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626.5565 Relative care agreement.

Subdivision 1. Definitions. (a) For purposes of this section, "relative" means an adult who is a stepparent, grandparent, brother, sister, uncle, aunt, or other extended family member of the minor by blood, marriage, or adoption.

For an Indian child, "relative" includes members of the extended family as defined by the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces, nephews, or first or second cousins, as provided in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1903.

(b) For purposes of this section, "relative care" means one or more of the following: respite care, a monitoring agreement, a designated caregiver agreement under chapter 257A, access to information about a child, the right to make decisions about a child's residence, education, religious training, or health care, a custody consent decree under section 257.0215, or joint or sole legal or physical custody of a child.

(c) For purposes of this section, "relative care agreement" means an agreement regarding the care of a child that has been reached by the parents and interested relatives of the child after the parents and interested relatives have participated in a facilitated relative care conference under this section.

Subd. 2. Relative care conference. If, upon assessment of a report of neglect or physical or sexual abuse under section 626.556, a local social service agency determines that child protective services are needed, the local social service agency may proceed under this section if it appears from the circumstances of the individual case that a relative care agreement may be in the best interests of the child. The local social service agency may select a facilitator to convene a relative care conference. A facilitator must be certified under chapter 494.

Written notice of the conference must be provided to the parents and to all relatives who have expressed an interest in participating or have been identified by other relatives. The notice must state that the purpose of the conference is to provide an opportunity for the parents and relatives to reach an agreement regarding the care of the child and explain the forms of relative care listed in subdivision 1. The notice must also inform the parents and relatives of the potential consequences and range of options if they do not enter into a relative care agreement that is in the best interests of the child and that the local service agency may intervene with protective services or determine that the child should be placed out of the home.

The local social service agency shall participate in a relative care conference for the purposes of protecting the child's best interests but may not be a party to a relative care agreement reached by the parents and any participating relatives. A relative care agreement remains in effect unless it expires by its own terms or a parent or a relative who is a party to the agreement seeks to modify or end the agreement. If a relative care agreement results in a transfer of physical custody under section 257.0215 or chapter 518, a parent who seeks to have the child returned to the home of the parent without the consent of the relative with whom the child is staying shall file a motion with the court that approved the custody consent decree or ordered the transfer of custody under chapter 518. The parent has the burden of establishing that:

(1) the conditions that led to the transfer of physical custody have been corrected; and

(2) the parent has demonstrated the ability to care for and provide a stable home for the child.

HIST: 1997 c 65 s 5; 1997 c 112 s 8

Official Publication of the State of Minnesota
Revisor of Statutes