1997 Minnesota Statutes

     257.071 Children in foster homes; placement; review. 

    Subdivision 1.    Placement; plan.  A case plan shall be 
 prepared within 30 days after any child is placed in a 
 residential facility by court order or by the voluntary release 
 of the child by the parent or parents.  

    For purposes of this section, a residential facility means 
 any group home, family foster home or other publicly supported 
 out-of-home residential facility, including any out-of-home 
 residential facility under contract with the state, county or 
 other political subdivision, or any agency thereof, to provide 
 those services or foster care as defined in section 260.015, 
 subdivision 7.  

    For the purposes of this section, a case plan means a 
 written document which is ordered by the court or which is 
 prepared by the social service agency responsible for the 
 residential facility placement and is signed by the parent or 
 parents, or other custodian, of the child, the child's legal 
 guardian, the social service agency responsible for the 
 residential facility placement, and, if possible, the child.  
 The document shall be explained to all persons involved in its 
 implementation, including the child who has signed the document, 
 and shall set forth: 

    (1) The specific reasons for the placement of the child in 
 a residential facility, including a description of the problems 
 or conditions in the home of the parent or parents which 
 necessitated removal of the child from home; 

    (2) The specific actions to be taken by the parent or 
 parents of the child to eliminate or correct the problems or 
 conditions identified in clause (1), and the time period during 
 which the actions are to be taken; 

    (3) The financial responsibilities and obligations, if any, 
 of the parents for the support of the child during the period 
 the child is in the residential facility; 

    (4) The visitation rights and obligations of the parent or 
 parents or other relatives as defined in section 260.181, if 
 such visitation is consistent with the best interest of the 
 child, during the period the child is in the residential 
 facility; 

    (5) The social and other supportive services to be provided 
 to the parent or parents of the child, the child, and the 
 residential facility during the period the child is in the 
 residential facility; 

    (6) The date on which the child is expected to be returned 
 to the home of the parent or parents; 

    (7) The nature of the effort to be made by the social 
 service agency responsible for the placement to reunite the 
 family; and 

    (8) Notice to the parent or parents that placement of the 
 child in foster care may result in termination of parental 
 rights but only after notice and a hearing as provided in 
 chapter 260. 

    The parent or parents and the child each shall have the 
 right to legal counsel in the preparation of the case plan and 
 shall be informed of the right at the time of placement of the 
 child.  The child shall also have the right to a guardian ad 
 litem.  If unable to employ counsel from their own resources, 
 the court shall appoint counsel upon the request of the parent 
 or parents or the child or the child's legal guardian.  The 
 parent or parents may also receive assistance from any person or 
 social service agency in preparation of the case plan. 

    After the plan has been agreed upon by the parties 
 involved, the foster parents shall be fully informed of the 
 provisions of the case plan. 

    When an agency accepts a child for placement, the agency 
 shall determine whether the child has had a physical examination 
 by or under the direction of a licensed physician within the 12 
 months immediately preceding the date when the child came into 
 the agency's care.  If there is documentation that the child has 
 had such an examination within the last 12 months, the agency is 
 responsible for seeing that the child has another physical 
 examination within one year of the documented examination and 
 annually in subsequent years.  If the agency determines that the 
 child has not had a physical examination within the 12 months 
 immediately preceding placement, the agency shall ensure that 
 the child has the examination within 30 days of coming into the 
 agency's care and once a year in subsequent years. 

    Subd. 1a.    Placement decisions based on best interest of 
 the child.  (a) The policy of the state of Minnesota is to 
 ensure that the child's best interests are met by requiring an 
 individualized determination of the needs of the child and of 
 how the selected placement will serve the needs of the child 
 being placed.  The authorized child-placing agency shall place a 
 child, released by court order or by voluntary release by the 
 parent or parents, in a family foster home selected by 
 considering placement with relatives and important friends 
 consistent with section 260.181, subdivision 3.  

    (b) Among the factors the agency shall consider in 
 determining the needs of the child are those specified under 
 section 260.181, subdivision 3, paragraph (b).  

    (c) Placement of a child cannot be delayed or denied based 
 on race, color, or national origin of the foster parent or the 
 child.  Whenever possible, siblings should be placed together 
 unless it is determined not to be in the best interests of a 
 sibling.  

    Subd. 1b.    Limit on multiple placements.  If a child 
 has been placed in a residential facility pursuant to a court 
 order under section 260.172 or 260.191, the social service 
 agency responsible for the residential facility placement for 
 the child may not change the child's placement unless the agency 
 specifically documents that the current placement is unsuitable 
 or another placement is in the best interests of the child.  
 This subdivision does not apply if the new placement is in an 
 adoptive home or other permanent placement. 

    Subd. 1c.    Notice before voluntary placement.  The 
 local social service agency shall inform a parent considering 
 voluntary placement of a child who is not developmentally 
 disabled or emotionally handicapped of the following: 

    (1) the parent and the child each has a right to separate 
 legal counsel before signing a voluntary placement agreement, 
 but not to counsel appointed at public expense; 

    (2) the parent is not required to agree to the voluntary 
 placement, and a parent who enters a voluntary placement 
 agreement may at any time request that the agency return the 
 child.  If the parent so requests, the child must be returned 
 within 24 hours of the receipt of the request; 

    (3) evidence gathered during the time the child is 
 voluntarily placed may be used at a later time as the basis for 
 a petition alleging that the child is in need of protection or 
 services or as the basis for a petition seeking termination of 
 parental rights; 

    (4) if the local social service agency files a petition 
 alleging that the child is in need of protection or services or 
 a petition seeking the termination of parental rights, the 
 parent would have the right to appointment of separate legal 
 counsel and the child would have a right to the appointment of 
 counsel and a guardian ad litem as provided by law, and that 
 counsel will be appointed at public expense if they are unable 
 to afford counsel; and 

    (5) the timelines and procedures for review of voluntary 
 placements under subdivision 3, and the effect the time spent in 
 voluntary placement on the scheduling of a permanent placement 
 determination hearing under section 260.191, subdivision 3b.  

    Subd. 1d.    Relative search; nature.  (a) Within six 
 months after a child is initially placed in a residential 
 facility, the local social service agency shall identify any 
 relatives of the child and notify them of the possibility of a 
 permanent out-of-home placement of the child, and that a 
 decision not to be a placement resource at the beginning of the 
 case may affect the relative's right to have the child placed 
 with that relative later.  The relatives must be notified that 
 they must keep the local social service agency informed of their 
 current address in order to receive notice of any permanent 
 placement hearing.  A relative who fails to provide a current 
 address to the local social service agency forfeits the right to 
 notice of permanent placement. 

    (b) When the agency determines that it is necessary to 
 prepare for the permanent placement determination hearing, or in 
 anticipation of filing a termination of parental rights 
 petition, the agency shall send notice to the relatives, any 
 adult with whom the child is currently residing, any adult with 
 whom the child has resided for one year or longer in the past, 
 and any adults who have maintained a relationship or exercised 
 visitation with the child as identified in the agency case 
 plan.  The notice must state that a permanent home is sought for 
 the child and that the individuals receiving the notice may 
 indicate to the agency their interest in providing a permanent 
 home.  The notice must contain an advisory that if the relative 
 chooses not to be a placement resource at the beginning of the 
 case, this may affect the relative's rights to have the child 
 placed with that relative permanently later on. 

    Subd. 1e.    Change in placement.  If a child is removed 
 from a permanent placement disposition authorized under section 
 260.191, subdivision 3b, within one year after the placement was 
 made: 

    (1) the child must be returned to the residential facility 
 where the child was placed immediately preceding the permanent 
 placement; or 

    (2) the court shall hold a hearing within ten days after 
 the child is taken into custody to determine where the child is 
 to be placed.  A guardian ad litem must be appointed for the 
 child for this hearing. 

    Subd. 2.    Six-month review of placements.  There shall 
 be an administrative review of the case plan of each child 
 placed in a residential facility no later than 180 days after 
 the initial placement of the child in a residential facility and 
 at least every six months thereafter if the child is not 
 returned to the home of the parent or parents within that time.  
 The case plan must be monitored and updated at each 
 administrative review.  As an alternative to the administrative 
 review, the social service agency responsible for the placement 
 may bring a petition as provided in section 260.131, subdivision 
 1a, to the court for review of the foster care to determine if 
 placement is in the best interests of the child.  This petition 
 must be brought to the court within the applicable six months 
 and is not in lieu of the requirements contained in subdivision 
 3 or 4.  A court review conducted pursuant to section 260.191, 
 subdivision 3b, shall satisfy the requirement for an 
 administrative review so long as the other requirements of this 
 section are met. 

    Subd. 3.    Review of voluntary placements.  Except as 
 provided in subdivision 4, if the child has been placed in a 
 residential facility pursuant to a voluntary release by the 
 parent or parents, and is not returned home within 90 days after 
 initial placement in the residential facility, the social 
 service agency responsible for the placement shall: 

    (1) return the child to the home of the parent or parents; 
 or 

    (2) file a petition to extend the placement for 90 days. 

    The case plan must be updated when a petition is filed and 
 must include a specific plan for permanency.  

    If the court approves the extension, at the end of the 
 second 90-day period, the child must be returned to the parent's 
 home, unless a petition is filed for a child in need of 
 protection or services. 

    Subd. 4.    Review of developmentally disabled and 
 emotionally handicapped child placements.  If a 
 developmentally disabled child, as that term is defined in 
 United States Code, title 42, section 6001 (7), as amended 
 through December 31, 1979, or a child diagnosed with an 
 emotional handicap as defined in section 252.27, subdivision 1a, 
 has been placed in a residential facility pursuant to a 
 voluntary release by the child's parent or parents because of 
 the child's handicapping conditions or need for long-term 
 residential treatment or supervision, the social service agency 
 responsible for the placement shall bring a petition for review 
 of the child's foster care status, pursuant to section 260.131, 
 subdivision 1a, rather than a petition as required by section 
 260.191, subdivision 3b, after the child has been in foster care 
 for six months or, in the case of a child with an emotional 
 handicap, after the child has been in a residential facility for 
 six months.  Whenever a petition for review is brought pursuant 
 to this subdivision, a guardian ad litem shall be appointed for 
 the child. 

    Subd. 5.    Rules; children in residential facilities.  
 The commissioner of human services shall promulgate all rules 
 necessary to carry out the provisions of Public Law Number 
 96-272 as regards the establishment of a state goal for the 
 reduction of the number of children in residential facilities 
 beyond 24 months.  

    Subd. 6. Repealed, 1988 c 689 art 2 s 269 subd 1 

    Subd. 7.    Rules.  The commissioner shall revise 
 Minnesota Rules, parts 9545.0010 to 9545.0260, the rules setting 
 standards for family and group family foster care.  The 
 commissioner shall: 

    (1) require that, as a condition of licensure, foster care 
 providers attend training on understanding and validating the 
 cultural heritage of all children in their care, and on the 
 importance of the Indian Child Welfare Act, United States Code, 
 title 25, sections 1901 to 1923, and the Minnesota Indian Family 
 Preservation Act, sections 257.35 to 257.3579; and 

    (2) review and, where necessary, revise foster care rules 
 to reflect sensitivity to cultural diversity and differing 
 lifestyles.  Specifically, the commissioner shall examine 
 whether space and other requirements discriminate against 
 single-parent, minority, or low-income families who may be able 
 to provide quality foster care reflecting the values of their 
 own respective cultures. 

    Subd. 8.    Rules on removal of children.  The 
 commissioner shall adopt rules establishing criteria for removal 
 of children from their homes and return of children to their 
 homes. 

    Subd. 9.    Fair hearing review.  Any person whose claim 
 for foster care payment pursuant to the placement of a child 
 resulting from a child protection assessment under section 
 626.556 is denied or not acted upon with reasonable promptness 
 may appeal the decision under section 256.045, subdivision 3.  
 The application and fair hearing procedures set forth in the 
 administration of community social services rule, Minnesota 
 Rules, parts 9550.0070 to 9550.0092, do not apply to foster care 
 payment issues appealable under this subdivision. 

    Subd. 10.    Rules; foster care fair hearings.  The 
 commissioner shall review and, where necessary, revise foster 
 care rules to ensure that the rules provide adequate guidance 
 for implementation of foster care fair hearings, pursuant to 
 section 256.045, subdivision 3, clause (5), that comply with all 
 applicable federal requirements and the requirements of section 
 256.045. 

    HIST: 1978 c 602 s 1; 1980 c 555 s 1,2; 1980 c 580 s 2; 1981 c 
 290 s 1-3; 1982 c 553 s 2; 1983 c 278 s 3-5; 1984 c 654 art 5 s 
 58; 1986 c 444; 1988 c 514 s 1,2; 1988 c 689 art 2 s 211-214; 
 1989 c 282 art 2 s 160; 1990 c 426 art 2 s 1; 1991 c 292 art 3 s 
 19; 1992 c 464 art 1 s 55; 1992 c 557 s 2; 1993 c 291 s 2-6; 
 1Sp1993 c 6 s 16; 1994 c 598 s 3; 1996 c 416 s 3-5; 1997 c 86 s 
 1,2; 1997 c 107 s 14; 1997 c 239 art 6 s 3-7