SF 27

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to children; clarifying certain requirements in protecting or placing
certain children; amending Minnesota Statutes 2006, sections 260C.001,
subdivision 2; 260C.212, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 260C.001, subdivision 2, is amended to
read:

Subd. 2.

Child in need of protection services.

The paramount consideration in all
proceedings concerning a child alleged or found to be in need of protection or services is
the health, safety, and best interests of the child. In proceedings involving an American
Indian child, as defined in section 260.755, subdivision 8, the best interests of the child
must be determined consistent with sections 260.751 to 260.835 and the Indian Child
Welfare Act, United States Code, title 25, sections 1901 to 1923. The purpose of the
laws relating to juvenile courts is to secure for each child alleged or adjudicated in need
of protection or services and under the jurisdiction of the court, deleted text begin the deleted text end care and guidance deleted text begin ,
preferably in the child's own home, deleted text end as will best serve the spiritual, emotional, mental, and
physical welfare of the child; to provide judicial procedures which protect the welfare of
the child; to preserve and strengthen the child's family ties whenever possible and in the
child's best interests, removing the child from the custody of parents only when the child's
welfare or safety cannot be adequately safeguarded without removal; and, when removal
from the child's own family is necessary and in the child's best interests, to secure for the
child custody, care and discipline as nearly as possible equivalent to that which should
have been given by the parents. new text begin In determining whether a child's welfare or safety can
be adequately safeguarded without removal, the court must take into consideration the
totality of the child's circumstances and past history including whether the child has been
abused or neglected by the parent, the likelihood that the child will experience abuse or
neglect while in the parent's care, and any serious danger to the child's physical health or
safety or mental health due to:
new text end

new text begin (1) the parent's ability to care for the child;
new text end

new text begin (2) the parent's failure or inability to protect the child; or
new text end

new text begin (3) health or safety issues caused by the parent's associations or the family
environment created by the parent.
new text end

Sec. 2.

Minnesota Statutes 2006, section 260C.212, subdivision 2, is amended to read:

Subd. 2.

Placement decisions based on best interest of the child.

(a) The policy
of the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of how the selected placement
will serve the needs of the child being placed. The authorized child-placing agency shall
place a child, released by court order or by voluntary release by the parent or parents, in
a family foster home selected by considering placement with relatives and important
friends in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption; or

(2) with an individual who is an important friend with whom the child has resided or
had significant contact.

(b) Among the factors the agency shall consider in determining the needs of the
child are the following:

(1) the child's current functioning and behaviors;

(2) the medical, educational, and developmental needs of the child;

(3) the child's history and past experience;

(4) the child's religious and cultural needs;

(5) the child's connection with a community, school, and church;

(6) the child's interests and talents;

(7) the child's relationship to current caretakers, parents, siblings, and relatives; and

(8) the reasonable preference of the child, if the court, or the child-placing agency
in the case of a voluntary placement, deems the child to be of sufficient age to express
preferences.

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest
possible time unless it is determined not to be in the best interests of a sibling or unless it
is not possible after appropriate efforts by the responsible social services agency.

new text begin (e) The court may, but is not required to, consider the preference of the parent or
parents in placing the child.
new text end