Am I able to forfeit my parental rights? Can I voluntarily emancipate my daughter?
Full Question:
My daughter is 16 years old. She refuses to follow my rules, is on probation for drugs and doesn't come home unless she feels like it. Am I able to forfeit my parental rights? Can I voluntarily emancipate her?
09/09/2007 |
Category: Minors ยป Emancipation... |
State: Minnesota |
#8562
Answer:
There is no emancipation statute in Minnesota. The following are MN statutes:
260C.301 TERMINATION OF PARENTAL RIGHTS.
Subdivision 1. Voluntary and involuntary. The juvenile court may upon petition, terminate
all rights of a parent to a child:
(a) with the written consent of a parent who for good cause desires to terminate parental
rights; or
(b) if it finds that one or more of the following conditions exist:
(1) that the parent has abandoned the child;
(2) that the parent has substantially, continuously, or repeatedly refused or neglected to
comply with the duties imposed upon that parent by the parent and child relationship, including
but not limited to providing the child with necessary food, clothing, shelter, education, and other
care and control necessary for the child's physical, mental, or emotional health and development,
if the parent is physically and financially able, and either reasonable efforts by the social services
agency have failed to correct the conditions that formed the basis of the petition or reasonable
efforts would be futile and therefore unreasonable;
(3) that a parent has been ordered to contribute to the support of the child or financially aid in
the child's birth and has continuously failed to do so without good cause. This clause shall not
be construed to state a grounds for termination of parental rights of a noncustodial parent if
that parent has not been ordered to or cannot financially contribute to the support of the child
or aid in the child's birth;
(4) that a parent is palpably unfit to be a party to the parent and child relationship because of a
consistent pattern of specific conduct before the child or of specific conditions directly relating to
the parent and child relationship either of which are determined by the court to be of a duration or
nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately
for the ongoing physical, mental, or emotional needs of the child. It is presumed that a parent is
palpably unfit to be a party to the parent and child relationship upon a showing that the parent's
parental rights to one or more other children were involuntarily terminated or that the parent's
custodial rights to another child have been involuntarily transferred to a relative under section
260C.201, subdivision 11, paragraph (e), clause (1), or a similar law of another jurisdiction;
(5) that following the child's placement out of the home, reasonable efforts, under the
direction of the court, have failed to correct the conditions leading to the child's placement. It is
presumed that reasonable efforts under this clause have failed upon a showing that:
(i) a child has resided out of the parental home under court order for a cumulative period
of 12 months within the preceding 22 months. In the case of a child under age eight at the time
the petition was filed alleging the child to be in need of protection or services, the presumption
arises when the child has resided out of the parental home under court order for six months
unless the parent has maintained regular contact with the child and the parent is complying
with the out-of-home placement plan;
(ii) the court has approved the out-of-home placement plan required under section 260C.212
and filed with the court under section 260C.178;
(iii) conditions leading to the out-of-home placement have not been corrected. It is presumed
that conditions leading to a child's out-of-home placement have not been corrected upon a
showing that the parent or parents have not substantially complied with the court's orders and a
reasonable case plan; and
(iv) reasonable efforts have been made by the social services agency to rehabilitate the
parent and reunite the family.
This clause does not prohibit the termination of parental rights prior to one year, or in the
case of a child under age eight, prior to six months after a child has been placed out of the home.
It is also presumed that reasonable efforts have failed under this clause upon a showing that:
(A) the parent has been diagnosed as chemically dependent by a professional certified to
make the diagnosis;
(B) the parent has been required by a case plan to participate in a chemical dependency
treatment program;
(C) the treatment programs offered to the parent were culturally, linguistically, and clinically
appropriate;
(D) the parent has either failed two or more times to successfully complete a treatment
program or has refused at two or more separate meetings with a caseworker to participate in
a treatment program; and
(E) the parent continues to abuse chemicals.
(6) that a child has experienced egregious harm in the parent's care which is of a nature,
duration, or chronicity that indicates a lack of regard for the child's well-being, such that a
reasonable person would believe it contrary to the best interest of the child or of any child to be
in the parent's care;
(7) that in the case 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 the person is not entitled to notice
of an adoption hearing under section 259.49 and the person has not registered with the fathers'
adoption registry under section 259.52;
(8) that the child is neglected and in foster care; or
(9) that the parent has been convicted of a crime listed in section 260.012, paragraph (b),
clauses (1) to (3).
In an action involving an American Indian child, sections 260.751 to 260.835 and the Indian
Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to the extent that
the provisions of this section are inconsistent with those laws.
Subd. 2. Evidence of abandonment. For purposes of subdivision 1, clause (b), item (1):
(a) Abandonment is presumed when:
(1) the parent has had no contact with the child on a regular basis and not demonstrated
consistent interest in the child's well-being for six months and the social services agency has made
reasonable efforts to facilitate contact, unless the parent establishes that an extreme financial or
physical hardship or treatment for mental disability or chemical dependency or other good cause
prevented the parent from making contact with the child. This presumption does not apply to
children whose custody has been determined under chapter 257 or 518; or
(2) the child is an infant under two years of age and has been deserted by the parent under
circumstances that show an intent not to return to care for the child.
The court is not prohibited from finding abandonment in the absence of the presumptions in
clauses (1) and (2).
(b) The following are prima facie evidence of abandonment where there has been a showing
that the person was not entitled to notice of an adoption proceeding under section 259.49:
(1) failure to register with the fathers' adoption registry under section 259.52; or
(2) if the person registered with the fathers' adoption registry under section 259.52:
(i) filing a denial of paternity within 30 days of receipt of notice under section 259.52,
subdivision 8 ;
(ii) failing to timely file an intent to claim parental rights with entry of appearance form
within 30 days of receipt of notice under section 259.52, subdivision 10; or
(iii) timely filing an intent to claim parental rights with entry of appearance form within 30
days of receipt of notice under section 259.52, subdivision 10, but failing to initiate a paternity
action within 30 days of receiving the fathers' adoption registry notice where there has been no
showing of good cause for the delay.
257C.07 CUSTODY CONSENT DECREE.
In a proceeding under this chapter, a parent may transfer legal and physical custody of a
child by a consent decree entered under this section. The court may approve a proposed consent
decree if the custody arrangement is in the best interests of the child and all parties to the decree
agree to it after being fully informed of its contents. A consent decree under this section must:
(1) transfer legal and physical custody of the child to a third party and state that this includes
the ability to determine the child's residence; make decisions regarding the child's education,
religious training, and health care; and obtain information and public services on behalf of the
child in the same manner as a parent;
(2) indicate whether the transfer of custody is temporary or permanent; and
(3) include an order for child support in the guidelines amount and an allocation of child care
costs as provided by section 518A.40, subject to income withholding under section 518A.53 and
including an order for medical support under section 518A.41.
A party to a consent decree under this section may file a motion to modify or terminate the
consent decree at any time. Section 518.18, paragraphs (d) and (e), apply to all modifications. A
party who has custody of a child under this section must seek modification of the consent decree
before transferring physical or legal custody of the child to anyone.
