1.1.................... moves to amend H.F. No. 749 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to
1.4read:
1.5    Subd. 2. Other matters relating to children. Except as provided in clause (4), the
1.6juvenile court has original and exclusive jurisdiction in proceedings concerning:
1.7    (1) the termination of parental rights to a child in accordance with the provisions of
1.8sections 260C.301 to 260C.328;
1.9    (2) the appointment and removal of a juvenile court guardian for a child, where
1.10parental rights have been terminated under the provisions of sections 260C.301 to
1.11260C.328 ;
1.12    (3) judicial consent to the marriage of a child when required by law;
1.13    (4) the juvenile court in those counties in which the judge of the probate-juvenile
1.14court has been admitted to the practice of law in this state shall proceed under the laws
1.15relating to adoptions in all adoption matters. In those counties in which the judge of the
1.16probate-juvenile court has not been admitted to the practice of law in this state the district
1.17court shall proceed under the laws relating to adoptions in all adoption matters;
1.18    (5) the review of the placement of a child who is in foster care pursuant to a
1.19voluntary placement agreement between the child's parent or parents and the responsible
1.20social services agency under section 260C.212, subdivision 8;
1.21    (6) the review of voluntary foster care placement of a child for treatment under
1.22chapter 260D according to the review requirements of that chapter; and
1.23(7) the reestablishment of a legal parent and child relationship under section
1.24260C.329.

1.25    Sec. 2. [260C.329] REESTABLISHMENT OF THE LEGAL PARENT AND
1.26CHILD RELATIONSHIP.
2.1    Subdivision 1. Citation. This section may be cited as the "Family Reunification
2.2Act of 2011."
2.3    Subd. 2. Definition. For purposes of this section, "reestablishment of the legal
2.4parent and child relationship" means the physical reunification of a child and a previously
2.5terminated birth parent and restoration of all rights, powers, privileges, immunities, duties,
2.6and obligations that were severed and terminated by the court under section 260C.317.
2.7    Subd. 3. Process for minors; why may motion. (a) Any of the following parties
2.8may bring a motion for reestablishment of the legal parent and child relationship:
2.9(1) a minor child who is the subject of a guardianship and transfer of legal custody
2.10order under section 260C.325;
2.11(2) a parent whose parental rights have been terminated under section 260C.317,
2.12other than a parent:
2.13(i) whose parental rights were terminated based on a finding in a legal proceeding of
2.14sexual abuse or conduct that resulted in the death of a minor; or
2.15(ii) who has been convicted of any crime enumerated under section 260C.007,
2.16subdivision 14;
2.17(3) the child's guardian ad litem;
2.18(4) an Indian child's tribe; or
2.19(5) the responsible social services agency.
2.20(b) A motion for reestablishment of the legal parent and child relationship may
2.21not be brought:
2.22(1) if a prior motion for reestablishment of the legal parent and child relationship has
2.23been brought within the previous two years;
2.24(2) unless the child has been in foster care for at least 24 months after a final order
2.25terminating parental rights and freeing the child for adoption;
2.26(3) if the child has been adopted or if the child is the subject of a written adoption
2.27placement agreement between the responsible social services agency and the prospective
2.28adoptive parent, as required under Minnesota Rules, part 9560.0060, subpart 2; or
2.29(4) by any party other than the child if a motion for reestablishment of the legal
2.30parent and child relationship has been brought at any previous time and the child did
2.31not agree to the reestablishment.
2.32    Subd. 4. Process for minors; timing, jurisdiction, and content of motion. The
2.33motion for reestablishment of the legal parent and child relationship must:
2.34(1) be brought before the child's 18th birthday;
3.1(2) be brought before the court that issued the order for guardianship and legal
3.2custody and conducts the reviews required under section 260C.317, subdivision 3,
3.3paragraphs (b) or (c);
3.4(3) state the factual basis for the request for reestablishment of the legal parent and
3.5child relationship;
3.6(4) contain the names, addresses, telephone numbers, and other contact information
3.7for any person or agency entitled under this section to notice of the motion; and
3.8(5) contain or attach documentary evidence showing the basis for reestablishment
3.9of the legal parent and child relationship.
3.10    Subd. 5. Process for minors; service on parties of motion. The motion for
3.11reestablishment of the legal parent and child relationship and notice of hearing on the
3.12motion must be served on:
3.13(1) the child's foster parent; and
3.14(2) all persons or entities having standing to bring a motion under this section,
3.15provided that a parent whose rights have been terminated and who is not the subject of the
3.16motion is not entitled to notice of the hearing.
3.17    Subd. 6. Process for minors; hearing on motion. (a) A hearing on the motion must
3.18be conducted during a regularly scheduled review hearing.
3.19(b) The court must determine whether the motion states a prima facie case that:
3.20(1) reestablishment of the legal parent and child relationship is in the best interests
3.21of the child;
3.22(2) the parent is fit to safely provide the day-to-day care of the child, which includes
3.23meeting the child's developmental and emotional needs, and can plan and provide for the
3.24child's long-term needs;
3.25(3) the conditions that led to either an adjudication that the child was in need of
3.26protection or services or to an order terminating parental rights have been corrected or
3.27ameliorated; and
3.28(4) both the parent and the child desire reestablishment of the parent and child
3.29relationship.
3.30(c) The person filing the motion has the burden of proof. The court may not shift the
3.31burden to any other party.
3.32(d) The court must deny the motion and the matter may not proceed further if the
3.33court finds that the motion does not state the prima facie case required under paragraph (a).
3.34(e) A motion neither granted nor deferred, as provided under subdivision 7, must
3.35be denied.
4.1(f) The responsible social services agency and the child's guardian ad litem, unless
4.2a moving party, must file with the court the report required under the Minnesota Rules
4.3of Juvenile Protection for hearings conducted under section 260C.317, subdivision 3,
4.4paragraphs (b) and (c), at least five days prior to the hearing. The report must support or
4.5oppose the motion for reestablishment of the legal parent and child relationship, and must
4.6include the facts and evidence upon which support or opposition is based. The responsible
4.7social services agency's report must include an assessment of whether the parent's home
4.8constitutes a safe environment for the child.
4.9(g) The court may accept testimony voluntarily offered by a child who is the
4.10petitioner or subject of the petition. The testimony may be provided informally under
4.11section 260C.163, subdivision 6.
4.12(h) The court may grant the motion ordering reestablishment of the legal parent and
4.13child relationship between the child and a parent who had a previous legal relationship if:
4.14(1) the child has not been adopted;
4.15(2) the child has been in foster care for at least 24 months following a final order
4.16terminating parental rights and freeing the child for adoption; and
4.17(3) the court makes detailed and individualized findings that there is clear and
4.18convincing evidence that reestablishment of the legal parent and child relationship is in
4.19the child's best interests including:
4.20(i) that the conditions that led to either an adjudication that the child was in need
4.21of protection or services or an order terminating parental rights have been corrected or
4.22ameliorated;
4.23(ii) that there is agreement by the child to reestablishment of the legal parent and
4.24child relationship;
4.25(iii) that reestablishment of the legal parent and child relationship achieves the
4.26physical reunification of the parent and child as a family unit;
4.27(iv) that the parent is presently fit to safely maintain the day-to-day care of the
4.28child; and
4.29(v) any other factor the court considers relevant to the best interests of the child,
4.30including the legal and actual effect reestablishment of the parent and child relationship
4.31will have on the child's relationship with the child's siblings, especially siblings in the
4.32same foster home as the child.
4.33The court must consider as the paramount determinant whether granting the motion
4.34to reestablish the legal parent and child relationship is in the child's best interests.
4.35    Subd. 7. Process for minors; option for deferral of ruling on motion. (a)
4.36The court may defer its ruling on the motion to reestablish the legal parent and child
5.1relationship for not longer than three months, provided that the court must continue to
5.2conduct reviews required under section 260C.317, subdivision 3. The purpose of the
5.3deferment is to achieve safe physical reunification of the parent and child and permanent
5.4reestablishment of the parent and child as a family unit.
5.5(b) During deferral period:
5.6(1) the responsible social services agency must deliver further supports and services
5.7for reestablishment of the parent and child relationship, as may be appropriate; and
5.8(2) the agency, the parent, and the child, in consultation with the child's guardian
5.9ad litem, must develop a plan for physical reunification.
5.10(c) After the deferral period expires, the court must either grant or deny the motion.
5.11    Subd. 8. Process for minors; service of order. The court administrator must serve:
5.12(1) a copy of the final court order granting or denying the motion to reestablish the
5.13legal parent and child relationship on all persons or entities entitled under subdivision 5 to
5.14bring a motion for reestablishment; and
5.15(2) a certified copy of any order reestablishing the legal parent and child relationship
5.16on the commissioner of human services.
5.17    Subd. 9. Process for persons over 18 years of age. (a) The following parties may
5.18bring a motion to reestablish the legal parent and child relationship:
5.19(1) a person at least 18 years of age who was the subject of a guardianship and
5.20transfer of legal custody order under section 260C.325 and who has not been adopted; or
5.21(2) a parent whose rights regarding the person have been terminated under section
5.22260C.317.
5.23(b) The motion must be filed in the county and before the court that issued the order
5.24terminating parental rights, and must contain:
5.25(1) a statement that the person and the parent whose rights have been terminated
5.26both agree to reestablishment of the legal parent and child relationship;
5.27(2) a statement that both the person and the parent whose rights have been terminated
5.28are competent to agree to reestablishment of the legal parent and child relationship;
5.29(3) the facts showing that it is in the person's interest to reestablish the legal parent
5.30and child relationship; and
5.31(4) the names and addresses of any natural person or agency entitled to notice of the
5.32motion under paragraph (c) of this subdivision.
5.33(c) The court must set a time for hearing the motion, and serve notice of the time
5.34of the hearing together with a copy of the motion upon:
5.35(1) the person whose legal relationship with the parent would be reestablished;
6.1(2) the previously terminated birth parent who is the movant or the subject of the
6.2person's motion;
6.3(3) any guardian, as that term is defined under section 524.1-201;
6.4(4) the responsible social services agency if the person had been under guardianship
6.5of the commissioner and remains in foster care under the legal responsibility of the agency;
6.6(5) the person's foster parent if the person had been under the guardianship of the
6.7commissioner and remains in foster care under the legal responsibility of the agency; and
6.8(6) if the person is an Indian, the person's tribe.
6.9(d) Upon motion and hearing, the court must order the legal parent and child
6.10relationship reestablished when:
6.11(1) the person understands and agrees to the order, provided that the agreement of
6.12the person is invalid if the person is either considered to be a vulnerable adult under
6.13section 626.5572, subdivision 21, or determined not to be competent to give consent;
6.14(2) the person, if under age 21, has been informed by the court and understands that
6.15reestablishment of the parent and child relationship terminates any entitlement to benefits
6.16otherwise available to a child in foster care;
6.17(3) the person's previously terminated birth parent agrees to the order;
6.18(4) the person has not been adopted; and
6.19(5) if the person has been or currently is under guardianship, the court finds that
6.20order to be in the best interests of the person.
6.21(e) The order granting or denying the motion to reestablish the legal parent and child
6.22relationship must be served on:
6.23(1) the person;
6.24(2) the previously terminated birth parent;
6.25(3) any guardian, as that term is defined under section 524.1-201;
6.26(4) the responsible social services agency if the former ward continues in foster
6.27care; and
6.28(5) if applicable, the person's tribe.
6.29    Subd. 10. No right to appointed counsel. A motion for reestablishment of the
6.30parent and child relationship made under this chapter does not provide a right to the
6.31appointment of counsel to the parent under section 260C.163, subdivision 3, or the Rules
6.32of Juvenile Protection Procedure, section 25.02, subdivision 2. Nothing in this subdivision
6.33affects the representation of a child with appointed counsel under subdivision 2 or 3
6.34of this section.
6.35    Subd. 11. Effect of order. (a) As of the effective date of a court order reestablishing
6.36the legal parent and child relationship:
7.1(1) the child or person is the legal child of the parent;
7.2(2) the parent whose rights were terminated under a previous order of the court as the
7.3legal parent of the child or person is the legal parent of the child or person and all rights,
7.4powers, privileges, immunities, duties, and obligations that were severed and terminated
7.5by the court under section 260C.317 are restored;
7.6(3) if applicable, guardianship and legal custody of the commissioner of human
7.7services is dismissed; and
7.8(4) with respect to a minor child, permanent legal and physical custody of the child
7.9is awarded to the parent.
7.10(b) An order reestablishing the legal parent and child relationship as to one parent of
7.11the child has no effect on:
7.12(1) the legal rights of any other parent whose rights to the child have been terminated
7.13by the court; or
7.14(2) the legal sibling relationship between the child or person and any other children
7.15of the parent.
7.16(c) Where a child is a minor, the reestablishment of the legal parent and child
7.17relationship:
7.18(1) removes the presumption of palpable unfitness under section 260C.301,
7.19subdivision 1, paragraph (b), clause (4), that otherwise would have arisen due to any
7.20involuntary termination of parental rights order and the subsequent birth of another child
7.21of the parent; and
7.22(2) eliminates the requirement that the county attorney file a termination of parental
7.23rights or child in need of protection or services petition due to an involuntary termination
7.24of parental rights order and subsequent birth of a child to the parent that would have
7.25otherwise arisen under section 260C.301, subdivision 3, paragraph (a), and 260C.007,
7.26subdivision 6, paragraph (16), and rebuts the presumption under section 260C.301,
7.27subdivision 1, paragraph (b), clause (4) in the event such a petition is filed."
7.28Amend the title accordingly