2000 Minnesota Statutes

     260C.212 Children in foster homes; placement; review. 

    Subdivision 1.    Placement; plan.  (a) 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 260C.007, 
 subdivision 9.  

    (b) When a child is in placement, the responsible local 
 social services agency shall make diligent efforts to identify, 
 locate, and, where appropriate, offer services to both parents 
 of the child.  If a noncustodial or nonadjudicated parent is 
 willing and capable of providing for the day-to-day care of the 
 child, the local social services agency may seek authority from 
 the custodial parent or the court to have that parent assume 
 day-to-day care of the child.  If a parent is not an adjudicated 
 parent, the local social services agency shall require the 
 nonadjudicated parent to cooperate with paternity establishment 
 procedures as part of the case plan. 

    (c) If, after assessment, the local social services agency 
 determines that the child cannot be in the day-to-day care of 
 either parent, the agency shall prepare a case plan addressing 
 the conditions that each parent must mitigate before the child 
 could be in that parent's day-to-day care. 

    (d) If, after the provision of services following a case 
 plan under this section and ordered by the juvenile court, the 
 child cannot return to the care of the parent from whom the 
 child was removed or who had legal custody at the time the child 
 was placed in foster care, the agency may petition on behalf of 
 a noncustodial parent to establish legal custody with that 
 parent under section 260C.201, subdivision 11.  If paternity has 
 not already been established, it may be established in the same 
 proceeding in the manner provided for under this chapter. 

    The responsible social services agency may be relieved of 
 the requirement to locate and offer services to both parents by 
 the juvenile court upon a finding of good cause after the filing 
 of a petition under section 260B.141 or 260C.141. 

    (e) 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 services 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 services 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 260C.193, 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 and safely maintained in the home of the parent or parents or 
 placed for adoption or otherwise permanently removed from the 
 care of the parent by court order; 

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

    (8) notice to the parent or parents: 

    (i) 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; and 

    (ii) in cases where the agency has determined that both 
 reasonable efforts to reunify the child with the parents, and 
 reasonable efforts to place the child in a permanent home away 
 from the parent that may become legally permanent are 
 appropriate, notice of: 

    (A) time limits on the length of placement and of 
 reunification services; 

    (B) the nature of the services available to the parent; 

    (C) the consequences to the parent and the child if the 
 parent fails or is unable to use services to correct the 
 circumstances that led to the child's placement; 

    (D) the first consideration for relative placement; and 

    (E) the benefit to the child in getting the child out of 
 residential care as soon as possible, preferably by returning 
 the child home, but if that is not possible, through a permanent 
 legal placement of the child away from the parent; 

    (9) a permanency hearing under section 260C.201, 
 subdivision 11, or a termination of parental rights hearing 
 under sections 260C.301 to 260C.328, where the agency asks the 
 court to find that the child should be permanently placed away 
 from the parent and includes documentation of the steps taken by 
 the responsible social services agency to find an adoptive 
 family or other permanent legal placement for the child, to 
 place the child with an adoptive family, a fit and willing 
 relative through an award of permanent legal and physical 
 custody, or in another planned and permanent legal placement.  
 The documentation must include child specific recruitment 
 efforts; and 

    (10) if the court has issued an order terminating the 
 rights of both parents of the child or of the only known, living 
 parent of the child, documentation of steps to finalize the 
 adoption or legal guardianship of the child. 

    (f) 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 services 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 and shall be provided a copy of the 
 plan. 

    (g) 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. 2.    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 260C.193, subdivision 3.  

    (b) Among the factors the agency shall consider in 
 determining the needs of the child are those specified under 
 section 260C.193, 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.  Siblings should be placed together for foster care and 
 adoption at the earliest possible time unless it is determined 
 not to be in the best interests of a sibling or unless it is not 
 possible after appropriate efforts by the responsible social 
 services agency.  

    Subd. 3.    Limit on multiple placements.  If a child 
 has been placed in a residential facility pursuant to a court 
 order under section 260C.178 or 260C.201, the social services 
 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. 4.    Notice before voluntary placement.  The 
 local social services 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 or other permanent placement of the child away 
 from the parent; 

    (4) if the local social services agency files a petition 
 alleging that the child is in need of protection or services or 
 a petition seeking the termination of parental rights or other 
 permanent placement of the child away from the parent, 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 260C.201, subdivision 11.  

    Subd. 5.    Relative search; nature.  (a) As soon as 
 possible, but in any event within six months after a child is 
 initially placed in a residential facility, the local social 
 services agency shall identify any relatives of the child and 
 notify them of the need for a foster care home for the child and 
 of the possibility of the need for a permanent out-of-home 
 placement of the child.  Relatives should also be notified that 
 a decision not to be a placement resource at the beginning of 
 the case may affect the relative being considered for placement 
 of the child with that relative later.  The relatives must be 
 notified that they must keep the local social services agency 
 informed of their current address in order to receive notice 
 that a permanent placement is being sought for the child.  A 
 relative who fails to provide a current address to the local 
 social services agency forfeits the right to notice of the 
 possibility of permanent placement.  If the child's parent 
 refuses to give the responsible social services agency 
 information sufficient to identify relatives of the child, the 
 agency shall determine whether the parent's refusal is in the 
 child's best interests.  If the agency determines the parent's 
 refusal is not in the child's best interests, the agency shall 
 file a petition under section 260B.141 or 260C.141, and shall 
 ask the juvenile court to order the parent to provide the 
 necessary information. 

    (b) Unless required under the Indian Child Welfare Act or 
 relieved of this duty by the court because the child is placed 
 with an appropriate relative who wishes to provide a permanent 
 home for the child or the child is placed with a foster home 
 that has committed to being the permanent legal placement for 
 the child and the responsible social services agency approves of 
 that foster home for permanent placement of the child, 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 
 state that within 30 days of receipt of the notice an individual 
 receiving the notice must indicate to the agency the 
 individual's interest in providing a permanent home for the 
 child or that the individual may lose the opportunity to be 
 considered for a permanent placement.  This notice need not be 
 sent if the child is placed with an appropriate relative who 
 wishes to provide a permanent home for the child.  

    Subd. 6.    Change in placement.  If a child is removed 
 from a permanent placement disposition authorized under section 
 260C.201, subdivision 11, 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 removed from the permanent placement to determine 
 where the child is to be placed.  A guardian ad litem must be 
 appointed for the child for this hearing.  

    Subd. 7.    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 services agency responsible for the placement 
 may bring a petition as provided in section 260C.141, 
 subdivision 2, 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 260C.201, subdivision 11, shall satisfy the requirement 
 for an administrative review so long as the other requirements 
 of this section are met.  

    Subd. 8.    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 
 services agency responsible for the placement shall: 

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

    (2) file a petition according to section 260B.141, 
 subdivision 1, or 260C.141, subdivision 1, which may: 

    (i) ask the court to review the placement and approve it 
 for up to an additional 90 days; 

    (ii) ask the court to order continued out-of-home placement 
 according to sections 260B.178, 260C.178, and 260C.201; or 

    (iii) ask the court to terminate parental rights under 
 section 260C.301. 

    The case plan must be updated when a petition is filed and 
 must include a specific plan for permanency, which may include a 
 time line for returning the child home or a plan for permanent 
 placement of the child away from the parent, or both.  

    If the court approves continued out-of-home placement for 
 up to 90 more days, at the end of the court-approved 90-day 
 period, the child must be returned to the parent's home.  If the 
 child is not returned home, the responsible social services 
 agency must proceed on the petition filed alleging the child in 
 need of protection or services or the petition for termination 
 of parental rights.  The court must find a statutory basis to 
 order the placement of the child under section 260B.178; 
 260C.178; 260C.201; or 260C.317. 

    Subd. 9.    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 services agency 
 responsible for the placement shall bring a petition for review 
 of the child's foster care status, pursuant to section 260C.141, 
 subdivision 2, after the child has been in placement for six 
 months.  If a child is in placement due solely to the child's 
 handicapping condition and custody of the child is not 
 transferred to the responsible social services agency under 
 section 260C.201, subdivision 1, paragraph (a), clause (2), no 
 petition is required by section 260C.201, subdivision 11.  
 Whenever a petition for review is brought pursuant to this 
 subdivision, a guardian ad litem shall be appointed for the 
 child.  

    Subd. 10.    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. 11.    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 260.751 to 260.835; 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. 12.    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.  

    HIST: 1999 c 139 art 3 s 26; art 4 s 2; 1999 c 245 art 8 s 
 19-25