Minn. R. Adop. P. 38.05
As amended through October 28, 2024
Subd. 1. Rule Does Not Apply to Children under Guardianship of the Commissioner.This rule does not apply to children under the guardianship of the commissioner of human services.
Subd. 2. Contested Adoptive Placements Governed by Rules of Juvenile Protection Procedure and Minnesota Statutes Chapter 260C. Procedures for contested adoptive placements of children under the guardianship of the commissioner of human services are governed by Rule 42.11 of the Rules of Juvenile Protection Procedure and Minnesota Statutes § 260C.607, subd. 6.
Minn. R. Adop. P. 38.05
Rule 38.05 provides that contests over the adoptive placement of children under state guardianship are governed by the Rules of Juvenile Protection Procedure and Minnesota Statutes § 260C.607, subd. 6. A contested adoptive placement hearing for a child under guardianship of the commissioner of human services occurs when an individual not selected by the agency for adoptive placement and who has an adoptive home study makes a prima facie showing that the responsible social services agency was unreasonable in making the adoptive placement. The individual files a motion, which is heard by the judge conducting the reviews required under Minnesota Statutes § 260C.607 on the agency's reasonable efforts to in finalize adoption of the child.
If the court finds there is a prima facie showing, it will conduct further hearing on the motion and may order the agency to make an adoptive placement with the individual bringing the motion. A petition for adoption of a child under guardianship of the commissioner cannot be filed unless there is an adoptive placement by the responsible agency made by fully executed adoptive placement agreement. So, the process is not for contested adoption but, rather, for contested adoptive placement.