(a) When the responsible social services agency places a child in a qualified residential treatment program as defined in section 260C.007, subdivision 26d, the out-of-home placement plan must include:

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Terms Used In Minnesota Statutes 260C.708

  • Agency: means the responsible social services agency or a licensed child-placing agency. See Minnesota Statutes 260C.007
  • Case plan: means any plan for the delivery of services to a child and parent or guardian, or, when reunification is not required, the child alone, that is developed according to the requirements of section 245. 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Family and permanency team: means a team consisting of the child's parent or legal custodian, relatives, foster care providers, and professionals who are resources to the child's family such as teachers, medical or mental health providers who have treated the child, or clergy, as appropriate. See Minnesota Statutes 260C.007
  • 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.
  • Parent: means a person who has a legal parent and child relationship with a child which confers or imposes on the person legal rights, privileges, duties, and obligations consistent with sections 257. See Minnesota Statutes 260C.007
  • Qualified individual: means a trained culturally competent professional or licensed clinician, including a mental health professional under section 245. See Minnesota Statutes 260C.007
  • Qualified residential treatment program: means a children's residential treatment program licensed under chapter 245A or licensed or approved by a tribe that is approved to receive foster care maintenance payments under section 256. See Minnesota Statutes 260C.007
  • Responsible social services agency: means the county social services agency that has responsibility for public child welfare and child protection services and includes the provision of adoption services as an agent of the commissioner of human services. See Minnesota Statutes 260C.007

(1) the case plan requirements in section 260C.212;

(2) the reasonable and good faith efforts of the responsible social services agency to identify and include all of the individuals required to be on the child’s family and permanency team under section 260C.007;

(3) all contact information for members of the child’s family and permanency team and for other relatives who are not part of the family and permanency team;

(4) evidence that the agency scheduled meetings of the family and permanency team, including meetings relating to the assessment required under section 260C.704, at a time and place convenient for the family;

(5) evidence that the family and permanency team is involved in the assessment required under section 260C.704 to determine the appropriateness of the child’s placement in a qualified residential treatment program;

(6) the family and permanency team’s placement preferences for the child in the assessment required under section 260C.704. When making a decision about the child’s placement preferences, the family and permanency team must recognize:

(i) that the agency should place a child with the child’s siblings unless a court finds that placing a child with the child’s siblings is not possible due to a child’s specialized placement needs or is otherwise contrary to the child’s best interests; and

(ii) that the agency should place an Indian child according to the requirements of the Indian Child Welfare Act, the Minnesota Family Preservation Act under sections 260.751 to 260.835, and section 260C.193, subdivision 3, paragraph (g);

(7) when reunification of the child with the child’s parent or legal guardian is the agency’s goal, evidence demonstrating that the parent or legal guardian provided input about the members of the family and permanency team under section 260C.706;

(8) when the agency’s permanency goal is to reunify the child with the child’s parent or legal guardian, the out-of-home placement plan must identify services and supports that maintain the parent-child relationship and the parent’s legal authority, decision-making, and responsibility for ongoing planning for the child. In addition, the agency must assist the parent with visiting and contacting the child;

(9) when the agency’s permanency goal is to transfer permanent legal and physical custody of the child to a proposed guardian or to finalize the child’s adoption, the case plan must document the agency’s steps to transfer permanent legal and physical custody of the child or finalize adoption, as required in section 260C.212, subdivision 1, paragraph (c), clauses (6) and (7); and

(10) the qualified individual‘s recommendation regarding the child’s placement in a qualified residential treatment program and the court approval or disapproval of the placement as required in section 260C.71.

(b) If the placement preferences of the family and permanency team, child, and tribe, if applicable, are not consistent with the placement setting that the qualified individual recommends, the case plan must include the reasons why the qualified individual did not recommend following the preferences of the family and permanency team, child, and the tribe.

(c) The agency must file the out-of-home placement plan with the court as part of the 60-day court order under section 260C.71.