§ 260C.601 — Adoption of Children Under Guardianship of Commissioner
Plain-Language Summary
This section opens the rules for adopting children who are under the guardianship of the commissioner, and explains that sections 260C.601 to 260C.635 set the requirements for court review of those children and the procedures for finalizing their adoptions in a timely way (adoptions of children not under the commissioner's guardianship are handled under chapter 259 instead). It gives the responsible social services agency the duty to act as the commissioner's agent in making reasonable efforts to finalize these adoptions, including ensuring the child's best interests are served, involving the child appropriately, respecting Minnesota's cultural, religious, and language diversity, and giving the court timely information. It also requires a completed background study before the child is placed for adoption in a related or unrelated home.
260C.601 ADOPTION OF CHILDREN UNDER GUARDIANSHIP OF COMMISSIONER.
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Subdivision 1.Review and finalization requirements; adoption procedures.
(a) Sections 260C.601 to 260C.635 establish:
(1) the requirements for court review of children under the guardianship of the commissioner; and
(2) procedures for timely finalizing adoptions in the best interests of children under the guardianship of the commissioner.
(b) Adoption proceedings for children not under the guardianship of the commissioner are governed by chapter 259. §
Subd. 2.Duty of responsible agency.
The responsible social services agency has the duty to act as the commissioner’s agent in making reasonable efforts to finalize the adoption of all children under the guardianship of the commissioner pursuant to section 260C.325. In implementing these duties, the agency shall ensure that:
(1) the best interests of the child are met in the planning and granting of adoptions;
(2) a child under the guardianship of the commissioner is appropriately involved in planning for adoption;
(3) the diversity of Minnesota’s population and diverse needs including culture, religion, and language of persons affected by adoption are recognized and respected; and
(4) the court has the timely information it needs to make a decision that is in the best interests of the child in reviewing the agency’s planning for adoption and when ordering the adoption of the child. §
Subd. 3.Background study.
Consistent with section 245C.33 and United States Code, title 42, section 671, a completed background study is required before the adoptive placement of the child in a related or an unrelated home.
History:
**NOTE: **A transfer of a power or responsibility in this chapter to the Department of Children, Youth, and Families is effective upon notice of the commissioner of children, youth, and families to the commissioners of administration, management and budget, and other relevant departments along with the secretary of the senate, the chief clerk of the house of representatives, and the chairs and ranking minority members of the relevant legislative committees and divisions. Laws 2024, chapter 80, article 8, section 72, Laws 2023, chapter 70, article 12, section 30.
History: History: 2012 c 216 art 1 s 26