On May 1, 2013, the Family Reunification Act of 2013 was signed into law by Governor Dayton. The Family Reunification Act would allow under certain circumstances the reestablishment of legal parent and child relationships. The goal is to provide permanency for certain youth in foster care who would otherwise age out of the system.
Under the new law, the county attorney (and only the county attorney) would be able to file for reestablishment of parental rights if both the county attorney and the county agree that doing so would be in the best interests of the child.
The parent whose rights were terminated must have correct the condition that led to the termination, and he/she must be willing and able to care for the child and maintain the child’s health, safety, and welfare.
However, there are certain conditions in which parents will not be able to reestablish their rights: 1) those whose rights were terminated due to sexual abuse or conduct resulting in the death of a minor, and 2) those who have been convicted of any crime that falls under the definition of “egregious harm” (e.g. felony malicious punishment or sex trafficking of a minor).
The child must be at least 15 years of age and have been in foster care at least 36 months post-TPR. The child must not be currently adopted, nor be the subject of a written adoption placement agreement between the county and the prospective adoptive parent. In other words, these children will not be “returned” to biological parents whose rights were terminated. Finally, the child must want to live with the parent.
Other notable bill status changes
- Same-sex marriage: Earlier today the House passed H.F. 1054 which would legalize same-sex marriage in Minnesota by making marriage laws gender neutral, providing for marriage between two persons rather than specifying “man and woman.” The Senate is expected to vote on this next week, with some saying as early as Monday. Read about how legalizing same-sex marriage can impact child welfare.
- Omnibus HHS finance bill: H.F. 1233 is still in conference committee. You can listen to archived meeting minutes here. Read my last blog post for more information on this bill.
Have thoughts on any of these bills? Leave a comment below!