Bill Text: MN HF2028 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Adoption preferences clarified.
Sponsorship: Partisan Bill (Democrat 5)
Status: (Introduced - Dead) 2014-02-25 - Introduction and first reading, referred to Early Childhood and Youth Development Policy [HF2028 Detail]
Download: Minnesota-2013-HF2028-Introduced.html
1.2relating to children; clarifying adoption preferences; amending Minnesota
1.3Statutes 2012, section 259.57, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 259.57, subdivision 2, is amended to read:
1.6 Subd. 2. Protection of child's best interests. (a) The policy of the state of
1.7Minnesota is to ensure that the best interests of children are met by requiring an
1.8individualized determination of the needs of the child and how the adoptive placement
1.9will serve the needs of the child.
1.10 (b) Among the factors the court shall consider in determining the needs of the child
1.11are those specified under section260C.193, subdivision 3 , paragraph (b). Consistent with
1.12section245C.33 and Public Law 109-248, a complete background study is required before
1.13the approval of an adoptive placement in a home.
1.14 (c) In reviewing adoptive placement and in determining appropriate adoption,
1.15the court shallconsider placement, consistent with the child's best interests and in the
1.16following order, give preference, in the absence of good cause to the contrary, to placing
1.17the child with(1) a relative or relatives of the child, or (2). If the court finds placement
1.18with a relative would be detrimental to the child or a relative is not available, then the
1.19court shall consider placement with an important friend with whom the child has resided
1.20or had significant contact. Placement of a child cannot be delayed or denied based on race,
1.21color, or national origin of the adoptive parent or the child. Whenever possible, siblings
1.22should be placed together unless it is determined not to be in the best interests of a sibling.
2.1 (d) If the child's birth parent or parents explicitly request that relatives and important
2.2friends not be considered, the court shall honor that request consistent with the best
2.3interests of the child.
2.4 If the child's birth parent or parents express a preference for placing the child in an
2.5adoptive home of the same or a similar religious background to that of the birth parent
2.6or parents, the court shall place the child with a family that also meets the birth parent's
2.7religious preference. Only if no family is available as described in paragraph (a) or (b)
2.8may the court give preference to a family described in paragraph (c) that meets the
2.9parent's religious preference.
2.10 (e) This subdivision does not affect the Indian Child Welfare Act, United States
2.11Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
2.12Act, sections260.751 to
260.835 .
1.3Statutes 2012, section 259.57, subdivision 2.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 259.57, subdivision 2, is amended to read:
1.6 Subd. 2. Protection of child's best interests. (a) The policy of the state of
1.7Minnesota is to ensure that the best interests of children are met by requiring an
1.8individualized determination of the needs of the child and how the adoptive placement
1.9will serve the needs of the child.
1.10 (b) Among the factors the court shall consider in determining the needs of the child
1.11are those specified under section
1.12section
1.13the approval of an adoptive placement in a home.
1.14 (c) In reviewing adoptive placement and in determining appropriate adoption,
1.15the court shall
1.16
1.17the child with
1.18with a relative would be detrimental to the child or a relative is not available, then the
1.19court shall consider placement with an important friend with whom the child has resided
1.20or had significant contact. Placement of a child cannot be delayed or denied based on race,
1.21color, or national origin of the adoptive parent or the child. Whenever possible, siblings
1.22should be placed together unless it is determined not to be in the best interests of a sibling.
2.1 (d) If the child's birth parent or parents explicitly request that relatives and important
2.2friends not be considered, the court shall honor that request consistent with the best
2.3interests of the child.
2.4 If the child's birth parent or parents express a preference for placing the child in an
2.5adoptive home of the same or a similar religious background to that of the birth parent
2.6or parents, the court shall place the child with a family that also meets the birth parent's
2.7religious preference. Only if no family is available as described in paragraph (a) or (b)
2.8may the court give preference to a family described in paragraph (c) that meets the
2.9parent's religious preference.
2.10 (e) This subdivision does not affect the Indian Child Welfare Act, United States
2.11Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
2.12Act, sections
