Bill Text: MN HF749 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Family Reunification Act of 2011 created.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-17 - House rule 1.21, placed on Calendar for the Day [HF749 Detail]
Download: Minnesota-2011-HF749-Engrossed.html
1.2relating to children; creating the Family Reunification Act of 2012; amending
1.3Minnesota Statutes 2010, section 260C.101, subdivision 2; proposing coding for
1.4new law in Minnesota Statutes, chapter 260C.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to
1.7read:
1.8 Subd. 2. Other matters relating to children. Except as provided in clause (4), the
1.9juvenile court has original and exclusive jurisdiction in proceedings concerning:
1.10 (1) the termination of parental rights to a child in accordance with the provisions of
1.11sections260C.301 to
260C.328 ;
1.12 (2) the appointment and removal of a juvenile court guardian for a child, where
1.13parental rights have been terminated under the provisions of sections260C.301 to
1.14260C.328
;
1.15 (3) judicial consent to the marriage of a child when required by law;
1.16 (4) the juvenile court in those counties in which the judge of the probate-juvenile
1.17court has been admitted to the practice of law in this state shall proceed under the laws
1.18relating to adoptions in all adoption matters. In those counties in which the judge of the
1.19probate-juvenile court has not been admitted to the practice of law in this state the district
1.20court shall proceed under the laws relating to adoptions in all adoption matters;
1.21 (5) the review of the placement of a child who is in foster care pursuant to a
1.22voluntary placement agreement between the child's parent or parents and the responsible
1.23social services agency under section260C.212, subdivision 8 ;
2.1 (6) the review of voluntary foster care placement of a child for treatment under
2.2chapter 260D according to the review requirements of that chapter; and
2.3(7) the reestablishment of a legal parent and child relationship under section
2.4260C.329.
2.5 Sec. 2. [260C.329] REESTABLISHMENT OF THE LEGAL PARENT AND
2.6CHILD RELATIONSHIP.
2.7 Subdivision 1. Citation. This section may be cited as the "Family Reunification
2.8Act of 2012."
2.9 Subd. 2. Definitions. (a) As used in this section, the following terms have the
2.10meanings given.
2.11(b) "Eligible child" means a minor who is:
2.12(1) at least ten years of age;
2.13(2) younger than ten years of age, provided that a sibling who is at least ten years
2.14of age is a party to the proceeding involving the reestablishment of the legal parent and
2.15child relationship;
2.16(3) younger than ten years of age only if the county attorney and the responsible
2.17social services agency agree; or
2.18(4) an Indian child, as that term is defined in section 260C.007, subdivision 21.
2.19(c) "Reestablishment of the legal parent and child relationship" means the physical
2.20reunification of a child and a previously terminated birth parent and restoration of all
2.21rights, powers, privileges, immunities, duties, and obligations that were severed and
2.22terminated by the court under section 260C.317.
2.23 Subd. 3. Process for minors; who may motion. (a) Any of the following parties
2.24may bring a motion for reestablishment of the legal parent and child relationship:
2.25(1) an eligible child who is the subject of a guardianship and transfer of legal
2.26custody order under section 260C.325;
2.27(2) a parent of an eligible child whose parental rights have been terminated under
2.28section 260C.317, other than a parent:
2.29(i) whose parental rights were terminated based on a finding in a legal proceeding of
2.30sexual abuse or conduct that resulted in the death of a minor; or
2.31(ii) who has been convicted of any crime enumerated under section 260C.007,
2.32subdivision 14;
2.33(3) the eligible child's guardian ad litem;
2.34(4) the tribe of an eligible Indian child; or
2.35(5) the responsible social services agency for an eligible child.
3.1(b) A motion for reestablishment of the legal parent and child relationship may
3.2not be brought:
3.3(1) if a prior motion for reestablishment of the legal parent and child relationship has
3.4been brought within the previous two years;
3.5(2) if fewer than 36 months have elapsed since a final order terminating parental
3.6rights and freeing the eligible child for adoption and the child remains in foster care;
3.7(3) if the eligible child has been adopted, at least one adoptive parent is living, and
3.8that adoptive parent's parental rights have not been voluntarily or involuntarily terminated;
3.9(4) if the eligible child is the subject of a written adoption placement agreement
3.10between the responsible social services agency and the prospective adoptive parent, as
3.11required under Minnesota Rules, part 9560.0060, subpart 2; or
3.12(5) by any party other than the eligible child, if a motion for reestablishment of the
3.13legal parent and child relationship has been brought at any previous time and the child did
3.14not agree to the reestablishment.
3.15 Subd. 4. Process for minors; timing, jurisdiction, and content of motion. The
3.16motion for reestablishment of the legal parent and child relationship must:
3.17(1) be brought before the eligible child's 18th birthday;
3.18(2) be brought before the court that issued the order for guardianship and legal
3.19custody and conducts the reviews required under section 260C.317, subdivision 3,
3.20paragraph (b) or (c);
3.21(3) state the factual basis for the request for reestablishment of the legal parent and
3.22child relationship;
3.23(4) contain the names, addresses, telephone numbers, and other contact information
3.24for any person or agency entitled under this section to notice of the motion; and
3.25(5) contain or attach documentary evidence showing the basis for reestablishment
3.26of the legal parent and child relationship.
3.27 Subd. 5. Process for minors; service on parties of motion. The motion for
3.28reestablishment of the legal parent and child relationship and notice of hearing on the
3.29motion must be served on:
3.30(1) the eligible child's foster parent; and
3.31(2) all persons or entities having standing to bring a motion under this section,
3.32provided that a parent whose rights have been terminated and who is not the subject of the
3.33motion is not entitled to notice of the hearing.
3.34 Subd. 6. Process for minors; preliminary hearing on motion. (a) A preliminary
3.35hearing on the motion must be conducted during a regularly scheduled review hearing.
3.36(b) The court must determine whether the motion states a prima facie case that:
4.1(1) the parent is fit to safely provide the day-to-day care of the eligible child, which
4.2includes meeting the child's developmental and emotional needs, and can plan and provide
4.3for the child's long-term needs; and
4.4(2) the conditions that led to either an adjudication that the eligible child was in need
4.5of protection or services or to an order terminating parental rights have been corrected
4.6or ameliorated.
4.7(c) The person filing the motion has the burden of proof. The court may not shift the
4.8burden to any other party.
4.9(d) The court must deny the motion and the matter may not proceed with the
4.10evidentiary hearing if the court finds that the motion does not state the prima facie case
4.11required under paragraph (b).
4.12 Subd. 7. Process for minors; guardian ad litem report; opportunity for minor
4.13testimony. (a) The responsible social services agency and the child's guardian ad litem,
4.14unless a moving party, must file with the court the report required under the Minnesota
4.15Rules of Juvenile Protection for hearings conducted under section 260C.317, subdivision
4.163, paragraphs (b) and (c), at least five days prior to the hearing. The report must support or
4.17oppose the motion for reestablishment of the legal parent and child relationship, and must
4.18include the facts and evidence upon which support or opposition is based. The responsible
4.19social services agency's report must include an assessment of whether the parent's home
4.20constitutes a safe environment for the eligible child.
4.21(b) Prior to the evidentiary hearing as provided in subdivision 8, the court may
4.22accept testimony voluntarily offered by an eligible child who is the petitioner or subject
4.23of the petition. The testimony may be provided informally under section 260C.163,
4.24subdivision 6.
4.25 Subd. 8. Process for minors; evidentiary hearing. The court may grant the motion
4.26ordering reestablishment of the legal parent and child relationship between the child and a
4.27parent who had a previous legal relationship if:
4.28(1) the eligible child is not currently the legal child of an adoptive parent who is
4.29living;
4.30(2) the eligible child is not the subject of a written adoption placement agreement
4.31between the responsible social services agency and the prospective adoptive parent, as
4.32required under Minnesota Rules, part 9560.0060, subpart 2;
4.33(3) at least 36 months have elapsed following a final order terminating parental
4.34rights and freeing the child for adoption and the child remains in foster care; and
5.1(4) the court makes detailed and individualized findings that there is clear and
5.2convincing evidence that reestablishment of the legal parent and child relationship is in
5.3the child's best interests including:
5.4(i) that the conditions that led to either an adjudication that the eligible child was in
5.5need of protection or services or an order terminating parental rights have been corrected
5.6or ameliorated;
5.7(ii) that there is agreement by the eligible child to reestablishment of the legal parent
5.8and child relationship;
5.9(iii) that reestablishment of the legal parent and child relationship achieves the
5.10physical reunification of the parent and eligible child as a family unit;
5.11(iv) that the parent is presently fit to safely maintain the day-to-day care of the
5.12eligible child; and
5.13(v) any other factor the court considers relevant to the best interests of the eligible
5.14child, including the legal and actual effect reestablishment of the legal parent and child
5.15relationship will have on the child's relationship with the child's siblings, especially
5.16siblings in the same foster home as the child.
5.17In making the determination of whether to grant the motion ordering reestablishment
5.18of the legal parent and child relationship, the court must consider as the paramount
5.19determinant whether the order is in the eligible child's best interests.
5.20 Subd. 9. Process for minors; service of order. The court administrator must serve:
5.21(1) a copy of the final court order granting or denying the motion for reestablishment
5.22of the legal parent and child relationship on all persons or entities entitled under
5.23subdivision 5 to bring a motion for reestablishment; and
5.24(2) a certified copy of any order for reestablishment of the legal parent and child
5.25relationship on the commissioner of human services.
5.26 Subd. 10. Process for persons over 18 years of age. (a) Notwithstanding
5.27subdivision 4, the following parties may bring a motion for reestablishment of the legal
5.28parent and child relationship:
5.29(1) a person at least 18 years of age who was the subject of a guardianship and
5.30transfer of legal custody order under section 260C.325 and who is not currently the legal
5.31child of an adoptive parent who is living; or
5.32(2) a parent whose rights have been terminated under section 260C.317 regarding
5.33the person described in clause (1).
5.34(b) The motion must be filed in the county and before the court that issued the order
5.35terminating parental rights, and must contain:
6.1(1) a statement that the person and the parent whose rights have been terminated
6.2both agree to reestablishment of the legal parent and child relationship;
6.3(2) a statement that both the person and the parent whose rights have been terminated
6.4are competent to agree to reestablishment of the legal parent and child relationship;
6.5(3) the facts showing that it is in the person's interest to reestablish the legal parent
6.6and child relationship; and
6.7(4) the names and addresses of any natural person or agency entitled to notice of
6.8the motion under paragraph (c).
6.9(c) The court must set a time for hearing the motion, and serve notice of the time
6.10of the hearing together with a copy of the motion upon:
6.11(1) the person whose legal relationship with the parent would be reestablished;
6.12(2) the previously terminated birth parent who is the movant or the subject of the
6.13person's motion;
6.14(3) any guardian, as that term is defined under section 524.1-201;
6.15(4) the responsible social services agency if the person had been under guardianship
6.16of the commissioner and remains in foster care under the legal responsibility of the agency;
6.17(5) the person's foster parent if the person had been under the guardianship of the
6.18commissioner and remains in foster care under the legal responsibility of the agency; and
6.19(6) if the person is an Indian, the person's tribe.
6.20(d) Upon motion and hearing, the court must grant the motion ordering the
6.21reestablishment of the legal parent and child relationship if:
6.22(1) the person understands and agrees to the order, provided that the agreement of
6.23the person is invalid if the person is either considered to be a vulnerable adult under
6.24section 626.5572, subdivision 21, or determined not to be competent to give consent;
6.25(2) the person, if under age 21, has been informed by the court and understands that
6.26reestablishment of the parent and child relationship terminates any entitlement to benefits
6.27otherwise available to a child in foster care;
6.28(3) the person's previously terminated birth parent agrees to the order;
6.29(4) the person has not been adopted; and
6.30(5) if the person has been or currently is under guardianship, the court finds that
6.31order to be in the best interests of the person.
6.32(e) The order granting or denying the motion for reestablishment of the legal parent
6.33and child relationship must be served on:
6.34(1) the person;
6.35(2) the previously terminated birth parent;
6.36(3) any guardian, as that term is defined under section 524.1-201;
7.1(4) the responsible social services agency if the former ward continues in foster
7.2care; and
7.3(5) if applicable, the person's tribe.
7.4 Subd. 11. No right to appointed counsel. A motion for reestablishment of the legal
7.5parent and child relationship made under this chapter does not provide a right to the
7.6appointment of counsel to the parent under section 260C.163, subdivision 3, or the Rules
7.7of Juvenile Protection Procedure, rule 25.02, subdivision 2. Nothing in this subdivision
7.8affects the representation of a child with appointed counsel under subdivision 2 or 3.
7.9 Subd. 12. Effect of order. (a) As of the effective date of a court order providing
7.10reestablishment of the legal parent and child relationship:
7.11(1) the child or person is the legal child of the parent;
7.12(2) the parent whose rights were terminated under a previous order of the court as the
7.13legal parent of the child or person is the legal parent of the child or person and all rights,
7.14powers, privileges, immunities, duties, and obligations that were severed and terminated
7.15by the court under section 260C.317 are restored;
7.16(3) if applicable, guardianship and legal custody of the commissioner of human
7.17services is dismissed; and
7.18(4) with respect to a minor child, permanent legal and physical custody of the child
7.19is awarded to the parent.
7.20(b) An order providing reestablishment of the legal parent and child relationship as
7.21to one parent of the child has no effect on:
7.22(1) the legal rights of any other parent whose rights to the child have been terminated
7.23by the court; or
7.24(2) the legal sibling relationship between the child or person and any other children
7.25of the parent.
7.26(c) Where a child is a minor, the reestablishment of the legal parent and child
7.27relationship:
7.28(1) removes the presumption of palpable unfitness under section 260C.301,
7.29subdivision 1, paragraph (b), clause (4), that otherwise would have arisen due to any
7.30involuntary termination of parental rights order and the subsequent birth of another child
7.31of the parent; and
7.32(2) eliminates the requirement that the county attorney file a termination of parental
7.33rights or child in need of protection or services petition due to an involuntary termination
7.34of parental rights order and subsequent birth of a child to the parent that would have
7.35otherwise arisen under section 260C.301, subdivision 3, paragraph (a), and 260C.007,
8.1subdivision 6, paragraph (16), and rebuts the presumption under section 260C.301,
8.2subdivision 1, paragraph (b), clause (4), in the event such a petition is filed.
1.3Minnesota Statutes 2010, section 260C.101, subdivision 2; proposing coding for
1.4new law in Minnesota Statutes, chapter 260C.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to
1.7read:
1.8 Subd. 2. Other matters relating to children. Except as provided in clause (4), the
1.9juvenile court has original and exclusive jurisdiction in proceedings concerning:
1.10 (1) the termination of parental rights to a child in accordance with the provisions of
1.11sections
1.12 (2) the appointment and removal of a juvenile court guardian for a child, where
1.13parental rights have been terminated under the provisions of sections
1.15 (3) judicial consent to the marriage of a child when required by law;
1.16 (4) the juvenile court in those counties in which the judge of the probate-juvenile
1.17court has been admitted to the practice of law in this state shall proceed under the laws
1.18relating to adoptions in all adoption matters. In those counties in which the judge of the
1.19probate-juvenile court has not been admitted to the practice of law in this state the district
1.20court shall proceed under the laws relating to adoptions in all adoption matters;
1.21 (5) the review of the placement of a child who is in foster care pursuant to a
1.22voluntary placement agreement between the child's parent or parents and the responsible
1.23social services agency under section
2.1 (6) the review of voluntary foster care placement of a child for treatment under
2.2chapter 260D according to the review requirements of that chapter; and
2.3(7) the reestablishment of a legal parent and child relationship under section
2.4260C.329.
2.5 Sec. 2. [260C.329] REESTABLISHMENT OF THE LEGAL PARENT AND
2.6CHILD RELATIONSHIP.
2.7 Subdivision 1. Citation. This section may be cited as the "Family Reunification
2.8Act of 2012."
2.9 Subd. 2. Definitions. (a) As used in this section, the following terms have the
2.10meanings given.
2.11(b) "Eligible child" means a minor who is:
2.12(1) at least ten years of age;
2.13(2) younger than ten years of age, provided that a sibling who is at least ten years
2.14of age is a party to the proceeding involving the reestablishment of the legal parent and
2.15child relationship;
2.16(3) younger than ten years of age only if the county attorney and the responsible
2.17social services agency agree; or
2.18(4) an Indian child, as that term is defined in section 260C.007, subdivision 21.
2.19(c) "Reestablishment of the legal parent and child relationship" means the physical
2.20reunification of a child and a previously terminated birth parent and restoration of all
2.21rights, powers, privileges, immunities, duties, and obligations that were severed and
2.22terminated by the court under section 260C.317.
2.23 Subd. 3. Process for minors; who may motion. (a) Any of the following parties
2.24may bring a motion for reestablishment of the legal parent and child relationship:
2.25(1) an eligible child who is the subject of a guardianship and transfer of legal
2.26custody order under section 260C.325;
2.27(2) a parent of an eligible child whose parental rights have been terminated under
2.28section 260C.317, other than a parent:
2.29(i) whose parental rights were terminated based on a finding in a legal proceeding of
2.30sexual abuse or conduct that resulted in the death of a minor; or
2.31(ii) who has been convicted of any crime enumerated under section 260C.007,
2.32subdivision 14;
2.33(3) the eligible child's guardian ad litem;
2.34(4) the tribe of an eligible Indian child; or
2.35(5) the responsible social services agency for an eligible child.
3.1(b) A motion for reestablishment of the legal parent and child relationship may
3.2not be brought:
3.3(1) if a prior motion for reestablishment of the legal parent and child relationship has
3.4been brought within the previous two years;
3.5(2) if fewer than 36 months have elapsed since a final order terminating parental
3.6rights and freeing the eligible child for adoption and the child remains in foster care;
3.7(3) if the eligible child has been adopted, at least one adoptive parent is living, and
3.8that adoptive parent's parental rights have not been voluntarily or involuntarily terminated;
3.9(4) if the eligible child is the subject of a written adoption placement agreement
3.10between the responsible social services agency and the prospective adoptive parent, as
3.11required under Minnesota Rules, part 9560.0060, subpart 2; or
3.12(5) by any party other than the eligible child, if a motion for reestablishment of the
3.13legal parent and child relationship has been brought at any previous time and the child did
3.14not agree to the reestablishment.
3.15 Subd. 4. Process for minors; timing, jurisdiction, and content of motion. The
3.16motion for reestablishment of the legal parent and child relationship must:
3.17(1) be brought before the eligible child's 18th birthday;
3.18(2) be brought before the court that issued the order for guardianship and legal
3.19custody and conducts the reviews required under section 260C.317, subdivision 3,
3.20paragraph (b) or (c);
3.21(3) state the factual basis for the request for reestablishment of the legal parent and
3.22child relationship;
3.23(4) contain the names, addresses, telephone numbers, and other contact information
3.24for any person or agency entitled under this section to notice of the motion; and
3.25(5) contain or attach documentary evidence showing the basis for reestablishment
3.26of the legal parent and child relationship.
3.27 Subd. 5. Process for minors; service on parties of motion. The motion for
3.28reestablishment of the legal parent and child relationship and notice of hearing on the
3.29motion must be served on:
3.30(1) the eligible child's foster parent; and
3.31(2) all persons or entities having standing to bring a motion under this section,
3.32provided that a parent whose rights have been terminated and who is not the subject of the
3.33motion is not entitled to notice of the hearing.
3.34 Subd. 6. Process for minors; preliminary hearing on motion. (a) A preliminary
3.35hearing on the motion must be conducted during a regularly scheduled review hearing.
3.36(b) The court must determine whether the motion states a prima facie case that:
4.1(1) the parent is fit to safely provide the day-to-day care of the eligible child, which
4.2includes meeting the child's developmental and emotional needs, and can plan and provide
4.3for the child's long-term needs; and
4.4(2) the conditions that led to either an adjudication that the eligible child was in need
4.5of protection or services or to an order terminating parental rights have been corrected
4.6or ameliorated.
4.7(c) The person filing the motion has the burden of proof. The court may not shift the
4.8burden to any other party.
4.9(d) The court must deny the motion and the matter may not proceed with the
4.10evidentiary hearing if the court finds that the motion does not state the prima facie case
4.11required under paragraph (b).
4.12 Subd. 7. Process for minors; guardian ad litem report; opportunity for minor
4.13testimony. (a) The responsible social services agency and the child's guardian ad litem,
4.14unless a moving party, must file with the court the report required under the Minnesota
4.15Rules of Juvenile Protection for hearings conducted under section 260C.317, subdivision
4.163, paragraphs (b) and (c), at least five days prior to the hearing. The report must support or
4.17oppose the motion for reestablishment of the legal parent and child relationship, and must
4.18include the facts and evidence upon which support or opposition is based. The responsible
4.19social services agency's report must include an assessment of whether the parent's home
4.20constitutes a safe environment for the eligible child.
4.21(b) Prior to the evidentiary hearing as provided in subdivision 8, the court may
4.22accept testimony voluntarily offered by an eligible child who is the petitioner or subject
4.23of the petition. The testimony may be provided informally under section 260C.163,
4.24subdivision 6.
4.25 Subd. 8. Process for minors; evidentiary hearing. The court may grant the motion
4.26ordering reestablishment of the legal parent and child relationship between the child and a
4.27parent who had a previous legal relationship if:
4.28(1) the eligible child is not currently the legal child of an adoptive parent who is
4.29living;
4.30(2) the eligible child is not the subject of a written adoption placement agreement
4.31between the responsible social services agency and the prospective adoptive parent, as
4.32required under Minnesota Rules, part 9560.0060, subpart 2;
4.33(3) at least 36 months have elapsed following a final order terminating parental
4.34rights and freeing the child for adoption and the child remains in foster care; and
5.1(4) the court makes detailed and individualized findings that there is clear and
5.2convincing evidence that reestablishment of the legal parent and child relationship is in
5.3the child's best interests including:
5.4(i) that the conditions that led to either an adjudication that the eligible child was in
5.5need of protection or services or an order terminating parental rights have been corrected
5.6or ameliorated;
5.7(ii) that there is agreement by the eligible child to reestablishment of the legal parent
5.8and child relationship;
5.9(iii) that reestablishment of the legal parent and child relationship achieves the
5.10physical reunification of the parent and eligible child as a family unit;
5.11(iv) that the parent is presently fit to safely maintain the day-to-day care of the
5.12eligible child; and
5.13(v) any other factor the court considers relevant to the best interests of the eligible
5.14child, including the legal and actual effect reestablishment of the legal parent and child
5.15relationship will have on the child's relationship with the child's siblings, especially
5.16siblings in the same foster home as the child.
5.17In making the determination of whether to grant the motion ordering reestablishment
5.18of the legal parent and child relationship, the court must consider as the paramount
5.19determinant whether the order is in the eligible child's best interests.
5.20 Subd. 9. Process for minors; service of order. The court administrator must serve:
5.21(1) a copy of the final court order granting or denying the motion for reestablishment
5.22of the legal parent and child relationship on all persons or entities entitled under
5.23subdivision 5 to bring a motion for reestablishment; and
5.24(2) a certified copy of any order for reestablishment of the legal parent and child
5.25relationship on the commissioner of human services.
5.26 Subd. 10. Process for persons over 18 years of age. (a) Notwithstanding
5.27subdivision 4, the following parties may bring a motion for reestablishment of the legal
5.28parent and child relationship:
5.29(1) a person at least 18 years of age who was the subject of a guardianship and
5.30transfer of legal custody order under section 260C.325 and who is not currently the legal
5.31child of an adoptive parent who is living; or
5.32(2) a parent whose rights have been terminated under section 260C.317 regarding
5.33the person described in clause (1).
5.34(b) The motion must be filed in the county and before the court that issued the order
5.35terminating parental rights, and must contain:
6.1(1) a statement that the person and the parent whose rights have been terminated
6.2both agree to reestablishment of the legal parent and child relationship;
6.3(2) a statement that both the person and the parent whose rights have been terminated
6.4are competent to agree to reestablishment of the legal parent and child relationship;
6.5(3) the facts showing that it is in the person's interest to reestablish the legal parent
6.6and child relationship; and
6.7(4) the names and addresses of any natural person or agency entitled to notice of
6.8the motion under paragraph (c).
6.9(c) The court must set a time for hearing the motion, and serve notice of the time
6.10of the hearing together with a copy of the motion upon:
6.11(1) the person whose legal relationship with the parent would be reestablished;
6.12(2) the previously terminated birth parent who is the movant or the subject of the
6.13person's motion;
6.14(3) any guardian, as that term is defined under section 524.1-201;
6.15(4) the responsible social services agency if the person had been under guardianship
6.16of the commissioner and remains in foster care under the legal responsibility of the agency;
6.17(5) the person's foster parent if the person had been under the guardianship of the
6.18commissioner and remains in foster care under the legal responsibility of the agency; and
6.19(6) if the person is an Indian, the person's tribe.
6.20(d) Upon motion and hearing, the court must grant the motion ordering the
6.21reestablishment of the legal parent and child relationship if:
6.22(1) the person understands and agrees to the order, provided that the agreement of
6.23the person is invalid if the person is either considered to be a vulnerable adult under
6.24section 626.5572, subdivision 21, or determined not to be competent to give consent;
6.25(2) the person, if under age 21, has been informed by the court and understands that
6.26reestablishment of the parent and child relationship terminates any entitlement to benefits
6.27otherwise available to a child in foster care;
6.28(3) the person's previously terminated birth parent agrees to the order;
6.29(4) the person has not been adopted; and
6.30(5) if the person has been or currently is under guardianship, the court finds that
6.31order to be in the best interests of the person.
6.32(e) The order granting or denying the motion for reestablishment of the legal parent
6.33and child relationship must be served on:
6.34(1) the person;
6.35(2) the previously terminated birth parent;
6.36(3) any guardian, as that term is defined under section 524.1-201;
7.1(4) the responsible social services agency if the former ward continues in foster
7.2care; and
7.3(5) if applicable, the person's tribe.
7.4 Subd. 11. No right to appointed counsel. A motion for reestablishment of the legal
7.5parent and child relationship made under this chapter does not provide a right to the
7.6appointment of counsel to the parent under section 260C.163, subdivision 3, or the Rules
7.7of Juvenile Protection Procedure, rule 25.02, subdivision 2. Nothing in this subdivision
7.8affects the representation of a child with appointed counsel under subdivision 2 or 3.
7.9 Subd. 12. Effect of order. (a) As of the effective date of a court order providing
7.10reestablishment of the legal parent and child relationship:
7.11(1) the child or person is the legal child of the parent;
7.12(2) the parent whose rights were terminated under a previous order of the court as the
7.13legal parent of the child or person is the legal parent of the child or person and all rights,
7.14powers, privileges, immunities, duties, and obligations that were severed and terminated
7.15by the court under section 260C.317 are restored;
7.16(3) if applicable, guardianship and legal custody of the commissioner of human
7.17services is dismissed; and
7.18(4) with respect to a minor child, permanent legal and physical custody of the child
7.19is awarded to the parent.
7.20(b) An order providing reestablishment of the legal parent and child relationship as
7.21to one parent of the child has no effect on:
7.22(1) the legal rights of any other parent whose rights to the child have been terminated
7.23by the court; or
7.24(2) the legal sibling relationship between the child or person and any other children
7.25of the parent.
7.26(c) Where a child is a minor, the reestablishment of the legal parent and child
7.27relationship:
7.28(1) removes the presumption of palpable unfitness under section 260C.301,
7.29subdivision 1, paragraph (b), clause (4), that otherwise would have arisen due to any
7.30involuntary termination of parental rights order and the subsequent birth of another child
7.31of the parent; and
7.32(2) eliminates the requirement that the county attorney file a termination of parental
7.33rights or child in need of protection or services petition due to an involuntary termination
7.34of parental rights order and subsequent birth of a child to the parent that would have
7.35otherwise arisen under section 260C.301, subdivision 3, paragraph (a), and 260C.007,
8.1subdivision 6, paragraph (16), and rebuts the presumption under section 260C.301,
8.2subdivision 1, paragraph (b), clause (4), in the event such a petition is filed.
