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SF 3687

as introduced - 90th Legislature (2017 - 2018) Posted on 03/26/2018 03:27pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to children; permitting legal parent to petition for reestablishment of the
legal parent and child relationship; amending Minnesota Statutes 2016, section
260C.329, subdivisions 3, 7, 8; repealing Minnesota Statutes 2016, section
260C.329, subdivision 5.

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

Section 1.

Minnesota Statutes 2016, section 260C.329, subdivision 3, is amended to read:


Subd. 3.

Petition.

deleted text beginOnly the county attorneydeleted text endnew text begin A legal parentnew text end may file a petition for the
reestablishment of the legal parent and child relationship. A petition for the reestablishment
of the legal parent and child relationship may be filed when:

(1) deleted text beginboth the responsible social services agency and the county attorney agree that
deleted text end 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 begin36deleted text endnew text begin 24new 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 endnew text begin (5)new text end the child has not been adopted; and

deleted text begin (7)deleted text endnew 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 2016, 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;

deleted text begin (2) the parent whose rights have been terminated and with whom the legal parent and
child relationship is proposed to be reestablished;
deleted text end

new text begin (2) the county attorney;
new text end

new text begin (3) the responsible social services agency;
new text end

deleted text begin (3)deleted text endnew text begin (4)new text end the child's guardian ad litem; and

deleted text begin (4)deleted text endnew text begin (5)new text end the child's tribe if the child is subject to the Indian Child Welfare Act.

Sec. 3.

Minnesota Statutes 2016, 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 endnew text begin (2)new text end the child has not been adopted;

deleted text begin (4)deleted text endnew 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 endnew text begin (4)new text end at least deleted text begin36deleted text endnew text begin 24new 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 endnew text begin (5)new text end the child desires to reside with the parent;

deleted text begin (7)deleted text endnew 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 endnew 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. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 260C.329, subdivision 5, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 18-7033

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.