Minnesota Statutes
Chapter 260C — Juvenile Safety And Placement
Section 260C.521 — Court Reviews After Permanency Disposition Order.

Subdivision 1. Child in permanent custody of responsible social services agency. (a) Court reviews of an order for permanent custody to the responsible social services agency for placement of the child in foster care must be conducted at least yearly at an in-court appearance hearing.
(b) The purpose of the review hearing is to ensure:
(1) the responsible social services agency made intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts to return the child home or secure a placement for the child with a fit and willing relative, custodian, or adoptive parent, and an order for permanent custody to the responsible social services agency for placement of the child in foster care continues to be in the best interests of the child;
(2) that the responsible social services agency is assisting the child to build connections to the child's family and community;
(3) that the responsible social services agency is appropriately planning with the child for development of independent living skills for the child and, as appropriate, for the orderly and successful transition to adulthood that may occur if the child continues in foster care without another permanency disposition order;
(4) the child's foster family home or child care institution is following the reasonable and prudent parenting standards; and
(5) the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities by consulting with the child in an age-appropriate manner about the opportunities.
(c) The court must review the child's out-of-home placement plan and the reasonable efforts of the responsible social services agency to finalize an alternative permanent plan for the child including the responsible social services agency's efforts to:
(1) ensure that permanent custody to the responsible social services agency with placement of the child in foster care continues to be the most appropriate legal arrangement for meeting the child's need for permanency and stability by reviewing the compelling reasons it continues not to be in the best interest of the child to:
(i) return home;
(ii) be placed for adoption; or
(iii) be placed with a fit and willing relative through an order for permanent legal and physical custody under section 260C.515, subdivision 4;
(2) identify a specific foster home for the child, if one has not already been identified;
(3) support continued placement of the child in the identified home, if one has been identified;
(4) ensure appropriate services are provided to address the physical health, mental health, and educational needs of the child during the period of foster care and also ensure appropriate services or assistance to maintain relationships with appropriate family members and the child's community; and
(5) plan for the child's independence upon the child's leaving foster care living as required under section 260C.212, subdivision 1.
(d) The court may find that the responsible social services agency has made reasonable efforts to finalize the permanent plan for the child when:
(1) the responsible social services agency has made reasonable efforts to identify a more legally permanent home for the child than is provided by an order for permanent custody to the agency for placement in foster care;
(2) the child has been asked about the child's desired permanency outcome; and
(3) the responsible social services agency's engagement of the child in planning for a successful transition to adulthood is reasonable and appropriate.
Subd. 2. Modifying order for permanent legal and physical custody to a relative. (a) An order for a relative to have permanent legal and physical custody of a child may be modified using standards under sections 518.18 and 518.185.
(b) When a child is receiving Northstar kinship assistance under chapter 256N, if a relative named as permanent legal and physical custodian in an order made under this chapter becomes incapacitated or dies, a successor custodian named in the Northstar Care for Children kinship assistance benefit agreement under section 256N.25 may file a request to modify the order for permanent legal and physical custody to name the successor custodian as the permanent legal and physical custodian of the child. The court may modify the order to name the successor custodian as the permanent legal and physical custodian upon reviewing the background study required under section 245C.33 if the court finds the modification is in the child's best interests.
(c) The social services agency is a party to the proceeding and must receive notice.
Subd. 3. Modifying order for permanent custody to agency for placement in foster care. (a) A parent may seek modification of an order for permanent custody of the child to the responsible social services agency for placement in foster care upon motion and a showing by the parent of a substantial change in the parent's circumstances such that the parent could provide appropriate care for the child and that removal of the child from the permanent custody of the agency and the return to the parent's care would be in the best interests of the child.
(b) The responsible social services agency may ask the court to vacate an order for permanent custody to the agency upon a petition and hearing pursuant to section 260C.163 establishing the basis for the court to order another permanency disposition under this chapter, including termination of parental rights based on abandonment if the parent has not visited the child, maintained contact with the child, or participated in planning for the child as required under section 260C.515, subdivision 5. The responsible social services agency must establish that the proposed permanency disposition order is in the child's best interests. Upon a hearing where the court determines the petition is proved, the court may vacate the order for permanent custody and enter a different order for a permanent disposition that is in the child's best interests. The court shall not require further reasonable efforts to reunify the child with the parent or guardian as a basis for vacating the order for permanent custody to the agency and ordering a different permanency disposition in the child's best interests. The county attorney must file the petition and give notice as required under the Minnesota Rules of Juvenile Protection Procedure in order to modify an order for permanent custody under this subdivision.
Subd. 4. Change in placement. If a child is removed from a permanent placement disposition authorized under section 260C.515, subdivision 4, 5, or 6, within one year after the placement was made:
(1) the child must be returned to the residential facility where the child was placed immediately preceding the permanent placement; or
(2) the court shall hold a hearing within ten days after the child is removed from the permanent placement to determine where the child is to be placed. A guardian ad litem must be appointed for the child for this hearing.
1999 c 245 art 8 s 23; 2005 c 56 s 1; 2012 c 216 art 4 s 34; art 6 s 13; 2015 c 71 art 1 s 66,67; 2016 c 189 art 15 s 14

Structure Minnesota Statutes

Minnesota Statutes

Chapters 245 - 267 — Public Welfare And Related Activities

Chapter 260C — Juvenile Safety And Placement

Section 260C.001 — Title, Intent, And Construction.

Section 260C.007 — Definitions.

Section 260C.008 — Foster Care Sibling Bill Of Rights.

Section 260C.050 — Expert Assistance.

Section 260C.101 — Jurisdiction.

Section 260C.121 — Venue.

Section 260C.125 — Case Transfer Process.

Section 260C.139 — Give Life A Chance; Safe Place For Newborns.

Section 260C.141 — Petition.

Section 260C.143 — Procedure; Habitual Truants, Runaways, Offenders.

Section 260C.148 — Procedure; Domestic Child Abuse.

Section 260C.150 — Diligent Efforts To Identify Parents Of A Child; Procedures For Review; Reasonable Efforts.

Section 260C.151 — Summons; Notice.

Section 260C.152 — Service Of Summons, Notice.

Section 260C.154 — Failure To Obey Summons Or Subpoena; Contempt, Arrest.

Section 260C.157 — Investigation; Physical And Mental Examination.

Section 260C.163 — Hearing.

Section 260C.165 — Certain Out-of-court Statements Admissible.

Section 260C.168 — Compliance With Indian Child Welfare Act And Minnesota Indian Family Preservation Act.

Section 260C.171 — Records.

Section 260C.175 — Taking Child Into Custody.

Section 260C.176 — Release Or Detention.

Section 260C.177 — Parental And Law Enforcement Notification.

Section 260C.178 — Emergency Removal Hearing.

Section 260C.181 — Place Of Temporary Custody; Shelter Care Facility.

Section 260C.188 — Children In Custody; Responsibility For Medical Care.

Section 260C.190 — Family-focused Residential Placement.

Section 260C.193 — Dispositions; General Provisions.

Section 260C.201 — Dispositions; Children In Need Of Protection Or Services Or Neglected And In Foster Care.

Section 260C.202 — Court Review Of Foster Care.

Section 260C.203 — Administrative Or Court Review Of Placements.

Section 260C.204 — Permanency Progress Review For Children In Foster Care For Six Months.

Section 260C.208 — Information For Child Placement.

Section 260C.209 — Background Checks.

Section 260C.212 — Children In Placement.

Section 260C.215 — Welfare Of Children.

Section 260C.219 — Agency Responsibilities For Parents And Children In Placement.

Section 260C.221 — Relative Search And Engagement; Placement Consideration.

Section 260C.223 — Concurrent Permanency Planning.

Section 260C.225 — County Responsibility For Transitional Services Plans.

Section 260C.227 — Voluntary Foster Care; Required Court Review.

Section 260C.228 — Voluntary Foster Care; Child Is Colocated With Parent In Treatment Program.

Section 260C.229 — Voluntary Foster Care For Children Over Age 18; Required Court Review.

Section 260C.301 — Termination Of Parental Rights.

Section 260C.303 — Venue.

Section 260C.307 — Procedures In Terminating Parental Rights.

Section 260C.312 — Disposition; Parental Rights Not Terminated.

Section 260C.317 — Termination Of Parental Rights; Effect.

Section 260C.325 — Guardian.

Section 260C.328 — Change Of Guardian; Termination Of Guardianship.

Section 260C.329 — Reestablishment Of The Legal Parent And Child Relationship.

Section 260C.331 — Costs Of Care.

Section 260C.335 — Civil Jurisdiction Over Persons Contributing To Need For Protection Or Services; Court Orders.

Section 260C.405 — Violation Of An Order For Protection.

Section 260C.411 — New Evidence.

Section 260C.415 — Appeal.

Section 260C.421 — Contempt.

Section 260C.425 — Criminal Jurisdiction For Contributing To Need For Protection Or Services.

Section 260C.4411 — Pre-northstar Care For Children Foster Care Program.

Section 260C.4412 — Payment For Residential Placements.

Section 260C.4413 — Initial Clothing Allowance.

Section 260C.446 — Distribution Of Funds Recovered For Assistance Furnished.

Section 260C.451 — Foster Care Benefits Past Age 18.

Section 260C.452 — Successful Transition To Adulthood.

Section 260C.503 — Permanency Proceedings.

Section 260C.505 — Petition.

Section 260C.507 — Admit-deny Hearing.

Section 260C.509 — Trial.

Section 260C.511 — Best Interests Of The Child.

Section 260C.513 — Permanency Dispositions When Child Cannot Return Home.

Section 260C.515 — Permanency Disposition Orders.

Section 260C.517 — Findings And Content Of Order For Permanency Disposition.

Section 260C.519 — Further Court Hearings.

Section 260C.521 — Court Reviews After Permanency Disposition Order.

Section 260C.601 — Adoption Of Children Under Guardianship Of Commissioner.

Section 260C.603 — Definitions.

Section 260C.605 — Reasonable Efforts To Finalize An Adoption.

Section 260C.607 — Review Of Progress Toward Adoption.

Section 260C.609 — Social And Medical History.

Section 260C.611 — Adoption Study Required.

Section 260C.613 — Social Services Agency As Commissioner's Agent.

Section 260C.615 — Duties Of Commissioner.

Section 260C.617 — Sibling Placement.

Section 260C.619 — Communication And Contact Agreements.

Section 260C.621 — Jurisdiction And Venue.

Section 260C.623 — Adoption Petition.

Section 260C.625 — Documents Filed By Social Services Agency.

Section 260C.627 — Notice Of Adoption Proceedings.

Section 260C.629 — Finalization Hearing.

Section 260C.631 — Judgment And Decree.

Section 260C.633 — Adoption Denied.

Section 260C.635 — Effect Of Adoption.

Section 260C.637 — Access To Original Birth Record Information.

Section 260C.70 — Citation.

Section 260C.702 — Requirements For Placements In Qualified Residential Treatment Programs.

Section 260C.704 — Requirements For The Qualified Individual's Assessment Of The Child For Placement In A Qualified Residential Treatment Program.

Section 260C.706 — Family And Permanency Team Requirements.

Section 260C.708 — Out-of-home Placement Plan For Qualified Residential Treatment Program Placements.

Section 260C.71 — Court Approval Requirements.

Section 260C.712 — Ongoing Reviews And Permanency Hearing Requirements.

Section 260C.714 — Review Of Extended Qualified Residential Treatment Program Placements.

Section 260C.80 — Office Of The Foster Youth Ombudsperson; Board.

Section 260C.81 — Organization Of The Office Of The Foster Youth Ombudsperson.

Section 260C.82 — Powers Of Foster Youth Ombudsperson; Investigation; Action On Complaints; Recommendations.

Section 260C.83 — Recommendations And Reports To Governor.