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Stat. § 260.761
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260. Juveniles
Minnesota
Indian Preservation Act
260.761. Social services
agency and private licensed child-placing agency notice to tribes
Subdivision
1. Determination of Indian child's tribe.
The local social services agency or private licensed child-placing agency
shall determine whether a child brought to its attention for the purposes
described in this section is an Indian child and the identity of the Indian
child's tribe.
Subd.
2. Agency notice of potential out-of-home placement.
When a local social services agency or private child-placing agency determines
that an Indian child is in a dependent or other condition that could lead
to an out-of-home placement and requires the continued involvement of
the agency with the child for a period in excess of 30 days, the agency
shall send notice of the condition
and of the initial steps taken to remedy it to the Indian child's tribal
social services agency within seven days of the determination. At this
and any subsequent stage of its involvement with an Indian child, the
agency shall, upon request, give the tribal social services agency full
cooperation including access to all files concerning the child. If the
files contain confidential or private data, the agency may require execution
of an agreement with the tribal social services agency that the tribal
social services agency shall maintain the data according to statutory
provisions applicable to the data. This subdivision applies whenever the
court transfers legal custody of an Indian child under section 260B.198,
subdivision 1, paragraph (c), clause (1), (2), or (3), following an adjudication
for a misdemeanor-level delinquent act.
Subd.
3. Notice of potential preadoptive or adoptive placement.
In any voluntary adoptive or preadoptive placement proceeding in which
a local social services agency, private child-placing agency, petitioner
in the adoption, or any other party has reason to believe that a child
who is the subject of an adoptive or preadoptive placement proceeding
is or may be an 'Indian child," as defined in section 260.755, subdivision
8, and United States Code, title 25,
section 1903(4), the agency or person shall notify the Indian child's
tribal social services agency by registered mail with return receipt requested
of the pending proceeding and of the right of intervention under subdivision
6. If the identity or location of the child's tribe cannot be determined,
the notice must be given to the United States secretary of interior in
like manner, who will have 15 days after receipt of the notice to provide
the requisite notice to the tribe. No preadoptive or adoptive placement
proceeding may be held until at least ten days after receipt of the notice
by the tribe or secretary. Upon request, the tribe must be granted up
to 20 additional days to prepare for the proceeding. The agency or notifying
party shall include in the notice the identity of the birth parents and
child absent written objection by the birth parents. The private child-placing
agency shall inform the birth parents of the Indian child of any services
available to the Indian child through the child's tribal social services
agency, including child placement services, and shall additionally provide
the birth parents of the Indian child with all information sent from the
tribal social services agency in response to the notice.
Subd.
4. Unknown father.
If the local social services agency, private child-placing
agency, the court, petitioner, or any other party has reason to believe
that a child who is the subject of an adoptive placement proceeding is
or may be an Indian child but the father of the child is unknown and has
not registered with the fathers' adoption registry pursuant to section
259.52, the agency or person shall provide to the tribe believed to be
the Indian child's tribe information sufficient to enable the tribe to
determine the child's eligibility for membership in the tribe, including,
but not limited to, the legal and maiden name of the birth mother, her
date of birth, the names and dates of birth of her parents and grandparents,
and, if available, information pertaining to the possible identity, tribal
affiliation, or location of the birth father.
Subd.
5. Proof of service of notice upon tribe or secretary.
In cases where an agency or party to an adoptive placement knows or has
reason to believe that a child is or may be an Indian child, proof of
service upon the child's tribe or the secretary of interior must be filed
with the adoption petition.
Subd.
6. Indian tribe's right of intervention.
In any state court proceeding for
the voluntary adoptive or preadoptive placement of an Indian child, the
Indian child's tribe shall have a right to intervene at any point in the
proceeding.
Subd.
7. Identification of extended family members.
Any agency considering placement of an Indian child shall make reasonable
efforts to identify and locate extended family members.
CREDIT(S)
Laws 1999, c. 139, art.
1, § 4.
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