Minn. Stat. § 245C.33 — MN Code / Part 245_267 / Chapter 245C / Section 245C.33
§ 245C.33 ADOPTION AND TRANSFER OF PERMANENT LEGAL AND PHYSICAL CUSTODY BACKGROUND STUDY REQUIREMENTS.
Status: in_force

§ Subdivision 1. Background study requirements. (a) Before placement of a child for purposes of adoption, the commissioner shall conduct a background study on individuals listed in sections 259.41, subdivision 3 , and 260C.611 , for county agencies and private agencies licensed to place children for adoption. When a prospective adoptive parent is seeking to adopt a child who is currently placed in the prospective adoptive parent's home and is under the guardianship of the commissioner according to section 260C.325, subdivision 1 , paragraph (b), and the prospective adoptive parent holds a child foster care license, a new background study is not required when: (1) a background study was completed on persons required to be studied under section 245C.03 in connection with the application for child foster care licensure after July 1, 2007; (2) the background study included a review of the information in section 245C.08 , subdivisions 1, 3, and 4; and (3) as a result of the background study, the individual was either not disqualified or, if disqualified, the disqualification was set aside under section 245C.22 , or a variance was issued under section 245C.30 . (b) Before the kinship placement agreement is signed for the purpose of transferring permanent legal and physical custody to a relative under sections 260C.503 to 260C.515 , the commissioner shall conduct a background study on each person age 13 or older living in the home. When a prospective relative custodian has a child foster care license, a new background study is not required when: (1) a background study was completed on persons required to be studied under section 245C.03 in connection with the application for child foster care licensure after July 1, 2007; (2) the background study included a review of the information in section 245C.08 , subdivisions 1, 3, and 4; and (3) as a result of the background study, the individual was either not disqualified or, if disqualified, the disqualification was set aside under section 245C.22 , or a variance was issued under section 245C.30 . The commissioner and the county agency shall expedite any request for a set-aside or variance for a background study required under sections 142A.60 to 142A.612 .

§ Subd. 2. Information and data provided to county or private agency. The subject of the background study shall provide the information specified in section 245C.05 .

§ Subd. 3. Information and data provided to commissioner. The county or private agency shall forward the data collected under subdivision 2 to the commissioner.

§ Subd. 4. Information commissioner reviews. (a) The commissioner shall review the following information regarding the background study subject: (1) the information under section 245C.08, subdivisions 1 , 3, and 4; (2) information from the child abuse and neglect registry for any state in which the subject has resided for the past five years; and (3) information from national crime information databases, when required under section 245C.08 . (b) The commissioner shall provide any information collected under this subdivision to the county or private agency that initiated the background study. The commissioner shall also provide the agency with a notice whether the information collected shows that the subject of the background study has a conviction listed in United States Code, title 42, section 671(a)(20)(A).