A few weeks ago, we updated you on the new Adoption Assistance legislation that will go into effect in August 2012. Today we will summarize some of the other child welfare legislation that was enacted in the same legislative session.
We will cover adoption policies in this post and in an upcoming post we will summarize foster care policies.
Previously most of the adoption rules and regulations were housed under Chapter 259. The rules and regulations pertaining to children under the guardianship of the commissioner (also referred to as state wards) will now be moved to Chapter 260C. This move means adoption is now included as part of the overall continuum for children in public child welfare. Guidelines for children who are NOT under the guardianship of the commissioner will continue to be in Chapter 259.
Some of the highlights and changes to the adoption of children under the guardianship of the commissioner are:
- The new legislation reiterates and reorganizes language around “reasonable efforts” to finalize an adoptive placement, emphasizing concurrent permanency planning.
- There is added emphasis that children under the guardianship of the commissioner may not refuse or waive “reasonable efforts” to recruit, identify or place said child into an adoptive home. This does not change the consent needed by any youth 14 or older to the adoption of a specific parent – this only means that children/youth may not refuse efforts on behalf of the agency to find them an adoptive placement. Youth ages 14+ still need to consent to a specific adoptive placement.
- Relatives or foster parents who want to file a motion to adopt once a chlid has been placed with another family for adoption has 30 days after receiving the required notice of the adoptive placement to file. The relatives or foster family must have an approved adoption home study and prove that the agency has been unreasonable in responding to their request to adopt.
- Previously, the home study requirement could be waived for a relative. The relative waiver is no longer an option. All relatives who wish to adopt a child under the guardianship of the commissioner must now have an approved home study.
- The court is no longer able to order a child that is under guardianship of the commissioner into long-term foster care.
- Previously, the commissioner was required to consent to the adoption. Under the new policy the commissioner is a signatory to an adoption placement agreement but is no longer required to give consent.
- Previously, all requests to separate siblings for adoption had to be approved by consent from the commissioner. Under the new policy, the courts will now provide approval for separating siblings for adoption.
- There will no longer be any exemptions to the requirement that the identified adoptive parent must have a fully executed adoption placement agreement in order to file an adoption petition.
- The adoptive parent petitioner must be a minimum of 21 years of age, unless the adoptive parent is related to the child.
- Previously, the court had to waive a requirement that an adoptive parent had to reside in the state of Minnesota of one year prior to filing the adoption petition. With the new legislation, the Minnesota residence has been eliminated.
- The new law requires a petition for adoption to be filed no later than 9 months after the date of the adoption placement agreement. Previously, the filing requirement was 12 months.
- If a married couple petitions to adopt, both spouses must sign their willingness to adopt. Exceptions may be made by the court in cases when spouses do not live together or for other reasons the court deems reasonable.
- The child placing agency must provide testimony in support of the adoption petition during the finalization of the adoption in court. The testimony may be in person, by telephone, or by affidavit.
- The requirement that a child live at least three months with their pre-adoptive parent prior to the court’s order of an adoption decree has been eliminated.
For a more in-depth review, please read the full bulletin.