Subdivision 1. Requirements. (a) Reasonable efforts to finalize the adoption of a child under the guardianship of the commissioner shall be made by the responsible social services agency responsible for permanency planning for the child.
(b) Reasonable efforts to make a placement in a home according to the placement considerations under section 260C.212, subdivision 2, with a relative or foster parent who will commit to being the permanent resource for the child in the event the child cannot be reunified with a parent are required under section 260.012 and may be made concurrently with reasonable, or if the child is an Indian child, active efforts to reunify the child with the parent.
(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the child is in foster care under this chapter, but not later than the hearing required under section 260C.204.
(d) Reasonable efforts to finalize the adoption of the child include:
(1) considering the child's preference for an adoptive family;
(2) using age-appropriate engagement strategies to plan for adoption with the child;
(3) identifying an appropriate prospective adoptive parent for the child by updating the child's identified needs using the factors in section 260C.212, subdivision 2;
(4) making an adoptive placement that meets the child's needs by:
(i) completing or updating the relative search required under section 260C.221 and giving notice of the need for an adoptive home for the child to:
(A) relatives who have kept the agency or the court apprised of their whereabouts; or
(B) relatives of the child who are located in an updated search;
(ii) an updated search is required whenever:
(A) there is no identified prospective adoptive placement for the child notwithstanding a finding by the court that the agency made diligent efforts under section 260C.221, in a hearing required under section 260C.202;
(B) the child is removed from the home of an adopting parent; or
(C) the court determines that a relative search by the agency is in the best interests of the child;
(iii) engaging the child's relatives or current or former foster parents to commit to being the prospective adoptive parent of the child, and considering the child's relatives for adoptive placement of the child in the order specified under section 260C.212, subdivision 2, paragraph (a); or
(iv) when there is no identified prospective adoptive parent:
(A) registering the child on the state adoption exchange as required in section 259.75 unless the agency documents to the court an exception to placing the child on the state adoption exchange reported to the commissioner;
(B) reviewing all families with approved adoption home studies associated with the responsible social services agency;
(C) presenting the child to adoption agencies and adoption personnel who may assist with finding an adoptive home for the child;
(D) using newspapers and other media to promote the particular child;
(E) using a private agency under grant contract with the commissioner to provide adoption services for intensive child-specific recruitment efforts; and
(F) making any other efforts or using any other resources reasonably calculated to identify a prospective adoption parent for the child;
(5) updating and completing the social and medical history required under sections 260C.212, subdivision 15, and 260C.609;
(6) making, and keeping updated, appropriate referrals required by section 260.851, the Interstate Compact on the Placement of Children;
(7) giving notice regarding the responsibilities of an adoptive parent to any prospective adoptive parent as required under section 259.35;
(8) offering the adopting parent the opportunity to apply for or decline adoption assistance under chapter 256N;
(9) certifying the child for adoption assistance, assessing the amount of adoption assistance, and ascertaining the status of the commissioner's decision on the level of payment if the adopting parent has applied for adoption assistance;
(10) placing the child with siblings. If the child is not placed with siblings, the agency must document reasonable efforts to place the siblings together, as well as the reason for separation. The agency may not cease reasonable efforts to place siblings together for final adoption until the court finds further reasonable efforts would be futile or that placement together for purposes of adoption is not in the best interests of one of the siblings; and
(11) working with the adopting parent to file a petition to adopt the child and with the court administrator to obtain a timely hearing to finalize the adoption.
Subd. 2. No waiver. (a) The responsible social services agency shall make reasonable efforts to recruit, assess, and match an adoptive home for any child under the guardianship of the commissioner and reasonable efforts shall continue until an adoptive placement is made and adoption finalized or until the child is no longer under the guardianship of the commissioner.
(b) A child of any age who is under the guardianship of the commissioner and is legally available for adoption may not refuse or waive the responsible social services agency's reasonable efforts to recruit, identify, and place the child in an adoptive home required under this section. The agency has an ongoing responsibility to work with the child to explore the child's opportunities for adoption, and what adoption means for the child, and may not accept a child's refusal to consider adoption as an option.
(c) The court may not relieve or otherwise order the responsible social services agency to cease fulfilling the responsible social services agency's duty regarding reasonable efforts to recruit, identify, and place the child in an adoptive home.
2012 c 216 art 1 s 28; 2021 c 30 art 10 s 39; 2022 c 98 art 8 s 24
Structure 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.125 — Case Transfer Process.
Section 260C.139 — Give Life A Chance; Safe Place For Newborns.
Section 260C.143 — Procedure; Habitual Truants, Runaways, Offenders.
Section 260C.148 — Procedure; Domestic Child Abuse.
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.165 — Certain Out-of-court Statements Admissible.
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.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.307 — Procedures In Terminating Parental Rights.
Section 260C.312 — Disposition; Parental Rights Not Terminated.
Section 260C.317 — Termination Of Parental Rights; Effect.
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.405 — Violation Of An Order For Protection.
Section 260C.411 — New Evidence.
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.507 — Admit-deny Hearing.
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.702 — Requirements For Placements In Qualified Residential Treatment Programs.
Section 260C.706 — Family And Permanency Team Requirements.
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.