DHS Program Resources Adoption/Guardianship and TPLPC

Policy on Sibling Placement, Separation, Visitation, and Contact

Overview

This policy outlines the requirements to place siblings together for foster care, adoption, and transfer of permanent legal and physical custody; considerations regarding separating siblings for foster care placement and establishing permanency; and the obligation to facilitate visitation and contact if siblings are separated.

Reason for Policy

These policies and procedures ensure that children involved in juvenile protection proceedings, including children under guardianship of the commissioner, are able to maintain sibling and family connections to the greatest extent possible, including the opportunity to grow up with their siblings through placement together in foster, adoptive, and kinship homes.

Applicability

This policy is applicable to sibling placements, separation, visitation, and contact of all children involved in juvenile protection proceedings under Minnesota Statutes, Chapter 260C, including children under guardianship of the commissioner.

Policy

This section outlines legal requirements for siblings to be placed together in foster, adoptive, and kinship homes, and agency responsibilities to ensure visitation and contact if siblings are separated.

1. Sibling placement requirements
2. Responsible social services agencies must place siblings together for foster care, adoption, and transfer of permanent legal and physical custody to a relative, whenever possible, and at the earliest possible time. Placing siblings together is both a best interest factor in placement decision making as well as a reasonable effort to finalize a permanent plan for a child. [Minn. Stat., sections 260.012 (e)(4); 260C.212, subd. 2 (d); 260C.193, subd. 3 (g); 260C.212, subd. 2 (b)(9); and 260C.201, subd. 2 (a)(4)(v)]
3. Exceptions to placing siblings together are when:
4. Joint placement is determined not to be in the best interests of at least one sibling after weighing the benefits of separate placements against the benefits of sibling connections for each child.
5. It is documented that placement together would be contrary to the safety or well-being of any of the siblings.
6. It is not possible after reasonable efforts by the responsible agency.

[Minn. Stat., sections 260C.193, subd. 3 (g); and 260C.212, subd. 2 (d)]

• Before or within 30 days of a child’s removal from their parent(s) or legal guardian(s)/custodian(s), a responsible social services agency must conduct a comprehensive relative search to identify and notify all relatives of the child’s pending or current placement. Relative includes legal parents, guardians, and custodians of a child’s siblings. [Minn. Stat., sections 260C.221 (b); and 260C.007, subd. 27]

• Responsible social services agencies must place siblings together for adoption. If siblings are separated, agencies must document reasonable efforts to place siblings together for adoption. If recommending that siblings be separated for adoption, agencies must submit a request to the court and provide notice to required parties. A court order for sibling separation is required. [Minn. Stat., sections 260C.605, subd. 1 (d)(9); 260C.613, subd. 3; and 260C.617]
  
• Sibling contact and visitation requirements when placement together is not possible
• Responsible social services agencies must develop a plan for and provide frequent, ongoing visitation or other ongoing interaction among separated siblings, if visitation is in their best interests. [Minn. Stat., section 260.012 (e)(4); 260C.178, subd. 1 (k); 260C.212, subd. 2 (d); and 260C.212, subd. 1 (e)(5)]
• Sibling visitation and contact plans must be documented in Out-of-home Placement Plans (OHPP). [Minn. Stat., sections 260C.193, subd. 3 (g); and 260C.212, subd. 1 (c)(5)]

• The exception to developing a visitation or contact plan is when an agency documents that contact would be contrary to the safety or well-being of any of the siblings. [Minn. Stat., sections 260.012 (e)(4); 260C.178, subd. 1 (k); and 260C.212, subd. 2 (d)]

• Responsible social services agencies must provide youth leaving foster care at age 14 or older with sibling contact information, if siblings are also in foster care. [Minn. Stat., section 260C.203 (e)(3)]
• Preadoptive parents may enter into communication and contact agreements with a parent or legal guardian of a child’s siblings, as well as with any adult sibling of a child. [Minn. Stat., section 260C.619 (a)]
  
• Legal requirements for sibling placement for Indian children
• The 11th best interest factor in making placement decisions is an Indian child’s best interests as defined in the Minnesota Indian Family Preservation Act (MIFPA). Per MIFPA, an Indian child’s best interests support a child’s sense of belonging to family and help preserve and maintain a child’s family, extended family, and tribe. [Minn. Stat., sections 260C.212, subd. 2 (b); and 260.755, subd. 2a]
• Extended family includes siblings as defined by law or custom of a tribe, or a sibling who is 18 years or older. [25 U.S.C. § 1903 (2); Minnesota Tribal-State Agreement, 2007]
• Foster care and preadoptive placement preferences include consideration of an Indian child’s attachment to siblings or proximity to siblings, if siblings are separated. [25 CFR § 23.131-23.132]
• Active efforts to preserve, prevent breakup of, and reunify an Indian child’s family are required by law. Active efforts is a higher standard than reasonable efforts, requiring a rigorous and concerted level of effort and use of prevailing social and cultural values, conditions, and way of life of an Indian child’s tribe. Active efforts includes acknowledging traditional helping and healing systems of an Indian child’s tribe, and using those systems as the core to help and heal an Indian child and family. [Minn. Stat., sections 260.755, subd. 1a; and 260.762, subd. 1]
  
• Court review of sibling placement
• Courts are required to review a responsible social services agency’s reasonable efforts to place siblings together at the emergency removal hearing and at each subsequent hearing, if siblings are not placed together. [Minn. Stat., section 260C.178, subd. 1 (k)]
• As part of the court review for children ages 14 and older, the court shall ensure that a responsible social services agency has assisted a child with obtaining contact information for their siblings, if siblings are also in foster care, prior to a child leaving foster care. [Minn. Stat., section 260C.203 (e)(3)]
• When children are in placement at the same time and are being separated due to a transfer of permanent legal and physical custody to a relative, the court must review reasonable efforts to place siblings together and find that there are reasons to separate siblings during placement. [Minn. Stat., section 260C.515, subd. 4 (7)(iv)]
• When a child is under guardianship of the commissioner, the court must send notice of court review hearings regarding progress toward adoption to a child’s sibling’s foster or preadoptive parents (among other parties). A child’s sibling’s foster or preadoptive parents have the right to participate in court reviews. [Minn. Stat., section 260C.607, subds. 2 and 3]
• Courts must review agency proposals to separate siblings for adoption. Sibling separation may be ordered for a child under the court’s jurisdiction in one of the two following circumstances:
• The court finds that reasonable efforts to place siblings together have been made, and further efforts would significantly delay the adoption of one or more siblings and are therefore not in one or more of the siblings’ best interests.
• The court determines that it is not in the best interests of one or more siblings to be placed together after the responsible social services agency has made reasonable efforts to place siblings together.

[Minn. Stat., section 260C.617 (b) and (d)]

• When siblings who are under guardianship of the commissioner at the same time are within different court jurisdictions, courts shall communicate with each other regarding each sibling’s needs, and shall conduct review hearings in such a way as to ensure coordinated planning by all agencies involved in decision making for the siblings. [Minn. Stat., section 260C.617 (c)]

Procedures

1. Sibling placement decisions
2. Federal law (Fostering Connections to Success and Increasing Adoptions Act), state law, best practice literature, and national research support placing siblings together in foster, adoptive, and kinship homes, and document many benefits to placement together.
3. The decision to place siblings together, or separate them, must be based on the best interests of the children involved. This requires a significant, individualized assessment of a child’s needs based on the 10 best interest factors outlined in statute.
4. For an Indian child, this individualized determination also includes consideration of an Indian child’s best interests as defined in the MIFPA. In addition to supporting an Indian child’s sense of belonging and preserving and maintaining an Indian child’s family, extended family, and tribe, an Indian child’s best interests are interwoven with the best interests of an Indian child’s tribe. Establishing and maintaining relational ties with siblings through joint placement, contact, and visitation are key to an Indian child’s best interests and preservation of an Indian child’s cultural and tribal identity.
5. Joint placement at the onset of a case can help ensure joint placement for permanency.
   
6. Responsible social services agency assessment of sibling placement
7. Conduct an individualized determination of each sibling’s needs based on the 10 best interest factors in Minn. Stat., section 260C.212, subd. 2 (b). For an Indian child, the individualized determination must include MIFPA-defined best interests of an Indian child.
8. Consult with siblings’ parents, relatives, and kin, as appropriate.
9. Utilize team decision making.
10. Consider each sibling’s current needs, as well as future needs.
11. Refer siblings for a sibling attachment assessment by a mental health professional, if needed.
    
12. Continued efforts to place siblings together, if not initially placed together
13. Document reasonable efforts to place siblings together.
14. Conduct a relative search within 30 days of placement and as needed throughout the life of a case, including when ordered to reopen a relative search by a judge. In addition to being a placement or permanency option for one or more siblings, relatives may also participate in care and planning for a child, which may include supporting contact and visitation between siblings. A relative who initially could not be a placement option for siblings may be able to be a permanency option later on.
15. Establish and implement sibling visitation and contact plans to ensure continued relationships.
16. Continue with reasonable efforts to place siblings together, unless there is an appropriate reason to separate them, or the court orders sibling separation for purposes of adoption.
17. Receive information about previously unknown siblings from the Minnesota Department of Human Services (department). When the department is informed a child has been ordered under guardianship of the commissioner, department staff will conduct a search to determine if the child has siblings who are currently, or were previously, under guardianship of the commissioner. This search is conducted as a courtesy to county agencies.
18. If a sibling is found, department staff will send written notification to the responsible social services agency. If the child is an Indian child, the responsible social services agency must provide this notice to the Indian child’s tribe.
19. Department staff will not send notice if they have documentation that a responsible social services agency already knows about a child’s sibling(s).
20. Notification to responsible social services agencies is intended to assist in making placement decisions and guide permanency planning for the siblings.
    
21. Potentially appropriate reasons to separate siblings
22. A child is in placement for treatment.
23. A child is placed with a previously noncustodial parent who is not a parent to all siblings; in this circumstance, a child’s sibling’s legal parent is considered a relative and must be included in the comprehensive relative search for placement and permanency planning.
24. One sibling is physically, emotionally or sexually abusive toward another sibling and therapeutic interventions have been unsuccessful in ameliorating the behavior.
25. A child whom the court has determined to be of sufficient age to express a preference, or who is age 14 or older and required to give consent to adoption or be consulted on a potential transfer of permanent legal and physical custody, has expressed a reasonable placement preference that would result in sibling separation.
26. After exhaustive recruitment efforts, a responsible social services agency has been unsuccessful in locating an appropriate adoptive home for a sibling group.
27. Siblings will be adopted separately by relatives or will have transfers of permanent legal and physical custody to different relatives, and the plan was determined appropriate through a family group decision making process. For an Indian child, siblings will also be in reasonable proximity to each other.
28. Birth parents have executed consents to adoption under Minn. Stat., section 260C.515, subd. 3, agreed to by the responsible social services agency and accepted by the court, that identify separate adoptive parents for siblings.
29. Siblings have different permanency dispositions (e.g., one sibling will be legally adopted while another will remain in foster care or have custody permanently transferred to a relative), but will remain in the same physical location as each other.
30. Siblings are not under guardianship of the commissioner at the same time.
    
31. Court approval required to separate siblings for the purpose of adoption and transfer of permanent legal and physical custody
32. If a responsible social services agency has determined that sibling separation for the purpose of adoption is in the best interest of one or more of the siblings, the agency must submit a proposal to court.
33. Notice of a sibling separation request must be given to all persons entitled to notice under Minn. Stat., section 260C.627, including an Indian child’s tribe, as well as a child’s foster or prospective adoptive parent(s); any foster, preadoptive, or adoptive parent of a child’s sibling(s); and any relative with permanent legal and physical custody of a child’s sibling(s).
34. Notices are intended to encourage joint placement of siblings in foster, adoptive, or kinship homes, or communication or contact in the event that joint placement is unsuccessful.
35. Until the court determines that further efforts would be futile or that placement together is not in the best interests of one or more of the siblings, the responsible social services agency must continue with reasonable efforts to place siblings together for adoption.
36. If siblings are under jurisdiction of more than one court, the judges conducting reviews shall communicate with each other about the siblings’ needs and coordinate planning by agencies involved in decision making for the siblings.
37. Upon receiving a sibling separation proposal, the court must schedule the matter for hearing.
38. The court may order sibling separation when it finds one of the following:
39. The responsible social services agency’s reasonable efforts to place siblings together were unsuccessful, and further efforts would significantly delay the adoption of one or more of the siblings and are therefore not in the best interests of the siblings
40. It is not in the best interests of one or more of the siblings to be placed together after reasonable efforts were made by the responsible social services agency to alleviate the issues that prevent the siblings from safely living together.
41. When legal and physical custody of a child is to be transferred permanently to a relative, and a child’s sibling who is also in placement is not part of this plan, the court must find that there are reasons to separate a child from the child’s sibling.
42. The responsible social services agency must document and show the court the agency’s reasonable efforts to place siblings together.
    
43. Documentation that the responsible social services agency must submit to court when proposing sibling separation for purposes of adoption
44. History of sibling placement, together and separately
45. Special needs of one or more of the siblings that necessitate separation based on the safety and well-being of the siblings
46. Attempted interventions to alleviate behaviors or issues that prevent the siblings from safely living together
47. Specific recruitment efforts made to identify appropriate adoptive parent(s) for the sibling group, including recruitment methods and length of time efforts were made
48. Permanency plan for each sibling
49. Current visitation/contact between separated siblings, and the specific plan for continued ongoing visitation/contact between the siblings after adoption finalization.
    
50. Special situations involving permanency planning for siblings that require additional guidance
51. When siblings have been separated due to a court accepting a parent’s consent to adopt under Minn. Stat., section 260C.515, subd. 3, and the prospective adoptive parents identified in each consent will no longer be adopting (for any reason), the responsible social services agency must reassess sibling placement in the children’s best interests. If the responsible agency continues to recommend separation, the agency must bring the matter to court and request findings and a court order that separation is in the children’s best interest despite the change in the adoptive plan.
52. Requesting court approval for sibling separation in the situation described above is not required if one sibling remains the subject of a consent to adopt under Minn. Stat., section 260C.515, subd. 3, and the prospective adoptive parent named in the consent to adopt is continuing with the adoption.
53. When a new sibling is born and placed into foster care or ordered under guardianship of the commissioner, and another sibling has a fully executed Adoption Placement Agreement, the responsible agency must assess sibling placement issues based on the new information. This includes providing notification to the sibling’s preadoptive parent identified on the fully executed Adoption Placement Agreement of the option to become a placement and/or permanency resource for the new sibling.
54. If the responsible agency determines separation is in the best interests of the sibling with the fully executed Adoption Placement Agreement, a formal request to the court to approve sibling separation is not required. However, the agency must inform the court and parties that there is a new sibling and the agency has determined that separation is in the best interests of the child.
55. The responsible agency must submit to the department written notice that the responsible agency has:
56. Reassessed the sibling placement issue based on the new sibling
57. Asked the preadoptive parent identified on the fully executed Adoption Placement Agreement if they are willing and able to adopt the new sibling
58. Discussed with the preadoptive parent the benefit of ongoing visitation and contact between the siblings, if the preadoptive parent is unwilling or unable to adopt the new sibling, or if for any other reason the sibling will not be adopted by the same parent.
59. When one sibling in foster care has a permanency goal of adoption, and the other has a permanency goal of a transfer of permanent legal and physical custody, a sibling separation court order is not needed for the sibling to be adopted. However, the court must find that there are reasons to separate the siblings for the sibling whose permanency goal is transfer of permanent legal and physical custody to a relative.
    
60. Communication and contact among siblings who are separated
61. Responsible social services agencies must ensure that siblings separated in foster care have frequent visitation or ongoing contact while in foster care, unless it is documented that such interaction is contrary to the safety or well-being of any of the siblings.
62. Visitation and contact plans must be documented in each sibling’s out-of-home placement plan, as well as whether visitation is consistent with the best interests of the child while in foster care.
63. For siblings who have been separated due to adoption or transfers of permanent legal and physical custody to different relatives, communication or contact agreements may be utilized to ensure ongoing contact among the siblings after finalization. Specific types of contact may include: face-to-face visits, phone calls, letters, emails, texts, exchange of photos, webcam or video conferencing, or other reasonable means.
64. Contact agreements that include face-to-face visits should address logistics such as: responsibility for planning, transportation, supervision and expenses; date, time and location; and frequency and duration.
65. When Indian siblings are to be separated, consider including a cultural plan so that siblings may explore their cultural and tribal identity together. For example, a cultural plan may include attending pow wows, talking circles, ceremonies, and Native community events together.
66. The terms of an agreement must be approved by the parties to the agreement and the responsible social services agency.
67. For purpose of adoption, the court must find that the communication or contact agreement is in a child’s best interest.
68. Agreements are legally enforceable when the terms of an agreement are in a written court order issued before or at the time of granting of the adoption decree.
69. The court order granting contact must be filed in the adoption file, with the juvenile court as the venue to enforce or modify the agreement.
70. Visitation and/or contact between siblings should not be contingent on the behavior of any of the siblings or dependent on any of the siblings requesting a visit or contact. It is the adults’ obligation to promote visitation and contact between separated siblings to maintain family connections when safe and appropriate to do so.
71. When a child exits foster care at age 14 or older and is given contact information for their siblings who are in foster care, caregivers of the siblings may be notified that their contact information has been given to the child leaving foster care.

Form(s) that apply

None

Related Policies and References

None

Training

None

Legal Authority

Minn. Stat., section 256N.02, subd. 16

Minn. Stat., section 259.58
Minn. Stat., section 260.012 (e)(4)

Minn. Stat., section 260.755, subds. 1a and 2a

Minn. Stat., section 260.762
Minn. Stat., section 260C.007, subds. 4, 26b, 27, 27a and 32
Minn. Stat., section 260C.178, subd. 1 (k)
Minn. Stat., section 260C.193, subd. 3 (g)

Minn. Stat., section 260C.201, subds. 2 (a)(4)(v) and 5

Minn. Stat., section 260C.203 (e)(3)
Minn. Stat., section 260C.212, subds. 1 (c)(5), 2 (b)(9), 2 (b)(10) and 2 (d)

Minn. Stat., section 260C.221 (b)

Minn. Stat., section 260C.515, subds. 3 and 4 (7)(iv)
Minn. Stat., section 260C.603, subds. 2, 3, 7, and 8

Minn. Stat., section 260C.605, subd. 1 (d)(9)

Minn. Stat., section 260C.607, subd. 4 (2)(ii)

Minn. Stat., section 260C.613, subd. 3
Minn. Stat., section 260C.617
Minn. Stat., section 260C.619 (a)

Standards

None

Definitions

Adoption Placement Agreement: A written agreement among the preadoptive parent(s), representative of the responsible social services agency, and delegated agent of the commissioner of the Minnesota Department of Human Services indicating the intent of all signatories to the agreement that the preadoptive parent(s) establish a legal parent and child relationship through adoption with a child under guardianship of the commissioner. An Adoption Placement Agreement is fully executed when it is signed by all parties. [Minn. Stat., section 260C.603, subd. 3]

Child under guardianship of the commissioner: An individual under 18 years of age who is under guardianship of the commissioner of the Minnesota Department of Human Services by court order, pursuant to Minn. Stat., section 260C.325. [Minn. Stat., sections 260C.007, subd. 4; and 260C.603, subd. 7]

Preadoptive parent: An adult who has signed an Adoption Placement Agreement regarding a child, but whose adoption of a child has not yet been finalized by the court. This has the same meaning as adopting parent. [Minn. Stat., section 260C.603, subd. 2]

Prospective adoptive parent: An individual who may become a preadoptive parent, regardless of whether the individual has an approved adoption home study, but who has not signed an Adoption Placement Agreement. [Minn. Stat., section 260C.603, subd. 8]

Relative: A person related to a child by blood, marriage, or adoption; the legal parent, guardian, or custodian of a child’s siblings; or an individual who is an important friend with whom the child has resided or had significant contact. For an Indian child, a relative is a person who is a member of the Indian child’s family as defined in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1903, paragraphs (2), (6) and (9). [Minn. Stat., section 260C.007, subds. 26b and 27]

Responsible social services agency: The local 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. [Minn. Stat., section 260C.007, subd. 27a]

Sibling: One of two or more individuals who have one or both parents in common through blood, marriage or adoption, including siblings as defined by a child’s tribal code or custom. Sibling also includes an individual who would have been considered a sibling prior to a termination or suspension of parental rights of one or both parents, or another disruption of parental rights such as the death of a parent. [Minn. Stat., section 260C.007, subd. 32]

Transfer of permanent legal and physical custody: A Minnesota juvenile court order transferring legal and physical custody permanently to a relative under Minn. Stat., section 260C.515, subd. 4; for a child under jurisdiction of tribal court, a judicial determination under a similar provision in tribal code which means that a relative will assume the duty and authority to provide care, control and protection of a child in foster care, and to make decisions regarding the child's education, health care and general welfare until adulthood. [Minn. Stat., section 256N.02, subd. 16]

Policy Contacts

Michelle Chalmers, 651-431-3604; Email: michelle.chalmers@state.mn.us (for adoption and transfer of permanent legal and physical custody)

Deborah Beske Brown, 651-431-4731, deborah.beske.brown@state.mn.us (for foster care)

Shirley Cain, 651-431-4708, shirley.cain@state.mn.us (for Indian child welfare)

Policy History

Issue Date: 03/23/2017

Effective Date: 03/01/2017

01/01/15 (revised)

08/01/12 (revised)

09/15/11 (revised)

07/28/08 (initial release)

This policy and its procedures remain in effect until rescinded or updated.