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Public Welfare and Related Activities (Ch. 245-267)

Chapter 260C. Child Protection

Disposition

260C.193. Dispositions; general provisions

Subdivision 1. Dismissal of petition. Whenever the court finds that the minor is not within the jurisdiction of the court or that the facts alleged in the petition have not been proved, it shall dismiss the petition.

Subd. 2. Consideration of reports. Before making a disposition in a case, terminating parental rights, or appointing a guardian for a child, the court may consider any report or recommendation made by the responsible social services agency, probation officer, licensed child-placing agency, foster parent, guardian ad litem, tribal representative, the child's health or mental health care provider, or other authorized advocate for the child or child's family, a school district concerning the effect on student transportation of placing a child in a school district in which the child is not a resident, or any other information deemed material by the court.

Subd. 3. Best interest of the child in foster care or residential care. (a) 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 under section 260C.212, subdivision 2, paragraph (b), of the needs of the child and of how the selected placement will serve the needs of the child in foster care placements.

(b) The court shall review whether the responsible social services agency made efforts as required under section 260C.212, subdivision 5, and made an individualized determination as required under section 260C.212, subdivision 2. If the court finds the agency has not made efforts as required under section 260C.212, subdivision 5, and there is a relative who qualifies to be licensed to provide family foster care under chapter 245A, the court may order the child placed with the relative consistent with the child's best interests.

(c) 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 interests 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 a 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.

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

(e) Whenever possible, siblings should be placed together unless it is determined not to be in the best interests of a sibling. If siblings are not placed together according to section 260C.212, subdivision 2, paragraph (d), the responsible social services 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 required as part of the out-of-home placement plan under section 260C.212.

(f) This subdivision does not affect the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

Subd. 4. Reports; juveniles placed out of state. Whenever a child is placed in a residential program located outside of this state pursuant to a disposition order issued under section 260C.201, the juvenile court administrator shall report the following information to the state court administrator:

(1) the fact that the placement is out of state;

(2) the type of placement; and

(3) the reason for the placement.

Subd. 5. Intended outcomes. When the court orders an out-of-home placement disposition for a child, the court shall state in its disposition order the intended outcome of the placement.

Subd. 6. Jurisdiction to review foster care to age 21, termination of jurisdiction, jurisdiction to age 18. (a) Jurisdiction over a child in foster care pursuant to section 260C.451 may continue to age 21 for the purpose of conducting the reviews required under section 260C.201, subdivision 11, paragraph (d), 260C.212, subdivision 7, or 260C.317, subdivision 3. Jurisdiction over a child in foster care pursuant to section 260C.451 shall not be terminated without giving the child notice of any motion or proposed order to dismiss jurisdiction and an opportunity to be heard on the appropriateness of the dismissal. When a child in foster care pursuant to section 260C.451 asks to leave foster care or actually leaves foster care, the court may terminate its jurisdiction.

(b) Except when a court order is necessary for a child to be in foster care or when continued review under (1) section 260C.212, subdivision 7, paragraph (d), or 260C.201, subdivision 11, paragraph (d), and (2) section 260C.317, subdivision 3, is required for a child in foster care under section 260C.451, the court may terminate jurisdiction on its own motion or the motion of any interested party upon a determination that jurisdiction is no longer necessary to protect the child's best interests.

(c) Unless terminated by the court, and except as otherwise provided in this subdivision, the jurisdiction of the court shall continue until the child becomes 18 years of age.

CREDIT(S)

Laws 1999, c. 139, art. 3, § 22. Amended by Laws 1999, c. 139, art. 4, § 2; Laws 2001, c. 178, art. 1, §§ 15, 44; Laws 2005, c. 165, art. 2, § 2, eff. June 4, 2005; Laws 2007, c. 54, art. 5, § 5, eff. July 1, 2007; Laws 2010; Laws 2010.

HISTORICAL AND STATUTORY NOTES

2007 Main Volume

Derivation:

Laws 1999, c. 216, art. 6, § 10.

Laws 1999, c. 164, § 1.

St.1998, § 260.181.

Laws 1997, c. 86, § 12.

Laws 1997, c. 7, art. 2, § 48.

Laws 1996, c. 416, § 15.

Laws 1995, c. 226, art. 3, § 28.

Laws 1994, c. 647, art. 2, § 5.

Laws 1994, c. 631, § 31.

Laws 1994, c. 576, § 25.

Laws 1993, c. 291, § 16.

Laws 1992, c. 571, art. 7, § 7.

Laws 1992, c. 557, § 7.

Laws 1989, c. 235, § 18.

Laws 1988, c. 689, art. 2, § 218.

Laws 1988, c. 673, § 26.

Laws 1983, c. 278, § 12.

Laws 1982, c. 615, § 4.

Laws 1978, c. 602, § 9.

Laws 1974, c. 544, § 1.

Laws 1963, c. 516, § 9.

Laws 1959, c. 685, § 27.

St.1957, §§ 260.02, 260.11, 260.20.

Laws 1953, c. 593, § 2.

Laws 1947, c. 81, § 1.

Laws 1945, c. 517, § 1.

Laws 1937, Ex.Sess., c. 79, § 3.

Laws 1933, c. 184.

St.1927, §§ 8637, 8646, 8655.

Laws 1927, c. 192, § 2.

Gen.St.1923, §§ 8646, 8655.

Laws 1917, c. 397, §§ 11, 20.

Gen.St.1913, §§ 7174, 7189.

Laws 1913, c. 260, § 2.

Laws 1909, c. 232.

Laws 1905, c. 285, § 13.

Laws 1999, c. 139, art. 4, § 2, par. (b), in part directed the revisor of statutes to correct cross references in Minnesota Statutes to sections that were repealed and recodified by Laws 1999, c. 139.

Laws 2001, c. 178, art. 1, § 15, rewrote subd. 3, which formerly read:

"Subd. 3. Protection of the child's best interests. (a) The policy of the state is to ensure that the best interests of children 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.

"(b) Among the factors to be considered in determining the needs of the child are:

"(1) the child's current functioning and behaviors;

"(2) the medical, educational, and developmental needs of the child;

"(3) the child's history and past experience;

"(4) the child's religious and cultural needs;

"(5) the child's connection with a community, school, and church;

"(6) the child's interests and talents;

"(7) the child's relationship to current caretakers, parents, siblings, and relatives; and

"(8) the reasonable preference of the child, if the court, or in the case of a voluntary placement the child-placing agency, deems the child to be of sufficient age to express preferences.

"(c) The court, in transferring legal custody of any child or appointing a guardian for the child under the laws relating to juvenile courts, shall consider placement, consistent with the child's best interests and in the following order, in the legal custody or guardianship of an individual who (1) is related to the child by blood, marriage, or adoption, or (2) is an important friend with whom the child has resided or had significant contact. Placement of a child cannot be delayed or denied based on race, color, or national origin of the foster parent or the child. Whenever possible, siblings should be placed together unless it is determined not to be in the best interests of a sibling.

"(d) 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 interests 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 a 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.

"(e) This subdivision does not affect the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835."

Laws 2001 c. 178, art. 1, § 44, par. (b), directed the revisor of statutes to renumber definitions in § 260C.007, putting the terms in alphabetical order, and to change affected text cross-references accordingly.

Laws 2005, c. 165, art. 2, § 2, in subd. 2 inserted "the child's health or mental health care provider,".

2011 Electronic Update                                                          

2007 Legislation

Laws 2007, c. 54, art. 5, § 5, in subd. 6, deleted the last sentence, which read: "Court jurisdiction under section 260C.007, subdivision 6, clause (14), may not continue past the child's 18th birthday."

2010 Legislation

Laws 2010, c. 269, art. 3, § 4, and Laws 2010, c. 301, art. 3, § 6, rewrote subd. 6 in a nearly identical fashion. Prior to revision, subd. 6 read:

"Subd. 6. Termination of jurisdiction. The court may dismiss the petition or otherwise terminate its jurisdiction on its own motion or on the motion or petition of any interested party at any time. Unless terminated by the court, and except as otherwise provided in this subdivision, the jurisdiction of the court shall continue until the individual becomes 19 years of age if the court determines it is in the best interest of the individual to do so."

M. S. A. § 260C.193, MN ST § 260C.193

Current with laws of the 2011 Regular Session through Chapter 19