SF 2174

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to family law; providing for custody of 
  1.3             children by de facto custodians and third parties; 
  1.4             amending Minnesota Statutes 2000, section 260C.201, 
  1.5             subdivision 11; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 518; proposing coding for 
  1.7             new law as Minnesota Statutes, chapter 257C; repealing 
  1.8             Minnesota Statutes 2000, section 518.158. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [257C.01] [DEFINITIONS.] 
  1.11     Subdivision 1.  [SCOPE.] The definitions in this section 
  1.12  apply to this chapter. 
  1.13     Subd. 2.  [CUSTODY TERMS.] (a) "Custodian" means the person 
  1.14  who has physical custody of a child at any particular time. 
  1.15     (b) "Custody determination" means a court decision and 
  1.16  court orders and instructions providing for the custody of a 
  1.17  child, including parenting time, but does not include a decision 
  1.18  relating to child support or any other monetary obligation of 
  1.19  any person. 
  1.20     (c) "Custody proceeding" includes proceedings in which a 
  1.21  custody determination is one of several issues, such as an 
  1.22  action for dissolution, divorce, or separation, and proceedings 
  1.23  involving children who are in need of protection or services, 
  1.24  domestic abuse, paternity, guardianship, and de facto or 
  1.25  third-party custody proceedings under this chapter. 
  1.26     (d) "Joint legal custody" means that more than one person, 
  1.27  including parents and de facto and third-party custodians, have 
  2.1   equal rights and responsibilities and the right to participate 
  2.2   in major decisions determining the child's upbringing, including 
  2.3   education, health care, and religious training. 
  2.4      (e) "Joint physical custody" means that the routine daily 
  2.5   care and control and the residence of the child is structured 
  2.6   between the parties. 
  2.7      (f) "Legal custody" means the right to determine the 
  2.8   child's upbringing, including education, health care, and 
  2.9   religious training. 
  2.10     (g) "Parenting time" means the time a parent spends with a 
  2.11  child regardless of the custodial designation regarding the 
  2.12  child under section 518.005, subdivision 5. 
  2.13     (h) "Physical custody and residence" means the routine 
  2.14  daily care and control and the residence of the child. 
  2.15     Subd. 3.  [DE FACTO CUSTODIAN.] (a) "De facto custodian" 
  2.16  means a person who is not a foster parent or stepparent and who 
  2.17  has been shown by clear and convincing evidence to have been the 
  2.18  primary caretaker for a child who has, within the 24 months 
  2.19  immediately preceding the filing of the petition, resided with 
  2.20  the person without a parent present and without a parent's 
  2.21  demonstrated consistent participation for a period of: 
  2.22     (1) six months or more if the child is under three years of 
  2.23  age; or 
  2.24     (2) one year or more if the child is three years of age or 
  2.25  older. 
  2.26     (b) "De facto custodian" does not include a person who has 
  2.27  a child placed in the person's care through a custody consent 
  2.28  decree under section 257.0215. 
  2.29     (c) For purposes of the definition in this subdivision, any 
  2.30  period of time after a legal proceeding has been commenced and 
  2.31  filed must not be included in determining whether the child has 
  2.32  resided with the person for the required minimum period. 
  2.33     (d) For purposes of the definition in this subdivision, 
  2.34  "lack of demonstrated consistent participation" by a parent 
  2.35  means refusal or neglect to comply with the duties imposed upon 
  2.36  the parent by the parent-child relationship, including, but not 
  3.1   limited to, providing the child necessary food, clothing, 
  3.2   shelter, health care, education, creating a nurturing and 
  3.3   consistent relationship, and other care and control necessary 
  3.4   for the child's physical, mental, or emotional health and 
  3.5   development.  The following factors must be considered by the 
  3.6   court in determining a parent's lack of participation: 
  3.7      (1) the intent of the parent or parents in placing the 
  3.8   child with the de facto custodian; 
  3.9      (2) the amount of involvement the parent had with the child 
  3.10  during the parent's absence; 
  3.11     (3) the facts and circumstances of the parent's absence; 
  3.12     (4) the parent's refusal to comply with conditions for 
  3.13  retaining custody set forth in previous court orders; 
  3.14     (5) whether the parent now seeking custody was previously 
  3.15  prevented from doing so as a result of domestic violence; and 
  3.16     (6) whether a sibling of the child is already in the 
  3.17  petitioner's care. 
  3.18     (e) A standby custody designation under chapter 257B is not 
  3.19  a designation of de facto custody unless that intent is 
  3.20  indicated within the standby custody designation. 
  3.21     (f) A person who has a child placed in the person's care 
  3.22  for the purposes of adoption under chapter 259 must not be 
  3.23  considered de facto custodian in the event the adoption is not 
  3.24  ordered by the court. 
  3.25     Subd. 4.  [INTERESTED THIRD PARTY.] (a) "Interested third 
  3.26  party" means a person who is not a de facto custodian but who 
  3.27  can prove that it is in the best interests of the child to be in 
  3.28  that person's custody and that: 
  3.29     (1) the parent has abandoned, neglected, or otherwise 
  3.30  exhibited disregard for the child's well-being such that the 
  3.31  child will be harmed by living with the parent; 
  3.32     (2) placement of the child with that person takes priority 
  3.33  over preserving the day-to-day parent-child relationship because 
  3.34  of the presence of physical or emotional danger to the child, or 
  3.35  both; or 
  3.36     (3) other extraordinary circumstances exist such that it is 
  4.1   in the best interests of the child to be in the custody of that 
  4.2   person. 
  4.3      (b) The following factors must be considered by the court 
  4.4   in determining an interested third party's petition: 
  4.5      (1) the amount of involvement the interested third party 
  4.6   had with the child during the parent's absence or during the 
  4.7   child's lifetime; 
  4.8      (2) the amount of involvement the parent had with the child 
  4.9   during the parent's absence; 
  4.10     (3) the presence or involvement of other interested third 
  4.11  parties; 
  4.12     (4) the facts and circumstances of the parent's absence; 
  4.13     (5) the parent's refusal to comply with conditions for 
  4.14  retaining custody set forth in previous court orders; 
  4.15     (6)  whether the parent now seeking custody was previously 
  4.16  prevented from doing so as a result of domestic violence; 
  4.17     (7) whether a sibling of the child is already in the care 
  4.18  of the interested third party; and 
  4.19     (8) the parent demonstrated in a standby custody 
  4.20  designation under chapter 257B. 
  4.21     For purposes of filing an order with the family court, 
  4.22  "interested third party" includes a relative or third party if 
  4.23  the juvenile court has determined under section 260C.201, 
  4.24  subdivision 11, paragraph (e), clause (1), that it is in the 
  4.25  best interests of the child to be placed with that relative or 
  4.26  third party. 
  4.27     Sec. 2.  [257C.02] [APPLICATION OF OTHER LAW; 
  4.28  CONSTRUCTION.] 
  4.29     (a) Chapters 257 and 518 and section 525.551 apply to 
  4.30  third-party and de facto custodians unless otherwise specified 
  4.31  in this chapter. 
  4.32     (b) Nothing in this chapter may be construed to relieve any 
  4.33  parent of a duty to support the parent's children.  A 
  4.34  preexisting child support order is not suspended or terminated 
  4.35  when a third party takes custody of a child unless otherwise 
  4.36  provided by court order.  A de facto or third-party custodian 
  5.1   has a cause of action against an absent parent under section 
  5.2   256.87, subdivision 5. 
  5.3      Sec. 3.  [257C.03] [PROCEDURE.] 
  5.4      Subdivision 1.  [COMMENCEMENT OF PROCEEDINGS.] In a court 
  5.5   of this state with jurisdiction to decide child custody matters, 
  5.6   a de facto or third-party child custody proceeding is commenced: 
  5.7      (1) by a person other than a parent by filing a petition or 
  5.8   motion seeking custody in the county where the child is 
  5.9   permanently a resident or where the child is found or where an 
  5.10  earlier order for custody of the child has been entered; and 
  5.11     (2) where the court has jurisdiction over the matter under 
  5.12  chapter 518D. 
  5.13  Parties wishing to intervene in existing custody proceedings 
  5.14  under chapter 518 may file a petition or motion as specified in 
  5.15  this chapter pursuant to section 518.156. 
  5.16     Subd. 2.  [WRITTEN NOTICE.] (a) Notice of a hearing on a 
  5.17  petition to establish de facto or third-party custody of a child 
  5.18  must be given to: 
  5.19     (1) the parent of the child, if: 
  5.20     (i) the person's name appears on the child's birth 
  5.21  certificate as a parent; 
  5.22     (ii) the person has substantially supported the child; 
  5.23     (iii) the person either was married to the person 
  5.24  designated on the birth certificate as the natural mother within 
  5.25  the 352 days before the child's birth or married that person 
  5.26  within the ten days after the child's birth; 
  5.27     (iv) the person is openly living with the child or the 
  5.28  person designated on the birth certificate as the natural mother 
  5.29  of the child, or both; 
  5.30     (v) the person has been adjudicated the child's parent; 
  5.31     (vi) the person has filed a paternity action within 30 days 
  5.32  after the child's birth and the action is still pending; or 
  5.33     (vii) the person and the mother of the child signed a 
  5.34  declaration of parentage under section 257.34 before August 1, 
  5.35  1995, which has not been revoked, or a recognition of parentage 
  5.36  under section 257.75 which has not been revoked or vacated; 
  6.1      (2) the guardian, if any, of the child; and 
  6.2      (3) the child's tribe pursuant to section 260.761, 
  6.3   subdivision 3, if the child is an Indian child. 
  6.4      (b) Notice under this section need not be given to a person 
  6.5   listed in this subdivision whose parental rights have been 
  6.6   terminated.  
  6.7      Subd. 3.  [HEARING.] The court shall grant a hearing for 
  6.8   custody on a petition or motion filed under this section if the 
  6.9   court finds: 
  6.10     (1) that the petitioner is a de facto custodian; or 
  6.11     (2) that the petition or motion sets forth facts which, if 
  6.12  true, would establish that it is in the best interests of the 
  6.13  child to be in the custody of the petitioner. 
  6.14     Subd. 4.  [APPROVAL WITHOUT HEARING.] Approval of an order 
  6.15  under this section without a hearing is permitted if both 
  6.16  parents consent by stipulation or agreement that it is in the 
  6.17  best interests of the child to be in the custody of the de facto 
  6.18  custodian or interested third party. 
  6.19     Subd. 5.  [EMERGENCY OR TEMPORARY HEARINGS.] (a) The court 
  6.20  must be guided by the factors set forth in sections 518.131, 
  6.21  concerning temporary orders and restraining orders; 518.551, 
  6.22  concerning child support; 518.17 to 518.175, concerning custody 
  6.23  and parenting time; and 518.14, concerning costs and attorney 
  6.24  fees, in making temporary orders and restraining orders. 
  6.25     (b) The court may grant ex parte relief only if requested 
  6.26  by a motion with a properly executed supporting affidavit.  The 
  6.27  affidavit must outline specific supporting facts as to why the 
  6.28  case needs to be expedited. 
  6.29     (c) The court shall grant ex parte or temporary relief if 
  6.30  the petitioner and situation fit the factors outlined for de 
  6.31  facto custodian under section 257C.01, subdivisions 2 and 3. 
  6.32     (d) The court may conclude that it is in the best interests 
  6.33  of the child to grant ex parte or temporary relief if the child 
  6.34  has been living with the petitioner for an amount of time 
  6.35  sufficient to establish a permanent and stable home. 
  6.36     (e) If a concurrent permanency plan has been established 
  7.1   under section 260C.213, the court may consider the parents' 
  7.2   cooperation with that plan in determining relief. 
  7.3      (f) If the court orders temporary custody under this 
  7.4   subdivision, the de facto custodian or interested third party 
  7.5   shall seek temporary or permanent custody of the child pursuant 
  7.6   to a petition under this chapter and the other standards of this 
  7.7   chapter apply. 
  7.8      Subd. 6.  [BURDEN OF PROOF.] (a) The de facto custodian 
  7.9   must prove by a preponderance of the evidence that it is in the 
  7.10  best interests of the child to live with the de facto custodian. 
  7.11     (b) In all other cases, a petitioner who is an interested 
  7.12  third party must prove by a preponderance of the evidence that 
  7.13  the respondent has abandoned, neglected, or otherwise exhibited 
  7.14  disregard for the child's well-being to the extent that the 
  7.15  child will be harmed by living with the parent, or that the 
  7.16  placement of the child with the interested third party takes 
  7.17  priority over preserving the day-to-day parent-child 
  7.18  relationship because of the presence of physical or emotional 
  7.19  danger to the child, or both, or that other extraordinary 
  7.20  circumstances exist so that it is in the best interests of the 
  7.21  child to be in the custody of the petitioner. 
  7.22     (c) In determining the best interests of the child, the 
  7.23  court shall apply the standards in section 257C.04. 
  7.24     Subd. 7.  [REQUISITES OF PETITION OR MOTION.] A petition 
  7.25  for custody filed under this section must state and allege: 
  7.26     (1) the name and address of the petitioner and any prior or 
  7.27  other name used by the petitioner; 
  7.28     (2) the name and, if known, the address and social security 
  7.29  number of the respondent mother and father or guardian and any 
  7.30  prior or other name used by the respondent and known to the 
  7.31  petitioner; 
  7.32     (3) the name and date of birth of each child for whom 
  7.33  custody is sought; 
  7.34     (4) the relationship of the petitioner to the children for 
  7.35  whom custody is sought; 
  7.36     (5) the petitioner or petitioners' basis for jurisdiction 
  8.1   under section 257C.01, subdivision 3 or 4; 
  8.2      (6) the current legal and physical custodial status of the 
  8.3   children for whom custody is sought and a list of all prior 
  8.4   orders of custody, if known to the petitioner; 
  8.5      (7) whether any party is a member of the armed services; 
  8.6      (8) the length of time the children have resided with the 
  8.7   petitioner and have resided in the state of Minnesota; 
  8.8      (9) whether a separate proceeding for dissolution, legal 
  8.9   separation, or custody is pending in a court in this state or 
  8.10  elsewhere; 
  8.11     (10) whether a permanent or temporary standby custody 
  8.12  designation has been executed or filed in a court in this state 
  8.13  or elsewhere; 
  8.14     (11) whether a permanent or temporary standby custody 
  8.15  designee differs in identity from the de facto custodian and 
  8.16  reasons why the proposed de facto custodian should have 
  8.17  custodial priority over a designated standby custodian; 
  8.18     (12) whether parenting time should be granted to the 
  8.19  respondents; 
  8.20     (13) any temporary or permanent child support, attorney 
  8.21  fees, costs, and disbursements; 
  8.22     (14) whether an order of protection under chapter 518B or a 
  8.23  similar law of another state that governs the parties or a party 
  8.24  and a minor child of the parties is in effect and, if so, the 
  8.25  district court or similar jurisdiction in which it was entered; 
  8.26  and 
  8.27     (15) that it is in the best interests of the children under 
  8.28  section 257C.04 that the petitioner have custody of the children.
  8.29     The petition must be verified by the petitioner or 
  8.30  petitioners and its allegations established by competent 
  8.31  evidence. 
  8.32     Sec. 4.  [257C.04] [BEST INTERESTS OF A CHILD.] 
  8.33     Subdivision 1.  [CUSTODY FACTORS.] (a) If two or more 
  8.34  parties seek custody of a child, the court shall consider and 
  8.35  evaluate all relevant factors in determining the best interests 
  8.36  of the child, including the following factors: 
  9.1      (1) the wishes of the child's parent or parents and any de 
  9.2   facto custodian, as to custody; 
  9.3      (2) the reasonable preference of the child, if the court 
  9.4   considers the child to be of sufficient age to express 
  9.5   preference; 
  9.6      (3) the identity of the child's primary caretaker; 
  9.7      (4) the intimacy of the relationship between each parent 
  9.8   and any de facto custodian and the child; 
  9.9      (5) the interaction and interrelationship of the child with 
  9.10  a parent or parents and any de facto custodian, siblings, and 
  9.11  any other person who may significantly affect the child's best 
  9.12  interests; 
  9.13     (6) the child's adjustment to home, school, and community; 
  9.14     (7) the length of time the child has lived in a stable, 
  9.15  satisfactory environment and the desirability of maintaining 
  9.16  continuity; 
  9.17     (8) the permanence, as a family unit, of the existing or 
  9.18  proposed custodial home; 
  9.19     (9) the mental and physical health of all individuals 
  9.20  involved; except that a disability, as defined in section 
  9.21  363.01, subdivision 13, of a proposed custodian or the child 
  9.22  must not be determinative of the custody of the child, unless 
  9.23  the proposed custodial arrangement is not in the best interests 
  9.24  of the child; 
  9.25     (10) the capacity and disposition of the parties to give 
  9.26  the child love, affection, and guidance, and to continue 
  9.27  educating and raising the child in the child's culture and 
  9.28  religion or creed, if any; 
  9.29     (11) the child's cultural background; and 
  9.30     (12) the effect on the child of the actions of an abuser, 
  9.31  if related to domestic abuse, as defined in section 518B.01, 
  9.32  subdivision 2, that has occurred between the parents or between 
  9.33  a parent and another party.  
  9.34     (b) The court may not use one factor to the exclusion of 
  9.35  all others.  The court must make detailed findings on each of 
  9.36  the factors and explain how the factors led to its conclusions 
 10.1   and to the determination of the best interests of the child. 
 10.2      (c) The court must not give preference to a party over the 
 10.3   de facto custodian solely because the party is a parent of the 
 10.4   child. 
 10.5      (d) The fact that the parents of the child are not or were 
 10.6   never married to each other must not be determinative of the 
 10.7   custody of the child. 
 10.8      (e) The court shall consider evidence of a violation of 
 10.9   section 609.507 in determining the best interests of the child. 
 10.10     (f) The court shall not consider conduct of a proposed 
 10.11  custodian that does not affect the custodian's relationship to 
 10.12  the child. 
 10.13     (g) Section 518.619 applies to actions under this section. 
 10.14     Subd. 2.  [FACTORS WHEN JOINT CUSTODY IS SOUGHT.] In 
 10.15  addition to the factors listed in subdivision 1, if either joint 
 10.16  legal or joint physical custody is contemplated or sought, the 
 10.17  court shall consider the following relevant factors: 
 10.18     (1) the ability of the parties to cooperate in the rearing 
 10.19  of the child; 
 10.20     (2) methods for resolving disputes regarding any major 
 10.21  decision concerning the life of the child and the parties' 
 10.22  willingness to use those methods; 
 10.23     (3) whether it would be detrimental to the child if one 
 10.24  party were to have sole authority over the child's upbringing; 
 10.25  and 
 10.26     (4) whether domestic abuse, as defined in section 518B.01, 
 10.27  subdivision 2, has occurred between the parties. 
 10.28     If the court awards joint legal or physical custody over 
 10.29  the objection of a party, the court shall make detailed findings 
 10.30  on each of the factors in this subdivision and explain how the 
 10.31  factors led to its determination that joint custody would be in 
 10.32  the best interests of the child. 
 10.33     Sec. 5.  [257C.05] [DE FACTO AND THIRD PARTY CUSTODY 
 10.34  ORDERS.] 
 10.35     Subdivision 1.  [CUSTODY ORDER.] In a child custody 
 10.36  proceeding, the court shall make any additional order it 
 11.1   considers just and proper concerning: 
 11.2      (1) the legal custody of the minor children of the parties, 
 11.3   whether sole or joint; 
 11.4      (2) their physical custody and residence; 
 11.5      (3) the quality and duration of parenting time and whether 
 11.6   it is supervised or unsupervised; 
 11.7      (4) their support; and 
 11.8      (5) other matters reasonably affecting the best interests 
 11.9   of the children. 
 11.10     In determining custody, the court shall consider the best 
 11.11  interests of each child and shall not prefer a parent over the 
 11.12  de facto custodian or third party custodian solely on the basis 
 11.13  of the gender of the parent, de facto custodian, or third party. 
 11.14     Subd. 2.  [ATTACHMENTS TO CUSTODY ORDER.] All de facto and 
 11.15  interested party custody orders must include Form 3:  Appendix A 
 11.16  under the Appendix of Forms in the Family Court Procedure in 
 11.17  General Rules of Practice. 
 11.18     Sec. 6.  [257C.06] [MODIFICATION.] 
 11.19     The procedures in section 518.18 for modification of a 
 11.20  custody order also govern modification of an order under this 
 11.21  chapter. 
 11.22     Sec. 7.  Minnesota Statutes 2000, section 260C.201, 
 11.23  subdivision 11, is amended to read: 
 11.24     Subd. 11.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
 11.25  PLACEMENT DETERMINATION.] (a) Except for cases where the child 
 11.26  is in placement due solely to the child's status as 
 11.27  developmentally delayed under United States Code, title 42, 
 11.28  section 6001(7), or emotionally handicapped under section 252.27 
 11.29  and where custody has not been transferred to the responsible 
 11.30  social services agency, the court shall conduct a hearing to 
 11.31  determine the permanent status of a child not later than 12 
 11.32  months after the child is placed out of the home of the parent, 
 11.33  except that if the child was under eight years of age at the 
 11.34  time the petition was filed, the hearing must be conducted no 
 11.35  later than six months after the child is placed out of the home 
 11.36  of the parent. 
 12.1      For purposes of this subdivision, the date of the child's 
 12.2   placement out of the home of the parent is the earlier of the 
 12.3   first court-ordered placement or 60 days after the date on which 
 12.4   the child has been voluntarily placed out of the home. 
 12.5      For purposes of this subdivision, 12 months is calculated 
 12.6   as follows: 
 12.7      (1) during the pendency of a petition alleging that a child 
 12.8   is in need of protection or services, all time periods when a 
 12.9   child is placed out of the home of the parent are cumulated; 
 12.10     (2) if a child has been placed out of the home of the 
 12.11  parent within the previous five years, the lengths of all prior 
 12.12  time periods when the child was placed out of the home within 
 12.13  the previous five years are cumulated.  If a child under this 
 12.14  clause has been out of the home for 12 months or more, the 
 12.15  court, if it is in the best interests of the child and for 
 12.16  compelling reasons, may extend the total time the child may 
 12.17  continue out of the home under the current petition up to an 
 12.18  additional six months before making a permanency determination.  
 12.19     (b) Unless the responsible social services agency 
 12.20  recommends return of the child to the custodial parent or 
 12.21  parents, not later than 30 days prior to this hearing, the 
 12.22  responsible social services agency shall file pleadings in 
 12.23  juvenile court to establish the basis for the juvenile court to 
 12.24  order permanent placement of the child according to paragraph 
 12.25  (d).  Notice of the hearing and copies of the pleadings must be 
 12.26  provided pursuant to section 260C.152.  If a termination of 
 12.27  parental rights petition is filed before the date required for 
 12.28  the permanency planning determination and there is a trial under 
 12.29  section 260C.163 scheduled on that petition within 90 days of 
 12.30  the filing of the petition, no hearing need be conducted under 
 12.31  this subdivision.  
 12.32     (c) At the conclusion of the hearing, the court shall order 
 12.33  the child returned home or order a permanent placement in the 
 12.34  child's best interests.  The "best interests of the child" means 
 12.35  all relevant factors to be considered and evaluated. 
 12.36     (d) At a hearing under this subdivision, if the child was 
 13.1   under eight years of age at the time the petition was filed 
 13.2   alleging the child in need of protection or services, the court 
 13.3   shall review the progress of the case and the case plan, 
 13.4   including the provision of services.  The court may order the 
 13.5   local social services agency to show cause why it should not 
 13.6   file a termination of parental rights petition.  Cause may 
 13.7   include, but is not limited to, the following conditions: 
 13.8      (1) the parents or guardians have maintained regular 
 13.9   contact with the child, the parents are complying with the 
 13.10  court-ordered case plan, and the child would benefit from 
 13.11  continuing this relationship; 
 13.12     (2) grounds for termination under section 260C.301 do not 
 13.13  exist; or 
 13.14     (3) the permanent plan for the child is transfer of 
 13.15  permanent legal and physical custody to a relative.  When the 
 13.16  permanent plan for the child is transfer of permanent legal and 
 13.17  physical custody to a relative, a petition supporting the plan 
 13.18  shall be filed in juvenile court within 30 days of the hearing 
 13.19  required under this subdivision and a hearing on the petition 
 13.20  held within 30 days of the filing of the pleadings. 
 13.21     (e) If the child is not returned to the home, the court 
 13.22  must order one of the following dispositions: 
 13.23     (1) permanent legal and physical custody to a relative in 
 13.24  the best interests of the child.  In transferring permanent 
 13.25  legal and physical custody to a relative, the juvenile court 
 13.26  shall follow the standards and procedures applicable under this 
 13.27  chapter, chapter 260, or chapter 518 257C.  An order 
 13.28  establishing permanent legal or physical custody under this 
 13.29  subdivision must be filed with the family court.  A transfer of 
 13.30  legal and physical custody includes responsibility for the 
 13.31  protection, education, care, and control of the child and 
 13.32  decision making on behalf of the child.  The social services 
 13.33  agency may petition on behalf of the proposed custodian; 
 13.34     (2) termination of parental rights; unless the social 
 13.35  services agency has already filed a petition for termination of 
 13.36  parental rights under section 260C.307, the court may order such 
 14.1   a petition filed and all the requirements of sections 260C.301 
 14.2   to 260C.328 remain applicable.  An adoption completed subsequent 
 14.3   to a determination under this subdivision may include an 
 14.4   agreement for communication or contact under section 259.58; or 
 14.5      (3) long-term foster care; transfer of legal custody and 
 14.6   adoption are preferred permanency options for a child who cannot 
 14.7   return home.  The court may order a child into long-term foster 
 14.8   care only if it finds that neither an award of legal and 
 14.9   physical custody to a relative, nor termination of parental 
 14.10  rights nor adoption is in the child's best interests.  Further, 
 14.11  the court may only order long-term foster care for the child 
 14.12  under this section if it finds the following: 
 14.13     (i) the child has reached age 12 and reasonable efforts by 
 14.14  the responsible social services agency have failed to locate an 
 14.15  adoptive family for the child; or 
 14.16     (ii) the child is a sibling of a child described in clause 
 14.17  (i) and the siblings have a significant positive relationship 
 14.18  and are ordered into the same long-term foster care home; or 
 14.19     (4) foster care for a specified period of time may be 
 14.20  ordered only if: 
 14.21     (i) the sole basis for an adjudication that the child is in 
 14.22  need of protection or services is the child's behavior; and 
 14.23     (ii) the court finds that foster care for a specified 
 14.24  period of time is in the best interests of the child. 
 14.25     (f) In ordering a permanent placement of a child, the court 
 14.26  must be governed by the best interests of the child, including a 
 14.27  review of the relationship between the child and relatives and 
 14.28  the child and other important persons with whom the child has 
 14.29  resided or had significant contact. 
 14.30     (g) Once a permanent placement determination has been made 
 14.31  and permanent placement has been established, further court 
 14.32  reviews and dispositional hearings are only necessary if the 
 14.33  placement is made under paragraph (e), clause (4), review is 
 14.34  otherwise required by federal law, an adoption has not yet been 
 14.35  finalized, or there is a disruption of the permanent or 
 14.36  long-term placement.  
 15.1      (h) An order under this subdivision must include the 
 15.2   following detailed findings: 
 15.3      (1) how the child's best interests are served by the order; 
 15.4      (2) the nature and extent of the responsible social service 
 15.5   agency's reasonable efforts, or, in the case of an Indian child, 
 15.6   active efforts to reunify the child with the parent or parents; 
 15.7      (3) the parent's or parents' efforts and ability to use 
 15.8   services to correct the conditions which led to the out-of-home 
 15.9   placement; and 
 15.10     (4) whether the conditions which led to the out-of-home 
 15.11  placement have been corrected so that the child can return home. 
 15.12     (i) An order for permanent legal and physical custody of a 
 15.13  child may be modified under sections 518.18 and 518.185.  The 
 15.14  social services agency is a party to the proceeding and must 
 15.15  receive notice.  An order for long-term foster care is 
 15.16  reviewable upon motion and a showing by the parent of a 
 15.17  substantial change in the parent's circumstances such that the 
 15.18  parent could provide appropriate care for the child and that 
 15.19  removal of the child from the child's permanent placement and 
 15.20  the return to the parent's care would be in the best interest of 
 15.21  the child. 
 15.22     (j) The court shall issue an order required under this 
 15.23  section within 15 days of the close of the proceedings.  The 
 15.24  court may extend issuing the order an additional 15 days when 
 15.25  necessary in the interests of justice and the best interests of 
 15.26  the child. 
 15.27     Sec. 8.  [518.1551] [DE FACTO CUSTODIAN.] 
 15.28     A person who has been designated a de facto custodian under 
 15.29  chapter 257C must be allowed to intervene in any custody 
 15.30  proceeding. 
 15.31     Sec. 9.  [REPEALER.] 
 15.32     Minnesota Statutes 2000, section 518.158, is repealed.