260.765 VOLUNTARY FOSTER CARE PLACEMENT.
Subdivision 1. Determination of Indian child's tribe.
The local social services agency or
private licensed child-placing agency shall determine whether a child brought to its attention for
the purposes described in this section is an Indian child and the identity of the Indian child's tribe.
Subd. 2. Notice.
When an Indian child is voluntarily placed in foster care, the local social
services agency involved in the decision to place the child shall give notice of the placement to
the child's parents, tribal social services agency, and the Indian custodian within seven days of
placement, excluding weekends and holidays.
If a private licensed child-placing agency makes a temporary voluntary foster care placement
pending a decision on adoption by a parent, notice of the placement shall be given to the child's
parents, tribal social services agency, and the Indian custodian upon the filing of a petition for
termination of parental rights or three months following the temporary placement, whichever
At this and any subsequent stage of its involvement with an Indian child, the agency shall,
upon request, give the tribal social services agency full cooperation including access to all files
concerning the child. If the files contain confidential or private data, the agency may require
execution of an agreement with the tribal social services agency that the tribal social services
agency shall maintain the data according to statutory provisions applicable to the data.
Subd. 3. Notice of administrative review.
In an administrative review of a voluntary foster
care placement, the tribal social services agency of the child, the Indian custodian, and the parents
of the child shall have notice and a right of participation in the review.
Subd. 4. Return of child in voluntary placement.
Upon demand by the parent or Indian
custodian of an Indian child, the local social services agency or private licensed child-placing
agency shall return the child in voluntary foster care placement to the parent or Indian custodian
within 24 hours of the receipt of the demand. If the request for return does not satisfy the
requirement of section
260.755, subdivision 5
, the local social services agency or private
child-placing agency shall immediately inform the parent or Indian custodian of the Indian child
of the requirement.
Subd. 5. Identification of extended family members.
Any agency considering placement of
an Indian child shall make active efforts to identify and locate extended family members.
History: 1999 c 139 art 1 s 5; 2007 c 147 art 1 s 11