Subdivision 1. Termination. If, after a hearing, the court finds by clear and convincing evidence that one or more of the conditions set out in section 260C.301 exist, it may terminate parental rights. Upon the termination of parental rights all rights, powers, privileges, immunities, duties, and obligations, including any rights to custody, control, visitation, or support existing between the child and parent shall be severed and terminated and the parent shall have no standing to appear at any further legal proceeding concerning the child. Provided, however, that a parent whose parental rights are terminated:
(1) shall remain liable for the unpaid balance of any support obligation owed under a court order upon the effective date of the order terminating parental rights; and
(2) may be a party to a communication or contact agreement under section 259.58.
Subd. 2. Order; terminating relationship. An order terminating the parent and child relationship shall not disentitle a child to any benefit due the child from any third person, agency, state, or the United States, nor shall any action under this section be deemed to affect any rights and benefits that a child derives from the child's descent from a member of a federally recognized Indian tribe.
Subd. 3. Order; retention of jurisdiction. (a) A certified copy of the findings and the order terminating parental rights, and a summary of the court's information concerning the child shall be furnished by the court to the commissioner or the agency to which guardianship is transferred.
(b) The orders shall be on a document separate from the findings. The court shall furnish the guardian a copy of the order terminating parental rights.
(c) When the court orders guardianship pursuant to this section, the guardian ad litem and counsel for the child shall continue on the case until an adoption decree is entered. An in-court appearance hearing must be held every 90 days following termination of parental rights for the court to review progress toward an adoptive placement and the specific recruitment efforts the agency has taken to find an adoptive family for the child and to finalize the adoption or other permanency plan. Review of the progress toward adoption of a child under guardianship of the commissioner of human services shall be conducted according to section 260C.607.
(d) Upon terminating parental rights or upon a parent's consent to adoption under Minnesota Statutes 2010, section 260C.201, subdivision 11, or section 260C.515, subdivision 5, resulting in an order for guardianship to the commissioner of human services, the court shall retain jurisdiction:
(1) until the child is adopted;
(2) through the child's minority; or
(3) as long as the child continues in or reenters foster care, until the individual becomes 21 years of age according to sections 260C.193, subdivision 6, and 260C.451.
Subd. 4. Rights of terminated parent. (a) Upon entry of an order terminating the parental rights of any person who is identified as a parent on the original birth record of the child as to whom the parental rights are terminated, the court shall cause written notice to be made to that person setting forth:
(1) the right of the person to file at any time with the state registrar of vital records a consent to disclosure, as defined in section 144.212, subdivision 11;
(2) the right of the person to file at any time with the state registrar of vital records an affidavit stating that the information on the original birth record shall not be disclosed as provided in section 144.2252; and
(3) the effect of a failure to file either a consent to disclosure, as defined in section 144.212, subdivision 11, or an affidavit stating that the information on the original birth record shall not be disclosed.
(b) A parent whose rights are terminated under this section shall retain the ability to enter into a contact or communication agreement under section 260C.619 if an agreement is determined by the court to be in the best interests of the child. The agreement shall be filed with the court at or prior to the time the child is adopted. An order for termination of parental rights shall not be conditioned on an agreement under section 260C.619.
1999 c 139 art 3 s 33; 2001 c 178 art 1 s 38; 1Sp2001 c 9 art 15 s 31,32; 2002 c 290 s 3; 2002 c 379 art 1 s 113; 2005 c 159 art 2 s 20; 2007 c 147 art 1 s 22; 2010 c 269 art 3 s 8; 2012 c 216 art 1 s 20,21; art 6 s 13; 2015 c 21 art 1 s 109
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 260C — Juvenile Safety And Placement
Section 260C.001 — Title, Intent, And Construction.
Section 260C.007 — Definitions.
Section 260C.008 — Foster Care Sibling Bill Of Rights.
Section 260C.050 — Expert Assistance.
Section 260C.101 — Jurisdiction.
Section 260C.125 — Case Transfer Process.
Section 260C.139 — Give Life A Chance; Safe Place For Newborns.
Section 260C.143 — Procedure; Habitual Truants, Runaways, Offenders.
Section 260C.148 — Procedure; Domestic Child Abuse.
Section 260C.151 — Summons; Notice.
Section 260C.152 — Service Of Summons, Notice.
Section 260C.154 — Failure To Obey Summons Or Subpoena; Contempt, Arrest.
Section 260C.157 — Investigation; Physical And Mental Examination.
Section 260C.165 — Certain Out-of-court Statements Admissible.
Section 260C.175 — Taking Child Into Custody.
Section 260C.176 — Release Or Detention.
Section 260C.177 — Parental And Law Enforcement Notification.
Section 260C.178 — Emergency Removal Hearing.
Section 260C.181 — Place Of Temporary Custody; Shelter Care Facility.
Section 260C.188 — Children In Custody; Responsibility For Medical Care.
Section 260C.190 — Family-focused Residential Placement.
Section 260C.193 — Dispositions; General Provisions.
Section 260C.202 — Court Review Of Foster Care.
Section 260C.203 — Administrative Or Court Review Of Placements.
Section 260C.204 — Permanency Progress Review For Children In Foster Care For Six Months.
Section 260C.208 — Information For Child Placement.
Section 260C.209 — Background Checks.
Section 260C.212 — Children In Placement.
Section 260C.215 — Welfare Of Children.
Section 260C.219 — Agency Responsibilities For Parents And Children In Placement.
Section 260C.221 — Relative Search And Engagement; Placement Consideration.
Section 260C.223 — Concurrent Permanency Planning.
Section 260C.225 — County Responsibility For Transitional Services Plans.
Section 260C.227 — Voluntary Foster Care; Required Court Review.
Section 260C.228 — Voluntary Foster Care; Child Is Colocated With Parent In Treatment Program.
Section 260C.229 — Voluntary Foster Care For Children Over Age 18; Required Court Review.
Section 260C.301 — Termination Of Parental Rights.
Section 260C.307 — Procedures In Terminating Parental Rights.
Section 260C.312 — Disposition; Parental Rights Not Terminated.
Section 260C.317 — Termination Of Parental Rights; Effect.
Section 260C.328 — Change Of Guardian; Termination Of Guardianship.
Section 260C.329 — Reestablishment Of The Legal Parent And Child Relationship.
Section 260C.331 — Costs Of Care.
Section 260C.405 — Violation Of An Order For Protection.
Section 260C.411 — New Evidence.
Section 260C.425 — Criminal Jurisdiction For Contributing To Need For Protection Or Services.
Section 260C.4411 — Pre-northstar Care For Children Foster Care Program.
Section 260C.4412 — Payment For Residential Placements.
Section 260C.4413 — Initial Clothing Allowance.
Section 260C.446 — Distribution Of Funds Recovered For Assistance Furnished.
Section 260C.451 — Foster Care Benefits Past Age 18.
Section 260C.452 — Successful Transition To Adulthood.
Section 260C.503 — Permanency Proceedings.
Section 260C.507 — Admit-deny Hearing.
Section 260C.511 — Best Interests Of The Child.
Section 260C.513 — Permanency Dispositions When Child Cannot Return Home.
Section 260C.515 — Permanency Disposition Orders.
Section 260C.517 — Findings And Content Of Order For Permanency Disposition.
Section 260C.519 — Further Court Hearings.
Section 260C.521 — Court Reviews After Permanency Disposition Order.
Section 260C.601 — Adoption Of Children Under Guardianship Of Commissioner.
Section 260C.603 — Definitions.
Section 260C.605 — Reasonable Efforts To Finalize An Adoption.
Section 260C.607 — Review Of Progress Toward Adoption.
Section 260C.609 — Social And Medical History.
Section 260C.611 — Adoption Study Required.
Section 260C.613 — Social Services Agency As Commissioner's Agent.
Section 260C.615 — Duties Of Commissioner.
Section 260C.617 — Sibling Placement.
Section 260C.619 — Communication And Contact Agreements.
Section 260C.621 — Jurisdiction And Venue.
Section 260C.623 — Adoption Petition.
Section 260C.625 — Documents Filed By Social Services Agency.
Section 260C.627 — Notice Of Adoption Proceedings.
Section 260C.629 — Finalization Hearing.
Section 260C.631 — Judgment And Decree.
Section 260C.633 — Adoption Denied.
Section 260C.635 — Effect Of Adoption.
Section 260C.637 — Access To Original Birth Record Information.
Section 260C.702 — Requirements For Placements In Qualified Residential Treatment Programs.
Section 260C.706 — Family And Permanency Team Requirements.
Section 260C.71 — Court Approval Requirements.
Section 260C.712 — Ongoing Reviews And Permanency Hearing Requirements.
Section 260C.714 — Review Of Extended Qualified Residential Treatment Program Placements.
Section 260C.80 — Office Of The Foster Youth Ombudsperson; Board.
Section 260C.81 — Organization Of The Office Of The Foster Youth Ombudsperson.