Subdivision 1.General.
When a child continues in placement out of the home of the parent or guardian from whom the child was removed, no later than six months after the child's placement the court shall conduct a permanency progress hearing to review:
(1)the progress of the case, the parent's progress on the case plan or out-of-home placement plan, whichever is applicable;
(2)the agency's reasonable, or in the case of an Indian child, active efforts for reunification and its provision of services;
(3)the agency's reasonable efforts to finalize the permanent plan for the child under section260.012, paragraph (e), and to make a placement as required under section260C.212, subdivision 2, in a home that will commit to being the legally permanent family for the child in the event the child
Free access — add to your briefcase to read the full text and ask questions with AI
Subdivision 1.General.
When a child continues in placement out of the home of the parent or guardian from whom the child was removed, no later than six months after the child's placement the court shall conduct a permanency progress hearing to review:
(1) the progress of the case, the parent's progress on the case plan or out-of-home placement plan, whichever is applicable;
(2) the agency's reasonable, or in the case of an Indian child, active efforts for reunification and its provision of services;
(3) the agency's reasonable efforts to finalize the permanent plan for the child under section260.012, paragraph (e), and to make a placement as required under section260C.212, subdivision 2, in a home that will commit to being the legally permanent family for the child in the event the child cannot return home according to the timelines in this section; and
(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian family and to make a placement according to the placement preferences under United States Code, title 25, chapter 21, section 1915.
Subd. 2.Qualified residential treatment.
When a child is placed in a qualified residential treatment program setting as defined in section260C.007, subdivision 26d, the responsible social services agency must submit evidence to the court as specified in section260C.712.
Subd. 3.Notice.
The court shall ensure that notice of the hearing is sent to any relative who:
(1) responded to the agency's notice provided under section260C.221, indicating an interest in participating in planning for the child or being a permanency resource for the child and who has kept the court apprised of the relative's address; or
(2) asked to be notified of court proceedings regarding the child as is permitted in section260C.152, subdivision 5.
Subd. 4.Order.
(a) If the parent or guardian has maintained contact with the child and is complying with the court-ordered out-of-home placement plan, and if the child would benefit from reunification with the parent, the court may either:
(1) return the child home, if the conditions that led to the out-of-home placement have been sufficiently mitigated that it is safe and in the child's best interests to return home; or
(2) continue the matter up to a total of six additional months. If the child has not returned home by the end of the additional six months, the court must conduct a hearing according to sections260C.503to260C.521.
(b) If the court determines that the parent or guardian is not complying, is not making progress with or engaging with services in the out-of-home placement plan, or is not maintaining regular contact with the child as outlined in the visitation plan required as part of the out-of-home placement plan under section260C.212, the court may order the responsible social services agency:
(1) to develop a plan for legally permanent placement of the child away from the parent;
(2) to consider, identify, recruit, and support one or more permanency resources from the child's relatives and foster parent, consistent with paragraph (c) and section260C.212, subdivision 2, paragraph (a), to be the legally permanent home in the event the child cannot be returned to the parent. Any relative or the child's foster parent may ask the court to order the agency to consider them for permanent placement of the child in the event the child cannot be returned to the parent. A relative or foster parent who wants to be considered under this item shall cooperate with the background study required under section245C.08, if the individual has not already done so, and with the home study process required under chapter 142B for providing child foster care and for adoption under section259.41. The home study referred to in this item shall be a single-home study in the form required by the commissioner of children, youth, and families or similar study required by the individual's state of residence when the subject of the study is not a resident of Minnesota. The court may order the responsible social services agency to make a referral under the Interstate Compact on the Placement of Children when necessary to obtain a home study for an individual who wants to be considered for transfer of permanent legal and physical custody or adoption of the child; and
(3) to file a petition to support an order for the legally permanent placement plan.
(c) Consistent with section260C.223, subdivision 2, paragraph (b), the responsible social services agency must not define a foster family as the permanent home for a child until:
(1) inquiry and Tribal notice requirements under section260.761, subdivisions 1and 2, are satisfied;
(2) inquiry about the child's heritage, including the child's race, culture, and ethnicity pursuant to section260.63, subdivision 10, has been completed; and
(3) the court has determined that reasonable or active efforts toward completing the relative search requirements in section260C.221have been made.
Subd. 5.Requirements after hearing.
Following the review under this section:
(1) if the court has either returned the child home or continued the matter up to a total of six additional months, the agency shall continue to provide services to support the child's return home or to make reasonable efforts to achieve reunification of the child and the parent as ordered by the court under an approved case plan;
(2) if the court orders the agency to develop a plan for the transfer of permanent legal and physical custody of the child to a relative, a petition supporting the plan shall be filed in juvenile court within 30 days of the hearing required under this section and a trial on the petition held within 60 days of the filing of the pleadings; or
(3) if the court orders the agency to file a termination of parental rights, unless the county attorney can show cause why a termination of parental rights petition should not be filed, a petition for termination of parental rights shall be filed in juvenile court within 30 days of the hearing required under this section and a trial on the petition held within 60 days of the filing of the petition.