| Minn. Stat. § 260.012
Minnesota
Statutes
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 when a child cannot be reunified with the parent or guardian
from whom the child was removed, 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
(e), 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 Indian Child Welfare Act of 1978,
United States Code, title 25, section 1901 et seq., as to the provision
of active efforts. In cases governed by the Indian Child Welfare 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; 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 as required under section 260C.212, subdivision
5; and
(4)
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, 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; 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 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.
(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.
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