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Key: (1) language to be deleted (2) new language

CHAPTER 65--S.F.No. 250

An act

relating to family law; adoption; modifying certain child placement proceedings;

amending Minnesota Statutes 2012, section 260.771, subdivision 3.

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

Section 1.

Minnesota Statutes 2012, section 260.771, subdivision 3, is amended to read:

Subd. 3.

Transfer of proceedings.

new text begin (a) new text end In a proceeding fornew text begin : (1) new text end the termination of parental rightsnew text begin ;new text end or new text begin (2) the new text end involuntary foster care placement of an Indian child not within the jurisdiction of subdivision 1, the court, in the absence of good cause to the contrary, shall transfer the proceeding to the jurisdiction of the tribe absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe. The transfer deleted text begin shall bedeleted text end new text begin is new text end subject to declination by the tribal court of deleted text begin suchdeleted text end new text begin the new text end tribe.

new text begin (b) In a proceeding for the preadoptive or adoptive placement of an Indian child not within the jurisdiction of subdivision 1, the court, in the absence of good cause to the contrary, shall transfer the proceeding to the jurisdiction of the tribe. The transfer is subject to declination by the tribal court of the tribe. For the purposes of this subdivision, "preadoptive placement" and "adoptive placement" have the meanings give in section 260.755, subdivision 3. new text end

Presented to the governor May 13, 2013

Signed by the governor May 16, 2013, 5:34 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes