| Minn.
Stat. § 260.765
Minnesota
Statutes
Public Welfare and Related Activities (Ch. 245-267)
Chapter
260. Juveniles
Minnesota
Indian Preservation Act
260.765. Voluntary
foster care placement
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. Notice.
When an Indian child is voluntarily placed in foster care, the local social
services agency involved in the decision to place the child shall give
notice of the placement to the child's parents, tribal social services
agency, and the Indian custodian within seven days of placement, excluding
weekends and holidays.
If
a private licensed child-placing agency makes a temporary voluntary foster
care placement pending a decision on adoption by a parent, notice of the
placement shall be given to the child's parents, tribal social services
agency, and the Indian custodian upon the filing of a petition for termination
of parental rights or three months following the temporary placement,
whichever occurs first.
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.
Subd.
3. Notice of administrative review.
In an administrative review of a voluntary foster care placement, the
tribal social services agency of the child,
the Indian custodian, and the parents of the child shall have notice and
a right of participation in the review.
Subd.
4. Return of child in voluntary placement.
Upon demand by the parent or Indian custodian of an Indian child, the
local social services agency or private licensed child-placing agency
shall return the child in voluntary foster care placement to the parent
or Indian custodian within 24 hours of the receipt of the demand. If the
request for return does not satisfy the requirement of section 260.755,
subdivision 5, the local social services agency or private child-placing
agency shall immediately inform the parent or Indian custodian of the
Indian child of the requirement.
Subd.
5. 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, § 5.
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