Boerners vs Nicollet County adoption system

Two friends of ours, Bruce and Sara Boerner, are attempting to adopt their five year old niece. They learned of her placement in foster care in June of 2003 and immediately pursued adoption. Nicollet County social workers assigned to her case as well as the court-appointed Guardian Ad-Litem, counselor/therapist, and lawyers are recommending for her to be adopted by the foster family she was placed with in June of 2003 instead of her being adopted by members of her birth family, Bruce and Sara.

Both the natural parents have had their parental rights terminated. Nobody on the birth mother's side has filed for adoption, but the Nicollet county legal system insists on keeping the 5 year old in Mankato, Minnesota area for their benefit. The birth father's side, namely Bruce and Sara, have expressed interest in her reunification with her birth relatives as well as aunts, uncles and grandparents who live in Douglas county, which is approximately 200 miles from the Mankato area. The Boerners have spent countless hours and thousands of dollars pleading their case only to hear one excuse after another on why they can't be united with their niece. Nicollet county's latest excuse is the distance she would be away from her family in Mankato (the one's that aren't looking to adopt her) is too great, even after Bruce and Sara have agreed to facilitate visitation with any of her relatives, regardless of distance.

Minnesota statute, section 260c.212, subdivision 2 states the following:

The authorized child-placing agency shall place a child released by court order or by voluntary release by the parent or parents, in a family foster home selected by considering placement with relatives and important friends in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption;

The Minnesota Adoption and Safe Families Act states the following:

If child not returned home, the dispositions available for permanent placement are:
1. permanent legal and physical custody to a relative in the best interests of the child
2. termination of parental rights and adoption
3. long-term foster care, but only if court finds that neither an award of legal and physical custody to a relative nor termination of parental rights nor adoption is in the childs best interest, and other specified factors
4. foster care for a specified period of time, but only if child is a runaway, an habitual truant or committed a delinquent act before age ten and the court finds foster care is in the childs best interest.

The Minnesota Adoption and Safe Families Act also states that distance should not be a factor in considering relative placement/adoption and will disallow any IV funding if a state denies or delays the placement of a child for adoption when an approved family is available outside their jurisdiction (Title 2, section 202).

We are in the 11th hour. The county is ready to hand this girl over to a non-relative family she barely knows, basically ignoring the laws and statutes put in place to protect children and keep them united with their real families. Bruce and Sara are hoping beyond hope that something will change their minds.

Please take a stand with us and help fight this drawn out unnecessary court battle over a child they have every legal right to adopt. This is an opinion petition and as such can be signed by any person of any age living in any state or country. If you agree, please sign our petition and pass it along to as many people as you can.