HF 2028

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:50pm

A bill for an act
relating to children; clarifying adoption preferences; amending Minnesota
Statutes 2012, section 259.57, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 259.57, subdivision 2, is amended to read:

Subd. 2.

Protection of child's best interests.

(a) The policy of the state of
Minnesota is to ensure that the best interests of children are met by requiring an
individualized determination of the needs of the child and how the adoptive placement
will serve the needs of the child.

(b) Among the factors the court shall consider in determining the needs of the child
are those specified under section 260C.193, subdivision 3, paragraph (b). Consistent with
section 245C.33 and Public Law 109-248, a complete background study is required before
the approval of an adoptive placement in a home.

(c) In reviewing adoptive placement and in determining appropriate adoption,
the court shall deleted text begin consider placement, consistent with the child's best interests and in the
following order, deleted text end new text begin give preference, in the absence of good cause to the contrary, to placing
the child new text end with deleted text begin (1) deleted text end a relative or relatives of the child deleted text begin , or (2) deleted text end new text begin . If the court finds placement
with a relative would be detrimental to the child or a relative is not available, then the
court shall consider placement with new text end an important friend with whom the child has resided
or had significant contact. Placement of a child cannot be delayed or denied based on race,
color, or national origin of the adoptive parent or the child. Whenever possible, siblings
should be placed together unless it is determined not to be in the best interests of a sibling.

(d) If the child's birth parent or parents explicitly request that relatives and important
friends not be considered, the court shall honor that request consistent with the best
interests of the child.

If the child's birth parent or parents express a preference for placing the child in an
adoptive home of the same or a similar religious background to that of the birth parent
or parents, the court shall place the child with a family that also meets the birth parent's
religious preference. Only if no family is available as described in paragraph (a) or (b)
may the court give preference to a family described in paragraph (c) that meets the
parent's religious preference.

(e) This subdivision does not affect the Indian Child Welfare Act, United States
Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
Act, sections 260.751 to 260.835.