(a) If, after a hearing, the court does not terminate parental rights but determines that the child is in need of protection or services, or that the child is neglected and in foster care, the court may find the child is in need of protection or services or neglected and in foster care and may enter an order in accordance with the provisions of section 260C.201.
(b) When a child has been in placement 15 of the last 22 months after a trial on a termination of parental rights petition, if the court finds that the petition is not proven or that termination of parental rights is not in the child's best interests, the court must order the child returned to the care of the parent unless the court approves the responsible social services agency's determination of compelling reasons why the child should remain out of the care of the parent. If the court orders the child returned to the care of the parent, the court may order a trial home visit, protective supervision, or monitoring under section 260C.201.
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2001–2023 · leading case:
In Re Child of E.V., 634 N.W.2d 443 (Minn. Ct. App. 2001).
In Re Child of E.V., 634 N.W.2d 443 (Minn. Ct. App. 2001).
· cites it 4× “Minn. Stat. § 260C.312 (2000). [5] Section 260C.”
In re the Welfare of the Child. of B.M., 845 N.W.2d 558 (Minn. Ct. App. 2014).
· cites it 4× “See Minn.Stat. § 260C.312 (2012) (following the dismissal of a TPR petition, further county services may be ordered to facilitate reunification with the child).”
In the Matter of the Welfare of the Child. of: N. L. & B. Y., Parents (Minn. Ct. App. 2023).
· cites it 2× “Minn. Stat. § 260C.312(a) (2022). She also cites the following procedural rule: If the court finds that the statutory grounds set forth in the petition are not proved, the court shall either dismiss the petition or determine that the child is in need of protection or services.”
— Minn. Stat. § 260C.312(a) — 1 case
In the Matter of the Welfare of the Child. of: N. L. & B. Y., Parents (Minn. Ct. App. 2023).
“Minn. Stat. § 260C.312(a) (2022). She also cites the following procedural rule: If the court finds that the statutory grounds set forth in the petition are not proved, the court shall either dismiss the petition or determine that the child is in need of protection or services.”
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