Subdivision 1.Issuance.

The court must issue an order awarding a guardianship for the purposes identified in section 257D.02 if the court finds that:

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(1) the proposed guardian is capable and reputable;

(2) the guardianship is in the best interests of the at-risk juvenile;

(3) both the petitioner and the proposed guardian agree to the establishment of a guardianship under this chapter;

(4) reunification of the at-risk juvenile with one or both parents is not viable because of abandonment, abuse, neglect, or a similar basis that has an effect on the at-risk juvenile comparable to abandonment, abuse, or neglect under Minnesota law; and

(5) it is not in the best interests of the at-risk juvenile to be returned to the previous country of nationality or last habitual residence of the juvenile or the juvenile’s parent or parents.

Subd. 2.Contents of the order.

(a) The order must, where the identity is known, specifically identify the parent or parents whom the court finds have abused, abandoned, or neglected the at-risk juvenile.

(b) The order must contain the following three judicial determinations, each supported by relevant state statutory citations and written findings of fact:

(1) the at-risk juvenile is dependent on the juvenile court, and has been placed under the custody of an individual appointed by the juvenile court, through the appointment of a guardian, for the purposes of this chapter;

(2) reunification of the at-risk juvenile with one or both parents is not viable because of abandonment, abuse, or neglect or a similar basis that has an effect on the at-risk juvenile comparable to abandonment, abuse, or neglect under Minnesota law; and

(3) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile’s or at-risk juvenile’s parent’s country of nationality or last habitual residence.