Current Through April 2016

Circumstances That Constitute Witnessing

This issue is not addressed in the statutes reviewed.

Consequences

This issue is not addressed in the statutes reviewed.

Current Through February 2016

Physical Abuse

Citation: Ann. Stat. § 626.556, Subd. 2‘Physical abuse’ means any physical injury, mental injury, or threatened injury inflicted by a person responsible for the child’s care on a child by other than accidental means; physical or mental injury that cannot reasonably be explained by the child’s history of injuries; or any aversive and deprivation procedures or regulated interventions that have not been authorized by law. Physical abuse includes, but is not limited to, any of the following acts:

• Throwing, kicking, burning, biting, or cutting a child
• Striking a child with a closed fist
• Shaking a child under age 3
• Striking or other actions that result in any nonaccidental injury to a child under 18 months
• Unreasonable interference with a child’s breathing
• Threatening a child with a weapon
• Striking a child under age 1 on the face or head
• Striking a child who is at least age 1 but under age 4 on the face or head, which results in an injury
• Purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances that were not prescribed for the child by a practitioner, in order to control or punish the child; giving the child substances that substantially affect the child’s behavior, motor coordination, or judgment or that result in sickness or internal injury; or subjecting the child to medical procedures that would be unnecessary if the child were not exposed to the substances
• Unreasonable physical confinement or restraint not permitted by law including, but not limited to, tying, caging, or chaining
• In a school facility or school zone, an act by a person responsible for the child’s care that is a violation under § 121A.58 [prohibiting corporal punishment]

Neglect

Citation: Ann. Stat. § 626.556, Subd. 2‘Neglect’ means the commission or omission of any of the acts specified below by other than accidental means:

• Failure by a person responsible for a child’s care to supply a child with necessary food, clothing, shelter, health, medical, or other care required for the child’s physical or mental health when reasonably able to do so
• Failure to protect a child from conditions or actions that seriously endanger the child’s physical or mental health when reasonably able to do so, including a growth delay (also known as failure to thrive) that has been diagnosed by a physician and is due to parental neglect
• Failure to provide necessary supervision or child care arrangements appropriate for a child after considering such factors as the child’s age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for his or her own basic needs or safety or the basic needs or safety of another child in his or her care
• Failure to ensure that the child is educated as required by State law, which does not include a parent’s refusal to provide his or her child with sympathomimetic medications
• Prenatal exposure to a controlled substance used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child at birth, or medical effects or developmental delays during the child’s first year of life that medically indicate prenatal exposure to a controlled substance, or the presence of a fetal alcohol spectrum disorder
• ‘Medical neglect’ that includes, but is not limited to, withholding medically indicated treatment from a disabled infant with a life-threatening condition
• Chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child’s basic needs and safety

Sexual Abuse/Exploitation

Citation: Ann. Stat. §§ 626.556, Subd. 2; 260C.007, Subd. 31‘Sexual abuse’ means the subjection of a child to any act that constitutes criminal sexual conduct by a person responsible for the child’s care, a person who has a significant relationship to the child, or a person in a position of authority. Sexual abuse includes any act that involves a minor that constitutes a violation of prostitution offenses. Sexual abuse also includes threatened sexual abuse, including the status of a parent or household member who has committed a violation that requires registration as a predatory offender.

‘Sexually exploited youth’ means an individual who:

• Is alleged to have engaged in conduct that would, if committed by an adult, violate any Federal, State, or local law relating to being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual conduct
• Is a victim of the crime of criminal sexual conduct, criminal sexual predatory conduct, use of minors in sexual performances, or possession of child pornography
• Is a victim of the Federal offenses of child pornography or child sex trafficking
• Is a sex trafficking victim

Emotional Abuse

Citation: Ann. Stat. §§ 260C.007, Subd. 15; 626.556, Subd. 2‘Emotional maltreatment’ means the consistent, deliberate infliction of mental harm on a child by a person responsible for the child’s care that has an observable, sustained, and adverse effect on the child’s physical, mental, or emotional development.

‘Mental injury’ means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child’s ability to function within a normal range of performance and behavior with due regard to the child’s culture.

‘Neglect’ includes emotional harm from a pattern of behavior that contributes to impaired emotional functioning of the child that may be demonstrated by a substantial and observable effect in the child’s behavior, emotional response, or cognition that is not within the normal range for the child’s age and stage of development, with due regard to the child’s culture.

Abandonment

Citation: Ann. Stat. § 260C.007, Subd. 6
The term ‘child in need of protection or services’ means a child who is in need of protection or services because he or she is abandoned or without a parent, guardian, or custodian.

Standards for Reporting

Citation: Ann. Stat. § 626.556, Subd. 3
A report is required when a mandatory reporter knows or has reason to believe a child is being neglected or physically or sexually abused or has been neglected or physically or sexually abused within the preceding 3 years.

Persons Responsible for the Child

Citation: Ann. Stat. §§ 626.556, Subd. 2; 260C.007, Subd. 17‘Person responsible for the child’s care’ means:

• An individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities
• An individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employees or agents, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, daycare, babysitting (paid or unpaid), counseling, teaching, and coaching

‘Family or household members’ means spouses, former spouses, parents and children, persons related by blood, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time.

Exceptions

Citation: Ann. Stat. §§ 626.556, Subd. 2; 260C.007, Subd. 15A child is not considered neglected solely because the child’s parent, guardian, or other person responsible for the child’s care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care. A parent, guardian, caregiver, or a person mandated to report [child abuse or neglect] has a duty to report if a lack of medical care may cause serious danger to the child’s health.

Persons who are not otherwise legally responsible for providing a child with necessary food, clothing, shelter, education, or medical care do not have a duty to provide that care.

Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian that does not result in an injury.

Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by § 121A.582.

Emotional maltreatment does not include reasonable training or discipline administered by the person responsible for the child’s care or the reasonable exercise of authority by that person.

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Ann. Stat. § 518B.01, subd. 2‘Domestic abuse’ means the following if committed against a family or household member by a family or household member:

• Physical harm, bodily injury, or assault
• The infliction of fear of imminent physical harm, bodily injury, or assault
• Terroristic threats, as defined by § 609.713, subdivision 1
• Criminal sexual conduct, as defined by §§ 609.342, 609.343, 609.344, 609.345, or 609.3451
• Interference with an emergency call, as defined by § 609.78, subdivision 2

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Ann. Stat. § 609.2242‘Domestic assault’ occurs when a person commits an assault, defined as any of the acts listed below, against a family or household member, as defined in § 518B.01, subdivision 2. A domestic assault occurs when the person:

• Commits an act with intent to cause fear in another of immediate bodily harm or death
• Intentionally inflicts or attempts to inflict bodily harm upon another

Persons Included in the Definition

Citation: Ann. Stat. § 518B.01, subd. 2‘Family or household members’ means:

• Spouses and former spouses
• Parents and children
• Persons related by blood
• Persons who are presently residing together or who have resided together in the past
• Persons who have a child in common regardless of whether they have been married or have lived together at any time
• A man and woman if the woman is pregnant and the man is alleged to be the father regardless of whether they have been married or have lived together at any time
• Persons involved in a significant romantic or sexual relationship

In determining whether persons are or have been involved in a significant romantic or sexual relationship, the court shall consider the length of time of the relationship; type of relationship; frequency of interaction between the parties; and, if the relationship has terminated, length of time since the termination.

Current Through March 2015

Citation: Ann. Stat. § 626.556, Subd. 4

The following persons are immune from any civil or criminal liability that otherwise might result from their actions, if they are acting in good faith:

• Any person making a voluntary or mandated report under the reporting laws or assisting in an assessment
• Any person with responsibility for performing duties under this section; a supervisor employed by a local welfare agency; or the commissioner of an agency responsible for operating or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital, sanitarium, or other facility or institution required to be licensed, a school, or a nonlicensed personal care provider organization
• A representative or employee of any public or private school or facility who permits access by a local welfare agency, the Department of Education, or local law enforcement agency and assists in an investigation or assessment

A person who is a supervisor or person with responsibility for performing duties under this section who is employed by a local welfare agency, the commissioner of human services, or the commissioner of education complying with the reporting laws or any related rule or provision of law is immune from any civil or criminal liability that might otherwise result from the person’s actions if the person is (1) acting in good faith and exercising due care or (2) acting in good faith and following the information collection procedures established by law.

This subdivision does not provide immunity to any person for failure to make a required report or for committing neglect, physical abuse, or sexual abuse of a child.

Current Through February 2013

Individual Responsibility to Report

Citation: Ann. Stat. § 626.556, Subd. 3, 7A person who knows or has reason to believe a child is being neglected or physically or sexually abused, or a child has been neglected or physically or sexually abused within the preceding 3 years, immediately shall make a report.

An oral report shall be made immediately by telephone or otherwise. An oral report made by a mandated reporter shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate police department, the county sheriff, the agency responsible for assessing or investigating the report, or the local welfare agency, unless the appropriate agency has informed the reporter that the oral information does not constitute a report.

Content of Reports

Citation: Ann. Stat. § 626.556, Subd. 7Any report shall be of sufficient content to identify:

• The child
• Any person believed to be responsible for the abuse or neglect, if known
• The nature and extent of the abuse or neglect
• The name and address of the reporter

Reporting Suspicious Deaths

Citation: Ann. Stat. § 626.556, Subd. 9When a mandated reporter knows or has reason to believe that a child has died as a result of neglect, physical abuse, or sexual abuse, the reporter shall immediately report that information to the appropriate medical examiner or coroner instead of the local welfare agency, police department, or county sheriff.

Medical examiners or coroners shall notify the local welfare agency, police department, or county sheriff in instances in which they believe that the child has died as a result of neglect, physical abuse, or sexual abuse. The medical examiner or coroner shall complete an investigation as soon as feasible and report the findings to the police department or county sheriff and the local welfare agency.

Reporting Substance-Exposed Infants

Citation: Ann. Stat. §§ 626.5561; 626.5562A mandated reporter shall immediately report to the local welfare agency when there is reason to believe that a pregnant woman has used a controlled substance for a nonmedical purpose, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive. An oral report shall be made immediately by telephone or otherwise. An oral report made by a mandated reporter shall be followed within 72 hours by a written report. Any report shall be of sufficient content to identify the pregnant woman, the nature and extent of the use, if known, and the name and address of the reporter.

A physician shall administer a toxicology test to a mother within 8 hours after delivery to determine whether there is evidence that she has ingested a controlled substance, if the woman has obstetrical complications that are an indication of possible use of a controlled substance for a nonmedical purpose. A physician shall administer to each newborn infant born under the physician’s care a toxicology test to determine whether there is evidence of prenatal exposure to a controlled substance, if the physician has reason to believe based on a medical assessment of the mother or the infant that the mother used a controlled substance for a nonmedical purpose during the pregnancy. If the results of either test are positive, the physician shall report the results as neglect under § 626.556.

Agency Receiving the Reports

Citation: Ann. Stat. § 626.556, Subd. 3A report shall be made to the local welfare agency, the agency responsible for assessing or investigating the report, the police department, or the county sheriff.

Initial Screening Decisions

Citation: Ann. Stat. § 626.556, Subd. 7, 10The local welfare agency shall determine if the report is accepted for an assessment or investigation as soon as possible but in no event longer than 24 hours after the report is received.

Upon receipt of a report, the local welfare agency shall determine whether to conduct a family assessment or an investigation, as appropriate, to prevent or provide a remedy for child maltreatment. The local welfare agency:

• Shall conduct an investigation on reports involving substantial child endangerment
• Shall begin an immediate investigation if, at any time when it is using a family assessment response, it determines that there is reason to believe that substantial child endangerment or a serious threat to the child’s safety exists
• May conduct a family assessment for reports that do not allege substantial child endangerment
• May conduct a family assessment on a report that was initially screened and assigned for an investigation

In determining that a family assessment is appropriate, the local welfare agency may consider issues of child safety, parental cooperation, and the need for an immediate response.

Agency Conducting the Assessment/Investigation

Citation: Ann. Stat. § 626.556, Subd. 3b, 3c, 3e, 3fThe Department of Education is the agency responsible for assessing or investigating allegations of child maltreatment in schools.

The county local welfare agency is the agency responsible for assessing or investigating allegations of maltreatment in child foster care, family child care, legally unlicensed child care, juvenile correctional facilities located in the local welfare agency’s county, and reports involving children served by an unlicensed personal care provider organization.

The Department of Human Services is the agency responsible for assessing or investigating allegations of maltreatment in facilities licensed under chapters 245A and 245B, except for child foster care and family child care. The Department of Health is the agency responsible for assessing or investigating allegations of child maltreatment in facilities licensed under §§ 144.50 to 144.58 and 144A.46.

The local welfare agency is the agency responsible for investigating allegations of sexual abuse if the alleged offender is the parent, guardian, sibling, an individual functioning within the family unit as a person responsible for the child’s care, or a person with a significant relationship to the child if that person resides in the child’s household.

The local law enforcement agency has responsibility for investigating any report of child maltreatment if a violation of a criminal statute is alleged.

Assessment/Investigation Procedures

Citation: Ann. Stat. § 626.556, Subd. 10In conducting a family assessment or investigation, the local welfare agency shall gather information on the existence of substance abuse and domestic violence and offer services for purposes of preventing future child maltreatment, safeguarding and enhancing the welfare of the abused or neglected minor, and supporting and preserving family life whenever possible. If the family assessment or investigation indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or person responsible for the child’s care, the local welfare agency shall conduct a chemical use assessment.

The local welfare agency conducting the family assessment or investigation shall collect available and relevant information to determine child safety, risk of subsequent child maltreatment, and family strengths and needs and shall share nonpublic information with an Indian’s Tribal social services agency without violating any law of the State that may otherwise impose duties of confidentiality on the local welfare agency in order to implement the Tribal-State agreement.

The agency responsible for investigating the report shall collect available and relevant information to ascertain whether maltreatment occurred and whether protective services are needed. Information collected includes, when relevant, information with regard to:

• The person reporting the alleged maltreatment, including the nature of the reporter’s relationship to the child and to the alleged offender, and the basis of the reporter’s knowledge for the report
• The child allegedly being maltreated
• The alleged offender
• The child’s caregiver
• Other collateral sources having relevant information related to the alleged maltreatment

The agency investigating the report may make a determination of no maltreatment early in an investigation, and close the case and retain immunity, if the collected information shows no basis for a full investigation.

Timeframes for Completing Investigations

Citation: Ann. Stat. § 626.556, Subd. 10eThe local welfare agency shall conclude the family assessment or the investigation within 45 days of the receipt of a report.

Classification of Reports

Citation: Ann. Stat. § 626.556, Subd. 10eAfter conducting a family assessment, the local welfare agency shall determine whether services are needed to address the safety of the child and other family members and the risk of subsequent maltreatment.

After conducting an investigation, the local welfare agency shall make two determinations:

• Whether maltreatment has occurred
• Whether child protective services are needed

No determination of maltreatment shall be made when the alleged perpetrator is a child younger than age 10.

If the Commissioner of Education conducts an assessment or investigation, the commissioner shall determine whether maltreatment occurred and what corrective or protective action was taken by the school facility.

When maltreatment is determined in an investigation involving a facility, the investigating agency also shall determine whether the facility or individual was responsible or whether both the facility and the individual were responsible for the maltreatment.

Current Through April 2015

Citation: Ann. Stat. § 626.5562A physician shall administer a toxicology test to a pregnant woman under the physician’s care or to a woman under the physician’s care within 8 hours after delivery to determine whether there is evidence that she has ingested a controlled substance, if the woman has obstetrical complications that are a medical indication of possible use of a controlled substance for a nonmedical purpose. If the test results are positive, the physician shall report the results. A negative test result does not eliminate the obligation to report if other evidence gives the physician reason to believe the patient has used a controlled substance for a nonmedical purpose.

A physician shall administer to each newborn infant born under the physician’s care a toxicology test to determine whether there is evidence of prenatal exposure to a controlled substance if the physician has reason to believe, based on a medical assessment of the mother or the infant, that the mother used a controlled substance for a nonmedical purpose during the pregnancy. If the test results are positive, the physician shall report the results as neglect. A negative test result does not eliminate the obligation to report if other medical evidence of prenatal exposure to a controlled substance is present.

Physicians shall report to the Department of Health the results of tests performed. A report shall be made on the Certificate of Live Birth Medical Supplement or the Report of Fetal Death Medical Supplement filed on or after February 1, 1991.

Citation: Ann. Stat. § 626.5561, Subd. 1Except as provided below, a mandated reporter shall immediately report to the local welfare agency if the reporter knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive.

A health-care professional or a social service professional who is mandated to report is exempt from reporting a woman’s use or consumption of tetrahydrocannabinol or alcoholic beverages during pregnancy if the professional is providing the woman with prenatal care or other health-care services.

Any person may make a voluntary report if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive.

An oral report shall be made immediately by telephone or otherwise. An oral report made by a mandated reporter shall be followed within 72 hours, exclusive of weekends and holidays, by a report in writing to the local welfare agency. Any report shall be of sufficient content to identify the pregnant woman, the nature and extent of the use, if known, and the name and address of the reporter.

For purposes of this section, ‘prenatal care’ means the comprehensive package of medical and psychological support provided throughout the pregnancy.

Citation: Ann. Stat. § 609.378A parent, legal guardian, or caregiver who endangers the child’s person or health by knowingly causing or permitting the child to be present where any person is selling, manufacturing, possessing immediate precursors or chemical substances with the intent to manufacture, or possessing a controlled substance, as defined in statute, is guilty of child endangerment and may be sentenced to imprisonment for not more than 1 year or to payment of a fine of not more than $3,000, or both.

If the endangerment results in substantial harm to the child’s physical, mental, or emotional health, the person may be sentenced to imprisonment for not more than 5 years or to payment of a fine of not more than $10,000, or both.

Citation: Ann. Stat. § 626.5561, Subd. 2Upon receipt of a report, the local welfare agency shall immediately conduct an appropriate assessment and offer services indicated under the circumstances. Services offered may include, but are not limited to, a referral for chemical dependency assessment, a referral for chemical dependency treatment if recommended, and a referral for prenatal care. The local welfare agency also may take any appropriate action under chapter 253B, including seeking an emergency admission under § 253B.05. The local welfare agency shall seek an emergency admission under § 253B.05 if the pregnant woman refuses recommended voluntary services or fails recommended treatment.

Citation: Ann. Stat. § 626.556, Subd. 2(f), (g)The term ‘neglect’ includes:

• Prenatal exposure to a controlled substance, as defined in § 253B.02, subd. 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or on the child at birth, medical effects or developmental delays during the child’s first year of life that medically indicate prenatal exposure to a controlled substance, or the presence of a fetal alcohol spectrum disorder
• Chronic and severe use of alcohol or a controlled substance by a parent or person responsible for the care of the child that adversely affects the child’s basic needs and safety

The term ‘physical abuse’ includes purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances that were not prescribed for the child by a practitioner, in order to control or punish the child; or other substances that substantially affect the child’s behavior, motor coordination, judgment, or that results in sickness or internal injury; or subjects the child to medical procedures that would be unnecessary if the child were not exposed to the substances.

Current Through August 2014

Making The Appointment

Citation: Ann. Stat. § 260C.163, Subd. 3 & 5The child, parent, guardian, or custodian has the right to effective assistance of counsel in connection with a proceeding in juvenile court as provided in this subdivision.

If the child, parent, guardian, or custodian desires counsel but is unable to employ it, the court shall appoint counsel to represent the child who is age 10 or older, or the parent, guardian, or custodian in any case in which it feels that such an appointment is appropriate if the person would be financially unable to obtain counsel.

Counsel for the child shall not also act as the child’s guardian ad litem (GAL).

The court shall appoint a GAL to protect the interests of the minor when it appears, at any stage of the proceedings, that the minor is without a parent or guardian, the minor’s parent is a minor or incompetent, or the parent or guardian is indifferent or hostile to the minor’s interests, and in every proceeding alleging a child’s need for protection or services under § 260C.007, subd. 6. In any other case the court may appoint a GAL to protect the interests of the minor when the court feels that such an appointment is desirable. The court shall appoint the GAL on its own motion or in the manner provided for the appointment of a GAL in the district court. The court may appoint separate counsel for the GAL if necessary.

The Use of Court-Appointed Special Advocates (CASAs)

Citation:This issue is not addressed in the statutes reviewed.

Qualifications/Training

Citation: Ann. Stat. §§ 260C.163, Subd. 5; 518.165, Subd. 4Counsel retained by the county must meet the qualifications established by the Judicial Council in at least one of the following: (1) has a minimum of 2 years’ experience handling child protection cases; (2) has training in handling child protection cases from a course or courses approved by the Judicial Council; or (3) is supervised by an attorney who meets the minimum qualifications under clause (1) or (2).

When appointing a GAL in a case involving an Indian or minority child, the court must consider whether a person is available who is the same racial or ethnic heritage as the child or, if that is not possible, whether a person is available who knows and appreciates the child’s racial or ethnic heritage.

The court shall initiate a background study through the Commissioner of Human Services under § 245C.32 on every GAL appointed under this section if a background study has not been completed on the GAL within the past 3 years. The background study must be completed before the court appoints the GAL, unless the court determines that it is in the best interests of the child to appoint a GAL before a background study can be completed. A subsequent background study must be completed once every 3 years after the GAL has been appointed as long as the individual continues to serve as a GAL.

The background study must include criminal history data from the Bureau of Criminal Apprehension, other criminal history data held by the Commissioner of Human Services, and data regarding whether the person has been a perpetrator of substantiated maltreatment of a minor or a vulnerable adult. When information from the Bureau of Criminal Apprehension indicates that the subject of a study is a multistate offender or that the subject’s multistate offender status is undetermined, the court shall require a search of the National Criminal Records Repository and shall provide the commissioner a set of classifiable fingerprints of the subject of the study.

Specific Duties

Citation: Ann. Stat. § 260C.163, Subd. 5A GAL shall carry out the following responsibilities:

• Conduct an independent investigation to determine the facts relevant to the situation of the child and the family, including, unless specifically excluded by the court, reviewing relevant documents; meeting with and observing the child in the home setting and considering the child’s wishes, as appropriate; and interviewing parents, caregivers, and others with knowledge relevant to the case
• Advocate for the child’s best interests by participating in appropriate aspects of the case and advocating for appropriate community services when necessary
• Maintain the confidentiality of information related to a case, with the exception of sharing information as permitted by law to promote cooperative solutions that are in the best interests of the child
• Monitor the child’s best interests throughout the judicial proceeding
• Present written reports on the child’s best interests that include conclusions and recommendations and the facts upon which they are based

How the Representative Is Compensated

Citation: Ann. Stat. § 260C.331, Subd. 3, 5, & 6Reasonable compensation for an attorney appointed by the court to serve as counsel shall be paid by the county in which proceedings are held.

The State Guardian Ad Litem Board shall pay for GAL expenses and reasonable compensation for an attorney to serve as counsel for a GAL, if necessary. In no event may the court order that GAL expenses or compensation for an attorney serving as counsel for a GAL be charged to a county.

In proceedings in which the court has appointed counsel pursuant to § 260C.163, subd. 3 and § 611.14(4), for a minor unable to employ counsel, the court may inquire into the ability of the parents to pay for the counsel’s services and, after giving the parents a reasonable opportunity to be heard, may order the parents to pay attorney fees.

In proceedings in which the court appoints a GAL pursuant to § 260C.163, subd. 5, the court may inquire into the ability of the parents to pay for the GAL’s services and, after giving the parents a reasonable opportunity to be heard, may order the parents to pay GAL fees.

In each fiscal year, the Commissioner of Management and Budget shall deposit GAL reimbursements in the special revenue fund and credit them to a separate account with the State Guardian Ad Litem Board. The balance of this account is appropriated to the State Guardian Ad Litem Board and does not cancel but is available until expended. Revenue from this account must be spent in the judicial district in which the reimbursement is collected.

Current Through April 2014

When Case Plans Are Required

Citation: Ann. Stat. § 260C.212An out-of-home placement plan shall be prepared within 30 days after any child is placed in foster care by court order or a voluntary placement agreement between the responsible social services agency and the child’s parent.

Who May Participate in the Case Planning Process

Citation: Ann. Stat. § 260C.212An out-of-home placement plan means a written document that is prepared by the responsible social services agency jointly with the parent(s) or guardian of the child and in consultation with the child’s guardian ad litem, the child’s Tribe if the child is an Indian child, the child’s foster parent, or representative of the foster care facility, and, where appropriate, the child. For a child in voluntary foster care for treatment under chapter 260D, preparation of the out-of-home placement plan shall additionally include the child’s mental health treatment provider.

Contents of a Case Plan

Ann. Stat. § 260C.212The plan shall set forth:

• A description of the foster care home or facility including how the out-of-home placement plan is designed to achieve a safe placement for the child in the least restrictive, most familylike setting available, and is in close proximity to the home of the parent when the case plan goal is reunification
• How the placement is consistent with the best interests and special needs of the child
• The specific reasons for the placement of the child in foster care
• When reunification is the plan, a description of the problems or conditions in the home that necessitated removal of the child from home and the changes the parent must make in order for the child to safely return home
• A description of the services offered and provided to prevent removal of the child from the home and to reunify the family, including:
  • The specific actions to be taken by the parent or parents of the child to eliminate or correct identified problems or conditions and the time period during which the actions are to be taken
  • The reasonable efforts, or in the case of an Indian child, active efforts to be made to achieve a safe and stable home for the child, including social and other supportive services to be provided or offered to the parent or guardian of the child, the child, and the residential facility during the period the child is in the residential facility
• A description of any services or resources that were requested by the child or the child’s parent, guardian, foster parent, or custodian since the date of the child’s placement, and whether those services or resources were provided
• The visitation plan for the parent(s), guardian, other relatives, and siblings of the child if the siblings are not placed together in foster care, and whether visitation is consistent with the best interests of the child
• Documentation of steps to finalize the adoption or legal guardianship of the child if the court has issued an order terminating parental rights
• Efforts to ensure the child’s educational stability while in foster care, including:
  • Efforts to ensure that the child in placement remains in the same school in which the child was enrolled prior to placement, including efforts to work with the local education authorities to ensure the child’s educational stability
  • If it is not in the child’s best interests to remain in the same school, efforts to ensure immediate and appropriate enrollment for the child in a new school
• The educational records of the child
• The efforts by the local agency to ensure the oversight and continuity of health-care services for the foster child
• The health records of the child, including information available regarding:
  • The names and addresses of the child’s health-care and dental-care providers
  • A record of the child’s immunizations
  • The child’s known medical problems, including any known communicable diseases
  • The child’s medications
  • Any other relevant health-care information such as the child’s eligibility for medical insurance or medical assistance
• An independent living plan for a child age 16 or older, including, but not limited to, the following objectives:
  • Educational, vocational, or employment planning
  • Health-care planning and medical coverage
  • Transportation including, where appropriate, assisting the child in obtaining a driver’s license
  • Money management
  • Planning for housing
  • Social and recreational skills
  • Establishing and maintaining connections with the child’s family and community
• For a child in voluntary foster care for treatment, diagnostic and assessment information, specific services relating to meeting the mental health-care needs of the child, and treatment outcomes

Current Through January 2016

Schedule of Hearings

Citation: Ann. Stat. §§ 260C.202; 260C.204If a child is placed in foster care, the court shall review the placement:

• At least every 90 days after placement to determine whether continued out-of-home placement is necessary and appropriate or whether the child should be returned home
• No later than 3 months after the child’s placement in foster care

When a child who is age 18 or older remains in or returns to foster care pursuant to § 260C.451, the court shall review the case at least annually.

A permanency progress hearing shall be held no later than 6 months after the child’s placement in out-of-home care. Following the review hearing:

• The court may order the child’s reunification or continue the matter up to 6 additional months.
• The court may order the responsible social services agency to develop a plan for the transfer of permanent legal and physical custody of the child to a relative and to file a petition within 30 days and a trial on the petition held within 60 days of the filing of the petition.
• The court may order the agency to file a termination of parental rights within 30 days of the hearing a trial on the petition held within 60 days of the filing of the petition.

Persons Entitled to Attend Hearings

Citation: Ann. Stat. § 260C.163, Subd. 2, 8A child who is the subject of a petition, and the parents, guardian, or legal custodian of the child have the right to participate in all proceedings on a petition, including the opportunity to attend all hearings in person. Official Tribal representatives have the right to participate in any proceeding that is subject to the Indian Child Welfare Act.

A parent with a legally recognized parent-child relationship must be provided the right to be heard in any review or hearing held with respect to the child, including the right to be heard on the disposition order, parental visitation, and the out-of-home placement plan. The right to be heard does not automatically confer party status.

Any grandparent of the child has a right to participate in the proceedings to the same extent as a parent, if the child has lived with the grandparent within the 2 years preceding the filing of the petition.

If, in a permanency proceeding involving a child in need of protection or services, any party files a petition for transfer of permanent legal and physical custody to a named relative, the relative has a right to participate in the permanency proceeding as a party on the issues of the relative’s suitability to be a legal and physical custodian for the child, whether the transfer is in the child’s best interests, and the needs of the child. Thereafter the named relative shall receive notice of any hearing in the proceedings.

The child and the child’s parent, guardian, or custodian are entitled to be heard, to present evidence material to the case, and to cross-examine witnesses appearing at the hearing.

Determinations Made at Hearings

Citation: Ann. Stat. §§ 260C.203; 260C.204At the foster care hearing, the court shall review:

• The safety, permanency needs, and well-being of the child
• The continuing necessity for and appropriateness of the placement
• The extent of compliance with the out-of-home placement plan
• The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care
• The projected date by which the child may be returned to and safely maintained in the home or placed permanently away from the care of the parent
• The appropriateness of the services provided to the child

In addition, for a child who is age 14 or older, the court shall review the Independent Living plan and the provision of services to the child related to the well-being of the child as he or she prepares to leave foster care.

At the permanency progress hearing, the court shall review:

• The progress of the case and the parent’s progress on the case plan
• The agency’s reasonable, or in the case of an Indian child, active efforts for reunification and its provision of services
• The agency’s reasonable efforts to finalize the permanent plan for the child and to make a placement in a home that will commit to being the legally permanent family for the child in the event the child cannot return home according to the timelines in this section
• In the case of an Indian child, active efforts to prevent the breakup of the Indian family and to make a placement according to the placement preferences of the Federal Indian Child Welfare Act

Permanency Options

Citation: Ann. Stat. § 260C.513When a child cannot return home, termination of parental rights and adoption or guardianship to the commissioner of human services through a consent to adopt are preferred permanency options. If the court finds that termination of parental rights and guardianship to the commissioner is not in the child’s best interests, the court may transfer permanent legal and physical custody of the child to a relative when that order is in the child’s best interests.

When the court has determined that permanent placement of the child away from the parent is necessary, the court shall consider permanent alternative homes that are available both inside and outside the State.

Current Through March 2016

Citation: Ann. Stat. § 260C.193, Subd. 3(f)-(h)Placement of a child cannot be delayed or denied based on race, color, or national origin of the foster parent or the child.

Whenever possible, siblings should be placed together unless it is determined not to be in the best interests of siblings. If siblings were not placed together, the responsible social services agency shall report to the court the efforts made to place the siblings together and why the efforts were not successful. If the court is not satisfied that the agency has made reasonable efforts to place siblings together, the court must order the agency to make further reasonable efforts. If siblings are not placed together, the court shall order the responsible social services agency to implement the plan for visitation among siblings required as part of the out-of-home placement plan.

This subdivision does not affect the Indian Child Welfare Act (25 U.S.C. § 1901, et seq.) and the Minnesota Indian Family Preservation Act, §§ 260.751 to 260.835.

Citation: Ann. Stat. § 260C.193, Subd. 3(a)-(e)The policy of the State is to ensure that the best interests of children who are in foster care, who experience transfer of permanent legal and physical custody to a relative, or who are adopted are met by requiring individualized determinations under § 260C.212, subd.2(b), of the needs of the child and of how the selected home will serve the needs of the child.

No later than 3 months after a child is ordered removed from the care of a parent, the court shall review and enter findings regarding whether the responsible social services agency made:

• Diligent efforts to identify and search for relatives as required under § 260C.221
• An individualized determination as required under § 260C.212 to select a home that meets the needs of the child

If the court finds the agency has not made the required efforts, and there is a relative who qualifies to be licensed to provide family foster care, the court may order the child placed with the relative consistent with the child’s best interests.

If the agency’s efforts are found to be sufficient, the court shall order the agency to continue to appropriately engage relatives who responded to the notice under § 260C.221 in placement and case planning decisions and to appropriately engage relatives who subsequently come to the agency’s attention.

If the child’s birth parent or parents explicitly request that a relative or important friend not be considered, the court shall honor that request if it is consistent with the best interests of the child. If the child’s birth parent or parents express a preference for placing the child in a foster or adoptive home of the same or a similar religious background to that of the birth parent or parents, the court shall order placement of the child with an individual who meets the birth parent’s religious preference.

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Ann. Stat. §§ 260.012; 260C.301The juvenile court may, upon petition, terminate all rights of a parent to a child if it finds that one or more of the following conditions exist:

• The parent has abandoned the child.
• The parent has substantially, continuously, or repeatedly refused or neglected to provide the child with necessary food, clothing, shelter, education, and other care and control.
• The 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.
• The parent is found to be unfit because he or she is unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental, or emotional needs of the child. A parent is presumed to be unfit if his or her parental rights to another child have been terminated involuntarily.
• Following the child’s placement out of the home, reasonable efforts have failed to correct the conditions leading to the child’s placement.
• The parent has failed two or more times to successfully complete a treatment program for chemical dependency.
• The parent has subjected a child to egregious harm that is of a nature, duration, or chronicity that indicates a lack of regard for the child’s well-being.
• An unwed birth father has failed to register with the fathers’ adoption registry.
• The child is neglected and in foster care.
• The parent has been convicted of a crime listed below:
  • Murder, manslaughter, assault with a deadly weapon that results in serious bodily injury, or sexual abuse that was committed against the child or another child of the parent
  • An offense that requires registration as a predatory offender
• The child is an abandoned infant.
• The provision of services or further services for the purpose of reunification is futile and therefore unreasonable under the circumstances.

It is presumed that reasonable efforts have failed upon a showing that:

• The parent has been diagnosed as chemically dependent by a professional certified to make the diagnosis.
• The parent has been required by a case plan to participate in a chemical dependency treatment program.
• The treatment programs offered to the parent were culturally, linguistically, and clinically appropriate.
• 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.
• The parent continues to abuse chemicals.

Circumstances That Are Exceptions to Termination of Parental Rights

Citation: Ann. Stat. § 260C.301, Subd. 3 and 4The county attorney shall file a termination of parental rights petition within 30 days of a determination that a child has been subjected to egregious harm unless:

• The county attorney files a petition for transfer of permanent legal and physical custody of the child to a relative, including a determination that the transfer is in the best interests of the child.
• The responsible social services agency has documented in the case plan a compelling reason why filing a termination of parental rights petition would not be in the best interests of the child.

A termination of parental rights petition shall be filed when a child has been in out-of-home care for 15 of the most recent 22 months unless:

• There is a compelling reason approved by the court for determining that filing a termination of parental rights petition would not be in the best interests of the child.
• The responsible social services agency has not provided reasonable efforts necessary for the safe return of the child, if reasonable efforts are required.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through February 2013

Infant’s Age

Citation: Ann. Stat. §§ 145.902; 609.3785

A newborn may be relinquished provided that:

• The newborn was born within 7 days of being left at the hospital, as determined within a reasonable degree of medical certainty.
• The newborn is left in an unharmed condition.

Who May Relinquish the Infant

Citation: Ann. Stat. § 260C.139, Subd. 3

A mother or any person with the mother’s permission may bring a newborn infant to a safe place during its hours of operation and leave the infant in the care of an employee of the safe place. The mother or a person with the mother’s permission may call 911 to request to have an ambulance dispatched to an agreed-upon location to relinquish a newborn infant into the custody of ambulance personnel.

Who May Receive the Infant

Citation: Ann. Stat. § 145.902

The infant may be left at a safe place. The term ‘safe place’ includes a licensed hospital, a health-care provider who provides urgent care medical services, or a licensed ambulance service dispatched in response to a 911 call from a mother or a person with the mother’s permission to relinquish a newborn infant.

A safe place shall receive a newborn left with an employee on the premises of the safe place during its hours of operation provided that:

• The newborn was born within 7 days of being left at the safe place, as determined within a reasonable degree of medical certainty.
• The newborn is left in an unharmed condition.

Responsibilities of the Safe Haven Provider

Citation: Ann. Stat. § 145.902

A safe place that is a health-care provider who provides urgent care medical services shall dial 911, advise the dispatcher that the call is being made from a safe place for newborns, and ask the dispatcher to send an ambulance or take other appropriate action to transport the newborn to a hospital. An ambulance with whom a newborn is left shall transport the newborn to a hospital for care.

Within 24 hours of receiving a newborn under this section, the hospital must inform the responsible social service agency that a newborn has been left at the hospital but must not do so in the presence of the mother or the person leaving the newborn. The hospital must provide necessary care to the newborn pending assumption of legal responsibility by the responsible social services agency.

Immunity for the Provider

Citation: Ann. Stat. § 145.902

A safe place with responsibility for performing duties under this section, and any employee, doctor, ambulance personnel, or other medical professional working at the safe place, are immune from any criminal liability that otherwise might result from their actions if they are acting in good faith in receiving a newborn, and are immune from any civil liability that otherwise might result from merely receiving a newborn.

A safe place performing duties under this section or an employee, doctor, ambulance personnel, or other medical professional working at the safe place who is a mandated reporter under § 626.556, is immune from any criminal or civil liability that otherwise might result from the failure to make a report under that section if the person is acting in good faith in complying with this section.

Protection for Relinquishing Parent

Citation: Ann. Stat. §§ 145.902; 609.3785

The safe place must not inquire as to the identity of the mother or the person leaving the newborn or call the police provided the newborn is unharmed when presented to the hospital. The safe place may ask the mother or the person leaving the newborn about the medical history of the mother or newborn but the mother or the person leaving the newborn is not required to provide any information. The safe place may provide the mother or the person leaving the newborn with information about how to contact relevant social service agencies.

A person may leave a newborn with an employee at a safe place without being subjected to prosecution for that act, provided that:

• The newborn was born within 7 days of being left at the safe place, as determined within a reasonable degree of medical certainty.
• The newborn is left in an unharmed condition.
• In cases where the person leaving the newborn is not the newborn’s mother, the person has the mother’s approval to do so.

Effect on Parental Rights

Citation: Ann. Stat. § 260C.139

A responsible social service agency with responsibility for the child is not required to attempt to reunify the child with the child’s parents. Additionally, the agency is not required to search for relatives of the child as a placement or permanency option or to implement other placement requirements that give a preference to relatives if the agency does not have information as to the identity of the child, the child’s mother, or the child’s father.

For purposes of proceedings under this chapter and adoption proceedings, a newborn left at a safe place is considered an abandoned child.

The agency contacted by a safe place shall have the legal responsibility to place the newborn infant in foster care for 72 hours, during which time the agency shall file a petition under § 260C.141 and ask the court to order continued placement of the child in foster care. The agency shall immediately begin planning for adoptive placement of the newborn.

Current Through December 2014

Definitions

Citation: Ann. Stat. § 260C.007The term ‘custodian’ means any person who is under a legal obligation to provide care and support for a child or who is in fact providing care and support for a child. For an Indian child, custodian means any Indian person who has legal custody of an Indian child under Tribal law or custom, under State law, or to whom temporary physical care, custody, and control has been transferred by the parent of the child, as provided in § 260.755, subd. 10.

The term ‘family or household members’ means spouses, former spouses, parents and children, persons related by blood, persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time.

The term ‘legal custody’ means the right to the care, custody, and control of a child who has been taken from a parent by the court in accordance with the provisions of § 260C.201 or 260C.317.

The term ‘parent’ means a person who has a legal parent and child relationship with a child that confers or imposes on the person legal rights, privileges, duties, and obligations, including the mother and child relationship and the father and child relationship. For matters governed by the Indian Child Welfare Act, parent includes any Indian person who has adopted a child by Tribal law or custom, but does not include the unwed father when paternity has not been acknowledged or established.

The term ‘relative’ means a person related to the child by blood, marriage, or adoption, or an individual who is an important friend with whom the child has resided or had significant contact. For an Indian child, relative includes members of the extended family as defined by the law or custom of the Indian child’s Tribe or, in the absence of law or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978.

Purpose of Guardianship

Citation: Ann. Stat. §§ 260C.513; 256N.22Termination of parental rights and adoption, or guardianship to the Commissioner of Human Services through a consent to adopt, are preferred permanency options for a child who cannot return home. If the court finds that termination of parental rights and guardianship to the commissioner are not in the child’s best interests, the court may transfer permanent legal and physical custody of the child to a relative when that order is in the child’s best interests.

To be eligible for guardianship assistance, the legally responsible agency must complete the following determinations regarding permanency for the child prior to the transfer of permanent legal and physical custody:

• A determination that reunification and adoption are not appropriate permanency options for the child
• A determination that the child demonstrates a strong attachment to the prospective relative custodian, and the prospective relative custodian has a strong commitment to caring permanently for the child

A Guardian’s Rights and Responsibilities

Citation: Ann. Stat. § 260C.515A transfer of legal and physical custody includes responsibility for the protection, education, care, and control of the child and decision-making on behalf of the child.

Qualifying the Guardian

Citation: Ann. Stat. §§ 260C.204; 245C.08A relative or foster parent who wants to be considered for legal permanent custody of the child shall cooperate with the background study required under § 245C.08, if the individual has not already done so, and with the home study process required under chapter 245A for providing child foster care and for adoption under section 259.41.

For the background study conducted by the Department of Human Services, the commissioner shall review:

• Information related to names of substantiated perpetrators of maltreatment of vulnerable adults
• Department records relating to the maltreatment of children
• Information from juvenile courts when there is reasonable cause
• Information from the Bureau of Criminal Apprehension, including information regarding a background study subject’s registration in Minnesota as a predatory offender
• Information from the child abuse and neglect registry for any State in which the background study subject has resided in the past 5 years
• Information from national crime information databases when the background study subject is age 18 or older

Procedures for Establishing Guardianship

Citation: Ann. Stat. § 260C.515If the child is not returned home at or before the conclusion of a permanency hearing, the court may order permanent legal and physical custody to a fit and willing relative in the best interests of the child according to the following requirements:

• An order for transfer of permanent legal and physical custody to a relative shall only be made after the court has reviewed the suitability of the prospective legal and physical custodian.
• In transferring permanent legal and physical custody to a relative, the juvenile court shall follow the standards applicable under this chapter and chapter 260, and the procedures in the Minnesota Rules of Juvenile Protection Procedure.
• A permanent legal and physical custodian may not return a child to the permanent care of a parent from whom the court removed custody without the court’s approval and without notice to the responsible social services agency.
• The social services agency may file a petition naming a fit and willing relative as a proposed permanent legal and physical custodian.
• When a petition is made for transfer of permanent legal and physical custody to a relative who is not a parent, the court must find that:
  • Transfer of permanent legal and physical custody is in the child’s best interests.
  • Adoption is not in the child’s best interests based on the determinations in the kinship placement agreement required under § 256N.22, subd. 2.
  • The agency made efforts to discuss adoption with the child’s parent or parents, or the agency did not make efforts to discuss adoption and the reasons why efforts were not made.
  • There are reasons to separate siblings during placement, if applicable.

Contents of a Guardianship Order

Citation: Ann. Stat. § 260C.515The juvenile court may maintain jurisdiction over the responsible social services agency, the parents or guardian of the child, the child, and the permanent legal and physical custodian for purposes of ensuring appropriate services are delivered to the child and permanent legal custodian for the purpose of ensuring conditions ordered by the court related to the care and custody of the child are met.

Modification/Revocation of Guardianship

Citation: Ann. Stat. §§ 260C.521; 518.18; 518.185An order for a relative to have permanent legal and physical custody of a child may be modified using standards under §§ 518.18 and 518.185. The social services agency is a party to the proceeding and must receive notice.

A motion to modify a custody order may be granted if the court has reason to believe that the child’s present environment may endanger the child’s physical or emotional health or impair the child’s emotional development. A party seeking modification of a custody order shall submit an affidavit setting forth facts supporting the requested modification and shall give notice, together with a copy of the affidavit, to other parties to the proceeding, who may file opposing affidavits.

Eligibility for Guardianship Subsidy

Citation: Ann. Stat. § 256N.22To be eligible for guardianship assistance, there must be a judicial determination that a transfer of permanent legal and physical custody to a relative is in the child’s best interests. For a child under jurisdiction of a Tribal court, a judicial determination under a similar provision in Tribal code indicating that a relative will assume the duty and authority to provide care, control, and protection of a child who is residing in foster care, and to make decisions regarding the child’s education, health care, and general welfare until adulthood, and that this is in the child’s best interests is considered equivalent. Additionally, a child must:

• Have been removed from the child’s home pursuant to a voluntary placement agreement or court order
• Have resided with the prospective relative custodian who has been a licensed child foster parent for at least 6 consecutive months or have received from the licensure requirement based on a determination that:
  • An expedited move to permanency is in the child’s best interests.
  • Expedited permanency cannot be completed without provision of guardianship assistance.
  • The prospective relative custodian is uniquely qualified to meet the child’s needs on a permanent basis.
• Meet applicable citizenship and immigration requirements
• Have been consulted regarding the proposed transfer of permanent legal and physical custody to a relative if the child is at least age 14

In addition to the above requirements, the child’s prospective relative custodian must meet applicable background study requirements.

To be eligible for title IV-E guardianship assistance, a child must also meet any additional criteria in 42 U.S.C § 673(d). A sibling who meets the criteria for title IV-E guardianship assistance is eligible for assistance if the child and sibling are placed with the same relative custodian.

Links to Agency Policies

Minnesota Administrative Rules, Department of Human Services

Minnesota Department of Human Services:

• Relative Custody Assistance (PDF – 540 KB)
• Paths to Permanency (PDF – 473 KB)

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Ann. Stat. §§ 260C.212; 260C.221When placing a child in foster care, the child-placing agency must consider placement with relatives and important friends in the following order:

• With an individual who is related to the child by blood, marriage, or adoption
• With an individual who is an important friend with whom the child has resided or had significant contact

The social services agency shall exercise due diligence to identify and notify adult relatives prior to placement or within 30 days after the child’s removal from the parent. The relative search shall be comprehensive in scope and include both maternal and paternal relatives of the child. The search also shall include getting information from the child in an age-appropriate manner about who the child considers to be family members and important friends with whom the child has resided or had significant contact. The relative search must fulfill the agency’s duties under the Indian Child Welfare Act regarding active efforts to prevent the breakup of the Indian family and meet placement preferences.

The relatives must be notified:

• Of the need for a foster home for the child, the option to become a placement resource, and the possibility of the need for a permanent placement
• Of their responsibility to keep the agency informed of their current address
• That the relative may participate in the care and planning for the child
• That the opportunity for participation may be lost by failing to respond to the notice
• Of the family foster care licensing requirements, including how to complete an application and how to request a variance from licensing standards that do not present a safety or health risk to the child
• Of the supports that are available for relatives and children who reside in a family foster home
• Of the relatives’ right to ask to be notified of any court proceedings regarding the child, to attend the hearings, and the right or opportunity to be heard by the court

Requirements for Placement with Relatives

Citation: Ann. Stat. §§ 245A.035; 260C.209A county agency may make an emergency placement of a child with a relative who is not licensed to provide foster care, provided the following requirements are met:

• If possible, the agency must conduct an initial inspection prior to placing the child but no later than 3 working days after placing the child in the home.
• If the agency determines prior to placement that anyone requiring a background study is disqualified, and the disqualification is one which the commissioner cannot set aside, an emergency placement must not be made.
• The relatives with whom the emergency placement has been made shall complete the child foster care license application and necessary paperwork within 10 days of the placement.

The granting of a child foster care license to a relative shall be according to the standards in Minnesota Rules, chapter 2960. In licensing a relative, the commissioner shall consider the importance of maintaining the child’s relationship with relatives as an additional significant factor in determining whether a background study disqualification should be set aside under § 245C.22, or a variance should be granted under § 245C.30.

The agency may have access to the criminal history and history of child and adult maltreatment of an individual whose suitability for relative placement is being determined and any member of the relative’s household who is over age 13 when:

• The relative must be licensed for foster care.
• A background study is required.
• The agency has reasonable cause to believe the relative or household member over age 13 has a criminal history that would make transfer of permanent legal and physical custody to the relative not in the child’s best interests.

In cases involving the emergency relative placement of children, the agency may request a name-based criminal records check, to be followed by a fingerprint-based check within 15 calendar days.

Requirements for Placement of Siblings

Citation: Ann. Stat. § 260C.212, subd. 2Siblings should be placed together for foster care and adoption at the earliest possible time, unless it is documented that a joint placement would be contrary to the safety or well-being of any of the siblings or unless it is not possible after reasonable efforts by the responsible social services agency. In cases where siblings cannot be placed together, the agency is required to provide frequent visits or other ongoing interaction between siblings, unless the agency documents that the interaction would be contrary to the safety or well-being of any of the siblings.

Relatives Who May Adopt

Citation: Ann. Stat. 259.77; 260C.007; 245A.02, subd. 13Each authorized child-placing agency shall make special efforts to recruit an adoptive family from among the child’s relatives. The term ‘relative’ means a person related to the child by blood, marriage, or adoption, or an individual who is an important friend with whom the child has resided or had significant contact. For an Indian child, relative includes members of the extended family as defined by the law or custom of the Indian child’s Tribe or, in the absence of law or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978.

The term ‘individual who is related’ means a spouse, parent, natural or adopted child or stepchild, stepparent, stepbrother, stepsister, niece, nephew, adoptive parent, grandparent, sibling, aunt, uncle, or legal guardian.

Requirements for Adoption by Relatives

Citation: Ann. Stat. §§ 259.22; 259.41The residency requirement of 1 year may be waived if the petitioner is an individual who is related to the child. The requirement for placements to be made by the department or licensed agency does not apply to a relative adoption.

A placement for adoption with an individual who is related to the child is subject to a background study. The adoption study must include at least one in-home visit with the prospective adoptive parent. At a minimum, the study must document the following information about the prospective adoptive parent:

• Whether the prospective adoptive parent and any other person over age 13 living in the home has a felony conviction
• An assessment of the effect of any conviction or finding of substantiated maltreatment on the capacity of the prospective adoptive parent to safely care for and parent a child

A home study used to consider placement of any child on whose behalf title IV-E adoption assistance payments are to be made must not be approved if a background study reveals a felony conviction at any time for:

• Child abuse or neglect
• Spousal abuse
• A crime against children, including child pornography
• A crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery

A home study used to consider placement of any child on whose behalf title IV-E adoption assistance payments are to be made must not be approved if a background study reveals a felony conviction within the past 5 years for physical assault or battery or a drug-related offense.

Current Through March 2016

What Are Reasonable Efforts

Citation: Ann. Stat. § 260.012Reasonable efforts are made upon the exercise of due diligence by the responsible social services agency to use culturally appropriate and available services to meet the needs of the child and the child’s family. Services may include those provided by the responsible social services agency and other culturally appropriate services available in the community.

When determining whether reasonable efforts have been made, the court shall consider whether services to the child and family were:

• Relevant to the safety and protection of the child
• Adequate to meet the needs of the child and family
• Culturally appropriate
• Available and accessible
• Consistent and timely
• Realistic under the circumstances

In the case of an Indian child, the responsible social services agency must provide active efforts, as required by the Indian Child Welfare Act of 1978.

When Reasonable Efforts Are Required

Citation: Ann. Stat. § 260.012The social services agency has the burden of demonstrating that:

• It has made reasonable efforts to prevent placement of the child in foster care.
• It has made reasonable efforts to eliminate the need for removal of the child from the child’s home and to reunify the child with the child’s family at the earliest possible time.
• It has made reasonable efforts to finalize an alternative permanent home for the child, and it has considered permanent alternative homes for the child inside or outside of the State.
• Reasonable efforts to prevent placement and to reunify the child with the parent or guardian are not required.

When Reasonable Efforts Are NOT Required

Citation: Ann. Stat. § 260.012Reasonable efforts always are required except when:

• A parent has subjected the child to egregious harm.
• The parent’s parental rights to another child have been terminated involuntarily.
• The child is an abandoned infant.
• The parent’s custodial rights have been involuntarily transferred to another relative.
• A determination has been made that additional reasonable efforts would be futile and unreasonable under the circumstances.
• The parent has been convicted of murder, manslaughter, assault, or assault with substantial bodily injury, or an attempt or conspiracy to commit any of these crimes, and the victim was another child of the parent.
• The parent has committed sexual abuse against the child or another child of the parent.
• The parent has committed an offense that requires registration as a predatory offender under § 243.166, subd. 1b.
• The parent has been convicted of assault or assault with substantial bodily injury, and the victim was the surviving child.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Ann. Stat. §§ 257B.03; 257B.05A parent with legal and physical custody or a legal custodian may designate a standby or temporary custodian.

If a triggering event has not occurred, only a custodian or legal guardian may file a petition with the court. If a triggering event has occurred, the standby guardian may file.

How to Establish a Standby Guardian

Citation: Ann. Stat. §§ 257B.04; 257B.05The written designation must identify the designator, the children, the other parent, if any, the standby guardian, and the triggering events. It must include the signed consent of the standby guardian and the other parent, or a statement why the other parent’s consent is not required.

The designation must be signed by the designator in the presence of two witnesses who are age 18 or older and not otherwise named in the designation. The witnesses must also sign the declaration.

Approval without a hearing is permitted if both parents consent to the designation, or there is only one surviving parent. A hearing is required in other cases. An optional designation form is provided in the statute.

How Standby Authority is Activated

Citation: Ann. Stat. § 257B.06The standby custodian’s authority commences upon a triggering event, such as a determination of incapacity or a determination of physical debilitation plus consent. If the petition is approved before the triggering event, no further court action is required.

If a designation has been made but not yet approved by the court, the standby custodian has 60 days from the triggering event to file confirming documents and petition for approval. If the parent dies, the standby custodian shall be appointed permanent guardian without additional petition.

Involvement of the Noncustodial Parent

Citation: Ann. Stat. § 257B.03
Consent to the designation is required unless the whereabouts of the parent are unknown, parental rights have been terminated, or the parent is unwilling and unable to care for the child.

Authority Relationship of the Parent and the Standby

Citation: Ann. Stat. § 257B.06The commencement of the standby custodian’s authority does not itself divest the designator of any parental rights but confers on the standby custodian concurrent or shared custody of the child.

The standby custodian shall ensure frequent and continuing contact with and physical access by the parent with the child and shall ensure the involvement of the parents, to the greatest extent possible, in decision-making on behalf of the child.

The standby custodian’s authority becomes inactive upon the attending physician’s written certification that the parent is restored to health.

Withdrawing Guardianship

Citation: Ann. Stat. § 257B.07Before the petition has been filed with the court, the designator may revoke the appointment of a standby custodian by destroying the designation and notifying the standby custodian. After a petition has been filed, the designator must file a written revocation with the court and notify the standby custodian in writing.