Minnesota Statutes 260C.229 – Voluntary Foster Care for Children Over Age 18; Required Court Review
(a) When a child asks to continue or to reenter foster care after age 18 under section 260C.451, the child and the responsible social services agency may enter into a voluntary agreement for the child to be in foster care under the terms of section 260C.451. The voluntary agreement must be in writing and on a form prescribed by the commissioner.
Terms Used In Minnesota Statutes 260C.229
- Agency: means the responsible social services agency or a licensed child-placing agency. See Minnesota Statutes 260C.007
- Child: means an individual under 18 years of age. See Minnesota Statutes 260C.007
- Court: means juvenile court unless otherwise specified in this section. See Minnesota Statutes 260C.007
- Foster care: means 24-hour substitute care for a child for whom a responsible social services agency has placement and care responsibility and:
(1) who is placed away from the child's parent or guardian in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities not excluded in this subdivision, child care institutions, and preadoptive homes;
(2) who is colocated with the child's parent or guardian in a licensed residential family-based substance use disorder treatment program as defined in subdivision 22a; or
(3) who is returned to the care of the child's parent or guardian from whom the child was removed under a trial home visit pursuant to section 260C. See Minnesota Statutes 260C.007
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(b) When the child is in foster care pursuant to a voluntary foster care agreement between the agency and the child, and the child is not already under court jurisdiction pursuant to section 260C.193, subdivision 6, the agency responsible for the child’s placement in foster care shall:
(1) file a motion to reopen the juvenile protection matter where the court previously had jurisdiction over the child within 30 days of the child and the agency executing the voluntary placement agreement under paragraph (a) and ask the court to review the child’s placement in foster care and find that the placement is in the best interests of the child; and
(2) file the out-of-home placement plan required under subdivision 1 with the motion to reopen jurisdiction.
(c) The court shall conduct a hearing on the matter within 30 days of the agency’s motion to reopen the matter and, if the court finds that placement is in the best interests of the child, shall conduct the review for the purpose and with the content required under section 260C.203 at least every 12 months as long as the child continues in foster care.