1997 Minnesota Statutes

     260.012 Duty to ensure placement prevention and family 
  reunification; reasonable efforts. 

    (a) If a child in need of protection or services is under 
 the court's jurisdiction, the court shall ensure that reasonable 
 efforts including culturally appropriate services by the social 
 service agency are made to prevent placement or to eliminate the 
 need for removal and to reunite the child with the child's 
 family at the earliest possible time, consistent with the best 
 interests, safety, and protection of the child.  The court may, 
 upon motion and hearing, order the cessation of reasonable 
 efforts if the court finds that provision of services or further 
 services for the purpose of rehabilitation and reunification is 
 futile and therefore unreasonable under the circumstances.  In 
 the case of an Indian child, in proceedings under sections 
 260.172, 260.191, and 260.221 the juvenile court must make 
 findings and conclusions consistent with the Indian Child 
 Welfare Act of 1978, United States Code, title 25, section 1901 
 et seq., as to the provision of active efforts.  If a child is 
 under the court's delinquency jurisdiction, it shall be the duty 
 of the court to ensure that reasonable efforts are made to 
 reunite the child with the child's family at the earliest 
 possible time, consistent with the best interests of the child 
 and the safety of the public. 

    (b) "Reasonable efforts" means the exercise of due 
 diligence by the responsible social service agency to use 
 appropriate and available services to meet the needs of the 
 child and the child's family in order to prevent removal of the 
 child from the child's family; or upon removal, services to 
 eliminate the need for removal and reunite the family.  Services 
 may include those listed under section 256F.07, subdivision 3, 
 and other appropriate services available in the community.  The 
 social service agency has the burden of demonstrating that it 
 has made reasonable efforts or that provision of services or 
 further services for the purpose of rehabilitation and 
 reunification is futile and therefore unreasonable under the 
 circumstances.  Reunification of a surviving child with a parent 
 is not required if the parent has been convicted of: 

    (1) a violation of, or an attempt or conspiracy to commit a 
 violation of, sections 609.185 to 609.20; 609.222, subdivision 
 2; or 609.223 in regard to another child of the parent; 

    (2) a violation of section 609.222, subdivision 2; or 
 609.223, in regard to the surviving child; or 

    (3) a violation of, or an attempt or conspiracy to commit a 
 violation of, United States Code, title 18, section 1111(a) or 
 1112(a), in regard to another child of the parent. 

    (c) The juvenile court, in proceedings under sections 
 260.172, 260.191, and 260.221 shall make findings and 
 conclusions as to the provision of reasonable efforts.  When 
 determining whether reasonable efforts have been made, the court 
 shall consider whether services to the child and family were: 

    (1) relevant to the safety and protection of the child; 

    (2) adequate to meet the needs of the child and family; 

    (3) culturally appropriate; 

    (4) available and accessible; 

    (5) consistent and timely; and 

    (6) realistic under the circumstances. 

    In the alternative, the court may determine that provision 
 of services or further services for the purpose of 
 rehabilitation is futile and therefore unreasonable under the 
 circumstances. 

    (d) This section does not prevent out-of-home placement for 
 treatment of a child with a mental disability when the child's 
 diagnostic assessment or individual treatment plan indicates 
 that appropriate and necessary treatment cannot be effectively 
 provided outside of a residential or inpatient treatment program.

    HIST: 1986 c 448 s 1; 1988 c 514 s 4; 1989 c 235 s 1; 1997 c 
 239 art 6 s 13