SF 1875

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to child protection; modifying requirements 
  1.3             for a relative search; amending Minnesota Statutes 
  1.4             2002, section 260C.212, subdivision 5. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 260C.212, 
  1.7   subdivision 5, is amended to read: 
  1.8      Subd. 5.  [RELATIVE SEARCH; NATURE.] (a) In implementing 
  1.9   the requirement that the responsible social services agency must 
  1.10  consider placement with a relative under subdivision 2 as soon 
  1.11  as possible after identifying the need for placement of the 
  1.12  child in foster care, the responsible social services agency 
  1.13  shall identify relatives of the child and notify them of the 
  1.14  need for a foster care home for the child and of the possibility 
  1.15  of the need for a permanent out-of-home placement of the child.  
  1.16  The relative search required by this section shall be reasonable 
  1.17  in scope and may last up to six months or until a fit and 
  1.18  willing relative is identified.  Relatives should be notified 
  1.19  that a decision not to be a placement resource at the beginning 
  1.20  of the case may affect the relative being considered for 
  1.21  placement of the child with that relative later.  The relatives 
  1.22  must be notified that they must keep the responsible social 
  1.23  services agency informed of their current address in order to 
  1.24  receive notice that a permanent placement is being sought for 
  1.25  the child.  A relative who fails to provide a current address to 
  2.1   the responsible social services agency forfeits the right to 
  2.2   notice of the possibility of permanent placement.  A decision by 
  2.3   a relative not to be a placement resource at the beginning of 
  2.4   the case shall not affect whether the relative is considered for 
  2.5   placement of the child with that relative later. 
  2.6      (b) A responsible social services agency may disclose 
  2.7   private or confidential data, as defined in section 13.02, to 
  2.8   relatives of the child for the purpose of locating a suitable 
  2.9   placement.  The agency shall disclose only data that is 
  2.10  necessary to facilitate possible placement with relatives.  If 
  2.11  the child's parent refuses to give the responsible social 
  2.12  services agency information sufficient to identify relatives of 
  2.13  the child, the agency shall determine whether the parent's 
  2.14  refusal is in the child's best interests.  If the agency 
  2.15  determines the parent's refusal is not in the child's best 
  2.16  interests, the agency shall file a petition under section 
  2.17  260C.141, and shall ask the juvenile court to order the parent 
  2.18  to provide the necessary information.  If a parent makes an 
  2.19  explicit request that relatives or a specific relative not be 
  2.20  contacted or considered for placement, the agency shall bring 
  2.21  the parent's request to the attention of the court to determine 
  2.22  whether the parent's request is consistent with the best 
  2.23  interests of the child and the agency shall not contact 
  2.24  relatives or a specific relative unless authorized to do so by 
  2.25  the juvenile court. 
  2.26     (c) When the placing agency determines that a permanent 
  2.27  placement hearing is necessary because there is a likelihood 
  2.28  that the child will not return to a parent's care, the agency 
  2.29  may send the notice provided in paragraph (d), may ask the court 
  2.30  to modify the requirements of the agency under this paragraph, 
  2.31  or may ask the court to completely relieve the agency of the 
  2.32  requirements of this paragraph.  The relative notification 
  2.33  requirements of this paragraph do not apply when the child is 
  2.34  placed with an appropriate relative or a foster home that has 
  2.35  committed to being the permanent legal placement for the child 
  2.36  and the agency approves of that foster home for permanent 
  3.1   placement of the child.  The actions ordered by the court under 
  3.2   this section must be consistent with the best interests, safety, 
  3.3   and welfare of the child. 
  3.4      (d) Unless required under the Indian Child Welfare Act or 
  3.5   relieved of this duty by the court under paragraph (c), when the 
  3.6   agency determines that it is necessary to prepare for the 
  3.7   permanent placement determination hearing, or in anticipation of 
  3.8   filing a termination of parental rights petition, the agency 
  3.9   shall send notice to the relatives, any adult with whom the 
  3.10  child is currently residing, any adult with whom the child has 
  3.11  resided for one year or longer in the past, and any adults who 
  3.12  have maintained a relationship or exercised visitation with the 
  3.13  child as identified in the agency case plan.  The notice must 
  3.14  state that a permanent home is sought for the child and that the 
  3.15  individuals receiving the notice may indicate to the agency 
  3.16  their interest in providing a permanent home.  The notice must 
  3.17  state that within 30 days of receipt of the notice an individual 
  3.18  receiving the notice must indicate to the agency the 
  3.19  individual's interest in providing a permanent home for the 
  3.20  child or that the individual may lose the opportunity to be 
  3.21  considered for a permanent placement.