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Minnesota Legislature

Office of the Revisor of Statutes

9560.0603 PLACEMENT PLAN.

Subpart 1.

Placement plan required.

A local agency must prepare a written placement plan for the child within 30 days of placement.

Subp. 2.

Preparation of plan.

Placement plans must comply with Minnesota Statutes, section 260C.212, subdivision 1. Plans for court-ordered placements must also comply with Minnesota Statutes, section 260C.201, subdivision 6.

Subp. 3.

Signing of plan.

The plan must be signed by the agency, the parents, the foster care provider, and, if able to understand the meaning of the agreement, the child.

Subp. 4.

Components of placement plan; general.

A child's placement plan must set forth:

A.

the reasons for placement of the child, including a description of the problems or conditions in the home that caused placement of the child, and services provided to prevent placement;

B.

placement options that were considered, the reasons the specific foster care provider was chosen for the child, with documentation of the search for the child's relatives. If the child was placed in another county or state, the plan must address why the child was not placed in the child's local county;

C.

the specific actions to be taken by the child, the child's parent or guardian, or foster care provider to correct the problems or conditions identified in item A and the period in which the actions are to be taken;

D.

the financial responsibilities and obligations, if any, of the parent or guardian for the support of the child in placement;

E.

the need of the child and the child's family for care, treatment, or rehabilitation;

F.

the services requested or needed by the child, the child's parent or guardian, and foster care provider, the services to be provided and who will provide them, or the reasons for denying the services;

G.

the visitation rights and obligations of the parents, guardians, and other relatives if the visitation is consistent with the best interest of the child;

H.

the specific efforts the local agency will make to reunite the family;

I.

the decisions about the child that the local agency will make and the decisions requiring consent of the parents or guardian;

J.

the authority and responsibility of the foster care provider to arrange for the education of the child and to meet with teachers regarding the child's progress;

K.

the notice required under subpart 7; and

L.

the date on which the child is expected to return home.

Subp. 5.

Information to foster care provider.

The local agency must fully inform the foster care provider of the provisions in the plan.

Subp. 6.

Assistance from social services, legal counsel, or guardian ad litem.

The local agency must advise the child, the parent or guardian, and any grandparent with the right to participate under Minnesota Statutes, section 260B.163, subdivision 2, or 260C.163, subdivision 2, that they may consult any person or agency in preparation of the placement plan; that the parent and child each has the right to legal counsel in the preparation of the placement plan; and that the child has the right to a guardian ad litem as set forth in Minnesota Statutes, section 260B.163, subdivision 6, or 260C.163, subdivision 5.

Subp. 7.

Notice to parents.

The local agency must inform the child's parent or guardian:

A.

about the conditions that must be corrected to assure the child's return home;

B.

that the inability or unwillingness of the parent, guardian, or child to correct the conditions leading to the child's placement may result in a petition to the court to terminate parental or custodial rights;

C.

the right of the parents or guardians to receive notice if the local agency petitions the court for a termination of parental rights in accordance with Minnesota Statutes, sections 260C.301 to 260C.317. In this event, the local agency must document in the child's case record that it gave the required notice to the child and the child's parents or guardians.

Subp. 8.

Notice to child.

The local agency must explain the placement plan and any subsequent changes in the plan to the child in a manner appropriate to the child's age.

Statutory Authority:

MS s 257.071; 257.072; 260C.212; 260C.215

History:

20 SR 2778; L 1999 c 139 art 4 s 2

Published Electronically:

October 11, 2007