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Minnesota Legislature

Office of the Revisor of Statutes


Subpart 1.


The local social service agency may consider the foster home in which the child is currently living as a potential adoptive resource for the child.

In such cases the criteria in items A to C apply.


The child has special needs as defined in part 9560.0040, subpart 2 which the foster family will be able to adequately meet, or the child is older than an infant, has lived at least 12 consecutive months in the foster home, and is an integrated member of the foster family.


The foster family will be able to accept the child and the child's background and help the child understand the adoption.


The foster family is either the best adoptive resource for the child or is at least comparable to available resources.

Subp. 2.

Joint decision required.

Except in Hennepin, Ramsey, and St. Louis Counties, a joint decision between the state agency's adoption unit and the local social service agency as to whether the foster home would be a suitable adoptive home for the child must be made. The agencies shall base their decision upon:


the local social service agency's written statement and recommendation to the state agency identifying applicable criteria; and


the state agency's written response either approving or disapproving the recommendation.

Subp. 3.

Local agency approval required.

Where a licensed child-placing agency which is supervising a child under state guardianship wishes to consider the foster home as the adoptive resource for the child, it shall obtain approval from the local social service agency which has financial responsibility.

Statutory Authority:

MS s 245A.09; 257.05; 257.175; 259.53; 259.67; 259.75; 259.87


9 SR 909; 17 SR 1279

Published Electronically:

October 15, 2013