Determining the Best Interests of the Child - Minnesota

Guiding Principles

Citation: Ann. Stat. § 260C.212, Subd. 2

The policy of the state of Minnesota is to ensure that the child's best interests are met by requiring an individualized determination of the needs of the child and of how the selected placement will serve the current and future needs of the child being placed.

Best Interests Factors

Citation: Ann. Stat. § 260C.212, Subd. 2

Among the factors the agency shall consider in determining the current and future needs of the child are the following:

• The child's current functioning and behaviors
• The medical needs of the child
• The educational needs of the child
• The developmental needs of the child
• The child's history and past experiences
• The child's religious and cultural needs
• The child's connection with a community, school, and faith community
• The child's interests and talents
• The child's current and long-term needs regarding relationships with parents, siblings, relatives, and other caregivers

When placing a child in foster care or in a permanent placement based on an individualized determination of the child's needs, the agency must not use one factor in this paragraph to the exclusion of all others, and the agency shall consider that the factors described may be interrelated.

Other Considerations

Citation: Ann. Stat. § 260C.212, Subd. 2

Among the factors the agency shall consider in determining the current and future needs of the child are the following:

• The reasonable preference of the child, if the court, or the child-placing agency in the case of a voluntary placement, deems the child to be of sufficient age to express preferences
• For an Indian child, the best interests of an Indian child as defined in § 260.755, subdivision 2a

Placement of a child cannot be delayed or denied based on race, color, or national origin of the foster parent or the child.

Siblings should be placed together for foster care and adoption at the earliest possible time unless it is documented that a joint placement would be contrary to the safety or well-being of any of the siblings or unless it is not possible after reasonable efforts by the responsible social services agency. In cases where siblings cannot be placed together, the agency is required to provide frequent visitation or other ongoing interaction between siblings unless the agency documents that the interaction would be contrary to the safety or well-being of any of the siblings.