Subdivision 1.Background study requirements.
(a)Before placement of a child for purposes of adoption, the commissioner shall conduct a background study on individuals listed in sections259.41, subdivision 3, and260C.611, for county agencies and private agencies licensed to place children for adoption. When a prospective adoptive parent is seeking to adopt a child who is currently placed in the prospective adoptive parent's home and is under the guardianship of the commissioner according to section260C.325, subdivision 1, paragraph (b), and the prospective adoptive parent holds a child foster care license, a new background study is not required when:
(1)a background study was completed on persons required to be studied under section245C.03in connection with the application for child fost
Free access — add to your briefcase to read the full text and ask questions with AI
Subdivision 1.Background study requirements.
(a) Before placement of a child for purposes of adoption, the commissioner shall conduct a background study on individuals listed in sections259.41, subdivision 3, and260C.611, for county agencies and private agencies licensed to place children for adoption. When a prospective adoptive parent is seeking to adopt a child who is currently placed in the prospective adoptive parent's home and is under the guardianship of the commissioner according to section260C.325, subdivision 1, paragraph (b), and the prospective adoptive parent holds a child foster care license, a new background study is not required when:
(1) a background study was completed on persons required to be studied under section245C.03in connection with the application for child foster care licensure after July 1, 2007;
(2) the background study included a review of the information in section245C.08, subdivisions 1, 3, and 4; and
(3) as a result of the background study, the individual was either not disqualified or, if disqualified, the disqualification was set aside under section245C.22, or a variance was issued under section245C.30.
(b) Before the kinship placement agreement is signed for the purpose of transferring permanent legal and physical custody to a relative under sections260C.503to260C.515, the commissioner shall conduct a background study on each person age 13 or older living in the home. When a prospective relative custodian has a child foster care license, a new background study is not required when:
(1) a background study was completed on persons required to be studied under section245C.03in connection with the application for child foster care licensure after July 1, 2007;
(2) the background study included a review of the information in section245C.08, subdivisions 1, 3, and 4; and
(3) as a result of the background study, the individual was either not disqualified or, if disqualified, the disqualification was set aside under section245C.22, or a variance was issued under section245C.30. The commissioner and the county agency shall expedite any request for a set-aside or variance for a background study required under sections142A.60to142A.612.
Subd. 2.Information and data provided to county or private agency.
The subject of the background study shall provide the information specified in section245C.05.
Subd. 3.Information and data provided to commissioner.
The county or private agency shall forward the data collected under subdivision 2 to the commissioner.
Subd. 4.Information commissioner reviews.
(a) The commissioner shall review the following information regarding the background study subject:
(1) the information under section245C.08, subdivisions 1, 3, and 4;
(2) information from the child abuse and neglect registry for any state in which the subject has resided for the past five years; and
(3) information from national crime information databases, when required under section245C.08.
(b) The commissioner shall provide any information collected under this subdivision to the county or private agency that initiated the background study. The commissioner shall also provide the agency with a notice whether the information collected shows that the subject of the background study has a conviction listed in United States Code, title 42, section 671(a)(20)(A).