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2015 Minnesota Statutes

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Found 99 matches for termination of parental rights

260C.301 TERMINATION Next Previous OF Next Previous PARENTAL Next Previous RIGHTS Next .

Subdivision 1.Voluntary and involuntary.

The juvenile court may upon petition, terminate all Previous rights Next Previous of Next a parent to a child:

(a) with the written consent Previous of Next a parent who for good cause desires to terminate Previous parental Next Previous rights Next ; or

(b) if it finds that one or more Previous of Next 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 Previous of Next the petition or reasonable efforts would be futile and therefore unreasonable;

(3) that a parent has been ordered to contribute to the support Previous of Next 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 Previous termination Next Previous of Next Previous parental Next Previous rights Next Previous of Next a noncustodial parent if that parent has not been ordered to or cannot financially contribute to the support Previous of Next 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 Previous of Next a consistent pattern Previous of Next specific conduct before the child or Previous of Next specific conditions directly relating to the parent and child relationship either Previous of Next which are determined by the court to be Previous of Next 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 Previous of Next 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 Previous parental Next Previous rights Next to one or more other children were involuntarily terminated or that the parent's custodial Previous rights Next to another child have been involuntarily transferred to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e), clause (1), section 260C.515, subdivision 4, or a similar law Previous of Next another jurisdiction;

(5) that following the child's placement out Previous of Next the home, reasonable efforts, under the direction Previous of Next 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 Previous of Next the Previous parental Next home under court order for a cumulative period Previous of Next 12 months within the preceding 22 months. In the case Previous of Next a child under age eight at the time the petition was filed alleging the child to be in need Previous of Next protection or services, the presumption arises when the child has resided out Previous of Next the Previous parental Next 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 Previous termination Next Previous of Next Previous parental Next Previous rights Next prior to one year, or in the case Previous of Next a child under age eight, prior to six months after a child has been placed out Previous of Next 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 Previous of Next a nature, duration, or chronicity that indicates a lack Previous of Next regard for the child's well-being, such that a reasonable person would believe it contrary to the best interest Previous of Next the child or Previous of Next any child to be in the parent's care;

(7) that in the case Previous of Next 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 Previous of Next 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 Previous of Next a crime listed in section 260.012, paragraph (g), clauses (1) to (5).

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 Previous of Next this section are inconsistent with those laws.

Subd. 2.Evidence Previous of Next abandonment.

For purposes Previous of Next 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 Previous of Next 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 Previous of Next the presumptions in clauses (1) and (2).

(b) The following are prima facie evidence Previous of Next abandonment where there has been a showing that the person was not entitled to notice Previous of Next 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 Previous of Next paternity within 30 days Previous of Next receipt Previous of Next notice under section 259.52, subdivision 8;

(ii) failing to timely file an intent to claim Previous parental Next Previous rights Next with entry Previous of Next appearance form within 30 days Previous of Next receipt Previous of Next notice under section 259.52, subdivision 10; or

(iii) timely filing an intent to claim Previous parental Next Previous rights Next with entry Previous of Next appearance form within 30 days Previous of Next receipt Previous of Next notice under section 259.52, subdivision 10, but failing to initiate a paternity action within 30 days Previous of Next receiving the fathers' adoption registry notice where there has been no showing Previous of Next good cause for the delay.

Subd. 3.

[Repealed, 2013 c 125 art 1 s 108]

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 Previous termination Next Previous of Next Previous parental Next Previous rights Next petition or a petition to transfer permanent legal and physical custody to a relative under section 260C.515, subdivision 4, for all children who have been in out-of-home care for 15 Previous of Next 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 Previous termination Next Previous of Next Previous parental Next Previous rights Next petition or other permanency petition would not be in the best interests Previous of Next the child or if the responsible social services agency has not provided reasonable efforts necessary for the safe return Previous of Next the child, if reasonable efforts are required.

Subd. 5.Adoptive parent.

For purposes Previous of Next subdivision 1, clause (a), an adoptive parent may not terminate Previous parental Next Previous rights Next to an adopted child for a reason that would not apply to a birth parent seeking Previous termination Next Previous of Next Previous parental Next Previous rights Next to a child under subdivision 1, clause (a).

Subd. 6.When prior finding required.

For purposes Previous of Next subdivision 1, clause (b), no prior judicial finding Previous of Next 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 Previous of Next child paramount.

In any proceeding under this section, the best interests Previous of Next 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 Previous of Next the child must be determined consistent with the Indian Child Welfare Act Previous of Next 1978, United States Code, title 25, section 1901, et seq. Where the interests Previous of Next parent and child conflict, the interests Previous of Next 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 finalize the permanency plan to reunify the child and the parent were made including individualized and explicit findings regarding the nature and extent Previous of efforts made by the social services agency to rehabilitate the parent and reunite the family; or

(2) that reasonable efforts for reunification are not required as provided under section 260.012.

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