Minnesota LegislatureOffice of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 218-S.F.No. 203
An act relating to adoption; creating a putative
fathers' adoption registry; amending adoption notice
and consent provisions relating to fathers; amending
Minnesota Statutes 1996, sections 13.99, by adding a
subdivision; 257.352, subdivision 3, and by adding
subdivisions; 257.58, subdivision 1; 259.21, by adding
a subdivision; 259.49, subdivision 1; 260.221,
subdivision 1, and by adding a subdivision; and
357.021, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapter 259; repealing
Minnesota Statutes 1996, section 259.51.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 13.99, is
amended by adding a subdivision to read:
Subd. 76b. [PUTATIVE FATHERS' ADOPTION REGISTRY.] Data in
the putative fathers' adoption registry are classified under
section 259.52, subdivision 4.
Sec. 2. Minnesota Statutes 1996, section 257.352,
subdivision 3, is amended to read:
Subd. 3. [PRIVATE CHILD-PLACING AGENCY NOTICE OF POTENTIAL
PREADOPTIVE OR ADOPTIVE PLACEMENT.] When a private child-placing
agency determines that an Indian child is in a dependent or
other condition that could lead to a preadoptive or adoptive
placement, the agency shall send notice of the condition to
the In any voluntary adoptive or preadoptive placement
proceeding in which a local social service agency, private
child-placing agency, petitioner in the adoption, or any other
party has reason to believe that a child who is the subject of
an adoptive or preadoptive placement proceeding is or may be an
"Indian child," as defined in section 257.351, subdivision 6,
and United States Code, title 25, section 1903(4), the agency or
person shall notify the Indian child's tribal social service
agency within seven days of the determination by registered mail
with return receipt requested of the pending proceeding and of
the right of intervention under subdivision 3c. If the identity
or location of the child's tribe cannot be determined, the
notice must be given to the United States secretary of interior
in like manner, who will have 15 days after receipt of the
notice to provide the requisite notice to the tribe. No
preadoptive or adoptive placement proceeding may be held until
at least ten days after receipt of the notice by the tribe or
secretary. Upon request, the tribe must be granted up to 20
additional days to prepare for the proceeding. The agency or
notifying party shall include in the notice the identity of the
birth parents and child absent written objection by the birth
parents. The private child-placing agency shall inform the
birth parents of the Indian child of any services available to
the Indian child through the child's tribal social service
agency, including child placement services, and shall
additionally provide the birth parents of the Indian child with
all information sent from the tribal social service agency in
response to the notice.
Sec. 3. Minnesota Statutes 1996, section 257.352, is
amended by adding a subdivision to read:
Subd. 3a. [UNKNOWN FATHER.] If the local social service
agency, private child-placing agency, the court, petitioner, or
any other party has reason to believe that a child who is the
subject of an adoptive placement proceeding is or may be an
Indian child but the father of the child is unknown and has not
registered with the putative fathers' adoption registry pursuant
to section 259.52, the agency or person shall provide to the
tribe believed to be the Indian child's tribe information
sufficient to enable the tribe to determine the child's
eligibility for membership in the tribe, including, but not
limited to, the legal and maiden name of the birth mother, her
date of birth, the names and dates of birth of her parents and
grandparents, and, if available, information pertaining to the
possible identity, tribal affiliation, or location of the birth
father.
Sec. 4. Minnesota Statutes 1996, section 257.352, is
amended by adding a subdivision to read:
Subd. 3b. [PROOF OF SERVICE OF NOTICE UPON TRIBE OR
SECRETARY.] In cases where an agency or party to an adoptive
placement knows or has reason to believe that a child is or may
be an Indian child, proof of service upon the child's tribe or
the secretary of interior must be filed with the adoption
petition.
Sec. 5. Minnesota Statutes 1996, section 257.352, is
amended by adding a subdivision to read:
Subd. 3c. [INDIAN TRIBE'S RIGHT OF INTERVENTION.] In any
state court proceeding for the voluntary adoptive or preadoptive
placement of an Indian child, the Indian child's tribe shall
have a right to intervene at any point in the proceeding.
Sec. 6. Minnesota Statutes 1996, section 257.58,
subdivision 1, is amended to read:
Subdivision 1. [ACTIONS FOR CHILDREN WITHOUT A PRESUMED
FATHER.] Except as otherwise provided in section 259.52, an
action to determine the existence of the father and child
relationship as to a child who has no presumed father under
section 257.55 is not barred until one year after the child
reaches the age of majority.
Sec. 7. Minnesota Statutes 1996, section 259.21, is
amended by adding a subdivision to read:
Subd. 12. [PUTATIVE FATHER.] "Putative father" means a man
who may be a child's father, but who:
(1) is not married to the child's mother on or before the
date that the child was or is to be born; and
(2) has not established paternity of the child according to
section 257.57 in a court proceeding before the filing of a
petition for the adoption of the child.
"Putative father" includes a male who is less than 18 years
old.
Sec. 8. Minnesota Statutes 1996, section 259.49,
subdivision 1, is amended to read:
Subdivision 1. [TO WHOM GIVEN.] Except as provided in
subdivision 3, and subject to section 259.51 259.52, notice of
the hearing upon a petition to adopt a child shall must be given
to:
(1) (a) the guardian, if any, of a child;
(2) (b) the parent of a child if:
(a) (1) the person's name appears on the child's birth
certificate, as a parent, or;
(b) (2) the person has substantially supported the child,
or;
(c) (3) the person either was married to the person
designated on the birth certificate as the natural mother within
the 325 days before the child's birth or married that person
within the ten days after the child's birth, or;
(d) (4) the person is openly living with the child or the
person designated on the birth certificate as the natural mother
of the child, or both, or;
(e) (5) the person has been adjudicated the child's parent,
or;
(f) (6) the person has filed an affidavit pursuant to
section 259.51. a paternity action within 30 days after the
child's birth and the action is still pending;
(7) the person and the mother of the child have signed a
declaration of parentage under section 257.34 before August 1,
1995, which has not been revoked or a recognition of parentage
under section 257.75, which has not been revoked or vacated; or
(8) the person:
(i) is not entitled to notice under clauses (1) to (7);
(ii) has registered with the putative fathers' adoption
registry;
(iii) after receiving a putative fathers' adoption registry
notice, has timely filed an intent to retain parental rights
with entry of appearance form under section 259.52; and
(iv) within 30 days of receipt of the putative fathers'
adoption registry notice has initiated a paternity action,
unless, for good cause shown, he is unable to do so within the
30 days; a paternity action must be initiated by the putative
father in district court; application to the public authority
for paternity establishment services does not constitute
initiation of an action; and
(c) the child's tribe pursuant to section 257.352,
subdivision 3, if the child is an Indian child.
This Notice under this section need not be given to any
above named a person listed in this subdivision whose parental
rights have been terminated, whose notice of intention to retain
parental rights filed pursuant to section 259.51 has been
successfully challenged, who has consented to the adoption or
who has waived notice of the hearing. The notice of the hearing
may be waived by a parent, guardian, or other interested party
by a writing executed before two competent witnesses and duly
acknowledged. The waiver shall must be filed in the adoption
proceedings at any time before the matter is heard.
Sec. 9. [259.52] [PUTATIVE FATHERS' ADOPTION REGISTRY.]
Subdivision 1. [ESTABLISHMENT OF REGISTRY; PURPOSE; FEES.]
(a) The commissioner of health shall establish a putative
fathers' adoption registry for the purpose of determining the
identity and location of a putative father interested in a minor
child who is, or is expected to be, the subject of an adoption
proceeding, in order to provide notice of the adoption
proceeding to the putative father who is not otherwise entitled
to notice under section 259.49, subdivision 1, paragraph (a) or
(b), clauses (1) to (7). The commissioner of health may
establish informational material and public service
announcements necessary to implement this section. Any
limitation on a putative father's right to assert an interest in
the child as provided in this section applies only in adoption
proceedings and only to those putative fathers not entitled to
notice and consent under sections 259.24 and 259.49, subdivision
1, paragraph (a) or (b), clauses (1) to (7). The commissioner
of health has no independent obligation to gather or update the
information to be maintained on the registry. It is the
registrant's responsibility to update his personal information
on the registry.
(b) The putative fathers' adoption registry must contain
the following information:
(1) with respect to the putative father, the:
(i) name, including any other names by which the putative
father may be known and that he may provide to the registry;
(ii) address at which he may be served with notice of a
petition under this chapter, including any change of address;
(iii) social security number, if known;
(iv) date of birth; and
(v) if applicable, a certified copy of an order by a court
of another state or territory of the United States adjudicating
the putative father to be the father of this child;
(2) with respect to the mother of the child:
(i) name, including all other names known to the putative
father by which the mother may be known;
(ii) if known to the putative father, her last address;
(iii) social security number, if known; and
(iv) date of birth;
(3) if known to the putative father, the name, gender,
place of birth, and date of birth or anticipated date of birth
of the child;
(4) the date that the commissioner of health received the
putative father's registration; and
(5) other information the commissioner of health determines
by rule to be necessary for the orderly administration of the
registry.
(c) The commissioner of health shall set reasonable fees
for the use of the registry; however, a putative father shall
not be charged a fee for registering. Revenues generated by the
fee must be deposited in the state government special revenue
fund and appropriated to the commissioner of health to
administer the putative fathers' adoption registry.
Subd. 2. [REQUIREMENT TO SEARCH REGISTRY BEFORE ADOPTION
PETITION CAN BE GRANTED; PROOF OF SEARCH.] No petition for
adoption may be granted unless the agency supervising the
adoptive placement, the birth mother of the child, or, in the
case of a stepparent or relative adoption, the county agency
responsible for the report required under section 259.53,
subdivision 1, requests that the commissioner of health search
the registry to determine whether a putative father is
registered in relation to a child who is or may be the subject
of an adoption petition. The search required by this
subdivision must be conducted no sooner than 31 days following
the birth of the child. A search of the registry may be proven
by the production of a certified copy of the registration form
or by a certified statement of the commissioner of health that
after a search no registration of a putative father in relation
to a child who is or may be the subject of an adoption petition
could be located. Certification that the putative fathers'
adoption registry has been searched must be filed with the court
prior to entry of any final order of adoption. In addition to
the search required by this subdivision, the agency supervising
the adoptive placement, the birth mother of the child, or, in
the case of a stepparent or relative adoption, the county agency
responsible for the report under section 259.53, subdivision 1,
may request that the commissioner of health search the registry
at any time.
Subd. 3. [SEARCH OF REGISTRY FOR CHILD SUPPORT ENFORCEMENT
PURPOSES.] A public authority responsible for child support
enforcement that is attempting to establish a child support
obligation may request that the commissioner of health search
the registry to determine whether a putative father is
registered in relation to a child who is or may be the subject
of a child support obligation. A search of the registry may be
proven by the production of a certified copy of the registration
form or by a certified statement of the commissioner of health
that after a search, no registration of a putative father in
relation to the child could be located. No fee may be charged
to the public authority for use of the registry.
Subd. 4. [CLASSIFICATION OF REGISTRY DATA.] Data in the
putative fathers' adoption registry are private data on
individuals, as defined in section 13.02, subdivision 2. Data
in the registry may be released to:
(1) a person who is required to search the registry under
subdivision 2, if the data relate to the child who is or may be
the subject of the adoption petition; or
(2) a public authority as provided in subdivision 3.
A person who receives data under this subdivision may use
the data only for purposes authorized under this section or
other law.
Subd. 5. [CRIMINAL PENALTY FOR REGISTERING FALSE
INFORMATION.] A person who knowingly or intentionally registers
false information under this section is guilty of a misdemeanor.
Subd. 6. [WHO MAY REGISTER.] Any putative father may
register with the putative fathers' adoption registry. However,
any limitation on a putative father's right to assert an
interest in the child as provided in this section applies only
in adoption proceedings and only to those putative fathers not
entitled to notice and consent under sections 259.24 and 259.49,
subdivision 1, paragraph (a) or (b), clauses (1) to (7).
Subd. 7. [WHEN AND HOW TO REGISTER.] A putative father may
register with the department of health before the birth of the
child but must register no later than 30 days after the birth of
the child. Registrations must be in writing and signed by the
putative father.
Subd. 8. [FAILURE TO REGISTER.] Except for a putative
father who is entitled to notice and consent under sections
259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses
(1) to (7), a putative father who fails to timely register with
the putative fathers' adoption registry under subdivision 7:
(1) is barred thereafter from bringing or maintaining an
action to assert any interest in the child during the pending
adoption proceeding concerning the child;
(2) is considered to have waived and surrendered any right
to notice of any hearing in any judicial proceeding for adoption
of the child, and consent of that person to the adoption of the
child is not required; and
(3) is considered to have abandoned the child.
Failure to register under subdivision 7 is prima facie
evidence of sufficient grounds to support termination of the
putative father's parental rights under section 260.221,
subdivision 1.
A putative father who has not timely registered under
subdivision 7 is considered to have timely registered if he
proves by clear and convincing evidence that:
(i) it was not possible for him to register within the
period of time specified in subdivision 7;
(ii) his failure to register was through no fault of his
own; and
(iii) he registered within ten days after it became
possible for him to file.
A lack of knowledge of the pregnancy or birth is not an
acceptable reason for failure to register.
Subd. 9. [NOTICE AND SERVICE FOR THOSE ON PUTATIVE
FATHERS' ADOPTION REGISTRY WHO ARE NOT OTHERWISE ENTITLED TO
NOTICE.] Any time after conception, an interested party,
including persons intending to adopt a child, a child welfare
agency with whom the mother has placed or has given written
notice of her intention to place a child for adoption, the
mother of a child, or any attorney representing an interested
party, may file with the court administrator a written request
that the putative fathers on the registry who have registered in
relation to the child be served with a putative fathers'
adoption registry notice, an intent to claim parental rights
with entry of appearance form, and a denial of paternity with
entry of appearance and consent to adoption form pursuant to
subdivision 11. These documents may be served on a putative
father in the same manner as a summons is served in other civil
proceedings, or, in lieu of personal service, service may be
made as follows:
(a) The person requesting notice shall pay to the court
administrator a mailing fee plus the cost of United States
postage for certified or registered mail and furnish to the
court administrator an original and one copy of the putative
fathers' adoption registry notice, the intent to claim parental
rights with entry of appearance form, and the denial of
paternity with entry of appearance and consent to adoption form
together with an affidavit setting forth the putative father's
last known address. The original putative fathers' adoption
registry notice, the intent to claim parental rights with entry
of appearance form, and the denial of paternity with entry of
appearance and consent to adoption form must be retained by the
court administrator.
(b) The court administrator shall mail to the putative
father, at the address appearing in the affidavit, the copy of
the putative fathers' adoption registry notice, the intent to
claim parental rights with entry of appearance form, and the
denial of paternity with entry of appearance and consent to
adoption form by certified mail, return receipt requested. The
envelope and return receipt must bear the return address of the
court administrator. The receipt for certified mail must state
the name and address of the addressee and the date of mailing
and must be attached to the original notice.
(c) The return receipt, when returned to the court
administrator, must be attached to the original putative
fathers' adoption registry notice, the intent to claim parental
rights with entry of appearance form, and the denial of
paternity with entry of appearance and consent to adoption form
and constitutes proof of service.
(d) The court administrator shall note the fact of service
in a permanent record.
Subd. 10. [RESPONSE TO PUTATIVE FATHERS' ADOPTION REGISTRY
NOTICE; LIMITATION OF RIGHTS FOR FAILURE TO RESPOND AND UPON
FILING OF DISCLAIMER OF PATERNITY.] Within 30 days of receipt of
the putative fathers' adoption registry notice, the intent to
claim parental rights with entry of appearance form, and the
denial of paternity with entry of appearance and consent to
adoption form, the putative father must file a completed intent
to claim parental rights with entry of appearance form with the
court administrator stating that he intends to initiate a
paternity action within 30 days of receipt of the putative
fathers' adoption registry notice in order to preserve the right
to maintain an interest in the child and receive notice during
the pending adoption proceeding. Failure to initiate a
paternity action within 30 days of receipt of the putative
fathers' adoption registry notice does not act as a bar to
receiving notice under section 259.49. If good cause is shown,
the putative father must be allowed more time to initiate the
paternity action. A putative father who files a completed
denial of paternity with entry of appearance and consent to
adoption form or who fails to timely file an intent to claim
parental rights with entry of appearance form with the court:
(1) is barred from later bringing or maintaining an action
to assert any interest in the child during the pending adoption
proceeding concerning the child;
(2) is considered to have waived and surrendered a right to
notice of a hearing in any judicial proceeding for adoption of
the child, and consent of that person to the adoption of the
child is not required; and
(3) is considered to have abandoned the child.
Failure to register is prima facie evidence of sufficient
grounds to support termination of the putative father's parental
rights.
Subd. 11. [PUTATIVE FATHERS' ADOPTION REGISTRY NOTICE;
INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE FORM;
DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND CONSENT TO
ADOPTION FORM.] (a) The putative father's adoption registry
notice sent under subdivision 9 must be substantially as follows:
"IN THE MATTER OF NOTICE TO .........., REGISTERED PUTATIVE
FATHER.
You have signed the putative fathers' adoption registry
indicating that you are the father of a child born on the
.......... day of .........., ...., (or expected to be born on
or about the ....... day of .........., ....).
The mother of the child is ...........
The mother has indicated that she intends to place the
child for adoption.
As the alleged father of the child by virtue of signing the
putative fathers' adoption registry, you have certain legal
rights with respect to the child, including the right to notice
of the filing of proceedings instituted for the adoption of the
child. If you wish to retain your rights with respect to the
child, you must file with the court administrator, Court of
.......... County, Minnesota, whose address is ..........,
Minnesota, within 30 days after the date of receipt of this
notice, the enclosed intent to claim parental rights with entry
of appearance form stating that you are, in fact, the father of
the child and that you intend to retain your legal rights with
respect to the child by initiating a paternity action within 30
days of receipt of the putative fathers' adoption registry
notice.
If you do not file an intent to claim parental rights with
entry of appearance form or a request for notice, then whatever
legal rights you have with respect to the child, including the
right to notice of any future proceedings for the adoption of
the child, may be terminated without any further notice to you.
When your legal rights with respect to the child are so
terminated, you will not be entitled to notice of any proceeding
instituted for the adoption of the child.
If you are not the father of the child, you may file with
the court administrator the denial of paternity with entry of
appearance and consent to adoption form enclosed herewith and
you will receive no further notice with respect to the child."
(b) The intent to claim parental rights with entry of
appearance form sent under subdivision 9 must be substantially
as follows:
"INTENT TO CLAIM PARENTAL RIGHTS WITH ENTRY OF APPEARANCE
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at
.......... in the County of .........., State of ...........
(2) That I have been advised that .......... is the mother
of a .......... male/female child named .......... born or
expected to be born on or about .......... and that such mother
has stated that I am the father of this child.
(3) I declare that I am the father of this child.
(4) I understand that the mother of this child wishes to
consent to the adoption of this child. I do not consent to the
adoption of this child, and I understand that I must return this
intent to claim parental rights with entry of appearance form to
the court administrator of .......... County, located at
.........., within 30 days of receipt of this notice.
(5) I further understand that I am also obligated to
initiate a paternity action under the Parentage Act (Minnesota
Statutes, sections 257.51 to 257.74) within 30 days of my
receiving the putative fathers' adoption registry notice, or, if
the child is not yet born, within 30 days after the birth of the
child, unless for good cause shown I am unable to do so. That
proceeding is separate and distinct from the above mailing of
intent to claim parental rights with entry of appearance form;
in the paternity action, I must state that I am, in fact, the
father of said child for one or more of the reasons stated in
Minnesota Statutes, section 257.55, subdivision 1, and that I
intend to retain my legal rights with respect to said child, and
request to be notified of any further proceedings with respect
to custody or adoption of the child.
(6) I hereby enter my appearance in the above entitled
cause.
OATH
I have been duly sworn and I say under oath that I have
read and understand this intent to claim parental rights with
entry of appearance form. The facts that it contains are true
and correct to the best of my knowledge, and I understand that
by signing this document I admit my paternity. I have signed
this document as my free and voluntary act.
...........
(Signature)
Dated this .......... day of .........., .....
Signed and Sworn Before Me This ....... day of .........., .....
...........
(notary public)"
(c) The denial of paternity with entry of appearance and
consent to adoption form sent under subdivision 9 must be
substantially as follows:
"DENIAL OF PATERNITY WITH ENTRY OF APPEARANCE AND
CONSENT TO ADOPTION
I, .........., state as follows:
(1) That I am ..... years of age; and I reside at
.......... in the County of .........., State of ...........
(2) That I have been advised that .......... is the mother
of a .......... male/female child named .......... born or
expected to be born on or about .......... and that I have
registered with the putative fathers' adoption registry stating
that I am the father of this child.
(3) I now deny that I am the father of this child. My
denial at this time will not subject me to any criminal
liability.
(4) I further understand that the mother of this child
wishes to consent to the adoption of the child. I hereby
consent to the adoption of this child, and waive any rights,
remedies, and defenses that I may have now or in the future.
This consent is being given in order to facilitate the adoption
of the child and so that the court may terminate what rights I
may have to the child. This consent is not in any manner an
admission of paternity.
(5) I hereby enter my appearance in the above entitled
cause and waive service of summons and other pleading.
OATH
I have been duly sworn and I say under oath that I have
read and understood this denial of paternity with entry of
appearance and consent to adoption. The facts it contains are
true and correct to the best of my knowledge, and I understand
that by signing this document I have not admitted paternity. I
have signed this document as my free and voluntary act in order
to facilitate the adoption of the child.
...........
(Signature)
Dated this .......... day of .........., .....
Signed and Sworn Before Me This ....... day of .........., .....
...........
(notary public)"
[The names of adoptive parents must not be included in the
notice.]
Subd. 12. [RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Upon proof
of indigency, a putative father who has registered with the
fathers' adoption registry, has received a putative fathers'
adoption registry notice, and has timely filed an intent to
claim paternal rights with entry of appearance form with the
court administrator, must have counsel appointed at public
expense.
Subd. 13. [APPLICABILITY OF INDIAN CHILD WELFARE ACT.] In
an action involving an American Indian child, sections 257.35 to
257.3579, and the Indian child welfare act, United States Code,
title 25, sections 1901 to 1923, control to the extent that the
provisions of this section are inconsistent with those laws.
The public acts, records, and judicial proceedings of any Indian
tribe that provide an acknowledgment of paternity or that
establish paternity pursuant to tribal law or custom shall be
given full faith and credit as provided in United States Code,
title 25, section 1911(d). Nothing in this section defeats the
right of an Indian father who has acknowledged or established
his paternity pursuant to tribal law or custom to commence a
paternity proceeding, except that no father may file a paternity
proceeding after the entry of a final decree of adoption.
Subd. 14. [FEES FOR PUTATIVE FATHERS' ADOPTION
REGISTRY.] The district court administrator in every judicial
district shall, in addition to any other filing fees, assess a
$75 adoption filing fee surcharge on each adoption petition
filed in the district court for the purpose of implementing and
maintaining the putative fathers' adoption registry. The court
administrator shall forward fees collected under this
subdivision to the commissioner of finance for deposit into the
state government special revenue fund to be appropriated to the
commissioner of health to administer the putative fathers'
adoption registry established under this section.
Sec. 10. Minnesota Statutes 1996, section 260.221,
subdivision 1, is amended to read:
Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile
court may upon petition, terminate all rights of a parent to a
child in the following cases:
(a) with the written consent of a parent who for good cause
desires to terminate parental rights; or
(b) if it finds that one or more of the following
conditions exist:
(1) That the parent has abandoned the child.; or
Abandonment is presumed when:
(i) the parent has had no contact with the child on a
regular basis and no demonstrated, consistent interest in the
child's well-being for six months; and
(ii) the social service agency has made reasonable efforts
to facilitate contact, unless the parent establishes that an
extreme financial or physical hardship or treatment for mental
disability or chemical dependency or other good cause prevented
the parent from making contact with the child. This presumption
does not apply to children whose custody has been determined
under chapter 257 or 518. The court is not prohibited from
finding abandonment in the absence of this presumption; or
(2) That the parent has substantially, continuously, or
repeatedly refused or neglected to comply with the duties
imposed upon that parent by the parent and child relationship,
including but not limited to providing the child with necessary
food, clothing, shelter, education, and other care and control
necessary for the child's physical, mental, or emotional health
and development, if the parent is physically and financially
able, and reasonable efforts by the social service agency have
failed to correct the conditions that formed the basis of the
petition; or
(3) That a parent has been ordered to contribute to the
support of the child or financially aid in the child's birth and
has continuously failed to do so without good cause. This
clause shall not be construed to state a grounds for termination
of parental rights of a noncustodial parent if that parent has
not been ordered to or cannot financially contribute to the
support of the child or aid in the child's birth; or
(4) That a parent is palpably unfit to be a party to the
parent and child relationship because of a consistent pattern of
specific conduct before the child or of specific conditions
directly relating to the parent and child relationship either of
which are determined by the court to be of a duration or nature
that renders the parent unable, for the reasonably foreseeable
future, to care appropriately for the ongoing physical, mental,
or emotional needs of the child. It is presumed that a parent
is palpably unfit to be a party to the parent and child
relationship upon a showing that:
(i) the child was adjudicated in need of protection or
services due to circumstances described in section 260.015,
subdivision 2a, clause (1), (2), (3), (5), or (8); and
(ii) within the three-year period immediately prior to that
adjudication, the parent's parental rights to one or more other
children were involuntarily terminated under clause (1), (2),
(4), or (7), or under clause (5) if the child was initially
determined to be in need of protection or services due to
circumstances described in section 260.015, subdivision 2a,
clause (1), (2), (3), (5), or (8); or
(5) That following upon a determination of neglect or
dependency, or of a child's need for protection or services,
reasonable efforts, under the direction of the court, have
failed to correct the conditions leading to the determination.
It is presumed that reasonable efforts under this clause have
failed upon a showing that:
(i) a child has resided out of the parental home under
court order for more than one year following an adjudication of
dependency, neglect, need for protection or services under
section 260.015, subdivision 2a, clause (1), (2), (3), (6), (8),
or (9), or neglected and in foster care, and an order for
disposition under section 260.191, including adoption of the
case plan required by section 257.071;
(ii) conditions leading to the determination will not be
corrected within the reasonably foreseeable future. It is
presumed that conditions leading to a child's out-of-home
placement will not be corrected in the reasonably foreseeable
future upon a showing that the parent or parents have not
substantially complied with the court's orders and a reasonable
case plan, and the conditions which led to the out-of-home
placement have not been corrected; and
(iii) reasonable efforts have been made by the social
service agency to rehabilitate the parent and reunite the family.
This clause does not prohibit the termination of parental
rights prior to one year after a child has been placed out of
the home.
It is also presumed that reasonable efforts have failed
under this clause upon a showing that:
(i) the parent has been diagnosed as chemically dependent
by a professional certified to make the diagnosis;
(ii) the parent has been required by a case plan to
participate in a chemical dependency treatment program;
(iii) the treatment programs offered to the parent were
culturally, linguistically, and clinically appropriate;
(iv) the parent has either failed two or more times to
successfully complete a treatment program or has refused at two
or more separate meetings with a caseworker to participate in a
treatment program; and
(v) the parent continues to abuse chemicals.
Provided, that this presumption applies only to parents required
by a case plan to participate in a chemical dependency treatment
program on or after July 1, 1990; or
(6) That a child has experienced egregious harm in the
parent's care which is of a nature, duration, or chronicity that
indicates a lack of regard for the child's well-being, such that
a reasonable person would believe it contrary to the best
interest of the child or of any child to be in the parent's
care; or
(7) That in the case of a child born to a mother who was
not married to the child's father when the child was conceived
nor when the child was born the person is not entitled to notice
of an adoption hearing under section 259.49 and either the
person has not filed a notice of intent to retain parental
rights under section 259.51 or that the notice has been
successfully challenged registered with the putative fathers'
adoption registry under section 259.52; or
(8) That the child is neglected and in foster care.
In an action involving an American Indian child, sections 257.35
to 257.3579 and the Indian Child Welfare Act, United States
Code, title 25, sections 1901 to 1923, control to the extent
that the provisions of this section are inconsistent with those
laws.
Sec. 11. Minnesota Statutes 1996, section 260.221, is
amended by adding a subdivision to read:
Subd. 1a. [EVIDENCE OF ABANDONMENT.] For purposes of
subdivision 1, clause (1):
(a) Abandonment is presumed when:
(1) the parent has had no contact with the child on a
regular basis and not demonstrated consistent interest in the
child's well-being for six months; and
(2) the social service agency has made reasonable efforts
to facilitate contact, unless the parent establishes that an
extreme financial or physical hardship or treatment for mental
disability or chemical dependency or other good cause prevented
the parent from making contact with the child. This presumption
does not apply to children whose custody has been determined
under chapter 257 or 518. The court is not prohibited from
finding abandonment in the absence of this presumption.
(b) The following are prima facie evidence of abandonment
where adoption proceedings are pending and there has been a
showing that the person was not entitled to notice of an
adoption proceeding under section 259.49:
(1) failure to register with the putative fathers' adoption
registry under section 259.52; or
(2) if the person registered with the putative fathers'
adoption registry under section 259.52:
(i) filing a denial of paternity within 30 days of receipt
of notice under section 259.52, subdivision 8;
(ii) failing to timely file an intent to claim parental
rights with entry of appearance form within 30 days of receipt
of notice under section 259.52, subdivision 10; or
(iii) timely filing an intent to claim parental rights with
entry of appearance form within 30 days of receipt of notice
under section 259.52, subdivision 10, but failing to initiate a
paternity action within 30 days of receiving the putative
fathers' adoption registry notice where there has been no
showing of good cause for the delay.
Sec. 12. Minnesota Statutes 1996, section 357.021,
subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court,
including any case arising under the tax laws of the state that
could be transferred or appealed to the tax court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$122.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $122.
The party requesting a trial by jury shall pay $75.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $10, and $5 for an uncertified copy.
(3) Issuing a subpoena, $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $10.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $7.50.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(8) Filing and indexing trade name; or recording basic
science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) For the deposit of a will, $5.
(11) For recording notary commission, $25, of which,
notwithstanding subdivision 1a, paragraph (b), $20 must be
forwarded to the state treasurer to be deposited in the state
treasury and credited to the general fund.
(12) When a defendant pleads guilty to or is sentenced for
a petty misdemeanor other than a parking violation, the
defendant shall pay a fee of $11.
(13) Filing a motion or response to a motion for
modification of child support, a fee fixed by rule or order of
the supreme court.
(14) All other services required by law for which no fee is
provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this
chapter, a surcharge in the amount of $75 must be assessed in
accordance with section 259.52, subdivision 14, for each
adoption petition filed in district court to fund the putative
fathers' adoption registry under section 259.52.
The fees in clauses (3) and (4) need not be paid by a
public authority or the party the public authority represents.
Sec. 13. [REPEALER.]
Minnesota Statutes 1996, section 259.51, is repealed.
Sec. 14. [EFFECTIVE DATE.]
Sections 9, subdivision 14; and 12, are effective July 1,
1997. Sections 1 to 8; 9, subdivisions 1 to 13; 10; 11; and 13,
are effective for births occurring on or after January 1, 1998.
Presented to the governor May 27, 1997
Signed by the governor May 30, 1997, 1:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes