Minnesota Statutes 317A.907 – Corporations to Secure or Maintain Homes for Dependent Children
Subdivision 1.Purposes.
A corporation may be formed for the following purposes:
Terms Used In Minnesota Statutes 317A.907
- children: includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
(1) securing homes for orphaned, homeless, abandoned, neglected, or mistreated children; or
(2) establishing and maintaining homes for those children.
Subd. 2.Certificate of trustworthiness.
When it files its articles with the secretary of state, the corporation shall file an accompanying certificate of the commissioner of human services declaring that the corporation has complied with applicable rules of the commissioner of human services governing the operation of child caring agencies or child caring institutions and is reputable and trustworthy.
Subd. 3.Comply with rules; open books to public inspection.
A corporation formed under subdivision 1 shall:
(1) comply with rules established by the commissioner of human services to govern its operation; and
(2) maintain the financial records of the corporation open to public inspection.
Subd. 4.Visitorial powers of court.
Upon its own motion, or upon application, a court of equity has visitorial powers over the corporation, its affairs and officers.
Subd. 5.Legal guardian.
If the commissioner of human services currently certifies that a corporation formed for the purpose set out in subdivision 1, clause (1), is a licensed child caring agency complying with the rules established by the commissioner of human services to govern its operation, the corporation has the power to become the guardian of a child in the manner prescribed for securing the guardianship of children in need of protection or services under chapter 260.
Subd. 6.Expense reimbursement.
An organization, association, or society licensed by the commissioner of human services may receive payment for expenses related to adoption services in an amount that fairly reflects the agency’s reasonable and necessary expenses of:
(1) adoptive counseling, whether or not legal adoption is completed;
(2) provision of services to children before adoptive placement;
(3) the supervision of children in the home until legal adoption is completed; or
(4) expenses of a birth parent authorized under section 259.55 if paid to the agency to forward to the birth parent.
Only that part of the expenses may be requested that the person seeking to adopt is financially able to meet. No person may be barred from receiving a child for adoption because of inability to pay part of the expenses referred to in this subdivision. In addition to other reports as may be required, a licensed agency shall file annually with the commissioner of human services a full accounting of expense reimbursement received under this subdivision, together with the record of the services given for which the reimbursement was made. If the person returns the child to the corporation, the person may not receive compensation for the care, clothing, or medical expenses of the child.
Subd. 7.Exemption of property from taxation.
A corporation formed for one or both of the purposes set out in subdivision 1 and personal and real property owned by it are exempt from taxation.