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Office of the Revisor of Statutes

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.