Minnesota Administrative Rules

9560.0370 PLACEMENT PROVISIONS.

Subpart 1.

Interstate compact.

Placement of children to and from states which are parties of the Interstate Compact on the Placement of Children shall be made in accordance with the current terms of the compact.

Subp. 2.

Placements to and from noncompact states.

When a child enters or leaves the state of Minnesota for placement in foster care, the following policies are to be used when the move involves noncompact states:

A.

The commissioner's consent must be obtained for children entering or leaving the state for the purpose of placement in foster care, except for placements made by certain relatives and guardians under conditions prescribed in statute.

B.

Those seeking to place a child must demonstrate:

(1)

that they have legal authority to do so;

(2)

that the move is in the best interest of the child; and

(3)

that the move is necessary to provide the optimum placement opportunity for the child.

C.

Those seeking to place a child shall furnish the commissioner such supporting or additional information, consents, or guarantees as the commissioner may deem necessary to protect the child.

Subp. 3.

Agreements submitted to commissioner.

Prior to the commissioner's consent for a child to leave the state for the purpose of foster care, the following information and agreements must be furnished the commissioner:

A.

identifying information on the child and parents;

B.

the name, address, and relationship of the individual in the receiving state responsible for the child's care;

C.

the authority of the agency or individual to make such placements; and

D.

written authorization for the out-of-state placement by the court of jurisdiction, or written authorization from the child's parent or guardian.

Statutory Authority:

MS s 257.40; 257.175

History:

L 1999 c 139 art 4 s 2

Published Electronically:

October 11, 2007