Best Interests of the Child

Statute: Minn. Stat. Ann. § 260C.193 Subd. 3 (West, WESTLAW through End of 2001 1st Sp. Sess.)

Law:

The policy of the State is to ensure that the best interests of children in foster or residential care are met by requiring individualized determinations of the needs of the child and of how the selected placement will serve the needs of the child in foster care placements.

The court shall review whether the responsible social services agency made efforts as required under § 260C.212 and made an individualized determination as required. If the court finds the agency has not made efforts as required, and there is a relative who qualifies to be licensed to provide family foster care, the court may order the child placed with the relative consistent with the child's best interests.

If the child's birth parent or parents explicitly request that a relative or important friend not be considered, the court shall honor that request if it is consistent with the best interest of the child.

If the child's birth parent or parents express a preference for placing the child in a foster or adoptive home of the same or similar religious background to that of the birth parent or parents, the court shall order placement of the child with an individual who meets the birth parent's religious preference.

Placement of a child cannot be delayed or denied based on race, color, or national origin of the foster parent or child.

Whenever possible, siblings should be placed together unless it is determined not to be in the best interest of a sibling. If siblings are not placed together, the responsible agency shall report to the court the efforts made to place the siblings together and why the efforts were not successful. If the court is not satisfied with the agency's efforts to place siblings together, the court may order the agency to make further efforts. If siblings are not placed together, the court shall review the responsible social services agency's plan for visitation among siblings as part of the out-of-home placement plan.

This subdivision does not affect the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.

Concurrent Planning

Statute: Minn. Stat. Ann. § 260.012(f) (West, WESTLAW through End of 2002 1st Sp. Sess.)

Law:

Reasonable efforts to place a child for adoption or in another permanent placement may be made concurrently with reasonable efforts to prevent removal or to reunify families. When the responsible social services agency decides to concurrently make reasonable efforts for both reunification and permanent placement away from the parent, the agency shall disclose its decision and both plans for concurrent reasonable efforts to all parties and the court.

Statute: Minn. Stat. Ann. § 260C.213, Subd. 1-3 (West, WESTLAW through End of 2002 1st Sp. Sess.)

Law:

The Commissioner of Human Services shall establish a program for concurrent permanency planning for child protection services.

Concurrent permanency planning involves a planning process for children who are placed out of the home of their parents pursuant to a court order, or who have been voluntarily placed out of the home by the parents for 60 days or more and who are not developmentally disabled or emotionally handicapped. The responsible social services agency shall develop an alternative permanency plan while making reasonable efforts for reunification of the child with the family, if required by law. The goals of concurrent permanency planning are to:

Achieve early permanency for children;

Decrease children's length of stay in foster care and reduce the number of moves children
experience in foster care; and

Develop a group of families who will work towards reunification and also serve as permanent families for children.

The commissioner shall establish guidelines and
protocols for social services agencies involved
in concurrent permanency planning, including
criteria for conducting concurrent permanency
planning based on relevant factors such as:

Age of the child and duration of out-of-home placement;

Prognosis for successful reunification with parents;

Availability of relatives and other concerned
individuals to provide support or a permanent
placement for the child; and

Special needs of the child and other factors affecting the child's best interests.

In developing the guidelines and protocols, the commissioner shall consult with interest groups within the child protection system, including child protection workers, child protection advocates, county attorneys, law enforcement, community service organizations, the councils of color, and the ombudsperson for families.

Concurrent permanency planning programs must include involvement of parents and full disclosure of their rights and responsibilities; goals of concurrent permanency planning; support services that are available for families; permanency options; and the consequences of not complying with case plans.