MN ST § 260.012
 
M.S.A. § 260.012
Minnesota Statutes Annotated Currentness
Public Welfare and Related Activities (Ch. 245-267)
Chapter 260. Juveniles
General Provisions

260.012. Duty to ensure placement prevention and family reunification; reasonable efforts

(a) Once a child alleged to be in need of protection or services is under the court's jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate services, by the social services agency are made to prevent placement or to eliminate the need for removal and to reunite the child with the child's family at the earliest possible time, and the court must ensure that the responsible social services agency makes reasonable efforts to finalize an alternative permanent plan for the child as provided in paragraph (e). In determining reasonable efforts to be made with respect to a child and in making those reasonable efforts, the child's best interests, health, and safety must be of paramount concern. Reasonable efforts to prevent placement and for rehabilitation and reunification are always required except upon a determination by the court that a petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section 260C.007, subdivision 14;

(2) the parental rights of the parent to another child have been terminated involuntarily;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph (a), clause (2);

(4) the parent's custodial rights to another child have been involuntarily transferred to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar law of another jurisdiction; or

(5) the provision of services or further services for the purpose of reunification is futile and therefore unreasonable under the circumstances.

(b) When the court makes one of the prima facie determinations under paragraph (a), either permanency pleadings under section 260C.201, subdivision 11, or a termination of parental rights petition under sections 260C.141 and 260C.301 must be filed. A permanency hearing under section 260C.201, subdivision 11, must be held within 30 days of this determination.

(c) In the case of an Indian child, in proceedings under sections 260B.178 or 260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions consistent with the Act of 1978, United States Code, title 25, section 1901 et seq., as to the provision of active efforts. In cases governed by the Act of 1978, United States Code, title 25, section 1901, the responsible social services agency must provide active efforts as required under United States Code, title 25, section 1911(d).

(d) "Reasonable efforts to prevent placement" means:

(1) the agency has made reasonable efforts to prevent the placement of the child in foster care by working with the family to develop and implement a safety plan; or

(2) given the particular circumstances of the child and family at the time of the child's removal, there are no services or efforts available which could allow the child to safely remain in the home.

(e) "Reasonable efforts to finalize a permanent plan for the child" means due diligence by the responsible social services agency to:

(1) reunify the child with the parent or guardian from whom the child was removed;

(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, where appropriate, provide services necessary to enable the noncustodial parent to safely provide the care, as required by section 260C.212, subdivision 4;

(3) conduct a relative search to identify and provide notice to adult relatives as required under section 260C.212, subdivision 5;

(4) place siblings removed from their home in the same home for foster care or adoption, or transfer permanent legal and physical custody to a relative. Visitation between siblings who are not in the same foster care, adoption, or custodial placement or facility shall be consistent with section 260C.212, subdivision 2; and

(5) when the child cannot return to the parent or guardian from whom the child was removed, to plan for and finalize a safe and legally permanent alternative home for the child, and considers permanent alternative homes for the child inside or outside of the state, preferably through adoption or transfer of permanent legal and physical custody of the child.

(f) Reasonable efforts are made upon the exercise of due diligence by the responsible social services agency to use culturally appropriate and available services to meet the needs of the child and the child's family. Services may include those provided by the responsible social services agency and other culturally appropriate services available in the community. At each stage of the proceedings where the court is required to review the appropriateness of the responsible social services agency's reasonable efforts as described in paragraphs (a), (d), and (e), the social services agency has the burden of demonstrating that:

(1) it has made reasonable efforts to prevent placement of the child in foster care;

(2) it has made reasonable efforts to eliminate the need for removal of the child from the child's home and to reunify the child with the child's family at the earliest possible time;

(3) it has made reasonable efforts to finalize an alternative permanent home for the child, and considers permanent alternative homes for the child inside or outside of the state; or

(4) reasonable efforts to prevent placement and to reunify the child with the parent or guardian are not required. The agency may meet this burden by stating facts in a sworn petition filed under section 260C.141, by filing an affidavit summarizing the agency's reasonable efforts or facts the agency believes demonstrate there is no need for reasonable efforts to reunify the parent and child, or through testimony or a certified report required under juvenile court rules.

(g) Once the court determines that reasonable efforts for reunification are not required because the court has made one of the prima facie determinations under paragraph (a), the court may only require reasonable efforts for reunification after a hearing according to section 260C.163, where the court finds there is not clear and convincing evidence of the facts upon which the court based its prima facie determination. In this case when there is clear and convincing evidence that the child is in need of protection or services, the court may find the child in need of protection or services and order any of the dispositions available under section 260C.201, subdivision 1. Reunification of a surviving child with a parent is not required if the parent has been convicted of:

(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;

(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the surviving child; or

(3) a violation of, or an attempt or conspiracy to commit a violation of, United States Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.

(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178, 260C.201, and 260C.301 shall make findings and conclusions as to the provision of reasonable efforts. When determining whether reasonable efforts have been made, the court shall consider whether services to the child and family were:

(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.

In the alternative, the court may determine that provision of services or further services for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances or that reasonable efforts are not required as provided in paragraph (a).

(i) This section does not prevent out-of-home placement for treatment of a child with a mental disability when it is determined to be medically necessary as a result of the child's diagnostic assessment or individual treatment plan indicates that appropriate and necessary treatment cannot be effectively provided outside of a residential or inpatient treatment program and the level or intensity of supervision and treatment cannot be effectively and safely provided in the child's home or community and it is determined that a residential treatment setting is the least restrictive setting that is appropriate to the needs of the child.

(j) If continuation of reasonable efforts to prevent placement or reunify the child with the parent or guardian from whom the child was removed is determined by the court to be inconsistent with the permanent plan for the child or upon the court making one of the prima facie determinations under paragraph (a), reasonable efforts must be made to place the child in a timely manner in a safe and permanent home and to complete whatever steps are necessary to legally finalize the permanent placement of the child.

(k) Reasonable efforts to place a child for adoption or in another permanent placement may be made concurrently with reasonable efforts to prevent placement or to reunify the child with the parent or guardian from whom the child was removed. When the responsible social services agency decides to concurrently make reasonable efforts for both reunification and permanent placement away from the parent under paragraph (a), the agency shall disclose its decision and both plans for concurrent reasonable efforts to all parties and the court. When the agency discloses its decision to proceed on both plans for reunification and permanent placement away from the parent, the court's review of the agency's reasonable efforts shall include the agency's efforts under both plans.

CREDIT(S)

Laws 1986, c. 448, § 1, eff. Aug. 1, 1986. Amended by Laws 1988, c. 514, § 4, eff. Aug. 1, 1988; Laws 1989, c. 235, § 1; Laws 1997, c. 239, art. 6, § 13; Laws 1998, c. 406, art. 1, § 24, eff. April 21, 1998; Laws 1998, c. 407, art. 9, § 23, eff. April 22, 1998; Laws 1999, c. 139, art. 4, § 2; Laws 1999, c. 245, art. 8, § 42; Laws 2001, c. 178, art. 1, §§ 4, 44; Laws 2003, 1st Sp., c. 14, art. 11, § 11; Laws 2005, c. 159, art. 2, § 11; Laws 2007, c. 147, art. 1, § 7, eff. July 1, 2007; Laws 2009, c. 163, art. 2, § 13, eff. Aug. 1, 2009; Laws c. 301, art. 3, § 4, eff. Aug. 1, .

HISTORICAL AND STATUTORY NOTES

2007 Main Volume

Laws 1986, c. 448, § 9 provides that this section is effective August 1, 1986, and applies to crimes committed on or after that date.

The 1988 amendment revised this section which formerly read:

"At all stages of juvenile court proceedings, it shall be the duty of the court to ensure that all reasonable efforts are made to reunite a child with the child's family at the earliest possible time, consistent with the safety of the child and the public."

Laws 1988, c. 514, § 10, provides that chapter 514 is effective August 1, 1988, and applies to petitions for termination of parental rights filed and placement begun on or after that date.

The 1989 amendment rewrote the section, which formerly read:

"If a child is under the court's dependency or neglect jurisdiction, the court shall ensure that reasonable efforts by the social service agency are made to reunite the child with the child's family at the earliest possible time, consistent with the best interests of the child. If a child is under the court's delinquency jurisdiction, it shall be the duty of the court to ensure that reasonable efforts are made to reunite the child with the child's family at the earliest possible time, consistent with the best interests of the child and the safety of the public."

Laws 1997, c. 239, art. 6, § 13, in par. (a), added the provision authorizing the court, upon motion and hearing, to order the cessation of reasonable efforts, in par. (b), inserted that as an alternative, the agency has the burden of demonstrating that provision of services or further services for the purpose of rehabilitation and reunification is futile and unreasonable under the circumstances, and added cls. (1) to (3), listing prior conviction that make reunification of a surviving child with a parent not required, and in par. (c), authorized the court, in the alternative, to determine that provision of services or further services for the purpose of rehabilitation is futile and unreasonable under the circumstances.

Laws 1998, c. 406, art. 1, § 24 and Laws 1998, c. 407, art. 9, § 23, in par. (a), provided that the child's health and safety must be of paramount concern in making reasonable efforts, and added provisions specifying when reasonable efforts are not required, in par. (c) added "or that reasonable efforts are not required as provided in paragraph (a)", and added pars. (e) and (f).

Laws 1998, c. 406, art. 1, § 37, provides that the amendments to Minnesota Statutes in Laws 1998, chapter 406, article 1, prevail over any inconsistent amendments to the same statutes contained in Laws 1998, chapter 407.

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 1999, c. 245, art. 8, § 42, rewrote this section, which formerly read:

"(a) If a child in need of protection or services is under the court's jurisdiction, the court shall ensure that reasonable efforts including culturally appropriate services by the social service agency are made to prevent placement or to eliminate the need for removal and to reunite the child with the child's family at the earliest possible time, consistent with the best interests, safety, and protection of the child. The court may, upon motion and hearing, order the cessation of reasonable efforts if the court finds that provision of services or further services for the purpose of rehabilitation and reunification is futile and therefore unreasonable under the circumstances. In determining reasonable efforts to be made with respect to a child and in making those reasonable efforts, the child's health and safety must be of paramount concern. Reasonable efforts are not required if the court determines that:

"(1) a termination of parental rights petition has been filed stating a prima facie case that the parent has subjected the child to egregious harm as defined in section 260.015, subdivision 29, or the parental rights of the parent to a sibling have been terminated involuntarily; or

"(2) a determination not to proceed with a termination of parental rights petition on these grounds was made under section 260.221, subdivision 1b, paragraph (b), and a permanency hearing is held within 30 days of the determination.

"In the case of an Indian child, in proceedings under sections 260.172, 260.191, and 260.221 the juvenile court must make findings and conclusions consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901 et seq., as to the provision of active efforts. If a child is under the court's delinquency jurisdiction, it shall be the duty of the court to ensure that reasonable efforts are made to reunite the child with the child's family at the earliest possible time, consistent with the best interests of the child and the safety of the public.

"(b) 'Reasonable efforts' means the exercise of due diligence by the responsible social service agency to use appropriate and available services to meet the needs of the child and the child's family in order to prevent removal of the child from the child's family; or upon removal, services to eliminate the need for removal and reunite the family. Services may include those listed under section 256F.07, subdivision 3, and other appropriate services available in the community. The social service agency has the burden of demonstrating that it has made reasonable efforts or that provision of services or further services for the purpose of rehabilitation and reunification is futile and therefore unreasonable under the circumstances. Reunification of a surviving child with a parent is not required if the parent has been convicted of:

"(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;

"(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the surviving child; or

"(3) a violation of, or an attempt or conspiracy to commit a violation of, United States Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.

"(c) The juvenile court, in proceedings under sections 260.172, 260.191, and 260.221 shall make findings and conclusions as to the provision of reasonable efforts. When determining whether reasonable efforts have been made, the court shall consider whether services to the child and family were:

"(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.

"In the alternative, the court may determine that provision of services or further services for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances or that reasonable efforts are not required as provided in paragraph (a).

"(d) This section does not prevent out-of-home placement for treatment of a child with a mental disability when the child's diagnostic assessment or individual treatment plan indicates that appropriate and necessary treatment cannot be effectively provided outside of a residential or inpatient treatment program.

"(e) If continuation of reasonable efforts described in paragraph (b) is determined to be inconsistent with the permanency plan for the child, reasonable efforts must be made to place the child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanency plan for the child.

"(f) Reasonable efforts to place a child for adoption or in another permanent placement may be made concurrently with reasonable efforts as described in paragraphs (a) and (b)."

Laws 2001, c. 178, art. 1, § 4, in par. (a), added cl. (1)(iv), relating to the involuntary transfer to a relative of a parent's custodial rights to another child.

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 2003, 1st Sp., c. 14, art. 11, § 11, directed the revisor of statutes, in sections affected by the repeal in art. 14, § 12, par. (a), (repealing §§ 245.478, 245.4886, 245.4888, 245.496, 254A.17, 256E.01, 256E.02, 256E.03, 256E.04, 256E.05, 256E.06, 256E.07, 256E.08, 256E.081, 256E.09, 256E.10, 256E.11, 256E.115, 256E.13, 256E.14, 256E.15, 256F.01, 256F.02, 256F.03, 256F.04, 256F.05, 256F.06, 256F.07, 256F.08, 256F.11, 256F.12, 256F.14, 257.075, 257.81, 260.152, 626.562), to delete internal cross-references where appropriate and make changes necessary to correct punctuation, grammar, or structure of the remaining text and preserve its meaning.

Laws 2005, c. 159, art. 2, § 11, rewrote this section, which formerly read:

"(a) Once a child alleged to be in need of protection or services is under the court's jurisdiction, the court shall ensure that reasonable efforts including culturally appropriate services by the social services agency are made to prevent placement or to eliminate the need for removal and to reunite the child with the child's family at the earliest possible time, consistent with the best interests, safety, and protection of the child. In determining reasonable efforts to be made with respect to a child and in making those reasonable efforts, the child's health and safety must be of paramount concern. Reasonable efforts for rehabilitation and reunification are not required upon a determination by the court that:

"(1) a termination of parental rights petition has been filed stating a prima facie case that:

"(i) the parent has subjected a child to egregious harm as defined in section 260C.007, subdivision 14;

"(ii) the parental rights of the parent to another child have been terminated involuntarily;

"(iii) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph (a), clause (2); or

"(iv) the parent's custodial rights to another child have been involuntarily transferred to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar law of another jurisdiction;

"(2) the county attorney has filed a determination not to proceed with a termination of parental rights petition on these grounds was made under section 260C.301, subdivision 3, paragraph (b), and a permanency hearing is held within 30 days of the determination; or

"(3) a termination of parental rights petition or other petition according to section 260C.201, subdivision 11, has been filed alleging a prima facie case that the provision of services or further services for the purpose of reunification is futile and therefore unreasonable under the circumstances.

"In the case of an Indian child, in proceedings under sections 260B.178 or 260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901 et seq., as to the provision of active efforts. If a child is under the court's delinquency jurisdiction, it shall be the duty of the court to ensure that reasonable efforts are made to reunite the child with the child's family at the earliest possible time, consistent with the best interests of the child and the safety of the public.

"(b) 'Reasonable efforts' means the exercise of due diligence by the responsible social services agency to use appropriate and available services to meet the needs of the child and the child's family in order to prevent removal of the child from the child's family; or upon removal, services to eliminate the need for removal and reunite the family.

"(1) Services may include appropriate services available in the community.

"(2) At each stage of the proceedings where the court is required to review the appropriateness of the responsible social services agency's reasonable efforts, the social services agency has the burden of demonstrating that it has made reasonable efforts, or that provision of services or further services for the purpose of rehabilitation and reunification is futile and therefore unreasonable under the circumstances or that reasonable efforts aimed at reunification are not required under this section. The agency may meet this burden by stating facts in a sworn petition filed under section 260C.141, or by filing an affidavit summarizing the agency's reasonable efforts or facts the agency believes demonstrate there is no need for reasonable efforts to reunify the parent and child.

"(3) No reasonable efforts for reunification are required when the court makes a determination under paragraph (a) unless, after a hearing according to section 260C.163, the court finds there is not clear and convincing evidence of the facts upon which the court based its prima facie determination. In this case, the court may proceed under section 260C.312. Reunification of a surviving child with a parent is not required if the parent has been convicted of:

"(i) a violation of, or an attempt or conspiracy to commit a violation of, sections 609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the parent;

"(ii) a violation of section 609.222, subdivision 2; or 609.223, in regard to the surviving child; or

"(iii) a violation of, or an attempt or conspiracy to commit a violation of, United States Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.

"(c) The juvenile court, in proceedings under sections 260B.178 or 260C.178, 260C.201, and 260C.301 shall make findings and conclusions as to the provision of reasonable efforts. When determining whether reasonable efforts have been made, the court shall consider whether services to the child and family were:

"(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.

"In the alternative, the court may determine that provision of services or further services for the purpose of rehabilitation is futile and therefore unreasonable under the circumstances or that reasonable efforts are not required as provided in paragraph (a).

"(d) This section does not prevent out-of-home placement for treatment of a child with a mental disability when the child's diagnostic assessment or individual treatment plan indicates that appropriate and necessary treatment cannot be effectively provided outside of a residential or inpatient treatment program.

"(e) If continuation of reasonable efforts described in paragraph (b) is determined by the court to be inconsistent with the permanent plan for the child, or upon a determination under paragraph (a), reasonable efforts must be made to place the child in a timely manner in accordance with the permanent plan ordered by the court and to complete whatever steps are necessary to finalize the permanent plan for the child.

"(f) Reasonable efforts to place a child for adoption or in another permanent placement may be made concurrently with reasonable efforts as described in paragraphs (a) and (b). When the responsible social services agency decides to concurrently make reasonable efforts for both reunification and permanent placement away from the parent under paragraphs (a) and (b), the agency shall disclose its decision and both plans for concurrent reasonable efforts to all parties and the court. When the agency discloses its decision to proceed on both plans for reunification and permanent placement away from the parent, the court's review of the agency's reasonable efforts shall include the agency's efforts under paragraphs (a) and (b)."

2011 Electronic Update                                                          

2007 Legislation

Laws 2007, c. 147, art. 1, § 7, in par. (a), deleted "when a child cannot be reunified with the parent or guardian from whom the child was removed," preceding "the court must ensure", in par. (e), cl. (4), inserted "and considers permanent alternative homes for the child inside or outside of the state,", and in par. (f), cl. (3), inserted ", and considers permanent alternative homes for the child inside or outside of the state".

2009 Legislation

Laws 2009, c. 163, art. 2, § 13, in par. (e) in cl. (3), inserted "to identify and provide notice to adult relatives", inserted cl. (4), relating to the placement of siblings, and redesignated former cl. (4) as cl. (5), and rewrote par. (i), which formerly read:

"(i) This section does not prevent out-of-home placement for treatment of a child with a mental disability when the child's diagnostic assessment or individual treatment plan indicates that appropriate and necessary treatment cannot be effectively provided outside of a residential or inpatient treatment program."

2010 Legislation

Laws 2010, c. 301, art. 3, § 4, corrected a citation in par. (a), cl. (4).

M. S. A. § 260.012, MN ST § 260.012

Current with laws of the 2011 Regular Session through Chapter 19

END OF DOCUMENT

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