260C.001 TITLE, INTENT, AND CONSTRUCTION.
Subdivision 1. Citation.
may be cited as the child protection
provisions of the Juvenile Court Act.
Subd. 2. Child in need of protection services.
The paramount consideration in all
proceedings concerning a child alleged or found to be in need of protection or services is the
health, safety, and best interests of the child. In proceedings involving an American Indian child,
as defined in section
260.755, subdivision 8
, the best interests of the child must be determined
consistent with sections
and the Indian Child Welfare Act, United States Code,
title 25, sections 1901 to 1923. The purpose of the laws relating to juvenile courts is to secure for
each child alleged or adjudicated in need of protection or services and under the jurisdiction of the
court, the care and guidance, preferably in the child's own home, as will best serve the spiritual,
emotional, mental, and physical welfare of the child; to provide judicial procedures which protect
the welfare of the child; to preserve and strengthen the child's family ties whenever possible and
in the child's best interests, removing the child from the custody of parents only when the child's
welfare or safety cannot be adequately safeguarded without removal; and, when removal from the
child's own family is necessary and in the child's best interests, to secure for the child custody, care
and discipline as nearly as possible equivalent to that which should have been given by the parents.
Subd. 3. Permanency and termination of parental rights.
The purpose of the laws relating
to permanency and termination of parental rights is to ensure that:
(1) when required and appropriate, reasonable efforts have been made by the social services
agency to reunite the child with the child's parents in a home that is safe and permanent; and
(2) if placement with the parents is not reasonably foreseeable, to secure for the child a safe
and permanent placement, preferably with adoptive parents or a fit and willing relative through
transfer of permanent legal and physical custody to that relative.
Nothing in this section requires reasonable efforts to prevent placement or to reunify the
child with the parent or guardian to be made in circumstances where the court has determined that
the child has been subjected to egregious harm, when the child is an abandoned infant, the parent
has involuntarily lost custody of another child through a proceeding under section
, or similar law of another state, the parental rights of the parent to a sibling have
been involuntarily terminated, or the court has determined that reasonable efforts or further
reasonable efforts to reunify the child with the parent or guardian would be futile.
The paramount consideration in all proceedings for permanent placement of the child under
260C.201, subdivision 11
, or the termination of parental rights is the best interests of
the child. In proceedings involving an American Indian child, as defined in section
, the best interests of the child must be determined consistent with the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901, et seq.
Subd. 4. Construction.
The laws relating to the child protection provisions of the juvenile
courts shall be liberally construed to carry out these purposes.
History: 1999 c 139 art 3 s 1; art 4 s 2; 1999 c 245 art 8 s 41; 2005 c 159 art 2 s 12