Minnesota Statutes
Chapter 260C — Juvenile Safety And Placement
Section 260C.71 — Court Approval Requirements.

Subdivision 1. Judicial review. When the responsible social services agency has legal authority to place a child at a qualified residential treatment facility under section 260C.007, subdivision 21a, and the child's assessment under section 260C.704 recommends placing the child in a qualified residential treatment facility, the agency shall place the child at a qualified residential facility. Within 60 days of placing the child at a qualified residential treatment facility, the agency must obtain a court order finding that the child's placement is appropriate and meets the child's individualized needs.
Subd. 2. Qualified residential treatment program; agency report to court. (a) The responsible social services agency shall file a written report with the court after receiving the qualified individual's assessment as specified in section 260C.704 prior to the child's placement or within 35 days of the date of the child's placement in a qualified residential treatment facility. The written report shall contain or have attached:
(1) the child's name, date of birth, race, gender, and current address;
(2) the names, races, dates of birth, residence, and post office address of the child's parents or legal custodian or guardian;
(3) the name and address of the qualified residential treatment program, including a chief administrator of the facility;
(4) a statement of the facts that necessitated the child's foster care placement;
(5) the child's out-of-home placement plan under section 260C.212, subdivision 1, including the requirements in section 260C.708;
(6) if the child is placed in an out-of-state qualified residential treatment program, the compelling reasons why the child's needs cannot be met by an in-state placement;
(7) the qualified individual's assessment of the child under section 260C.704, paragraph (c), in a format approved by the commissioner;
(8) if, at the time required for the report under this subdivision, the child's parent or legal guardian, a child who is ten years of age or older, the family and permanency team, or a tribe disagrees with the recommended qualified residential treatment program placement, information regarding the disagreement and to the extent possible, the basis for the disagreement in the report; and
(9) any other information that the responsible social services agency, child's parent, legal custodian or guardian, child, or, in the case of an Indian child, tribe would like the court to consider.
(b) The agency shall file the written report under paragraph (a) with the court and serve on the parties a request for a hearing or a court order without a hearing.
(c) The agency must inform the child's parent or legal guardian and a child who is ten years of age or older of the court review requirements of this section and the child and child's parent's or legal guardian's right to submit information to the court:
(1) the agency must inform the child's parent or legal guardian and a child who is ten years of age or older of the reporting date and the date by which the agency must receive information from the child and child's parent so that the agency is able to submit the report required by this subdivision to the court;
(2) the agency must inform the child's parent or legal guardian and a child who is ten years of age or older that the court will hold a hearing upon the request of the child or the child's parent; and
(3) the agency must inform the child's parent or legal guardian and a child who is ten years of age or older that they have the right to request a hearing and the right to present information to the court for the court's review under this subdivision.
Subd. 3. Court hearing. (a) The court shall hold a hearing when a party or a child who is ten years of age or older requests a hearing.
(b) In all other circumstances, the court has the discretion to hold a hearing or issue an order without a hearing.
Subd. 4. Court findings and order. (a) Within 60 days from the beginning of each placement in a qualified residential treatment program when the qualified individual's assessment of the child recommends placing the child in a qualified residential treatment program, the court must consider the qualified individual's assessment of the child under section 260C.704 and issue an order to:
(1) determine whether a family foster home can meet the child's needs, whether it is necessary and appropriate to place a child in a qualified residential treatment program that is the least restrictive environment possible, and whether the child's placement is consistent with the child's short and long term goals as specified in the permanency plan; and
(2) approve or disapprove of the child's placement.
(b) If the court disapproves of the child's placement in a qualified residential treatment program, the responsible social services agency shall: (1) remove the child from the qualified residential treatment program within 30 days of the court's order; and (2) make a plan for the child's placement that is consistent with the child's best interests under section 260C.212, subdivision 2.
Subd. 5. Court review and approval not required. When the responsible social services agency has legal authority to place a child under section 260C.007, subdivision 21a, and the qualified individual's assessment of the child does not recommend placing the child in a qualified residential treatment program, the court is not required to hold a hearing and the court is not required to issue an order. Pursuant to section 260C.704, paragraph (f), the responsible social services agency shall make a plan for the child's placement consistent with the child's best interests under section 260C.212, subdivision 2. The agency must file the agency's assessment determination for the child with the court at the next required hearing.
1Sp2020 c 2 art 5 s 89; 2021 c 30 art 10 s 46

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.