SF 2523

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

A bill for an act
relating to children; changing certain placement provisions for children in foster
or residential care; amending Minnesota Statutes 2006, section 260C.193,
subdivision 3.

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

Section 1.

Minnesota Statutes 2006, section 260C.193, subdivision 3, is amended to
read:

Subd. 3.

Best interest of the child in foster care or residential care.

(a) The
policy of the state is to ensure that the best interests of children in foster or residential care
are met by requiring individualized determinations under section 260C.212, subdivision 2,
paragraph (b), of the needs of the child and of how the selected placement will serve the
needs of the child in foster care placements.

(b) The court shall review whether the responsible social services agency made
efforts as required under section 260C.212, subdivision 5, and made an individualized
determination as required under section 260C.212, subdivision 2. If the court finds the
agency has not made efforts as required under section 260C.212, subdivision 5, and there is
a relative who qualifies to be licensed to provide family foster care under chapter 245A, the
court may order the child placed with the relative consistent with the child's best interests.

(c) deleted text begin If the child's birth parent or parents explicitly request that a relative or important
friend not be considered, the court shall honor that request if it is consistent with the best
interests of the child. deleted text end If the child's birth parent or parents express a preference for placing
the child in a foster or adoptive home of the same or a similar religious background to
that of the birth parent or parents, the court shall order placement of the child with an
individual who meets the birth parent's religious preference.

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

(e) Whenever possible, siblings should be placed together unless it is determined
not to be in the best interests of a sibling. If siblings are not placed together according to
section 260C.212, subdivision 2, paragraph (d), the responsible social services agency
shall report to the court the efforts made to place the siblings together and why the
efforts were not successful. If the court is not satisfied with the agency's efforts to place
siblings together, the court may order the agency to make further efforts. If siblings are
not placed together the court shall review the responsible social services agency's plan
for visitation among siblings required as part of the out-of-home placement plan under
section 260C.212.

(f) 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.