Minnesota Administrative Rules

9560.0140 SERVICES TO FAMILIES APPLYING FOR ADOPTION.

Subpart 1.

Intake policy.

Each local social service agency shall establish a written intake policy, including social service fees when applicable, which provides for:

A.

performance of a suitability study upon the receipt of a properly filed adoption petition;

B.

screening of applications received from potential adoptive parents for children under state guardianship and other adoptable children who have special needs;

C.

supervision of adoptive families moving into Minnesota when so requested by the prior state of residence through the state agency's adoption unit; and

D.

performance of suitability studies on prospective families when requested by the state agency's adoption unit for out-of-state adoption agencies.

Subp. 2.

Standards governing adoptive homes.

Local social service agencies shall consider at a minimum the basic standards in items A, B, and C when determining the suitability of prospective adoptive parents.

A.

The applicant shall be primarily motivated to meet the child's needs, emotionally mature with healthy interpersonal relationships, in good physical and mental health, and able to adequately support and parent a child in a healthy and emotionally secure environment.

B.

The applicant shall have the capacity to accept and incorporate into the family a child born to other parents and to assist the child in understanding the child's genetic background and adoption.

C.

The applicant must not be delayed or denied the opportunity to adopt based on the race, color, or national origin of the applicant or the child involved.

Subp. 3.

Determining suitability of adoptive parents.

The local social service agency is responsible for determining the suitability of adoptive parents whom it has accepted for service.

Prospective adoptive parents which the local social service agency certifies as suitable for placement of a child shall be registered on the state adoption exchange. This requirement is optional for Hennepin, Ramsey, and St. Louis social service agencies.

Prospective adoptive parents deemed unsuitable by the local agency shall be informed in writing of that decision. Notification must be sent after the agency has counseled with the family on the relevant facts upon which the decision was based.

Prospective adoptive parents which the local agency determines are not suitable for an adoptive placement may be further reviewed by that agency, the county welfare or human service board, or the state agency's adoption unit upon the written request of the applicant. This review is limited to those factors on which the local agency based its decision.

Grievances arising out of adverse suitability studies are not subject to further administrative review pursuant to Minnesota Statutes, chapter 14, or Minnesota Statutes, section 256.045.

Statutory Authority:

MS s 14.388; 257.05; 257.175; 259.53; 259.67; 259.75; 259.87

History:

9 SR 909; 17 SR 1279; 27 SR 1367

Published Electronically:

October 11, 2007