Family Reunification in Minnesota

This guest post is from Jillian Schinzing, Regent Law 2L and current Family Law student:

In 2013, the state of Minnesota passed the Family Reunification Act. This act allows some parents who have had their parental rights revoked the opportunity to get those rights back. In most states when the legal relationship between a parent and a child is terminated, the parent is generally not eligible to have it reinstated. However, this Act in Minnesota gives some parents the opportunity to fix their mistakes and reunify. A description of the full act can be found here.  


This law only applies to parents whose rights have been terminated due to things like mental illness or chemical dependency and does not apply to parents who have sexually or physically abused their children. The parent must have corrected the condition that led to the termination of rights and be stable enough to care of the child or children. The state then acts in the best interest of the child, a standard required when the state takes authority over the child due to parental abrogation of that duty, to decide if reunification would be proper. Minnesota’s best interest of the child standards can be found under Minn. Stat. § 518.17. Some of the factors include the child’s physical, emotional, cultural, and spiritual needs as well as the child’s preference. 

The act applies when the child or children are current wards of the state, excluding those who have been adopted or who are subject to any adoption agreement. The child must voice a desire to return to the parent’s care, be at least 15 years of age, and the parental rights have to have been terminated for a minimum of 48 months prior to reunification. Although there are only a small number of teens living in foster care in Minnesota who may be affected by this act, it could make a great difference for motivated parents who have dealt with their problems and whose children want to be reunited. This process is family restoration in action.

This act was motivated by the low adoption rates of older African American and American Indian children who age-out of foster care without permanent families. These kids are at a greater risk for homelessness and addiction, and need and deserve all the extra protection they can get.  Thank you, Minnesota, for working hard to look out for these kids.