SF 203

3rd 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 fathers' adoption 
  1.3             registry; amending adoption notice and consent 
  1.4             provisions relating to fathers; appropriating money; 
  1.5             amending Minnesota Statutes 1996, sections 13.99, by 
  1.6             adding a subdivision; 257.352, subdivision 3, and by 
  1.7             adding subdivisions; 259.49, subdivision 1; 260.221, 
  1.8             subdivision 1, and by adding a subdivision; and 
  1.9             357.021, subdivision 2; proposing coding for new law 
  1.10            in Minnesota Statutes, chapter 259; repealing 
  1.11            Minnesota Statutes 1996, section 259.51. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 13.99, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 76b.  [FATHERS' ADOPTION REGISTRY.] Data in the 
  1.16  fathers' adoption registry are classified under section 259.52, 
  1.17  subdivision 4. 
  1.18     Sec. 2.  Minnesota Statutes 1996, section 257.352, 
  1.19  subdivision 3, is amended to read: 
  1.20     Subd. 3.  [PRIVATE CHILD-PLACING AGENCY NOTICE OF POTENTIAL 
  1.21  PREADOPTIVE OR ADOPTIVE PLACEMENT.] When a private child-placing 
  1.22  agency determines that an Indian child is in a dependent or 
  1.23  other condition that could lead to a preadoptive or adoptive 
  1.24  placement, the agency shall send notice of the condition to 
  1.25  the In any voluntary adoptive or preadoptive placement 
  1.26  proceeding in which a local social service agency, private 
  1.27  child-placing agency, petitioner in the adoption, or any other 
  1.28  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 determination by 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 fathers' adoption registry pursuant to 
  2.33  section 259.52, the agency or person shall provide to the tribe 
  2.34  believed to be the Indian child's tribe information sufficient 
  2.35  to enable the tribe to determine the child's eligibility for 
  2.36  membership in the tribe, including, but not limited to, the 
  3.1   legal and maiden name of the birth mother, her date of birth, 
  3.2   the names and dates of birth of her parents and grandparents, 
  3.3   and, if available, information pertaining to the possible 
  3.4   identity, tribal affiliation, or location of the birth father. 
  3.5      Sec. 4.  Minnesota Statutes 1996, section 257.352, is 
  3.6   amended by adding a subdivision to read: 
  3.7      Subd. 3b.  [PROOF OF SERVICE OF NOTICE UPON TRIBE OR 
  3.8   SECRETARY.] In cases where an agency or party to an adoptive 
  3.9   placement knows or has reason to believe that a child is or may 
  3.10  be an Indian child, proof of service upon the child's tribe or 
  3.11  the secretary of interior must be filed with the adoption 
  3.12  petition. 
  3.13     Sec. 5.  Minnesota Statutes 1996, section 257.352, is 
  3.14  amended by adding a subdivision to read: 
  3.15     Subd. 3c.  [INDIAN TRIBE'S RIGHT OF INTERVENTION.] In any 
  3.16  state court proceeding for the voluntary adoptive or preadoptive 
  3.17  placement of an Indian child, the Indian child's tribe shall 
  3.18  have a right to intervene at any point in the proceeding. 
  3.19     Sec. 6.  Minnesota Statutes 1996, section 259.49, 
  3.20  subdivision 1, is amended to read: 
  3.21     Subdivision 1.  [TO WHOM GIVEN.] Except as provided in 
  3.22  subdivision 3, and subject to section 259.51 259.52, notice of 
  3.23  the hearing upon a petition to adopt a child shall must be given 
  3.24  to:  
  3.25     (1) (a) the guardian, if any, of a child; 
  3.26     (2) (b) the parent of a child if: 
  3.27     (a) (1) the person's name appears on the child's birth 
  3.28  certificate, as a parent, or; 
  3.29     (b) (2) the person has substantially supported the child, 
  3.30  or; 
  3.31     (c) (3) the person either was married to the person 
  3.32  designated on the birth certificate as the natural mother within 
  3.33  the 325 days before the child's birth or married that person 
  3.34  within the ten days after the child's birth, or; 
  3.35     (d) (4) the person is openly living with the child or the 
  3.36  person designated on the birth certificate as the natural mother 
  4.1   of the child, or both, or; 
  4.2      (e) (5) the person has been adjudicated the child's parent, 
  4.3   or; 
  4.4      (f) (6) the person has filed an affidavit pursuant to 
  4.5   section 259.51. a paternity action within 30 days after the 
  4.6   child's birth and the action is still pending; 
  4.7      (7) the person and the mother of the child have signed a 
  4.8   declaration of parentage under section 257.34 before August 1, 
  4.9   1995, which has not been revoked or a recognition of parentage 
  4.10  under section 257.75, which has not been revoked or vacated; or 
  4.11     (8) the person: 
  4.12     (i) is not entitled to notice under clauses (1) to (7); 
  4.13     (ii) has registered with the fathers' adoption registry; 
  4.14     (iii) after receiving a fathers' adoption registry notice, 
  4.15  has timely filed an intent to retain parental rights with entry 
  4.16  of appearance form under section 259.52; and 
  4.17     (iv) within 30 days of receipt of the fathers' adoption 
  4.18  registry notice has initiated a paternity action, unless, for 
  4.19  good cause shown, he is unable to do so within the 30 days; a 
  4.20  paternity action must be initiated by the father in district 
  4.21  court; application to the public authority for paternity 
  4.22  establishment services does not constitute initiation of an 
  4.23  action; and 
  4.24     (c) the child's tribe pursuant to section 257.352, 
  4.25  subdivision 3, if the child is an Indian child. 
  4.26     This Notice under this section need not be given to any 
  4.27  above named a person listed in this subdivision whose parental 
  4.28  rights have been terminated, whose notice of intention to retain 
  4.29  parental rights filed pursuant to section 259.51 has been 
  4.30  successfully challenged, who has consented to the adoption or 
  4.31  who has waived notice of the hearing.  The notice of the hearing 
  4.32  may be waived by a parent, guardian, or other interested party 
  4.33  by a writing executed before two competent witnesses and duly 
  4.34  acknowledged.  The waiver shall must be filed in the adoption 
  4.35  proceedings at any time before the matter is heard. 
  4.36     Sec. 7.  [259.52] [FATHERS' ADOPTION REGISTRY.] 
  5.1      Subdivision 1.  [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.] 
  5.2   (a) The commissioner of health shall establish a fathers' 
  5.3   adoption registry for the purpose of determining the identity 
  5.4   and location of a father interested in a minor child who is, or 
  5.5   is expected to be, the subject of an adoption proceeding, in 
  5.6   order to provide notice of the adoption proceeding to the father 
  5.7   who is not otherwise entitled to notice under section 259.49, 
  5.8   subdivision 1, paragraph (a) or (b), clauses (1) to (7).  The 
  5.9   commissioner may establish rules, informational material, and 
  5.10  public service announcements necessary to implement this section.
  5.11  Any limitation on a father's right to assert an interest in the 
  5.12  child as provided in this section applies only in adoption 
  5.13  proceedings and only to those fathers not entitled to notice and 
  5.14  consent under sections 259.24 and 259.49, subdivision 1, 
  5.15  paragraph (a) or (b), clauses (1) to (7).  The commissioner has 
  5.16  no independent obligation to gather or update the information to 
  5.17  be maintained on the registry.  It is the registrant's 
  5.18  responsibility to update his personal information on the 
  5.19  registry.  
  5.20     (b) The fathers' adoption registry must contain the 
  5.21  following information: 
  5.22     (1) with respect to the father, the: 
  5.23     (i) name, including any other names by which the father may 
  5.24  be known and that he may provide to the registry; 
  5.25     (ii) address at which he may be served with notice of a 
  5.26  petition under this chapter, including any change of address; 
  5.27     (iii) social security number, if known; 
  5.28     (iv) date of birth; and 
  5.29     (v) if applicable, a certified copy of an order by a court 
  5.30  of another state or territory of the United States adjudicating 
  5.31  the father to be the father of this child; 
  5.32     (2) with respect to the mother of the child: 
  5.33     (i) name, including all other names known to the father by 
  5.34  which the mother may be known; 
  5.35     (ii) if known to the father, her last address; 
  5.36     (iii) social security number, if known; and 
  6.1      (iv) date of birth; 
  6.2      (3) if known to the father, the name, gender, place of 
  6.3   birth, and date of birth or anticipated date of birth of the 
  6.4   child; 
  6.5      (4) the date that the commissioner received the father's 
  6.6   registration; and 
  6.7      (5) other information the commissioner determines by rule 
  6.8   to be necessary for the orderly administration of the registry. 
  6.9      (c) The commissioner shall set reasonable fees for the use 
  6.10  of the registry; however, a prospective father shall not be 
  6.11  charged a fee for registering.  Revenues generated by the fee 
  6.12  must be deposited in the state government special revenue fund 
  6.13  and appropriated to the commissioner of health to administer the 
  6.14  fathers' adoption registry. 
  6.15     Subd. 2.  [REQUIREMENT TO SEARCH REGISTRY BEFORE ADOPTION 
  6.16  PETITION CAN BE GRANTED; PROOF OF SEARCH.] No petition for 
  6.17  adoption may be granted unless the agency supervising the 
  6.18  adoptive placement, the genetic mother of the child, or, in the 
  6.19  case of a stepparent or relative adoption, the county agency 
  6.20  responsible for the report required under section 259.53, 
  6.21  subdivision 1, requests that the commissioner search the 
  6.22  registry to determine whether a father is registered in relation 
  6.23  to a child who is or may be the subject of an adoption 
  6.24  petition.  A search of the registry may be proven by the 
  6.25  production of a certified copy of the registration form or by a 
  6.26  certified statement of the commissioner that after a search no 
  6.27  registration of a father in relation to a child who is or may be 
  6.28  the subject of an adoption petition could be located.  
  6.29  Certification that the fathers' adoption registry has been 
  6.30  searched must be filed with the court prior to entry of any 
  6.31  final order of adoption. 
  6.32     Subd. 3.  [SEARCH OF REGISTRY FOR CHILD SUPPORT ENFORCEMENT 
  6.33  PURPOSES.] A public authority responsible for child support 
  6.34  enforcement that is attempting to establish a child support 
  6.35  obligation may request that the commissioner search the registry 
  6.36  to determine whether a father is registered in relation to a 
  7.1   child who is or may be the subject of a child support 
  7.2   obligation.  A search of the registry may be proven by the 
  7.3   production of a certified copy of the registration form or by a 
  7.4   certified statement of the commissioner that after a search, no 
  7.5   registration of a father in relation to the child could be 
  7.6   located.  No fee may be charged to the public authority for use 
  7.7   of the registry. 
  7.8      Subd. 4.  [CLASSIFICATION OF REGISTRY DATA.] Data in the 
  7.9   fathers' adoption registry are private data on individuals, as 
  7.10  defined in section 13.02, subdivision 2.  Data in the registry 
  7.11  may be released to: 
  7.12     (1) a person who is required to search the registry under 
  7.13  subdivision 2, if the data relate to the child who is or may be 
  7.14  the subject of the adoption petition; or 
  7.15     (2) a public authority as provided in subdivision 3. 
  7.16     A person who receives data under this subdivision may use 
  7.17  the data only for purposes authorized under this section or 
  7.18  other law. 
  7.19     Subd. 5.  [CRIMINAL PENALTY FOR REGISTERING FALSE 
  7.20  INFORMATION.] A person who knowingly or intentionally registers 
  7.21  false information under this section is guilty of a misdemeanor. 
  7.22     Subd. 6.  [WHO MAY REGISTER.] Any father may register with 
  7.23  the fathers' adoption registry.  However, any limitation on a 
  7.24  father's right to assert an interest in the child as provided in 
  7.25  this section applies only in adoption proceedings and only to 
  7.26  those fathers not entitled to notice and consent under sections 
  7.27  259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses 
  7.28  (1) to (7). 
  7.29     Subd. 7.  [WHEN AND HOW TO REGISTER.] A father may register 
  7.30  with the department of health before the birth of the child but 
  7.31  must register no later than 30 days after the birth of the 
  7.32  child.  Registrations must be in writing and signed by the 
  7.33  father. 
  7.34     Subd. 8.  [FAILURE TO REGISTER.] Except for a father who is 
  7.35  entitled to notice and consent under sections 259.24 and 259.49, 
  7.36  subdivision 1, paragraph (a) or (b), clauses (1) to (7), a 
  8.1   father who fails to timely register with the fathers' adoption 
  8.2   registry under subdivision 7: 
  8.3      (1) is barred thereafter from bringing or maintaining an 
  8.4   action to assert any interest in the child during the pending 
  8.5   adoption proceeding concerning the child; 
  8.6      (2) is considered to have waived and surrendered any right 
  8.7   to notice of any hearing in any judicial proceeding for adoption 
  8.8   of the child, and consent of that person to the adoption of the 
  8.9   child is not required; and 
  8.10     (3) is considered to have abandoned the child. 
  8.11     Failure to register under subdivision 7 is prima facie 
  8.12  evidence of sufficient grounds to support termination of the 
  8.13  father's parental rights under section 260.221, subdivision 1. 
  8.14     A father who has not timely registered under subdivision 7 
  8.15  is considered to have timely registered if he proves by clear 
  8.16  and convincing evidence that: 
  8.17     (i) it was not possible for him to register within the 
  8.18  period of time specified in subdivision 7; 
  8.19     (ii) his failure to register was through no fault of his 
  8.20  own; and 
  8.21     (iii) he registered within ten days after it became 
  8.22  possible for him to file. 
  8.23     A lack of knowledge of the pregnancy or birth is not an 
  8.24  acceptable reason for failure to register.  
  8.25     Subd. 9.  [NOTICE AND SERVICE FOR THOSE ON FATHERS' 
  8.26  ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO NOTICE.] Any 
  8.27  time after conception, an interested party, including persons 
  8.28  intending to adopt a child, a child welfare agency with whom the 
  8.29  mother has placed or has given written notice of her intention 
  8.30  to place a child for adoption, the mother of a child, or any 
  8.31  attorney representing an interested party, may file with the 
  8.32  court administrator a written request that the fathers on the 
  8.33  registry be served with a fathers' adoption registry notice, an 
  8.34  intent to claim parental rights with entry of appearance form, 
  8.35  and a denial of paternity with entry of appearance and consent 
  8.36  to adoption form pursuant to subdivision 11.  These documents 
  9.1   may be served on a father in the same manner as a summons is 
  9.2   served in other civil proceedings, or, in lieu of personal 
  9.3   service, service may be made as follows: 
  9.4      (a) The person requesting notice shall pay to the court 
  9.5   administrator a mailing fee plus the cost of United States 
  9.6   postage for certified or registered mail and furnish to the 
  9.7   court administrator an original and one copy of the fathers' 
  9.8   adoption registry notice, the intent to claim parental rights 
  9.9   with entry of appearance form, and the denial of paternity with 
  9.10  entry of appearance and consent to adoption form together with 
  9.11  an affidavit setting forth the father's last known address.  The 
  9.12  original fathers' adoption registry notice, the intent to claim 
  9.13  parental rights with entry of appearance form, and the denial of 
  9.14  paternity with entry of appearance and consent to adoption form 
  9.15  must be retained by the court administrator. 
  9.16     (b) The court administrator shall mail to the father, at 
  9.17  the address appearing in the affidavit, the copy of the fathers' 
  9.18  adoption registry notice, the intent to claim parental rights 
  9.19  with entry of appearance form, and the denial of paternity with 
  9.20  entry of appearance and consent to adoption form by certified 
  9.21  mail, return receipt requested.  The envelope and return receipt 
  9.22  must bear the return address of the court administrator.  The 
  9.23  receipt for certified mail must state the name and address of 
  9.24  the addressee and the date of mailing and must be attached to 
  9.25  the original notice. 
  9.26     (c) The return receipt, when returned to the court 
  9.27  administrator, must be attached to the original fathers' 
  9.28  adoption registry notice, the intent to claim parental rights 
  9.29  with entry of appearance form, and the denial of paternity with 
  9.30  entry of appearance and consent to adoption form and constitutes 
  9.31  proof of service. 
  9.32     (d) The court administrator shall note the fact of service 
  9.33  in a permanent record. 
  9.34     Subd. 10.  [RESPONSE TO FATHERS' ADOPTION REGISTRY NOTICE; 
  9.35  LIMITATION OF RIGHTS FOR FAILURE TO RESPOND AND UPON FILING OF 
  9.36  DISCLAIMER OF PATERNITY.] Within 30 days of receipt of the 
 10.1   fathers' adoption registry notice, the intent to claim parental 
 10.2   rights with entry of appearance form, and the denial of 
 10.3   paternity with entry of appearance and consent to adoption form, 
 10.4   the father must file a completed intent to claim parental rights 
 10.5   with entry of appearance form with the court administrator 
 10.6   stating that he intends to initiate a paternity action within 30 
 10.7   days of receipt of the fathers' adoption registry notice in 
 10.8   order to preserve the right to maintain an interest in the child 
 10.9   and receive notice during the pending adoption proceeding.  
 10.10  Failure to initiate a paternity action within 30 days of receipt 
 10.11  of the father's adoption registry notice does not act as a bar 
 10.12  to receiving notice under section 259.49.  If good cause is 
 10.13  shown, the father must be allowed more time to initiate the 
 10.14  paternity action.  A father who files a completed denial of 
 10.15  paternity with entry of appearance and consent to adoption form 
 10.16  or who fails to timely file an intent to claim parental rights 
 10.17  with entry of appearance form with the court: 
 10.18     (1) is barred from later bringing or maintaining an action 
 10.19  to assert any interest in the child during the pending adoption 
 10.20  proceeding concerning the child; 
 10.21     (2) is considered to have waived and surrendered a right to 
 10.22  notice of a hearing in any judicial proceeding for adoption of 
 10.23  the child, and consent of that person to the adoption of the 
 10.24  child is not required; and 
 10.25     (3) is considered to have abandoned the child.  
 10.26  Failure to register is prima facie evidence of sufficient 
 10.27  grounds to support termination of the father's parental rights. 
 10.28     Subd. 11.  [FATHERS' ADOPTION REGISTRY NOTICE; INTENT TO 
 10.29  CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM; DENIAL OF 
 10.30  PATERNITY WITH ENTRY OF APPEARANCE AND CONSENT TO ADOPTION 
 10.31  FORM.] (a) The father's adoption registry notice sent under 
 10.32  subdivision 9 must be substantially as follows: 
 10.33     "IN THE MATTER OF NOTICE TO .........., REGISTERED FATHER. 
 10.34     You have signed the father's adoption registry indicating 
 10.35  that you are the father of a child born on the .......... day of 
 10.36  .........., ...., (or expected to be born on or about the 
 11.1   ....... day of .........., ....). 
 11.2      The mother of the child is ........... 
 11.3      The mother has indicated that she intends to place the 
 11.4   child for adoption. 
 11.5      As the alleged father of the child by virtue of signing the 
 11.6   father's adoption registry, you have certain legal rights with 
 11.7   respect to the child, including the right to notice of the 
 11.8   filing of proceedings instituted for the adoption of the child.  
 11.9   If you wish to retain your rights with respect to the child, you 
 11.10  must file with the court administrator, Court of .......... 
 11.11  County, Minnesota, whose address is .........., Minnesota, 
 11.12  within 30 days after the date of receipt of this notice, the 
 11.13  enclosed intent to claim parental rights with entry of 
 11.14  appearance form stating that you are, in fact, the father of the 
 11.15  child and that you intend to retain your legal rights with 
 11.16  respect to the child by initiating a paternity action within 30 
 11.17  days of receipt of the fathers' adoption registry notice. 
 11.18     If you do not file an intent to claim parental rights with 
 11.19  entry of appearance form or a request for notice, then whatever 
 11.20  legal rights you have with respect to the child, including the 
 11.21  right to notice of any future proceedings for the adoption of 
 11.22  the child, may be terminated without any further notice to you.  
 11.23  When your legal rights with respect to the child are so 
 11.24  terminated, you will not be entitled to notice of any proceeding 
 11.25  instituted for the adoption of the child. 
 11.26     If you are not the father of the child, you may file with 
 11.27  the court administrator the denial of paternity with entry of 
 11.28  appearance and consent to adoption form enclosed herewith and 
 11.29  you will receive no further notice with respect to the child." 
 11.30     (b) The intent to claim parental rights with entry of 
 11.31  appearance form sent under subdivision 9 must be substantially 
 11.32  as follows: 
 11.33    "INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE
 11.34  I, .........., state as follows: 
 11.35     (1) That I am ..... years of age; and I reside at 
 11.36  .......... in the County of .........., State of ........... 
 12.1      (2) That I have been advised that .......... is the mother 
 12.2   of a .......... male/female child named .......... born or 
 12.3   expected to be born on or about .......... and that such mother 
 12.4   has stated that I am the father of this child. 
 12.5      (3) I declare that I am the father of this child. 
 12.6      (4) I understand that the mother of this child wishes to 
 12.7   consent to the adoption of this child.  I do not consent to the 
 12.8   adoption of this child, and I understand that I must return this 
 12.9   intent to claim parental rights with entry of appearance form to 
 12.10  the court administrator of .......... County, located at 
 12.11  .........., within 30 days of receipt of this notice. 
 12.12     (5) I further understand that I am also obligated to 
 12.13  initiate a paternity action under the Parentage Act (Minnesota 
 12.14  Statutes, sections 257.51 to 257.74) within 30 days of my 
 12.15  receiving the fathers' adoption registry notice, or, if the 
 12.16  child is not yet born, within 30 days after the birth of the 
 12.17  child, unless for good cause shown I am unable to do so.  That 
 12.18  proceeding is separate and distinct from the above mailing of 
 12.19  intent to claim parental rights with entry of appearance form; 
 12.20  in the paternity action, I must state that I am, in fact, the 
 12.21  father of said child for one or more of the reasons stated in 
 12.22  Minnesota Statutes, section 257.55, subdivision 1, and that I 
 12.23  intend to retain my legal rights with respect to said child, and 
 12.24  request to be notified of any further proceedings with respect 
 12.25  to custody or adoption of the child. 
 12.26     (6) I hereby enter my appearance in the above entitled 
 12.27  cause. 
 12.28                               OATH
 12.29     I have been duly sworn and I say under oath that I have 
 12.30  read and understand this intent to claim parental rights with 
 12.31  entry of appearance form.  The facts that it contains are true 
 12.32  and correct to the best of my knowledge, and I understand that 
 12.33  by signing this document I admit my paternity.  I have signed 
 12.34  this document as my free and voluntary act. 
 12.35                                     ...........
 12.36                                     (Signature)
 13.1   Dated this .......... day of .........., ..... 
 13.2   Signed and Sworn Before Me This ....... day of .........., ..... 
 13.3                                      ...........
 13.4                                      (notary public)"
 13.5      (c) The denial of paternity with entry of appearance and 
 13.6   consent to adoption form sent under subdivision 9 must be 
 13.7   substantially as follows: 
 13.8         "DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND
 13.9                        CONSENT TO ADOPTION
 13.10  I, .........., state as follows: 
 13.11     (1) That I am ..... years of age; and I reside at 
 13.12  .......... in the County of .........., State of ........... 
 13.13     (2) That I have been advised that .......... is the mother 
 13.14  of a .......... male/female child named .......... born or 
 13.15  expected to be born on or about .......... and that I have 
 13.16  registered with the fathers' adoption registry stating that I am 
 13.17  the father of this child. 
 13.18     (3) I now deny that I am the father of this child.  My 
 13.19  denial at this time will not subject me to any criminal 
 13.20  liability. 
 13.21     (4) I further understand that the mother of this child 
 13.22  wishes to consent to the adoption of the child.  I hereby 
 13.23  consent to the adoption of this child, and waive any rights, 
 13.24  remedies, and defenses that I may have now or in the future.  
 13.25  This consent is being given in order to facilitate the adoption 
 13.26  of the child and so that the court may terminate what rights I 
 13.27  may have to the child.  This consent is not in any manner an 
 13.28  admission of paternity. 
 13.29     (5) I hereby enter my appearance in the above entitled 
 13.30  cause and waive service of summons and other pleading. 
 13.31                               OATH
 13.32     I have been duly sworn and I say under oath that I have 
 13.33  read and understood this denial of paternity with entry of 
 13.34  appearance and consent to adoption.  The facts it contains are 
 13.35  true and correct to the best of my knowledge, and I understand 
 13.36  that by signing this document I have not admitted paternity.  I 
 14.1   have signed this document as my free and voluntary act in order 
 14.2   to facilitate the adoption of the child. 
 14.3                                      ...........
 14.4                                      (Signature)
 14.5   Dated this .......... day of .........., ..... 
 14.6   Signed and Sworn Before Me This ....... day of .........., ..... 
 14.7                                      ...........
 14.8                                      (notary public)"
 14.9      [The names of adoptive parents must not be included in the 
 14.10  notice.] 
 14.11     Subd. 12.  [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof 
 14.12  of indigency, a father who has registered with the fathers' 
 14.13  adoption registry, has received a fathers' adoption registry 
 14.14  notice, and has timely filed an intent to claim paternal rights 
 14.15  with entry of appearance form with the court administrator, must 
 14.16  have counsel appointed at public expense. 
 14.17     Subd. 13.  [APPLICABILITY OF INDIAN CHILD WELFARE ACT.] In 
 14.18  an action involving an American Indian child, sections 257.35 to 
 14.19  257.3579, and the Indian child welfare act, United States Code, 
 14.20  title 25, sections 1901 to 1923, control to the extent that the 
 14.21  provisions of this section are inconsistent with those laws.  
 14.22  Nothing in this section defeats the right of an Indian father 
 14.23  who has acknowledged or established his paternity pursuant to 
 14.24  tribal law or custom to commence a paternity proceeding, except 
 14.25  that no father may file a paternity proceeding after the entry 
 14.26  of a final decree of adoption. 
 14.27     Subd. 14.  [FEES FOR FATHERS' ADOPTION REGISTRY.] The 
 14.28  district court administrator in every judicial district shall, 
 14.29  in addition to any other filing fees, assess a $75 adoption 
 14.30  filing fee surcharge on each adoption petition filed in the 
 14.31  district court for the purpose of implementing and maintaining 
 14.32  the fathers' adoption registry.  The court administrator shall 
 14.33  forward fees collected under this subdivision to the 
 14.34  commissioner of finance for deposit into the state government 
 14.35  special revenue fund to be appropriated to the commissioner of 
 14.36  health to administer the fathers' adoption registry established 
 15.1   under this section. 
 15.2      Sec. 8.  Minnesota Statutes 1996, section 260.221, 
 15.3   subdivision 1, is amended to read: 
 15.4      Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 15.5   court may upon petition, terminate all rights of a parent to a 
 15.6   child in the following cases: 
 15.7      (a) with the written consent of a parent who for good cause 
 15.8   desires to terminate parental rights; or 
 15.9      (b) if it finds that one or more of the following 
 15.10  conditions exist: 
 15.11     (1) That the parent has abandoned the child.; or 
 15.12     Abandonment is presumed when: 
 15.13     (i) the parent has had no contact with the child on a 
 15.14  regular basis and no demonstrated, consistent interest in the 
 15.15  child's well-being for six months; and 
 15.16     (ii) the social service agency has made reasonable efforts 
 15.17  to facilitate contact, unless the parent establishes that an 
 15.18  extreme financial or physical hardship or treatment for mental 
 15.19  disability or chemical dependency or other good cause prevented 
 15.20  the parent from making contact with the child.  This presumption 
 15.21  does not apply to children whose custody has been determined 
 15.22  under chapter 257 or 518.  The court is not prohibited from 
 15.23  finding abandonment in the absence of this presumption; or 
 15.24     (2) That the parent has substantially, continuously, or 
 15.25  repeatedly refused or neglected to comply with the duties 
 15.26  imposed upon that parent by the parent and child relationship, 
 15.27  including but not limited to providing the child with necessary 
 15.28  food, clothing, shelter, education, and other care and control 
 15.29  necessary for the child's physical, mental, or emotional health 
 15.30  and development, if the parent is physically and financially 
 15.31  able, and reasonable efforts by the social service agency have 
 15.32  failed to correct the conditions that formed the basis of the 
 15.33  petition; or 
 15.34     (3) That a parent has been ordered to contribute to the 
 15.35  support of the child or financially aid in the child's birth and 
 15.36  has continuously failed to do so without good cause.  This 
 16.1   clause shall not be construed to state a grounds for termination 
 16.2   of parental rights of a noncustodial parent if that parent has 
 16.3   not been ordered to or cannot financially contribute to the 
 16.4   support of the child or aid in the child's birth; or 
 16.5      (4) That a parent is palpably unfit to be a party to the 
 16.6   parent and child relationship because of a consistent pattern of 
 16.7   specific conduct before the child or of specific conditions 
 16.8   directly relating to the parent and child relationship either of 
 16.9   which are determined by the court to be of a duration or nature 
 16.10  that renders the parent unable, for the reasonably foreseeable 
 16.11  future, to care appropriately for the ongoing physical, mental, 
 16.12  or emotional needs of the child.  It is presumed that a parent 
 16.13  is palpably unfit to be a party to the parent and child 
 16.14  relationship upon a showing that: 
 16.15     (i) the child was adjudicated in need of protection or 
 16.16  services due to circumstances described in section 260.015, 
 16.17  subdivision 2a, clause (1), (2), (3), (5), or (8); and 
 16.18     (ii) within the three-year period immediately prior to that 
 16.19  adjudication, the parent's parental rights to one or more other 
 16.20  children were involuntarily terminated under clause (1), (2), 
 16.21  (4), or (7), or under clause (5) if the child was initially 
 16.22  determined to be in need of protection or services due to 
 16.23  circumstances described in section 260.015, subdivision 2a, 
 16.24  clause (1), (2), (3), (5), or (8); or 
 16.25     (5) That following upon a determination of neglect or 
 16.26  dependency, or of a child's need for protection or services, 
 16.27  reasonable efforts, under the direction of the court, have 
 16.28  failed to correct the conditions leading to the determination.  
 16.29  It is presumed that reasonable efforts under this clause have 
 16.30  failed upon a showing that: 
 16.31     (i) a child has resided out of the parental home under 
 16.32  court order for more than one year following an adjudication of 
 16.33  dependency, neglect, need for protection or services under 
 16.34  section 260.015, subdivision 2a, clause (1), (2), (3), (6), (8), 
 16.35  or (9), or neglected and in foster care, and an order for 
 16.36  disposition under section 260.191, including adoption of the 
 17.1   case plan required by section 257.071; 
 17.2      (ii) conditions leading to the determination will not be 
 17.3   corrected within the reasonably foreseeable future.  It is 
 17.4   presumed that conditions leading to a child's out-of-home 
 17.5   placement will not be corrected in the reasonably foreseeable 
 17.6   future upon a showing that the parent or parents have not 
 17.7   substantially complied with the court's orders and a reasonable 
 17.8   case plan, and the conditions which led to the out-of-home 
 17.9   placement have not been corrected; and 
 17.10     (iii) reasonable efforts have been made by the social 
 17.11  service agency to rehabilitate the parent and reunite the family.
 17.12     This clause does not prohibit the termination of parental 
 17.13  rights prior to one year after a child has been placed out of 
 17.14  the home.  
 17.15     It is also presumed that reasonable efforts have failed 
 17.16  under this clause upon a showing that: 
 17.17     (i) the parent has been diagnosed as chemically dependent 
 17.18  by a professional certified to make the diagnosis; 
 17.19     (ii) the parent has been required by a case plan to 
 17.20  participate in a chemical dependency treatment program; 
 17.21     (iii) the treatment programs offered to the parent were 
 17.22  culturally, linguistically, and clinically appropriate; 
 17.23     (iv) the parent has either failed two or more times to 
 17.24  successfully complete a treatment program or has refused at two 
 17.25  or more separate meetings with a caseworker to participate in a 
 17.26  treatment program; and 
 17.27     (v) the parent continues to abuse chemicals.  
 17.28  Provided, that this presumption applies only to parents required 
 17.29  by a case plan to participate in a chemical dependency treatment 
 17.30  program on or after July 1, 1990; or 
 17.31     (6) That a child has experienced egregious harm in the 
 17.32  parent's care which is of a nature, duration, or chronicity that 
 17.33  indicates a lack of regard for the child's well-being, such that 
 17.34  a reasonable person would believe it contrary to the best 
 17.35  interest of the child or of any child to be in the parent's 
 17.36  care; or 
 18.1      (7) That in the case of a child born to a mother who was 
 18.2   not married to the child's father when the child was conceived 
 18.3   nor when the child was born the person is not entitled to notice 
 18.4   of an adoption hearing under section 259.49 and either the 
 18.5   person has not filed a notice of intent to retain parental 
 18.6   rights under section 259.51 or that the notice has been 
 18.7   successfully challenged registered with the fathers' adoption 
 18.8   registry under section 259.52; or 
 18.9      (8) That the child is neglected and in foster care. 
 18.10  In an action involving an American Indian child, sections 257.35 
 18.11  to 257.3579 and the Indian Child Welfare Act, United States 
 18.12  Code, title 25, sections 1901 to 1923, control to the extent 
 18.13  that the provisions of this section are inconsistent with those 
 18.14  laws. 
 18.15     Sec. 9.  Minnesota Statutes 1996, section 260.221, is 
 18.16  amended by adding a subdivision to read: 
 18.17     Subd. 1a.  [EVIDENCE OF ABANDONMENT.] For purposes of 
 18.18  subdivision 1, clause (1): 
 18.19     (a) Abandonment is presumed when: 
 18.20     (1) the parent has had no contact with the child on a 
 18.21  regular basis and not demonstrated consistent interest in the 
 18.22  child's well-being for six months; and 
 18.23     (2) the social service agency has made reasonable efforts 
 18.24  to facilitate contact, unless the parent establishes that an 
 18.25  extreme financial or physical hardship or treatment for mental 
 18.26  disability or chemical dependency or other good cause prevented 
 18.27  the parent from making contact with the child.  This presumption 
 18.28  does not apply to children whose custody has been determined 
 18.29  under chapter 257 or 518.  The court is not prohibited from 
 18.30  finding abandonment in the absence of this presumption. 
 18.31     (b) The following are prima facie evidence of abandonment 
 18.32  where adoption proceedings are pending and there has been a 
 18.33  showing that the person was not entitled to notice of an 
 18.34  adoption proceeding under section 259.49: 
 18.35     (1) failure to register with the fathers' adoption registry 
 18.36  under section 259.52; or 
 19.1      (2) if the father registered with the fathers' adoption 
 19.2   registry under section 259.52: 
 19.3      (i) filing a denial of paternity within 30 days of receipt 
 19.4   of notice under section 259.52, subdivision 8; 
 19.5      (ii) failing to timely file an intent to claim parental 
 19.6   rights with entry of appearance form within 30 days of receipt 
 19.7   of notice under section 259.52, subdivision 10; or 
 19.8      (iii) timely filing an intent to claim parental rights with 
 19.9   entry of appearance form within 30 days of receipt of notice 
 19.10  under section 259.52, subdivision 10, but failing to initiate a 
 19.11  paternity action within 30 days of receiving the fathers' 
 19.12  adoption registry notice where there has been no showing of good 
 19.13  cause for the delay. 
 19.14     Sec. 10.  Minnesota Statutes 1996, section 357.021, 
 19.15  subdivision 2, is amended to read: 
 19.16     Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
 19.17  collected by the court administrator shall be as follows: 
 19.18     (1) In every civil action or proceeding in said court, 
 19.19  including any case arising under the tax laws of the state that 
 19.20  could be transferred or appealed to the tax court, the 
 19.21  plaintiff, petitioner, or other moving party shall pay, when the 
 19.22  first paper is filed for that party in said action, a fee of 
 19.23  $122. 
 19.24     The defendant or other adverse or intervening party, or any 
 19.25  one or more of several defendants or other adverse or 
 19.26  intervening parties appearing separately from the others, shall 
 19.27  pay, when the first paper is filed for that party in said 
 19.28  action, a fee of $122. 
 19.29     The party requesting a trial by jury shall pay $75. 
 19.30     The fees above stated shall be the full trial fee 
 19.31  chargeable to said parties irrespective of whether trial be to 
 19.32  the court alone, to the court and jury, or disposed of without 
 19.33  trial, and shall include the entry of judgment in the action, 
 19.34  but does not include copies or certified copies of any papers so 
 19.35  filed or proceedings under chapter 103E, except the provisions 
 19.36  therein as to appeals. 
 20.1      (2) Certified copy of any instrument from a civil or 
 20.2   criminal proceeding, $10, and $5 for an uncertified copy. 
 20.3      (3) Issuing a subpoena, $3 for each name. 
 20.4      (4) Issuing an execution and filing the return thereof; 
 20.5   issuing a writ of attachment, injunction, habeas corpus, 
 20.6   mandamus, quo warranto, certiorari, or other writs not 
 20.7   specifically mentioned, $10. 
 20.8      (5) Issuing a transcript of judgment, or for filing and 
 20.9   docketing a transcript of judgment from another court, $7.50. 
 20.10     (6) Filing and entering a satisfaction of judgment, partial 
 20.11  satisfaction, or assignment of judgment, $5. 
 20.12     (7) Certificate as to existence or nonexistence of 
 20.13  judgments docketed, $5 for each name certified to. 
 20.14     (8) Filing and indexing trade name; or recording basic 
 20.15  science certificate; or recording certificate of physicians, 
 20.16  osteopaths, chiropractors, veterinarians, or optometrists, $5. 
 20.17     (9) For the filing of each partial, final, or annual 
 20.18  account in all trusteeships, $10. 
 20.19     (10) For the deposit of a will, $5. 
 20.20     (11) For recording notary commission, $25, of which, 
 20.21  notwithstanding subdivision 1a, paragraph (b), $20 must be 
 20.22  forwarded to the state treasurer to be deposited in the state 
 20.23  treasury and credited to the general fund. 
 20.24     (12) When a defendant pleads guilty to or is sentenced for 
 20.25  a petty misdemeanor other than a parking violation, the 
 20.26  defendant shall pay a fee of $11. 
 20.27     (13) Filing a motion or response to a motion for 
 20.28  modification of child support, a fee fixed by rule or order of 
 20.29  the supreme court.  
 20.30     (14) All other services required by law for which no fee is 
 20.31  provided, such fee as compares favorably with those herein 
 20.32  provided, or such as may be fixed by rule or order of the court. 
 20.33     (15) In addition to any other filing fees under this 
 20.34  chapter, a surcharge in the amount of $75 must be assessed in 
 20.35  accordance with section 259.52, subdivision 14, for each 
 20.36  adoption petition filed in district court to implement and fund 
 21.1   the fathers' adoption registry under section 259.52. 
 21.2      The fees in clauses (3) and (4) need not be paid by a 
 21.3   public authority or the party the public authority represents. 
 21.4      Sec. 11.  [APPROPRIATION.] 
 21.5      From the state government special revenue fund, $123,000 is 
 21.6   appropriated to the commissioner of health for fiscal year 1998 
 21.7   and $163,000 for fiscal year 1999 for purposes of the fathers' 
 21.8   adoption registry under section 7. 
 21.9      Sec. 12.  [REPEALER.] 
 21.10     Minnesota Statutes 1996, section 259.51, is repealed. 
 21.11     Sec. 13.  [EFFECTIVE DATES; APPLICATION.] 
 21.12     Sections 7, subdivision 14, 10, and 11 are effective July 
 21.13  1, 1997.  Sections 1 to 6, 7, subdivisions 1 to 13, 8, 9, and 12 
 21.14  are effective for births occurring on or after January 1, 1998.