Minnesota Administrative Rules

9560.0480 GUARDIANSHIP RECORDS.

Subpart 1.

Content.

The local agency shall maintain a record on each child for whom it is responsible. The record must contain:

A.

copies of all court findings and orders affecting custody, termination of parental rights, and assignment of guardianship to the commissioner;

B.

data on the background and health history of the child and the child's birth family;

C.

data on the background of the child's adoptive family if a previous adoption has occurred;

D.

copies of notices to an Indian child's tribe whenever the child is placed in a home of a relative, a residential program or an adoptive home, as well as when there is an administrative review or court disposition;

E.

documentation of the child's eligibility for benefits and services under title IV-E of the Social Security Act and other provisions of state and federal law, unless the child is no longer a ward or is at least age 21; and

F.

all other information required by Minnesota Statutes, section 257.01.

Subp. 2.

Retention.

The record required under subpart 1 must be retained on a permanent basis using a record system that ensures privacy and lasting preservation.

Subp. 3.

Use of information.

Unless state law requires a different classification, all information on a child must be maintained by the local agency in the child's county of residence as private data and disseminated according to the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13. Unless state law requires a different classification, all information on a child who is subsequently adopted must be maintained as confidential data under Minnesota Statutes, section 259.79, subdivision 1.

Statutory Authority:

MS s 260.242; 260C.325; 393.07

History:

15 SR 2533; L 1994 C 631 s 31; L 1999 c 139 art 4 s 2

Published Electronically:

October 11, 2007