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MN SF667
Bill
Status
3/16/2023
Primary Sponsor
Mary Kunesh-Podein
Click for details
AI Summary
SF667 Summary: Minnesota Indian Family Preservation Act Amendments
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Establishes state recognition of federally recognized Indian Tribes as sovereign entities with inherent authority over child custody and placement proceedings regardless of whether tribal members are on or off reservations.
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Defines "active efforts" as a rigorous standard requiring child-placing agencies to continuously involve the Indian child's Tribe and use prevailing social and cultural values to preserve Indian families, setting a higher standard than federal Title IV-E requirements.
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Creates emergency removal procedures allowing immediate removal of Indian children only to prevent imminent physical harm, with mandatory 72-hour hearings, 30-day limits unless court finds clear and convincing evidence, and expedited transfer to Tribal jurisdiction.
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Requires Indian Tribes receive prompt notice of all child placement proceedings, have right to intervene at any point, and establishes placement preferences prioritizing noncustodial parents, extended family members, and Tribe-approved placements before institutional care.
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Allows parents and Indian custodians to withdraw consent to voluntary placements and adoptions at any time before final decree, and permits invalidation of court orders upon showing of violations of notice, active efforts, or other statutory requirements.
Legislative Description
Minnesota Indian Family Preservation Act modifications
Last Action
Secretary of State, Filed
3/16/2023