As long as a child remains placed in a qualified residential treatment program, the responsible social services agency shall submit evidence at each administrative review under section 260C.203; each court review under sections 260C.202, 260C.203, 260C.204, 260D.06, 260D.07, and 260D.08; and each permanency hearing under section 260C.515, 260C.519, 260C.521, or 260D.07 that:

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Terms Used In Minnesota Statutes 260C.712

  • Agency: means the responsible social services agency or a licensed child-placing agency. See Minnesota Statutes 260C.007
  • Child: means an individual under 18 years of age. See Minnesota Statutes 260C.007
  • Compelling reasons: means an individualized determination by the responsible social services agency, which is approved by the court, related to a request by the agency not to initiate proceedings to terminate parental rights or transfer permanent legal and physical custody of a child to the child's relative or former noncustodial parent under section 260C. 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 foster home: means the home of an individual or family who is licensed for child foster care under Minnesota Statutes, chapter 245A, meeting the standards in Minnesota Rules, chapter 2960, excluding foster residence settings licensed under Minnesota Rules, parts 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
  • Permanency plan: means the established goal in the out-of-home placement plan that will achieve a safe, permanent home for the child. 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
  • Relative: means a person related to the child by blood, marriage, or adoption; the legal parent, guardian, or custodian of the child's siblings; or an individual who is an important friend of the child or of the child's parent or custodian, including an individual with whom the child has resided or had significant contact or who has a significant relationship to the child or the child's parent or custodian. 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
  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44

(1) demonstrates that an ongoing assessment of the strengths and needs of the child continues to support the determination that the child’s needs cannot be met through placement in a family foster home;

(2) demonstrates that the placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;

(3) demonstrates how the placement is consistent with the short-term and long-term goals for the child, as specified in the child’s permanency plan;

(4) documents how the child’s specific treatment or service needs will be met in the placement;

(5) documents the length of time that the agency expects the child to need treatment or services;

(6) documents the responsible social services agency‘s efforts to prepare the child to return home or to be placed with a fit and willing relative, legal guardian, adoptive parent, or foster family; and

(7) if the child is placed in a qualified residential treatment program out of state, documents the compelling reasons for placing the child out of state, and the reasons that the child’s needs cannot be met by an in-state placement.