reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.425 — Criminal Jurisdiction For Contributing To Need For Protection Or Services.

260C.425 CRIMINAL JURISDICTION FOR CONTRIBUTING TO NEED FOR PROTECTION OR SERVICES.
Subdivision 1.
Crimes.
(a) Any person who by act, word, or omission encourages, causes, or contributes to the need for protection or services is guilty of a gross misdemeanor.
(b) This section does not apply to licensed social services agencies and outreach workers who, while acting within the scope of their professional duties, provide services to runaway children.
Subd. 2.
Complaint; venue.
A complaint under this section may be filed by the county attorney having jurisdiction where the child is found, resides, or where the alleged act of contributing occurred. The complaint may be filed in either the juvenile or criminal divisions of the district court. A prior or pending petition alleging that the child is delinquent, a juvenile petty offender, or in need of protection or services is not a prerequisite to a complaint or a conviction under this section.
Subd. 3.
Affirmative defense.
If the child's conduct is the basis for the child's need for protection services, it is an affirmative defense to a prosecution under subdivision 1 if the defendant proves, by a preponderance of the evidence, that the defendant took reasonable steps to control the child's conduct.
History:
1999 c 139 art 3 s 43
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.4412 — Payment For Residential Placements.

260C.4412 PAYMENT FOR RESIDENTIAL PLACEMENTS.
(a) When a child is placed in a foster care group residential setting under Minnesota Rules, parts 2960.0020 to 2960.0710, a foster residence licensed under chapter 245A that meets the standards of Minnesota Rules, parts 2960.3200 to 2960.3230, or a children's residential facility licensed or approved by a tribe, foster care maintenance payments must be made on behalf of the child to cover the cost of providing food, clothing, shelter, daily supervision, school supplies, child's personal incidentals and supports, reasonable travel for visitation, or other transportation needs associated with the items listed. Daily supervision in the group residential setting includes routine day-to-day direction and arrangements to ensure the well-being and safety of the child. It may also include reasonable costs of administration and operation of the facility.
(b) The commissioner of human services shall specify the title IV-E administrative procedures under section 256.82 for each of the following residential program settings:
(1) residential programs licensed under chapter 245A or licensed by a tribe, including:
(i) qualified residential treatment programs as defined in section 260C.007, subdivision 26d;
(ii) program settings specializing in providing prenatal, postpartum, or parenting supports for youth; and
(iii) program settings providing high-quality residential care and supportive services to children and youth who are, or are at risk of becoming, sex trafficking victims;
(2) licensed residential family-based substance use disorder treatment programs as defined in section 260C.007, subdivision 22a; and
(3) supervised settings in which a foster child age 18 or older may live independently, consistent with section 260C.451.
(c) A lead contract under section 256.0112, subdivision 6, is not required to establish the foster care maintenance payment in paragraph (a) for foster residence settings licensed under chapter 245A that meet the standards of Minnesota Rules, parts 2960.3200 to 2960.3230. The foster care maintenance payment for these settings must be consistent with section 256N.26, subdivision 3, and subject to the annual revision as specified in section 256N.26, subdivision 9.
History:
2013 c 108 art 17 s 21; 1Sp2020 c 2 art 5 s 82; 2021 c 30 art 10 s 35
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.4413 — Initial Clothing Allowance.

260C.4413 INITIAL CLOTHING ALLOWANCE.
(a) An initial clothing allowance must be available to a child eligible for:
(1) the pre-Northstar Care for Children foster care program under section 260C.4411, subdivision 1; and
(2) the Northstar Care for Children benefits under section 256N.21.
(b) An initial clothing allowance must also be available for a foster child in a group residential setting based on the child's individual needs during the first 60 days of the child's initial placement. The agency must consider the parent's ability to provide for a child's clothing needs and the residential facility contracts.
(c) The county of financial responsibility under section 256G.02 or tribal agency authorized under section 256.01, subdivision 14b, shall approve an initial clothing allowance consistent with the child's needs. The amount of the initial clothing allowance must not exceed the monthly basic rate for the child's age group under section 256N.26, subdivision 3.
History:
2013 c 108 art 17 s 22
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.446 — Distribution Of Funds Recovered For Assistance Furnished.

260C.446 DISTRIBUTION OF FUNDS RECOVERED FOR ASSISTANCE FURNISHED.
When any amount shall be recovered from any source for assistance furnished under the provisions of sections 260C.001 to 260C.421, there shall be paid into the treasury of the state or county in the proportion in which they have respectively contributed toward the total assistance paid.
History:
1999 c 139 art 3 s 47; 2009 c 86 art 1 s 46; 2013 c 108 art 17 s 23
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.505 — Petition.

260C.505 PETITION.
(a) A permanency or termination of parental rights petition must be filed at or prior to the time the child has been in foster care or in the care of a noncustodial or nonresident parent for 11 months or in the expedited manner required in section 260C.503, subdivision 2, paragraph (a). The court administrator shall serve the petition as required in the Minnesota Rules of Juvenile Protection Procedure and section 260C.152 for the admit-deny hearing on the petition required in section 260C.507.
(b) A petition under this section is not required if the responsible social services agency intends to recommend that the child return to the care of the parent from whom the child was removed at or prior to the time the court is required to hold the admit-deny hearing required under section 260C.507.
History:
2012 c 216 art 4 s 26
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.507 — Admit-deny Hearing.

260C.507 ADMIT-DENY HEARING.
(a) An admit-deny hearing on the permanency or termination of parental rights petition shall be held not later than 12 months from the child's placement in foster care or an order for the child to be in the care of a noncustodial or nonresident parent.
(b) An admit-deny hearing on the termination of parental rights or transfer of permanent legal and physical custody petition required to be immediately filed under section 260C.503, subdivision 2, paragraph (a), shall be within ten days of the filing of the petition.
(c) At the admit-deny hearing, the court shall determine whether there is a prima facie basis for finding that the agency made reasonable efforts, or in the case of an Indian child active efforts, for reunification as required or that reasonable efforts for reunification are not required under section 260.012 and proceed according to the Minnesota Rules of Juvenile Protection Procedure.
History:
2012 c 216 art 4 s 27
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.509 — Trial.

260C.509 TRIAL.
The permanency proceedings shall be conducted in a timely fashion including that any trial required under section 260C.163 shall be commenced within 60 days of the admit-deny hearing required under section 260C.507. At the conclusion of the permanency proceedings, the court shall:
(1) order the child returned to the care of the parent or guardian from whom the child was removed; or
(2) order a permanency disposition under section 260C.515 or termination of parental rights under sections 260C.301 to 260C.328 if a permanency disposition order or termination of parental rights is in the child's best interests.
History:
2012 c 216 art 4 s 28
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.511 — Best Interests Of The Child.

260C.511 BEST INTERESTS OF THE CHILD.
(a) The "best interests of the child" means all relevant factors to be considered and evaluated. In the case of an Indian child, best interests of the child includes best interests of an Indian child as defined in section 260.755, subdivision 2a.
(b) In making a permanency disposition order or termination of parental rights, the court must be governed by the best interests of the child, including a review of the relationship between the child and relatives and the child and other important persons with whom the child has resided or had significant contact.
History:
2012 c 216 art 4 s 29; 2015 c 78 art 1 s 34
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.513 — Permanency Dispositions When Child Cannot Return Home.

260C.513 PERMANENCY DISPOSITIONS WHEN CHILD CANNOT RETURN HOME.
(a) For a child who cannot return home, a permanency placement with a relative is preferred. A permanency placement with a relative includes termination of parental rights and adoption by a relative, guardianship to the commissioner of human services through a consent to adopt with a relative, or a transfer of permanent legal and physical custody to a relative. The court must consider the best interests of the child and section 260C.212, subdivision 2, paragraph (a), when making a permanency determination.
(b) 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.
History:
2012 c 216 art 4 s 30; 2022 c 98 art 8 s 23
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.517 — Findings And Content Of Order For Permanency Disposition.

260C.517 FINDINGS AND CONTENT OF ORDER FOR PERMANENCY DISPOSITION.
(a) Except for an order terminating parental rights, an order permanently placing a child out of the home of the parent or guardian must include the following detailed findings:
(1) how the child's best interests are served by the order;
(2) the nature and extent of the responsible social services agency's reasonable efforts or, in the case of an Indian child, active efforts to reunify the child with the parent or guardian where reasonable efforts are required;
(3) the parent's or parents' efforts and ability to use services to correct the conditions which led to the out-of-home placement; and
(4) that the conditions which led to the out-of-home placement have not been corrected so that the child can safely return home.
(b) The court shall issue an order required under section 260C.515 and this section within 15 days of the close of the proceedings. The court may extend issuing the order an additional 15 days when necessary in the interests of justice and the best interests of the child.
History:
2012 c 216 art 4 s 32
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.519 — Further Court Hearings.

260C.519 FURTHER COURT HEARINGS.
Once a permanency disposition order has been made, further court hearings are necessary if:
(1) the child is ordered on a trial home visit or under the protective supervision of the responsible social services agency;
(2) the child continues in foster care;
(3) the court orders further hearings in a transfer of permanent legal and physical custody matter including if a party seeks to modify an order under section 260C.521, subdivision 2;
(4) an adoption has not yet been finalized; or
(5) the child returns to foster care after the court has entered an order for a permanency disposition under this section.
History:
2012 c 216 art 4 s 33
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.601 — Adoption Of Children Under Guardianship Of Commissioner.

260C.601 ADOPTION OF CHILDREN UNDER GUARDIANSHIP OF COMMISSIONER.
Subdivision 1.
Review and finalization requirements; adoption procedures.
(a) Sections 260C.601 to 260C.635 establish:
(1) the requirements for court review of children under the guardianship of the commissioner; and
(2) procedures for timely finalizing adoptions in the best interests of children under the guardianship of the commissioner.
(b) Adoption proceedings for children not under the guardianship of the commissioner are governed by chapter 259.
Subd. 2.
Duty of responsible agency.
The responsible social services agency has the duty to act as the commissioner's agent in making reasonable efforts to finalize the adoption of all children under the guardianship of the commissioner pursuant to section 260C.325. In implementing these duties, the agency shall ensure that:
(1) the best interests of the child are met in the planning and granting of adoptions;
(2) a child under the guardianship of the commissioner is appropriately involved in planning for adoption;
(3) the diversity of Minnesota's population and diverse needs including culture, religion, and language of persons affected by adoption are recognized and respected; and
(4) the court has the timely information it needs to make a decision that is in the best interests of the child in reviewing the agency's planning for adoption and when ordering the adoption of the child.
Subd. 3.
Background study.
Consistent with section 245C.33 and United States Code, title 42, section 671, a completed background study is required before the adoptive placement of the child in a related or an unrelated home.
History:
2012 c 216 art 1 s 26
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.603 — Definitions.

260C.603 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 260C.601 to 260C.635, the terms defined in this section have the meanings given them.
Subd. 2.
Adopting parent.
"Adopting parent" means an adult who has signed an adoption placement agreement regarding the child and has the same meaning as preadoptive parent under section 259A.01, subdivision 23.
Subd. 3.
Adoption placement agreement.
"Adoption placement agreement" means the written agreement between the responsible social services agency, the commissioner, and the adopting parent which reflects the intent of all the signatories to the agreement that the adopting parent establish a parent and child relationship by adoption with the child who is under the guardianship of the commissioner. The adoptive placement agreement must be in the commissioner's designated format.
Subd. 4.
Adoptive parent.
"Adoptive parent" has the meaning given in section 259A.01, subdivision 3.
Subd. 5.
Adoptive placement.
"Adoptive placement" means a placement made by the responsible social services agency upon a fully executed adoption placement agreement including the signatures of the adopting parent, the responsible social services agency, and the commissioner of human services according to section 260C.613, subdivision 1.
Subd. 6.
Commissioner.
"Commissioner" means the commissioner of human services or any employee of the Department of Human Services to whom the commissioner has delegated authority regarding children under the commissioner's guardianship.
Subd. 7.
Guardianship.
"Guardianship" has the meaning given in section 259A.01, subdivision 17; 260C.325; or 260C.515, subdivision 3.
Subd. 8.
Prospective adoptive parent.
"Prospective adoptive parent" means an individual who may become an adopting parent regardless of whether the individual has an adoption study approving the individual for adoption, but who has not signed an adoption placement agreement.
History:
2012 c 216 art 1 s 27
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.609 — Social And Medical History.

260C.609 SOCIAL AND MEDICAL HISTORY.
(a) The responsible social services agency shall thoroughly discuss the child's history with the prospective adoptive parent of the child and shall give a redacted copy of the child's social and medical history as described in section 260C.212, subdivision 15, including redacted attachments, to the prospective adoptive parent. If the prospective adoptive parent does not pursue adoption of the child, the prospective adoptive parent must return the child's social and medical history and redacted attachments to the agency. The responsible social services agency may give a redacted copy of the child's social and medical history to the child according to section 260C.212, subdivision 1.
(b) The report shall not include information that identifies birth relatives. Redacted copies of all of the child's relevant evaluations, assessments, and records must be attached to the social and medical history.
(c) The agency must submit the child's social and medical history to the Department of Human Services at the time that the agency submits the child's adoption placement agreement. Pursuant to section 260C.623, subdivision 4, the child's social and medical history must be submitted to the court at the time the adoption petition is filed with the court.
History:
2012 c 216 art 1 s 30; 2021 c 30 art 10 s 41
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.611 — Adoption Study Required.

260C.611 ADOPTION STUDY REQUIRED.
(a) An adoption study under section 259.41 approving placement of the child in the home of the prospective adoptive parent shall be completed before placing any child under the guardianship of the commissioner in a home for adoption. If a prospective adoptive parent has a current child foster care license under chapter 245A and is seeking to adopt a foster child who is placed in the prospective adoptive parent's home and is under the guardianship of the commissioner according to section 260C.325, subdivision 1, the child foster care home study meets the requirements of this section for an approved adoption home study if:
(1) the written home study on which the foster care license was based is completed in the commissioner's designated format, consistent with the requirements in sections 259.41, subdivision 2; and 260C.215, subdivision 4, clause (5); and Minnesota Rules, part 2960.3060, subpart 4;
(2) the background studies on each prospective adoptive parent and all required household members were completed according to section 245C.33;
(3) the commissioner has not issued, within the last three years, a sanction on the license under section 245A.07 or an order of a conditional license under section 245A.06; and
(4) the legally responsible agency determines that the individual needs of the child are being met by the prospective adoptive parent through an assessment under section 256N.24, subdivision 2, or a documented placement decision consistent with section 260C.212, subdivision 2.
(b) If a prospective adoptive parent has previously held a foster care license or adoptive home study, any update necessary to the foster care license, or updated or new adoptive home study, if not completed by the licensing authority responsible for the previous license or home study, shall include collateral information from the previous licensing or approving agency, if available.
History:
2012 c 216 art 1 s 31; 2014 c 312 art 25 s 31
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.615 — Duties Of Commissioner.

260C.615 DUTIES OF COMMISSIONER.
Subdivision 1.
Duties.
(a) For any child who is under the guardianship of the commissioner, the commissioner has the exclusive rights to consent to:
(1) the medical care plan for the treatment of a child who is at imminent risk of death or who has a chronic disease that, in a physician's judgment, will result in the child's death in the near future including a physician's order not to resuscitate or intubate the child; and
(2) the child donating a part of the child's body to another person while the child is living; the decision to donate a body part under this clause shall take into consideration the child's wishes and the child's culture.
(b) In addition to the exclusive rights under paragraph (a), the commissioner has a duty to:
(1) process any complete and accurate request for home study and placement through the Interstate Compact on the Placement of Children under section 260.851;
(2) process any complete and accurate application for adoption assistance forwarded by the responsible social services agency according to chapter 256N;
(3) review and process an adoption placement agreement forwarded to the commissioner by the responsible social services agency and return it to the agency in a timely fashion; and
(4) maintain records as required in chapter 259.
Subd. 2.
Duties not reserved.
All duties, obligations, and consents not specifically reserved to the commissioner in this section are delegated to the responsible social services agency, subject to supervision by the commissioner under section 393.07.
History:
2012 c 216 art 1 s 33; 2021 c 30 art 10 s 42
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.617 — Sibling Placement.

260C.617 SIBLING PLACEMENT.
(a) The responsible social services agency shall make every effort to place siblings together for adoption.
(b) The court shall review any proposal by the responsible social services agency to separate siblings for purposes of adoption.
(c) If there is venue in more than one county for matters regarding siblings who are under the guardianship of the commissioner, the judges conducting reviews regarding the siblings shall communicate with each other about the siblings' needs and, where appropriate, shall conduct review hearings in a manner that ensures coordinated planning by agencies involved in decision making for the siblings.
(d) After notice to the individuals and entities listed in section 260C.627, the foster or prospective adoptive parent of the child, and any foster, adopting, or adoptive parents of the child's siblings, or relatives with permanent legal and physical custody of the child's sibling, and upon hearing, the court may determine that a child under the court's jurisdiction may be separated from the child's sibling for adoption when:
(1) the responsible social services agency has made reasonable efforts to place the siblings together, and after finding reasonable efforts have been made, the court finds further efforts would significantly delay the adoption of one or more of the siblings and are therefore not in the best interests of one or more of the siblings; or
(2) the court determines it is not in the best interests of one or more of the siblings to be placed together after reasonable efforts by the responsible social services agency to place the siblings together.
History:
2012 c 216 art 1 s 34
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.621 — Jurisdiction And Venue.

260C.621 JURISDICTION AND VENUE.
Subdivision 1.
Jurisdiction.
(a) The juvenile court has original jurisdiction for all adoption proceedings involving the adoption of a child under the guardianship of the commissioner, including when the commissioner approves the placement of the child through the Interstate Compact on the Placement of Children under section 260.851 for adoption outside the state of Minnesota and an adoption petition is filed in Minnesota.
(b) The receiving state also has jurisdiction to conduct an adoption proceeding for a child under the guardianship of the commissioner when the adopting home was approved by the receiving state through the interstate compact.
Subd. 2.
Venue.
(a) Venue for the adoption of a child committed to the guardianship of the commissioner of human services shall be the court conducting reviews in the matter according to section 260C.607.
(b) Upon request of the responsible social services agency, the court conducting reviews under section 260C.607 may order that filing an adoption petition involving a child under the guardianship of the commissioner be permitted in the county where the adopting parent resides upon determining that:
(1) there is no motion for an order for adoptive placement of the child that has been filed or is reasonably anticipated by the responsible social services agency to be filed; and
(2) filing the petition in the adopting parent's county of residence will expedite the proceedings and serve the best interests of the child.
(c) When the court issues an order under paragraph (b), a copy of the court order shall be filed together with the adoption petition in the court of the adopting parent's county of residence.
(d) The court shall notify the court conducting reviews under section 260C.607 when the adoption is finalized so that the court conducting reviews under section 260C.607 may close its jurisdiction and the court record, including the court's electronic case record, in the county conducting the reviews shall reflect that adoption of the child was finalized.
History:
2012 c 216 art 1 s 36
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.625 — Documents Filed By Social Services Agency.

260C.625 DOCUMENTS FILED BY SOCIAL SERVICES AGENCY.
(a) The following shall be filed by the responsible social services agency prior to finalization of the adoption:
(1) a certified copy of the child's birth record;
(2) a certified copy of the findings and order terminating parental rights or order accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for guardianship to the commissioner;
(3) a copy of any communication or contact agreement under section 260C.619;
(4) certification that the Minnesota Fathers' Adoption Registry has been searched which requirement may be met according to the requirements of the Minnesota Rules of Adoption Procedure, Rule 32.01, subdivision 2;
(5) the original of each consent to adoption required, if any, unless the original was filed in the permanency proceeding conducted under section 260C.515, subdivision 3, and the order filed under clause (2) has a copy of the consent attached; and
(6) the postplacement assessment report required under section 259.53, subdivision 2.
(b) The responsible social services agency shall provide any known aliases of the child to the court.
History:
2012 c 216 art 1 s 38
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.627 — Notice Of Adoption Proceedings.

260C.627 NOTICE OF ADOPTION PROCEEDINGS.
Subdivision 1.
To whom given.
(a) Notice of the adoption proceedings shall not be given to any parent whose rights have been terminated or who has consented to the adoption of the child under this chapter.
(b) Notice of the adoption proceedings shall be given to the following:
(1) the child's tribe if the child is an Indian child;
(2) the responsible social services agency;
(3) the child's guardian ad litem;
(4) the child, if the child is age ten or over;
(5) the child's attorney; and
(6) the adopting parent.
(c) Notice of a hearing regarding the adoption petition shall have a copy of the petition attached unless service of the petition has already been accomplished.
Subd. 2.
Method of service.
Notice of adoption proceedings for a child under the guardianship of the commissioner may be served by United States mail or any other method approved by the Minnesota Rules of Adoption Procedure.
History:
2012 c 216 art 1 s 39
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.629 — Finalization Hearing.

260C.629 FINALIZATION HEARING.
Subdivision 1.
Consent.
(a) A parent whose rights to the child have not been terminated must consent to the adoption of the child. A parent may consent to the adoption of the child under section 260C.515, subdivision 3, and that consent shall be irrevocable upon acceptance by the court except as otherwise provided in section 260C.515, subdivision 3, clause (2)(i). A parent of an Indian child may consent to the adoption of the child according to United States Code, title 25, section 1913, and that consent may be withdrawn for any reason at any time before the entry of a final decree of adoption.
(b) When the child to be adopted is age 14 years or older, the child's written consent to adoption by the adopting parent is required.
(c) Consent by the responsible social services agency or the commissioner is not required because the adoptive placement has been made by the responsible social services agency.
Subd. 2.
Required documents.
In order to issue a decree for adoption and enter judgment accordingly, the court must have the following documents in the record:
(1) the original birth record of the child;
(2) an adoption study report including a background study required under section 259.41;
(3) a certified copy of the findings and order terminating parental rights or order accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for guardianship to the commissioner;
(4) any consents required under subdivision 1;
(5) the child's social and medical history under section 260C.609;
(6) the postplacement assessment report required under section 259.53, subdivision 2, unless waived by the court on the record at a hearing under section 260C.607; and
(7) a report from the child's guardian ad litem.
History:
2012 c 216 art 1 s 40
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.631 — Judgment And Decree.

260C.631 JUDGMENT AND DECREE.
(a) After taking testimony from the responsible social services agency, which may be by telephone or affidavit if the court has transferred venue of the matter to a county not conducting the posttermination of parental rights reviews under section 260C.607, and the adopting parent, if the court finds that it is in the best interests of the child that the petition be granted, a decree of adoption shall be issued ordering that the child to be adopted shall be the child of the adopting parent. In the decree, the court may change the name of the adopted child, if a name change is requested.
(b) After the decree is granted, the court administrator shall mail a copy of the decree to the commissioner of human services.
History:
2012 c 216 art 1 s 41
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.633 — Adoption Denied.

260C.633 ADOPTION DENIED.
(a) If the court is not satisfied that the proposed adoption is in the best interests of the child to be adopted, the court shall deny the petition and order the responsible social services agency to take appropriate action for the protection and safety of the child. If venue has been transferred under section 260C.621, subdivision 2, the court denying the petition shall notify the court originally conducting the guardianship reviews under section 260C.607.
(b) The court responsible for conducting reviews under section 260C.607 shall set a hearing within 30 days of receiving notice of denial of the petition.
(c) Any appeal of the denial of an adoption petition under this section shall be made according to the requirements of the Minnesota Rules of Adoption Procedure.
History:
2012 c 216 art 1 s 42
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.635 — Effect Of Adoption.

260C.635 EFFECT OF ADOPTION.
Subdivision 1.
Legal effect.
(a) Upon adoption, the adopted child becomes the legal child of the adopting parent and the adopting parent becomes the legal parent of the child with all the rights and duties between them of a birth parent and child.
(b) The child shall inherit from the adoptive parent and the adoptive parent's relatives the same as though the child were the birth child of the parent, and in case of the child's death intestate, the adoptive parent and the adoptive parent's relatives shall inherit the child's estate as if the child had been the adoptive parent's birth child.
(c) After a decree of adoption is entered, the birth parents or previous legal parents of the child shall be relieved of all parental responsibilities for the child except child support that has accrued to the date of the order for guardianship to the commissioner which continues to be due and owing. The child's birth or previous legal parent shall not exercise or have any rights over the adopted child or the adopted child's property, person, privacy, or reputation.
(d) The adopted child shall not owe the birth parents or the birth parent's relatives any legal duty nor shall the adopted child inherit from the birth parents or kindred unless otherwise provided for in a will of the birth parent or kindred.
(e) Upon adoption, the court shall complete a certificate of adoption form and mail the form to the Office of Vital Records at the Minnesota Department of Health. Upon receiving the certificate of adoption, the state registrar shall register a replacement vital record in the new name of the adopted child as required under section 144.218.
Subd. 2.
Enrollment in American Indian tribe.
Notwithstanding the provisions of subdivision 1, the adoption of a child whose birth parent or parents are enrolled in an American Indian tribe shall not change the child's enrollment in that tribe.
Subd. 3.
Communication or contact agreements.
This section does not prohibit birth parents, relatives, birth or legal siblings, and adoptive parents from entering a communication or contact agreement under section 260C.619.
History:
2012 c 216 art 1 s 43; 2013 c 108 art 12 s 98
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.637 — Access To Original Birth Record Information.

260C.637 ACCESS TO ORIGINAL BIRTH RECORD INFORMATION.
An adopted person may ask the commissioner of health to disclose the information on the adopted person's original birth record according to section 259.89.
History:
2012 c 216 art 1 s 44
NOTE:
This section is repealed by Laws 2023, chapter 70, article 4, section 113, effective July 1, 2024. Laws 2023, chapter 70, article 4, section 113.
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.70 — Citation.

260C.70 CITATION.
Sections 260C.70 to 260C.714 may be cited as "Placements in Qualified Residential Treatment Programs." Sections 260C.70 to 260C.714 implement the requirements of the Family First Prevention Services Act of 2018, Public Law 115-123, and apply to children for whom the juvenile treatment screening team under section 260C.157, subdivision 3, recommends placement in a qualified residential treatment program.
History:
1Sp2020 c 2 art 5 s 84
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.702 — Requirements For Placements In Qualified Residential Treatment Programs.

260C.702 REQUIREMENTS FOR PLACEMENTS IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS.
For the responsible social services agency to place a child in a qualified residential treatment program, there must be:
(1) an assessment by a qualified individual of whether it is necessary and appropriate to place the child at a qualified residential treatment program under section 260C.704;
(2) a family and permanency team under section 260C.706;
(3) an out-of-home placement plan under section 260C.708;
(4) court approval of a child's placement in a qualified residential treatment program under section 260C.71;
(5) ongoing reviews and permanency hearings under section 260C.712; and
(6) a court review of any extended placement of the child in a qualified residential treatment program under section 260C.714.
History:
1Sp2020 c 2 art 5 s 85
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.712 — Ongoing Reviews And Permanency Hearing Requirements.

260C.712 ONGOING REVIEWS AND PERMANENCY HEARING REQUIREMENTS.
As long as a child remains placed in a qualified residential treatment program, the responsible social services agency shall submit evidence at each administrative review under section 260C.203; each court review under sections 260C.202, 260C.203, 260C.204, 260D.06, 260D.07, and 260D.08; and each permanency hearing under section 260C.515, 260C.519, 260C.521, or 260D.07 that:
(1) demonstrates that an ongoing assessment of the strengths and needs of the child continues to support the determination that the child's needs cannot be met through placement in a family foster home;
(2) demonstrates that the placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;
(3) demonstrates how the placement is consistent with the short-term and long-term goals for the child, as specified in the child's permanency plan;
(4) documents how the child's specific treatment or service needs will be met in the placement;
(5) documents the length of time that the agency expects the child to need treatment or services;
(6) documents the responsible social services agency's efforts to prepare the child to return home or to be placed with a fit and willing relative, legal guardian, adoptive parent, or foster family; and
(7) if the child is placed in a qualified residential treatment program out of state, documents the compelling reasons for placing the child out of state, and the reasons that the child's needs cannot be met by an in-state placement.
History:
1Sp2020 c 2 art 5 s 90; 2021 c 30 art 10 s 47
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.714 — Review Of Extended Qualified Residential Treatment Program Placements.

260C.714 REVIEW OF EXTENDED QUALIFIED RESIDENTIAL TREATMENT PROGRAM PLACEMENTS.
(a) When a responsible social services agency places a child in a qualified residential treatment program for more than 12 consecutive months or 18 nonconsecutive months or, in the case of a child who is under 13 years of age, for more than six consecutive or nonconsecutive months, the agency must submit: (1) the signed approval by the county social services director of the responsible social services agency; and (2) the evidence supporting the child's placement at the most recent court review or permanency hearing under section 260C.712.
(b) The commissioner shall specify the procedures and requirements for the agency's review and approval of a child's extended qualified residential treatment program placement. The commissioner may consult with counties, tribes, child-placing agencies, mental health providers, licensed facilities, the child, the child's parents, and the family and permanency team members to develop case plan requirements and engage in periodic reviews of the case plan.
History:
1Sp2020 c 2 art 5 s 91; 2021 c 30 art 10 s 48
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.80 — Office Of The Foster Youth Ombudsperson; Board.

260C.80 OFFICE OF THE FOSTER YOUTH OMBUDSPERSON; BOARD.
Subdivision 1.
Office of the Foster Youth Ombudsperson.
The Office of the Foster Youth Ombudsperson is hereby created. The ombudsperson serves in the unclassified service, must be selected without regard to political affiliation, and must be a person highly competent and qualified to work to improve the lives of youth in the foster care system, while understanding the administration and public policy related to youth in the foster care system. The ombudsperson may be removed only for just cause. No person may serve as the foster youth ombudsperson while holding any other public office. The foster youth ombudsperson is accountable to the governor and may investigate decisions, acts, and other matters related to the health, safety, and welfare of youth in foster care to promote the highest attainable standards of competence, efficiency, and justice for youth who are in the care of the state.
Subd. 2.
Board of the Foster Youth Ombudsperson.
The Board of the Foster Youth Ombudsperson is established to make recommendations to the foster youth ombudsperson and staff while continuously overseeing the foster youth ombudsperson's work. The board shall evaluate the foster youth ombudsperson's effectiveness through regular meetings with current and former youth in the foster care system and community advocates working closely with the foster care system. The board consists of:
(1) five youth who are currently in the foster care system or who were recently in the foster care system;
(2) four adults who were in the foster care system as youths;
(3) one attorney who works in the juvenile court system or family court;
(4) one guardian ad litem who is currently appointed to protect the interests of minors in cases in the juvenile court system;
(5) one social worker who works in the juvenile justice system or family court; and
(6) three nonprofit professionals who work at nonprofits serving foster youth.
Subd. 3.
Terms; compensation; removal; vacancies.
The membership terms, compensation, removal of members, and filling of vacancies on the Board of the Foster Youth Ombudsperson are governed by section 15.0575. A member of the Board of the Foster Youth Ombudsperson must not have a conflict of interest with the board due to the member's employment with a county or the agency.
History:
2022 c 63 s 2; 2023 c 70 art 14 s 12
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.81 — Organization Of The Office Of The Foster Youth Ombudsperson.

260C.81 ORGANIZATION OF THE OFFICE OF THE FOSTER YOUTH OMBUDSPERSON.
The foster youth ombudsperson may select, appoint, and compensate out of available funds assistants and employees to perform the ombudsperson's responsibilities, including intake, investigation, administrative support, legal advocacy, and other support necessary to assist foster youth. The foster youth ombudsperson and full-time staff are members of the Minnesota State Retirement Association. The foster youth ombudsperson may delegate to staff members any of the ombudsperson's authority or duties except the duty of formally making recommendations to an agency or reports to the Office of the Governor or to the legislature. The Office of the Foster Youth Ombudsperson shall provide outreach, resources, and assistance to youth in foster care by directly engaging with youth in residential treatment facilities, group homes, and family foster homes. The Office of the Foster Youth Ombudsperson shall receive administrative support from the commissioner of administration under section 16B.371.
History:
2022 c 63 s 3
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260C — Juvenile Safety And Placement › Section 260C.83 — Recommendations And Reports To Governor.

260C.83 RECOMMENDATIONS AND REPORTS TO GOVERNOR.
Subdivision 1.
Specific reports.
The ombudsperson may send conclusions and suggestions concerning any matter reviewed to the governor. Before finalizing a conclusion or recommendation that expressly or implicitly criticizes an agency, facility, program, or any person, the ombudsperson shall consult with the governor and the agency, facility, program, or person concerning the conclusion or recommendation. When sending a conclusion or recommendation to the governor that is adverse to an agency, facility, program, or any person, the ombudsperson shall include any statement of reasonable length made by that agency, facility, program, or person in defense or mitigation of the office's conclusion or recommendation.
Subd. 2.
General reports.
In addition to whatever conclusions or recommendations the ombudsperson may make to the governor on an ad hoc basis, the ombudsperson shall, at the end of each biennium, report to the governor and to the chairs and ranking minority members of the legislative committees with jurisdiction over child welfare and state government concerning the exercise of the ombudsperson's functions during the preceding biennium.
History:
2022 c 63 s 5
2023 Minnesota Statutes › Chapters 245 - 267 — Public Welfare And Related Activities › Chapter 260D — Child In Voluntary Foster Care For Treatment › Section 260D.03 — Voluntary Foster Care.

260D.03 VOLUNTARY FOSTER CARE.
Subdivision 1.
Voluntary foster care.
When the agency's screening team, based upon the diagnostic and functional assessment under section 245.4885 or medical necessity screenings under section 256B.092, subdivision 7, determines the child's need for treatment due to emotional disturbance or developmental disability or related condition requires foster care placement of the child, a voluntary foster care agreement between the child's parent and the agency gives the agency legal authority to place the child in foster care.
Subd. 2.
Voluntary foster care agreement.
A voluntary foster care agreement shall be used to provide the agency the legal authority to place a child in foster care for treatment due to the child's disability. The agreement must be in writing and signed by both the child's parent and the agency. The agreement must be in a form approved by the commissioner of human services, and shall contain notice to parents of the consequences to the parent and to the child of being in voluntary foster care.
History:
2008 c 361 art 6 s 46; 2009 c 163 art 2 s 37