provides that contests over the adoptive placement of children under state

Rules of Juvenile Court

Rule: 38.05

Jurisdiction: MN

Bluebook Citation: Minn. R. Juv. P. 38.05

guardianship are governed by Minnesota Statutes, section 260C.607, subdivision 6. A contested Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 359 JUVENILE COURT MINNESOTA COURT RULES adoptive placement hearing for a child under guardianship of the commissioner of human services occurs when an individual not selected by the agency for adoptive placement and who has an adoptive home study makes a prima facie showing that the responsible social services agency was unreasonable in making the adoptive placement. The individual files a motion, which is heard by the judge conducting the reviews required under Minnesota Statutes, section 260C.607, on the agency's reasonable efforts to finalize adoption of the child. If the court finds there is a prima facie showing, it will conduct further hearing on the motion and may order the agency to make an adoptive placement with the individual bringing the motion. A petition for adoption of a child under the guardianship of the commissioner cannot be filed unless there is an adoptive placement by the responsible agency made by a fully executed adoptive placement agreement. So, the process is not for contested adoption but, rather, for contested adoptive placement.

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