Minnesota Statutes 245C.34 – Adoption and Child Foster Care Background Studies; Tribal Organizations
Terms Used In Minnesota Statutes 245C.34
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
Subdivision 1.Background studies may be conducted by commissioner.
(a) Tribal organizations may contract with the commissioner under section 245C.12 to obtain background study data on individuals under tribal jurisdiction related to adoptions.
(b) Tribal organizations may contract with the commissioner under section 245C.12 to obtain background study data on individuals under tribal jurisdiction related to child foster care.
(c) Background studies initiated by tribal organizations under paragraphs (a) and (b) must be conducted as provided in subdivisions 2 and 3.
Subd. 2.Information and data provided to tribal organization.
The background study subject must provide the information specified in section 245C.05.
Subd. 3.Information and data provided to commissioner.
The tribal organization shall forward the data collected under subdivision 2 to the commissioner.
Subd. 4.Information commissioner reviews.
(a) The commissioner shall review the following information regarding the background study subject:
(1) the information under section 245C.08, subdivisions 1, 3, and 4;
(2) information from the child abuse and neglect registry for any state in which the subject has resided for the past five years; and
(3) information from national crime information databases, when required under section 245C.08.
(b) The commissioner shall provide any information collected under this subdivision to the tribal organization that initiated the background study. The commissioner shall indicate if the information collected shows that the subject of the background study has a conviction listed in United States Code, title 42, § 671(a)(20)(A).