Engrossments
Introduction		Posted on 02/28/2008
1st Engrossment		Posted on 03/10/2008
2nd Engrossment		Posted on 03/19/2008

Section 1.

Minnesota Statutes 2007 Supplement, section 245C.14, subdivision 1, is
amended to read:

Subdivision 1.

Disqualification from direct contact.

(a) The commissioner shall
disqualify an individual who is the subject of a background study from any position
allowing direct contact with persons receiving services from the license holder or entity
identified in section 245C.03, upon receipt of information showing, or when a background
study completed under this chapter shows any of the following:

(1) a conviction of, admission to, or Alford plea to one or more crimes listed in
section 245C.15, regardless of whether the conviction or admission is a felony, gross
misdemeanor, or misdemeanor level crime;

(2) deleted text begin a preponderance of thedeleted text end new text begin clear and convincing new text end evidence indicates the individual
has committed an act or acts that meet the definition of any of the crimes listed in section
245C.15, regardless of whether the deleted text begin preponderance of thedeleted text end new text begin clear and convincing new text end evidence is
for a felony, gross misdemeanor, or misdemeanor level crimenew text begin . An arrest record, police
report, or criminal complaint alone does not meet the standard for clear and convincing
evidencenew text end ; or

(3) an investigation results in an administrative determination listed under section
245C.15, subdivision 4, paragraph (b).

(b) No individual who is disqualified following a background study under section
245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact
with persons served by a program or entity identified in section 245C.03, unless the
commissioner has provided written notice under section 245C.17 stating that:

(1) the individual may remain in direct contact during the period in which the
individual may request reconsideration as provided in section 245C.21, subdivision 2;

(2) the commissioner has set aside the individual's disqualification for that program
or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or

(3) the license holder has been granted a variance for the disqualified individual
under section 245C.30.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 2, is
amended to read:

Subd. 2.

15-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a felony-level violation
of any of the following offenses: sections 256.98 (wrongfully obtaining assistance);
268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph
(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm);
609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231
(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth
degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a
vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of
drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment);
609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter
of an unborn child in the second degree); 609.267 (assault of an unborn child in the first
degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury
or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275
(attempt to coerce); 609.466 (medical assistance fraud); 609.498, subdivision 1 or 1b
(aggravated first degree or first degree tampering with a witness); 609.52 (theft); 609.521
(possession of shoplifting gear); 609.525 (bringing stolen goods into Minnesota); 609.527
(identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored
checks); 609.562 (arson in the second degree); 609.563 (arson in the third degree);
609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud);
609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering a forged
check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous weapons);
609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration); 609.71
(riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821 (financial
transaction card fraud); 617.23 (indecent exposure), not involving a minor; repeat
offenses under 617.241 (obscene materials and performances; distribution and exhibition
prohibited; penalty); 624.713 (certain persons not to possess firearms); chapter 152 (drugs;
controlled substance); or a felony-level conviction involving alcohol or drug use.

(b) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) For foster care and family child care an individual is disqualified under section
245C.14 if less than 15 years has passed since the individual's voluntary termination of
the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or
260C.301, subdivision 3.

(d) An individual is disqualified under section 245C.14 if less than 15 years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of the offenses
listed in paragraph (a).

(e) If the individual studied commits one of the offenses listed in paragraph (a), but
the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual
is disqualified but the disqualification look-back period for the offense is the period
applicable to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the date
of an admission in court. When a disqualification is based on deleted text begin a preponderance ofdeleted text end new text begin clear
and convincing new text end evidence of a disqualifying act, the disqualification date begins from the
date of the dismissal, the date of discharge of the sentence imposed for a conviction for a
disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Sec. 3.

Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 3, is
amended to read:

Subd. 3.

Ten-year disqualification.

(a) An individual is disqualified under section
245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed,
if any, for the offense; and (2) the individual has committed a gross misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10,
paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide
and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 or
609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree);
609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a
vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of
persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal
abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335
(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a
vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision
1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into
Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance
of dishonored checks); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611
(insurance fraud); 609.631 (check forgery; offering a forged check); 609.66 (dangerous
weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable
adult); repeat offenses under 609.746 (interference with privacy); 609.749, subdivision 2
(harassment; stalking); 609.82 (fraud in obtaining credit); 609.821 (financial transaction
card fraud); 617.23 (indecent exposure), not involving a minor; 617.241 (obscene
materials and performances); 617.243 (indecent literature, distribution); 617.293 (harmful
materials; dissemination and display to minors prohibited); or violation of an order for
protection under section 518B.01, subdivision 14.

(b) An individual is disqualified under section 245C.14 if less than ten years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota
Statutes.

(c) An individual is disqualified under section 245C.14 if less than ten years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the
offenses listed in paragraph (a).

(d) If the individual studied commits one of the offenses listed in paragraph (a), but
the sentence or level of offense is a misdemeanor disposition, the individual is disqualified
but the disqualification lookback period for the offense is the period applicable to
misdemeanors.

(e) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the date
of an admission in court. When a disqualification is based on deleted text begin a preponderance ofdeleted text end new text begin clear
and convincing new text end evidence of a disqualifying act, the disqualification date begins from the
date of the dismissal, the date of discharge of the sentence imposed for a conviction for a
disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Sec. 4.

Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 4, is
amended to read:

Subd. 4.

Seven-year disqualification.

(a) An individual is disqualified under
section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence
imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level
violation of any of the following offenses: sections 256.98 (wrongfully obtaining
assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10,
paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide
and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree);
609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224
(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation
of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult);
609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation
of an order for protection under 609.3232 (protective order authorized; procedures;
penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen
goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property);
609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous
weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or
harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment);
609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23
(indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination
and display to minors prohibited); or violation of an order for protection under section
518B.01 (Domestic Abuse Act).

(b) An individual is disqualified under section 245C.14 if less than seven years has
passed since a determination or disposition of the individual's:

(1) failure to make required reports under section 626.556, subdivision 3, or
626.557, subdivision 3, for incidents in which: (i) the final disposition under section
626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was
recurring or serious; or

(2) substantiated serious or recurring maltreatment of a minor under section 626.556,
a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other
state, the elements of which are substantially similar to the elements of maltreatment under
section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the
maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

(c) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual's aiding and abetting, attempt, or conspiracy to commit any
of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in
Minnesota Statutes.

(d) An individual is disqualified under section 245C.14 if less than seven years has
passed since the discharge of the sentence imposed for an offense in any other state or
country, the elements of which are substantially similar to the elements of any of the
offenses listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a
conviction, the disqualification period begins from the date of the court order. When a
disqualification is based on an admission, the disqualification period begins from the date
of an admission in court. When a disqualification is based on deleted text begin a preponderance ofdeleted text end new text begin clear
and convincingnew text end evidence of a disqualifying act, the disqualification date begins from the
date of the dismissal, the date of discharge of the sentence imposed for a conviction for a
disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

(f) An individual is disqualified under section 245C.14 if less than seven years has
passed since the individual was disqualified under section 256.98, subdivision 8.

Sec. 5.

Minnesota Statutes 2006, section 245C.24, subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as provided in
deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin and (c)new text end , the commissioner may not set aside the disqualification
of any individual disqualified pursuant to this chapter, regardless of how much time has
passed, if the individual was disqualified for a crime or conduct listed in section 245C.15,
subdivision 1.

(b) deleted text begin Fordeleted text end An individual in the chemical dependency field who wasnew text begin :
new text end

new text begin (1)new text end disqualified for a crime or conduct listed under section 245C.15, subdivision 1deleted text begin ,
anddeleted text end new text begin ;
new text end

new text begin (2)new text end whose disqualification was set aside prior to July 1, 2005deleted text begin , the commissioner
must consider grantingdeleted text end new text begin ; and
new text end

new text begin (3)new text end new text begin was grantednew text end a variance deleted text begin pursuant to section 245C.30 for the license holder for
a program dealing primarily with adults. A request for reconsideration evaluated under
this paragraph must include a letter of recommendation from the license holder that
was subject to the prior set-aside decision addressing the individual's quality of care to
children or vulnerable adults and the circumstances of the individual's departure from
that servicedeleted text end new text begin under this section prior to August 1, 2008, is eligible to request a set-aside
under paragraph (c)new text end .

new text begin (c) For any individual who was disqualified for a crime or conduct listed under
section 245C.15, subdivision 1, and whose disqualification was set aside prior to July 1,
2005, the commissioner must consider granting a set-aside pursuant to section 245C.22.
An employer who hires any individual who provides in-home services shall monitor
service provision with the client by telephone at least quarterly.
new text end

new text begin (d) For an individual who was disqualified for an offense under section 609.66,
subdivision 1e, that was committed when the individual was a minor, and more than seven
years has passed since the incident, during which time the individual has attended and
graduated from college, the commissioner may consider setting aside the disqualification
for a children's residential facility licensed by the Department of Corrections.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2008.
new text end

Sec. 6.

Minnesota Statutes 2007 Supplement, section 245C.24, subdivision 3, is
amended to read:

Subd. 3.

Ten-year bar to set aside disqualification.

(a) The commissioner may
not set aside the disqualification of an individual in connection with a license to provide
family child care for children, foster care for children in the provider's home, or foster
care or day care services for adults in the provider's home if: (1) less than ten years has
passed since the discharge of the sentence imposed, if any, for the offense; or (2) when
disqualified based on deleted text begin a preponderance ofdeleted text end new text begin clear and convincing new text end evidence determination
under section 245C.14, subdivision 1, paragraph (a), clause (2), or an admission under
section 245C.14, subdivision 1, paragraph (a), clause (1), and less than ten years
has passed since the individual committed the act or admitted to committing the act,
whichever is later; and (3) the individual has committed a violation of any of the following
offenses: sections 609.165 (felon ineligible to possess firearm); criminal vehicular
homicide under 609.21 (criminal vehicular homicide and injury); 609.215 (aiding suicide
or aiding attempted suicide); felony violations under 609.223 or 609.2231 (assault in
the third or fourth degree); 609.229 (crimes committed for benefit of a gang); 609.713
(terroristic threats); 609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple
robbery); 609.255 (false imprisonment); 609.562 (arson in the second degree); 609.71
(riot); 609.498, subdivision 1 or 1b (aggravated first degree or first degree tampering
with a witness); burglary in the first or second degree under 609.582 (burglary); 609.66
(dangerous weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled
shotguns); 609.749, subdivision 2 (gross misdemeanor harassment; stalking); 152.021 or
152.022 (controlled substance crime in the first or second degree); 152.023, subdivision
1, clause (3) or (4) or subdivision 2, clause (4) (controlled substance crime in the third
degree); 152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in
the fourth degree); 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a
caregiver against a vulnerable adult); 609.23 (mistreatment of persons confined); 609.231
(mistreatment of residents or patients); 609.2325 (criminal abuse of a vulnerable adult);
609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial exploitation of a
vulnerable adult); 609.234 (failure to report); 609.265 (abduction); 609.2664 to 609.2665
(manslaughter of an unborn child in the first or second degree); 609.267 to 609.2672
(assault of an unborn child in the first, second, or third degree); 609.268 (injury or
death of an unborn child in the commission of a crime); repeat offenses under 617.23
(indecent exposure); 617.293 (disseminating or displaying harmful material to minors);
a felony-level conviction involving alcohol or drug use, a gross misdemeanor offense
under 609.324, subdivision 1 (other prohibited acts); a gross misdemeanor offense under
609.378 (neglect or endangerment of a child); a gross misdemeanor offense under 609.377
(malicious punishment of a child); 609.72, subdivision 3 (disorderly conduct against a
vulnerable adult); or 624.713 (certain persons not to possess firearms).

(b) The commissioner may not set aside the disqualification of an individual if
less than ten years have passed since the individual's aiding and abetting, attempt, or
conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses
is defined in Minnesota Statutes.

(c) The commissioner may not set aside the disqualification of an individual if less
than ten years have passed since the discharge of the sentence imposed for an offense in
any other state or country, the elements of which are substantially similar to the elements
of any of the offenses listed in paragraph (a).

Sec. 7.

Minnesota Statutes 2007 Supplement, section 245C.27, subdivision 1, is
amended to read:

Subdivision 1.

Fair hearing when disqualification is not set aside.

(a) If the
commissioner does not set aside a disqualification of an individual under section 245C.22
who is disqualified on the basis of deleted text begin a preponderance ofdeleted text end new text begin clear and convincing new text end evidence that
the individual committed an act or acts that meet the definition of any of the crimes listed
in section 245C.15; for a determination under section 626.556 or 626.557 of substantiated
maltreatment that was serious or recurring under section 245C.15; or for failure to make
required reports under section 626.556, subdivision 3; or 626.557, subdivision 3, pursuant
to section 245C.15, subdivision 4, paragraph (b), clause (1), the individual may request
a fair hearing under section 256.045, unless the disqualification is deemed conclusive
under section 245C.29.

(b) The fair hearing is the only administrative appeal of the final agency
determination for purposes of appeal by the disqualified individual. The disqualified
individual does not have the right to challenge the accuracy and completeness of data
under section 13.04.

(c) Except as provided under paragraph (e), if the individual was disqualified based
on a conviction or admission to any crimes listed in section 245C.15, subdivisions 1
to 4, or for a disqualification under section 256.98, subdivision 8, the reconsideration
decision under section 245C.22 is the final agency determination for purposes of appeal
by the disqualified individual and is not subject to a hearing under section 256.045. If
the individual was disqualified based on a judicial determination, that determination is
treated the same as a conviction for purposes of appeal.

(d) This subdivision does not apply to a public employee's appeal of a disqualification
under section 245C.28, subdivision 3.

(e) Notwithstanding paragraph (c), if the commissioner does not set aside a
disqualification of an individual who was disqualified based on both deleted text begin a preponderance ofdeleted text end new text begin
clear and convincing new text end evidence and a conviction or admission, the individual may request a
fair hearing under section 256.045, unless the disqualifications are deemed conclusive
under section 245C.29. The scope of the hearing conducted under section 256.045 with
regard to the disqualification based on a conviction or admission shall be limited solely to
whether the individual poses a risk of harm, according to section 256.045, subdivision 3b.
In this case, the reconsideration decision under section 245C.22 is not the final agency
decision for purposes of appeal by the disqualified individual.

Sec. 8.

Minnesota Statutes 2006, section 245C.29, subdivision 2, is amended to read:

Subd. 2.

Conclusive disqualification determination.

(a) Unless otherwise
specified in statute, a determination that:

(1) the information the commissioner relied upon to disqualify an individual under
section 245C.14 was correct based on serious or recurring maltreatment;

(2) deleted text begin a preponderance of thedeleted text end new text begin clear and convincing new text end evidence shows that the individual
committed an act or acts that meet the definition of any of the crimes listed in section
245C.15new text begin . A police report or criminal complaint alone does not meet this standardnew text end ; or

(3) the individual failed to make required reports under section 626.556, subdivision
3, or 626.557, subdivision 3, is conclusive if:

(i) the commissioner has issued a final order in an appeal of that determination under
section 245A.08, subdivision 5, or 256.045, or a court has issued a final decision;

(ii) the individual did not request reconsideration of the disqualification under
section 245C.21; or

(iii) the individual did not request a hearing on the disqualification under section
256.045 or chapter 14.

(b) When a licensing action under section 245A.05, 245A.06, or 245A.07 is based
on the disqualification of an individual in connection with a license to provide family child
care, foster care for children in the provider's own home, or foster care services for adults
in the provider's own home, that disqualification shall be conclusive for purposes of the
licensing action if a request for reconsideration was not submitted within 30 calendar days
of the individual's receipt of the notice of disqualification.

(c) If a determination that the information relied upon to disqualify an individual
was correct and is conclusive under this section, and the individual is subsequently
disqualified under section 245C.15, the individual has a right to request reconsideration
on the risk of harm under section 245C.21. Subsequent determinations regarding the
risk of harm shall be made according to section 245C.22 and are not subject to another
hearing under section 256.045 or chapter 14.

Sec. 9.

Minnesota Statutes 2006, section 256.045, subdivision 3, is amended to read:

Subd. 3.

State agency hearings.

(a) State agency hearings are available for the
following: (1) any person applying for, receiving or having received public assistance,
medical care, or a program of social services granted by the state agency or a county
agency or the federal Food Stamp Act whose application for assistance is denied, not acted
upon with reasonable promptness, or whose assistance is suspended, reduced, terminated,
or claimed to have been incorrectly paid; (2) any patient or relative aggrieved by an
order of the commissioner under section 252.27; (3) a party aggrieved by a ruling of a
prepaid health plan; (4) except as provided under chapter 245C, any individual or facility
determined by a lead agency to have maltreated a vulnerable adult under section 626.557
after they have exercised their right to administrative reconsideration under section
626.557; (5) any person whose claim for foster care payment according to a placement of
the child resulting from a child protection assessment under section 626.556 is denied or
not acted upon with reasonable promptness, regardless of funding source; (6) any person
to whom a right of appeal according to this section is given by other provision of law;
(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver
under section 256B.15; (8) an applicant aggrieved by an adverse decision to an application
or redetermination for a Medicare Part D prescription drug subsidy under section 256B.04,
subdivision 4a; (9) except as provided under chapter 245A, an individual or facility
determined to have maltreated a minor under section 626.556, after the individual or
facility has exercised the right to administrative reconsideration under section 626.556;
or (10) except as provided under chapter 245C, an individual disqualified under sections
245C.14 and 245C.15, on the basis of serious or recurring maltreatment; deleted text begin a preponderance
of thedeleted text end new text begin clear and convincingnew text end evidence that the individual has committed an act or acts that
meet the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or
for failing to make reports required under section 626.556, subdivision 3, or 626.557,
subdivision 3. Hearings regarding a maltreatment determination under clause (4) or (9)
and a disqualification under this clause in which the basis for a disqualification is serious
or recurring maltreatment, which has not been set aside under sections 245C.22 and
245C.23, shall be consolidated into a single fair hearing. In such cases, the scope of review
by the human services referee shall include both the maltreatment determination and the
disqualification. The failure to exercise the right to an administrative reconsideration shall
not be a bar to a hearing under this section if federal law provides an individual the right to
a hearing to dispute a finding of maltreatment. Individuals and organizations specified in
this section may contest the specified action, decision, or final disposition before the state
agency by submitting a written request for a hearing to the state agency within 30 days
after receiving written notice of the action, decision, or final disposition, or within 90 days
of such written notice if the applicant, recipient, patient, or relative shows good cause why
the request was not submitted within the 30-day time limit.

The hearing for an individual or facility under clause (4), (9), or (10) is the only
administrative appeal to the final agency determination specifically, including a challenge
to the accuracy and completeness of data under section 13.04. Hearings requested under
clause (4) apply only to incidents of maltreatment that occur on or after October 1, 1995.
Hearings requested by nursing assistants in nursing homes alleged to have maltreated a
resident prior to October 1, 1995, shall be held as a contested case proceeding under the
provisions of chapter 14. Hearings requested under clause (9) apply only to incidents of
maltreatment that occur on or after July 1, 1997. A hearing for an individual or facility
under clause (9) is only available when there is no juvenile court or adult criminal action
pending. If such action is filed in either court while an administrative review is pending,
the administrative review must be suspended until the judicial actions are completed. If
the juvenile court action or criminal charge is dismissed or the criminal action overturned,
the matter may be considered in an administrative hearing.

For purposes of this section, bargaining unit grievance procedures are not an
administrative appeal.

The scope of hearings involving claims to foster care payments under clause (5) shall
be limited to the issue of whether the county is legally responsible for a child's placement
under court order or voluntary placement agreement and, if so, the correct amount of
foster care payment to be made on the child's behalf and shall not include review of the
propriety of the county's child protection determination or child placement decision.

(b) A vendor of medical care as defined in section 256B.02, subdivision 7, or a
vendor under contract with a county agency to provide social services is not a party and
may not request a hearing under this section, except if assisting a recipient as provided in
subdivision 4.

(c) An applicant or recipient is not entitled to receive social services beyond the
services prescribed under chapter 256M or other social services the person is eligible
for under state law.

(d) The commissioner may summarily affirm the county or state agency's proposed
action without a hearing when the sole issue is an automatic change due to a change in
state or federal law.

Sec. 10.

Minnesota Statutes 2006, section 256.045, subdivision 3b, is amended to read:

Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

(a) The state human services referee shall determine that maltreatment has occurred if a
preponderance of evidence exists to support the final disposition under sections 626.556
and 626.557. For purposes of hearings regarding disqualification, the state human services
referee shall affirm the proposed disqualification in an appeal under subdivision 3,
paragraph (a), clause (9), if deleted text begin a preponderance of the evidence shows the individual hasdeleted text end :

(1) new text begin a preponderance of the evidence shows the individual has new text end committed
maltreatment under section 626.556 or 626.557, which is serious or recurring;

(2) new text begin clear and convincing evidence shows the individual has new text end committed an act or acts
meeting the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or

(3) new text begin a preponderance of the evidence shows the individual has new text end failed to make required
reports under section 626.556 or 626.557, for incidents in which the final disposition under
section 626.556 or 626.557 was substantiated maltreatment that was serious or recurring.

(b) If the disqualification is affirmed, the state human services referee shall
determine whether the individual poses a risk of harm in accordance with the requirements
of section 245C.16, and whether the disqualification should be set aside or not set aside.
In determining whether the disqualification should be set aside, the human services
referee shall consider all of the characteristics that cause the individual to be disqualified,
including those characteristics that were not subject to review under paragraph (a), in
order to determine whether the individual poses a risk of harm. A decision to set aside
a disqualification that is the subject of the hearing constitutes a determination that the
individual does not pose a risk of harm and that the individual may provide direct contact
services in the individual program specified in the set aside. If a determination that the
information relied upon to disqualify an individual was correct and is conclusive under
section 245C.29, and the individual is subsequently disqualified under section 245C.14,
the individual has a right to again request reconsideration on the risk of harm under section
245C.21. Subsequent determinations regarding risk of harm are not subject to another
hearing under this section.

(c) The state human services referee shall recommend an order to the commissioner
of health, education, or human services, as applicable, who shall issue a final order. The
commissioner shall affirm, reverse, or modify the final disposition. Any order of the
commissioner issued in accordance with this subdivision is conclusive upon the parties
unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal
under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.46,
the commissioner's determination as to maltreatment is conclusive, as provided under
section 245C.29.

Sec. 11.

Minnesota Statutes 2006, section 259.20, subdivision 1, is amended to read:

Subdivision 1.

Policy and purpose.

The policy of the state of Minnesota and the
purpose of sections 259.20 to 259.69 is to ensure:

(1) that the best interests of deleted text begin childrendeleted text end new text begin adopted personsnew text end are met in the planning and
granting of adoptions; and

(2) that laws and practices governing adoption recognize the diversity of Minnesota's
population and the diverse needs of persons affected by adoption.

Sec. 12.

Minnesota Statutes 2006, section 259.21, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Adult adoption. new text end

new text begin "Adult adoption" means the adoption of a person
at least 18 years of age.
new text end

Sec. 13.

Minnesota Statutes 2006, section 259.22, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Childrendeleted text end new text begin Persons new text end who may be adopted.

No petition for adoption shall be
filed unless the deleted text begin childdeleted text end new text begin person new text end sought to be adopted has been placed by the commissioner
of human services, the commissioner's agent, or a licensed child-placing agency. The
provisions of this subdivision shall not apply if

(a) the deleted text begin childdeleted text end new text begin person to be adoptednew text end is over 14 years of age;

(b) the child is sought to be adopted by an individual who is related to the child, as
defined by section 245A.02, subdivision 13;

(c) the child has been lawfully placed under the laws of another state while the child
and petitioner resided in that other state;

(d) the court waives the requirement of this subdivision in the best interests of the
child or petitioners, provided that the adoption does not involve a placement as defined in
section 259.21, subdivision 8; or

(e) the child has been lawfully placed under section 259.47.

Sec. 14.

Minnesota Statutes 2006, section 259.23, subdivision 2, is amended to read:

Subd. 2.

Contents of petition.

The petition shall be signed by the petitioner and, if
married, by the spouse. It shall be verified, and filed in duplicate. The petition shall allege:

(a) The full name, age and place of residence of petitioner, and if married, the date
and place of marriage;

(b) The date petitioner acquired physical custody of the child and from what person
or agency;

(c) The date of birth of the deleted text begin childdeleted text end new text begin person to be adoptednew text end , if known, and the state and
county where born;

(d) The name of the child's parents, if known, and the guardian if there be one;

(e) The actual name of the deleted text begin childdeleted text end new text begin person to be adoptednew text end , if known, and any known
aliases;

(f) The name to be given the deleted text begin childdeleted text end new text begin person to be adopted new text end if a change of name is
desired;

(g) The description and value of any real or personal property owned by the deleted text begin childdeleted text end new text begin
person to be adoptednew text end ;

(h) That the petitioner desires that the relationship of parent and child be established
between petitioner and the deleted text begin child, and that it is to thedeleted text end new text begin person to be adopted and that adoption
is in thenew text end best interests of the deleted text begin child for the childdeleted text end new text begin personnew text end to be adopted by the petitioner.

In agency placements, the information required in clauses (d) and (e) shall not
be required to be alleged in the petition but shall be transmitted to the court by the
commissioner of human services or the agency.

Sec. 15.

new text begin [259.241] ADULT ADOPTION.
new text end

new text begin (a) Any adult person may be adopted, regardless of his or her residence. A resident
of Minnesota may petition the court of record having jurisdiction of adoption proceedings
to adopt an individual who has reached the age of 18 years or older.
new text end

new text begin (b) The consent of the person to be adopted shall be the only consent necessary,
according to section 259.24. The consent of an adult in his or her own adoption is invalid
if the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21,
or if the person consenting to the adoption is determined not competent to give consent.
new text end

new text begin (c) The decree of adoption establishes a parent-child relationship between the
adopting parent or parents and the person adopted, including the right to inherit, and also
terminates the parental rights and sibling relationship between the adopted person and the
adopted person's birth parents and siblings according to section 259.59.
new text end

new text begin (d) If the adopted person requests a change of name, the adoption decree shall
order the name change.
new text end

Sec. 16.

Minnesota Statutes 2007 Supplement, section 259.41, subdivision 1, is
amended to read:

Subdivision 1.

Study required before placement; certain relatives excepted.

(a)
An approved adoption study; completed background study, as required under section
245C.33; and written report must be completed before the child is placed in a prospective
adoptive home under this chapter, except as allowed by section 259.47, subdivision 6.
In an agency placement, the report must be filed with the court at the time the adoption
petition is filed. In a direct adoptive placement, the report must be filed with the court in
support of a motion for temporary preadoptive custody under section 259.47, subdivision
3, or, if the study and report are complete, in support of an emergency order under section
259.47, subdivision 6. The study and report shall be completed by a licensed child-placing
agency and must be thorough and comprehensive. The study and report shall be paid for
by the prospective adoptive parent, except as otherwise required under section new text begin 256.01,
subdivision 2, paragraph (h), new text end 259.67new text begin ,new text end or 259.73.

(b) A placement for adoption with an individual who is related to the child, as
defined by section 245A.02, subdivision 13, is deleted text begin notdeleted text end subject to deleted text begin this section except asdeleted text end new text begin the
background study new text end required deleted text begin by sections deleted text end deleted text begin and deleted text end deleted text begin 259.53, subdivision 2deleted text end deleted text begin , paragraph (c).
deleted text end new text begin by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the
case of a stepparent adoption, a background study must be completed on the stepparent
and any children as required under subdivision 3, paragraph (b), except that a child of
the stepparent does not need to have a background study complete if they are a sibling
through birth or adoption of the person being adopted. The local social services agency
of the county in which the prospective adoptive parent lives must initiate a background
study unless a child-placing agency has been involved with the adoption. The local social
service agency may charge a reasonable fee for the background study. If a placement is
being made the background study must be completed prior to placement pursuant to
section 259.29, subdivision 1, paragraph (c). Background study results must be filed with
the adoption petition according to section 259.22, except in an adult adoption where an
adoption study and background study are not needed.
new text end

(c) In the case of a licensed foster parent seeking to adopt a child who is in the foster
parent's care, any portions of the foster care licensing process that duplicate requirements
of the home study may be submitted in satisfaction of the relevant requirements of this
section.

Sec. 17.

Minnesota Statutes 2006, section 259.43, is amended to read:

259.43 BIRTH PARENT HISTORY; COMMISSIONER'S FORM.

In any adoption under this chapter, except a stepparent new text begin or an adult new text end adoptionnew text begin under
section 259.241new text end , a birth parent or an agencynew text begin , if an agency placement,new text end shall provide a
prospective adoptive parent with a new text begin complete, thorough, new text end detailednew text begin , and currentnew text end social and
medical history of the deleted text begin birth familiesdeleted text end new text begin child being adoptednew text end , if new text begin information is new text end known after
reasonable inquiry. Each deleted text begin birth familydeleted text end new text begin child social and medical new text end history must be provided
on a form new text begin or forms new text end prepared by the commissioner new text begin and must include background and health
history specific to the child, the child's birth parents, and the child's other birth relatives.
Applicable background and health information about the child includes: the child's current
health condition, behavior, and demeanor; placement history; education history; sibling
information; and birth, medical, dental, and immunization information. Redacted copies of
pertinent records, assessments, and evaluations shall be attached to the child's social and
medical history. Applicable background information about the child's birth parents and
other birth relatives includes: general background information; education and employment
history; physical health and mental health history; and reasons for the child's placement.
The child's social and medical history shall be completed new text end in a manner deleted text begin sodeleted text end that deleted text begin the completed
formdeleted text end protects the identities of all individuals described in it. The commissioner shall make
the form available to agencies and court administrators for public distribution. The deleted text begin birth
familydeleted text end new text begin child's social and medical new text end history must be new text begin provided to the prospective adoptive
family prior to adoptive placement, provided to the Department of Human Services
with application for adoption assistance, if applicable, and new text end filed with the court when the
adoption petition is fileddeleted text begin , or,deleted text end new text begin .new text end In a direct adoptive placement, new text begin the child's social and medical
history must be filed with the court new text end with the motion for temporary preadoptive custody.

Sec. 18.

Minnesota Statutes 2006, section 259.52, subdivision 2, is amended to read:

Subd. 2.

Requirement to search registry before adoption petition can be
granted; proof of search.

No petition for adoption may be granted unless the agency
supervising the adoptive placement, the birth mother of the child, or, in the case of a
stepparent or relative adoption, the county agency responsible for the report required
under section 259.53, subdivision 1, requests that the commissioner of health search the
registry to determine whether a putative father is registered in relation to a child who is
or may be the subject of an adoption petition. The search required by this subdivision
must be conducted no sooner than 31 days following the birth of the child. A search
of the registry may be proven by the production of a certified copy of the registration
form or by a certified statement of the commissioner of health that after a search no
registration of a putative father in relation to a child who is or may be the subject of
an adoption petition could be located. new text begin The filing of a certified copy of an order from a
juvenile protection matter under chapter 260C containing a finding that certification of the
requisite search of the Minnesota Fathers' Adoption Registry was filed with the court in
that matter shall also constitute proof of search. new text end Certification that the fathers' adoption
registry has been searched must be filed with the court prior to entry of any final order of
adoption. In addition to the search required by this subdivision, the agency supervising
the adoptive placement, the birth mother of the child, or, in the case of a stepparent or
relative adoption, the deleted text begin countydeleted text end new text begin social services new text end agency responsible for the report under
section 259.53, subdivision 1, new text begin or the responsible social services agency that is a petitioner
in a juvenile protection matter under chapter 260C new text end may request that the commissioner
of health search the registry at any time.

Sec. 19.

Minnesota Statutes 2006, section 259.53, subdivision 3, is amended to read:

Subd. 3.

Reports and records.

(a) The contents of all reports and records of the
commissioner of human services, local social services agency, or child-placing agency
bearing on the suitability of the proposed adoptive home and the child to each other shall
not be disclosed either directly or indirectly to any person other than the commissioner of
human servicesnew text begin , the child's guardian ad litem appointed under: (1) section 260C.163 when
the guardian's appointment continues under section 260C.317, subdivision 3, paragraph
(b); or (2) section 259.65new text end or a judge of the court having jurisdiction of the matter, except
as provided in paragraph (b).

(b) A judge of the court having jurisdiction of the matter shall upon request disclose
to a party to the proceedings or the party's counsel any portion of a report or record that
relates only to the suitability of the proposed adoptive parents. In this disclosure, the judge
may withhold the identity of individuals providing information in the report or record.
When the judge is considering whether to disclose the identity of individuals providing
information, the agency with custody of the report or record shall be permitted to present
reasons for or against disclosure.

Sec. 20.

Minnesota Statutes 2007 Supplement, section 259.57, subdivision 1, is
amended to read:

Subdivision 1.

Findings; orders.

Upon the hearing,

(a) if the court finds that it is in the best interests of the deleted text begin childdeleted text end new text begin person to be adopted
new text end that the petition be granted, a decree of adoption shall be made and recorded in the office
of the court administrator, ordering that henceforth the deleted text begin childdeleted text end new text begin person to be adopted new text end shall
be the child of the petitioner. In the decree the court may change the name of the deleted text begin childdeleted text end
new text begin adopted person new text end if desired. After the decree is granted for deleted text begin a childdeleted text end new text begin an adopted person new text end who is:

(1) under the guardianship of the commissioner or a licensed child-placing agency
according to section 260C.201, subdivision 11, or 260C.317;

(2) placed by the commissioner, commissioner's agent, or licensed child-placing
agency after a consent to adopt according to section 259.24 or under an agreement
conferring authority to place for adoption according to section 259.25; or

(3) adopted after a direct adoptive placement ordered by the district court under
section 259.47,

the court administrator shall immediately mail a copy of the recorded decree to the
commissioner of human services;

(b) if the court is not satisfied that the proposed adoption is in the best interests of
the deleted text begin childdeleted text end new text begin person to be adoptednew text end , the court shall deny the petition, and new text begin in the case of a child
new text end shall order the child returned to the custody of the person or agency legally vested with
permanent custody or certify the case for appropriate action and disposition to the court
having jurisdiction to determine the custody and guardianship of the child.

Sec. 21.

Minnesota Statutes 2006, section 259.59, subdivision 1, is amended to read:

Subdivision 1.

Legal effect.

Upon adoption, the deleted text begin childdeleted text end new text begin adopted person new text end shall become
the legal child of the adopting persons and they shall become the legal parents of the child
with all the rights and duties between them of birth parents and legitimate child. By virtue
of the adoption the deleted text begin childdeleted text end new text begin adopted person new text end shall inherit from the adoptive parents or their
relatives the same as though the deleted text begin childdeleted text end new text begin adopted person new text end were the natural child of the parents,
and in case of the deleted text begin child'sdeleted text end new text begin adopted person's new text end death intestate the adoptive parents and their
relatives shall inherit the deleted text begin child'sdeleted text end new text begin adopted person's new text end estate as if deleted text begin theydeleted text end new text begin the adopted person new text end had
been the child's birth parents and relatives. After a decree of adoption is entered the birth
parents of an adopted deleted text begin childdeleted text end new text begin person new text end shall be relieved of all parental responsibilities for the
deleted text begin childdeleted text end new text begin adopted personnew text end , and they shall not exercise or have any rights over the adopted
deleted text begin childdeleted text end new text begin person new text end or the deleted text begin child'sdeleted text end new text begin adopted person's new text end property. The deleted text begin childdeleted text end new text begin adopted person new text end shall not
owe the birth parents or their relatives any legal duty nor shall the deleted text begin childdeleted text end new text begin adopted person
new text end inherit from the birth parents or kindred, except as provided in subdivision 1a and section
257C.08, subdivision 6.

Sec. 22.

Minnesota Statutes 2006, section 259.59, subdivision 2, is amended to read:

Subd. 2.

Enrollment in American Indian tribe.

Notwithstanding the provisions of
subdivision 1, the adoption of a deleted text begin childdeleted text end new text begin person new text end whose birth parent or parents are enrolled in
an American Indian tribe shall not change the deleted text begin child'sdeleted text end new text begin person'snew text end enrollment in that tribe.

Sec. 23.

Minnesota Statutes 2006, section 259.67, subdivision 2, is amended to read:

Subd. 2.

Adoption assistance agreement.

The placing agency shall certify a child
as eligible for adoption assistance according to rules promulgated by the commissioner.
The placing agency shall not certify a child who remains under the jurisdiction of the
sending agency pursuant to section 260.851, article 5, for state-funded adoption assistance
when Minnesota is the receiving state. Not later than 30 days after a parent or parents are
found and approved for adoptive placement of a child certified as eligible for adoption
assistance, and before the final decree of adoption is issued, a written agreement must be
entered into by the commissioner, the adoptive parent or parents, and the placing agency.
The written agreement must be fully completed by the placing agency and in the form
prescribed by the commissioner and must set forth the responsibilities of all parties, the
anticipated duration of the adoption assistance payments, and the payment terms. The
adoption assistance agreement shall be subject to the commissioner's approval, which
must be granted or denied not later than 15 days after the agreement is entered.

The amount of adoption assistance is subject to the availability of state and federal
funds and shall be determined through agreement with the adoptive parents. The
agreement shall take into consideration the circumstances of the adopting parent or
parents, the needs of the child being adopted and may provide ongoing monthly assistance,
supplemental maintenance expenses related to the deleted text begin adopted person'sdeleted text end new text begin child'snew text end special needs,
nonmedical expenses periodically necessary for purchase of services, items, or equipment
related to the special needs, and medical expenses. The placing agency or the adoptive
parent or parents shall provide written documentation to support the need for adoption
assistance payments. The commissioner may require periodic reevaluation of adoption
assistance payments. The amount of ongoing monthly adoption assistance granted may
in no case exceed that which would be allowable for the child under foster family care
and is subject to the availability of state and federal funds.

Sec. 24.

Minnesota Statutes 2006, section 259.67, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Annual affidavitdeleted text end new text begin Modification or termination of the adoption assistance
agreementnew text end .

deleted text begin When adoption assistance agreements are for more than one year, the adoptive
parents or guardian or conservator shall annually present an affidavit stating whether the
adopted person remains under their care and whether the need for adoption assistance
continues to exist. The commissioner may verify the affidavit.deleted text end The adoption assistance
agreement shall continue in accordance with its terms as long as the need for adoption
assistance continues and the adopted deleted text begin persondeleted text end new text begin childnew text end is the legal or financial dependent of the
adoptive parent or parents or guardian or conservator and is under 18 years of age. The
adoption assistance agreement may be extended to age 22 as allowed by rules adopted
by the commissioner. Termination or modification of the adoption assistance agreement
may be requested by the adoptive parents or subsequent guardian or conservator at any
time. When the commissioner determines that a child is eligible for adoption assistance
under Title IV-E of the Social Security Act, United States Code, title 42, sections 670 to
679a, the commissioner shall modify the adoption assistance agreement in order to obtain
the funds under that act.

Sec. 25.

Minnesota Statutes 2006, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Recovery of overpayments. new text end

new text begin An amount of adoption assistance paid to
an adoptive parent in excess of the payment due is recoverable by the commissioner,
even when the overpayment was caused by agency error or circumstances outside the
responsibility and control of the family or provider. The commissioner shall adopt
rules that govern the recovery of overpayment. Adoption assistance amounts covered
by this subdivision include basic maintenance needs payments, monthly supplemental
maintenance needs payments, reimbursement of nonrecurring adoption expenses,
reimbursement of special nonmedical costs, and reimbursement of medical costs.
new text end

Sec. 26.

Minnesota Statutes 2007 Supplement, section 259.67, subdivision 4, is
amended to read:

Subd. 4.

Eligibility conditions.

(a) The placing agency shall use the AFDC
requirements as specified in federal law as of July 16, 1996, when determining the child's
eligibility for adoption assistance under title IV-E of the Social Security Act. If the child
does not qualify, the placing agency shall certify a child as eligible for state funded
adoption assistance only if the following criteria are met:

(1) Due to the child's characteristics or circumstances it would be difficult to provide
the child an adoptive home without adoption assistance.

(2)(i) A placement agency has made reasonable efforts to place the child for adoption
without adoption assistance, but has been unsuccessful; deleted text begin or
deleted text end

(ii) the child's licensed foster parents desire to adopt the child and it is determined by
the placing agency that the adoption is in the best interest of the childnew text begin ; or
new text end

new text begin (iii) the child's relative, as defined in section 260C.007, subdivision 27, desires to
adopt the child, and it is determined by the placing agency that the adoption is in the
best interest of the childnew text end .

(3)(i) The child deleted text begin has beendeleted text end new text begin is new text end a ward of the commissionerdeleted text begin , a Minnesota-licensed
child-placing agency,deleted text end or a tribal social service agency of Minnesota recognized by the
Secretary of the Interior; or (ii) the child will be adopted according to tribal law without a
termination of parental rights or relinquishment, provided that the tribe has documented
the valid reason why the child cannot or should not be returned to the home of the child's
parent. The placing agency shall not certify a child who remains under the jurisdiction
of the sending agency pursuant to section 260.851, article 5, for state-funded adoption
assistance when Minnesota is the receiving state.new text begin A child who is adopted by the child's
legal custodian or guardian shall not be eligible for state-funded adoption assistance.
new text end

(b) deleted text begin For purposes of this subdivision,deleted text end The characteristics or circumstances that may be
considered in determining whether a child deleted text begin is a child with special needs under United States
Code, title 42, chapter 7, subchapter IV, part E, ordeleted text end meets the requirements of paragraph (a),
clause (1), new text begin or section 473(c)(2)(A) of the Social Security Act, new text end are the following:

(1) The child is a member of a sibling group to be placed as one unit in which at
least one sibling is older than 15 months of age or is described in clause (2) or (3).

(2) The child has documented physical, mental, emotional, or behavioral disabilities.

(3) The child has a high risk of developing physical, mental, emotional, or behavioral
disabilities.

(4) The child is five years of age or older.

(c) When a child's eligibility for adoption assistance is based upon the high risk of
developing physical, mental, emotional, or behavioral disabilities, payments shall not be
made under the adoption assistance agreement unless and until the potential disability
manifests itself as documented by an appropriate health care professional.

Sec. 27.

Minnesota Statutes 2006, section 259.75, subdivision 5, is amended to read:

Subd. 5.

Withdrawal of registration.

A child's registration shall be withdrawn
when the exchange service has been notified in writing by the local social service agency
deleted text begin anddeleted text end new text begin or new text end the licensed child-placing agency that the child has been deleted text begin adopted, has become 14
years old and will not consent to an adoption plan,deleted text end new text begin placed in an adoptive home new text end or has died.

Sec. 28.

Minnesota Statutes 2006, section 259.89, subdivision 1, is amended to read:

Subdivision 1.

Request.

An adopted person who is 19 years of age or over may
request the commissioner of health to disclose the information on the adopted person's
original birth record. The commissioner of health shall, within five days of receipt of the
request, notify the commissioner of human services new text begin agent or licensed child-placing agency
when known or the commissioner of human services when the agency is not known new text end in
writing of the request by the adopted person.

Sec. 29.

Minnesota Statutes 2006, section 259.89, subdivision 2, is amended to read:

Subd. 2.

Search.

Within six months after receiving notice of the request of
the adopted person, the commissioner of human deleted text begin servicesdeleted text end new text begin services' agent or a licensed
child-placing agency new text end shall make complete and reasonable efforts to notify each parent
identified on the original birth record of the adopted person. The commissioner, the
commissioner's agents, and licensed child-placing agencies may charge a reasonable
fee to the adopted person for the cost of making a search pursuant to this subdivision.
Every licensed child-placing agency in the state shall cooperate with the commissioner of
human services in efforts to notify an identified parent. All communications under this
subdivision are confidential pursuant to section 13.02, subdivision 3.

For purposes of this subdivision, "notify" means a personal and confidential contact
with the birth parents named on the original birth record of the adopted person. The
contact deleted text begin shall not be by mail anddeleted text end shall be by an employee or agent of the licensed
child-placing agency which processed the pertinent adoption or some other licensed
child-placing agency designated by the commissioner of human servicesnew text begin when it is
determined to be reasonable by the commissioner; otherwise contact shall be by mail or
telephonenew text end . The contact shall be evidenced by filing with the commissioner of health an
affidavit of notification executed by the person who notified each parent certifying that
each parent was given the following information:

deleted text begin (a)deleted text end new text begin (1)new text end the nature of the information requested by the adopted person;

deleted text begin (b)deleted text end new text begin (2)new text end the date of the request of the adopted person;

deleted text begin (c)deleted text end new text begin (3)new text end the right of the parent to file, within 30 days of receipt of the notice, an
affidavit with the commissioner of health stating that the information on the original birth
record should not be disclosed;

deleted text begin (d)deleted text end new text begin (4)new text end the right of the parent to file a consent to disclosure with the commissioner
of health at any time; and

deleted text begin (e)deleted text end new text begin (5)new text end the effect of a failure of the parent to file either a consent to disclosure or an
affidavit stating that the information on the original birth record should not be disclosed.

Sec. 30.

Minnesota Statutes 2006, section 259.89, subdivision 4, is amended to read:

Subd. 4.

Release of information after notice.

If, within six months, the
commissioner of human deleted text begin services certifiesdeleted text end new text begin services' agent or licensed child-placing agency
document new text end to the commissioner of health notification of each parent identified on the
original birth record pursuant to subdivision 2, the commissioner of health shall disclose
the information requested by the adopted person 31 days after the date of the latest notice
to either parent. This disclosure will occur if, at any time during the 31 days both of
the parents identified on the original birth record have filed a consent to disclosure with
the commissioner of health and neither consent to disclosure has been revoked by the
subsequent filing by a parent of an affidavit stating that the information should not be
disclosed. If only one parent has filed a consent to disclosure and the consent has not been
revoked, the commissioner of health shall disclose, to the adopted person, original birth
record information on the consenting parent only.

Sec. 31.

Minnesota Statutes 2006, section 259.89, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Adult adoptions. new text end

new text begin Notwithstanding section 144.218, a person adopted
as an adult shall be permitted to access the person's birth records that existed prior to
the adult adoption. Access to the existing birth records shall be the same access that
was permitted prior to the adult adoption.
new text end

Sec. 32.

Minnesota Statutes 2006, section 260.795, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Revenue enhancementdeleted text end new text begin Indian child welfare positionnew text end .

deleted text begin The commissioner
shall submit claims for federal reimbursement earned through the activities and services
supported through Indian child welfare grants. The commissioner may set aside a
portion of the federal funds earned under this subdivision to establish and support a new
Indian child welfare position in the Department of Human Services to provide program
development. The commissioner shall use any federal revenue not set aside to expand
services under section 260.785. The federal revenue earned under this subdivision is
available for these purposes until the funds are expended.deleted text end new text begin The commissioner shall use
Title IV-E administrative reimbursement earned by tribes through the new Social Services
Administrative Tribal Time Study to continue funding the state Indian child welfare
position.
new text end

Sec. 33.

new text begin [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF
CHILDREN.
new text end

new text begin ARTICLE I. PURPOSE
new text end

new text begin The purpose of this Interstate Compact for the Placement of Children is to:
new text end

new text begin A. Provide a process through which children subject to this compact are placed in
safe and suitable homes in a timely manner.
new text end

new text begin B. Facilitate ongoing supervision of a placement, the delivery of services, and
communication between the states.
new text end

new text begin C. Provide operating procedures that will ensure that children are placed in safe and
suitable homes in a timely manner.
new text end

new text begin D. Provide for the promulgation and enforcement of administrative rules
implementing the provisions of this compact and regulating the covered activities of
the member states.
new text end

new text begin E. Provide for uniform data collection and information sharing between member
states under this compact.
new text end

new text begin F. Promote coordination between this compact, the Interstate Compact for Juveniles,
the Interstate Compact on Adoption and Medical Assistance and other compacts affecting
the placement of and which provide services to children otherwise subject to this compact.
new text end

new text begin G. Provide for a state's continuing legal jurisdiction and responsibility for placement
and care of a child that it would have had if the placement were intrastate.
new text end

new text begin H. Provide for the promulgation of guidelines, in collaboration with Indian tribes,
for interstate cases involving Indian children as is or may be permitted by federal law.
new text end

new text begin ARTICLE II. DEFINITIONS
new text end

new text begin As used in this compact,
new text end

new text begin A. "Approved placement" means the public child-placing agency in the receiving
state has determined that the placement is both safe and suitable for the child.
new text end

new text begin B. "Assessment" means an evaluation of a prospective placement by a public
child-placing agency to determine whether the placement meets the individualized needs
of the child, including but not limited to the child's safety and stability, health and
well-being, and mental, emotional, and physical development. An assessment is only
applicable to a placement by a public child-placing agency.
new text end

new text begin C. "Child" means an individual who has not attained the age of eighteen (18).
new text end

new text begin D. "Certification" means to attest, declare or sworn to before a judge or notary public.
new text end

new text begin E. "Default" means the failure of a member state to perform the obligations or
responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate
Commission.
new text end

new text begin F. "Home Study" means an evaluation of a home environment conducted according
to the applicable requirements of the State in which the home is located, and documents
the preparation and the suitability of the placement resource for placement of a child
according to the laws and requirements of the state in which the home is located.
new text end

new text begin G. "Indian tribe" means any Indian tribe, band, nation, or other organized group
or community of Indians recognized as eligible for services provided to Indians by the
Secretary of the Interior because of their status as Indians, including any Alaskan native
village as defined in section 3 (c) of the Alaska Native Claims settlement Act at 43 USC
§1602(c).
new text end

new text begin H. "Interstate Commission for the Placement of Children" means the commission
that is created under Article VIII of this compact and which is generally referred to as the
Interstate Commission.
new text end

new text begin I. "Jurisdiction" means the power and authority of a court to hear and decide matters.
new text end

new text begin J. "Legal Risk Placement" ("Legal Risk Adoption") means a placement made
preliminary to an adoption where the prospective adoptive parents acknowledge in writing
that a child can be ordered returned to the sending state or the birth mother's state of
residence, if different from the sending state and a final decree of adoption shall not be
entered in any jurisdiction until all required consents are obtained or are dispensed with
according to applicable law.
new text end

new text begin K. "Member state" means a state that has enacted this compact.
new text end

new text begin L. "Non-custodial parent" means a person who, at the time of the commencement
of court proceedings in the sending state, does not have sole legal custody of the child
or has joint legal custody of a child, and who is not the subject of allegations or findings
of child abuse or neglect.
new text end

new text begin M. "Non-member state" means a state which has not enacted this compact.
new text end

new text begin N. "Notice of residential placement" means information regarding a placement
into a residential facility provided to the receiving state including, but not limited to the
name, date and place of birth of the child, the identity and address of the parent or legal
guardian, evidence of authority to make the placement, and the name and address of
the facility in which the child will be placed. Notice of residential placement shall also
include information regarding a discharge and any unauthorized absence from the facility.
new text end

new text begin O. "Placement" means the act by a public or private child-placing agency intended
to arrange for the care or custody of a child in another state.
new text end

new text begin P. "Private child-placing agency" means any private corporation, agency, foundation,
institution, or charitable organization, or any private person or attorney that facilitates,
causes, or is involved in the placement of a child from one state to another and that is not
an instrumentality of the state or acting under color of state law.
new text end

new text begin Q. "Provisional placement" means a determination made by the public child-placing
agency in the receiving state that the proposed placement is safe and suitable, and, to the
extent allowable, the receiving state has temporarily waived its standards or requirements
otherwise applicable to prospective foster or adoptive parents so as to not delay the
placement. Completion of an assessment and the receiving state requirements regarding
training for prospective foster or adoptive parents shall not delay an otherwise safe and
suitable placement.
new text end

new text begin R. "Public child-placing agency" means any government child welfare agency or
child protection agency or a private entity under contract with such an agency, regardless
of whether they act on behalf of a state, county, municipality or other governmental unit
and which facilitates, causes, or is involved in the placement of a child from one state
to another.
new text end

new text begin S. "Receiving state" means the state to which a child is sent, brought, or caused to
be sent or brought.
new text end

new text begin T. "Relative" means someone who is related to the child as a parent, step-parent,
sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a
non-relative with such significant ties to the child that they may be regarded as relatives as
determined by the court in the sending state.
new text end

new text begin U. "Residential Facility" means a facility providing a level of care that is sufficient
to substitute for parental responsibility or foster care, and is beyond what is needed for
assessment or treatment of an acute condition. For purposes of the compact, residential
facilities do not include institutions primarily educational in character, hospitals or other
medical facilities.
new text end

new text begin V. "Rule" means a written directive, mandate, standard or principle issued by the
Interstate Commission promulgated pursuant to Article XI of this compact that is of
general applicability and that implements, interprets or prescribes a policy or provision of
the compact. "Rule" has the force and effect of an administrative rule in a member state,
and includes the amendment, repeal, or suspension of an existing rule.
new text end

new text begin W. "Sending state" means the state from which the placement of a child is initiated.
new text end

new text begin X. "Service member's permanent duty station" means the military installation where
an active duty Armed Services member is currently assigned and is physically located
under competent orders that do not specify the duty as temporary.
new text end

new text begin Y. "Service member's state of legal residence" means the state in which the active
duty Armed Services member is considered a resident for tax and voting purposes.
new text end

new text begin Z. "State" means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the
Northern Marianas Islands and any other territory of the United States.
new text end

new text begin AA. "State court" means a judicial body of a state that is vested by law with
responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or
status offenses of individuals who have not attained the age of eighteen (18).
new text end

new text begin BB. "Supervision" means monitoring provided by the receiving state once a child
has been placed in a receiving state pursuant to this compact.
new text end

new text begin ARTICLE III. APPLICABILITY
new text end

new text begin A. Except as otherwise provided in Article III, Section B, this compact shall apply to:
new text end

new text begin 1. The interstate placement of a child subject to ongoing court jurisdiction in the
sending state, due to allegations or findings that the child has been abused, neglected, or
deprived as defined by the laws of the sending state, provided, however, that the placement
of such a child into a residential facility shall only require notice of residential placement
to the receiving state prior to placement.
new text end

new text begin 2. The interstate placement of a child adjudicated delinquent or unmanageable
based on the laws of the sending state and subject to ongoing court jurisdiction of the
sending state if:
new text end

new text begin a. the child is being placed in a residential facility in another member state and
is not covered under another compact; or
new text end

new text begin b. the child is being placed in another member state and the determination of safety
and suitability of the placement and services required is not provided through another
compact.
new text end

new text begin 3. The interstate placement of any child by a public child-placing agency or private
child-placing agency as defined in this compact as a preliminary step to a possible
adoption.
new text end

new text begin B. The provisions of this compact shall not apply to:
new text end

new text begin 1. The interstate placement of a child with a non-relative in a receiving state by a
parent with the legal authority to make such a placement provided, however, that the
placement is not intended to effectuate an adoption.
new text end

new text begin 2. The interstate placement of a child by one relative with the lawful authority to
make such a placement directly with a relative in a receiving state.
new text end

new text begin 3. The placement of a child, not subject to Article III, Section A, into a residential
facility by his parent.
new text end

new text begin 4. The placement of a child with a non-custodial parent provided that:
new text end

new text begin a. The non-custodial parent proves to the satisfaction of a court in the sending state a
substantial relationship with the child; and
new text end

new text begin b. The court in the sending state makes a written finding that placement with the
non-custodial parent is in the best interests of the child; and
new text end

new text begin c. The court in the sending state dismisses its jurisdiction over the child's case.
new text end

new text begin 5. A child entering the United States from a foreign country for the purpose of
adoption or leaving the United States to go to a foreign country for the purpose of
adoption in that country.
new text end

new text begin 6. Cases in which a U.S. citizen child living overseas with his family, at least one
of whom is in the U.S. Armed Services, and who is stationed overseas, is removed and
placed in a state.
new text end

new text begin 7. The sending of a child by a public child-placing agency or a private child-placing
agency for a visit as defined by the rules of the Interstate Commission.
new text end

new text begin C. For purposes of determining the applicability of this compact to the placement of
a child with a family in the Armed Services, the public child-placing agency or private
child-placing agency may choose the state of the service member's permanent duty station
or the service member's declared legal residence.
new text end

new text begin D. Nothing in this compact shall be construed to prohibit the concurrent application
of the provisions of this compact with other applicable interstate compacts including the
Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical
Assistance. The Interstate Commission may in cooperation with other interstate compact
commissions having responsibility for the interstate movement, placement or transfer of
children, promulgate like rules to ensure the coordination of services, timely placement
of children, and the reduction of unnecessary or duplicative administrative or procedural
requirements.
new text end

new text begin ARTICLE IV. JURISDICTION
new text end

new text begin A. Except as provided in Article IV, Section G, concerning private and independent
adoptions, the sending state shall retain jurisdiction over a child with respect to all matters
of custody and disposition of the child which it would have had if the child had remained
in the sending state. Such jurisdiction shall also include the power to order the return
of the child to the sending state.
new text end

new text begin B. When an issue of child protection or custody is brought before a court in the
receiving state, such court shall confer with the court of the sending state to determine the
most appropriate forum for adjudication.
new text end

new text begin C. In accordance with its own laws, the court in the sending state shall have authority
to terminate its jurisdiction if:
new text end

new text begin 1. The child is reunified with the parent in the receiving state who is the subject
of allegations or findings of abuse or neglect, only with the concurrence of the public
child-placing agency in the receiving state; or
new text end

new text begin 2. The child is adopted;
new text end

new text begin 3. The child reaches the age of majority under the laws of the sending state; or
new text end

new text begin 4. The child achieves legal independence pursuant to the laws of the sending state; or
new text end

new text begin 5. A guardianship is created by a court in the receiving state with the concurrence of
the court in the sending state; or
new text end

new text begin 6. An Indian tribe has petitioned for and received jurisdiction from the court in
the sending state; or
new text end

new text begin 7. The public child-placing agency of the sending state requests termination and has
obtained the concurrence of the public child-placing agency in the receiving the state.
new text end

new text begin D. When a sending state court terminates its jurisdiction, the receiving state
child-placing agency shall be notified.
new text end

new text begin E. Nothing in this article shall defeat a claim of jurisdiction by a receiving state
court sufficient to deal with an act of truancy, delinquency, crime or behavior involving a
child as defined by the laws of the receiving state committed by the child in the receiving
state which would be a violation of its laws.
new text end

new text begin F. Nothing in this article shall limit the receiving state's ability to take emergency
jurisdiction for the protection of the child.
new text end

new text begin G. The substantive laws of the state in which an adoption will be finalized shall
solely govern all issues relating to the adoption of the child and the court in which the
adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive
issues relating to the adoption, except:
new text end

new text begin 1. when the child is a ward of another court that established jurisdiction over the
child prior to the placement;
new text end

new text begin 2. when the child is in the legal custody of a public agency in the sending state; or
new text end

new text begin 3. when the court in the sending state has otherwise appropriately assumed
jurisdiction over the child, prior to the submission of the request for approval of placement.
new text end

new text begin ARTICLE V. PLACEMENT EVALUATION
new text end

new text begin A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving
state, the public child-placing agency shall provide a written request for assessment to
the receiving state.
new text end

new text begin B. For placements by a private child-placing agency, a child may be sent or brought,
or caused to be sent or brought, into a receiving state, upon receipt and review of the
required content in a request for approval of a placement in both the sending and receiving
state public child-placing agency. The required content for a request for provisional
approval shall include all of the following:
new text end

new text begin 1. A request for approval identifying the child, birth parents, the prospective adoptive
parents, and the supervising agency, signed by the person requesting approval; and
new text end

new text begin 2. Certification by a licensed attorney or other authorized agent that the consent or
relinquishment is in compliance with the applicable laws of the sending state, or where
permitted the laws of the state where finalization of the adoption will occur; and
new text end

new text begin 3. A home study; and
new text end

new text begin 4. An acknowledgment of legal risk signed by the prospective adoptive parents.
new text end

new text begin C. The sending state and the receiving state may request additional information or
documents prior to finalization of an approved placement, but they may not delay travel
by the prospective adoptive parents with the child if the required content for approval
has been submitted, received, and reviewed by the public child-placing agency in both
the sending state and the receiving state.
new text end

new text begin D. Approval from the public child-placing agency in the receiving state for a
provisional or approved placement is required as provided for in the rules of the Interstate
Commission.
new text end

new text begin E. The procedures for making, and the request for an assessment, shall contain all
information and be in such form as provided for in the rules of the Interstate Commission.
new text end

new text begin F. Upon receipt of a request from the public child-placing agency of the sending
state, the receiving state shall initiate an assessment of the proposed placement to
determine its safety and suitability. If the proposed placement is a placement with a
relative, the public child-placing agency of the sending state may request a determination
for a provisional placement.
new text end

new text begin G. The public child-placing agency in the receiving state may request from the
public child-placing agency or the private child-placing agency in the sending state, and
shall be entitled to receive supporting or additional information necessary to complete
the assessment.
new text end

new text begin ARTICLE VI. PLACEMENT AUTHORITY
new text end

new text begin A. Except as otherwise provided in this compact, no child subject to this compact
shall be placed into a receiving state until approval for such placement is obtained.
new text end

new text begin B. If the public child-placing agency in the receiving state does not approve
the proposed placement then the child shall not be placed. The receiving state shall
provide written documentation of any such determination in accordance with the rules
promulgated by the Interstate Commission. Such determination is not subject to judicial
review in the sending state.
new text end

new text begin C. If the proposed placement is not approved, any interested party shall have
standing to seek an administrative review of the receiving state's determination.
new text end

new text begin 1. The administrative review and any further judicial review associated with
the determination shall be conducted in the receiving state pursuant to its applicable
administrative procedures.
new text end

new text begin 2. If a determination not to approve the placement of the child in the receiving state
is overturned upon review, the placement shall be deemed approved, provided however
that all administrative or judicial remedies have been exhausted or the time for such
remedies has passed.
new text end

new text begin ARTICLE VII. PLACING AGENCY RESPONSIBILITY
new text end

new text begin A. For the interstate placement of a child made by a public child-placing agency
or state court:
new text end

new text begin 1. The public child-placing agency in the sending state shall have financial
responsibility for:
new text end

new text begin a. the ongoing support and maintenance for the child during the period of the
placement, unless otherwise provided for in the receiving state; and
new text end

new text begin b. as determined by the public child-placing agency in the sending state, services for
the child beyond the public services for which the child is eligible in the receiving state.
new text end

new text begin 2. The receiving state shall only have financial responsibility for:
new text end

new text begin a. any assessment conducted by the receiving state; and
new text end

new text begin b. supervision conducted by the receiving state at the level necessary to support
the placement as agreed upon by the public child-placing agencies of the receiving and
sending state.
new text end

new text begin 3. Nothing in this provision shall prohibit public child-placing agencies in the
sending state from entering into agreements with licensed agencies or persons in the
receiving state to conduct assessments and provide supervision.
new text end

new text begin B. For the placement of a child by a private child-placing agency preliminary to a
possible adoption, the private child-placing agency shall be:
new text end

new text begin 1. Legally responsible for the child during the period of placement as provided for in
the law of the sending state until the finalization of the adoption.
new text end

new text begin 2. Financially responsible for the child absent a contractual agreement to the
contrary.
new text end

new text begin C. The public child-placing agency in the receiving state shall provide timely
assessments, as provided for in the rules of the Interstate Commission.
new text end

new text begin D. The public child-placing agency in the receiving state shall provide, or arrange
for the provision of, supervision and services for the child, including timely reports,
during the period of the placement.
new text end

new text begin E. Nothing in this compact shall be construed as to limit the authority of the public
child-placing agency in the receiving state from contracting with a licensed agency or
person in the receiving state for an assessment or the provision of supervision or services
for the child or otherwise authorizing the provision of supervision or services by a licensed
agency during the period of placement.
new text end

new text begin F. Each member state shall provide for coordination among its branches of
government concerning the state's participation in, and compliance with, the compact and
Interstate Commission activities, through the creation of an advisory council or use of an
existing body or board.
new text end

new text begin G. Each member state shall establish a central state compact office, which shall
be responsible for state compliance with the compact and the rules of the Interstate
Commission.
new text end

new text begin H. The public child-placing agency in the sending state shall oversee compliance
with the provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) for placements
subject to the provisions of this compact, prior to placement.
new text end

new text begin I. With the consent of the Interstate Commission, states may enter into limited
agreements that facilitate the timely assessment and provision of services and supervision
of placements under this compact.
new text end

new text begin ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN
new text end

new text begin The member states hereby establish, by way of this compact, a commission known
as the "Interstate Commission for the Placement of Children." The activities of the
Interstate Commission are the formation of public policy and are a discretionary state
function. The Interstate Commission shall:
new text end

new text begin A. Be a joint commission of the member states and shall have the responsibilities,
powers and duties set forth herein, and such additional powers as may be conferred upon it
by subsequent concurrent action of the respective legislatures of the member states.
new text end

new text begin B. Consist of one commissioner from each member state who shall be appointed by
the executive head of the state human services administration with ultimate responsibility
for the child welfare program. The appointed commissioner shall have the legal authority
to vote on policy related matters governed by this compact binding the state.
new text end

new text begin 1. Each member state represented at a meeting of the Interstate Commission is
entitled to one vote.
new text end

new text begin 2. A majority of the member states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the Interstate Commission.
new text end

new text begin 3. A representative shall not delegate a vote to another member state.
new text end

new text begin 4. A representative may delegate voting authority to another person from their state
for a specified meeting.
new text end

new text begin C. In addition to the commissioners of each member state, the Interstate Commission
shall include persons who are members of interested organizations as defined in the bylaws
or rules of the Interstate Commission. Such members shall be ex officio and shall not be
entitled to vote on any matter before the Interstate Commission.
new text end

new text begin D. Establish an executive committee which shall have the authority to administer
the day-to-day operations and administration of the Interstate Commission. It shall not
have the power to engage in rulemaking.
new text end

new text begin ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
new text end

new text begin The Interstate Commission shall have the following powers:
new text end

new text begin A. To promulgate rules and take all necessary actions to effect the goals, purposes
and obligations as enumerated in this compact.
new text end

new text begin B. To provide for dispute resolution among member states.
new text end

new text begin C. To issue, upon request of a member state, advisory opinions concerning the
meaning or interpretation of the interstate compact, its bylaws, rules or actions.
new text end

new text begin D. To enforce compliance with this compact or the bylaws or rules of the Interstate
Commission pursuant to Article XII.
new text end

new text begin E. Collect standardized data concerning the interstate placement of children subject
to this compact as directed through its rules which shall specify the data to be collected,
the means of collection and data exchange and reporting requirements.
new text end

new text begin F. To establish and maintain offices as may be necessary for the transacting of its
business.
new text end

new text begin G. To purchase and maintain insurance and bonds.
new text end

new text begin H. To hire or contract for services of personnel or consultants as necessary to
carry out its functions under the compact and establish personnel qualification policies,
and rates of compensation.
new text end

new text begin I. To establish and appoint committees and officers including, but not limited to, an
executive committee as required by Article X.
new text end

new text begin J. To accept any and all donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose thereof.
new text end

new text begin K. To lease, purchase, accept contributions or donations of, or otherwise to own,
hold, improve or use any property, real, personal, or mixed.
new text end

new text begin L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal or mixed.
new text end

new text begin M. To establish a budget and make expenditures.
new text end

new text begin N. To adopt a seal and bylaws governing the management and operation of the
Interstate Commission.
new text end

new text begin O. To report annually to the legislatures, governors, the judiciary, and state advisory
councils of the member states concerning the activities of the Interstate Commission
during the preceding year. Such reports shall also include any recommendations that may
have been adopted by the Interstate Commission.
new text end

new text begin P. To coordinate and provide education, training and public awareness regarding the
interstate movement of children for officials involved in such activity.
new text end

new text begin Q. To maintain books and records in accordance with the bylaws of the Interstate
Commission.
new text end

new text begin R. To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact.
new text end

new text begin ARTICLE X. ORGANIZATION AND OPERATION OF THE
INTERSTATE COMMISSION
new text end

new text begin A. Bylaws
new text end

new text begin 1. Within 12 months after the first Interstate Commission meeting, the Interstate
Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate
to carry out the purposes of the compact.
new text end

new text begin 2. The Interstate Commission's bylaws and rules shall establish conditions and
procedures under which the Interstate Commission shall make its information and official
records available to the public for inspection or copying. The Interstate Commission may
exempt from disclosure information or official records to the extent they would adversely
affect personal privacy rights or proprietary interests.
new text end

new text begin B. Meetings
new text end

new text begin 1. The Interstate Commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request of a simple majority of the
member states shall call additional meetings.
new text end

new text begin 2. Public notice shall be given by the Interstate Commission of all meetings and
all meetings shall be open to the public, except as set forth in the rules or as otherwise
provided in the compact. The Interstate Commission and its committees may close a
meeting, or portion thereof, where it determines by two-thirds vote that an open meeting
would be likely to:
new text end

new text begin a. relate solely to the Interstate Commission's internal personnel practices and
procedures; or
new text end

new text begin b. disclose matters specifically exempted from disclosure by federal law; or
new text end

new text begin c. disclose financial or commercial information which is privileged, proprietary or
confidential in nature; or
new text end

new text begin d. involve accusing a person of a crime, or formally censuring a person; or
new text end

new text begin e. disclose information of a personal nature where disclosure would constitute
a clearly unwarranted invasion of personal privacy or physically endanger one or more
persons; or
new text end

new text begin f. disclose investigative records compiled for law enforcement purposes; or
new text end

new text begin g. specifically relate to the Interstate Commission's participation in a civil action
or other legal proceeding.
new text end

new text begin 3. For a meeting, or portion of a meeting, closed pursuant to this provision, the
Interstate Commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exemption provision. The Interstate Commission
shall keep minutes which shall fully and clearly describe all matters discussed in a meeting
and shall provide a full and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed and the record of a roll call vote. All
documents considered in connection with an action shall be identified in such minutes. All
minutes and documents of a closed meeting shall remain under seal, subject to release by a
majority vote of the Interstate Commission or by court order.
new text end

new text begin 4. The bylaws may provide for meetings of the Interstate Commission to be
conducted by telecommunication or other electronic communication.
new text end

new text begin C. Officers and Staff
new text end

new text begin 1. The Interstate Commission may, through its executive committee, appoint or
retain a staff director for such period, upon such terms and conditions and for such
compensation as the Interstate Commission may deem appropriate. The staff director shall
serve as secretary to the Interstate Commission, but shall not have a vote. The staff director
may hire and supervise such other staff as may be authorized by the Interstate Commission.
new text end

new text begin 2. The Interstate Commission shall elect, from among its members, a chairperson
and a vice chairperson of the executive committee and other necessary officers, each of
whom shall have such authority and duties as may be specified in the bylaws.
new text end

new text begin D. Qualified Immunity, Defense and Indemnification
new text end

new text begin 1. The Interstate Commission's staff director and its employees shall be immune
from suit and liability, either personally or in their official capacity, for a claim for damage
to or loss of property or personal injury or other civil liability caused or arising out of or
relating to an actual or alleged act, error, or omission that occurred, or that such person had
a reasonable basis for believing occurred within the scope of Commission employment,
duties, or responsibilities; provided, that such person shall not be protected from suit or
liability for damage, loss, injury, or liability caused by a criminal act or the intentional or
willful and wanton misconduct of such person.
new text end

new text begin a. The liability of the Interstate Commission's staff director and employees
or Interstate Commission representatives, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring within such person's state
may not exceed the limits of liability set forth under the Constitution and laws of that state
for state officials, employees, and agents. The Interstate Commission is considered to
be an instrumentality of the states for the purposes of any such action. Nothing in this
subsection shall be construed to protect such person from suit or liability for damage,
loss, injury, or liability caused by a criminal act or the intentional or willful and wanton
misconduct of such person.
new text end

new text begin b. The Interstate Commission shall defend the staff director and its employees and,
subject to the approval of the Attorney General or other appropriate legal counsel of the
member state shall defend the commissioner of a member state in a civil action seeking
to impose liability arising out of an actual or alleged act, error or omission that occurred
within the scope of Interstate Commission employment, duties or responsibilities, or that
the defendant had a reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or willful and wanton misconduct on
the part of such person.
new text end

new text begin c. To the extent not covered by the state involved, member state, or the Interstate
Commission, the representatives or employees of the Interstate Commission shall be
held harmless in the amount of a settlement or judgment, including attorney's fees and
costs, obtained against such persons arising out of an actual or alleged act, error, or
omission that occurred within the scope of Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for believing occurred within
the scope of Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional or willful and
wanton misconduct on the part of such persons.
new text end

new text begin ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
new text end

new text begin A. The Interstate Commission shall promulgate and publish rules in order to
effectively and efficiently achieve the purposes of the compact.
new text end

new text begin B. Rulemaking shall occur pursuant to the criteria set forth in this article and the
bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform
to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform
Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the
Interstate Commission deems appropriate consistent with due process requirements under
the United States Constitution as now or hereafter interpreted by the U. S. Supreme Court.
All rules and amendments shall become binding as of the date specified, as published with
the final version of the rule as approved by the Interstate Commission.
new text end

new text begin C. When promulgating a rule, the Interstate Commission shall, at a minimum:
new text end

new text begin 1. Publish the proposed rule's entire text stating the reason(s) for that proposed
rule; and
new text end

new text begin 2. Allow and invite any and all persons to submit written data, facts, opinions
and arguments, which information shall be added to the record, and be made publicly
available; and
new text end

new text begin 3. Promulgate a final rule and its effective date, if appropriate, based on input from
state or local officials, or interested parties.
new text end

new text begin D. Rules promulgated by the Interstate Commission shall have the force and effect
of administrative rules and shall be binding in the compacting states to the extent and in
the manner provided for in this compact.
new text end

new text begin E. Not later than 60 days after a rule is promulgated, an interested person may file a
petition in the U.S. District Court for the District of Columbia or in the Federal District
Court where the Interstate Commission's principal office is located for judicial review
of such rule. If the court finds that the Interstate Commission's action is not supported
by substantial evidence in the rulemaking record, the court shall hold the rule unlawful
and set it aside.
new text end

new text begin F. If a majority of the legislatures of the member states rejects a rule, those states
may by enactment of a statute or resolution in the same manner used to adopt the compact
cause that such rule shall have no further force and effect in any member state.
new text end

new text begin G. The existing rules governing the operation of the Interstate Compact on the
Placement of Children superseded by this act shall be null and void no less than 12, but
no more than 24 months after the first meeting of the Interstate Commission created
hereunder, as determined by the members during the first meeting.
new text end

new text begin H. Within the first 12 months of operation, the Interstate Commission shall
promulgate rules addressing the following:
new text end

new text begin 1. Transition rules
new text end

new text begin 2. Forms and procedures
new text end

new text begin 3. Time lines
new text end

new text begin 4. Data collection and reporting
new text end

new text begin 5. Rulemaking
new text end

new text begin 6. Visitation
new text end

new text begin 7. Progress reports/supervision
new text end

new text begin 8. Sharing of information/confidentiality
new text end

new text begin 9. Financing of the Interstate Commission
new text end

new text begin 10. Mediation, arbitration and dispute resolution
new text end

new text begin 11. Education, training and technical assistance
new text end

new text begin 12. Enforcement
new text end

new text begin 13. Coordination with other interstate compacts
new text end

new text begin I. Upon determination by a majority of the members of the Interstate Commission
that an emergency exists:
new text end

new text begin 1. The Interstate Commission may promulgate an emergency rule only if it is
required to:
new text end

new text begin a. Protect the children covered by this compact from an imminent threat to their
health, safety and well-being; or
new text end

new text begin b. Prevent loss of federal or state funds; or
new text end

new text begin c. Meet a deadline for the promulgation of an administrative rule required by
federal law.
new text end

new text begin 2. An emergency rule shall become effective immediately upon adoption, provided
that the usual rulemaking procedures provided hereunder shall be retroactively applied
to said rule as soon as reasonably possible, but no later than 90 days after the effective
date of the emergency rule.
new text end

new text begin 3. An emergency rule shall be promulgated as provided for in the rules of the
Interstate Commission.
new text end

new text begin ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
new text end

new text begin A. Oversight
new text end

new text begin 1. The Interstate Commission shall oversee the administration and operation of the
compact.
new text end

new text begin 2. The executive, legislative and judicial branches of state government in each
member state shall enforce this compact and the rules of the Interstate Commission and
shall take all actions necessary and appropriate to effectuate the compact's purposes and
intent. The compact and its rules shall be binding in the compacting states to the extent
and in the manner provided for in this compact.
new text end

new text begin 3. All courts shall take judicial notice of the compact and the rules in any judicial
or administrative proceeding in a member state pertaining to the subject matter of this
compact.
new text end

new text begin 4. The Interstate Commission shall be entitled to receive service of process in any
action in which the validity of a compact provision or rule is the issue for which a judicial
determination has been sought and shall have standing to intervene in any proceedings.
Failure to provide service of process to the Interstate Commission shall render any
judgment, order or other determination, however so captioned or classified, void as to the
Interstate Commission, this compact, its bylaws or rules of the Interstate Commission.
new text end

new text begin B. Dispute Resolution
new text end

new text begin 1. The Interstate Commission shall attempt, upon the request of a member state, to
resolve disputes which are subject to the compact and which may arise among member
states and between member and non-member states.
new text end

new text begin 2. The Interstate Commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes among compacting states. The costs of such
mediation or dispute resolution shall be the responsibility of the parties to the dispute.
new text end

new text begin C. Enforcement
new text end

new text begin 1. If the Interstate Commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this compact, its bylaws or rules,
the Interstate Commission may:
new text end

new text begin a. Provide remedial training and specific technical assistance; or
new text end

new text begin b. Provide written notice to the defaulting state and other member states, of the
nature of the default and the means of curing the default. The Interstate Commission shall
specify the conditions by which the defaulting state must cure its default; or
new text end

new text begin c. By majority vote of the members, initiate against a defaulting member state legal
action in the United State District Court for the District of Columbia or, at the discretion
of the Interstate Commission, in the federal district where the Interstate Commission has
its principal office, to enforce compliance with the provisions of the compact, its bylaws
or rules. The relief sought may include both injunctive relief and damages. In the event
judicial enforcement is necessary the prevailing party shall be awarded all costs of such
litigation including reasonable attorney's fees; or
new text end

new text begin d. Avail itself of any other remedies available under state law or the regulation of
official or professional conduct.
new text end

new text begin ARTICLE XIII. FINANCING OF THE COMMISSION
new text end

new text begin A. The Interstate Commission shall pay, or provide for the payment of the reasonable
expenses of its establishment, organization and ongoing activities.
new text end

new text begin B. The Interstate Commission may levy on and collect an annual assessment from
each member state to cover the cost of the operations and activities of the Interstate
Commission and its staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved by its members each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by the
Interstate Commission which shall promulgate a rule binding upon all member states.
new text end

new text begin C. The Interstate Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit
of any of the member states, except by and with the authority of the member state.
new text end

new text begin D. The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall be
subject to the audit and accounting procedures established under its bylaws. However,
all receipts and disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the report of the audit shall
be included in and become part of the annual report of the Interstate Commission.
new text end

new text begin ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
new text end

new text begin A. Any state is eligible to become a member state.
new text end

new text begin B. The compact shall become effective and binding upon legislative enactment of
the compact into law by no less than 35 states. The effective date shall be the later of July
1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall
become effective and binding as to any other member state upon enactment of the compact
into law by that state. The executive heads of the state human services administration
with ultimate responsibility for the child welfare program of non-member states or their
designees shall be invited to participate in the activities of the Interstate Commission on a
non-voting basis prior to adoption of the compact by all states.
new text end

new text begin C. The Interstate Commission may propose amendments to the compact for
enactment by the member states. No amendment shall become effective and binding
on the member states unless and until it is enacted into law by unanimous consent of
the member states.
new text end

new text begin ARTICLE XV. WITHDRAWAL AND DISSOLUTION
new text end

new text begin A. Withdrawal
new text end

new text begin 1. Once effective, the compact shall continue in force and remain binding upon each
and every member state; provided that a member state may withdraw from the compact
specifically repealing the statute which enacted the compact into law.
new text end

new text begin 2. Withdrawal from this compact shall be by the enactment of a statute repealing
the same. The effective date of withdrawal shall be the effective date of the repeal of
the statute.
new text end

new text begin 3. The withdrawing state shall immediately notify the president of the Interstate
Commission in writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall then notify the other member states of
the withdrawing state's intent to withdraw.
new text end

new text begin 4. The withdrawing state is responsible for all assessments, obligations and liabilities
incurred through the effective date of withdrawal.
new text end

new text begin 5. Reinstatement following withdrawal of a member state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
members of the Interstate Commission.
new text end

new text begin B. Dissolution of Compact
new text end

new text begin 1. This compact shall dissolve effective upon the date of the withdrawal or default
of the member state which reduces the membership in the compact to one member state.
new text end

new text begin 2. Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate Commission
shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
new text end

new text begin ARTICLE XVI. SEVERABILITY AND CONSTRUCTION
new text end

new text begin A. The provisions of this compact shall be severable, and if any phrase, clause,
sentence or provision is deemed unenforceable, the remaining provisions of the compact
shall be enforceable.
new text end

new text begin B. The provisions of this compact shall be liberally construed to effectuate its
purposes.
new text end

new text begin C. Nothing in this compact shall be construed to prohibit the concurrent applicability
of other interstate compacts to which the states are members.
new text end

new text begin ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS
new text end

new text begin A. Other Laws
new text end

new text begin 1. Nothing herein prevents the enforcement of any other law of a member state
that is not inconsistent with this compact.
new text end

new text begin B. Binding Effect of the Compact
new text end

new text begin 1. All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the member states.
new text end

new text begin 2. All agreements between the Interstate Commission and the member states are
binding in accordance with their terms.
new text end

new text begin 3. In the event any provision of this compact exceeds the constitutional limits
imposed on the legislature of any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that member state.
new text end

new text begin ARTICLE XVIII. INDIAN TRIBES
new text end

new text begin Notwithstanding any other provision in this compact, the Interstate Commission
may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or
all of the purposes of the compact as specified in Article I. The Interstate Commission
shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to
reflect the diverse circumstances of the various Indian tribes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon legislative enactment of the
compact into law by no less than 35 states. The commissioner of human services shall
inform the Revisor of Statutes when this occurs.
new text end

Sec. 34.

Minnesota Statutes 2006, section 260C.001, subdivision 2, is amended to read:

Subd. 2.

Child in need of protection services.

new text begin (a) new text end The paramount consideration in
all proceedings concerning a child alleged or found to be in need of protection or services
is the health, safety, and best interests of the child. In proceedings involving an American
Indian child, as defined in section 260.755, subdivision 8, the best interests of the child
must be determined consistent with sections 260.751 to 260.835 and the Indian Child
Welfare Act, United States Code, title 25, sections 1901 to 1923.

new text begin (b) new text end The purpose of the laws relating to juvenile courts isnew text begin :
new text end

new text begin (1)new text end to secure for each child alleged or adjudicated in need of protection or services
and under the jurisdiction of the court, the care and guidance, preferably in the child's own
home, as will best serve the spiritual, emotional, mental, and physical welfare of the child;

new text begin (2)new text end to provide judicial procedures which protect the welfare of the child;

new text begin (3)new text end to preserve and strengthen the child's family ties whenever possible and in the
child's best interests, removing the child from the custody of parents only when the child's
welfare or safety cannot be adequately safeguarded without removal;

new text begin (4) to ensure that when removal from the child's own family is necessary and in the
child's best interests, the responsible social services agency has legal responsibility for
the child removal either:
new text end

new text begin (i) pursuant to a voluntary placement agreement between the child's parent or
guardian and the responsible social services agency; or
new text end

new text begin (ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or
260C.201;
new text end

new text begin (5) to ensure that, when placement is pursuant to court order, the court order
removing the child or continuing the child in foster care contains an individualized
determination that placement is in the best interests of the child that coincides with the
actual removal of the child;new text end anddeleted text begin , when removal from the child's own family is necessary
and in the child's best interests,
deleted text end

new text begin (6)new text end to deleted text begin secure fordeleted text end new text begin ensure that when the child is removed, new text end the deleted text begin child custody,deleted text end new text begin child's
new text end care and discipline new text begin is, new text end as nearly as possiblenew text begin ,new text end equivalent to that which should have been
given by the parentsdeleted text begin .deleted text end new text begin and is either in:
new text end

new text begin (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201,
subdivision 1, paragraph (a), clause (1);
new text end

new text begin (ii) the home of a relative pursuant to emergency placement by the responsible social
services agency under chapter 245A; or
new text end

new text begin (iii) a foster home licensed under chapter 245A.
new text end

Sec. 35.

Minnesota Statutes 2006, section 260C.007, subdivision 5, is amended to read:

Subd. 5.

Child abuse.

"Child abuse" means an act that involves a minor victim
deleted text begin anddeleted text end that constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, new text begin or
that is physical or sexual abuse as defined in section 626.556, subdivision 2, new text end or an act
committed in another state that involves a minor victim and would constitute a violation of
one of these sections if committed in this state.

Sec. 36.

Minnesota Statutes 2006, section 260C.007, subdivision 6, is amended to read:

Subd. 6.

Child in need of protection or services.

"Child in need of protection or
services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abusenew text begin as defined in section 626.556,
subdivision 2new text end , (ii) resides with or has resided with a victim of new text begin child abuse as defined in
subdivision 5 or new text end domestic child abuse as defined in subdivision deleted text begin 5deleted text end new text begin 13new text end , (iii) resides with or
would reside with a perpetrator of domestic child abuse new text begin as defined in subdivision 13 new text end or
child abuse as defined in subdivision 5, or (iv) is a victim of emotional maltreatment as
defined in subdivision 8;

(3) is without necessary food, clothing, shelter, education, or other required care
for the child's physical or mental health or morals because the child's parent, guardian,
or custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to
provide that care, including a child in voluntary placement due solely to the child's
developmental disability or emotional disturbance;

(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the failure to respond to the
infant's life-threatening conditions by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating or correcting all
conditions, except that the term does not include the failure to provide treatment other
than appropriate nutrition, hydration, or medication to an infant when, in the treating
physician's or physicians' reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival
of the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to
be relieved of the child's care and custody, including a child in placement according to
voluntary release by the parent under section 260C.212, subdivision 8;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical
disability, or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;

(11) has engaged in prostitution as defined in section 609.321, subdivision 9;

(12) has committed a delinquent act or a juvenile petty offense before becoming
ten years old;

(13) is a runaway;

(14) is a habitual truant; or

(15) has been found incompetent to proceed or has been found not guilty by reason
of mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense.

Sec. 37.

Minnesota Statutes 2006, section 260C.007, subdivision 13, is amended to
read:

Subd. 13.

Domestic child abuse.

"Domestic child abuse" means:

(1) any physical injury to a minor family or household member inflicted by an adult
family or household member other than by accidental means; deleted text begin or
deleted text end

(2) subjection of a minor family or household member by an adult family or
household member to any act which constitutes a violation of sections 609.321 to 609.324,
609.342, 609.343, 609.344, 609.345, or 617.246deleted text begin .deleted text end new text begin ; or
new text end

new text begin (3) physical or sexual abuse as defined in section 626.556, subdivision 2.
new text end

Sec. 38.

Minnesota Statutes 2007 Supplement, section 260C.163, subdivision 1,
is amended to read:

Subdivision 1.

General.

(a) Except for hearings arising under section 260C.425,
hearings on any matter shall be without a jury and may be conducted in an informal
manner. In all adjudicatory proceedings involving a child alleged to be in need of
protection or services, the court shall admit only evidence that would be admissible in a
civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of
protection or services must be proved by clear and convincing evidence.

(b) Except for proceedings involving a child alleged to be in need of protection or
services and petitions for the termination of parental rights, hearings may be continued or
adjourned from time to time. In proceedings involving a child alleged to be in need of
protection or services and petitions for the termination of parental rights, hearings may not
be continued or adjourned for more than one week unless the court makes specific findings
that the continuance or adjournment is in the best interests of the child. If a hearing is held
on a petition involving physical or sexual abuse of a child who is alleged to be in need of
protection or services or neglected and in foster care, the court shall file the decision with
the court administrator as soon as possible but no later than 15 days after the matter is
submitted to the court. When a continuance or adjournment is ordered in any proceeding,
the court may make any interim orders as it deems in the best interests of the minor in
accordance with the provisions of sections 260C.001 to 260C.421.

(c) deleted text begin Except as otherwise provided in this paragraph, the court shall exclude the
general public from hearings under this chapter and shall admit only those persons who,
in the discretion of the court, have a direct interest in the case or in the work of the
court.deleted text end new text begin Absent exceptional circumstances, hearings under this chapter are presumed to be
accessible to the public, however the court may close any hearing and the records related
to any matter as provided in the Minnesota Rules of Juvenile Protection Procedure.
new text end

(d) Adoption hearings shall be conducted in accordance with the provisions of
laws relating to adoptions.

(e) In any permanency hearing, including the transition of a child from foster care
to independent living, the court shall ensure that any consult with the child is in an
age-appropriate manner.

Sec. 39.

Minnesota Statutes 2006, section 260C.171, subdivision 2, is amended to read:

Subd. 2.

Public inspection of records.

(a) The deleted text begin followingdeleted text end records from proceedings
or portions of proceedings involving a child in need of protection or services deleted text begin thatdeleted text end new text begin ,
permanency, or terminational of parental rightsnew text end are deleted text begin opendeleted text end new text begin accessible new text end to the public as
authorized by deleted text begin Supreme Court order and court rules are accessible to the public unless the
court determines that access should be restricted because of the intensely personal nature
of the information:deleted text end new text begin the Minnesota Rules of Juvenile Protection Procedure.
new text end

deleted text begin (1) the summons and petition;
deleted text end

deleted text begin (2) affidavits of publication and service;
deleted text end

deleted text begin (3) certificates of representation;
deleted text end

deleted text begin (4) court orders;
deleted text end

deleted text begin (5) hearing and trial notices, witness lists, and subpoenas;
deleted text end

deleted text begin (6) motions and legal memoranda;
deleted text end

deleted text begin (7) exhibits introduced at hearings or trial that are not inaccessible under paragraph
(b);
deleted text end

deleted text begin (8) birth records; and
deleted text end

deleted text begin (9) all other documents not listed as inaccessible to the public under paragraph (b).
deleted text end

deleted text begin (b) The following records are not accessible to the public under paragraph (a):
deleted text end

deleted text begin (1) written, audiotaped, or videotaped information from the social services agency,
except to the extent the information appears in the petition, court orders, or other
documents that are accessible under paragraph (a);
deleted text end

deleted text begin (2) child protection intake or screening notes;
deleted text end

deleted text begin (3) documents identifying reporters of maltreatment, unless the names and other
identifying information are redacted;
deleted text end

deleted text begin (4) guardian ad litem reports;
deleted text end

deleted text begin (5) victim statements and addresses and telephone numbers;
deleted text end

deleted text begin (6) documents identifying nonparty witnesses under the age of 18, unless the names
and other identifying information are redacted;
deleted text end

deleted text begin (7) transcripts of testimony taken during closed hearing;
deleted text end

deleted text begin (8) fingerprinting materials;
deleted text end

deleted text begin (9) psychological, psychiatric, and chemical dependency evaluations;
deleted text end

deleted text begin (10) presentence evaluations of juveniles and probation reports;
deleted text end

deleted text begin (11) medical records and test results;
deleted text end

deleted text begin (12) reports issued by sexual predator programs;
deleted text end

deleted text begin (13) diversion records of juveniles;
deleted text end

deleted text begin (14) any document which the court, upon its own motion or upon motion of a party,
orders inaccessible to serve the best interests of the child; and
deleted text end

deleted text begin (15) any other records that are not accessible to the public under rules developed
by the courts.
deleted text end

deleted text begin In addition, records that are accessible to the public under paragraph (a) become
inaccessible to the public if one year has elapsed since either the proceeding was dismissed
or the court's jurisdiction over the matter was terminated.
deleted text end

deleted text begin (c) Except as otherwise provided by this section, none of the records of the juvenile
court anddeleted text end new text begin (b) new text end None of the records relating to an appeal from a nonpublic juvenile court
proceeding, except the written appellate opinion, shall be open to public inspection or their
contents disclosed except by order of a court.

deleted text begin (d)deleted text end new text begin (c)new text end The records of juvenile probation officers are records of the court for the
purposes of this subdivision. This subdivision applies to all proceedings under this
chapter, including appeals from orders of the juvenile court. The court shall maintain the
confidentiality of adoption files and records in accordance with the provisions of laws
relating to adoptions. In juvenile court proceedings any report or social history furnished
to the court shall be open to inspection by the attorneys of record and the guardian ad litem
a reasonable time before it is used in connection with any proceeding before the court.

deleted text begin (e) When a judge of a juvenile court, or duly authorized agent of the court,
determines under a proceeding under this chapter that a child has violated a state or local
law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets
and highways, except parking violations, the judge or agent shall immediately report
the violation to the commissioner of public safety. The report must be made on a form
provided by the Department of Public Safety and must contain the information required
under section 169.95.
deleted text end

Sec. 40.

Minnesota Statutes 2006, section 260C.178, subdivision 1, is amended to read:

Subdivision 1.

Hearing and release requirements.

(a) If a child was taken into
custody under section 260C.175, subdivision 1, clause (a) or (b)(2), the court shall hold a
hearing within 72 hours of the time the child was taken into custody, excluding Saturdays,
Sundays, and holidays, to determine whether the child should continue in custody.

(b) Unless there is reason to believe that the child would endanger self or others,
not return for a court hearing, run away from the child's parent, guardian, or custodian
or otherwise not remain in the care or control of the person to whose lawful custody the
child is released, or that the child's health or welfare would be immediately endangered,
the child shall be released to the custody of a parent, guardian, custodian, or other
suitable person, subject to reasonable conditions of release including, but not limited to,
a requirement that the child undergo a chemical use assessment as provided in section
260C.157, subdivision 1.

new text begin (c) new text end If the court determines there is reason to believe that the child would endanger
self or others; not return for a court hearing; run away from the child's parent, guardian, or
custodian or otherwise not remain in the care or control of the person to whose lawful
custody the child is released; or that the child's health or welfare would be immediately
endangerednew text begin if returned to the care of the parent or guardian who has custody and from
whom the child was removednew text end , the court shall order the child into foster care under the
new text begin legal new text end responsibility of the responsible social services agency or responsible probation or
corrections agency for the purposes of protective care as that term is used in the juvenile
court rulesdeleted text begin .deleted text end new text begin or into the home of a noncustodial parent and order the noncustodial parent
to comply with any conditions the court determines to be appropriate to the safety and
care of the child, including cooperating with paternity establishment proceedings in the
case of a man who has not been adjudicated the child's father. The court shall not give
the responsible social services legal custody and order a trial home visit at any time prior
to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a),
clause (3), but may order the child returned to the care of the parent or guardian who
has custody and from whom the child was removed and order the parent or guardian to
comply with any conditions the court determines to be appropriate to meet the safety,
health, and welfare of the child.
new text end

new text begin (d) new text end In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator
of domestic child abuse.

deleted text begin (c)deleted text end new text begin (e) new text end The court, before determining whether a child should be placed in or continue
in foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d),
were made to prevent placement. The court shall enter a finding that the responsible
social services agency has made reasonable efforts to prevent placement when the agency
establishes either:

(1) that it has actually provided services or made efforts in an attempt to prevent
the child's removal but that such services or efforts have not proven sufficient to permit
the child to safely remain in the home; or

(2) that there are no services or other efforts that could be made at the time of the
hearing that could safely permit the child to remain home or to return home. When
reasonable efforts to prevent placement are required and there are services or other efforts
that could be ordered which would permit the child to safely return home, the court shall
order the child returned to the care of the parent or guardian and the services or efforts put
in place to ensure the child's safety. When the court makes a prima facie determination
that one of the circumstances under paragraph deleted text begin (e)deleted text end new text begin (g)new text end exists, the court shall determine that
reasonable efforts to prevent placement and to return the child to the care of the parent or
guardian are not required.

If the court finds the social services agency's preventive or reunification efforts
have not been reasonable but further preventive or reunification efforts could not permit
the child to safely remain at home, the court may nevertheless authorize or continue
the removal of the child.

deleted text begin (d)deleted text end new text begin (f)new text end The court may not order or continue the foster care placement of the child
unless the court makes explicit, individualized findings that continued custody of the child
by the parent or guardian would be contrary to the welfare of the childnew text begin and that placement
is in the best interest of the childnew text end .

deleted text begin (e)deleted text end new text begin (g)new text end At the emergency removal hearing, or at any time during the course of the
proceeding, and upon notice and request of the county attorney, the court shall determine
whether a petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;

(2) the parental rights of the parent to another child have been involuntarily
terminated;

(3) the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the parents' custodial rights to another child have been involuntarily transferred
to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar
law of another jurisdiction; or

(5) the provision of services or further services for the purpose of reunification is
futile and therefore unreasonable.

deleted text begin (f)deleted text end new text begin (h)new text end When a petition to terminate parental rights is required under section
260C.301, subdivision 3 or 4, but the county attorney has determined not to proceed
with a termination of parental rights petition, and has instead filed a petition to transfer
permanent legal and physical custody to a relative under section 260C.201, subdivision 11,
the court shall schedule a permanency hearing within 30 days of the filing of the petition.

deleted text begin (g)deleted text end new text begin (i)new text end If the county attorney has filed a petition under section 260C.307, the court
shall schedule a trial under section 260C.163 within 90 days of the filing of the petition
except when the county attorney determines that the criminal case shall proceed to trial
first under section 260C.201, subdivision 3.

deleted text begin (h)deleted text end new text begin (j)new text end If the court determines the child should be ordered into foster care and
the child's parent refuses to give information to the responsible social services agency
regarding the child's father or relatives of the child, the court may order the parent to
disclose the names, addresses, telephone numbers, and other identifying information to the
responsible social services agency for the purpose of complying with the requirements of
sections 260C.151, 260C.212, and 260C.215.

deleted text begin (i)deleted text end new text begin (k)new text end If a child ordered into foster care has siblings, whether full, half, or step, who
are also ordered into foster care, the court shall inquire of the responsible social services
agency of the efforts to place the children together as required by section 260C.212,
subdivision 2, paragraph (d), if placement together is in each child's best interests, unless a
child is in placement due solely to the child's own behavior or a child is placed with
a previously noncustodial parent who is not parent to all siblings. If the children are
not placed together at the time of the hearing, the court shall inquire at each subsequent
hearing of the agency's efforts to place the siblings together. If any sibling is not placed
with another sibling or siblings, the agency must develop a plan for visitation among the
siblings as required under section 260C.212, subdivision 1.

Sec. 41.

Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 1,
is amended to read:

Subdivision 1.

Subjects.

The responsible social services agency deleted text begin must initiate a
background study to be completed by the commissioner under chapter 245Cdeleted text end new text begin may have
access to the criminal history and history of child and adult maltreatmentnew text end on the following
individuals:

(1) a noncustodial parent or nonadjudicated parent who is being assessed for
purposes of providing day-to-day care of a child temporarily or permanently under section
260C.212, subdivision 4, and any member of the parent's household who is over the age of
13 when there is a reasonable cause to believe that the parent or household member over
age 13 has a criminal history or a history of maltreatment of a child or vulnerable adult
which would endanger the child's health, safety, or welfare;

(2) an individual whose suitability for relative placement under section 260C.212,
subdivision 5, is being determined and any member of the relative's household who is
over the age of 13 when:

(i) the relative must be licensed for foster care; or

(ii) the background study is required under section 259.53, subdivision 2; or

(iii) the agency or the commissioner has reasonable cause to believe the relative
or household member over the age of 13 has a criminal history which would not make
transfer of permanent legal and physical custody to the relative under section 260C.201,
subdivision 11, in the child's best interest; and

(3) a parent, following an out-of-home placement, when the responsible social
services agency has reasonable cause to believe that the parent has been convicted of a
crime directly related to the parent's capacity to maintain the child's health, safety, or
welfare or the parent is the subject of an open investigation of, or has been the subject
of a substantiated allegation of, child or vulnerable-adult maltreatment within the past
ten years.

"Reasonable cause" means that the agency has received information or a report from the
subject or a third person that creates an articulable suspicion that the individual has a
history that may pose a risk to the health, safety, or welfare of the child. The information
or report must be specific to the potential subject of the background check and shall not
be based on the race, religion, ethnic background, age, class, or lifestyle of the potential
subject.

Sec. 42.

Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 2,
is amended to read:

Subd. 2.

General procedures.

(a) When deleted text begin initiating a background checkdeleted text end new text begin accessing
informationnew text end under subdivision 1, the agency shall require the individual being assessed
to provide sufficient information to ensure an accurate assessment under this section,
including:

(1) the individual's first, middle, and last name and all other names by which the
individual has been known;

(2) home address, zip code, city, county, and state of residence for the past five years;

(3) sex;

(4) date of birth; and

(5) driver's license number or state identification number.

(b) When notified by the deleted text begin commissioner or thedeleted text end responsible social services agency that
it is deleted text begin conducting an assessment under this sectiondeleted text end new text begin accessing information under subdivision
1new text end , the Bureau of Criminal Apprehension, commissioners of health and human services,
law enforcement, and county agencies must provide deleted text begin the commissioner ordeleted text end the responsible
social services agency or county attorney with the following information on the individual
being assessed: criminal history data, new text begin local law enforcement data about the household,
new text end reports about the maltreatment of adults substantiated under section 626.557, and reports
of maltreatment of minors substantiated under section 626.556.

Sec. 43.

Minnesota Statutes 2007 Supplement, section 260C.209, is amended by
adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Assessment for emergency relative placement. new text end

new text begin The responsible social
services agency may obtain household members' criminal history and the history of
maltreatment of a child or adult and use the history to assess whether putting the child
in the household would endanger the child's health, safety, or welfare and to assess the
suitability of a relative prior to an emergency placement. This assessment does not
substitute for the background study required under chapter 245C and does not supersede
requirements related to emergency placement under section 245A.035.
new text end

Sec. 44.

Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 4,
is amended to read:

Subd. 4.

Responsible social service agency's duties for children in placement.

(a)
When a child is in placement, the responsible social services agency shall make diligent
efforts to identify, locate, and, where appropriate, offer services to both parents of the child.

(1) The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this clause may include, but
is not limited to, obtaining information under section 260C.209. If after assessment,
the responsible social services agency determines that a noncustodial or nonadjudicated
parent is willing and capable of providing day-to-day care of the child, the responsible
social services agency may seek authority from the custodial parent or the court to have
that parent assume day-to-day care of the child. If a parent is not an adjudicated parent,
the responsible social services agency shall require the nonadjudicated parent to cooperate
with paternity establishment procedures as part of the case plan.

(2) If, after assessment, the responsible social services agency determines that the
child cannot be in the day-to-day care of either parent, the agency shall:

(i) prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and

(ii) provide a parent who is the subject of a background study under section
260C.209 15 days' notice that it intends to use the study to recommend against putting the
child with that parent, as well as the notice provided in section 260C.209, subdivision 4,
and the court shall afford the parent an opportunity to be heard concerning the study.

The results of a background study of a noncustodial parent shall not be used by the
agency to determine that the parent is incapable of providing day-to-day care of the child
unless the agency reasonably believes that placement of the child into the home of that
parent would endanger the child's health, safety, or welfare.

(3) If, after the provision of services following an out-of-home placement plan under
this section, the child cannot return to the care of the parent from whom the child was
removed or who had legal custody at the time the child was placed in foster care, the
agency may petition on behalf of a noncustodial parent to establish legal custody with
that parent under section 260C.201, subdivision 11. If paternity has not already been
established, it may be established in the same proceeding in the manner provided for
under chapter 257.

(4) The responsible social services agency may be relieved of the requirement to
locate and offer services to both parents by the juvenile court upon a finding of good cause
after the filing of a petition under section 260C.141.

(b) The responsible social services agency shall give notice to the parent or parents
or guardian of each child in a residential facility, other than a child in placement due
solely to that child's developmental disability or emotional disturbance, of the following
information:

(1) that residential care of the child may result in termination of parental rights or an
order permanently placing the child out of the custody of the parent, but only after notice
and a hearing as required under chapter 260C and the juvenile court rules;

(2) time limits on the length of placement and of reunification services, including
the date on which the child is expected to be returned to and safely maintained in the
home of the parent or parents or placed for adoption or otherwise permanently removed
from the care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of residential care as soon as
possible, preferably by returning the child home, but if that is not possible, through a
permanent legal placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any, of the parent or parents for
the support of the child during the period the child is in the residential facility.

(c) The responsible social services agency shall inform a parent considering
voluntary placement of a child who is not developmentally disabled or emotionally
disturbed of the following information:

(1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary placement, and a parent
who enters a voluntary placement agreement may at any time request that the agency
return the child. If the parent so requests, the child must be returned within 24 hours of
the receipt of the request;

(3) evidence gathered during the time the child is voluntarily placed may be used
at a later time as the basis for a petition alleging that the child is in need of protection
or services or as the basis for a petition seeking termination of parental rights or other
permanent placement of the child away from the parent;

(4) if the responsible social services agency files a petition alleging that the child is
in need of protection or services or a petition seeking the termination of parental rights
or other permanent placement of the child away from the parent, the parent would have
the right to appointment of separate legal counsel and the child would have a right to the
appointment of counsel and a guardian ad litem as provided by law, and that counsel will
be appointed at public expense if they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary placements under
subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a
permanent placement determination hearing under section 260C.201, subdivision 11.

(d) When an agency accepts a child for placement, the agency shall determine
whether the child has had a physical examination by or under the direction of a licensed
physician within the 12 months immediately preceding the date when the child came into
the agency's care. If there is documentation that the child has had an examination within
the last 12 months, the agency is responsible for seeing that the child has another physical
examination within one year of the documented examination and annually in subsequent
years. If the agency determines that the child has not had a physical examination within
the 12 months immediately preceding placement, the agency shall ensure that the child
has an examination within 30 days of coming into the agency's care and once a year
in subsequent years.

(e) new text begin Whether under state guardianship or not, new text end if a child leaves foster care by reason
of having attained the age of majority under state law, the child must be given at no cost
a copy of the child's deleted text begin healthdeleted text end new text begin social and medical history, as defined in section 259.43, new text end and
education report.

Sec. 45.

Minnesota Statutes 2006, section 260C.212, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Monthly caseworker visits with children in foster care. new text end

new text begin (a) Every
child in foster care or on a trial home visit shall be visited by the child's caseworker on
a monthly basis, with the majority of visits occurring in the child's residence. For the
purposes of this section, the following definitions apply:
new text end

new text begin (1) "visit" is defined as a face-to-face contact between a child and the child's
caseworker;
new text end

new text begin (2) "visited on a monthly basis" is defined as at least one visit per calendar month;
new text end

new text begin (3) "the child's caseworker" is defined as the person who has responsibility for
managing the child's foster care placement case as assigned by the responsible social
service agency; and
new text end

new text begin (4) "the child's residence" is defined as the home where the child is residing, and
can include the foster home, child care institution, or the home from which the child was
removed if the child is on a trial home visit.
new text end

new text begin (b) Caseworker visits shall be of sufficient substance and duration to address issues
pertinent to case planning and service delivery to ensure the safety, permanency, and
well-being of the child.
new text end

Sec. 46.

Minnesota Statutes 2006, section 260C.212, subdivision 7, is amended to read:

Subd. 7.

Administrative or court review of placements.

(a) There shall be
an administrative review of the out-of-home placement plan of each child placed in deleted text begin a
residential facilitydeleted text end new text begin foster care new text end no later than 180 days after the initial placement of the child
in deleted text begin a residential facilitydeleted text end new text begin foster carenew text end and at least every six months thereafter if the child is not
returned to the home of the parent or parents within that time. The out-of-home placement
plan must be monitored and updated at each administrative review. new text begin The administrative
review shall be conducted by the responsible social services agency using a panel of
appropriate persons at least one of whom is not responsible for the case management of,
or the delivery of services to, either the child or the parents who are the subject of the
review. The administrative review shall be open to participation by the parent or guardian
of the child and the child, as appropriate.
new text end

new text begin (b) new text end As an alternative to the administrative reviewnew text begin required in paragraph (a)new text end , deleted text begin the
social services agency responsible for the placement may bring a petition as provided in
section 260C.141, subdivision 2, todeleted text end the court deleted text begin for review of the foster care to determine if
placement is in the best interests of the child. This petition must be brought to the court in
order for a court determination to be made regarding the best interests of the child within
the applicable six months and is not in lieu of the requirements contained in subdivision
3 or 4.deleted text end new text begin may, as part of any hearing required under the Minnesota Rules of Juvenile
Protection Procedure, conduct a hearing to monitor and update the out-of-home placement
plan pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph
(d). The party requesting review of the out-of-home placement plan shall give parties to
the proceeding notice of the request to review and update the out-of-home placement
plan. new text end A court review conducted pursuant to section new text begin 260C.193; new text end 260C.201, subdivision
new text begin 1 or new text end 11deleted text begin , or sectiondeleted text end new text begin ;new text end 260C.141, subdivision 2deleted text begin ,deleted text end new text begin or 2a, clause (2); or 260C.317new text end shall satisfy
the requirement for deleted text begin an administrativedeleted text end new text begin the new text end review so long as the other requirements of
this section are met.

deleted text begin (b)deleted text end new text begin (c) new text end deleted text begin At the review required under paragraph (a), the reviewing administrative bodydeleted text end
new text begin As appropriate to the stage of the proceedings and relevant court orders, the responsible
social services agency new text end or the court shall review:

(1) the safetynew text begin , permanency needs, and well-being new text end of the child;

(2) the continuing necessity for and appropriateness of the placement;

(3) the extent of compliance with the out-of-home placement plan;

(4) deleted text begin where appropriate,deleted text end the extent of progress which has been made toward alleviating
or mitigating the causes necessitating placement in deleted text begin a residential facilitydeleted text end new text begin foster carenew text end ;

(5) deleted text begin where appropriate,deleted text end the projected date by which the child may be returned to and
safely maintained in the home or placed permanently away from the care of the parent or
parents or guardian; and

(6) the appropriateness of the services provided to the child.

new text begin (d) When a child is age 16 or older, in addition to any administrative review
conducted by the agency, at the review required under section 260C.201, subdivision 11,
paragraph (d), clause (3), unit (iii); or 260C.317, subdivision 3, clause (3), the court shall
review the independent living plan required under subdivision 1, paragraph (c), clause
(8), and the provision of services to the child related to the well-being of the child as the
child prepares to leave foster care. The review shall include the actual plans related to
each item in the plan necessary to the child's future safety and well-being when the child is
no longer in foster care.
new text end

new text begin (1) At the court review, the responsible social services agency shall establish that it
has given the notice required under Minnesota Rules, part 9560.0060, regarding the right
to continued access to services for certain children in foster care past age 18 and of the
right to appeal a denial of social services under section 256.245. If the agency is unable
to establish that the notice, including the right to appeal a denial of social services, has
been given, the court shall require the agency to give it.
new text end

new text begin (2) If the plan is for the child to leave foster care at age 18, the court shall make
findings regarding the child's progress toward or accomplishment of the following goals:
new text end

new text begin (i) the child has obtained a high school diploma or its equivalent;
new text end

new text begin (ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;
new text end

new text begin (iii) the child is employed or enrolled in postsecondary education;
new text end

new text begin (iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;
new text end

new text begin (v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;
new text end

new text begin (vi) the child has applied for and obtained disability income assistance for which
the child is eligible;
new text end

new text begin (vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;
new text end

new text begin (viii) the child has saved sufficient funds to pay for the first month's rent and a
damage deposit;
new text end

new text begin (ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;
new text end

new text begin (x) the child, if male, has registered for the Selective Service; and
new text end

new text begin (xi) the child has a permanent connection to a caring adult.
new text end

new text begin The child in conjunction with the placement provider and the responsible social services
agency shall work to complete the goals of the living plan.
new text end

new text begin (3) The court shall ensure that the responsible agency assists the child in obtaining
the following documents prior to the child's leaving foster care: a Social Security card; the
child's birth certificate; a state identification card or driver's license, green card, or school
visa; the child's school, medical, and dental records; a contact list of the child's medical,
dental, and mental health providers; and contact information for the child's siblings, if the
siblings are in foster care.
new text end

Sec. 47.

Minnesota Statutes 2006, section 260C.325, subdivision 1, is amended to read:

Subdivision 1.

Transfer of custody.

new text begin (a) new text end If the court terminates parental rights of
both parents or of the only known living parent, the court shall order the guardianship and
the legal custody of the child transferred to:

deleted text begin (a)deleted text end new text begin (1)new text end the commissioner of human services; deleted text begin or
deleted text end

deleted text begin (b)deleted text end new text begin (2)new text end a licensed child-placing agency; or

deleted text begin (c)deleted text end new text begin (3) new text end an individual who is willing and capable of assuming the appropriate duties
and responsibilities to the child.

new text begin (b) The court shall order transfer of guardianship and legal custody of a child to
the commissioner of human services only when the responsible county social services
agency had legal responsibility for planning for the permanent placement of the child and
the child was in foster care under the legal responsibility of the responsible county social
services agency at the time the court orders guardianship and legal custody transferred to
the commissioner.
new text end

Sec. 48.

Minnesota Statutes 2006, section 260C.325, subdivision 3, is amended to read:

Subd. 3.

Both parents deceased.

new text begin (a) new text end If upon petition to the juvenile court by a
reputable person, including but not limited to an agent of the commissioner of human
services, and upon hearing in the manner provided in section 260C.163, the court finds
that both parents new text begin or the only known legal parent new text end are new text begin or is new text end deceased and no appointment has
been made or petition for appointment filed pursuant to sections 524.5-201 to 524.5-317,
the court shall order the guardianship and legal custody of the child transferred to:

deleted text begin (a)deleted text end new text begin (1) new text end the commissioner of human services;

deleted text begin (b)deleted text end new text begin (2) new text end a licensed child-placing agency; or

deleted text begin (c)deleted text end new text begin (3) new text end an individual who is willing and capable of assuming the appropriate duties
and responsibilities to the child.

new text begin (b) The court shall order transfer of guardianship and legal custody of a child to the
commissioner of human services only if there is no individual who is willing and capable
of assuming the appropriate duties and responsibilities to the child.
new text end

Sec. 49.

Minnesota Statutes 2006, section 524.2-114, is amended to read:

524.2-114 MEANING OF CHILD AND RELATED TERMS.

If, for purposes of intestate succession, a relationship of parent and child must be
established to determine succession by, through, or from a person:

(1) An adopted deleted text begin persondeleted text end new text begin childnew text end is the child of an adopting parent and not of the birth
parents except that adoption of a child by the spouse of a birth parent has no effect on
the relationship between the child and that birth parent. If a parent dies and a child is
subsequently adopted by a stepparent who is the spouse of a surviving parent, any rights
of inheritance of the child or the child's descendant from or through the deceased parent
of the child which exist at the time of the death of that parent shall not be affected by
the adoption.

(2) In cases not covered by clause (1), a person is the child of the person's parents
regardless of the marital status of the parents and the parent and child relationship may be
established under the Parentage Act, sections 257.51 to 257.74.

Sec. 50.

Minnesota Statutes 2006, section 626.556, subdivision 7, is amended to read:

Subd. 7.

Report.

An oral report shall be made immediately by telephone or
otherwise. An oral report made by a person required under subdivision 3 to report shall be
followed within 72 hours, exclusive of weekends and holidays, by a report in writing to
the appropriate police department, the county sheriff, the agency responsible for assessing
or investigating the report, or the local welfare agency, unless the appropriate agency
has informed the reporter that the oral information does not constitute a report under
subdivision 10. new text begin The local welfare agency shall determine if the report is accepted for an
assessment or investigation as soon as possible but in no event longer than 24 hours
after the report is received. new text end Any report shall be of sufficient content to identify the child,
any person believed to be responsible for the abuse or neglect of the child if the person
is known, the nature and extent of the abuse or neglect and the name and address of the
reporter. If requested, the local welfare agency or the agency responsible for assessing or
investigating the report shall inform the reporter within ten days after the report is made,
either orally or in writing, whether the report was accepted for assessment or investigation.
Written reports received by a police department or the county sheriff shall be forwarded
immediately to the local welfare agency or the agency responsible for assessing or
investigating the report. The police department or the county sheriff may keep copies of
reports received by them. Copies of written reports received by a local welfare department
or the agency responsible for assessing or investigating the report shall be forwarded
immediately to the local police department or the county sheriff.

A written copy of a report maintained by personnel of agencies, other than welfare
or law enforcement agencies, which are subject to chapter 13 shall be confidential. An
individual subject of the report may obtain access to the original report as provided by
subdivision 11.

Sec. 51.

Minnesota Statutes 2007 Supplement, section 626.556, subdivision 10a,
is amended to read:

Subd. 10a.

Law enforcement agency responsibility for investigation; welfare
agency reliance on law enforcement fact-finding; welfare agency offer of services.

(a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a
parent, guardian, sibling, person responsible for the child's care functioning within the
family unit, or a person who lives in the child's household and who has a significant
relationship to the child, in a setting other than a facility as defined in subdivision 2, the
local welfare agency shall immediately notify the appropriate law enforcement agency,
which shall conduct an investigation of the alleged abuse or neglect if a violation of a
criminal statute is alleged.

(b) The local agency may rely on the fact-finding efforts of the law enforcement
investigation conducted under this subdivision to make a determination whether or not
threatened deleted text begin harmdeleted text end new text begin injury new text end or other maltreatment has occurred under subdivision 2 if an
alleged offender has minor children or lives with minors.

(c) The local welfare agency shall offer appropriate social services for the purpose of
safeguarding and enhancing the welfare of the abused or neglected minor.

Sec. 52. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In each section of Minnesota Statutes referred to in column A, the revisor of statutes
shall delete the reference in column B and insert the reference in column C.
new text end

new text begin Column A new text end	new text begin Column B new text end	new text begin Column C new text end
new text begin 259.67 new text end	new text begin 260.851, article 5 new text end	new text begin 260.853, article 4 new text end
new text begin 256B.094 new text end	new text begin 260.851 new text end	new text begin 260.853 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon legislative enactment of the
interstate compact in section 25 by no less than 35 states.
new text end

Sec. 53. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2006, section 260.851, new text end new text begin is repealed effective upon legislative
enactment of the interstate compact in section 25 by no less than 35 states. The
commissioner of human services shall inform the revisor of statutes when this occurs.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2006, sections 260B.241; and 260C.207, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Rules, part 9560.0092, new text end new text begin is repealed.
new text end

HF 3564

Bill Text Versions

ARTICLE 1

CHILD WELFARE

Section 1.

Subdivision 1.

Disqualification from direct contact.

Sec. 2.

Subd. 2.

15-year disqualification.

Sec. 3.

Subd. 3.

Ten-year disqualification.

Sec. 4.

Subd. 4.

Seven-year disqualification.

Sec. 5.

Subd. 2.

Permanent bar to set aside a disqualification.

new text begin EFFECTIVE DATE. new text end

Sec. 6.

Subd. 3.

Ten-year bar to set aside disqualification.

Sec. 7.

Subdivision 1.

Fair hearing when disqualification is not set aside.

Sec. 8.

Subd. 2.

Conclusive disqualification determination.

Sec. 9.

Subd. 3.

State agency hearings.

Sec. 10.

Subd. 3b.

Standard of evidence for maltreatment and disqualification hearings.

Sec. 11.

Subdivision 1.

Policy and purpose.

Sec. 12.

new text begin Subd. 2a. new text end

new text begin Adult adoption. new text end

Sec. 13.

Subd. 2.

deleted text begin Childrendeleted text end new text begin Persons new text end who may be adopted.

Sec. 14.

Subd. 2.

Contents of petition.

Sec. 15.

new text begin [259.241] ADULT ADOPTION. new text end

Sec. 16.

Subdivision 1.

Study required before placement; certain relatives excepted.

Sec. 17.

259.43 BIRTH PARENT HISTORY; COMMISSIONER'S FORM.

Sec. 18.

Subd. 2.

Requirement to search registry before adoption petition can be granted; proof of search.

Sec. 19.

Subd. 3.

Reports and records.

Sec. 20.

Subdivision 1.

Findings; orders.

Sec. 21.

Subdivision 1.

Legal effect.

Sec. 22.

Subd. 2.

Enrollment in American Indian tribe.

Sec. 23.

Subd. 2.

Adoption assistance agreement.

Sec. 24.

Subd. 3.

deleted text begin Annual affidavitdeleted text end new text begin Modification or termination of the adoption assistance agreementnew text end .

Sec. 25.

new text begin Subd. 3a. new text end

new text begin Recovery of overpayments. new text end

Sec. 26.

Subd. 4.

new text begin [259.241] ADULT ADOPTION.
new text end

Requirement to search registry before adoption petition can be
granted; proof of search.

deleted text begin Annual affidavitdeleted text end new text begin Modification or termination of the adoption assistance
agreementnew text end .

new text begin [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF
CHILDREN.
new text end