2007 Minnesota Statutes

260.761 SOCIAL SERVICES AGENCY AND PRIVATE LICENSED CHILD-PLACING
AGENCY NOTICE TO TRIBES.
    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. Agency notice of potential out-of-home placement. When a local social services
agency or private child-placing agency determines that an Indian child is in a dependent or other
condition that could lead to an out-of-home placement and requires the continued involvement
of the agency with the child for a period in excess of 30 days, the agency shall send notice
of the condition and of the initial steps taken to remedy it to the Indian child's tribal social
services agency within seven days of the determination. 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. This subdivision applies whenever the court transfers
legal custody of an Indian child under section 260B.198, subdivision 1, paragraph (c), clause (1),
(2), or (3), following an adjudication for a misdemeanor-level delinquent act.
    Subd. 3. Notice of potential preadoptive or adoptive placement. In any voluntary adoptive
or preadoptive placement proceeding in which a local social services agency, private child-placing
agency, petitioner in the adoption, or any other party has reason to believe that a child who is the
subject of an adoptive or preadoptive placement proceeding is or may be an "Indian child," as
defined in section 260.755, subdivision 8, and United States Code, title 25, section 1903(4), the
agency or person shall notify the Indian child's tribal social services agency by registered mail
with return receipt requested of the pending proceeding and of the right of intervention under
subdivision 6. If the identity or location of the child's tribe cannot be determined, the notice
must be given to the United States secretary of interior in like manner, who will have 15 days
after receipt of the notice to provide the requisite notice to the tribe. No preadoptive or adoptive
placement proceeding may be held until at least ten days after receipt of the notice by the tribe
or secretary. Upon request, the tribe must be granted up to 20 additional days to prepare for the
proceeding. The agency or notifying party shall include in the notice the identity of the birth
parents and child absent written objection by the birth parents. The private child-placing agency
shall inform the birth parents of the Indian child of any services available to the Indian child
through the child's tribal social services agency, including child placement services, and shall
additionally provide the birth parents of the Indian child with all information sent from the tribal
social services agency in response to the notice.
    Subd. 4. Unknown father. If the local social services agency, private child-placing agency,
the court, petitioner, or any other party has reason to believe that a child who is the subject of an
adoptive placement proceeding is or may be an Indian child but the father of the child is unknown
and has not registered with the fathers' adoption registry pursuant to section 259.52, the agency or
person shall provide to the tribe believed to be the Indian child's tribe information sufficient to
enable the tribe to determine the child's eligibility for membership in the tribe, including, but not
limited to, the legal and maiden name of the birth mother, her date of birth, the names and dates of
birth of her parents and grandparents, and, if available, information pertaining to the possible
identity, tribal affiliation, or location of the birth father.
    Subd. 5. Proof of service of notice upon tribe or secretary. In cases where an agency
or party to an adoptive placement knows or has reason to believe that a child is or may be an
Indian child, proof of service upon the child's tribe or the secretary of interior must be filed
with the adoption petition.
    Subd. 6. Indian tribe's right of intervention. In any state court proceeding for the voluntary
adoptive or preadoptive placement of an Indian child, the Indian child's tribe shall have a right
to intervene at any point in the proceeding.
    Subd. 7. 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 4; 2007 c 147 art 1 s 10