| Minn.
R. 9560.0221
Minnesota
Rules
Chapter
9560
Department
of Human Services
Social
Services for Children
Protective
Services for Children
9560.0221 Criteria
for Seeking Child's Removal From Home.
Subpart 1. Agency evaluation
before seeking removal. Before seeking removal of a child from the child's
home, the local agency must evaluate whether:
A. the child is
an Indian child as defined in Minnesota Statutes, section 260.755, subdivision
8; and if so, the agency must follow the process in subpart 3;
B. the agency has
made reasonable efforts except as specified in Minnesota Statutes, section
260.012, paragraph (a), to provide services that are:
(1) relevant
to the safety and protection of the child;
(2) adequate
to meet the needs of the child and family;
(3) culturally appropriate;
(4) available
and accessible;
(5) consistent
and timely; and
(6) realistic
under the circumstances;
C. in the case
of child maltreatment, the alleged offender can be removed from the child's
home;
D. a caregiver
is willing and able to protect the child if the alleged offender cannot
be removed from the child's home; or
E. the child and
child's caregiver are informed of the services and accept the services
the agency offers.
Subp. 2. Removal of non-Indian
child from home.
A. If the local
agency determines that a child is in imminent danger of maltreatment and
that the actions in subpart 1 would not ensure the child's safety, then
an emergency exists and the agency must seek removal of the child from
the home according to part 9560.0220, subpart 9, or obtain an appropriate
protective court order.
B. The local agency
may seek legal authority to place the child in foster care in nonemergency
circumstances when:
(1) a parent
voluntarily requests placement of the child; or
(2) when
the local agency believes the child is in need of protection and services
as defined in Minnesota Statutes, section 260C.007, subdivision 6.
Subp. 3. Removal of Indian
child.
A. The agency must
seek emergency removal of any Indian child who is temporarily or permanently
located off the reservation if necessary to prevent imminent physical
damage or harm to the child. The agency must expeditiously initiate a
child custody proceeding subject to the Indian Child Welfare Act, United
States Code, title 25, chapter 21, subchapter I, section 1915, transfer
the child to the jurisdiction of the appropriate tribe, or restore the
child to the parent. The emergency placement must terminate immediately
when it is no longer necessary to prevent imminent physical damage or
harm to the child.
B. If the agency
believes it will be involved with an Indian child for more than 30 days,
it must notify the child's tribe of the potential for foster care placement
within seven days of determining that the child might be placed out of
the home.
C. If the Indian
child resides on a reservation with jurisdiction over child welfare matters
or is a ward of a tribal court, the agency may not seek nonemergency removal
of the child even when the maltreatment occurs off the reservation. In
nonemergency cases, the agency must refer the Indian child to tribal social
services.
D. In cases involving
an Indian child who is not a resident of or domiciled on
a reservation, the agency may seek nonemergency removal of the child only
if clear and convincing evidence can show that the child is likely to
suffer serious emotional or physical damage in the care of the parent
or Indian custodian.
E. An agency removing
an Indian child must satisfy the court that active efforts have been made
to provide remedial services and rehabilitative programs designed to prevent
the breakup of the Indian family and that these efforts have proved unsuccessful.
Active efforts include, but are not limited to, soliciting the advice
of tribal representatives and, if the parents do not object, members of
the child's extended family.
F. Removal of an
Indian child requires testimony by a qualified expert witness as to the
likelihood of harm from continued residence with the parent or Indian
custodian.
G. A ""qualified
expert witness'' means:
(1) a member
of an Indian child's tribe who is recognized by the tribal community as
knowledgeable in tribal customs of family organization and child rearing;
(2) a lay
expert witness having substantial experience in the delivery of child
and family services to Indians, and extensive knowledge of prevailing
social and cultural standards and child rearing practices within the Indian
child's tribe; or
(3) a professional person having substantial education and
experience in the area of the professional person's specialty, along with
substantial knowledge of prevailing social and cultural standards and
child-rearing practices within the Indian community.
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