Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Child placement.
To ensure each child's placement in an adoptive home
preferably away from the child's area of prior residence, the State Adoption
Exchange shall be used by all authorized child-placing agencies in accordance
with procedures under Minnesota Statutes, section
259.75,
and the commissioner.
A. Each
authorized child-placing agency shall register the child on the exchange using
the registration form prescribed by the commissioner accompanied by a recent
photograph of the child.
B. An
authorized child-placing agency seeking to defer registration of the child
shall make a written request to the exchange for written approval. The request
for deferral must meet one of the conditions in subitems (1) to (6).
(1) The child is placed in an agency adoptive
home and legal adoption occurs within two years of placement. The agency's
report of the adoptive placement to the state agency shall constitute the basis
for deferral.
(2) The child's
foster home is being considered and meets the criteria of subpart
3. A deferral granted for
this reason may not exceed 90 days unless the placement status formally becomes
an adoptive placement.
(3) The
child's prospective adoptive home is being considered. A deferral granted for
this reason may not exceed 90 days unless an adoptive placement
occurs.
(4) The child is undergoing
diagnostic evaluation to aid the agency in adoptive planning. A deferral
granted for this reason may not exceed 90 days.
(5) The child is hospitalized and needs
continuing daily care which will not permit placement in a family setting. A
deferral granted for this reason may not exceed the length of
hospitalization.
(6) The child is
14 years of age or older and, after counseling with the agency on permanent
placement options, will not consent to an adoption plan. The agency shall then
assist the child in executing an affidavit to file with the exchange in which
the child states that decision and an awareness that the decision may be
changed at any time.
Subp.
2.
Special needs.
The local authorized child-placing agency shall, without
undue delay, seek an adoptive home which will meet the child's special needs
according to Minnesota Statutes, section
259.29.
A. The placing agency shall follow the order
of placement preference and exception guidelines under Minnesota Statutes,
section
259.29.
B. The adoptive placement of an Indian child
who comes under the Indian Child Welfare Act of 1978, United States Code, title
25, sections 19 et seq., as amended through December 31, 1982, must follow the
order of preference as determined by the child's tribe.
C. The placing agency shall document in its
record any recruitment efforts it made and any requests or decisions made by
the child's parent, the tribe, court, or agency which affects the order of
placement preference.
Subp.
3.
Recruitment.
As required in Minnesota Statutes, section
259.77, an
agency shall make special efforts to recruit adoptive families from among the
child's relatives, if feasible, and shall provide for the diligent recruitment
of potential foster and adoptive families that reflect the ethnic and racial
diversity of children in the state for whom foster and adoptive homes are
needed. The agency may work with various community and religious organizations,
as well as the media, and may accept offers of service and monetary
contributions to successfully recruit families for adoption.
Statutory Authority: MS s
14.388;
245A.09;
257.05;
257.175;
259.53;
259.67;
259.75;
259.87
