Title Minnesota Statutes, Minnesota Statutes

257.03 NOTICE TO COMMISSIONER OF CHILDREN, YOUTH, AND FAMILIES. Any person not exempted from the requirement for licensure under chapter 142B receiving a child in the person's home: (1) because of the death, injury, or illness of the child's parent if the person intends to keep t…

257.035 EMERGENCY. A relative who acts to protect a child in an emergency or when a parent dies is not a custodian as defined under section 260C.007. If the relative is unable or unwilling to provide for the ongoing care, custody, and control of the child, the child may be consid…

257.04 INVESTIGATION. Upon receipt of the notice provided for in section 257.03 the commissioner of children, youth, and families or a designated agent of the commissioner shall visit the child and the home and shall continue to visit and supervise the home and the child or take …

257.05 IMPORTATION. § Subdivision 1.Notification and duties of commissioner. No person, except as provided by subdivisions 2 and 3, shall bring or send into the state any child for the purpose of placing the child out or procuring the child's adoption without first obtaining the …

257.06 EXPORTATION. No person except a parent or guardian may take or send a child out of the state for purposes of placing the child in foster care without first obtaining the approval of the commissioner of children, youth, and families. History: (4565) Ex1919 c 51 s 6; 1955 c …

257.065 AUTHORIZED CHILD-PLACING AGENCY DEFINITION. For the purposes of this chapter and chapter 259, "authorized child-placing agency" means the local social service agency under the authority of the local social services agency or human service board, or any agency licensed by …

257.0651 COMPLIANCE WITH INDIAN CHILD WELFARE ACT. Sections 257.03 to 257.0725 and 260C.208 to 260C.215 must be construed consistently with the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963. History: 1993 c 291 s 1; 1999 c 139 art 4 s 2; 1S…

257.066 RULES. By December 31, 1989, the commissioner of children, youth, and families shall revise Minnesota Rules, parts 9545.0750 to 9545.0830, 9560.0010 to 9560.0180, and 9560.0500 to 9560.0670 to ensure that, as conditions of licensure, social services and child-placing agen…

257.0725 ANNUAL REPORT. (a) The commissioner of children, youth, and families shall publish an annual report on child maltreatment and on children in out-of-home placement. The commissioner shall confer with counties, child welfare organizations, child advocacy organizations, the…

257.0755 OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS; FUNCTION. § Subdivision 1.Creation. Each ombudsperson shall operate independently from but in collaboration with the community-specific board that appointed the ombudsperson under section 257.0768: the Minnesota Council o…

257.076 DEFINITIONS. § Subdivision 1.Scope. For the purposes of sections 257.0755 to 257.0768, the following terms shall have the meanings given them in this section. § Subd. 2.Agency. "Agency" means the divisions, officials, or employees of the state Departments of Human Service…

257.0761 ORGANIZATION OF OFFICE OF OMBUDSPERSON. § Subdivision 1.Staff; unclassified status; retirement. The ombudsperson for each group specified in section 257.0755 may select, appoint, and compensate out of available funds the assistants and employees as deemed necessary to di…

257.0762 DUTIES AND POWERS. § Subdivision 1.Duties. (a) Each ombudsperson shall monitor agency compliance with all laws governing child protection and placement, as they impact on children of color. In particular, the ombudsperson shall monitor agency compliance with sections 260…

257.0763 MATTERS APPROPRIATE FOR REVIEW. (a) In selecting matters for review, an ombudsperson should give particular attention to actions of an agency, facility, or program that: (1) may be contrary to law or rule; (2) may be unreasonable, unfair, oppressive, or inconsistent with…

257.0764 COMPLAINTS. An ombudsperson may receive a complaint from any source concerning an action of an agency, facility, or program. After completing a review, the ombudsperson shall inform the complainant, agency, facility, or program. Services to a child shall not be unfavorab…

257.0765 RECOMMENDATIONS TO AGENCY. (a) If, after reviewing a complaint or conducting an investigation and considering the response of an agency, facility, or program and any other pertinent material, the ombudsperson determines that the complaint has merit or the investigation r…

257.0766 RECOMMENDATIONS AND PUBLIC REPORTS. § Subdivision 1.Specific reports. An ombudsperson may send conclusions and suggestions concerning any matter reviewed to the governor and shall provide copies of all reports to the advisory board and to the groups specified in section …

257.0767 CIVIL ACTIONS. The ombudsperson and designees are not civilly liable for any action taken under sections 257.0755 to 257.0768 if the action was taken in good faith, was within the scope of the ombudsperson's authority, and did not constitute willful or reckless misconduc…

257.0768 COMMUNITY-SPECIFIC BOARDS. § Subdivision 1.Membership. Three community-specific boards are created. Each board consists of five members. The chair of each of the following groups shall appoint the board for the community represented by the group: the Minnesota Council on…

257.0769 FUNDING FOR THE OMBUDSPERSON PROGRAM. § Subdivision 1.Appropriations. (a) $23,000 from the special account authorized by section 256.01, subdivision 2, paragraph (n), is annually appropriated to the Office of Ombudsperson for American Indian Families for the purpose of s…

257.34 DECLARATION OF PARENTAGE. § Subdivision 1.Acknowledgment by parents. The mother and father of a child born to a mother who was not married to the child's father when the child was conceived nor when the child was born may, in a writing signed by both of them before a notar…

257.51 CITATION. Sections 257.51 to 257.74 may be cited as the Parentage Act. History: 1980 c 589 s 1

257.52 PARENT AND CHILD RELATIONSHIP DEFINED. As used in sections 257.51 to 257.74, "parent and child relationship" means the legal relationship existing between a child and the child's biological or adoptive parents incident to which the law confers or imposes rights, privileges…

257.53 RELATIONSHIP NOT DEPENDENT ON MARRIAGE. The parent and child relationship may exist regardless of the marital status of the parents. History: 1980 c 589 s 3

257.54 HOW PARENT AND CHILD RELATIONSHIP ESTABLISHED. The parent and child relationship between a child and: (a) the biological mother may be established by proof of her having given birth to the child, or under sections 257.51 to 257.74 or 257.75; (b) the biological father may b…

257.541 CUSTODY AND PARENTING TIME WITH CHILDREN BORN OUTSIDE OF MARRIAGE. § Subdivision 1.Mother's right to custody. The biological mother of a child born to a mother who was not married to the child's father when the child was born and was not married to the child's father when…

257.55 PRESUMPTION OF PATERNITY. § Subdivision 1.Presumption. A man is presumed to be the biological father of a child if: (a) he and the child's biological mother are or have been married to each other and the child is born during the marriage, or within 280 days after the marri…

257.57 DETERMINATION OF FATHER AND CHILD RELATIONSHIP; WHO MAY BRING ACTION; WHEN ACTION MAY BE BROUGHT. § Subdivision 1.Actions under section 257.55, subdivision 1, paragraph (a), (b), or (c). A child, the child's biological mother, or a man presumed to be the child's father und…

257.58 LIMITATION OF ACTIONS; EXCEPTIONS. § Subdivision 1.Actions for children without a presumed father. Except as otherwise provided in section 259.52, an action to determine the existence of the father and child relationship as to a child who has no presumed father under secti…

257.59 JURISDICTION; VENUE. § Subdivision 1.Court jurisdiction. The district court has jurisdiction of an action brought under sections 257.51 to 257.74. The action may be joined with an action for dissolution, annulment, legal separation, custody under chapter 518, or reciprocal…

257.60 PARTIES. The child may be made a party to the action. If the child is a minor and is made a party, a general guardian or a guardian ad litem shall be appointed by the court to represent the child. The child's mother or father may not represent the child as guardian or othe…

257.61 PRETRIAL PROCEEDINGS. As soon as practicable, after an action to declare the existence or nonexistence of the father and child relationship has been brought, a pretrial hearing shall be held in accordance with the Rules of Civil Procedure. The public shall be barred from t…

257.62 BLOOD AND GENETIC TESTS. § Subdivision 1.Blood or genetic tests required. (a) The court or public authority may, and upon request of a party shall, require the child, mother, or alleged father to submit to blood or genetic tests. A mother or alleged father requesting the t…

257.63 EVIDENCE RELATING TO PATERNITY. § Subdivision 1.Included evidence. Evidence relating to paternity may include: (1) evidence of sexual intercourse between the mother and alleged father at any possible time of conception; (2) an expert's opinion concerning the statistical pr…

257.64 PRETRIAL ORDERS AND RECOMMENDATIONS. § Subdivision 1.Permissible orders and recommendations. On the basis of the information produced at the pretrial hearing, including information as to the financial status of the parties, the court may: (a) recommend that the alleged fat…

257.65 CIVIL ACTION. An action under sections 257.51 to 257.74 is a civil action governed by the Rules of Civil Procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify. Sections 257.62 and 257.63 apply to proceedings unde…

257.651 DEFAULT ORDER OF PARENTAGE. In an action to determine the existence of the father and child relationship under sections 257.51 to 257.74, if the alleged father fails to appear at a hearing after service duly made and proved, the court shall enter a default judgment or ord…

257.66 JUDGMENT OR ORDER. § Subdivision 1.Determinative. The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes. § Subd. 2.New birth record. If the judgment or order of the court is at va…

257.67 ENFORCEMENT OF JUDGMENT OR ORDER. § Subdivision 1.Who may enforce; determinations from other states. If existence of the parent and child relationship is declared, or parentage or a duty of support has been acknowledged or adjudicated under sections 257.51 to 257.74 or und…

257.68 MODIFICATION OF JUDGMENT OR ORDER. A court entering a judgment or order for the payment of a lump sum under section 257.66, subdivision 4, may specify that the judgment or order may not be modified or revoked. History: 1980 c 589 s 18

257.69 RIGHT TO COUNSEL; COSTS; FREE TRANSCRIPT ON APPEAL. § Subdivision 1.Representation by counsel. In all proceedings under sections 257.51 to 257.74, any party may be represented by counsel. The county attorney shall represent the public authority. In proceedings under sectio…

257.70 HEARINGS AND RECORDS; CONFIDENTIALITY. (a) Notwithstanding any other law concerning public hearings and records, any hearing or trial held under sections 257.51 to 257.74 shall be held in closed court without admittance of any person other than those necessary to the actio…

257.71 ACTION TO DECLARE MOTHER AND CHILD RELATIONSHIP. A child, the father or personal representative of the child, the public authority chargeable by law with the support of the child, the personal representative or a parent of the father if the father has died, a woman alleged…

257.72 PROMISE TO RENDER SUPPORT. § Subdivision 1.No consideration required. A person's signed promise to furnish support for a child, growing out of a supposed or alleged parent and child relationship, does not require consideration and is enforceable according to its terms, sub…

257.73 BIRTH RECORDS. § Subdivision 1.Replacement birth record. Upon compliance with the provisions of section 257.55, subdivision 1, paragraph (e), 257.75, or upon order of a court of this state or upon request of a court of another state, the state registrar of vital records sh…

257.74 ADOPTION; TERMINATION PROCEEDINGS. § Subdivision 1.Notification of father. If a mother relinquishes or proposes to relinquish for adoption a child who has: (1) a presumed father under section 257.55, subdivision 1; (2) a father whose relationship to the child has been dete…