Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 177-S.F.No. 122
An act relating to human services; requiring
notification of placement or adoption of a child to
the other birth parent; requiring background checks
for adoption; requiring affidavits for an emergency
order requiring updates to adoption study; defining
content of postplacement assessment and report;
permitting court-ordered grandparent visitation with
an adopted child; recognition of adoption which
occurred in a foreign country; defining when adoption
records shall become public records; amending
Minnesota Statutes 1996, sections 245A.04, subdivision
10; 257.022, subdivision 2, and by adding a
subdivision; 259.20, subdivision 2; 259.22,
subdivisions 2 and 4; 259.24, subdivision 2a; 259.41;
259.47, subdivisions 3, 6, 7, 8, and 10; 259.53,
subdivisions 1 and 2; 259.55, subdivision 1; 259.59,
subdivision 1; 259.61; 259.67, subdivision 7; 259.79,
subdivision 3; and 259.83, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapter 259;
repealing Minnesota Statutes 1996, section 259.47,
subdivision 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 245A.04,
subdivision 10, is amended to read:
Subd. 10. [ADOPTION AGENCY; ADDITIONAL REQUIREMENTS.] In
addition to the other requirements of this section, an
individual, corporation, partnership, voluntary association,
other organization, or controlling individual applying for a
license to place children for adoption must:
(1) incorporate as a nonprofit corporation under chapter
317A;
(2) file with the application for licensure a copy of the
disclosure form required under section 259.37, subdivision 2;
(3) provide evidence that a bond has been obtained and will
be continuously maintained in favor of the commissioner
throughout the entire operating period of the agency, to cover
the cost of transfer of records to and storage of records by the
agency which has agreed, according to rule established by the
commissioner, to receive the applicant agency's records if the
applicant agency voluntarily or involuntarily ceases operation
and fails to provide for proper transfer of the records in order
to comply with the requirements of section 259.79. The bond
must be made in favor of the agency which has agreed to receive
the records; and
(4) submit a certified audit to the commissioner each year
the license is renewed as required under section 245A.03,
subdivision 1.
Sec. 2. Minnesota Statutes 1996, section 257.022,
subdivision 2, is amended to read:
Subd. 2. [FAMILY COURT PROCEEDINGS.] (a) In all
proceedings for dissolution, custody, legal separation,
annulment, or parentage, after the commencement of the
proceeding, or at any time after completion of the proceedings,
and continuing during the minority of the child, the court may,
upon the request of the parent or grandparent of a party, grant
reasonable visitation rights to the unmarried minor child, after
dissolution of marriage, legal separation, annulment, or
determination of parentage during minority if it finds that: (1)
visitation rights would be in the best interests of the child;
and (2) such visitation would not interfere with the parent-
child relationship. The court shall consider the amount of
personal contact between the parents or grandparents of the
party and the child prior to the application.
(b) If a motion for grandparent visitation has been heard
and denied, unless agreed to in writing by the parties, no
subsequent motion may be filed within six months after
disposition of a prior motion on its merits.
Sec. 3. Minnesota Statutes 1996, section 257.022, is
amended by adding a subdivision to read:
Subd. 3a. [GRANDPARENT VISITATION WITH AN ADOPTED
CHILD.] (a) A grandparent of a child adopted by a stepparent may
petition and a court may grant an order setting visitation with
the child if:
(1) the grandparent is the parent of:
(i) a deceased parent of the child; or
(ii) a parent of the child whose parental relationship was
terminated by a decree of adoption according to section 259.57,
subdivision 1; and
(2) the court determines that the requested visitation:
(i) is in the best interests of the child; and
(ii) would not interfere with the parent and child
relationship.
(b) Failure to comply with the terms of an order for
visitation granted under this subdivision is not a basis for
revoking, setting aside, or otherwise challenging the validity
of a consent, relinquishment, or adoption of a child.
Sec. 4. Minnesota Statutes 1996, section 259.20,
subdivision 2, is amended to read:
Subd. 2. Portions of chapters 245A, 257, 260, and 317A may
also affect the adoption of a particular child. Provisions of
the Indian Child Welfare Act, United States Code, title 25,
chapter 21, sections 1901-23, may also apply in the adoption of
an Indian child, and may preempt specific provisions of this
chapter.
Sec. 5. Minnesota Statutes 1996, section 259.22,
subdivision 2, is amended to read:
Subd. 2. No petition for adoption shall be filed unless
the child sought to be adopted has been placed by the
commissioner of human services, the commissioner's agent, or a
licensed child-placing agency. The provisions of this
subdivision shall not apply if
(a) the child is over 14 years of age;
(b) the child is sought to be adopted by a stepparent;
(c) the child is sought to be adopted by a relative related
by blood or marriage within the third degree an individual who
is related to the child, as defined by section 245A.02,
subdivision 13;
(d) (c) the child has been lawfully placed under the laws
of another state while the child and petitioner resided in that
other state;
(e) (d) the court waives the requirement of this
subdivision in the best interests of the child or petitioners,
provided that the adoption does not involve a placement as
defined in section 259.21, subdivision 8; or
(f) (e) the child has been lawfully placed under section
259.47.
Sec. 6. Minnesota Statutes 1996, section 259.22,
subdivision 4, is amended to read:
Subd. 4. [TIME FOR FILING PETITION.] A petition shall be
filed not later than 24 months after a child is placed in a
prospective adoptive home. If a petition is not filed by that
time, the agency that placed the child, or, in a direct adoptive
placement, the agency that prepared the postplacement adoptive
study is supervising the placement shall file with the district
court in the county where the prospective adoptive parent
resides a motion for an order and a report recommending one of
the following:
(1) that the time for filing a petition be extended because
of the child's special needs as defined under title IV-E of the
Social Security Act, United States Code, title 42, section
673; or
(2) that, based on a written plan for completing filing of
the petition, including a specific timeline, to which the
prospective adoptive parents have agreed, the time for filing a
petition be extended long enough to complete the plan because
such an extension is in the best interests of the child; or
(3) that the child be removed from the prospective adoptive
home.
The prospective adoptive parent must reimburse an agency
for the cost of preparing and filing the motion and report under
this section, unless the costs are reimbursed by the
commissioner under section 259.67 or 259.73.
Sec. 7. Minnesota Statutes 1996, section 259.24,
subdivision 2a, is amended to read:
Subd. 2a. [TIME OF CONSENT; NOTICE OF INTENT TO CONSENT TO
ADOPTION.] (a) Not sooner than 72 hours after the birth of a
child and not later than 60 days after the child's placement in
a prospective adoptive home, a person whose consent is required
under this section shall execute a consent.
(b) Unless all birth parents from whom consent is required
under this section are involved in making the adoptive placement
and intend to consent to the adoption, a birth parent who
intends to execute a consent to an adoption must give notice to
the child's other birth parent of the intent to consent to the
adoption prior to or within 72 hours following the placement of
the child, if the other birth parent's consent to the adoption
is required under subdivision 1. The birth parent who receives
notice shall have 60 days after the placement of the child to
either consent or refuse to consent to the adoption. If the
birth parent who receives notice fails to take either of these
actions, that parent shall be deemed to have irrevocably
consented to the child's adoption.
(c) When notice is required under this subdivision, it
shall be provided to the other birth parent according to the
rules of civil procedure for service of a summons and complaint.
Sec. 8. Minnesota Statutes 1996, section 259.41, is
amended to read:
259.41 [ADOPTION STUDY.]
Subdivision 1. [STUDY REQUIRED BEFORE PLACEMENT; CERTAIN
RELATIVES EXCEPTED.] (a) An adoption study and written report
must be completed before the child is placed in a prospective
adoptive home under this chapter and the study, except as
allowed by section 259.47, subdivision 6. In an agency
placement, the report must be completed and filed with the court
at the time the adoption petition is filed. In a direct
adoptive placement, the report must be filed with the court in
support of a motion for temporary preadoptive custody under
section 259.47, subdivision 3, or, if the study and report are
complete, in support of an emergency order under section 259.47,
subdivision 6. The study and report shall be completed by a
licensed child-placing agency and must be thorough and
comprehensive. The study and report shall be paid for by the
prospective adoptive parent, except as otherwise required under
section 259.67 or 259.73.
(b) A stepparent placement for adoption with an individual
who is related to the child, as defined by section 245A.02,
subdivision 13, is not subject to this section except as
required by section 259.53, subdivision 2, paragraph (c).
Subd. 2. [FORM OF STUDY.] (a) The adoption study must
include at least one in-home visit with the prospective adoptive
parent. At a minimum, the study must include the following
about the prospective adoptive parent:
(1) a background check of criminal conviction data, data on
substantiated maltreatment of a child under section 626.556, and
domestic violence data of each person over the age of 13 living
in the home. The prospective adoptive parents, the bureau of
criminal apprehension, and other state, county, and local
agencies, after written notice to the subject of the study,
shall give the agency completing the adoption study
substantiated criminal conviction data and reports about
maltreatment of minors and vulnerable adults and domestic
violence. The adoption study must also include a check of the
juvenile court records of each person over the age of 13 living
in the home. Notwithstanding provisions of section 260.161 to
the contrary, the juvenile court shall release the requested
information to the agency completing the adoption study. The
study must include as required by subdivision 3, and an
evaluation of the effect of a conviction or finding of
substantiated maltreatment on the ability to care for a child;
(2) a medical and social history and assessment of current
health;
(3) an assessment of potential parenting skills;
(4) an assessment of ability to provide adequate financial
support for a child; and
(5) an assessment of the level of knowledge and awareness
of adoption issues including, where appropriate, matters
relating to interracial, cross-cultural, and special needs
adoptions.
The adoption study must include at least one in-home visit
with the prospective adoptive parent.
(b) The adoption study is the basis for completion of a
written report. The report must be in a format specified by the
commissioner and must contain recommendations regarding the
suitability of the subject of the study to be an adoptive
parent. An adoption study report is valid for 12 months
following its date of completion.
Subd. 3. [BACKGROUND CHECK; AFFIDAVIT OF HISTORY.] A (a)
At the time an adoption study is commenced, each prospective
adoptive parent seeking a study under this section must:
(1) authorize access by the agency to any private data
needed to complete the study, must;
(2) provide all addresses at which the prospective adoptive
parent and anyone in the household over the age of 13 has
resided in the previous ten years;
(3) disclose any names used previously other than the name
used at the time of the study,; and
must (4) provide a set of fingerprints, which shall be
forwarded to the bureau of criminal apprehension to facilitate
the criminal conviction background check required under clause
(1) paragraph (b).
(b) When the requirements of paragraph (a) have been met,
the agency shall immediately begin a background check, on each
person over the age of 13 living in the home, consisting, at a
minimum, of the following:
(1) a check of criminal conviction data with the bureau of
criminal apprehension and local law enforcement authorities;
(2) a check for data on substantiated maltreatment of a
child or vulnerable adult and domestic violence data with local
law enforcement and social services agencies and district
courts; and
(3) for those persons under the age of 25, a check of
juvenile court records.
Notwithstanding the provisions of section 260.161, the
bureau of criminal apprehension, local law enforcement and
social services agencies, district courts, and juvenile courts
shall release the requested information to the agency completing
the adoption study.
When paragraph (b) requires checking the data or records of
local law enforcement and social services agencies and district
and juvenile courts, the agency shall check with the law
enforcement and social services agencies and courts whose
jurisdictions cover the addresses under paragraph (a), clause
(2). In the event that the agency is unable to complete any of
the record checks required by paragraph (b), the agency shall
document the fact and the agency's efforts to obtain the
information.
(c) At any time prior to completion of the background check
required under paragraph (b), a prospective adoptive parent may
submit to the agency conducting the study a sworn affidavit
stating whether they or any person residing in the household
have been convicted of a crime. The affidavit shall also state
whether the adoptive parent or any other person residing in the
household is the subject of an open investigation of, or have
been the subject of a substantiated allegation of, child or
vulnerable-adult maltreatment within the past ten years. A
complete description of the crime, open investigation, or
substantiated abuse, and a complete description of any sentence,
treatment, or disposition must be included. The affidavit must
contain an acknowledgment that if, at any time before the
adoption is final, a court receives evidence leading to a
conclusion that a prospective adoptive parent knowingly gave
false information in the affidavit, it shall be determined that
the adoption of the child by the prospective adoptive parent is
not in the best interests of the child.
(d) For the purposes of subdivision 1 and section 259.47,
subdivisions 3 and 6, an adoption study is complete for
placement, even though the background checks required by
paragraph (b) have not been completed, if each prospective
adoptive parent has completed the affidavit allowed by paragraph
(c) and the other requirements of this section have been met.
The background checks required by paragraph (b) must be
completed before an adoption petition is filed. If an adoption
study has been submitted to the court under section 259.47,
subdivision 3 or 6 before the background checks required by
paragraph (b) were complete, an updated adoption study report
which includes the results of the background check must be filed
with the adoption petition. In the event that an agency is
unable to complete any of the records checks required by
paragraph (b), the agency shall submit with the petition to
adopt an affidavit documenting the agency's efforts to complete
the checks.
Subd. 4. [UPDATES TO ADOPTION STUDY; PERIOD OF
VALIDITY.] An agency may update an adoption study and report as
needed, regardless of when the original study and report or most
recent update was completed. An update must be in a format
specified by the commissioner and must verify the continuing
accuracy of the elements of the original report and document any
changes to elements of the original report. An update to a
study and report not originally completed under this section
must ensure that the study and report, as updated, meet the
requirements of this section. An adoption study is valid if the
report has been completed or updated within the previous 12
months.
Sec. 9. Minnesota Statutes 1996, section 259.47,
subdivision 3, is amended to read:
Subd. 3. [PREADOPTIVE CUSTODY ORDER.] (a) Before a child
is placed in a prospective adoptive home by a birth parent or
legal guardian, other than an agency, the placement must be
approved by the district court in the county where the
prospective adoptive parent resides. An order under this
subdivision or subdivision 6 shall state that the prospective
adoptive parent's right to custody of the child is subject to
the birth parent's right to custody until the consents to the
child's adoption become irrevocable. At the time of placement,
prospective adoptive parents must have for the child qualifying
existing coverage as defined in section 62L.02, subdivision 24,
or other similar comprehensive health care coverage. The
prospective adoptive parent must meet the residence requirements
of section 259.22, subdivision 1, and must file with the court
an affidavit of intent to remain a resident of the state for at
least three months after the child is placed in the prospective
adoptive home. The prospective adoptive parent shall file with
the court a notice of intent to file an adoption petition and
submit a written motion seeking an order granting temporary
preadoptive custody. The notice and motion required under this
subdivision may be considered by the court ex parte, without a
hearing. The prospective adoptive parent shall serve a copy of
the notice and motion upon any parent whose consent is required
under section 259.24 or who is named in the affidavit required
under paragraph (b) if that person's mailing address is known.
The motion may be filed up to 60 days before the placement is to
be made and must include:
(1) the adoption study required under section 259.41;
(2) affidavits from the birth parents indicating their
support of the motion, or, if there is no affidavit from the
birth father, an affidavit from the birth mother under paragraph
(b);
(3) an itemized statement of expenses that have been paid
and an estimate of expenses that will be paid by the prospective
adoptive parents to the birth parents, any agency, attorney, or
other party in connection with the prospective adoption;
(4) the name of counsel for each party, if any;
(5) a statement that the birth parents:
(i) have provided the social and medical history required
under section 259.43 to the prospective adoptive parent;
(ii) have received the written statement of their legal
rights and responsibilities under section 259.39; and
(iii) have been notified of their right to receive
counseling under subdivision 4; and
(6) the name of the agency chosen by the adoptive parent to
supervise the adoptive placement and complete the postplacement
adoption study assessment required by section 259.53,
subdivision 9 2.
The court shall review the expense statement submitted
under this subdivision to determine whether payments made or to
be made by the prospective adoptive parent are lawful and in
accordance with section 259.55, subdivision 1.
(b) If the birth mother submits the affidavit required in
paragraph (a), clause (2), but the birth father fails to do so,
the birth mother must submit an additional affidavit that
describes her good faith efforts or efforts made on her behalf
to identify and locate the birth father for purposes of securing
his consent. In the following circumstances the birth mother
may instead submit an affidavit stating on which ground she is
exempt from making efforts to identify and locate the father:
(1) the child was conceived as the result of incest or
rape;
(2) efforts to locate the father by the affiant or anyone
acting on the affiant's behalf could reasonably result in
physical harm to the birth mother or child; or
(3) efforts to locate the father by the affiant or anyone
acting on the affiant's behalf could reasonably result in severe
emotional distress of the birth mother or child.
A court shall consider the motion for temporary preadoptive
custody within 30 days of receiving the motion or by the
anticipated placement date stated in the motion, whichever comes
sooner.
Sec. 10. Minnesota Statutes 1996, section 259.47,
subdivision 6, is amended to read:
Subd. 6. [EMERGENCY ORDER.] (a) A court may issue an
emergency order granting temporary preadoptive custody of a
child to a prospective adoptive parent for up to 14 days if the
following conditions are met:.
(1) the motion is The prospective adoptive parent shall
submit a written motion to the court. The motion must be
supported by:
(1) affidavits from the prospective adoptive parents and
birth parents indicating that an emergency order is needed
because of the unexpected premature birth of the child or other
specifically described extraordinary circumstances which
prevented the completion of the requirements of subdivision 3;
(2) the information required by subdivision 3, paragraph
(a), clauses (2) and (5), items (ii) and (iii); and
(3) either:
(i) a completed adoption study report which meets the
requirements of section 259.41; or
(ii) the affidavits from each prospective adoptive parent
stating whether they or any person residing in the household
have been convicted of a crime or are the subject of an open
investigation of, or have been the subject of a substantiated
allegation of, child or vulnerable-adult abuse within the past
ten years. If so, a complete description of the crime, open
investigation, or substantiated abuse and a complete description
of any sentence, treatment, or disposition must be included.
If, at any time before the adoption is final, a court receives
evidence leading it to conclude that a prospective adoptive
parent knowingly gave false information in this affidavit, it
shall be presumed that the placement of the child with the
adoptive parent is not in the best interests of the child; and
(iii) the information required by subdivision 3, paragraph
(a), clauses (2), and (5), items (ii) and (iii); and
(iv) affidavits from the prospective adoptive parent and
birth parent indicating that an emergency order is needed
because of the unexpected premature birth of the child or other
specifically described extraordinary circumstances which
prevented the completion of the requirements of this section;
and allowed by section 259.41, subdivision 3, paragraph (c).
(2) The court shall issue the emergency order if it
concludes from the record submitted that the emergency order
will preserve not compromise the health and or safety of the
child.
(b) An order granting or denying the motion shall be issued
under this section within 24 hours of the time it is brought.
Notwithstanding section 259.23, any judge of district court may
consider a motion brought under this subdivision. An order
granting the motion shall direct that an adoption study be
commenced immediately, if that has not occurred, and that the
agency conducting the study shall supervise the emergency
placement.
(c) An emergency order under this subdivision expires 14
days after it is issued. If the requirements of subdivision 3
are completed and a preadoptive custody motion is filed on or
before the expiration of the emergency order, placement may
continue until the court rules on the motion. The court shall
consider the preadoptive custody motion within seven days of
filing.
Sec. 11. Minnesota Statutes 1996, section 259.47,
subdivision 7, is amended to read:
Subd. 7. [CONSENT; TIME FRAME; HEARING; VENUE;
COMMISSIONER'S FORM.] Not sooner than 72 hours after the birth
of a child and not later than 60 days after the child's
placement in a prospective adoptive home under this section, a
person whose consent is required under section 259.24 shall
execute a consent. A birth parent, whose consent is required
under section 259.24 and who has chosen not to receive
counseling through a licensed agency or a licensed social
services professional trained in adoption issues, shall appear
before a judge or judicial officer to sign the written consent
to the child's adoption by the prospective adoptive parent who
has temporary preadoptive custody of the child. Notwithstanding
where the prospective adoptive parent resides, the consent
hearing may be held in any county in this state where the birth
parent is found. If a consent hearing is held in a county other
than where the prospective adoptive parent resides, the court
shall forward the executed consent to the district court in the
county where the prospective adoptive parent resides. If a
birth parent has chosen to receive counseling through a licensed
agency or a licensed social services professional trained in
adoption issues, the birth parent may choose to execute a
written consent under section 259.24, subdivision 5. A person
whose consent is required under section 259.24, subdivision 2,
may choose to execute consent at a judicial hearing as described
in this section or under the procedures in section 259.24,
subdivision 5.
The consent becomes irrevocable on the tenth working day
after it is given, except that if the consent was obtained by
fraud, proceedings to determine the existence of fraud shall be
governed by section 259.24, subdivision 6a. Until the consent
becomes irrevocable, the child shall be returned to the birth
parent upon request.
The written consent under this subdivision must state that:
(1) the birth parent has had the opportunity to consult
with independent legal counsel at the expense of the prospective
adoptive parent, unless the birth parent knowingly waived the
opportunity;
(2) the birth parent was notified of the right to receive
counseling at the expense of the prospective adoptive parent and
has chosen to exercise or waive that right; and
(3) the birth parent was informed that if the birth parent
withdraws consent, the prospective adoptive parent cannot
require the birth parent to reimburse any costs the prospective
adoptive parent has incurred in connection with the adoption,
including payments made to or on behalf of the birth parent.
If a birth parent has chosen to have legal counsel, the
attorney must be present at the execution of consents. If a
birth parent waives counsel, the written waiver must be filed
with the consent under this subdivision.
The consent signed under this subdivision must be on a form
prepared by the commissioner and made available to agencies and
court administrators for public distribution.
Sec. 12. Minnesota Statutes 1996, section 259.47,
subdivision 8, is amended to read:
Subd. 8. [NOTICE AND CONSENT DEADLINE; CONSENT HEARING;
BIRTH PARENT NOT APPEARING FAILURE TO EXECUTE CONSENTS.] (a)
With the exception of cases where a person who receives notice
under paragraph (b) section 259.24, subdivision 2a, if a birth
parent whose consent is required under section 259.24 does
not appear at a consent hearing under this section execute a
consent by the end of the period specified in section 259.24,
subdivision 2a, the agency which is supervising the placement
shall notify the court and the court shall issue an order
regarding continued placement of the child. The court shall
order the local social services agency to determine whether to
commence proceedings for termination of parental rights on
grounds of abandonment as defined in section 260.221. The court
may disregard the six- and 12-month requirements of section
260.221, paragraph (b), clause (1), item (i), in finding
abandonment if the birth parent has failed to execute a consent
within the time required under this section and has made no
effort to obtain custody of the child.
(b) A birth parent who intends to consent to the adoption
of a child shall notify the other birth parent of that fact if
the other birth parent's consent to the adoption is required
under section 259.24, subdivision 1, at the time of placement.
Notice shall be provided to the other birth parent by personal
service in the manner provided in the rules of civil procedure
for service of a summons and complaint within 72 hours of the
date on which the child is placed. The notice shall inform the
birth parent of the notifying birth parent's intent regarding
consent to adoption and shall notify the receiving birth parent
that, not later than 60 days after the date of service, the
birth parent must either consent or refuse to consent to the
adoption. On the 61st day following service of the notice
required under this subdivision, a birth parent who fails to
take either of these actions, is deemed to have consented to the
child's adoption regarding the child.
Sec. 13. Minnesota Statutes 1996, section 259.47,
subdivision 10, is amended to read:
Subd. 10. [RECORDS.] All records filed with the court
In any adoption completed according to a direct adoptive
placement under this section, a record, consisting of the
adoption study report and updates required by section 259.41;
the birth parent history required by section 259.43; the
original birth certificate; and the hospital discharge form,
must be permanently maintained by the agency which completed the
adoption study supervised the placement. The birth parents,
adoptive parents, or their representatives shall provide copies
of these documents to the agency upon request. Notwithstanding
the provisions of section 259.61, an agency shall, upon request,
be given any court records needed to provide postadoption
services pursuant according to section 259.83 at the request of
adoptive parents, birth parents, or adopted individuals age 19
or older.
Sec. 14. Minnesota Statutes 1996, section 259.53,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE TO COMMISSIONER; COUNTY DUTIES
REFERRAL FOR POSTPLACEMENT ASSESSMENT.] (a) Upon the filing of a
petition for adoption of a child the court administrator shall
immediately transmit a copy of the petition to the commissioner
of human services. and the local social services agency of the
county in which the prospective adoptive parent lives. Except
as provided in subdivision 2, the local social services agency
shall verify the allegations of the petition, investigate the
conditions and antecedents of the child for the purpose of
ascertaining whether the child is a proper subject for adoption,
whether the proposed adoptive home and the child are suited to
each other and whether the proposed adoption meets the
preferences described in section 259.57, subdivision 2. The
report of the local social services agency shall be
confidential, and the records of the local social services
agency or the contents of them shall not be disclosed either
directly or indirectly to any person other than the commissioner
of human services or a judge of the court having jurisdiction of
the matter. Within 90 days after the receipt of the copy of the
petition the local social services agency shall submit to the
court and the commissioner a full report in writing with
recommendations as to the granting of the petition. If the
report is not returned within the 90 days, without fault of
petitioner, the court may hear the petition upon giving the
local social services agency five days notice by mail of the
time and place of the hearing. If the report disapproves of the
adoption of the child, the local social services agency may
recommend that the court dismiss the petition.
(b) The court shall immediately refer the petition to the
agency specified below for completion of a postplacement
assessment and report as required by subdivision 2.
(1) If the child to be adopted has been committed to the
guardianship of the commissioner or an agency under section
260.241 or an agency has been given authority to place the child
under section 259.25, the court shall refer the petition to that
agency, unless another agency is supervising the placement, in
which case the court shall refer the petition to the supervising
agency.
(2) If the child to be adopted has been placed in the
petitioner's home by a direct adoptive placement, the court
shall refer the petition to the agency supervising the placement
under section 259.47, subdivision 3, paragraph (a), clause (6).
(3) If the child is to be adopted by an individual who is
related to the child as defined by section 245A.02, subdivision
13, and in all other instances not described in clause (1) or
(2), the court shall refer the petition to the local social
services agency of the county in which the prospective adoptive
parent lives.
Sec. 15. Minnesota Statutes 1996, section 259.53,
subdivision 2, is amended to read:
Subd. 2. [ADOPTION AGENCIES; POSTPLACEMENT ASSESSMENT AND
REPORT.] Notwithstanding the provisions of subdivision 1, if the
child to be adopted has been committed to the guardianship of an
agency pursuant to section 260.241, or if the child has been
surrendered to an agency pursuant to section 259.25, or the
child's direct adoptive placement is being supervised by an
agency pursuant to section 259.47 the court shall refer the
adoption petition to the agency, or, if the adopting parent has
a stepparent relationship to the child, to the local social
services agency of the county in which the adoption is pending.
(a) The agency or local social services agency, within 90
days of receipt of a copy of the adoption petition, to which the
petition has been referred under subdivision 1 shall conduct a
postplacement assessment and file a report with the court a
within 90 days of receipt of a copy of the adoption petition.
The agency shall send a copy of the report to the commissioner
at the time it files the report with the court. The assessment
and report of its investigation of must evaluate the environment
and antecedents of the child to be adopted and of, the home of
the petitioners, and its determination whether the home of
placement with the petitioners meets the preferences needs of
the child as described in section 259.57, subdivision 2. The
report must include a recommendation to the court as to whether
the petition should or should not be granted.
In making evaluations and recommendations, the
postplacement assessment and report must, at a minimum, address
the following:
(1) the level of adaptation by the prospective adoptive
parents to parenting the child;
(2) the health and well-being of the child in the
prospective adoptive parents' home;
(3) the level of incorporation by the child into the
prospective adoptive parents' home, extended family, and
community; and
(4) the level of inclusion of the child's previous history
into the prospective adoptive home, such as cultural or ethnic
practices, or contact with former foster parents or biological
relatives. If the report disapproves of the adoption of the
child, the agency or local social services agency may recommend
that the court dismiss the petition. In the case of a direct
adoptive placement under section 259.47, a postplacement
adoption study completed under section 259.47, subdivision 9,
shall be considered as meeting the requirement for a report
under this section.
(b) A postplacement adoption report is valid for 12 months
following its date of completion.
(c) If the petitioner is an individual who is related to
the child, as defined by section 245A.02, subdivision 13, the
agency, as part of its postplacement assessment and report under
paragraph (a), shall conduct a background check meeting the
requirements of section 259.41, subdivision 3, paragraph (b).
The prospective adoptive parent shall cooperate in the
completion of the background check by supplying the information
and authorizations described in section 259.41, subdivision 3,
paragraph (a).
(d) If the report recommends that the court not grant the
petition to adopt the child, the provisions of this paragraph
apply. Unless the assessment and report were completed by the
local social services agency, the agency completing the report,
at the time it files the report with the court under paragraph
(a), must provide a copy of the report to the local social
services agency in the county where the prospective adoptive
parent lives. The agency or local social services agency may
recommend that the court dismiss the petition. If the local
social services agency determines that continued placement in
the home endangers the child's physical or emotional health, the
agency shall seek a court order to remove the child from the
home.
(e) If, through no fault of the petitioner, the agency to
whom the petition was referred under subdivision 1, paragraph
(b), fails to complete the assessment and file the report within
90 days of the date it received a copy of the adoption petition,
the court may hear the petition upon giving the agency and the
local social services agency, if different, five days notice by
mail of the time and place of the hearing.
Sec. 16. Minnesota Statutes 1996, section 259.55,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZED PAYMENTS.] In any adoption
under this chapter, a prospective adoptive parent or anyone
acting in concert with, at the direction of, or on behalf of a
prospective adoptive parent may pay only the following expenses
of the birth parent:
(1) reasonable counseling, medical, and legal fees, which
shall be paid directly to the provider of the service;
(2) reasonable expenses for transportation, meals, and
lodging incurred for placement of the child or in order to
receive counseling, legal, or medical services related to the
pregnancy, birth, or placement;
(3) reasonable expenses for adoption services provided by
an agency at the request of the birth parent, which shall be
paid directly to the agency; and
(4)(i) reasonable living expenses of the birth mother which
are needed to maintain an adequate standard of living which the
birth mother is unable to otherwise maintain because of loss of
income or other support resulting from the pregnancy.
(i) The payments may cover expenses incurred during the
pregnancy-related incapacity but not for a period longer than
six weeks following delivery, unless the court determines within
the six-week period that the birth mother is unable to be
employed due to physical limitations relating to the birth of
the child;
(ii) the payment shall not be contingent upon placement of
the child for adoption, consent to adoption, or cooperation in
the completion of the adoption; and
(iii) reasonable living expenses does not include expenses
for lost wages, gifts, educational expenses, or other similar
expenses of the birth mother.
Sec. 17. Minnesota Statutes 1996, section 259.59,
subdivision 1, is amended to read:
Subdivision 1. Upon adoption, the child shall become the
legal child of the adopting persons and they shall become the
legal parents of the child with all the rights and duties
between them of birth parents and legitimate child. By virtue
of the adoption the child shall inherit from the adoptive
parents or their relatives the same as though the child were the
natural child of the parents, and in case of the child's death
intestate the adoptive parents and their relatives shall inherit
the child's estate as if they had been the child's birth parents
and relatives. After a decree of adoption is entered the birth
parents of an adopted child shall be relieved of all parental
responsibilities for the child, and they shall not exercise or
have any rights over the adopted child or the child's property.
The child shall not owe the birth parents or their relatives any
legal duty nor shall the child inherit from the birth parents or
kindred, except as provided in subdivision 1a and section
257.022, subdivision 3a.
Sec. 18. [259.60] [INTERCOUNTRY ADOPTIONS; OBTAINING
AMENDED BIRTH CERTIFICATE.]
Subdivision 1. [VALIDITY OF INTERCOUNTRY ADOPTION.] The
adoption of a child by a resident of this state under the laws
of a foreign country is valid and binding under the laws of this
state if the validity of the foreign adoption has been verified
by the granting of an IR-3 visa for the child by the United
States Immigration and Naturalization Service.
Subd. 2. [AMENDED BIRTH CERTIFICATE; PROCEDURE AND
ORDER.] (a) Under the procedures in paragraph (b), a person,
whose adoption of a child under the laws of a foreign country is
valid in this state under subdivision 1, may petition the
district court in the county where the adoptive parent resides
for a decree confirming and recognizing the adoption and for a
new birth certificate for the child.
(b) A court shall issue the decree and birth certificate
upon receipt of the following documents:
(1) a petition by the adoptive parent requesting that the
court issue a Minnesota birth certificate, and stating that the
adoptive parent completed adoption of the child under the laws
of a foreign country and that the adoption is valid in this
state under subdivision 1. The petition must be in the form of
a signed, sworn, and notarized statement;
(2) a copy of the child's original birth certificate, if
available;
(3) a copy of the final adoption certificate or equivalent
as issued by the foreign jurisdiction;
(4) a copy of the child's passport including the United
States visa indicating IR-3 immigration status; and
(5) certified English translations of any of the documents
in clauses (2) to (4) that are not written in the English
language.
Sec. 19. Minnesota Statutes 1996, section 259.61, is
amended to read:
259.61 [HEARINGS, CONFIDENTIAL.]
All hearings held in proceedings under sections 259.21 to
259.63 shall be confidential and shall be held in closed court
without admittance of any persons other than the petitioners,
their witnesses, the commissioner of human services or an
agency, or their authorized representatives, attorneys, and
persons entitled to notice by sections 259.21 to 259.63, except
by order of the court. The files and records of the court in
adoption proceedings shall not be open to inspection by any
person except the commissioner of human services or the
commissioner's representatives, an agency acting under section
259.47, subdivision 10, or upon an order of the court expressly
so permitting pursuant to a petition setting forth the reasons
therefor. In a stepparent adoption, upon receiving a written
request from a parent whose parental rights would be or have
been severed by the adoption under section 259.59, the court or
the commissioner may confirm in writing whether or not an
adoption decree has been granted and, if so, the date of the
adoption decree.
Sec. 20. Minnesota Statutes 1996, section 259.67,
subdivision 7, is amended to read:
Subd. 7. [REIMBURSEMENT OF COSTS.] (a) Subject to rules of
the commissioner, and the provisions of this subdivision a
Minnesota-licensed child-placing agency or county local social
service services agency shall receive a reimbursement from the
commissioner equal to 100 percent of the reasonable and
appropriate cost of providing adoption services for a child
certified as eligible for adoption assistance. Such assistance
may include adoptive family recruitment, counseling, and special
training when needed. A Minnesota-licensed child-placing agency
shall receive reimbursement for adoption services it purchases
for or directly provides to an eligible child. A county local
social service services agency shall receive such reimbursement
only for adoption services it purchases for an eligible child.
(b) A Minnesota-licensed child-placing agency or county
local social service services agency seeking reimbursement under
this subdivision shall enter into a reimbursement agreement with
the commissioner before providing adoption services for which
reimbursement is sought. No reimbursement under this
subdivision shall be made to an agency for services provided
prior to entering a reimbursement agreement. Separate
reimbursement agreements shall be made for each child and
separate records shall be kept on each child for whom a
reimbursement agreement is made. Funds encumbered and obligated
under such an agreement for the child remain available until the
terms of the agreement are fulfilled or the agreement is
terminated.
(c) When a local social services agency uses a purchase of
service agreement to provide services reimbursable under a
reimbursement agreement, the commissioner may make reimbursement
payments directly to the agency providing the service if direct
reimbursement is specified by the purchase of service agreement,
and if the request for reimbursement is submitted by the local
social services agency along with a verification that the
service was provided.
Sec. 21. [259.78] [GRANDPARENT VISITATION.]
Grandparent visitation with an adopted child is governed by
section 257.022.
Sec. 22. Minnesota Statutes 1996, section 259.79,
subdivision 3, is amended to read:
Subd. 3. [RETENTION; RECORDS MADE PUBLIC.] All adoption
records shall be retained on a permanent basis under a protected
record system which ensures confidentiality and lasting
preservation. All adoption records shall become public records
on the 100th anniversary of the granting of the adoption decree.
Sec. 23. Minnesota Statutes 1996, section 259.83,
subdivision 3, is amended to read:
Subd. 3. [IDENTIFYING INFORMATION.] In agency adoptive
placements made on and after August 1, 1982, the agency
responsible for or supervising the placement shall obtain from
the birth parents named on the original birth certificate an
affidavit attesting to the following:
(a) That the birth parent has been informed of the right of
the adopted person at the age specified in section 259.89 to
request from the agency the name, last known address, birthdate
and birthplace of the birth parents named on the adopted
person's original birth certificate;
(b) That each birth parent may file in the agency record an
affidavit objecting to the release of any or all of the
information listed in clause (a) about that birth parent, and
that parent only, to the adopted person;
(c) That if the birth parent does not file an affidavit
objecting to release of information before the adopted person
reaches the age specified in section 259.89, the agency will
provide the adopted person with the information upon request;
(d) That notwithstanding the filing of an affidavit, the
adopted person may petition the court pursuant according to
section 259.61 for release of identifying information about a
birth parent;
(e) That the birth parent shall then have the opportunity
to present evidence to the court that nondisclosure of
identifying information is of greater benefit to the birth
parent than disclosure to the adopted person; and
(f) That any objection filed by the birth parent shall
become invalid when withdrawn by the birth parent or when the
birth parent dies. Upon receipt of a death certificate for the
birth parent, the agency shall release the identifying
information to the adopted person if requested.
Sec. 24. [REPEALER.]
Minnesota Statutes 1996, section 259.47, subdivision 9, is
repealed.
Presented to the governor May 17, 1997
Signed by the governor May 19, 1997, 7:16 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes