MN HF749

Creates the Family Reunification Act of 2012, establishing a legal process for reestablishing parent-child relationships after parental rights have been terminated, with juvenile court jurisdiction over such proceedings.

Allows eligible children (age 10 and older, or younger if a sibling age 10+ is involved or if county attorney and social services agency agree) to petition for restoration of legal parent-child relationships, with exceptions for parents convicted of certain crimes or whose rights were terminated due to sexual abuse or conduct resulting in a child's death.

Requires a two-step court process: a preliminary hearing to determine if the motion states a prima facie case that conditions leading to termination have been corrected and the parent is fit, followed by an evidentiary hearing where the court must find by clear and convincing evidence that reestablishment is in the child's best interests.

Permits persons age 18 and older whose parental rights were terminated to petition for reestablishment with their previously terminated parent's agreement, requiring court findings that both parties understand and agree to the order and that it is in the person's best interests.

Upon granting an order, restores all parental rights, powers, privileges, and duties that were previously severed, dismisses any guardianship of the commissioner of human services, and removes presumptions of parental unfitness in subsequent child welfare cases involving that parent.