2007 Minnesota Statutes

259.41 ADOPTION STUDY.
    Subdivision 1. Study required before placement; certain relatives excepted. (a) An
approved adoption study; completed background study, as required under section 245C.33; and
written report must be completed before the child is placed in a prospective adoptive home
under this chapter, except as allowed by section 259.47, subdivision 6. In an agency placement,
the report must be filed with the court at the time the adoption petition is filed. In a direct
adoptive placement, the report must be filed with the court in support of a motion for temporary
preadoptive custody under section 259.47, subdivision 3, or, if the study and report are complete,
in support of an emergency order under section 259.47, subdivision 6. The study and report shall
be completed by a licensed child-placing agency and must be thorough and comprehensive.
The study and report shall be paid for by the prospective adoptive parent, except as otherwise
required under section 259.67 or 259.73.
    (b) A placement for adoption with an individual who is related to the child, as defined by
section 245A.02, subdivision 13, is not subject to this section except as required by sections
245C.33 and 259.53, subdivision 2, paragraph (c).
    (c) In the case of a licensed foster parent seeking to adopt a child who is in the foster parent's
care, any portions of the foster care licensing process that duplicate requirements of the home
study may be submitted in satisfaction of the relevant requirements of this section.
    Subd. 2. Form of study. (a) The adoption study must include at least one in-home visit
with the prospective adoptive parent. At a minimum, the study must document the following
information about the prospective adoptive parent:
    (1) a background study as required by subdivision 3 and section 245C.33, including:
    (i) an assessment of the data and information provided by section 245C.33, subdivision 4,
to determine if the prospective adoptive parent and any other person over the age of 13 living
in the home has a felony conviction consistent with subdivision 3 and section 471(a)(2) of the
Social Security Act; and
    (ii) an assessment of the effect of any conviction or finding of substantiated maltreatment on
the capacity of the prospective adoptive parent to safely care for and parent a child;
    (2) a medical and social history and assessment of current health;
    (3) an assessment of potential parenting skills;
    (4) an assessment of ability to provide adequate financial support for a child; and
    (5) an assessment of the level of knowledge and awareness of adoption issues including,
where appropriate, matters relating to interracial, cross-cultural, and special needs adoptions.
    (b) The adoption study is the basis for completion of a written report. The report must be in a
format specified by the commissioner and must contain recommendations regarding the suitability
of the subject of the study to be an adoptive parent.
    Subd. 3. Background study. (a) At the time an adoption study is commenced, each
prospective adoptive parent must:
    (1) authorize access by the agency to any private data needed to complete the study;
    (2) provide all addresses at which the prospective adoptive parent and anyone in the
household over the age of 13 has resided in the previous five years; and
    (3) disclose any names used previously other than the name used at the time of the study.
    (b) When the requirements of paragraph (a) have been met, the agency shall immediately
initiate a background study under section 245C.33 to be completed by the commissioner on each
person over the age of 13 living in the home. As required under section 245C.33 and Public Law
109-248, a completed background study is required before the approval of any foster or adoptive
placement in a related or an unrelated home. The required background study must be completed
as part of the home study.
    (c) A home study under paragraph (b) used to consider placement of any child on whose
behalf Title IV-E adoption assistance payments are to be made must not be approved if a
background study reveals a felony conviction at any time for:
    (1) child abuse or neglect;
    (2) spousal abuse;
    (3) a crime against children, including child pornography; or
    (4) a crime involving violence, including rape, sexual assault, or homicide, but not including
other physical assault or battery.
    (d) A home study under paragraph (b) used to consider placement of any child on whose
behalf Title IV-E adoption assistance payments are to be made must not be approved if a
background study reveals a felony conviction within the past five years for:
    (1) physical assault or battery; or
    (2) a drug-related offense.
    Subd. 4. Updates to adoption study; period of validity. An agency may update an adoption
study and report as needed, regardless of when the original study and report or most recent update
was completed. An update must be in a format specified by the commissioner and must verify the
continuing accuracy of the elements of the original report and document any changes to elements
of the original report. An update to a study and report not originally completed under this section
must ensure that the study and report, as updated, meet the requirements of this section. An
adoption study is valid if the report has been completed or updated within the previous 12 months.
History: 1994 c 631 s 19,31; 1997 c 177 s 8; 1997 c 239 art 6 s 9; 1999 c 139 art 4 s 2;
2005 c 159 art 2 s 5; 2007 c 147 art 3 s 26