4th Engrossment - 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 fathers' 1.3 adoption registry; amending adoption notice and 1.4 consent provisions relating to fathers; amending 1.5 Minnesota Statutes 1996, sections 13.99, by adding a 1.6 subdivision; 257.352, subdivision 3, and by adding 1.7 subdivisions; 257.58, subdivision 1; 259.21, by adding 1.8 a subdivision; 259.49, subdivision 1; 260.221, 1.9 subdivision 1, and by adding a subdivision; and 1.10 357.021, subdivision 2; proposing coding for new law 1.11 in Minnesota Statutes, chapter 259; repealing 1.12 Minnesota Statutes 1996, section 259.51. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 1996, section 13.99, is 1.15 amended by adding a subdivision to read: 1.16 Subd. 76b. [PUTATIVE FATHERS' ADOPTION REGISTRY.] Data in 1.17 the putative fathers' adoption registry are classified under 1.18 section 259.52, subdivision 4. 1.19 Sec. 2. Minnesota Statutes 1996, section 257.352, 1.20 subdivision 3, is amended to read: 1.21 Subd. 3. [
PRIVATE CHILD-PLACING AGENCYNOTICE OF POTENTIAL 1.22 PREADOPTIVE OR ADOPTIVE PLACEMENT.] When a private child-placing1.23 agency determines that an Indian child is in a dependent or1.24 other condition that could lead to a preadoptive or adoptive1.25 placement, the agency shall send notice of the condition to1.26 theIn any voluntary adoptive or preadoptive placement 1.27 proceeding in which a local social service agency, private 1.28 child-placing agency, petitioner in the adoption, or any other 1.29 party has reason to believe that a child who is the subject of 2.1 an adoptive or preadoptive placement proceeding is or may be an 2.2 "Indian child," as defined in section 257.351, subdivision 6, 2.3 and United States Code, title 25, section 1903(4), the agency or 2.4 person shall notify the Indian child's tribal social service 2.5 agency within seven days of the determinationby registered mail 2.6 with return receipt requested of the pending proceeding and of 2.7 the right of intervention under subdivision 3c. If the identity 2.8 or location of the child's tribe cannot be determined, the 2.9 notice must be given to the United States secretary of interior 2.10 in like manner, who will have 15 days after receipt of the 2.11 notice to provide the requisite notice to the tribe. No 2.12 preadoptive or adoptive placement proceeding may be held until 2.13 at least ten days after receipt of the notice by the tribe or 2.14 secretary. Upon request, the tribe must be granted up to 20 2.15 additional days to prepare for the proceeding. The agency or 2.16 notifying party shall include in the notice the identity of the 2.17 birth parents and child absent written objection by the birth 2.18 parents. The private child-placing agency shall inform the 2.19 birth parents of the Indian child of any services available to 2.20 the Indian child through the child's tribal social service 2.21 agency, including child placement services, and shall 2.22 additionally provide the birth parents of the Indian child with 2.23 all information sent from the tribal social service agency in 2.24 response to the notice. 2.25 Sec. 3. Minnesota Statutes 1996, section 257.352, is 2.26 amended by adding a subdivision to read: 2.27 Subd. 3a. [UNKNOWN FATHER.] If the local social service 2.28 agency, private child-placing agency, the court, petitioner, or 2.29 any other party has reason to believe that a child who is the 2.30 subject of an adoptive placement proceeding is or may be an 2.31 Indian child but the father of the child is unknown and has not 2.32 registered with the putative fathers' adoption registry pursuant 2.33 to section 259.52, the agency or person shall provide to the 2.34 tribe believed to be the Indian child's tribe information 2.35 sufficient to enable the tribe to determine the child's 2.36 eligibility for membership in the tribe, including, but not 3.1 limited to, the legal and maiden name of the birth mother, her 3.2 date of birth, the names and dates of birth of her parents and 3.3 grandparents, and, if available, information pertaining to the 3.4 possible identity, tribal affiliation, or location of the birth 3.5 father. 3.6 Sec. 4. Minnesota Statutes 1996, section 257.352, is 3.7 amended by adding a subdivision to read: 3.8 Subd. 3b. [PROOF OF SERVICE OF NOTICE UPON TRIBE OR 3.9 SECRETARY.] In cases where an agency or party to an adoptive 3.10 placement knows or has reason to believe that a child is or may 3.11 be an Indian child, proof of service upon the child's tribe or 3.12 the secretary of interior must be filed with the adoption 3.13 petition. 3.14 Sec. 5. Minnesota Statutes 1996, section 257.352, is 3.15 amended by adding a subdivision to read: 3.16 Subd. 3c. [INDIAN TRIBE'S RIGHT OF INTERVENTION.] In any 3.17 state court proceeding for the voluntary adoptive or preadoptive 3.18 placement of an Indian child, the Indian child's tribe shall 3.19 have a right to intervene at any point in the proceeding. 3.20 Sec. 6. Minnesota Statutes 1996, section 257.58, 3.21 subdivision 1, is amended to read: 3.22 Subdivision 1. [ACTIONS FOR CHILDREN WITHOUT A PRESUMED 3.23 FATHER.] Except as otherwise provided in section 259.52, an 3.24 action to determine the existence of the father and child 3.25 relationship as to a child who has no presumed father under 3.26 section 257.55 is not barred until one year after the child 3.27 reaches the age of majority. 3.28 Sec. 7. Minnesota Statutes 1996, section 259.21, is 3.29 amended by adding a subdivision to read: 3.30 Subd. 12. [PUTATIVE FATHER.] "Putative father" means a man 3.31 who may be a child's father, but who: 3.32 (1) is not married to the child's mother on or before the 3.33 date that the child was or is to be born; and 3.34 (2) has not established paternity of the child according to 3.35 section 257.57 in a court proceeding before the filing of a 3.36 petition for the adoption of the child. 4.1 "Putative father" includes a male who is less than 18 years 4.2 old. 4.3 Sec. 8. Minnesota Statutes 1996, section 259.49, 4.4 subdivision 1, is amended to read: 4.5 Subdivision 1. [TO WHOM GIVEN.] Except as provided in 4.6 subdivision 3, and subject to section 259.51259.52, notice of 4.7 the hearing upon a petition to adopt a child shallmust be given 4.8 to: 4.9 (1)(a) the guardian, if any, of a child; 4.10 (2)(b) the parent of a child if: 4.11 (a)(1) the person's name appears on the child's birth 4.12 certificate, as a parent , or; 4.13 (b)(2) the person has substantially supported the child ,4.14 or; 4.15 (c)(3) the person either was married to the person 4.16 designated on the birth certificate as the natural mother within 4.17 the 325 days before the child's birth or married that person 4.18 within the ten days after the child's birth , or; 4.19 (d)(4) the person is openly living with the child or the 4.20 person designated on the birth certificate as the natural mother 4.21 of the child, or both , or; 4.22 (e)(5) the person has been adjudicated the child's parent ,4.23 or; 4.24 (f)(6) the person has filed an affidavit pursuant to4.25 section 259.51.a paternity action within 30 days after the 4.26 child's birth and the action is still pending; 4.27 (7) the person and the mother of the child have signed a 4.28 declaration of parentage under section 257.34 before August 1, 4.29 1995, which has not been revoked or a recognition of parentage 4.30 under section 257.75, which has not been revoked or vacated; or 4.31 (8) the person: 4.32 (i) is not entitled to notice under clauses (1) to (7); 4.33 (ii) has registered with the putative fathers' adoption 4.34 registry; 4.35 (iii) after receiving a putative fathers' adoption registry 4.36 notice, has timely filed an intent to retain parental rights 5.1 with entry of appearance form under section 259.52; and 5.2 (iv) within 30 days of receipt of the putative fathers' 5.3 adoption registry notice has initiated a paternity action, 5.4 unless, for good cause shown, he is unable to do so within the 5.5 30 days; a paternity action must be initiated by the putative 5.6 father in district court; application to the public authority 5.7 for paternity establishment services does not constitute 5.8 initiation of an action; and 5.9 (c) the child's tribe pursuant to section 257.352, 5.10 subdivision 3, if the child is an Indian child. 5.11 ThisNotice under this section need not be given to any5.12 above nameda person listed in this subdivision whose parental 5.13 rights have been terminated , whose notice of intention to retain5.14 parental rights filed pursuant to section 259.51 has been5.15 successfully challenged, who has consented to the adoption or5.16 who has waived notice of the hearing. The notice of the hearing 5.17 may be waived by a parent, guardian, or other interested party 5.18 by a writing executed before two competent witnesses and duly 5.19 acknowledged. The waiver shallmust be filed in the adoption 5.20 proceedings at any timebefore the matter is heard. 5.21 Sec. 9. [259.52] [PUTATIVE FATHERS' ADOPTION REGISTRY.] 5.22 Subdivision 1. [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.] 5.23 (a) The commissioner of health shall establish a putative 5.24 fathers' adoption registry for the purpose of determining the 5.25 identity and location of a putative father interested in a minor 5.26 child who is, or is expected to be, the subject of an adoption 5.27 proceeding, in order to provide notice of the adoption 5.28 proceeding to the putative father who is not otherwise entitled 5.29 to notice under section 259.49, subdivision 1, paragraph (a) or 5.30 (b), clauses (1) to (7). The commissioner of health may 5.31 establish informational material and public service 5.32 announcements necessary to implement this section. Any 5.33 limitation on a putative father's right to assert an interest in 5.34 the child as provided in this section applies only in adoption 5.35 proceedings and only to those putative fathers not entitled to 5.36 notice and consent under sections 259.24 and 259.49, subdivision 6.1 1, paragraph (a) or (b), clauses (1) to (7). The commissioner 6.2 of health has no independent obligation to gather or update the 6.3 information to be maintained on the registry. It is the 6.4 registrant's responsibility to update his personal information 6.5 on the registry. 6.6 (b) The putative fathers' adoption registry must contain 6.7 the following information: 6.8 (1) with respect to the putative father, the: 6.9 (i) name, including any other names by which the putative 6.10 father may be known and that he may provide to the registry; 6.11 (ii) address at which he may be served with notice of a 6.12 petition under this chapter, including any change of address; 6.13 (iii) social security number, if known; 6.14 (iv) date of birth; and 6.15 (v) if applicable, a certified copy of an order by a court 6.16 of another state or territory of the United States adjudicating 6.17 the putative father to be the father of this child; 6.18 (2) with respect to the mother of the child: 6.19 (i) name, including all other names known to the putative 6.20 father by which the mother may be known; 6.21 (ii) if known to the putative father, her last address; 6.22 (iii) social security number, if known; and 6.23 (iv) date of birth; 6.24 (3) if known to the putative father, the name, gender, 6.25 place of birth, and date of birth or anticipated date of birth 6.26 of the child; 6.27 (4) the date that the commissioner of health received the 6.28 putative father's registration; and 6.29 (5) other information the commissioner of health determines 6.30 by rule to be necessary for the orderly administration of the 6.31 registry. 6.32 (c) The commissioner of health shall set reasonable fees 6.33 for the use of the registry; however, a putative father shall 6.34 not be charged a fee for registering. Revenues generated by the 6.35 fee must be deposited in the state government special revenue 6.36 fund and appropriated to the commissioner of health to 7.1 administer the putative fathers' adoption registry. 7.2 Subd. 2. [REQUIREMENT TO SEARCH REGISTRY BEFORE ADOPTION 7.3 PETITION CAN BE GRANTED; PROOF OF SEARCH.] No petition for 7.4 adoption may be granted unless the agency supervising the 7.5 adoptive placement, the birth mother of the child, or, in the 7.6 case of a stepparent or relative adoption, the county agency 7.7 responsible for the report required under section 259.53, 7.8 subdivision 1, requests that the commissioner of health search 7.9 the registry to determine whether a putative father is 7.10 registered in relation to a child who is or may be the subject 7.11 of an adoption petition. The search required by this 7.12 subdivision must be conducted no sooner than 31 days following 7.13 the birth of the child. A search of the registry may be proven 7.14 by the production of a certified copy of the registration form 7.15 or by a certified statement of the commissioner of health that 7.16 after a search no registration of a putative father in relation 7.17 to a child who is or may be the subject of an adoption petition 7.18 could be located. Certification that the putative fathers' 7.19 adoption registry has been searched must be filed with the court 7.20 prior to entry of any final order of adoption. In addition to 7.21 the search required by this subdivision, the agency supervising 7.22 the adoptive placement, the birth mother of the child, or, in 7.23 the case of a stepparent or relative adoption, the county agency 7.24 responsible for the report under section 259.53, subdivision 1, 7.25 may request that the commissioner of health search the registry 7.26 at any time. 7.27 Subd. 3. [SEARCH OF REGISTRY FOR CHILD SUPPORT ENFORCEMENT 7.28 PURPOSES.] A public authority responsible for child support 7.29 enforcement that is attempting to establish a child support 7.30 obligation may request that the commissioner of health search 7.31 the registry to determine whether a putative father is 7.32 registered in relation to a child who is or may be the subject 7.33 of a child support obligation. A search of the registry may be 7.34 proven by the production of a certified copy of the registration 7.35 form or by a certified statement of the commissioner of health 7.36 that after a search, no registration of a putative father in 8.1 relation to the child could be located. No fee may be charged 8.2 to the public authority for use of the registry. 8.3 Subd. 4. [CLASSIFICATION OF REGISTRY DATA.] Data in the 8.4 putative fathers' adoption registry are private data on 8.5 individuals, as defined in section 13.02, subdivision 2. Data 8.6 in the registry may be released to: 8.7 (1) a person who is required to search the registry under 8.8 subdivision 2, if the data relate to the child who is or may be 8.9 the subject of the adoption petition; or 8.10 (2) a public authority as provided in subdivision 3. 8.11 A person who receives data under this subdivision may use 8.12 the data only for purposes authorized under this section or 8.13 other law. 8.14 Subd. 5. [CRIMINAL PENALTY FOR REGISTERING FALSE 8.15 INFORMATION.] A person who knowingly or intentionally registers 8.16 false information under this section is guilty of a misdemeanor. 8.17 Subd. 6. [WHO MAY REGISTER.] Any putative father may 8.18 register with the putative fathers' adoption registry. However, 8.19 any limitation on a putative father's right to assert an 8.20 interest in the child as provided in this section applies only 8.21 in adoption proceedings and only to those putative fathers not 8.22 entitled to notice and consent under sections 259.24 and 259.49, 8.23 subdivision 1, paragraph (a) or (b), clauses (1) to (7). 8.24 Subd. 7. [WHEN AND HOW TO REGISTER.] A putative father may 8.25 register with the department of health before the birth of the 8.26 child but must register no later than 30 days after the birth of 8.27 the child. Registrations must be in writing and signed by the 8.28 putative father. 8.29 Subd. 8. [FAILURE TO REGISTER.] Except for a putative 8.30 father who is entitled to notice and consent under sections 8.31 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses 8.32 (1) to (7), a putative father who fails to timely register with 8.33 the putative fathers' adoption registry under subdivision 7: 8.34 (1) is barred thereafter from bringing or maintaining an 8.35 action to assert any interest in the child during the pending 8.36 adoption proceeding concerning the child; 9.1 (2) is considered to have waived and surrendered any right 9.2 to notice of any hearing in any judicial proceeding for adoption 9.3 of the child, and consent of that person to the adoption of the 9.4 child is not required; and 9.5 (3) is considered to have abandoned the child. 9.6 Failure to register under subdivision 7 is prima facie 9.7 evidence of sufficient grounds to support termination of the 9.8 putative father's parental rights under section 260.221, 9.9 subdivision 1. 9.10 A putative father who has not timely registered under 9.11 subdivision 7 is considered to have timely registered if he 9.12 proves by clear and convincing evidence that: 9.13 (i) it was not possible for him to register within the 9.14 period of time specified in subdivision 7; 9.15 (ii) his failure to register was through no fault of his 9.16 own; and 9.17 (iii) he registered within ten days after it became 9.18 possible for him to file. 9.19 A lack of knowledge of the pregnancy or birth is not an 9.20 acceptable reason for failure to register. 9.21 Subd. 9. [NOTICE AND SERVICE FOR THOSE ON PUTATIVE 9.22 FATHERS' ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO 9.23 NOTICE.] Any time after conception, an interested party, 9.24 including persons intending to adopt a child, a child welfare 9.25 agency with whom the mother has placed or has given written 9.26 notice of her intention to place a child for adoption, the 9.27 mother of a child, or any attorney representing an interested 9.28 party, may file with the court administrator a written request 9.29 that the putative fathers on the registry who have registered in 9.30 relation to the child be served with a putative fathers' 9.31 adoption registry notice, an intent to claim parental rights 9.32 with entry of appearance form, and a denial of paternity with 9.33 entry of appearance and consent to adoption form pursuant to 9.34 subdivision 11. These documents may be served on a putative 9.35 father in the same manner as a summons is served in other civil 9.36 proceedings, or, in lieu of personal service, service may be 10.1 made as follows: 10.2 (a) The person requesting notice shall pay to the court 10.3 administrator a mailing fee plus the cost of United States 10.4 postage for certified or registered mail and furnish to the 10.5 court administrator an original and one copy of the putative 10.6 fathers' adoption registry notice, the intent to claim parental 10.7 rights with entry of appearance form, and the denial of 10.8 paternity with entry of appearance and consent to adoption form 10.9 together with an affidavit setting forth the putative father's 10.10 last known address. The original putative fathers' adoption 10.11 registry notice, the intent to claim parental rights with entry 10.12 of appearance form, and the denial of paternity with entry of 10.13 appearance and consent to adoption form must be retained by the 10.14 court administrator. 10.15 (b) The court administrator shall mail to the putative 10.16 father, at the address appearing in the affidavit, the copy of 10.17 the putative fathers' adoption registry notice, the intent to 10.18 claim parental rights with entry of appearance form, and the 10.19 denial of paternity with entry of appearance and consent to 10.20 adoption form by certified mail, return receipt requested. The 10.21 envelope and return receipt must bear the return address of the 10.22 court administrator. The receipt for certified mail must state 10.23 the name and address of the addressee and the date of mailing 10.24 and must be attached to the original notice. 10.25 (c) The return receipt, when returned to the court 10.26 administrator, must be attached to the original putative 10.27 fathers' adoption registry notice, the intent to claim parental 10.28 rights with entry of appearance form, and the denial of 10.29 paternity with entry of appearance and consent to adoption form 10.30 and constitutes proof of service. 10.31 (d) The court administrator shall note the fact of service 10.32 in a permanent record. 10.33 Subd. 10. [RESPONSE TO PUTATIVE FATHERS' ADOPTION REGISTRY 10.34 NOTICE; LIMITATION OF RIGHTS FOR FAILURE TO RESPOND AND UPON 10.35 FILING OF DISCLAIMER OF PATERNITY.] Within 30 days of receipt of 10.36 the putative fathers' adoption registry notice, the intent to 11.1 claim parental rights with entry of appearance form, and the 11.2 denial of paternity with entry of appearance and consent to 11.3 adoption form, the putative father must file a completed intent 11.4 to claim parental rights with entry of appearance form with the 11.5 court administrator stating that he intends to initiate a 11.6 paternity action within 30 days of receipt of the putative 11.7 fathers' adoption registry notice in order to preserve the right 11.8 to maintain an interest in the child and receive notice during 11.9 the pending adoption proceeding. Failure to initiate a 11.10 paternity action within 30 days of receipt of the putative 11.11 fathers' adoption registry notice does not act as a bar to 11.12 receiving notice under section 259.49. If good cause is shown, 11.13 the putative father must be allowed more time to initiate the 11.14 paternity action. A putative father who files a completed 11.15 denial of paternity with entry of appearance and consent to 11.16 adoption form or who fails to timely file an intent to claim 11.17 parental rights with entry of appearance form with the court: 11.18 (1) is barred from later bringing or maintaining an action 11.19 to assert any interest in the child during the pending adoption 11.20 proceeding concerning the child; 11.21 (2) is considered to have waived and surrendered a right to 11.22 notice of a hearing in any judicial proceeding for adoption of 11.23 the child, and consent of that person to the adoption of the 11.24 child is not required; and 11.25 (3) is considered to have abandoned the child. 11.26 Failure to register is prima facie evidence of sufficient 11.27 grounds to support termination of the putative father's parental 11.28 rights. 11.29 Subd. 11. [PUTATIVE FATHERS' ADOPTION REGISTRY NOTICE; 11.30 INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM; 11.31 DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND CONSENT TO 11.32 ADOPTION FORM.] (a) The putative father's adoption registry 11.33 notice sent under subdivision 9 must be substantially as follows: 11.34 "IN THE MATTER OF NOTICE TO .........., REGISTERED PUTATIVE 11.35 FATHER. 11.36 You have signed the putative fathers' adoption registry 12.1 indicating that you are the father of a child born on the 12.2 .......... day of .........., ...., (or expected to be born on 12.3 or about the ....... day of .........., ....). 12.4 The mother of the child is ........... 12.5 The mother has indicated that she intends to place the 12.6 child for adoption. 12.7 As the alleged father of the child by virtue of signing the 12.8 putative fathers' adoption registry, you have certain legal 12.9 rights with respect to the child, including the right to notice 12.10 of the filing of proceedings instituted for the adoption of the 12.11 child. If you wish to retain your rights with respect to the 12.12 child, you must file with the court administrator, Court of 12.13 .......... County, Minnesota, whose address is .........., 12.14 Minnesota, within 30 days after the date of receipt of this 12.15 notice, the enclosed intent to claim parental rights with entry 12.16 of appearance form stating that you are, in fact, the father of 12.17 the child and that you intend to retain your legal rights with 12.18 respect to the child by initiating a paternity action within 30 12.19 days of receipt of the putative fathers' adoption registry 12.20 notice. 12.21 If you do not file an intent to claim parental rights with 12.22 entry of appearance form or a request for notice, then whatever 12.23 legal rights you have with respect to the child, including the 12.24 right to notice of any future proceedings for the adoption of 12.25 the child, may be terminated without any further notice to you. 12.26 When your legal rights with respect to the child are so 12.27 terminated, you will not be entitled to notice of any proceeding 12.28 instituted for the adoption of the child. 12.29 If you are not the father of the child, you may file with 12.30 the court administrator the denial of paternity with entry of 12.31 appearance and consent to adoption form enclosed herewith and 12.32 you will receive no further notice with respect to the child." 12.33 (b) The intent to claim parental rights with entry of 12.34 appearance form sent under subdivision 9 must be substantially 12.35 as follows: 12.36 "INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE 13.1 I, .........., state as follows: 13.2 (1) That I am ..... years of age; and I reside at 13.3 .......... in the County of .........., State of ........... 13.4 (2) That I have been advised that .......... is the mother 13.5 of a .......... male/female child named .......... born or 13.6 expected to be born on or about .......... and that such mother 13.7 has stated that I am the father of this child. 13.8 (3) I declare that I am the father of this child. 13.9 (4) I understand that the mother of this child wishes to 13.10 consent to the adoption of this child. I do not consent to the 13.11 adoption of this child, and I understand that I must return this 13.12 intent to claim parental rights with entry of appearance form to 13.13 the court administrator of .......... County, located at 13.14 .........., within 30 days of receipt of this notice. 13.15 (5) I further understand that I am also obligated to 13.16 initiate a paternity action under the Parentage Act (Minnesota 13.17 Statutes, sections 257.51 to 257.74) within 30 days of my 13.18 receiving the putative fathers' adoption registry notice, or, if 13.19 the child is not yet born, within 30 days after the birth of the 13.20 child, unless for good cause shown I am unable to do so. That 13.21 proceeding is separate and distinct from the above mailing of 13.22 intent to claim parental rights with entry of appearance form; 13.23 in the paternity action, I must state that I am, in fact, the 13.24 father of said child for one or more of the reasons stated in 13.25 Minnesota Statutes, section 257.55, subdivision 1, and that I 13.26 intend to retain my legal rights with respect to said child, and 13.27 request to be notified of any further proceedings with respect 13.28 to custody or adoption of the child. 13.29 (6) I hereby enter my appearance in the above entitled 13.30 cause. 13.31 OATH 13.32 I have been duly sworn and I say under oath that I have 13.33 read and understand this intent to claim parental rights with 13.34 entry of appearance form. The facts that it contains are true 13.35 and correct to the best of my knowledge, and I understand that 13.36 by signing this document I admit my paternity. I have signed 14.1 this document as my free and voluntary act. 14.2 ........... 14.3 (Signature) 14.4 Dated this .......... day of .........., ..... 14.5 Signed and Sworn Before Me This ....... day of .........., ..... 14.6 ........... 14.7 (notary public)" 14.8 (c) The denial of paternity with entry of appearance and 14.9 consent to adoption form sent under subdivision 9 must be 14.10 substantially as follows: 14.11 "DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND 14.12 CONSENT TO ADOPTION 14.13 I, .........., state as follows: 14.14 (1) That I am ..... years of age; and I reside at 14.15 .......... in the County of .........., State of ........... 14.16 (2) That I have been advised that .......... is the mother 14.17 of a .......... male/female child named .......... born or 14.18 expected to be born on or about .......... and that I have 14.19 registered with the putative fathers' adoption registry stating 14.20 that I am the father of this child. 14.21 (3) I now deny that I am the father of this child. My 14.22 denial at this time will not subject me to any criminal 14.23 liability. 14.24 (4) I further understand that the mother of this child 14.25 wishes to consent to the adoption of the child. I hereby 14.26 consent to the adoption of this child, and waive any rights, 14.27 remedies, and defenses that I may have now or in the future. 14.28 This consent is being given in order to facilitate the adoption 14.29 of the child and so that the court may terminate what rights I 14.30 may have to the child. This consent is not in any manner an 14.31 admission of paternity. 14.32 (5) I hereby enter my appearance in the above entitled 14.33 cause and waive service of summons and other pleading. 14.34 OATH 14.35 I have been duly sworn and I say under oath that I have 14.36 read and understood this denial of paternity with entry of 15.1 appearance and consent to adoption. The facts it contains are 15.2 true and correct to the best of my knowledge, and I understand 15.3 that by signing this document I have not admitted paternity. I 15.4 have signed this document as my free and voluntary act in order 15.5 to facilitate the adoption of the child. 15.6 ........... 15.7 (Signature) 15.8 Dated this .......... day of .........., ..... 15.9 Signed and Sworn Before Me This ....... day of .........., ..... 15.10 ........... 15.11 (notary public)" 15.12 [The names of adoptive parents must not be included in the 15.13 notice.] 15.14 Subd. 12. [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof 15.15 of indigency, a putative father who has registered with the 15.16 fathers' adoption registry, has received a putative fathers' 15.17 adoption registry notice, and has timely filed an intent to 15.18 claim paternal rights with entry of appearance form with the 15.19 court administrator, must have counsel appointed at public 15.20 expense. 15.21 Subd. 13. [APPLICABILITY OF INDIAN CHILD WELFARE ACT.] In 15.22 an action involving an American Indian child, sections 257.35 to 15.23 257.3579, and the Indian child welfare act, United States Code, 15.24 title 25, sections 1901 to 1923, control to the extent that the 15.25 provisions of this section are inconsistent with those laws. 15.26 The public acts, records, and judicial proceedings of any Indian 15.27 tribe that provide an acknowledgment of paternity or that 15.28 establish paternity pursuant to tribal law or custom shall be 15.29 given full faith and credit as provided in United States Code, 15.30 title 25, section 1911(d). Nothing in this section defeats the 15.31 right of an Indian father who has acknowledged or established 15.32 his paternity pursuant to tribal law or custom to commence a 15.33 paternity proceeding, except that no father may file a paternity 15.34 proceeding after the entry of a final decree of adoption. 15.35 Subd. 14. [FEES FOR PUTATIVE FATHERS' ADOPTION 15.36 REGISTRY.] The district court administrator in every judicial 16.1 district shall, in addition to any other filing fees, assess a 16.2 $75 adoption filing fee surcharge on each adoption petition 16.3 filed in the district court for the purpose of implementing and 16.4 maintaining the putative fathers' adoption registry. The court 16.5 administrator shall forward fees collected under this 16.6 subdivision to the commissioner of finance for deposit into the 16.7 state government special revenue fund to be appropriated to the 16.8 commissioner of health to administer the putative fathers' 16.9 adoption registry established under this section. 16.10 Sec. 10. Minnesota Statutes 1996, section 260.221, 16.11 subdivision 1, is amended to read: 16.12 Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile 16.13 court may upon petition, terminate all rights of a parent to a 16.14 child in the following cases:16.15 (a)with the written consent of a parent who for good cause 16.16 desires to terminate parental rights; or 16.17 (b)if it finds that one or more of the following 16.18 conditions exist: 16.19 (1) That the parent has abandoned the child .; or 16.20 Abandonment is presumed when:16.21 (i) the parent has had no contact with the child on a16.22 regular basis and no demonstrated, consistent interest in the16.23 child's well-being for six months; and16.24 (ii) the social service agency has made reasonable efforts16.25 to facilitate contact, unless the parent establishes that an16.26 extreme financial or physical hardship or treatment for mental16.27 disability or chemical dependency or other good cause prevented16.28 the parent from making contact with the child. This presumption16.29 does not apply to children whose custody has been determined16.30 under chapter 257 or 518. The court is not prohibited from16.31 finding abandonment in the absence of this presumption; or16.32 (2) That the parent has substantially, continuously, or 16.33 repeatedly refused or neglected to comply with the duties 16.34 imposed upon that parent by the parent and child relationship, 16.35 including but not limited to providing the child with necessary 16.36 food, clothing, shelter, education, and other care and control 17.1 necessary for the child's physical, mental, or emotional health 17.2 and development, if the parent is physically and financially 17.3 able, and reasonable efforts by the social service agency have 17.4 failed to correct the conditions that formed the basis of the 17.5 petition; or 17.6 (3) That a parent has been ordered to contribute to the 17.7 support of the child or financially aid in the child's birth and 17.8 has continuously failed to do so without good cause. This 17.9 clause shall not be construed to state a grounds for termination 17.10 of parental rights of a noncustodial parent if that parent has 17.11 not been ordered to or cannot financially contribute to the 17.12 support of the child or aid in the child's birth; or 17.13 (4) That a parent is palpably unfit to be a party to the 17.14 parent and child relationship because of a consistent pattern of 17.15 specific conduct before the child or of specific conditions 17.16 directly relating to the parent and child relationship either of 17.17 which are determined by the court to be of a duration or nature 17.18 that renders the parent unable, for the reasonably foreseeable 17.19 future, to care appropriately for the ongoing physical, mental, 17.20 or emotional needs of the child. It is presumed that a parent 17.21 is palpably unfit to be a party to the parent and child 17.22 relationship upon a showing that: 17.23 (i) the child was adjudicated in need of protection or 17.24 services due to circumstances described in section 260.015, 17.25 subdivision 2a, clause (1), (2), (3), (5), or (8); and 17.26 (ii) within the three-year period immediately prior to that 17.27 adjudication, the parent's parental rights to one or more other 17.28 children were involuntarily terminated under clause (1), (2), 17.29 (4), or (7), or under clause (5) if the child was initially 17.30 determined to be in need of protection or services due to 17.31 circumstances described in section 260.015, subdivision 2a, 17.32 clause (1), (2), (3), (5), or (8); or 17.33 (5) That following upon a determination of neglect or 17.34 dependency, or of a child's need for protection or services, 17.35 reasonable efforts, under the direction of the court, have 17.36 failed to correct the conditions leading to the determination. 18.1 It is presumed that reasonable efforts under this clause have 18.2 failed upon a showing that: 18.3 (i) a child has resided out of the parental home under 18.4 court order for more than one year following an adjudication of 18.5 dependency, neglect, need for protection or services under 18.6 section 260.015, subdivision 2a, clause (1), (2), (3), (6), (8), 18.7 or (9), or neglected and in foster care, and an order for 18.8 disposition under section 260.191, including adoption of the 18.9 case plan required by section 257.071; 18.10 (ii) conditions leading to the determination will not be 18.11 corrected within the reasonably foreseeable future. It is 18.12 presumed that conditions leading to a child's out-of-home 18.13 placement will not be corrected in the reasonably foreseeable 18.14 future upon a showing that the parent or parents have not 18.15 substantially complied with the court's orders and a reasonable 18.16 case plan, and the conditions which led to the out-of-home 18.17 placement have not been corrected; and 18.18 (iii) reasonable efforts have been made by the social 18.19 service agency to rehabilitate the parent and reunite the family. 18.20 This clause does not prohibit the termination of parental 18.21 rights prior to one year after a child has been placed out of 18.22 the home. 18.23 It is also presumed that reasonable efforts have failed 18.24 under this clause upon a showing that: 18.25 (i) the parent has been diagnosed as chemically dependent 18.26 by a professional certified to make the diagnosis; 18.27 (ii) the parent has been required by a case plan to 18.28 participate in a chemical dependency treatment program; 18.29 (iii) the treatment programs offered to the parent were 18.30 culturally, linguistically, and clinically appropriate; 18.31 (iv) the parent has either failed two or more times to 18.32 successfully complete a treatment program or has refused at two 18.33 or more separate meetings with a caseworker to participate in a 18.34 treatment program; and 18.35 (v) the parent continues to abuse chemicals. 18.36 Provided, that this presumption applies only to parents required 19.1 by a case plan to participate in a chemical dependency treatment 19.2 program on or after July 1, 1990; or 19.3 (6) That a child has experienced egregious harm in the 19.4 parent's care which is of a nature, duration, or chronicity that 19.5 indicates a lack of regard for the child's well-being, such that 19.6 a reasonable person would believe it contrary to the best 19.7 interest of the child or of any child to be in the parent's 19.8 care; or 19.9 (7) That in the case of a child born to a mother who was 19.10 not married to the child's father when the child was conceived 19.11 nor when the child was born the person is not entitled to notice 19.12 of an adoption hearing under section 259.49 and eitherthe 19.13 person has not filed a notice of intent to retain parental19.14 rights under section 259.51 or that the notice has been19.15 successfully challengedregistered with the putative fathers' 19.16 adoption registry under section 259.52; or 19.17 (8) That the child is neglected and in foster care. 19.18 In an action involving an American Indian child, sections 257.35 19.19 to 257.3579 and the Indian Child Welfare Act, United States 19.20 Code, title 25, sections 1901 to 1923, control to the extent 19.21 that the provisions of this section are inconsistent with those 19.22 laws. 19.23 Sec. 11. Minnesota Statutes 1996, section 260.221, is 19.24 amended by adding a subdivision to read: 19.25 Subd. 1a. [EVIDENCE OF ABANDONMENT.] For purposes of 19.26 subdivision 1, clause (1): 19.27 (a) Abandonment is presumed when: 19.28 (1) the parent has had no contact with the child on a 19.29 regular basis and not demonstrated consistent interest in the 19.30 child's well-being for six months; and 19.31 (2) the social service agency has made reasonable efforts 19.32 to facilitate contact, unless the parent establishes that an 19.33 extreme financial or physical hardship or treatment for mental 19.34 disability or chemical dependency or other good cause prevented 19.35 the parent from making contact with the child. This presumption 19.36 does not apply to children whose custody has been determined 20.1 under chapter 257 or 518. The court is not prohibited from 20.2 finding abandonment in the absence of this presumption. 20.3 (b) The following are prima facie evidence of abandonment 20.4 where adoption proceedings are pending and there has been a 20.5 showing that the person was not entitled to notice of an 20.6 adoption proceeding under section 259.49: 20.7 (1) failure to register with the putative fathers' adoption 20.8 registry under section 259.52; or 20.9 (2) if the person registered with the putative fathers' 20.10 adoption registry under section 259.52: 20.11 (i) filing a denial of paternity within 30 days of receipt 20.12 of notice under section 259.52, subdivision 8; 20.13 (ii) failing to timely file an intent to claim parental 20.14 rights with entry of appearance form within 30 days of receipt 20.15 of notice under section 259.52, subdivision 10; or 20.16 (iii) timely filing an intent to claim parental rights with 20.17 entry of appearance form within 30 days of receipt of notice 20.18 under section 259.52, subdivision 10, but failing to initiate a 20.19 paternity action within 30 days of receiving the putative 20.20 fathers' adoption registry notice where there has been no 20.21 showing of good cause for the delay. 20.22 Sec. 12. Minnesota Statutes 1996, section 357.021, 20.23 subdivision 2, is amended to read: 20.24 Subd. 2. [FEE AMOUNTS.] The fees to be charged and 20.25 collected by the court administrator shall be as follows: 20.26 (1) In every civil action or proceeding in said court, 20.27 including any case arising under the tax laws of the state that 20.28 could be transferred or appealed to the tax court, the 20.29 plaintiff, petitioner, or other moving party shall pay, when the 20.30 first paper is filed for that party in said action, a fee of 20.31 $122. 20.32 The defendant or other adverse or intervening party, or any 20.33 one or more of several defendants or other adverse or 20.34 intervening parties appearing separately from the others, shall 20.35 pay, when the first paper is filed for that party in said 20.36 action, a fee of $122. 21.1 The party requesting a trial by jury shall pay $75. 21.2 The fees above stated shall be the full trial fee 21.3 chargeable to said parties irrespective of whether trial be to 21.4 the court alone, to the court and jury, or disposed of without 21.5 trial, and shall include the entry of judgment in the action, 21.6 but does not include copies or certified copies of any papers so 21.7 filed or proceedings under chapter 103E, except the provisions 21.8 therein as to appeals. 21.9 (2) Certified copy of any instrument from a civil or 21.10 criminal proceeding, $10, and $5 for an uncertified copy. 21.11 (3) Issuing a subpoena, $3 for each name. 21.12 (4) Issuing an execution and filing the return thereof; 21.13 issuing a writ of attachment, injunction, habeas corpus, 21.14 mandamus, quo warranto, certiorari, or other writs not 21.15 specifically mentioned, $10. 21.16 (5) Issuing a transcript of judgment, or for filing and 21.17 docketing a transcript of judgment from another court, $7.50. 21.18 (6) Filing and entering a satisfaction of judgment, partial 21.19 satisfaction, or assignment of judgment, $5. 21.20 (7) Certificate as to existence or nonexistence of 21.21 judgments docketed, $5 for each name certified to. 21.22 (8) Filing and indexing trade name; or recording basic 21.23 science certificate; or recording certificate of physicians, 21.24 osteopaths, chiropractors, veterinarians, or optometrists, $5. 21.25 (9) For the filing of each partial, final, or annual 21.26 account in all trusteeships, $10. 21.27 (10) For the deposit of a will, $5. 21.28 (11) For recording notary commission, $25, of which, 21.29 notwithstanding subdivision 1a, paragraph (b), $20 must be 21.30 forwarded to the state treasurer to be deposited in the state 21.31 treasury and credited to the general fund. 21.32 (12) When a defendant pleads guilty to or is sentenced for 21.33 a petty misdemeanor other than a parking violation, the 21.34 defendant shall pay a fee of $11. 21.35 (13) Filing a motion or response to a motion for 21.36 modification of child support, a fee fixed by rule or order of 22.1 the supreme court. 22.2 (14) All other services required by law for which no fee is 22.3 provided, such fee as compares favorably with those herein 22.4 provided, or such as may be fixed by rule or order of the court. 22.5 (15) In addition to any other filing fees under this 22.6 chapter, a surcharge in the amount of $75 must be assessed in 22.7 accordance with section 259.52, subdivision 14, for each 22.8 adoption petition filed in district court to fund the putative 22.9 fathers' adoption registry under section 259.52. 22.10 The fees in clauses (3) and (4) need not be paid by a 22.11 public authority or the party the public authority represents. 22.12 Sec. 13. [REPEALER.] 22.13 Minnesota Statutes 1996, section 259.51, is repealed. 22.14 Sec. 14. [EFFECTIVE DATE.] 22.15 Sections 9, subdivision 14; and 12, are effective July 1, 22.16 1997. Sections 1 to 8; 9, subdivisions 1 to 13; 10; 11; and 13, 22.17 are effective for births occurring on or after January 1, 1998.