Bill Text: MN HF252 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Indian child placement proceedings modified.
Sponsorship: Slight Partisan Bill (Democrat 6-2)
Status: (Introduced - Dead) 2013-05-03 - HF indefinitely postponed [HF252 Detail]
Download: Minnesota-2013-HF252-Engrossed.html
1.2relating to family law; adoption; modifying certain child placement proceedings;
1.3amending Minnesota Statutes 2012, section 260.771, subdivision 3.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 260.771, subdivision 3, is amended to read:
1.6 Subd. 3. Transfer of proceedings. (a) In a proceeding for (1) the termination of
1.7parental rights or, (2) the involuntary foster care placement of an Indian child not within
1.8the jurisdiction of subdivision 1, the court, in the absence of good cause to the contrary,
1.9shall transfer the proceeding to the jurisdiction of the tribe absent objection by either
1.10parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe.
1.11The transfer shall be subject to declination by the tribal court of such tribe.
1.12(b) In a proceeding for the preadoptive or adoptive placement of an Indian child not
1.13within the jurisdiction of subdivision 1, the court, in the absence of good cause to the
1.14contrary, shall transfer the proceeding to the jurisdiction of the tribe. The transfer shall be
1.15subject to declination by the tribal court of such tribe. For the purposes of this subdivision,
1.16"preadoptive placement" and "adoptive placement" have the meanings given in section
1.17260.755, subdivision 3.
1.3amending Minnesota Statutes 2012, section 260.771, subdivision 3.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 260.771, subdivision 3, is amended to read:
1.6 Subd. 3. Transfer of proceedings. (a) In a proceeding for (1) the termination of
1.7parental rights or, (2) the involuntary foster care placement of an Indian child not within
1.8the jurisdiction of subdivision 1, the court, in the absence of good cause to the contrary,
1.9shall transfer the proceeding to the jurisdiction of the tribe absent objection by either
1.10parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe.
1.11The transfer shall be subject to declination by the tribal court of such tribe.
1.12(b) In a proceeding for the preadoptive or adoptive placement of an Indian child not
1.13within the jurisdiction of subdivision 1, the court, in the absence of good cause to the
1.14contrary, shall transfer the proceeding to the jurisdiction of the tribe. The transfer shall be
1.15subject to declination by the tribal court of such tribe. For the purposes of this subdivision,
1.16"preadoptive placement" and "adoptive placement" have the meanings given in section
1.17260.755, subdivision 3.
