Bill Text: MN SF422 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Family Reunification Act of 2013
Spectrum: Slight Partisan Bill (Democrat 13-5)
Status: (Passed) 2013-05-03 - Secretary of State Chapter 30 05/01/13 [SF422 Detail]
Download: Minnesota-2013-SF422-Introduced.html
1.2relating to children; creating the Family Reunification Act of 2013; amending
1.3Minnesota Statutes 2012, 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 2012, section 260C.101, subdivision 2, is amended to
1.7read:
1.8 Subd. 2. Other matters relating to children. The juvenile court has original and
1.9exclusive 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) permanency matters under sections260C.503 to
260C.521 ;
1.13(3) the appointment and removal of a juvenile court guardian for a child, where
1.14parental rights have been terminated under the provisions of sections260C.301 to
1.15260C.328
;
1.16 (4) judicial consent to the marriage of a child when required by law;
1.17(5) all adoption matters and review of the efforts to finalize the adoption of the child
1.18under section260C.317 ;
1.19 (6) the review of the placement of a child who is in foster care pursuant to a
1.20voluntary placement agreement between the child's parent or parents and the responsible
1.21social services agency under section260C.227 ; or between the child, when the child is
1.22over age 18, and the agency under section260C.229 ; and
1.23 (7) the review of voluntary foster care placement of a child for treatment under
1.24chapter 260D according to the review requirements of that chapter; and
2.1 (8) the reestablishment of a legal parent and child relationship under section
2.2260C.329.
2.3 Sec. 2. [260C.329] REESTABLISHMENT OF THE LEGAL PARENT AND
2.4CHILD RELATIONSHIP.
2.5 Subdivision 1. Citation. This section may be cited as the "Family Reunification
2.6Act of 2013."
2.7 Subd. 2. Definition. "Reestablishment of the legal parent and child relationship"
2.8means the physical reunification of a child under the guardianship of the commissioner
2.9of human services and a previously terminated legal parent and restoration of all rights,
2.10powers, privileges, immunities, duties, and obligations that were severed and terminated
2.11by the court under section 260C.317.
2.12 Subd. 3. Petition. Only the county attorney may file a petition for the
2.13reestablishment of the legal parent and child relationship. A petition for the
2.14reestablishment of the legal parent and child relationship may be filed when:
2.15(1) both the responsible social services agency and the county attorney agree that
2.16reestablishment of the legal parent and child relationship is in the child's best interests;
2.17(2) the parent has corrected the conditions that led to an order terminating parental
2.18rights;
2.19(3) the parent is willing and has the capability to provide day-to-day care and
2.20maintain the health, safety, and welfare of the child;
2.21(4) the child has been in foster care for at least 36 months after the court issued the
2.22order terminating parental rights;
2.23(5) the child is 15 years of age or older at the time the petition for reestablishment of
2.24the legal parent and child relationship is filed;
2.25(6) the child has not been adopted; and
2.26(7) the child is not the subject of a written adoption placement agreement between
2.27the responsible social services agency and the prospective adoptive parent, as required
2.28under Minnesota Rules, part 9560.0060, subpart 2.
2.29 Subd. 4. Petition may not be brought in certain circumstances. A petition for the
2.30reestablishment of the legal parent and child relationship may not be brought if the parent
2.31whose rights are the subject of the petition for reestablishment has:
2.32(1) previously had parental rights terminated based on a finding in a legal proceeding
2.33of either sexual abuse or other conduct that resulted in the death of a minor; or
2.34(2) has been convicted of any crime enumerated under section 260C.007, subdivision
2.3514.
3.1 Subd. 5. Decision not appealable. The decision by the county attorney not to file a
3.2petition for the reestablishment of legal parent and child relationship is not appealable.
3.3 Subd. 6. Venue. The petition must be filed with the court that issued the order for
3.4guardianship and legal custody and conducts the reviews required under section 260C.607.
3.5 Subd. 7. Service of petition on the parties. The petition for the reestablishment
3.6of the legal parent and child relationship and notice of hearing on the petition must be
3.7served on:
3.8(1) the child;
3.9(2) the parent whose rights have been terminated and with whom the legal parent
3.10and child relationship is proposed to be reestablished;
3.11(3) the child's guardian ad litem; and
3.12(4) the child's tribe if the child is subject to the Indian Child Welfare Act.
3.13 Subd. 8. Hearing. The court may grant the petition ordering the reestablishment of
3.14the legal parent and child relationship only if it finds by clear and convincing evidence that:
3.15(1) reestablishment of the legal parent and child relationship is in the child's best
3.16interests;
3.17(2) the child is 15 years of age or older;
3.18(3) the child has not been adopted;
3.19(4) the child is not the subject of a written adoption placement agreement between
3.20the responsible social services agency and the prospective adoptive parent, as required
3.21under Minnesota Rules, part 9560.0060, subpart 2;
3.22(5) at least 36 months have elapsed following a final order terminating parental
3.23rights and the child remains in foster care;
3.24(6) the child desires to reside with the parent;
3.25(7) the parent has corrected the conditions that led to an order terminating parental
3.26rights; and
3.27(8) the parent is willing and has the capability to provide day-to-day care and
3.28maintain the health, safety, and welfare of the child.
3.29 Subd. 9. Service of order. The court administrator must serve:
3.30(1) a copy of the final court order granting or denying the petition for the
3.31reestablishment of the legal parent and child relationship on all persons or entities entitled
3.32under subdivision 7 to service; and
3.33(2) a certified copy of any order for the reestablishment of the legal parent and child
3.34relationship on the commissioner of human services.
3.35 Subd. 10. No right to appointed counsel. A petition for the reestablishment of the
3.36legal parent and child relationship made under this chapter does not provide a right to the
4.1appointment of counsel to the parent under section 260C.163, subdivision 3, or the Rules
4.2of Juvenile Protection Procedure, rule 25.02, subdivision 2.
4.3 Subd. 11. Effect of order. (a) As of the effective date of a court order providing for
4.4the reestablishment of the legal parent and child relationship:
4.5(1) the child is the legal child of the parent;
4.6(2) the parent whose rights were terminated under a previous order of the court
4.7is restored to the status of legal parent of the child and all rights, powers, privileges,
4.8immunities, duties, and obligations that were severed and terminated by the court under
4.9section 260C.317 are restored;
4.10(3) the order placing the child under the guardianship of the commissioner of human
4.11services is dismissed; and
4.12(4) permanent legal and physical custody of the child is awarded to the parent.
4.13(b) An order reestablishing the legal parent and child relationship as to one parent of
4.14the child has no effect on:
4.15(1) the legal rights of any other parent whose rights to the child have been terminated
4.16by the court; or
4.17(2) the legal sibling relationship between the child and any other children of the
4.18parent.
1.3Minnesota Statutes 2012, 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 2012, section 260C.101, subdivision 2, is amended to
1.7read:
1.8 Subd. 2. Other matters relating to children. The juvenile court has original and
1.9exclusive 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) permanency matters under sections
1.13(3) the appointment and removal of a juvenile court guardian for a child, where
1.14parental rights have been terminated under the provisions of sections
1.16 (4) judicial consent to the marriage of a child when required by law;
1.17(5) all adoption matters and review of the efforts to finalize the adoption of the child
1.18under section
1.19 (6) the review of the placement of a child who is in foster care pursuant to a
1.20voluntary placement agreement between the child's parent or parents and the responsible
1.21social services agency under section
1.22over age 18, and the agency under section
1.23 (7) the review of voluntary foster care placement of a child for treatment under
1.24chapter 260D according to the review requirements of that chapter; and
2.1 (8) the reestablishment of a legal parent and child relationship under section
2.2260C.329.
2.3 Sec. 2. [260C.329] REESTABLISHMENT OF THE LEGAL PARENT AND
2.4CHILD RELATIONSHIP.
2.5 Subdivision 1. Citation. This section may be cited as the "Family Reunification
2.6Act of 2013."
2.7 Subd. 2. Definition. "Reestablishment of the legal parent and child relationship"
2.8means the physical reunification of a child under the guardianship of the commissioner
2.9of human services and a previously terminated legal parent and restoration of all rights,
2.10powers, privileges, immunities, duties, and obligations that were severed and terminated
2.11by the court under section 260C.317.
2.12 Subd. 3. Petition. Only the county attorney may file a petition for the
2.13reestablishment of the legal parent and child relationship. A petition for the
2.14reestablishment of the legal parent and child relationship may be filed when:
2.15(1) both the responsible social services agency and the county attorney agree that
2.16reestablishment of the legal parent and child relationship is in the child's best interests;
2.17(2) the parent has corrected the conditions that led to an order terminating parental
2.18rights;
2.19(3) the parent is willing and has the capability to provide day-to-day care and
2.20maintain the health, safety, and welfare of the child;
2.21(4) the child has been in foster care for at least 36 months after the court issued the
2.22order terminating parental rights;
2.23(5) the child is 15 years of age or older at the time the petition for reestablishment of
2.24the legal parent and child relationship is filed;
2.25(6) the child has not been adopted; and
2.26(7) the child is not the subject of a written adoption placement agreement between
2.27the responsible social services agency and the prospective adoptive parent, as required
2.28under Minnesota Rules, part 9560.0060, subpart 2.
2.29 Subd. 4. Petition may not be brought in certain circumstances. A petition for the
2.30reestablishment of the legal parent and child relationship may not be brought if the parent
2.31whose rights are the subject of the petition for reestablishment has:
2.32(1) previously had parental rights terminated based on a finding in a legal proceeding
2.33of either sexual abuse or other conduct that resulted in the death of a minor; or
2.34(2) has been convicted of any crime enumerated under section 260C.007, subdivision
2.3514.
3.1 Subd. 5. Decision not appealable. The decision by the county attorney not to file a
3.2petition for the reestablishment of legal parent and child relationship is not appealable.
3.3 Subd. 6. Venue. The petition must be filed with the court that issued the order for
3.4guardianship and legal custody and conducts the reviews required under section 260C.607.
3.5 Subd. 7. Service of petition on the parties. The petition for the reestablishment
3.6of the legal parent and child relationship and notice of hearing on the petition must be
3.7served on:
3.8(1) the child;
3.9(2) the parent whose rights have been terminated and with whom the legal parent
3.10and child relationship is proposed to be reestablished;
3.11(3) the child's guardian ad litem; and
3.12(4) the child's tribe if the child is subject to the Indian Child Welfare Act.
3.13 Subd. 8. Hearing. The court may grant the petition ordering the reestablishment of
3.14the legal parent and child relationship only if it finds by clear and convincing evidence that:
3.15(1) reestablishment of the legal parent and child relationship is in the child's best
3.16interests;
3.17(2) the child is 15 years of age or older;
3.18(3) the child has not been adopted;
3.19(4) the child is not the subject of a written adoption placement agreement between
3.20the responsible social services agency and the prospective adoptive parent, as required
3.21under Minnesota Rules, part 9560.0060, subpart 2;
3.22(5) at least 36 months have elapsed following a final order terminating parental
3.23rights and the child remains in foster care;
3.24(6) the child desires to reside with the parent;
3.25(7) the parent has corrected the conditions that led to an order terminating parental
3.26rights; and
3.27(8) the parent is willing and has the capability to provide day-to-day care and
3.28maintain the health, safety, and welfare of the child.
3.29 Subd. 9. Service of order. The court administrator must serve:
3.30(1) a copy of the final court order granting or denying the petition for the
3.31reestablishment of the legal parent and child relationship on all persons or entities entitled
3.32under subdivision 7 to service; and
3.33(2) a certified copy of any order for the reestablishment of the legal parent and child
3.34relationship on the commissioner of human services.
3.35 Subd. 10. No right to appointed counsel. A petition for the reestablishment of the
3.36legal parent and child relationship made under this chapter does not provide a right to the
4.1appointment of counsel to the parent under section 260C.163, subdivision 3, or the Rules
4.2of Juvenile Protection Procedure, rule 25.02, subdivision 2.
4.3 Subd. 11. Effect of order. (a) As of the effective date of a court order providing for
4.4the reestablishment of the legal parent and child relationship:
4.5(1) the child is the legal child of the parent;
4.6(2) the parent whose rights were terminated under a previous order of the court
4.7is restored to the status of legal parent of the child and all rights, powers, privileges,
4.8immunities, duties, and obligations that were severed and terminated by the court under
4.9section 260C.317 are restored;
4.10(3) the order placing the child under the guardianship of the commissioner of human
4.11services is dismissed; and
4.12(4) permanent legal and physical custody of the child is awarded to the parent.
4.13(b) An order reestablishing the legal parent and child relationship as to one parent of
4.14the child has no effect on:
4.15(1) the legal rights of any other parent whose rights to the child have been terminated
4.16by the court; or
4.17(2) the legal sibling relationship between the child and any other children of the
4.18parent.
