Minnesota Statutes Public Welfare and Related Activities (Ch. 245-267) § 260.771. Involuntary child placement proceedings

Subdivision 1. Renumbered 260.763, subd. 1.

Subd. 1a. Active efforts. In any child placement proceeding, the child-placing agency or petitioner shall ensure that appropriate active efforts as described insection 260.762are provided to the Indian child's parent or parents, Indian custodian, and family to support reunification and preservation of the Indian child's placement with and relationship to the Indian child's extended family.

Subd. 1b. Placement preference. In any child placement proceeding, the child-placing agency or petitioner shall follow the placement preferences described insection 260.773or, where preferred placement is not available even with the provision of active efforts, shall followsection 260.773, subdivisions 12to15.

Subd. 1c. Identification of extended family members. Any child-placing agency or petitioner considering placement of an Indian child shall ensure active efforts are made to identify and locate siblings and extended family members and to explore placement with extended family members and ensure the Indian child's relationship with the Indian child's extended family and Tribe.

Subd. 1d. Notice of hearings. The notice provisions insection 260.761apply to all involuntary child placement proceedings under this section. An Indian child ten years of age and older, the Indian child's parent or parents, the Indian custodian, and the Indian child's Tribe shall have notice of the right to participate in all hearings regarding the Indian child.

Subd. 2. Court determination of Tribal affiliation of child. In any child placement proceeding, the court shall establish whether an Indian child is involved and the identity of the Indian child's Tribe.Sections 260.751to260.835and the federal Indian Child Welfare Act are applicable without exception in any child placement proceeding involving an Indian child.Sections 260.751to260.835apply to child placement proceedings involving an Indian child whether the child is in the physical or legal custody of an Indian parent or parents, Indian custodian, Indian extended family member, or other person at the commencement of the proceedings. A court shall not determine the applicability ofsections 260.751to260.835or the federal Indian Child Welfare Act to a child placement proceeding based upon whether an Indian child is part of an existing Indian family or based upon the level of contact a child has with the child's Indian Tribe, reservation, society, or off-reservation community.

Subd. 2a. Right of intervention. In any state court child placement proceeding of an Indian child, the Indian child's Tribe, parent or parents, and Indian custodian shall have the right to intervene at any point in the proceeding.

Subd. 2c. Examination of reports or other documents. Each party to a proceeding under this section involving an Indian child shall have the right to examine all the reports or other documents filed with the court upon which any decision with respect to the action may be based.

Subd. 2d. Tribal access to files and other documents. At any subsequent stage of the child-placing agency or petitioner's involvement with an Indian child, the child-placing agency or petitioner shall, upon request, give the Tribal social services agency full cooperation including access to all files concerning the Indian child. If the files contain confidential or private data, the child-placing agency or petitioner may require execution of an agreement with the Tribal social services agency specifying that the Tribal social services agency shall maintain the data according to statutory provisions applicable to the data.

Subd. 3. Renumbered 260.763, subd. 4.

Subd. 3a. Renumbered 260.763, subd. 5.

Subd. 4. Renumbered 260.763, subds. 2, 2a.

Subd. 5. Renumbered 260.763, subd. 3.

In a termination of parental rights proceeding, the court must determine by evidence beyond a reasonable doubt, including testimony of a qualified expert witness, that continued custody of the Indian child by the parent or Indian custodian is likely to result in serious emotional damage or serious physical damage to the Indian child.

In an involuntary permanent transfer of legal and physical custody, permanent custody to the agency, temporary custody to the agency, or other permanency proceeding, the court must determine by clear and convincing evidence, including testimony of a qualified expert witness, that the continued custody of the Indian child by the Indian child's parent or parents or Indian custodian is likely to result in serious emotional damage or serious physical damage to the Indian child. Qualified expert witness testimony is not required where custody is transferred to the Indian child's parent.

Testimony of a qualified expert witness shall be provided for involuntary child placement and permanency proceedings independently.

Subd. 7. Renumbered 260.773.

Subd. 8. Guardians ad litem for Indian children. Guardians ad litem shall be specifically trained in the provision of services to Indian children, parent or parents, and Indian custodians under relevant federal and state laws and rules of court pursuant tosection 480.35, subdivision 2, clause (3).