SF 2298

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/25/2021 04:28pm

A bill for an act
relating to adoption; specifying adoption rights and required processes for
prospective parents with deafness, blindness, or physical disability; amending
Minnesota Statutes 2020, sections 259.57, by adding a subdivision; 260C.633.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2020, section 259.57, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Denial of petition; prospective parent with deafness, blindness, or physical
disability. new text end

new text begin (a) A court or agency shall not deny a petitioner the ability to proceed with an
adoption solely due to the petitioner's deafness, blindness, or physical disability. A person
raising deafness, blindness, or physical disability as a basis for denying an adoption has the
burden to prove by clear and convincing evidence that specific behaviors of the parent will
endanger the health or safety of the child. If the person meets the burden, the blind, deaf,
or physically disabled prospective parent shall have the opportunity to demonstrate how
implementing supportive services can alleviate concerns. The court may require the agency
to provide the opportunity to use supportive parenting services to the prospective parent.
Within a reasonable period of time, the prospective parent has the right to a court hearing
to review the need for continuing services.
new text end

new text begin (b) If a court denies or limits a blind, deaf, or physically disabled prospective parent's
right to adopt a child, the court shall make specific written findings stating the basis for
such a determination and why providing supportive parenting services is not a reasonable
accommodation that could prevent the denial or limitation.
new text end

new text begin (c) For purposes of this section:
new text end

new text begin (1) "blindness" means a central visual acuity of 20 out of 200 or less in the better eye
with the use of a correcting lens, or an eye that has a limitation in the field of vision so that
the widest diameter of the visual field subtends to an angle no greater than 20 degrees, or
when the individual has a degenerative condition that is reasonably expected to result in
either of these conditions;
new text end

new text begin (2) "deafness" means a hearing loss of such severity that the individual must depend
primarily on visual communication such as American Sign Language or other signed
language, visual and manual means of communication such as signing systems in English
or cued speech, writing, speech reading, and gestures; and
new text end

new text begin (3) "supportive parenting services" means services that may assist a deaf, blind, or
physically disabled parent in effectively using alternative techniques to parent a child as
successfully as a parent who is not deaf, blind, or disabled, such as audio or visual aids,
training, or assistance from an individual or technology.
new text end

Sec. 2.

Minnesota Statutes 2020, section 260C.633, is amended to read:

260C.633 ADOPTION DENIED.

(a) If the court is not satisfied that the proposed adoption is in the best interests of the
child to be adopted, the court shall deny the petition and order the responsible social services
agency to take appropriate action for the protection and safety of the child. If venue has
been transferred under section 260C.621, subdivision 2, the court denying the petition shall
notify the court originally conducting the guardianship reviews under section 260C.607.

(b) The court responsible for conducting reviews under section 260C.607 shall set a
hearing within 30 days of receiving notice of denial of the petition.

(c) Any appeal of the denial of an adoption petition under this section shall be made
according to the requirements of the Minnesota Rules of Adoption Procedure.

new text begin (d) The court shall not deny a petition for adoption solely due to the petitioner's deafness,
blindness, or physical disability. A person raising deafness, blindness, or physical disability
as a basis for denying an adoption has the burden to prove by clear and convincing evidence
that specific behaviors of the prospective parent will endanger the health or safety of the
child. If the person meets the burden, the blind, deaf, or physically disabled prospective
parent shall have the opportunity to demonstrate how implementing supportive parenting
services can alleviate concerns. The court may require the responsible social services agency
to provide the opportunity to use supportive parenting services to the prospective parent.
Within a reasonable period of time, the prospective parent has the right to a court hearing
to review the need for continuing services. If the court denies or limits a blind, deaf, or
physically disabled prospective parent's petition for adoption, the court shall make specific
written findings stating the basis for such a determination and why providing supportive
parenting services is not a reasonable accommodation that could prevent the denial or
limitation. For purposes of this section, blindness, deafness, and supportive parenting services
have the meanings given in section 259.57, subdivision 1a.
new text end