| Minn. Stat. § 260C.301
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260C. Child Protection
Termination
of Parental Rights
260C.301. Termination
of parental rights
Subdivision
1. Voluntary and involuntary.
The juvenile court may upon petition, terminate all rights of a parent
to a child:
(a)
with the written consent of a parent who for good cause desires to terminate
parental rights; or
(b)
if it finds that one or more of the following conditions exist:
(1)
that the parent has abandoned the child;
(2)
that the parent has substantially, continuously, or repeatedly refused
or neglected to comply with the duties imposed upon that parent by the
parent and child relationship, including but not limited to providing
the child with necessary food, clothing, shelter, education, and other
care and control necessary for the child's physical, mental, or emotional
health and development, if the parent is physically and financially able,
and either reasonable efforts by the social services agency have failed
to correct the conditions that formed the basis of the petition or reasonable
efforts would be futile and therefore unreasonable;
(3)
that a parent has been ordered to contribute to the support of the child
or financially aid in the child's birth and has continuously failed to
do so without good cause. This clause shall not be construed to state
a grounds for termination of parental rights of a noncustodial parent
if that parent has not been ordered to or cannot financially contribute
to the support of the child or aid in the child's birth;
(4)
that a parent is palpably unfit to be a party to the parent and child
relationship because of a consistent pattern of specific conduct before
the child or of specific conditions directly relating to the parent and
child relationship either of which are determined by the court to be of
a duration or nature that renders the parent unable, for the reasonably
foreseeable future, to care appropriately for the ongoing physical, mental,
or emotional needs of the child. It is presumed that a parent is palpably
unfit to be a party to the parent and child relationship upon a showing
that the parent's parental rights to one or more other children were involuntarily
terminated or that the parent's custodial rights to another child have
been involuntarily transferred to a relative under section 260C.201, subdivision
11, paragraph (e), clause (1), or a similar law of another jurisdiction;
(5)
that following the child's placement out of the home, reasonable efforts,
under the direction of the court, have failed to correct the conditions
leading to the child's placement. It is presumed that reasonable efforts
under this clause have failed upon a showing that:
(i)
a child has resided out of the parental home under court order for a cumulative
period of 12 months within the preceding 22 months. In the case of a child
under age eight at the time the petition was filed alleging the child
to be in need of protection or services, the presumption arises when the
child has resided out of the parental home under court order for six months
unless the parent has maintained regular contact with the child and the
parent is complying with the out-of-home placement plan;
(ii)
the court has approved the out-of-home placement plan required under section
260C.212 and filed with the court under section 260C.178;
(iii)
conditions leading to the out-of-home placement have not been corrected.
It is presumed that conditions leading to a child's out-of-home placement
have not been corrected upon a showing that the parent or parents have
not substantially complied with the court's orders and a reasonable case
plan; and
(iv)
reasonable efforts have been made by the social services agency to rehabilitate
the parent and reunite the family.
This clause does not prohibit
the termination of parental rights prior to one year, or in the case of
a child under age eight, prior to six months after a child has been placed
out of the home.
It is also presumed that
reasonable efforts have failed under this clause upon a showing that:
(A)
the parent has been diagnosed as chemically dependent by a professional
certified to make the diagnosis;
(B)
the parent has been required by a case plan to participate in a chemical
dependency treatment program;
(C)
the treatment programs offered to the parent were culturally, linguistically,
and clinically appropriate;
(D)
the parent has either failed two or more times to successfully complete
a treatment program or has refused at two or more separate meetings with
a caseworker to participate in a treatment program; and
(E)
the parent continues to abuse chemicals.
(6)
that a child has experienced egregious harm in the parent's care which
is of a nature, duration, or chronicity that indicates a lack of regard
for the child's well-being, such that a reasonable person would believe
it contrary to the best interest of the child or of any child to be in
the parent's care;
(7)
that in the case of a child born to a mother who was not married to the
child's
father when the child was conceived nor when the child was born the person
is not entitled to notice of an adoption hearing under section 259.49
and the person has not registered with the fathers' adoption registry
under section 259.52;
(8)
that the child is neglected and in foster care; or
(9)
that the parent has been convicted of a crime listed in section 260.012,
paragraph (b), clauses (1) to (3).
In an action involving
an American Indian child, sections 260.751 to 260.835 and the Indian Child
Welfare Act, United States Code, title 25, sections 1901 to 1923, control
to the extent that the provisions of this section are inconsistent with
those laws.
Subd.
2. Evidence of abandonment.
For purposes of subdivision 1, clause (b), item
(1):
(a)
Abandonment is presumed when:
(1)
the parent has had no contact with the child on a regular basis and not
demonstrated consistent interest in the child's well-being for six months
and the social services agency has made reasonable efforts to facilitate
contact, unless the parent establishes that an extreme financial or physical
hardship or treatment for mental disability or chemical dependency or
other good cause prevented the parent from making contact with the child.
This presumption does not apply to children whose custody has been determined
under chapter 257 or 518; or
(2)
the child is an infant under two years of age and has been deserted by
the parent under circumstances that show an intent not to return to care
for the child.
The
court is not prohibited from finding abandonment in the absence of the
presumptions in clauses (1) and (2).
(b)
The following are prima facie evidence of abandonment where there has
been a showing that the person was not entitled to notice of an adoption
proceeding under section 259.49:
(1)
failure to register with the fathers' adoption registry under section
259.52; or
(2)
if the person registered with the fathers' adoption registry under section
259.52:
(i)
filing a denial of paternity within 30 days of receipt of notice under
section 259.52, subdivision 8;
(ii)
failing to timely file an intent to claim parental rights with entry of
appearance form within 30 days of receipt of notice under section 259.52,
subdivision 10; or
(iii)
timely filing an intent to claim parental rights with entry of appearance
form within 30 days of receipt of notice under section 259.52, subdivision
10, but failing to initiate a paternity action within 30 days of receiving
the fathers' adoption registry notice where there has been no showing
of good cause for the delay.
Subd.
3. Required termination of parental rights.
(a) The county attorney shall file a termination of parental rights petition
within 30 days of the responsible social services agency determining that
a child has been subjected to egregious harm as defined in section 260C.007,
subdivision 14, is determined to be the sibling of another child of the
parent who was subjected to egregious harm, or is an abandoned infant
as defined in subdivision 2, paragraph
(a), clause (2), or the parent has lost parental rights to another child
through an order involuntarily terminating the parent's rights, or another
child of the parent is the subject of an order involuntarily transferring
permanent legal and physical custody of the child to a relative under
section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar
law of another jurisdiction. The responsible social services agency shall
concurrently identify, recruit, process, and approve an adoptive family
for the child. If a termination of parental rights petition has been filed
by another party, the responsible social services agency shall be joined
as a party to the petition. If criminal charges have been filed against
a parent arising out of the conduct alleged to constitute egregious harm,
the county attorney shall determine which matter should proceed to trial
first, consistent with the best interests of the child and subject to
the defendant's right to a speedy trial.
(b)
This requirement does not apply if the county attorney determines and
files with the court:
(1)
a petition for transfer of permanent legal and physical custody to a relative
under section 260C.201, subdivision 11, including a determination that
the transfer is in the best interests of the child; or
(2)
a petition alleging the child, and where appropriate, the child's siblings,
to be in need of protection or services accompanied by a case plan prepared
by the responsible social services agency documenting a compelling reason
why filing a termination of parental rights petition would not be in the
best interests of the child.
Subd.
4. Current foster care children.
Except for cases where the child is in placement due solely to the child's
developmental disability or emotional disturbance, where custody has not
been transferred to the responsible social services agency, and where
the court finds compelling reasons to continue placement, the county attorney
shall file a termination of parental rights petition or a petition to
transfer permanent legal and physical custody to a relative under section
260C.201, subdivision 11, for all children who have been in out-of-home
care for 15 of the most recent 22 months. This requirement does
not apply if there is a compelling reason approved by the court for determining
that filing a termination of parental rights petition or other permanency
petition would not be in the best interests of the child or if the responsible
social services agency has not provided reasonable efforts necessary for
the safe return of the child, if reasonable efforts are required.
Subd.
5. Adoptive parent.
For purposes of subdivision 1, clause (a), an adoptive parent may not
terminate parental rights to an adopted child for a reason that would
not apply to a birth parent seeking termination of parental rights to
a child under subdivision 1, clause (a).
Subd.
6. When prior finding required.
For purposes of subdivision 1, clause (b), no prior judicial finding of
need for protection or services, or neglected and in foster care is required,
except as provided in subdivision 1, clause (b), item (5).
Subd.
7. Best interests of child paramount.
In any proceeding under this section,
the best interests of the child must be the paramount consideration, provided
that the conditions in subdivision 1, clause (a), or at least one condition
in subdivision 1, clause (b), are found by the court. In proceedings involving
an American Indian child, as defined in section 260.755, subdivision 8,
the best interests of the child must be determined consistent with the
Indian Child Welfare Act of 1978, United States Code, title 25, section
1901, et seq. Where the interests of parent and child conflict, the interests
of the child are paramount.
Subd.
8. Findings regarding reasonable efforts.
In any proceeding under this section, the court shall make specific findings:
(1)
that reasonable efforts to prevent the placement and to reunify the child
and the parent were made including individualized and explicit findings
regarding the nature and extent of efforts made by the social services
agency to rehabilitate the parent and reunite the family; or
(2)
that reasonable efforts at reunification are not required as provided
under section 260.012.
CREDIT(S)
Laws 1999, c. 139, art.
3, § 29. Amended by Laws 1999, c. 139, art. 4, § 2; Laws 2001,
c. 178, art. 1, §§ 33 to 36, 44; Laws 2001, 1st Sp., c. 9, art.
11, § 5.
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