As amended through October 28, 2024
Rule 27.07 - Social Services Court Report - Child Under State GuardianshipSubd.1. Timing. When a hearing is required under Minn. Stat. § 260C.607 to review the progress of the matter towards finalized adoption and the child's well-being, in addition to the requirements of Rules 27.01 and 27.02, and as appropriate to the stage of the matter, the agency shall file and serve a report addressing the elements of Minn. Stat. § 260C.607, subd. 4. Subd. 2. Content.(a)Information for Notice of Hearing. In a document attached to the report, filed as a confidential document under Rule 8.04, subd. 2(o), the agency shall include the following information required for the court to provide notice of the hearing: (1) the child's current address, if the child is age 10 and older;(2) the names and addresses of each relative of the child who has responded to the agency's notice under Minn. Stat. § 260C.221(g) indicating a willingness to provide an adoptive home for the child unless the relative has been previously ruled out by the court as a suitable foster parent or permanency resource for the child;(3) the name and address of the current foster or adopting parent of the child;(4) the name and address of any foster or adopting parents of siblings of the child; and(5) the name and address of an Indian child's tribe.(b)Progress towards Finalized Adoption. The report shall describe the agency's reasonable efforts to finalize the child's adoption as required in Minn. Stat. § 260C.605, including:(1) the steps taken to identify and place the child in a home that will timely commit to adopt the child, including: (i) the status of any relative search under Minn. Stat. § 260C.221;(ii) whether any relative of the child has expressed interest in adopting the child, and, if so, the agency's consideration of the relative according to the requirements of Minn. Stat. § 260C.212, subd. 2(a) and (b);(iii) the progress of any study required under Minn. Stat. § 260.851, the Interstate Compact on the Placement of Children;(iv) whether child-specific recruitment efforts are necessary and, if so, the nature and timing of those efforts; and(2) if the child is placed with a prospective adoptive home, expected dates for the following: (i) completion of the adoption study required under Minn. Stat. § 260C.611;(ii) the execution of the adoption placement agreement;(iii) the required notice under Minn. Stat. § 260C.613, subd. 1(c);(iv) the execution of an agreement regarding adoption assistance under Minn. Stat. ch. 259A or Northstar Adoption Assistance under Minn. Stat. ch. 256N, including the specific reasons for any delay in executing the agreement; and(v) the filing of the adoption petition;(vi) the final hearing on the adoption petition.(c)Child Well-Being. In addition to reporting on the agency's efforts to finalize adoption, the report shall address the child's well-being, including: (1) how the child's placement is meeting the child's best interests;(2) the quality and frequency of visitation and contact between the child and siblings and, if applicable, relatives;(3) how the agency is meeting the child's medical, mental, and dental health needs;(4) how the agency is planning for the child's education pursuant to Minn. Stat. § 260C.607, subd. 4(a)(2); and(5) when the child is age 14 or older, progress in implementing each of the elements of the child's independent living plan required under Minn. Stat. § 260C.212, subd. 1(b)(12), while the agency continues to make reasonable efforts to finalize an adoption for the child. Subd. 3. Requested Findings and Orders. The agency may request findings pursuant to Minn. Stat. § 260C.607 that the agency is making reasonable efforts to finalize the adoption of the child as appropriate to the stage of the case and may request any order that will assist in achieving a finalized adoption for the child.Subd. 4. Adoption Placement Agreement.(a)Notice of Agreement. When the agency has a fully executed adoption placement agreement under Minn. Stat. § 260C.613, subd. 1, the agency shall report to the court that the adoptive placement has been made and the adoption placement agreement regarding the child is fully executed. The agency shall file and serve on the parties entitled to notice under Minn. Stat. § 260C.607, subd. 2, a copy of the court report together with notice that there is a fully executed adoption placement agreement. The notice shall include a statement that if a relative or foster parent is requesting adoptive placement of the child, the relative or foster parent has 30 days after receiving the notice to file a motion for an order for adoption placement of the child under Minn. Stat. § 260C.607, subd. 6.(b)Notice of Termination of Agreement. In the event an adoption placement agreement terminates, the agency shall report that the agreement and adoptive placement have terminated. The agency shall file and serve a copy of the report upon the parties entitled to notice under Minn. Stat. § 260C.607, subd. 2, and shall send a copy of the report to the Commissioner of Human Services by U.S. mail. Subd. 5. Report upon Finalized Adoption. When the adoption of a child who is under the guardianship of the commissioner has been finalized, the agency shall file and serve a report stating:(a) the date the adoption was finalized;(b) the state and county where the adoption was finalized; and(c) the name of the judge who finalized the adoption.Minn. Juve. Prot. P. 27.07