Minnesota Administrative Rules
Agency 196 - Human Services Department
Chapter 9560 - SOCIAL SERVICES FOR CHILDREN
FOSTER CARE FOR CHILDREN
Part 9560.0615 - CRITERIA FOR RETURN OF CHILD TO HOME
Universal Citation: MN Rules 9560.0615
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Return or release of non-Indian child.
A. For a child removed from the home of a
parent or guardian and placed in foster care pursuant to court order, the local
agency must seek a court order to end its custody and return the child to the
parent or guardian under the following circumstances:
(1) if the child was removed because of an
emergency as described in part
9560.0221, subpart
2, item A, and the conditions
that resulted in the need for foster care have been corrected sufficiently to
ensure the child's safety with the parent or guardian; or
(2) if the child was removed because of a
nonemergency situation as described in part
9560.0221, subpart
2, item B, and the conditions
that led to the out-of-home placement have been mitigated.
B. For a child in foster care pursuant to a
voluntary placement agreement, the local agency must return the child to the
parent or guardian as soon as possible and no later than 24 hours after receipt
of a written and dated request from the parent or guardian unless, because of
child protection concerns, the local agency secures legal authority to continue
placement outside the home of the parent or guardian.
C. A local agency may seek a court order to
end its custody of a child so that the child can be released into the care of a
relative if the child could be safely maintained in the relative's home without
formal legal authority and the relative is willing to care for the child
without formal legal authority. Before releasing the child into the relative's
care, the local agency must give the relative information orally and in writing
about the rights and responsibilities of a relative and child in various formal
and informal relationships.
Subp. 2. Return of Indian child.
A. An Indian child in foster care who was
removed because of an emergency must be returned to the parent or custodian
when the placement is no longer necessary to prevent imminent physical damage
or harm.
B. An Indian child who was
removed because of a nonemergency circumstance must be returned to the parent
or custodian when the agency determines that restoring custody to the parent or
custodian is not likely to result in serious emotional or physical harm to the
child.
C. An Indian child in
voluntary placement must be returned to the parent or custodian as soon as
possible and no later than 24 hours after the agency receives a written and
dated statement complying with the requirements of Minnesota Statutes, section
260.755, subdivision
5.
Statutory Authority: MS s 257.071; 257.072; 260C.212; 260C.215
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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