SF 342

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 04/25/2019 03:21pm

A bill for an act
relating to human services; permitting parent to petition for reestablishment of the
legal parent and child relationship; amending Minnesota Statutes 2018, section
260C.329, subdivisions 3, 7, 8, by adding subdivisions; repealing Minnesota
Statutes 2018, section 260C.329, subdivision 5.

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

Section 1.

Minnesota Statutes 2018, section 260C.329, subdivision 3, is amended to read:

Subd. 3.

Petition.

deleted text begin Only the county attorney deleted text end new text begin The county attorney or a parent whose
parental rights were terminated under a previous order of the court new text end may file a petition for
the reestablishment of the legal parent and child relationship. new text begin A parent filing a petition under
this section shall pay a filing fee in the amount required under section 357.021, subdivision
2, clause (1). The filing fee may be waived pursuant to chapter 563. new text end A petition for the
reestablishment of the legal parent and child relationship may be filed when:

(1) new text begin in cases where the county attorney is the petitioning party, new text end both the responsible social
services agency and the county attorney agree that reestablishment of the legal parent and
child relationship is in the child's best interests;

(2) the parent has corrected the conditions that led to an order terminating parental rights;

(3) the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child;

(4) the child has been in foster care for at least deleted text begin 36 deleted text end new text begin 48 new text end months after the court issued the
order terminating parental rights;

deleted text begin (5) the child is 15 years of age or older at the time the petition for reestablishment of
the legal parent and child relationship is filed;
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end the child has not been adopted; and

deleted text begin (7) deleted text end new text begin (6) new text end the child is not the subject of a written adoption placement agreement between
the responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2.

Sec. 2.

Minnesota Statutes 2018, section 260C.329, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Contents of parent's petition. new text end

new text begin (a) A parent's petition for reestablishment of
the legal parent and child relationship shall be signed under oath by the petitioner and shall
state the following:
new text end

new text begin (1) the petitioner's full name, date of birth, address, and all other legal names or aliases
by which the petitioner has been known at any time;
new text end

new text begin (2) the name and date of birth of each child for whom reunification is sought;
new text end

new text begin (3) the petitioner's relationship to each child for whom reunification is sought;
new text end

new text begin (4) why reunification is sought and why reunification is in the child's best interest;
new text end

new text begin (5) the details of the termination of parental rights for which reunification is sought,
including the date and jurisdiction of the order, and the court file number and date of any
prior order terminating parental rights;
new text end

new text begin (6) what steps the petitioner has taken toward personal rehabilitation since the time of
the order terminating parental rights, including treatment, work, or other personal history
that demonstrates rehabilitation;
new text end

new text begin (7) how the petitioner has corrected the conditions that led to the order terminating
parental rights for which reunification is sought;
new text end

new text begin (8) reasons why the petitioner is willing and capable to provide day-to-day care and
maintain the health, safety, and welfare of the child; and
new text end

new text begin (9) all prior requests by the petitioner, whether for the present order terminating parental
rights or for any other orders terminating parental rights, whether granted or not.
new text end

new text begin (b) Prior to filing a petition for reestablishment under this section, a parent must notify
the responsible social services agency of their intent to petition for reestablishment. Notice
must be provided 45 days prior to filing using a form created by the commissioner that
includes the information listed in paragraph (a). The parent must file a copy of the notice
with the petition for reestablishment.
new text end

Sec. 3.

Minnesota Statutes 2018, section 260C.329, subdivision 7, is amended to read:

Subd. 7.

Service of petition on the parties.

The petition for the reestablishment of the
legal parent and child relationship and notice of hearing on the petition must be served on:

(1) the child;

(2) new text begin in cases where the county attorney is the petitioning party new text end the parent whose rights
have been terminated and with whom the legal parent and child relationship is proposed to
be reestablished;

new text begin (3) the county attorney;
new text end

new text begin (4) the responsible social services agency;
new text end

deleted text begin (3) deleted text end new text begin (5) new text end the child's guardian ad litem; and

deleted text begin (4) deleted text end new text begin (6) new text end the child's tribe if the child is subject to the Indian Child Welfare Act.

Sec. 4.

Minnesota Statutes 2018, section 260C.329, subdivision 8, is amended to read:

Subd. 8.

Hearing.

The court may grant the petition ordering the reestablishment of the
legal parent and child relationship only if it finds by clear and convincing evidence that:

(1) reestablishment of the legal parent and child relationship is in the child's best interests;

deleted text begin (2) the child is 15 years of age or older;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the child has not been adopted;

deleted text begin (4) deleted text end new text begin (3) new text end the child is not the subject of a written adoption placement agreement between
the responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2;

deleted text begin (5) deleted text end new text begin (4) new text end at least deleted text begin 36 deleted text end new text begin 48 new text end months have elapsed following a final order terminating parental
rights and the child remains in foster care;

deleted text begin (6) deleted text end new text begin (5) new text end the child desires to reside with the parent;

deleted text begin (7) deleted text end new text begin (6) new text end the parent has corrected the conditions that led to an order terminating parental
rights; and

deleted text begin (8) deleted text end new text begin (7) new text end the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child.

Sec. 5.

Minnesota Statutes 2018, section 260C.329, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Denial; subsequent petitions. new text end

new text begin If the court denies a parent's petition under
this section after a hearing, the court must make a written order barring the filing of
subsequent petitions by the parent. The court must provide the length of the time period the
parent is barred from filing a subsequent petition, make written findings in support of the
order, and evaluate the best interests of the child.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 260C.329, subdivision 5, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S0342-2

260C.329 REESTABLISHMENT OF THE LEGAL PARENT AND CHILD RELATIONSHIP.

Subd. 5.

Decision not appealable.

The decision by the county attorney not to file a petition for the reestablishment of legal parent and child relationship is not appealable.