Social Services Court Report - Child Under State Guardianship

Subd. 1. Timing. When a hearing is required under Minnesota Statutes, section 260C.607, to review the progress of the matter towards finalized adoption and the child's well-being, in addition to the requirements of Rules 27.01 and 27.02, and as appropriate to the stage of the matter, the agency shall file and serve a report addressing the elements of Minnesota Statutes, section 260C.607, subdivision 4. Subd. 2. Content. (a) Information for Notice of Hearing. In a document attached to the report, filed as a confidential document under Rule 8.04, subd. 2(o), the agency shall include the following information required for the court to provide notice of the hearing: (1) the child's current address, if the child is age 10 and older; (2) the names and addresses of each relative of the child who has responded to the agency's notice under Minnesota Statutes, section 260C.221, paragraph (g), indicating a willingness to provide an adoptive home for the child unless the relative has been previously ruled out by the court as a suitable foster parent or permanency resource for the child; (3) the name and address of the current foster or adopting parent of the child; (4) the name and address of any foster or adopting parents of siblings of the child; and (5) the name and address of an Indian child's tribe. (b) Progress towards Finalized Adoption. The report shall describe the agency's reasonable efforts to finalize the child's adoption as required in Minnesota Statutes, section 260C.605, including: (1) the steps taken to identify and place the child in a home that will timely commit to adopt the child, including: (i) the status of any relative search under Minnesota Statutes, section 260C.221; Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. JUVENILE COURT 228 MINNESOTA COURT RULES (ii) whether any relative of the child has expressed interest in adopting the child, and, if so, the agency's consideration of the relative according to the requirements of Minnesota Statutes, section 260C.212, subdivisions 2, paragraphs (a) and (b); (iii) the progress of any study required under Minnesota Statutes, section 260.851, the Interstate Compact on the Placement of Children; (iv) whether child-specific recruitment efforts are necessary and, if so, the nature and timing of those efforts; and (2) if the child is placed with a prospective adoptive home, expected dates for the following: 260C.611; paragraph (c); (i) completion of the adoption study required under Minnesota Statutes, section (ii) the execution of the adoption placement agreement; (iii) the required notice under Minnesota Statutes, section 260C.613, subdivision 1, (iv) the execution of an agreement regarding adoption assistance under Minnesota Statutes, chapter 259A, or Northstar Adoption Assistance under Minnesota Statutes, chapter 256N, including the specific reasons for any delay in executing the agreement; (v) the filing of the adoption petition; and (vi) the final hearing on the adoption petition. (c) Child Well-Being. In addition to reporting on the agency's efforts to finalize adoption, the report shall address the child's well-being, including: (1) how the child's placement is meeting the child's best interests; (2) the quality and frequency of visitation and contact between the child and siblings and, if applicable, relatives; (3) how the agency is meeting the child's medical, mental, and dental health needs; (4) how the agency is planning for the child's education pursuant to Minnesota Statutes, section 260C.607, subdivision 4, paragraph (a), clause (2); and (5) when the child is age 14 or older, progress in implementing each of the elements of the child's independent living plan required under Minnesota Statutes, section 260C.212, subdivision 1, paragraph (b), clause (12), while the agency continues to make reasonable efforts to finalize an adoption for the child. Subd. 3. Requested Findings and Orders. The agency may request findings pursuant to Minnesota Statutes, section 260C.607, that the agency is making reasonable efforts to finalize the adoption of the child as appropriate to the stage of the case and may request any order that will assist in achieving a finalized adoption for the child. Subd. 4. Adoption Placement Agreement. (a) Notice of Agreement. When the agency has a fully executed adoption placement agreement under Minnesota Statutes, section 260C.613, subdivision 1, the agency shall report to the court that the adoptive placement has been made and the adoption placement agreement regarding Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 229 JUVENILE COURT MINNESOTA COURT RULES the child is fully executed. The agency shall file and serve on the parties entitled to notice under Minnesota Statutes, section 260C.607, subdivision 2, a copy of the court report together with notice that there is a fully executed adoption placement agreement. The notice shall include a statement that if a relative or foster parent is requesting adoptive placement of the child, the relative or foster parent has 30 days after receiving the notice to file a motion for an order for adoption placement of the child under Minnesota Statutes, section 260C.607, subdivision 6. (b) Notice of Termination of Agreement. In the event an adoption placement agreement terminates, the agency shall report that the agreement and adoptive placement have terminated. The agency shall file and serve a copy of the report upon the parties entitled to notice under Minnesota Statutes, section 260C.607, subdivision 2, and shall send a copy of the report to the Commissioner of Human Services by U.S. mail. Subd. 5. Report upon Finalized Adoption. When the adoption of a child who is under the guardianship of the commissioner has been finalized, the agency shall file and serve a report stating: (a) the date the adoption was finalized; (b) the state and county where the adoption was finalized; and (c) the name of the judge who finalized the adoption.