guilty of a misdemeanor. 
  5.14     Subd. 6.  [WHO MAY REGISTER.] Any putative father may 
  5.15  register with the putative father registry.  However, any 
  5.16  limitation on a putative father's right to assert an interest in 
  5.17  the child as provided in this section applies only in adoption 
  5.18  proceedings and only to those putative fathers not entitled to 
  5.19  notice and consent under sections 259.24 and 259.49, subdivision 
  5.20  1, paragraph (a) or (b), clauses (1) to (7). 
  5.21     Subd. 7.  [WHEN AND HOW TO REGISTER.] A putative father may 
  5.22  register with the department of health before the birth of the 
  5.23  child but must register no later than 30 days after the birth of 
  5.24  the child.  Registrations must be in writing and signed by the 
  5.25  putative father. 
  5.26     Subd. 8.  [FAILURE TO REGISTER.] Except for a putative 
  5.27  father who is entitled to notice and consent under sections 
  5.28  259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses 
  5.29  (1) to (7), a putative father who fails to timely register with 
  5.30  the putative father registry under subdivision 7: 
  5.31     (1) is barred thereafter from bringing or maintaining an 
  5.32  action to assert any interest in the child during the pending 
  5.33  adoption proceeding concerning the child; 
  5.34     (2) is considered to have waived and surrendered any right 
  5.35  to notice of any hearing in any judicial proceeding for adoption 
  5.36  of the child, and consent of that person to the adoption of the 
  6.1   child is not required; and 
  6.2      (3) is considered to have abandoned the child. 
  6.3      Failure to register under subdivision 7 is prima facie 
  6.4   evidence of sufficient grounds to support termination of the 
  6.5   father's parental rights under section 260.221, subdivision 1. 
  6.6      A putative father who has not timely registered under 
  6.7   subdivision 7, is considered to have timely registered if he 
  6.8   proves by clear and convincing evidence that: 
  6.9      (i) it was not possible for him to register within the 
  6.10  period of time specified in subdivision 7; 
  6.11     (ii) his failure to register was through no fault of his 
  6.12  own; and 
  6.13     (iii) he registered within ten days after it became 
  6.14  possible for him to file. 
  6.15     A lack of knowledge of the pregnancy or birth is not an 
  6.16  acceptable reason for failure to register.  
  6.17     Subd. 9.  [NOTICE AND SERVICE FOR THOSE ON PUTATIVE FATHER 
  6.18  REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO NOTICE.] Any time 
  6.19  after conception, an interested party, including persons 
  6.20  intending to adopt a child, a child welfare agency with whom the 
  6.21  mother has placed or has given written notice of her intention 
  6.22  to place a child for adoption, the mother of a child, or any 
  6.23  attorney representing an interested party, may file with the 
  6.24  court administrator a written request that the putative fathers 
  6.25  on the registry be served with a putative father registry 
  6.26  notice, an intent to claim parental rights with entry of 
  6.27  appearance form, and a denial of paternity with entry of 
  6.28  appearance and consent to adoption form pursuant to subdivision 
  6.29  11.  These documents may be served on a putative father in the 
  6.30  same manner as a summons is served in other civil proceedings, 
  6.31  or, in lieu of personal service, service may be made as follows: 
  6.32     (a) The person requesting notice shall pay to the court 
  6.33  administrator a mailing fee of $....... plus the cost of United 
  6.34  States postage for certified or registered mail and furnish to 
  6.35  the court administrator an original and one copy of the putative 
  6.36  father registry notice, the intent to claim parental rights with 
  7.1   entry of appearance form, and the denial of paternity with entry 
  7.2   of appearance and consent to adoption form together with an 
  7.3   affidavit setting forth the putative father's last known 
  7.4   address.  The original putative father registry notice, the 
  7.5   intent to claim parental rights with entry of appearance form, 
  7.6   and the denial of paternity with entry of appearance and consent 
  7.7   to adoption form must be retained by the court administrator. 
  7.8      (b) The court administrator shall mail to the putative 
  7.9   father, at the address appearing in the affidavit, the copy of 
  7.10  the putative father registry notice, the intent to claim 
  7.11  parental rights with entry of appearance form, and the denial of 
  7.12  paternity with entry of appearance and consent to adoption form 
  7.13  by certified mail, return receipt requested.  The envelope and 
  7.14  return receipt must bear the return address of the court 
  7.15  administrator.  The receipt for certified mail must state the 
  7.16  name and address of the addressee and the date of mailing and 
  7.17  must be attached to the original notice. 
  7.18     (c) The return receipt, when returned to the court 
  7.19  administrator, must be attached to the original putative father 
  7.20  registry notice, the intent to claim parental rights with entry 
  7.21  of appearance form, and the denial of paternity with entry of 
  7.22  appearance and consent to adoption form and constitutes proof of 
  7.23  service. 
  7.24     (d) The court administrator shall note the fact of service 
  7.25  in a permanent record. 
  7.26     Subd. 10.  [RESPONSE TO PUTATIVE FATHER REGISTRY NOTICE; 
  7.27  LIMITATION OF RIGHTS FOR FAILURE TO RESPOND AND UPON FILING OF 
  7.28  DISCLAIMER OF PATERNITY.] Within 30 days of receipt of the 
  7.29  putative father registry notice, the intent to claim parental 
  7.30  rights with entry of appearance form, and the denial of 
  7.31  paternity with entry of appearance and consent to adoption form, 
  7.32  the putative father must file a completed intent to claim 
  7.33  parental rights with entry of appearance form with the court 
  7.34  administrator stating that he intends to initiate a paternity 
  7.35  action within 30 days of receipt of the putative father registry 
  7.36  notice in order to preserve the right to maintain an interest in 
  8.1   the child and receive notice during the pending adoption 
  8.2   proceeding.  Failure to initiate a paternity action within 30 
  8.3   days of receipt of the putative father registry notice does not 
  8.4   act as a bar to receiving notice under section 259.49.  If good 
  8.5   cause is shown, the putative father must be allowed more time to 
  8.6   initiate the paternity action.  A putative father who files a 
  8.7   completed denial of paternity with entry of appearance and 
  8.8   consent to adoption form or who fails to timely file an intent 
  8.9   to claim parental rights with entry of appearance form with the 
  8.10  court: 
  8.11     (1) is barred from later bringing or maintaining an action 
  8.12  to assert any interest in the child during the pending adoption 
  8.13  proceeding concerning the child; 
  8.14     (2) is considered to have waived and surrendered an right 
  8.15  to notice of a hearing in any judicial proceeding for adoption 
  8.16  of the child, and consent of that person to the adoption of the 
  8.17  child is not required; and 
  8.18     (3) is considered to have abandoned the child.  
  8.19  Failure to register is prima facie evidence of sufficient 
  8.20  grounds to support termination of the father's parental rights. 
  8.21     Subd. 11.  [PUTATIVE FATHER REGISTRY NOTICE; INTENT TO 
  8.22  CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM; DENIAL OF 
  8.23  PATERNITY WITH ENTRY OF APPEARANCE AND CONSENT TO ADOPTION 
  8.24  FORM.] (a) The putative father registry notice sent under 
  8.25  subdivision 9 must be substantially as follows: 
  8.26     "IN THE MATTER OF NOTICE TO .........., PUTATIVE FATHER. 
  8.27     You have signed the putative father registry indicating 
  8.28  that you are the father of a child born on the .......... day of 
  8.29  .........., ...., (or expected to be born on or about the 
  8.30  ....... day of .........., ....). 
  8.31     The mother of the child is ........... 
  8.32     The mother has indicated that she intends to place the 
  8.33  child for adoption. 
  8.34     As the alleged father of the child by virtue of signing the 
  8.35  putative father registry, you have certain legal rights with 
  8.36  respect to the child, including the right to notice of the 
  9.1   filing of proceedings instituted for the adoption of the child.  
  9.2   If you wish to retain your rights with respect to the child, you 
  9.3   must file with the court administrator, Court of .......... 
  9.4   County, Minnesota, whose address is .........., Minnesota, 
  9.5   within 30 days after the date of receipt of this notice, the 
  9.6   enclosed intent to claim parental rights with entry of 
  9.7   appearance form stating that you are, in fact, the father of the 
  9.8   child and that you intend to retain your legal rights with 
  9.9   respect to the child by initiating a paternity action within 30 
  9.10  days of receipt of the putative father registry notice. 
  9.11     If you do not file an intent to claim parental rights with 
  9.12  entry of appearance form or a request for notice, then whatever 
  9.13  legal rights you have with respect to the child, including the 
  9.14  right to notice of any future proceedings for the adoption of 
  9.15  the child, may be terminated without any further notice to you.  
  9.16  When your legal rights with respect to the child are so 
  9.17  terminated, you will not be entitled to notice of any proceeding 
  9.18  instituted for the adoption of the child. 
  9.19     If you are not the father of the child, you may file with 
  9.20  the court administrator the denial of paternity with entry of 
  9.21  appearance and consent to adoption form enclosed herewith and 
  9.22  you will receive no further notice with respect to the child." 
  9.23     (b) The intent to claim parental rights with entry of 
  9.24  appearance form sent under subdivision 9 must be substantially 
  9.25  as follows: 
  9.26    "INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE
  9.27  I, .........., state as follows: 
  9.28     (1) That I am ..... years of age; and I reside at 
  9.29  .......... in the County of .........., State of ........... 
  9.30     (2) That I have been advised that .......... is the mother 
  9.31  of a .......... male/female child named .......... born or 
  9.32  expected to be born on or about .......... and that such mother 
  9.33  has stated that I am the father of this child. 
  9.34     (3) I declare that I am the father of this child. 
  9.35     (4) I understand that the mother of this child wishes to 
  9.36  consent to the adoption of this child.  I do not consent to the 
 10.1   adoption of this child, and I understand that I must return this 
 10.2   intent to claim parental rights with entry of appearance form to 
 10.3   the court administrator of .......... County, located at 
 10.4   .........., within 30 days of receipt of this notice. 
 10.5      (5) I further understand that I am also obligated to 
 10.6   initiate a paternity action under the Parentage Act (Minnesota 
 10.7   Statutes, sections 257.51 to 257.74) within 30 days of my 
 10.8   receiving the putative father registry notice, or, if the child 
 10.9   is not yet born, within 30 days after the birth of the child, 
 10.10  unless for good cause shown I am unable to do so.  That 
 10.11  proceeding is separate and distinct from the above mailing of 
 10.12  intent to claim parental rights with entry of appearance form; 
 10.13  in the paternity action, I must state that I am, in fact, the 
 10.14  father of said child for one or more of the reasons stated in 
 10.15  Minnesota Statutes, section 257.55, subdivision 1, and that I 
 10.16  intend to retain my legal rights with respect to said child, and 
 10.17  request to be notified of any further proceedings with respect 
 10.18  to custody or adoption of the child. 
 10.19     (6) I hereby enter my appearance in the above entitled 
 10.20  cause. 
 10.21                               OATH
 10.22     I have been duly sworn and I say under oath that I have 
 10.23  read and understand this intent to claim parental rights with 
 10.24  entry of appearance form.  The facts that it contains are true 
 10.25  and correct to the best of my knowledge, and I understand that 
 10.26  by signing this document I admit my paternity.  I have signed 
 10.27  this document as my free and voluntary act. 
 10.28                                     ...........
 10.29                                     (Signature)
 10.30  Dated this .......... day of .........., ..... 
 10.31  Signed and Sworn Before Me This ....... day of .........., ..... 
 10.32                                     ...........
 10.33                                     (notary public)"
 10.34     (c) The denial of paternity with entry of appearance and 
 10.35  consent to adoption form sent under subdivision 9 must be 
 10.36  substantially as follows: 
 11.1         "DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND
 11.2                        CONSENT TO ADOPTION
 11.3   I, .........., state as follows: 
 11.4      (1) That I am ..... years of age; and I reside at 
 11.5   .......... in the County of .........., State of ........... 
 11.6      (2) That I have been advised that .......... is the mother 
 11.7   of a .......... male/female child named .......... born or 
 11.8   expected to be born on or about .......... and that I have 
 11.9   registered with the putative father registry stating that I am 
 11.10  the father of this child. 
 11.11     (3) I now deny that I am the father of this child.  My 
 11.12  denial at this time will not subject me to any criminal 
 11.13  liability. 
 11.14     (4) I further understand that the mother of this child 
 11.15  wishes to consent to the adoption of the child.  I hereby 
 11.16  consent to the adoption of this child, and waive any rights, 
 11.17  remedies, and defenses that I may have now or in the future.  
 11.18  This consent is being given in order to facilitate the adoption 
 11.19  of the child and so that the court may terminate what rights I 
 11.20  may have to the child.  This consent is not in any manner an 
 11.21  admission of paternity. 
 11.22     (5) I hereby enter my appearance in the above entitled 
 11.23  cause and waive service of summons and other pleading. 
 11.24                               OATH
 11.25     I have been duly sworn and I say under oath that I have 
 11.26  read and understood this denial of paternity with entry of 
 11.27  appearance and consent to adoption.  The facts it contains are 
 11.28  true and correct to the best of my knowledge, and I understand 
 11.29  that by signing this document I have not admitted paternity.  I 
 11.30  have signed this document as my free and voluntary act in order 
 11.31  to facilitate the adoption of the child. 
 11.32                                     ...........
 11.33                                     (Signature)
 11.34  Dated this .......... day of .........., ..... 
 11.35  Signed and Sworn Before Me This ....... day of .........., ..... 
 11.36                                     ...........
 12.1                                      (notary public)"
 12.2      [The names of adoptive parents must not be included in the 
 12.3   notice.] 
 12.4      Subd. 12.  [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof 
 12.5   of indigency, a putative father who has registered with the 
 12.6   putative father registry, has received a putative father 
 12.7   registry notice, and has timely filed an intent to claim 
 12.8   paternal rights with entry of appearance form with the court 
 12.9   administrator, must have counsel appointed at public expense. 
 12.10     Sec. 4.  Minnesota Statutes 1996, section 260.221, 
 12.11  subdivision 1, is amended to read: 
 12.12     Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 12.13  court may upon petition, terminate all rights of a parent to a 
 12.14  child in the following cases: 
 12.15     (a) with the written consent of a parent who for good cause 
 12.16  desires to terminate parental rights; or 
 12.17     (b) if it finds that one or more of the following 
 12.18  conditions exist: 
 12.19     (1) That the parent has abandoned the child.; or 
 12.20     Abandonment is presumed when: 
 12.21     (i) the parent has had no contact with the child on a 
 12.22  regular basis and no demonstrated, consistent interest in the 
 12.23  child's well-being for six months; and 
 12.24     (ii) the social service agency has made reasonable efforts 
 12.25  to facilitate contact, unless the parent establishes that an 
 12.26  extreme financial or physical hardship or treatment for mental 
 12.27  disability or chemical dependency or other good cause prevented 
 12.28  the parent from making contact with the child.  This presumption 
 12.29  does not apply to children whose custody has been determined 
 12.30  under chapter 257 or 518.  The court is not prohibited from 
 12.31  finding abandonment in the absence of this presumption; or 
 12.32     (2) That the parent has substantially, continuously, or 
 12.33  repeatedly refused or neglected to comply with the duties 
 12.34  imposed upon that parent by the parent and child relationship, 
 12.35  including but not limited to providing the child with necessary 
 12.36  food, clothing, shelter, education, and other care and control 
 13.1   necessary for the child's physical, mental, or emotional health 
 13.2   and development, if the parent is physically and financially 
 13.3   able, and reasonable efforts by the social service agency have 
 13.4   failed to correct the conditions that formed the basis of the 
 13.5   petition; or 
 13.6      (3) That a parent has been ordered to contribute to the 
 13.7   support of the child or financially aid in the child's birth and 
 13.8   has continuously failed to do so without good cause.  This 
 13.9   clause shall not be construed to state a grounds for termination 
 13.10  of parental rights of a noncustodial parent if that parent has 
 13.11  not been ordered to or cannot financially contribute to the 
 13.12  support of the child or aid in the child's birth; or 
 13.13     (4) That a parent is palpably unfit to be a party to the 
 13.14  parent and child relationship because of a consistent pattern of 
 13.15  specific conduct before the child or of specific conditions 
 13.16  directly relating to the parent and child relationship either of 
 13.17  which are determined by the court to be of a duration or nature 
 13.18  that renders the parent unable, for the reasonably foreseeable 
 13.19  future, to care appropriately for the ongoing physical, mental, 
 13.20  or emotional needs of the child.  It is presumed that a parent 
 13.21  is palpably unfit to be a party to the parent and child 
 13.22  relationship upon a showing that: 
 13.23     (i) the child was adjudicated in need of protection or 
 13.24  services due to circumstances described in section 260.015, 
 13.25  subdivision 2a, clause (1), (2), (3), (5), or (8); and 
 13.26     (ii) within the three-year period immediately prior to that 
 13.27  adjudication, the parent's parental rights to one or more other 
 13.28  children were involuntarily terminated under clause (1), (2), 
 13.29  (4), or (7), or under clause (5) if the child was initially 
 13.30  determined to be in need of protection or services due to 
 13.31  circumstances described in section 260.015, subdivision 2a, 
 13.32  clause (1), (2), (3), (5), or (8); or 
 13.33     (5) That following upon a determination of neglect or 
 13.34  dependency, or of a child's need for protection or services, 
 13.35  reasonable efforts, under the direction of the court, have 
 13.36  failed to correct the conditions leading to the determination.  
 14.1   It is presumed that reasonable efforts under this clause have 
 14.2   failed upon a showing that: 
 14.3      (i) a child has resided out of the parental home under 
 14.4   court order for more than one year following an adjudication of 
 14.5   dependency, neglect, need for protection or services under 
 14.6   section 260.015, subdivision 2a, clause (1), (2), (3), (6), (8), 
 14.7   or (9), or neglected and in foster care, and an order for 
 14.8   disposition under section 260.191, including adoption of the 
 14.9   case plan required by section 257.071; 
 14.10     (ii) conditions leading to the determination will not be 
 14.11  corrected within the reasonably foreseeable future.  It is 
 14.12  presumed that conditions leading to a child's out-of-home 
 14.13  placement will not be corrected in the reasonably foreseeable 
 14.14  future upon a showing that the parent or parents have not 
 14.15  substantially complied with the court's orders and a reasonable 
 14.16  case plan, and the conditions which led to the out-of-home 
 14.17  placement have not been corrected; and 
 14.18     (iii) reasonable efforts have been made by the social 
 14.19  service agency to rehabilitate the parent and reunite the family.
 14.20     This clause does not prohibit the termination of parental 
 14.21  rights prior to one year after a child has been placed out of 
 14.22  the home.  
 14.23     It is also presumed that reasonable efforts have failed 
 14.24  under this clause upon a showing that: 
 14.25     (i) the parent has been diagnosed as chemically dependent 
 14.26  by a professional certified to make the diagnosis; 
 14.27     (ii) the parent has been required by a case plan to 
 14.28  participate in a chemical dependency treatment program; 
 14.29     (iii) the treatment programs offered to the parent were 
 14.30  culturally, linguistically, and clinically appropriate; 
 14.31     (iv) the parent has either failed two or more times to 
 14.32  successfully complete a treatment program or has refused at two 
 14.33  or more separate meetings with a caseworker to participate in a 
 14.34  treatment program; and 
 14.35     (v) the parent continues to abuse chemicals.  
 14.36  Provided, that this presumption applies only to parents required 
 15.1   by a case plan to participate in a chemical dependency treatment 
 15.2   program on or after July 1, 1990; or 
 15.3      (6) That a child has experienced egregious harm in the 
 15.4   parent's care which is of a nature, duration, or chronicity that 
 15.5   indicates a lack of regard for the child's well-being, such that 
 15.6   a reasonable person would believe it contrary to the best 
 15.7   interest of the child or of any child to be in the parent's 
 15.8   care; or 
 15.9      (7) That in the case of a child born to a mother who was 
 15.10  not married to the child's father when the child was conceived 
 15.11  nor when the child was born the person is not entitled to notice 
 15.12  of an adoption hearing under section 259.49 and either the 
 15.13  person has not filed a notice of intent to retain parental 
 15.14  rights under section 259.51 or that the notice has been 
 15.15  successfully challenged registered with the putative father 
 15.16  registry under section 259.52; or 
 15.17     (8) That the child is neglected and in foster care. 
 15.18  In an action involving an American Indian child, sections 257.35 
 15.19  to 257.3579 and the Indian Child Welfare Act, United States 
 15.20  Code, title 25, sections 1901 to 1923, control to the extent 
 15.21  that the provisions of this section are inconsistent with those 
 15.22  laws. 
 15.23     Sec. 5.  Minnesota Statutes 1996, section 260.221, is 
 15.24  amended by adding a subdivision to read: 
 15.25     Subd. 1a.  [EVIDENCE OF ABANDONMENT.] For purposes of 
 15.26  subdivision 1, clause (1): 
 15.27     (a) Abandonment is presumed when: 
 15.28     (1) the parent has had no contact with the child on a 
 15.29  regular basis and not demonstrated, consistent interest in the 
 15.30  child's well-being for six months; and 
 15.31     (2) the social service agency has made reasonable efforts 
 15.32  to facilitate contact, unless the parent establishes that an 
 15.33  extreme financial or physical hardship or treatment for mental 
 15.34  disability or chemical dependency or other good cause prevented 
 15.35  the parent from making contact with the child.  This presumption 
 15.36  does not apply to children whose custody has been determined 
 16.1   under chapter 257 or 518.  The court is not prohibited from 
 16.2   finding abandonment in the absence of this presumption. 
 16.3      (b) The following are prima facie evidence of abandonment 
 16.4   where adoption proceedings are pending and there has been a 
 16.5   showing that the person was not entitled to notice of an 
 16.6   adoption proceeding under section 259.49: 
 16.7      (1) failure to register with the putative father registry 
 16.8   under section 259.52; or 
 16.9      (2) if the father registered with the putative father 
 16.10  registry under section 259.52: 
 16.11     (i) filing a denial of paternity within 30 days of receipt 
 16.12  of notice under section 259.52, subdivision 8; 
 16.13     (ii) failing to timely file an intent to claim parental 
 16.14  rights with entry of appearance form within 30 days of receipt 
 16.15  of notice under section 259.52, subdivision 10; or 
 16.16     (iii) timely filing an intent to claim parental rights with 
 16.17  entry of appearance form within 30 days of receipt of notice 
 16.18  under section 259.52, subdivision 10, but failing to initiate a 
 16.19  paternity action within 30 days of receiving the putative father 
 16.20  registry notice where there has been no showing of good cause 
 16.21  for the delay. 
 16.22     Sec. 6.  [REPEALER.] 
 16.23     Minnesota Statutes 1996, section 259.51, is repealed.