The court must issue a guardianship order if the listed findings are met.
§ Subdivision 1.Issuance. The court must issue an order awarding a guardianship for the purposes identified in section 257D.02 if the court finds that: (1) the proposed guardian is capable and reputable; (2) the guardianship is in the best interests of the at-risk juvenile; (3) both the petitioner and the proposed guardian agree to the establishment of a guardianship under this chapter; (4) reunification of the at-risk juvenile with one or both parents is not viable because of abandonment, abuse, neglect, or a similar basis that has an effect on the at-risk juvenile comparable to abandonment, abuse, or neglect under Minnesota law; and (5) it is not in the best interests of the at-risk juvenile to be returned to the previous country of nationality or last habitual residence of the juvenile or the juvenile's parent or parents. § Subd. 2.Contents of the order. (a) The order must, where the identity is known, specifically identify the parent or parents whom the court finds have abused, abandoned, or neglected the at-risk juvenile. (b) The order must contain the following three judicial determinations, each supported by relevant state statutory citations and written findings of fact: (1) the at-risk juvenile is dependent on the juvenile court, and has been placed under the custody of an individual appointed by the juvenile court, through the appointment of a guardian, for the purposes of this chapter; (2) reunification of the at-risk juvenile with one or both parents is not viable because of abandonment, abuse, or neglect or a similar basis that has an effect on the at-risk juvenile comparable to abandonment, abuse, or neglect under Minnesota law; and (3) it is not in the best interests of the at-risk juvenile to be returned to the at-risk juvenile's or at-risk juvenile's parent's country of nationality or last habitual residence.