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Modification could allow more parents to petition for reunification with children

(CORRECTION: The story previously indicated the criminal records expungement section was related to parental reunification. It is not.)

REFILED March 4, 2019: Parents who lost custody of their children could be granted the right to petition the court for reunification.

The House Health and Human Services Policy Committee approved HF554, as amended, Tuesday and referred it to the House Judiciary Finance and Civil Law Division.“This bill only affects cases in which parental rights were terminated and no egregious harm has happened,” and does not refer to cases of documented physical, sexual, or psychological abuse, said Rep. Rena Moran (DFL-St. Paul), the bill’s sponsor.

It could, however, make a major difference in the lives of people who struggled with severe mental health problems, addiction, or even a single bad decision, but managed to get their lives back on track, she said.

Most importantly, the bill could help children stuck in “foster care limbo” at risk of instability and “aging out” of the system without any supports in place, said Joanna Woolman, director of Mitchell Hamline School of Law’s Institute for Children, Families, and Communities.

The reunification process would be thorough and include a court hearing in which guardians ad litem and caseworkers would be able to weigh in on the decision, which would ultimately be made by a judge, she said.

“There’s going to be a lot of process to ensure the right thing is going to happen for that child,” she said

Robert Small, executive director of the Minnesota County Attorneys Association, recommended that the bill define how frequently petitions can be filed, how many petitions can be filed, and that it require parents to notify social services before filing petitions, which would allow the entire process to move more smoothly.

He also stated the association’s concern that there is no minimum age requirement for children. In other states, children have to be between 12 and 16 years old for the reunification process to take place.

Moran said that she does not see how an “arbitrary” age minimum would benefit children if parents are doing well in the community, have met all of the requirements for reunification, and can provide stable, supportive homes. She is open to continue working with the association to address its other concerns, however.

“This is about fairness, redemption … giving a child a bright future,” she said.

A companion, SF342, is sponsored by Sen. Bobby Joe Champion (DFL-Mpls) and awaits action by the Senate Judiciary and Public Safety Finance and Policy Committee.


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