Minnesota Statutes

Minn. Stat. § 260C.513 (2026)

Permanency Dispositions When Child Cannot Return Home

✓ current as of May 2026

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(a) For a child who cannot return home, a permanency placement with a relative is preferred. A permanency placement with a relative includes termination of parental rights and adoption by a relative, guardianship to the commissioner of children, youth, and families through a consent to adopt with a relative, or a transfer of permanent legal and physical custody to a relative. The court must consider the best interests of the child and section 260C.212, subdivision 2, paragraph (a), when making a permanency determination.

(b) When the court has determined that permanent placement of the child away from the parent is necessary, the court shall consider permanent alternative homes that are available both inside and outside the state.

Notes of Decisions

Cited in 6 cases, 2015–2017 · leading case: In the Matter of the Welfare of the Child of: J. B. & S. N.-J., Parents. (Minn. Ct. App. 2016).

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In the Matter of the Welfare of the Child of: J. B. & S. N.-J., Parents. (Minn. Ct. App. 2016). · cites it 4× “See Minn. Stat. §§ 260C.513(a) (2014) (providing that the district court may transfer guardianship to a suitable and fit relative), 645.”

In the Matter of the Welfare of the Child. of: P. L. G., Parent. (Minn. Ct. App. 2016). · cites it 2× “” Minn. Stat. § 260C.513(a) (2014). “If the court finds that termination of parental rights and guardianship to the commissioner is not in the child’s best interests, the court may transfer permanent legal and physical custody of the child to a relative when that order is in the…”

In the Matter of the Welfare of the Child. of: A. S. & L. S., Jr., Parents. (Minn. Ct. App. 2017). · cites it 2× “” Minn. Stat. § 260C.513(a) (2016). But a district court may order transfer of permanent legal and physical custody to a relative if it is in the children’s best interests.”

In the Matter of the Welfare of the Child. of: J. S. & P. M., Parents. (Minn. Ct. App. 2015). · cites it 2× “Minn. Stat. § 260C.513(a) (2014); see also Minn.”

In the Matter of the Welfare of the Child of: P. J. M. & A. D. H., Parents. (Minn. Ct. App. 2015). · cites it 2× “” Minn. Stat. § 260C.513(a) (2014) (emphasis added).”

In the Matter of the Welfare of the Child of: J.W. & M.T., Parents (A15-0800), J.W. & J.O., Parents (A15-0801), J.W. & J.D., Parents (A15-0802), & J.W. & M.T., Parents (A15-0824). (Minn. Ct. App. 2015). · cites it 2× “Under Minn. Stat. § 260C.513(a) (2014), Termination of parental rights and adoption, or guardianship to the commissioner of human services through a consent to adopt, are preferred permanency options for a child who cannot return home.”

— Minn. Stat. § 260C.513(a) — 6 cases

In the Matter of the Welfare of the Child of: J. B. & S. N.-J., Parents. (Minn. Ct. App. 2016). “See Minn. Stat. §§ 260C.513(a) (2014) (providing that the district court may transfer guardianship to a suitable and fit relative), 645.”

In the Matter of the Welfare of the Child. of: P. L. G., Parent. (Minn. Ct. App. 2016). “” Minn. Stat. § 260C.513(a) (2014). “If the court finds that termination of parental rights and guardianship to the commissioner is not in the child’s best interests, the court may transfer permanent legal and physical custody of the child to a relative when that order is in the…”

In the Matter of the Welfare of the Child. of: A. S. & L. S., Jr., Parents. (Minn. Ct. App. 2017). “” Minn. Stat. § 260C.513(a) (2016). But a district court may order transfer of permanent legal and physical custody to a relative if it is in the children’s best interests.”

In the Matter of the Welfare of the Child. of: J. S. & P. M., Parents. (Minn. Ct. App. 2015). “Minn. Stat. § 260C.513(a) (2014); see also Minn.”

In the Matter of the Welfare of the Child of: P. J. M. & A. D. H., Parents. (Minn. Ct. App. 2015). “” Minn. Stat. § 260C.513(a) (2014) (emphasis added).”

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