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MN SF667

Bill

Status

Passed

3/16/2023

Primary Sponsor

Mary Kunesh-Podein

Click for details

Origin

Senate

93rd Legislature 2023-2024

AI Summary

SF667 Summary: Minnesota Indian Family Preservation Act Amendments

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary Finance and Civil Law2/28/2023
Finance2/13/2023
Judiciary and Public Safety2/8/2023
Health and Human Services1/25/2023

Full Bill Text

No bill text available