1.1.................... moves to amend H.F. No. 1423, the first engrossment, as follows:
1.2Page 9, line 15, delete "adoption assistance program" and insert "commissioner"
1.3Page 9, line 17, after "parent" insert "step parent"
1.4Page 9, line 19, delete "resides" and insert "resided" and after involvement insert
1.5"unless:"
1.6Page 9, after line 19, insert:
1.7    "(i) the child was in the custody of a Minnesota county or tribal agency pursuant to
1.8an order under chapter 260C or equivalent provisions of tribal code and the agency had
1.9placement and care responsibility for permanency planning for the child; and
1.10    (ii) the child is under guardianship of the commissioner of human services according
1.11to the requirements of section 260C.325, subdivision 1, paragraphs (a) and (b), or
1.12subdivision 3, paragraphs (a) and (b), or is a ward of a Minnesota tribal court after
1.13termination of parental rights, suspension of parental rights, or a finding by the tribal court
1.14that the child cannot safely return to the care of the parent;"
1.15Page 29, line 24, after "placement" insert "according to the requirements of section
1.16260C.212, subdivision 2"
1.17Page 31, line 23, after "chapter" insert ". The requirements of the Minnesota
1.18Parentage Act, section 257.51 to 257.74, must be followed unless otherwise specified in
1.19this section."
1.20Page 31, line 24, before "by" insert "(b) An action to establish a parent and child
1.21relationship under this chapter must be commenced"
1.22Page 31, line 24, delete the second "the"
1.23Page 31, line 25, delete everything before "as" and insert "all required parties under
1.24the Minnesota Parentage Act"
1.25Page 31, line 28, after the period insert "(c)"
1.26Page 31, line 34, delete "(b)" and insert "(d)"
1.27Page 31, line 35, delete "when" and insert "unless" and delete the third "of"
2.1Page 32, delete line 1, and insert "has already been adjudicated under the Minnesota
2.2Parentage Act or a recognition"
2.3Page 32, line 2, delete "section 257.75" and insert "the Minnesota Parentage Act"
2.4and after "recognition" insert "of parentage"
2.5Page 32, line 4, delete everything after "257.66" and insert ". If genetic testing is
2.6ordered, a positive"
2.7Page 32, after line 5, insert:
2.8    "(e) A copy of the order establishing the parent and child relationship shall be filed
2.9in family court."
2.10Page 32, line 16, after "adoption" insert "finalization hearings under section
2.11260C.629"
2.12Page 36, line 8, strike the first "the" and delete "child" and strike "and"
2.13Page 36, after line 10, insert:
2.14    "(b) At all hearings, the child is entitled to be heard, to present evidence material to
2.15the case, and to cross examine witnesses appearing at the hearing."
2.16Page 36, line 11, delete "(b)" and insert "(c)"
2.17Page 37, line 7, after "259.41" insert "and section 259.53, subdivision 3a"
2.18Page 42, after line 4, insert:
2.19    "(d) If the agency's efforts under section 260C.221 are found to be sufficient, the
2.20court shall order the agency to continue to appropriately engage relatives who responded
2.21to the notice under section 260C.221 in placement and case planning decisions and to
2.22appropriately engage relatives who subsequently come to the agency's attention."
2.23Page 42, line 5, delete "(d)" and insert "(e)"
2.24Page 42, line 11, delete "(e)" and insert "(f)"
2.25Page 42, line 13, delete "(f)" and insert "(g)"
2.26Page 42, line 14, strike "a sibling" and insert "siblings" and strike "are" and insert
2.27"were" and delete the new language
2.28Page 42, line 15, delete the new language
2.29Page 42, line 19, strike "may" and insert "must"
2.30Page 42, line 20, strike "review" and insert "order" and strike "agency's" and insert
2.31"agency to implement the"
2.32Page 44, line 11, after "search" insert "and has appropriate engaged relatives who
2.33responded to the notice under section 260C.221 and other relatives, who came to the
2.34attention of the agency after notice under section 260C.221 was sent, in placement and
2.35case planning decisions"
3.1Page 44, line 13, after "of" insert "an unlicensed relative according to the
3.2requirements of section 245A.035," and after "relative" insert a comma
3.3Page 45, line 24, after the period insert "The court must order the agency to continue
3.4to appropriately engage relatives who responded to the notice under section 260C.221
3.5in placement and case planning decisions and to engage other relatives who came to the
3.6agency's attention after notice under section 260C.221 was sent."
3.7Page 46, line 5, after "delay" insert "and whenever the child must move from or be
3.8returned to foster care"
3.9Page 46, line 6, strike "reasonable and"
3.10Page 46, line 7, after the period insert "After a finding that the agency has made
3.11reasonable efforts to conduct the relative search under this paragraph, the agency has the
3.12continuing responsibility to appropriately involve relatives, who have responded to the
3.13notice required under paragraph (a), in planning for the child and to continue to consider
3.14relatives according to the requirements of section 260C.212, subdivision 2. At any time
3.15during the course of juvenile protection proceedings, the court may order the agency to
3.16reopen its search for relatives when it is in the child's best interest to do so."
3.17Page 46, line 8, strike the first "of the child"
3.18Page 46, line 9, after the period insert "The search shall also include getting
3.19information from the child in an age appropriate manner about who the child considers
3.20to be family members and important friends with whom the child has resided or had
3.21significant contact. The relative search required under this section must fulfill the agency's
3.22duties under the Indian Child Welfare Act regarding active efforts to prevent the breakup
3.23of the Indian family under 25 USC 1912(d) and to meet placement preferences under
3.2425 USC 1915."
3.25Page 46, line 17, before "relative" insert "potential"
3.26Page 46, line 21, after "notice" insert ". "Participate in the care and planning"
3.27includes, but is not limited to, participation in case planning for the parent and child,
3.28identifying the strengths and needs of the parent and child, supervising visits, providing
3.29respite and vacation visits for the child, providing transportation to appointments,
3.30suggesting other relatives who might be able to help support the case plan, and to the
3.31extent possible, helping to maintain the child's familiar and regular activities and contact
3.32with friends and relatives"
3.33Page 46, line 22, strike "and"
3.34Page 46, line 26, strike the period and insert "; and"
3.35Page 46, after line 26, insert:
4.1    "(5) of the relatives' right to ask to be notified of any court proceedings regarding
4.2the child, to attend the hearings, and of a relative's right or opportunity to be heard by the
4.3court as required under section 260C.152, subdivision 5."
4.4Page 47, line 28, strike the first "may" and insert "must"
4.5Page 51, line 27, after "children" insert "taking into consideration the needs of
4.6children outline at section 260C.212, subdivision 2, paragraph (b)"
4.7Page 52, line 7, before "consult" insert "shall " and delete "as needed"
4.8Page 60, line 19, after the period, insert "The child or the child's guardian ad litem
4.9may file a motion asking the court to review the agency's determination within 15 days of
4.10receiving the notice. The child shall not be discharged from foster care until the motion
4.11is heard."
4.12Page 60, line 22, delete "appeal the termination under section 256.045" and insert
4.13"have the agency's determination reviewed by the court in the proceeding where the court
4.14conducts the reviews required under sections 260C.203, 260C.515, subdivisions 5 or
4.156, or 260C.607, subdivision 4"
4.16Page 60, line 24, delete everything after "court"
4.17Page 60, line 25, delete everything before "The"
4.18Page 66, line 22, delete "may" and insert "must be filed not later than the date for the
4.19required admit/deny hearing under section 260C.507; or if the agency's petition is filed
4.20under section 260C.503, subdivision 2, the petition must be filed not later than 30 days
4.21prior to the trial required under section 260C.509; and"
4.22Page 66, delete lines 23 to 26
4.23Page 72, line 36 delete "one of"
4.24Page 73, line 33, delete "and" and insert "or"
4.25Page 74, line 3, delete "and"
4.26Page 74, line 4 delete the period and insert "; and"
4.27Page 74, after line 4, insert:
4.28    "(8) the child's attorney."
4.29Page 75, line 5, delete everything after "adoption" and insert "who is a resident
4.30of Minnesota"
4.31Page 75, line 6, delete "motion"
4.32Page 75, line 25, delete "adoptive" and insert "the execution of the adoption" and
4.33after "placement" insert "agreement as required under section 260C.613, subdivision 1."
4.34Page 78, lines 21, 29, 30, and 33, delete "19" and insert "18"
4.35Page 79, lines 2 and 5, delete "19" and insert "18"
4.36Page 81, after line 5, insert:
5.1    "(c) If a request for a communication or contact agreement is made and the agency
5.2agrees that communication or contact would be in the child's best interest, if the agency
5.3has not already done so, the agency must counsel the adoptive parent regarding the
5.4benefits to the child of the continued communication or contact."
5.5Page 81, line 6, delete "(c)" and insert "(d)"
5.6Page 81, line 11, delete "(d)" and insert "(e)"
5.7Page 81, line 15, delete "(e)" and insert "(f)"
5.8Page 86, line 8, after the period, insert "The first name of the adopted child can only
5.9be changed upon the request of the child when the child is age 10 or older."