2001 Minnesota Statutes

     256F.14 Family group decision-making. 

    Subdivision 1.    Definitions.  (a) For purposes of this 
 section, family includes relatives of the child.  "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.  Relative also includes 
 anyone with whom the child has resided or had a significant 
 relationship. 

    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.  Relative care may 
 also mean the voluntary establishment of an order permanently 
 placing the child away from the care of the parent under section 
 260C.201, subdivision 11. 

    (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 family group decision-making meeting under this section.  It 
 may include relative care, the provision of services by the 
 responsible social services agency, or any other legally 
 available plan that protects the safety and stability of the 
 child. 

    Subd. 2.    Family group decision-making meeting.  A 
 responsible social services agency may proceed under this 
 section if it appears at any point in a particular case that a 
 family group decision-making meeting may be in the best 
 interests of the child.  The responsible social services agency 
 may select a facilitator to convene and facilitate such a 
 meeting.  

    The purpose of the family group decision-making meeting is 
 to have the parent or parents and relatives of a child develop a 
 plan to provide for the safety and stability of the child.  The 
 outcome of a family group decision-making meeting may be a 
 relative care agreement or any other agreement between the 
 parents, the relatives, and, where appropriate, the child and 
 the responsible social services agency that addresses the safety 
 and permanency needs of the child including an agreement to 
 voluntarily establish an order permanently placing the child out 
 of the care of the parent under section 260C.201, subdivision 11.

    Subd. 3.    Facilitator training; immunity.  A 
 facilitator must receive 12 hours of training in family group 
 decision-making or similar training prior to facilitating a 
 family group decision-making meeting.  A facilitator who 
 complies with the training requirement of this subdivision and 
 acts in good faith has immunity from criminal or civil liability 
 that might otherwise arise from the actions of the facilitator 
 in convening or facilitating a family group decision-making 
 meeting. 

    HIST: 2001 c 178 art 1 s 3