Subd. 1. Child Not under Guardianship of Commissioner of Human Services. An adoption petition shall be filed not later than twelve (12) months after a child is placed in a prospective adoptive home. If a petition is not filed by that time, the agency that placed the child or, in a direct placement adoption, the agency that is supervising the placement, shall file with the court in the county where the prospective adoptive parent resides, a motion for an order and a report recommending one of the following:
(a) that the time for filing a petition be extended because of the child's special needs as specified under Minnesota Statutes § 259.22, subd. 4;(b) that, based on a written plan for completing filing of the petition, including a specific timeline, to which the prospective adoptive parents have agreed, the time for filing a petition be extended long enough to complete the plan because such an extension is in the best interests of the child and additional time is needed for the child to adjust to the adoptive home; or(c) that the child be removed from the prospective adoptive home. Subd. 2. Child Under Guardianship of Commissioner of Human Services.
(a)Petition Filed Within Nine (9) Months of Adoption Placement Agreement. An adoption petition shall be filed not later than nine (9) months after the date of the fully executed adoption placement agreement unless the court orders that: (1) the time for filing a petition be extended because of the child's special needs as defined under title IV-E of the federal Social Security Act, 42 U.S.C. § 672; or(2) based on a written plan for completing filing of the petition, including a specific timeline, to which the adopting parent has agreed, the time for filing a petition be extended long enough to complete the plan because an extension is in the best interests of the child and additional time is needed for the child to adjust to the adoptive home.(b)Petition Not Filed Within Nine (9) Months of Adoption Placement Agreement If an adoption petition is not filed within nine (9) months of the execution of the adoption placement agreement, and after giving the adopting parent written notice of its request together with the date and time of the hearing set to consider its report, the responsible social services agency shall file a report requesting an order for one of the following: (1) extending the time for filing a petition because of the child's special needs as defined under title IV-E of the federal Social Security Act, 42 U.S.C. § 673;(2) based on a written plan for completing filing of the petition, including a specific timeline, to which the adopting parent has agreed, extending the time for filing a petition long enough to complete the plan because an extension is in the best interests of the child and additional time is needed for the child to adjust to the adoptive home; or(3) removing the child from the adopting home. At the conclusion of the review, the court shall issue findings and appropriate orders for the parties to take action or steps required to advance the case toward a finalized adoption, and shall set the date and time for the next review hearing.
Subd. 3. Exceptions - Stepparent and Relative Adoptions. The timing specified in subdivision 1 does not apply to stepparent adoptions or adoptions under Minnesota Statutes § 259.47 by an individual related to the child not involving a placement as defined in Rule 2.01(19).