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 occurs first.
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.
1999 c 139 art 1 s 5; 2007 c 147 art 1 s 11
Structure Minnesota Statutes
Chapters 245 - 267 — Public Welfare And Related Activities
Chapter 260 — Juvenile Court; Child Placement; Compacts
Section 260.011 — Title, Intent, And Construction.
Section 260.012 — Duty To Ensure Placement Prevention And Family Reunification; Reasonable Efforts.
Section 260.019 — Juvenile Court; Hennepin And Ramsey Counties.
Section 260.021 — Juvenile Courts.
Section 260.041 — Court Administrator; Court Reporter.
Section 260.042 — Orientation And Educational Program.
Section 260.515 — Interstate Compact For Juveniles.
Section 260.55 — Expense Of Returning Juveniles To State, Payment.
Section 260.56 — Counsel Or Guardian Ad Litem For Juvenile, Fees.
Section 260.755 — Definitions.
Section 260.761 — Social Services Agency And Private Licensed Child-placing Agency Notice To Tribes.
Section 260.765 — Voluntary Foster Care Placement.
Section 260.771 — Child Placement Proceedings.
Section 260.775 — Placement Records.
Section 260.781 — Records; Information Availability.
Section 260.785 — Indian Child Welfare Grants.
Section 260.791 — Grant Applications.
Section 260.795 — Eligible Services.
Section 260.805 — Continued Legal Responsibility Of Local Social Services Agencies.
Section 260.810 — Payments; Required Reports.
Section 260.815 — Monitoring And Evaluation.
Section 260.821 — Grant Formula.
Section 260.831 — Undistributed Funds.
Section 260.835 — American Indian Child Welfare Advisory Council.
Section 260.851 — Interstate Compact On The Placement Of Children.
Section 260.855 — Financial Responsibility.
Section 260.861 — Appropriate Public Authorities Defined.
Section 260.865 — Appropriate Authority In Receiving State Defined.
Section 260.875 — Requirements For Visitation; Supervision.
Section 260.881 — Certain Laws Not Applicable.
Section 260.885 — Court Jurisdiction Retained.
Section 260.91 — Executive Head Defined.
Section 260.92 — Placement Procedures.
Section 260.93 — Interstate Compact For The Placement Of Children.