ST. PAUL – Thursday, the Minnesota House unanimously approved HF 554, a bill authored by Rep. Rena Moran (DFL – Saint Paul), that allows parents, who had previously had their parental rights terminated for non-egregious harm, to directly seek reestablishment of these rights from the courts. Currently, only a county attorney is able to make this petition.
“We all share the value that families belong together and believe that children are to be protected, loved, and nurtured,” Rep. Moran said. “Sometimes though, the policies that drive our child welfare system don’t reflect what’s in the best interest of a child. This bill would allow a
parent, if a court determines it’s in the child’s best interest and the parent has their life back on track, to reestablish their parental rights. This will ultimately help children reach their full potential.”
These petitions would only be allowed in cases in which the rights were terminated for non-egregious harm, such as chemical dependency or mental illness, and not for physical, sexual, or psychological abuse.
Studies have shown when children, especially children of color, remain in the foster system, they face poorer life outcomes than those who remain with their biological families. These include lower lifetime employment rates, a greater chance of experience with the criminal justice system, and higher rates of mental illness and addiction.
The legislation requires the parent to clearly demonstrate the steps they’ve taken to address the underlying issue which led to the termination of rights in the first place, and a judge would make the final decision.
Under the current law, whereby the county attorney can make a petition, the child must have been in foster care after the termination of parental rights for 36 months; this bill increases this to 48 months. The bill also removes the current minimum age requirement of 15 years.
“This is about fairness, about redemption, and about giving children a bright future outside the child protection system, which we know too often leads to the criminal justice system,” Rep. Moran said. “At the center of this, we’re focused on what’s in the best interest of a child, and whenever possible and practical, to keep families together.”
The Senate’s version of the bill, SF 342 authored by Sen. Bobby Joe Champion (DFL – Minneapolis), awaits action by that body.