§ 260C.223 — Concurrent Permanency Planning
Plain-Language Summary
This section requires the state to run a concurrent permanency planning program for children placed out of their home by court order, or voluntarily placed by parents for 60 days or more. Under this approach, the social services agency develops a backup permanency plan (such as a permanent foster family) at the same time it makes reasonable efforts to reunify the child with the parents. The goals are to achieve early permanency, shorten time in foster care and reduce the number of placement moves, and find foster parents willing both to support reunification and to serve as a permanent family if reunification fails. A foster family cannot become the permanent home until tribal notice, heritage inquiry, and relative search requirements are met. These requirements apply only in fiscal years when funding is provided.
260C.223 CONCURRENT PERMANENCY PLANNING.
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Subdivision 1.Program; goals.
(a) The commissioner of children, youth, and families shall establish a program for concurrent permanency planning for child protection services.
(b) Concurrent permanency planning involves a planning process for children who are placed out of the home of their parents pursuant to a court order, or who have been voluntarily placed out of the home by the parents for 60 days or more and who are not developmentally disabled or emotionally disabled under section 260C.212, subdivision 9. The responsible social services agency shall develop an alternative permanency plan while making reasonable efforts for reunification of the child with the family, if required by section 260.012. The goals of concurrent permanency planning are to:
(1) achieve early permanency for children;
(2) decrease children’s length of stay in foster care and reduce the number of moves children experience in foster care; and
(3) establish a foster parent for a child who will work toward reunification and also serve as a permanent family for children. §
Subd. 2.Development of guidelines and protocols.
(a) The commissioner shall establish guidelines and protocols for social services agencies involved in concurrent permanency planning, including criteria for conducting concurrent permanency planning based on relevant factors such as:
(1) age of the child and duration of out-of-home placement;
(2) prognosis for successful reunification with parents;
(3) availability of relatives and other concerned individuals to provide support or a permanent placement for the child; and
(4) special needs of the child and other factors affecting the child’s best interests.
(b) In developing the guidelines and protocols, the commissioner shall consult with interest groups within the child protection system, including child protection workers, child protection advocates, county attorneys, law enforcement, community service organizations, the councils of color, and the ombudsperson for families.
(c) The responsible social services agency must not make a foster family the permanent home for a child until:
(1) inquiry and Tribal notice requirements under section 260.761, subdivisions 1 and 2, are satisfied;
(2) inquiry about the child’s heritage, including the child’s race, culture, and ethnicity pursuant to section 260.63, subdivision 10, has been completed; and
(3) the court has determined that reasonable or active efforts toward completing the relative search requirements in section 260C.221 have been made. §
Subd. 3.Parental involvement and disclosure.
Concurrent permanency planning programs must include involvement of parents and full disclosure of their rights and responsibilities; goals of concurrent permanency planning; support services that are available for families; permanency options; and the consequences of not complying with case plans. §
Subd. 4.Technical assistance.
The commissioner of children, youth, and families shall provide ongoing technical assistance, support, and training for responsible social services agencies and other individuals and agencies involved in concurrent permanency planning. §
Subd. 5.Availability of funding.
The requirements of this section relating to concurrent permanency planning are effective only for state fiscal years when aid is distributed for concurrent permanency planning.
History:
1999 c 139 art 3 s 27; 2000 c 260 s 41; 2001 c 178 art 1 s 44; 1Sp2003 c 14 art 11 s 11; 2005 c 56 s 1; 2012 c 216 art 6 s 13; 2024 c 80 art 8 s 70; 1Sp2025 c 3 art 10 s 25,26
**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: 1999 c 139 art 3 s 27; 2000 c 260 s 41; 2001 c 178 art 1 s 44; 1Sp2003 c 14 art 11 s 11; 2005 c 56 s 1; 2012 c 216 art 6 s 13; 2024 c 80 art 8 s 70; 1Sp2025 c 3 art 10 s 25,26