Minn. R. Adop. P. 26.01

As amended through October 28, 2024

Rule 26.01 - Commencement of an Adoption Matter

An adoption matter is commenced by filing:

(a) a motion for a direct placement preadoptive custody order pursuant to Rule 29;

(b) an adoption petition; or

(c) a motion for waiver of agency placement pursuant to Minnesota Statutes § 259.22, subd 2(d), when the child is not under the guardianship of the commissioner of human services.

Minn. R. Adop. P. 26.01

2014 Advisory Committee Comment
A motion for waiver of agency placement is not available for a child under the guardianship of the commissioner of human services. Under Minnesota Statutes § 260C.613, subd. 1, the responsible social services agency has exclusive authority to make an adoptive placement for a child under the guardianship of the commissioner. A challenge to the agency's adoptive placement of a child under the guardianship of the commissioner is brought in a hearing under Minnesota Statute § 260C.607, subd. 6. .