1.1.................... moves to amend H.F. No. 749, the first engrossment, 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. Definitions. (a) As used in this section, the following terms have the
2.4meanings given.
2.5(b) "Eligible child" means a minor who is:
2.6(1) at least ten years of age;
2.7(2) younger than ten years of age, providing that a sibling who is at least ten years
2.8of age is a party to the proceeding involving the reestablishment of the legal parent and
2.9child relationship;
2.10(3) younger than ten years of age only if the county attorney and the responsible
2.11social services agency agree; or
2.12(4) an Indian child, as that term is defined in section 260C.007, subdivision 21.
2.13(c) "Reestablishment of the legal parent and child relationship" means the physical
2.14reunification of a child and a previously terminated birth parent and restoration of all
2.15rights, powers, privileges, immunities, duties, and obligations that were severed and
2.16terminated by the court under section 260C.317.
2.17    Subd. 3. Process for minors; who may motion. (a) Any of the following parties
2.18may bring a motion for reestablishment of the legal parent and child relationship:
2.19(1) an eligible child who is the subject of a guardianship and transfer of legal
2.20custody order under section 260C.325;
2.21(2) a parent of an eligible child whose parental rights have been terminated under
2.22section 260C.317, other than a parent:
2.23(i) whose parental rights were terminated based on a finding in a legal proceeding of
2.24sexual abuse or conduct that resulted in the death of a minor; or
2.25(ii) who has been convicted of any crime enumerated under section 260C.007,
2.26subdivision 14;
2.27(3) the eligible child's guardian ad litem;
2.28(4) the tribe of an eligible Indian child; or
2.29(5) the responsible social services agency for an eligible child.
2.30(b) A motion for reestablishment of the legal parent and child relationship may
2.31not be brought:
2.32(1) if a prior motion for reestablishment of the legal parent and child relationship has
2.33been brought within the previous two years;
2.34(2) if fewer than 36 months have elapsed since a final order terminating parental
2.35rights and freeing the eligible child for adoption and the child remains in foster care;
3.1(3) if the eligible child has been adopted, at least one adoptive parent is living, and
3.2that adoptive parent's parental rights have not been voluntarily or involuntarily terminated;
3.3(4) if the eligible child is the subject of a written adoption placement agreement
3.4between the responsible social services agency and the prospective adoptive parent, as
3.5required under Minnesota Rules, part 9560.0060, subpart 2; or
3.6(5) by any party other than the eligible child, if a motion for reestablishment of the
3.7legal parent and child relationship has been brought at any previous time and the child did
3.8not agree to the reestablishment.
3.9    Subd. 4. Process for minors; timing, jurisdiction, and content of motion. The
3.10motion for reestablishment of the legal parent and child relationship must:
3.11(1) be brought before the eligible child's 18th birthday;
3.12(2) be brought before the court that issued the order for guardianship and legal
3.13custody and conducts the reviews required under section 260C.317, subdivision 3,
3.14paragraphs (b) or (c);
3.15(3) state the factual basis for the request for reestablishment of the legal parent and
3.16child relationship;
3.17(4) contain the names, addresses, telephone numbers, and other contact information
3.18for any person or agency entitled under this section to notice of the motion; and
3.19(5) contain or attach documentary evidence showing the basis for reestablishment
3.20of the legal parent and child relationship.
3.21    Subd. 5. Process for minors; service on parties of motion. The motion for
3.22reestablishment of the legal parent and child relationship and notice of hearing on the
3.23motion must be served on:
3.24(1) the eligible child's foster parent; and
3.25(2) all persons or entities having standing to bring a motion under this section,
3.26provided that a parent whose rights have been terminated and who is not the subject of the
3.27motion is not entitled to notice of the hearing.
3.28    Subd. 6. Process for minors; preliminary hearing on motion. (a) A preliminary
3.29hearing on the motion must be conducted during a regularly scheduled review hearing.
3.30(b) The court must determine whether the motion states a prima facie case that:
3.31(1) the parent is fit to safely provide the day-to-day care of the eligible child, which
3.32includes meeting the child's developmental and emotional needs, and can plan and provide
3.33for the child's long-term needs; and
3.34(2) the conditions that led to either an adjudication that the eligible child was in need
3.35of protection or services or to an order terminating parental rights have been corrected
3.36or ameliorated.
4.1(c) The person filing the motion has the burden of proof. The court may not shift the
4.2burden to any other party.
4.3(d) The court must deny the motion and the matter may not proceed with the
4.4evidentiary hearing if the court finds that the motion does not state the prima facie case
4.5required under paragraph (b).
4.6    Subd. 7. Process for minors; guardian ad litem report; opportunity for minor
4.7testimony. (a) The responsible social services agency and the child's guardian ad litem,
4.8unless a moving party, must file with the court the report required under the Minnesota
4.9Rules of Juvenile Protection for hearings conducted under section 260C.317, subdivision
4.103, paragraphs (b) and (c), at least five days prior to the hearing. The report must support or
4.11oppose the motion for reestablishment of the legal parent and child relationship, and must
4.12include the facts and evidence upon which support or opposition is based. The responsible
4.13social services agency's report must include an assessment of whether the parent's home
4.14constitutes a safe environment for the eligible child.
4.15(b) Prior to the evidentiary hearing as provided in subdivision 8, the court may
4.16accept testimony voluntarily offered by an eligible child who is the petitioner or subject
4.17of the petition. The testimony may be provided informally under section 260C.163,
4.18subdivision 6.
4.19    Subd. 8. Process for minors; evidentiary hearing. The court may grant the motion
4.20ordering reestablishment of the legal parent and child relationship between the child and a
4.21parent who had a previous legal relationship if:
4.22(1) the eligible child is not currently the legal child of an adoptive parent who is
4.23living;
4.24(2) the eligible child is not the subject of a written adoption placement agreement
4.25between the responsible social services agency and the prospective adoptive parent, as
4.26required under Minnesota Rules, part 9560.0060, subpart 2;
4.27(3) at least 36 months have elapsed following a final order terminating parental
4.28rights and freeing the child for adoption and the child remains in foster care; and
4.29(4) the court makes detailed and individualized findings that there is clear and
4.30convincing evidence that reestablishment of the legal parent and child relationship is in
4.31the child's best interests including:
4.32(i) that the conditions that led to either an adjudication that the eligible child was in
4.33need of protection or services or an order terminating parental rights have been corrected
4.34or ameliorated;
4.35(ii) that there is agreement by the eligible child to reestablishment of the legal parent
4.36and child relationship;
5.1(iii) that reestablishment of the legal parent and child relationship achieves the
5.2physical reunification of the parent and eligible child as a family unit;
5.3(iv) that the parent is presently fit to safely maintain the day-to-day care of the
5.4eligible child; and
5.5(v) any other factor the court considers relevant to the best interests of the eligible
5.6child, including the legal and actual effect reestablishment of the legal parent and child
5.7relationship will have on the child's relationship with the child's siblings, especially
5.8siblings in the same foster home as the child.
5.9In making the determination of whether to grant the motion ordering reestablishment
5.10of the legal parent and child relationship, the court must consider as the paramount
5.11determinant whether the order is in the eligible child's best interests.
5.12    Subd. 9. Process for minors; service of order. The court administrator must serve:
5.13(1) a copy of the final court order granting or denying the motion for reestablishment
5.14of the legal parent and child relationship on all persons or entities entitled under
5.15subdivision 5 to bring a motion for reestablishment; and
5.16(2) a certified copy of any order for reestablishment of the legal parent and child
5.17relationship on the commissioner of human services.
5.18    Subd. 10. Process for persons over 18 years of age. (a) Notwithstanding
5.19subdivision 4, the following parties may bring a motion for reestablishment of the legal
5.20parent and child relationship:
5.21(1) a person at least 18 years of age who was the subject of a guardianship and
5.22transfer of legal custody order under section 260C.325 and who is not currently the legal
5.23child of an adoptive parent who is living; or
5.24(2) a parent whose rights have been terminated under section 260C.317 regarding
5.25the person described in clause (1).
5.26(b) The motion must be filed in the county and before the court that issued the order
5.27terminating parental rights, and must contain:
5.28(1) a statement that the person and the parent whose rights have been terminated
5.29both agree to reestablishment of the legal parent and child relationship;
5.30(2) a statement that both the person and the parent whose rights have been terminated
5.31are competent to agree to reestablishment of the legal parent and child relationship;
5.32(3) the facts showing that it is in the person's interest to reestablish the legal parent
5.33and child relationship; and
5.34(4) the names and addresses of any natural person or agency entitled to notice of the
5.35motion under paragraph (c) of this subdivision.
6.1(c) The court must set a time for hearing the motion, and serve notice of the time
6.2of the hearing together with a copy of the motion upon:
6.3(1) the person whose legal relationship with the parent would be reestablished;
6.4(2) the previously terminated birth parent who is the movant or the subject of the
6.5person's motion;
6.6(3) any guardian, as that term is defined under section 524.1-201;
6.7(4) the responsible social services agency if the person had been under guardianship
6.8of the commissioner and remains in foster care under the legal responsibility of the agency;
6.9(5) the person's foster parent if the person had been under the guardianship of the
6.10commissioner and remains in foster care under the legal responsibility of the agency; and
6.11(6) if the person is an Indian, the person's tribe.
6.12(d) Upon motion and hearing, the court must grant the motion ordering the
6.13reestablishment of the legal parent and child relationship if:
6.14(1) the person understands and agrees to the order, provided that the agreement of
6.15the person is invalid if the person is either considered to be a vulnerable adult under
6.16section 626.5572, subdivision 21, or determined not to be competent to give consent;
6.17(2) the person, if under age 21, has been informed by the court and understands that
6.18reestablishment of the parent and child relationship terminates any entitlement to benefits
6.19otherwise available to a child in foster care;
6.20(3) the person's previously terminated birth parent agrees to the order;
6.21(4) the person has not been adopted; and
6.22(5) if the person has been or currently is under guardianship, the court finds that
6.23order to be in the best interests of the person.
6.24(e) The order granting or denying the motion for reestablishment of the legal parent
6.25and child relationship must be served on:
6.26(1) the person;
6.27(2) the previously terminated birth parent;
6.28(3) any guardian, as that term is defined under section 524.1-201;
6.29(4) the responsible social services agency if the former ward continues in foster
6.30care; and
6.31(5) if applicable, the person's tribe.
6.32    Subd. 11. No right to appointed counsel. A motion for reestablishment of the
6.33legal parent and child relationship made under this chapter does not provide a right to
6.34the appointment of counsel to the parent under section 260C.163, subdivision 3, or the
6.35Rules of Juvenile Protection Procedure, section 25.02, subdivision 2. Nothing in this
7.1subdivision affects the representation of a child with appointed counsel under subdivision
7.22 or 3 of this section.
7.3    Subd. 12. Effect of order. (a) As of the effective date of a court order providing
7.4reestablishment of the legal parent and child relationship:
7.5(1) the child or person is the legal child of the parent;
7.6(2) the parent whose rights were terminated under a previous order of the court as the
7.7legal parent of the child or person is the legal parent of the child or person and all rights,
7.8powers, privileges, immunities, duties, and obligations that were severed and terminated
7.9by the court under section 260C.317 are restored;
7.10(3) if applicable, guardianship and legal custody of the commissioner of human
7.11services is dismissed; and
7.12(4) with respect to a minor child, permanent legal and physical custody of the child
7.13is awarded to the parent.
7.14(b) An order providing reestablishment of the legal parent and child relationship as
7.15to one parent of the child has no effect on:
7.16(1) the legal rights of any other parent whose rights to the child have been terminated
7.17by the court; or
7.18(2) the legal sibling relationship between the child or person and any other children
7.19of the parent.
7.20(c) Where a child is a minor, the reestablishment of the legal parent and child
7.21relationship:
7.22(1) removes the presumption of palpable unfitness under section 260C.301,
7.23subdivision 1, paragraph (b), clause (4), that otherwise would have arisen due to any
7.24involuntary termination of parental rights order and the subsequent birth of another child
7.25of the parent; and
7.26(2) eliminates the requirement that the county attorney file a termination of parental
7.27rights or child in need of protection or services petition due to an involuntary termination
7.28of parental rights order and subsequent birth of a child to the parent that would have
7.29otherwise arisen under section 260C.301, subdivision 3, paragraph (a), and 260C.007,
7.30subdivision 6, paragraph (16), and rebuts the presumption under section 260C.301,
7.31subdivision 1, paragraph (b), clause (4) in the event such a petition is filed."
7.32Renumber the sections in sequence and correct the internal references
7.33Amend the title accordingly