Minn. R. Adop. P. 38.03

As amended through October 28, 2024
Rule 38.03 - Background Study

If an adoption study is not required because the petitioner is an individual who is related to the child as defined in Rule 2.01(19), the agency, as part of its post-placement assessment report, shall conduct a background study meeting the requirements of Minnesota Statutes § 259.41, subd. 3(b). An adoption study and background study are always required for a child under guardianship of the commissioner of human services.

Subdivision 1. Post-Placement Assessment Waiver Permitted. The post-placement assessment report may be waived by the court pursuant to Minnesota Statutes § 259.53, subd. 5, or § 260C.607. A request to waive a post-placement assessment report shall be in writing and shall be filed and served with the petition pursuant to Rule 35.05. A request to waive a post-placement assessment report shall be decided by the court within fifteen (15) days of filing, unless a written objection to the waiver is filed, in which case a hearing must be conducted as soon as practicable.

Subd. 2. Background Study Waiver Prohibited. The court shall not waive the background study.

Minn. R. Adop. P. 38.03