HF 912

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/15/2024 03:45pm

A bill for an act
relating to human services; establishing the Layla Jackson Law; modifying child
welfare provisions; establishing the African American Child Well-Being Advisory
Council; requiring reports; appropriating money; amending Minnesota Statutes
2022, section 260C.329, subdivisions 3, 8; proposing coding for new law in
Minnesota Statutes, chapter 260.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [260.61] CITATION.
new text end

new text begin Sections 260.61 to 260.697 may be cited as the "Layla Jackson Law."
new text end

Sec. 2.

new text begin [260.62] PURPOSES.
new text end

new text begin (a) The purposes of the Layla Jackson Law are to:
new text end

new text begin (1) protect the best interests of African American and disproportionately represented
children;
new text end

new text begin (2) promote the stability and security of African American and disproportionately
represented children and families by establishing minimum standards to prevent the arbitrary
and unnecessary removal of African American and disproportionately represented children
from their families; and
new text end

new text begin (3) improve permanency outcomes, including family reunification, for African American
and disproportionately represented children.
new text end

new text begin (b) Nothing in this legislation is intended to interfere with the protections of the Indian
Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963, or the
Minnesota American Indian Family Preservation Act, sections 260.751 to 260.835.
new text end

Sec. 3.

new text begin [260.63] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to sections 260.61 to 260.697.
new text end

new text begin Subd. 2. new text end

new text begin Active efforts. new text end

new text begin "Active efforts" means a rigorous and concerted level of effort
that the responsible social services agency must continuously make throughout the time
that the responsible social services agency is involved with an African American or a
disproportionately represented child and the child's family. To provide active efforts to
preserve an African American or a disproportionately represented child's family, the
responsible social services agency must continuously involve an African American or a
disproportionately represented child's family in all services for the family, including case
planning and choosing services and providers, and inform the family of the ability to request
a case review by the commissioner under section 260.694. When providing active efforts,
a responsible social services agency must consider an African American or a
disproportionately represented family's social and cultural values at all times while providing
services to the African American or disproportionately represented child and the child's
family. Active efforts sets a higher standard for the responsible social services agency than
reasonable efforts. Active efforts includes continuous efforts to preserve an African American
or a disproportionately represented child's family, prevent the out-of-home placement of an
African American or a disproportionately represented child, and reunify the African American
or disproportionately represented child with the child's family as soon as possible. Active
efforts includes the provision of reasonable efforts as required by Title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 679c.
new text end

new text begin Subd. 3. new text end

new text begin Adoptive placement. new text end

new text begin "Adoptive placement" means the permanent placement
of an African American or a disproportionately represented child made by the responsible
social services agency upon a fully executed adoption placement agreement, including the
signatures of the adopting parent, the responsible social services agency, and the
commissioner of human services according to section 260C.613, subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin African American child. new text end

new text begin "African American child" means a child having
origins in Africa, including a child of two or more races who has at least one parent with
origins in Africa.
new text end

new text begin Subd. 5. new text end

new text begin Best interests of the African American or disproportionately represented
child. new text end

new text begin The "best interests of the African American or disproportionately represented child"
means providing a culturally informed practice lens that acknowledges, utilizes, and embraces
the African American or disproportionately represented child's family, community, and
cultural norms and allows the child to remain safely at home with the child's family. The
best interests of the African American or disproportionately represented child support the
child's sense of belonging to the child's family, extended family, kin, and cultural community.
new text end

new text begin Subd. 6. new text end

new text begin Child placement proceeding. new text end

new text begin (a) "Child placement proceeding" means any
judicial proceeding that could result in:
new text end

new text begin (1) an adoptive placement;
new text end

new text begin (2) a foster care placement;
new text end

new text begin (3) a preadoptive placement; or
new text end

new text begin (4) a termination of parental rights.
new text end

new text begin (b) Judicial proceedings under this subdivision include a child's placement based upon
a child's juvenile status offense, but do not include a child's placement based upon:
new text end

new text begin (1) an act which if committed by an adult would be deemed a crime; or
new text end

new text begin (2) an award of child custody in a divorce proceeding to one of the child's parents.
new text end

new text begin Subd. 7. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human services
or the commissioner's designee.
new text end

new text begin Subd. 8. new text end

new text begin Custodian. new text end

new text begin "Custodian" means any person who is under a legal obligation to
provide care and support for an African American or a disproportionately represented child,
or who is in fact providing daily care and support for an African American or a
disproportionately represented child. This subdivision does not impose a legal obligation
upon a person who is not otherwise legally obligated to provide a child with necessary food,
clothing, shelter, education, or medical care.
new text end

new text begin Subd. 9. new text end

new text begin Disproportionality. new text end

new text begin "Disproportionality" means the overrepresentation of
African American children and other disproportionately represented children in the state's
child welfare system population as compared to the representation of those children in the
state's total child population.
new text end

new text begin Subd. 10. new text end

new text begin Disproportionately represented child. new text end

new text begin "Disproportionately represented child"
means a child whose race, culture, ethnicity, disability status, or low-income socioeconomic
status is disproportionately encountered, engaged, or identified in the child welfare system
as compared to the representation in the state's total child population. Disproportionately
represented child includes members of unique cultural groups belonging to larger ethnic or
cultural categories used in federal, state, or local demographic data when the members are
known to be disproportionately affected.
new text end

new text begin Subd. 11. new text end

new text begin Egregious harm. new text end

new text begin "Egregious harm" has the meaning given in section 260E.03,
subdivision 5.
new text end

new text begin Subd. 12. new text end

new text begin Foster care placement. new text end

new text begin "Foster care placement" means the court-ordered
removal of an African American or a disproportionately represented child from the child's
home with the child's parent or legal custodian and the temporary placement of the child in
a foster home, in shelter care or a facility, or in the home of a guardian, when the parent or
legal custodian cannot have the child returned upon demand, but the parent's parental rights
have not been terminated. A foster care placement includes a placement in foster care
following an order placing the child under the guardianship of the commissioner, pursuant
to section 260C.325, prior to an adoption being finalized.
new text end

new text begin Subd. 13. new text end

new text begin Imminent physical damage or harm. new text end

new text begin "Imminent physical damage or harm"
means that a child is threatened with immediate and present conditions that are
life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
The immediate and present conditions must have a direct causal relationship with the physical
harm threatened. The existence of community or family poverty, isolation, single parenthood,
age of the parent, crowded or inadequate housing, substance use, prenatal drug or alcohol
exposure, mental illness, disability or special needs of the parent or child, or nonconforming
social behavior does not by itself constitute imminent physical damage or harm.
new text end

new text begin Subd. 14. new text end

new text begin Responsible social services agency. new text end

new text begin "Responsible social services agency"
has the meaning given in section 260C.007, subdivision 27a.
new text end

new text begin Subd. 15. new text end

new text begin Parent. new text end

new text begin "Parent" means the biological parent of an African American or a
disproportionately represented child or any person who has legally adopted an African
American or a disproportionately represented child who, prior to the adoption, was considered
a relative to the child, as defined in subdivision 17. Parent includes an unmarried father
whose paternity has been acknowledged or established and a putative father. Paternity has
been acknowledged when an unmarried father takes any action to hold himself out as the
biological father of a child.
new text end

new text begin Subd. 16. new text end

new text begin Preadoptive placement. new text end

new text begin "Preadoptive placement" means a responsible social
services agency's placement of an African American or a disproportionately represented
child with the child's family or kin when the child is under the guardianship of the
commissioner, for the purpose of adoption, but an adoptive placement agreement for the
child has not been fully executed.
new text end

new text begin Subd. 17. new text end

new text begin Relative. new text end

new text begin "Relative" means:
new text end

new text begin (1) an individual related to the child by blood, marriage, or adoption;
new text end

new text begin (2) a legal parent, guardian, or custodian of the child's sibling;
new text end

new text begin (3) an individual who is an important friend of the child or child's family with whom
the child has resided or has had significant contact; or
new text end

new text begin (4) an individual who the child or the child's family identify as related to the child's
family.
new text end

new text begin Subd. 18. new text end

new text begin Safety network. new text end

new text begin "Safety network" means a group of individuals identified by
the parent and child, when appropriate, that is responsible for helping with developing,
implementing, sustaining, supporting, or improving a safety plan to protect the safety and
well-being of a child.
new text end

new text begin Subd. 19. new text end

new text begin Sexual abuse. new text end

new text begin "Sexual abuse" has the meaning given in section 260E.03,
subdivision 20.
new text end

new text begin Subd. 20. new text end

new text begin Termination of parental rights. new text end

new text begin "Termination of parental rights" means an
action resulting in the termination of the parent-child relationship under section 260C.301.
new text end

Sec. 4.

new text begin [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
PROMOTE FAMILY REUNIFICATION.
new text end

new text begin (a) A responsible social services agency shall make active efforts to prevent the
out-of-home placement of an African American or a disproportionately represented child,
eliminate the need for a child's removal from the child's home, and reunify an African
American or a disproportionately represented child with the child's family as soon as
practicable.
new text end

new text begin (b) Prior to petitioning the court to remove an African American or a disproportionately
represented child from the child's home, a responsible social services agency must work
with the child's family to prevent out-of-home placement and preserve the child's family.
The responsible social services agency must:
new text end

new text begin (1) make active efforts to engage the child's parent or custodian and the child, when
appropriate;
new text end

new text begin (2) assess the family's cultural and economic needs and connect the family with supports
to establish a safety network for the family;
new text end

new text begin (3) work with the family to develop an alternative plan to out-of-home placement;
new text end

new text begin (4) before making decisions that may affect the child's safety and well-being or when
contemplating out-of-home placement, seek guidance from the child's family structure on
how the family can seek help, what resources are available, and what barriers the family
faces at that time; and
new text end

new text begin (5) provide support, guidance, and input to assist the family and the family's safety
network with developing the safety plan.
new text end

new text begin (c) The safety plan must:
new text end

new text begin (1) address the specific allegations impacting the child's safety in the home. If neglect
is alleged, the safety plan must incorporate economic services and supports to address the
family's specific needs and prevent neglect;
new text end

new text begin (2) evaluate whether an order for protection under section 518B.01 or other court order
expelling an allegedly abusive household member from the home of a parent or custodian
who is not alleged to be abusive will allow the child to safely remain in the home;
new text end

new text begin (3) incorporate family and community support to ensure the child's safety while keeping
the family intact; and
new text end

new text begin (4) be adjusted as needed to address the child's and family's ongoing needs and support.
new text end

new text begin (d) The responsible social services agency is not required to establish a safety plan:
new text end

new text begin (1) in a case with allegations of sexual abuse or egregious harm;
new text end

new text begin (2) when the parent is not willing to follow a safety plan;
new text end

new text begin (3) when the parent has abandoned the child or is unavailable to follow a safety plan;
or
new text end

new text begin (4) when the parent has chronic substance abuse issues and is unable to parent the child.
new text end

Sec. 5.

new text begin [260.65] EMERGENCY REMOVAL.
new text end

new text begin Subdivision 1. new text end

new text begin Emergency removal or placement permitted. new text end

new text begin Nothing in this section
shall be construed to prevent, delay, or deny the emergency removal of an African American
or a disproportionately represented child's parent or custodian, or the emergency placement
of the child in a foster setting, in order to prevent imminent physical damage or harm to the
child.
new text end

new text begin Subd. 2. new text end

new text begin Petition for emergency removal; placement requirements. new text end

new text begin A petition for a
court order authorizing the emergency removal or continued emergency placement of an
African American or a disproportionately represented child or the petition's accompanying
documents must contain a statement of the risk of imminent physical damage or harm to
the African American or disproportionately represented child and any evidence that the
emergency removal or placement continues to be necessary to prevent imminent physical
damage or harm to the child. The petition or its accompanying documents must also include
a statement of the efforts that have been made to assist the child's parents or custodians so
that the child may safely be returned to their custody.
new text end

new text begin Subd. 3. new text end

new text begin Notice and service requirements. new text end

new text begin (a) The petition for emergency removal and
accompanying documents must be served on the parent and, if the child is not located in
the child's home at the time that the child is removed, on the entity or individual with custody
of the child. If the court authorizes an emergency removal under subdivision 2, the petition
and accompanying documents must be served on the parents or custodians at the time of
the child's removal unless, after active efforts, the parents or custodians cannot be located
at the time of removal.
new text end

new text begin (b) Whenever a child is removed pursuant to a court order issued under subdivision 2,
the responsible social services agency shall make active efforts to provide notice to the
parent or custodian of:
new text end

new text begin (1) the fact that the child has been removed from the child's home;
new text end

new text begin (2) the reasons for the child's emergency removal; and
new text end

new text begin (3) the parent or custodian's legal rights under this chapter, chapter 260C, and any other
applicable provisions of statute, including the right to an emergency hearing under
subdivision 4.
new text end

new text begin (c) Notice under paragraph (b) must be provided in plain language and take into
consideration the parent or custodian's primary language, level of education, and culture.
Notice may be given by any means reasonably certain of notifying the parent or custodian
including but not limited to written, telephone, or in-person oral notification. If the initial
notification is provided by a means other than in writing, the responsible social services
agency shall make active efforts to also provide written notification.
new text end

new text begin (d) Notice required under this subdivision must be provided to the parent or custodian
no more than 24 hours after the child has been removed or 24 hours after the responsible
social services agency has been notified that the child has been removed pursuant to
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Emergency proceeding requirements. new text end

new text begin (a) The court shall hold a hearing no
later than 72 hours, excluding weekends and holidays, after the emergency removal of the
African American or disproportionately represented child. The court shall determine whether
the emergency removal continues to be necessary to prevent imminent physical damage or
harm to the child and whether, after considering the child's particular circumstances, the
imminent physical damage or harm to the child outweighs the harm that the child will
experience as a result of continuing the emergency removal.
new text end

new text begin (b) The court shall hold additional hearings whenever new information indicates that
the emergency situation has ended. The court shall consider all such new information at
any court hearing after the emergency proceeding to determine whether the emergency
removal or placement is no longer necessary to prevent imminent physical damage or harm
to the child.
new text end

new text begin (c) Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota
Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American
or a disproportionately represented child who is subject to an emergency hearing under this
section and Minnesota Rules of Juvenile Protection Procedure, rule 30, has a right to counsel
appointed by the court. The court must appoint qualified counsel to represent a parent if the
parent meets the eligibility requirements in section 611.17.
new text end

new text begin Subd. 5. new text end

new text begin Termination of emergency removal or placement. new text end

new text begin (a) An emergency removal
or placement of an African American or a disproportionately represented child must
immediately terminate once the responsible social services agency or court possesses
sufficient evidence to determine that the emergency removal or placement is no longer
necessary to prevent imminent physical damage or harm to the child and the child shall be
immediately returned to the custody of the child's parent or custodian. The responsible social
services agency or court shall ensure that the emergency removal or placement terminates
immediately when the removal or placement is no longer necessary to prevent imminent
physical damage or harm to the African American or disproportionately represented child.
new text end

new text begin (b) If the court determines that custody of the child by the child's parent or custodian is
likely to result in serious physical harm to the child, after service upon the African American
or disproportionately represented child's parents or custodian and upon a determination
supported by clear and convincing evidence, the court shall further consider whether
participation by the parents or legal custodians in any prevention services would prevent
or eliminate the need for removal. If so, the court shall inquire of the parent or custodian
whether they are willing to participate in such services. If the parent or custodian agrees to
participate in the prevention services identified by the court that would prevent or eliminate
the need for removal, the court shall place the child with the parent or custodian and the
emergency removal shall terminate. The court shall not order a parent to participate in
prevention services over the parent's or custodian's objection and the parent or custodian
must have the opportunity to consult with counsel prior to deciding whether to agree to
proposed prevention services as a condition of the child being returned to the custody of
the parent or custodian.
new text end

new text begin (c) If the court determines that custody of the child by the child's parent or custodian is
likely to result in serious physical harm to the child, the court shall further consider whether
an order for protection under section 518B.01 or other court order expelling an allegedly
abusive household member from the home of a parent or custodian who is not alleged to
be abusive will allow the child to safely return to the home.
new text end

new text begin (d) In no instance shall emergency removal or emergency placement of an African
American or a disproportionately represented child extend beyond 30 days unless the court
finds by a showing of clear and convincing evidence that:
new text end

new text begin (1) continued emergency removal or placement is necessary to prevent imminent physical
damage or harm to the child; and
new text end

new text begin (2) it has not been possible to initiate a child placement proceeding with all of the
protections under sections 260.61 to 260.694.
new text end

Sec. 6.

new text begin [260.66] NONCUSTODIAL PARENTS.
new text end

new text begin (a) Prior to the removal of an African American or a disproportionately represented child
from the child's home, the responsible social services agency must make active efforts to
identify and locate the child's noncustodial or nonadjudicated parent and the child's relatives
to notify the child's parent and relatives that the child is or will be placed in foster care, and
provide the child's parent and relatives with a list of legal resources. The notice to the child's
noncustodial or nonadjudicated parent and relatives must also include the information
required under section 260C.221, subdivision 2, paragraph (b). The responsible social
services agency must maintain detailed records of the agency's efforts to notify parents and
relatives under this section.
new text end

new text begin (b) Notwithstanding the provisions of section 260C.219, the responsible social services
agency must assess an African American or a disproportionately represented child's
noncustodial or nonadjudicated parent's ability to care for the child before placing the child
in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
daily care for the African American or disproportionately represented child temporarily or
permanently, the court shall order that the child be placed in the home of the noncustodial
or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
responsible social services agency must make active efforts to assist a noncustodial or
nonadjudicated parent with remedying any issues that may prevent the child from being
placed with the noncustodial or nonadjudicated parent.
new text end

Sec. 7.

new text begin [260.67] RELATIVE PLACEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Relative placement procedures and requirements. new text end

new text begin (a) If an African
American or a disproportionately represented child's noncustodial or nonadjudicated parent
is unwilling or unable to provide daily care for the child and the court has determined that
the child physically remaining in the home with the child's parent or custodian would
endanger the child's health, safety, or welfare, the child's parent, custodian, or the child,
when appropriate, has the right to select one or more relatives who may be willing and able
to temporarily care for the child. The responsible social services agency must place the child
with a selected relative after assessing the relative's willingness and ability to provide daily
care for the child.
new text end

new text begin (b) The responsible social services agency shall consider additional relatives for the
child's placement if:
new text end

new text begin (1) the selected relative or relatives are unavailable, unwilling, or unable to provide daily
care for the child; or
new text end

new text begin (2) conditions or circumstances exist that would disqualify the selected relative or
relatives from being licensed family foster parents and the disqualifying conditions or
circumstances would not be eligible for a variance from the commissioner. Relative
placement consideration requirements in sections 260C.212, subdivision 2, paragraph (a),
and 260C.221, subdivision 4, apply.
new text end

new text begin (c) The responsible social services agency must inform selected relatives and the child's
parent or custodian of the difference between informal kinship care arrangements and
court-ordered foster care. If a selected relative and the child's parent or custodian request
an informal kinship care arrangement for a child's placement instead of court-ordered foster
care and such an arrangement will maintain the child's safety and well-being, the responsible
social services agency shall comply with the request and inform the court of the plan for
the child. The court shall honor the request to forego a court-ordered foster care placement
of the child in favor of an informal kinship care arrangement, unless the court determines
that the request is not in the best interests of the African American or disproportionately
represented child.
new text end

new text begin (d) The responsible social services agency must make active efforts to support a relative
with whom a child is placed in completing the family foster care licensure process and
addressing barriers, disqualifications, or other issues affecting the relative's licensure,
including but not limited to assisting the relative with requesting reconsideration of a
disqualification under section 245C.21.
new text end

new text begin (e) The decision by a relative to not be considered as an African American or a
disproportionately represented child's foster care or temporary placement option shall not
be a basis for the responsible social services agency or the court to rule out the relative for
placement in the future or for denying the relative's request to be considered or selected as
a foster care or permanent placement of the child.
new text end

new text begin Subd. 2. new text end

new text begin Authorization for nonrelative foster care or temporary placement. new text end

new text begin (a) An
African American or a disproportionately represented child must be placed with a
noncustodial or nonadjudicated parent under section 260.66 or with a relative pursuant to
subdivision 1, unless the responsible social services agency establishes that there is reasonable
cause to believe that:
new text end

new text begin (1) placement in nonrelative foster care is necessary to prevent imminent physical damage
or harm to the child, including that which would result from sexual abuse or sexual
exploitation, because no noncustodial or nonadjudicated parent or relative is capable of
ensuring the child's basic safety; or
new text end

new text begin (2) placement with a noncustodial or nonadjudicated parent or relative would hinder
efforts to reunify the child and the parent.
new text end

new text begin (b) If the court orders the placement of an African American or a disproportionately
represented child in nonrelative foster care, the court order must state the reasons for
placement in nonrelative foster care.
new text end

new text begin (c) Before authorizing nonrelative foster care or temporary placement for an African
American or a disproportionately represented child under paragraph (a), the court must ask
the petitioner and any other person present at the hearing whether any relatives are willing
and able to care for the child, including:
new text end

new text begin (1) whether any relative is able to meet any special needs of the child;
new text end

new text begin (2) whether the relative is willing to facilitate the child's sibling and parent or custodian
visitation if such visitation is ordered by the court; and
new text end

new text begin (3) whether the relative supports reunification of the parent or custodian and child once
reunification can safely occur.
new text end

new text begin (d) If a relative has been determined to be willing and able to be a placement resource
for the child, the following shall not prevent the child's placement with the relative:
new text end

new text begin (1) an incomplete background study, if the relative is otherwise willing and able to
provide care and safety, provided that the background study must be completed as soon as
possible after placement;
new text end

new text begin (2) the relative's uncertainty regarding potential adoption of the child;
new text end

new text begin (3) the relative's disbelief that the parent or custodian presents a danger to the child,
provided that the relative will protect the safety of the child and comply with court orders
regarding contact with a parent or custodian; or
new text end

new text begin (4) the conditions of the relative's home are not sufficient to satisfy the requirements for
foster parent licensure. The court may order the responsible social services agency to provide
active efforts under subdivision 1, paragraph (c).
new text end

Sec. 8.

new text begin [260.68] CHILD IN NEED OF PROTECTION OR SERVICES;
OUT-OF-HOME PLACEMENT PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Standard for ordering out-of-home placement. new text end

new text begin (a) A court shall not
order a foster care or permanent out-of-home placement of an African American or a
disproportionately represented child alleged to be in need of protection or services unless
the court finds by clear and convincing evidence that the child would be at risk of serious
physical harm if the child were to remain in the child's home.
new text end

new text begin (b) Before ordering a foster care placement or permanent out-of-home placement of an
African American or a disproportionately represented child under paragraph (a), the court
must:
new text end

new text begin (1) find that no alternative resources or arrangements are available to the family that
would adequately safeguard the child without requiring out-of-home placement;
new text end

new text begin (2) evaluate the harm to the child that may result from foster care placement or permanent
out-of-home placement by considering:
new text end

new text begin (i) the disruption to the child's schooling and social relationships that may result from
placement out of the child's home or neighborhood;
new text end

new text begin (ii) detrimental long-term emotional and psychological impacts of disrupting the
relationship between children and their parents; and
new text end

new text begin (iii) any measures that may be taken to alleviate such a disruption;
new text end

new text begin (3) determine whether a parent or custodian's noncompliance with any conditions or
requirements of an out-of-home placement plan resulted from circumstances beyond the
parent or custodian's control and if so, give due consideration to those circumstances;
new text end

new text begin (4) inquire into efforts that have been made to place the child with a relative, including
asking a parent or custodian whether the responsible social services agency discussed with
them the placement of the child with a relative;
new text end

new text begin (5) determine that the out-of-home placement proposed by the responsible services
agency is the least disruptive and most family-like setting that meets the needs of the child;
new text end

new text begin (6) evaluate the services provided to the family to prevent or eliminate the need for
removal of the child from the child's home. If the petition for a child in need of child
protective services or other information before the court alleges that homelessness or the
lack of suitable housing was a significant factor contributing to the removal of the child,
the court shall inquire as to whether housing assistance was provided to the family to prevent
or eliminate the need for the removal of the child or children; and
new text end

new text begin (7) determine whether it is in the best interests of the child to remain enrolled in the
school, developmental program, or child care program where the child was enrolled prior
to the removal and evaluate the efforts that have been made to maintain the child in the
school or program if it is in the child's best interests.
new text end

new text begin Subd. 2. new text end

new text begin Active efforts. new text end

new text begin (a) At each hearing regarding an African American or a
disproportionately represented child who is alleged or adjudicated to be in need of protection
or services, the court shall review whether the responsible social services agency has provided
active efforts to the child and the child's family and shall require the responsible social
services agency to provide evidence and documentation that demonstrates that the agency
is providing culturally informed, strength-based, community-involved, and community-based
services to the child and the child's family.
new text end

new text begin (b) When determining whether the responsible social services agency has made active
efforts to preserve the child's family, the court shall make findings regarding whether the
responsible social services agency made appropriate and meaningful services available to
the child's family based upon the family's specific needs. If a court determines that the
responsible social services agency did not make active efforts to preserve the family as
required by this section, the court shall order the responsible social services agency to
immediately provide active efforts to the child and child's family to preserve the family.
new text end

Sec. 9.

new text begin [260.69] TRANSFER OF PERMANENT LEGAL AND PHYSICAL
CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Preference for transfer of permanent legal and physical custody. new text end

new text begin If
an African American or a disproportionately represented child cannot be returned to the
child's parent, the court shall consider the requirements of and responsibilities under section
260.012, paragraph (a), and, if possible, transfer permanent legal and physical custody of
the child to:
new text end

new text begin (1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot
return to the care of the parent or custodian from whom the child was removed or who had
legal custody at the time that the child was placed in foster care; or
new text end

new text begin (2) a willing and able relative, according to the requirements of section 260C.515,
subdivision 4, if the court determines that reunification with the child's family is not an
appropriate permanency option for the child. Prior to the court ordering a transfer of
permanent legal and physical custody to a relative who is not a parent, the responsible social
services agency must inform the relative of Northstar kinship assistance benefits and
eligibility requirements, and of the relative's ability to apply for benefits on behalf of the
child under chapter 256N.
new text end

new text begin Subd. 2. new text end

new text begin Termination of parental rights restrictions. new text end

new text begin (a) A court shall not terminate
the parental rights of a parent of an African American or a disproportionately represented
child based solely on the parent's failure to complete case plan requirements.
new text end

new text begin (b) Except as provided in paragraph (c), a court shall not terminate the parental rights
of a parent of an African American or a disproportionately represented child in a child
placement proceeding unless the allegations against the parent involve sexual abuse;
egregious harm as defined in section 260C.007, subdivision 14; murder in the first, second,
or third degree under section 609.185, 609.19, or 609.195; murder of an unborn child in the
first, second, or third degree under section 609.2661, 609.2662, or 609.2663; manslaughter
of an unborn child in the first or second degree under section 609.2664 or 609.2665; domestic
assault by strangulation under section 609.2247; felony domestic assault under section
609.2242 or 609.2243; kidnapping under section 609.25; solicitation, inducement, and
promotion of prostitution under section 609.322, subdivision 1, and subdivision 1a if one
or more aggravating factors are present; criminal sexual conduct under sections 609.342 to
609.3451; engaging in, hiring, or agreeing to hire a minor to engage in prostitution under
section 609.324, subdivision 1; solicitation of children to engage in sexual conduct under
section 609.352; possession of pornographic work involving minors under section 617.247;
malicious punishment or neglect or endangerment of a child under section 609.377 or
609.378; use of a minor in sexual performance under section 617.246; or failing to protect
a child from an overt act or condition that constitutes egregious harm.
new text end

new text begin (c) The court may terminate the parental rights of a parent of an African American or a
disproportionately represented child under section 260C.301, subdivision 1, paragraph (b),
clause (4) or (6), if a transfer of permanent legal and physical custody under subdivision 1
is not possible because the child has no willing or able noncustodial parent or relative to
whom custody can be transferred.
new text end

new text begin (d) Nothing in this subdivision precludes the court from terminating the parental rights
of a parent of an African American or a disproportionately represented child if the parent
desires to voluntarily terminate the parent's own parental rights for good cause under section
260C.301, subdivision 1, paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Appeals. new text end

new text begin Notwithstanding the Minnesota Rules of Juvenile Protection Procedure,
rule 47.02, subdivision 2, a parent of an African American or a disproportionately represented
child whose parental rights have been terminated may appeal the decision within 90 days
of the service of notice by the court administrator of the filing of the court's order.
new text end

Sec. 10.

new text begin [260.694] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND
CASE REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Responsible social services agency conduct. new text end

new text begin (a) A responsible social
services agency employee who has duties related to child protection shall not knowingly:
new text end

new text begin (1) make untrue statements about any case involving a child alleged to be in need of
protection or services;
new text end

new text begin (2) intentionally withhold any information that may be material to a case involving a
child alleged to be in need of protection or services; or
new text end

new text begin (3) fabricate or falsify any documentation or evidence relating to a case involving a child
alleged to be in need of protection or services.
new text end

new text begin (b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
employment action.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner notification. new text end

new text begin (a) When a responsible social services agency
makes a maltreatment determination involving an African American or a disproportionately
represented child or places an African American or a disproportionately represented child
in a foster care placement, the agency shall, within seven days of making a maltreatment
determination or initiating the child's foster care placement, notify the commissioner of the
maltreatment determination or foster care placement and of the steps that the agency has
taken to investigate and remedy the conditions that led to the maltreatment determination
or foster care placement. Upon receiving this notice, the commissioner shall review the
responsible social services agency's handling of the child's case to ensure that the case plan
and services address the unique needs of the child and the child's family and that the agency
is making active efforts to reunify and preserve the child's family. At all stages of a case
involving an African American or a disproportionately represented child, the responsible
social services agency shall, upon request, fully cooperate with the commissioner and the
African American Child Well-Being Advisory Council, if applicable, and, as appropriate
and as permitted under statute, provide access to all relevant case files.
new text end

new text begin (b) Following a responsible social services agency adoptive placement decision involving
an African American or a disproportionately represented child under the guardianship of
the commissioner, the responsible social services agency shall immediately notify the
commissioner of the agency's decision and of the right of intervention. The commissioner
has the right to intervene in cases where a determination of noncompliance with this act
was made. The notice must include the identity of the child and the child's parents whose
parental rights were terminated or who consented to the child's adoption. Upon receipt of
the notice and prior to processing an adoption placement agreement, the commissioner shall
review the case to ensure that the requirements of this act have been met. When the
responsible social services agency has identified a nonrelative as an African American or
a disproportionately represented child's adoptive placement, no preadoptive or adoptive
placement proceeding may be held until at least 30 days after the commissioner receives
the required notice and indicates an intent to exercise the commissioner's right of intervention,
or until an adoption home study can be completed for a relative adoption, whichever occurs
first. If the commissioner requests additional time to prepare for the proceeding, the district
court must grant the commissioner up to 30 additional days to prepare for the proceeding.
In cases in which a responsible social services agency or party to a preadoptive or adoptive
placement knows or has reason to believe that a child is or may be African American or a
disproportionately represented child, proof of service upon the commissioner must be filed
with the adoption petition.
new text end

new text begin Subd. 3. new text end

new text begin Case review. new text end

new text begin (a) Each responsible social services agency shall conduct a review
of all child protection cases handled by the agency every 24 months, after establishing a
2024 baseline. The responsible social services agency shall report the agency's findings to
the county board, related child welfare committees, the African American Child Well-Being
Advisory Council, the Children's Justice Initiative team, the commissioner, and community
stakeholders within six months of gathering the relevant case data. When the case review
consists of fewer than five cases, the responsible social services agency must only report
the case data to the African American Child Well-Being Advisory Council. The case review
must include:
new text end

new text begin (1) the number of African American and disproportionately represented children
represented in the county child welfare system;
new text end

new text begin (2) the number and sources of maltreatment reports received and reports screened in for
investigation or referred for family assessment and the race of the children and parents or
custodians involved in each report;
new text end

new text begin (3) the number and race of children and parents or custodians who receive in-home
preventive case management services;
new text end

new text begin (4) the number and race of children whose parents or custodians are referred to
community-based, culturally appropriate, strength-based, or trauma-informed services;
new text end

new text begin (5) the number and race of children removed from their homes;
new text end

new text begin (6) the number and race of children reunified with their parents or custodians;
new text end

new text begin (7) the number and race of children whose parents or custodians are offered family group
decision-making services;
new text end

new text begin (8) the number and race of children whose parents or custodians are offered the parent
support outreach program;
new text end

new text begin (9) the number and race of children in foster care or out-of-home placement at the time
that the data is gathered;
new text end

new text begin (10) the number and race of children who achieve permanency through a transfer of
permanent legal and physical custody to a relative, a legal guardianship, or an adoption;
and
new text end

new text begin (11) the number and race of children who are under the guardianship of the commissioner
or awaiting a permanency disposition.
new text end

new text begin (b) The required case review must also:
new text end

new text begin (1) identify barriers to reunifying children with their families;
new text end

new text begin (2) identify the family conditions that led to the out-of-home placement;
new text end

new text begin (3) identify any barriers to accessing culturally informed mental health or substance use
disorder treatment services for the parents or children;
new text end

new text begin (4) document efforts to identify fathers and maternal and paternal relatives and to provide
services to custodial and noncustodial fathers, if appropriate; and
new text end

new text begin (5) document and summarize court reviews of active efforts.
new text end

new text begin (c) Any responsible social services agency that has a case review showing
disproportionality and disparities in child welfare outcomes for African American and other
disproportionately represented children and families, compared to the agency's overall
outcomes, must develop a remediation plan to be approved by the commissioner. The
responsible social services agency must develop the plan within 30 days of finding the
disproportionality or disparities and must make measurable improvements within 12 months
of the date that the commissioner approves the remediation plan. A responsible social
services agency may request assistance from the commissioner to develop a remediation
plan. The remediation plan must include measurable outcomes to identify, address, and
reduce the factors that led to the disproportionality and disparities in the agency's child
welfare outcomes and include information about how the responsible social services agency
will achieve and document trauma-informed, positive child well-being outcomes through
remediation efforts.
new text end

new text begin Subd. 4. new text end

new text begin Noncompliance. new text end

new text begin Any responsible social services agency that fails to comply
with this section is subject to corrective action and a fine determined by the commissioner.
The commissioner shall use fines received under this subdivision to support compliance
with this act but shall not use amounts received to supplant funding for existing services.
new text end

Sec. 11.

new text begin [260.695] AFRICAN AMERICAN CHILD WELL-BEING ADVISORY
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin The African American Child Well-Being Advisory Council shall:
new text end

new text begin (1) review annual reports related to African American children in out-of-home placement;
new text end

new text begin (2) assist in and make recommendations to the commissioner for developing strategies
to prevent out-of-home placement, promote culturally appropriate foster care and shelter
or facility placement decisions and settings for African American children, and improve
child welfare outcomes for African American children and families;
new text end

new text begin (3) review summary reports on case reviews prepared by the commissioner to ensure
that responsible social services agencies meet the needs of African American families. The
council may review individual case information with identifying information redacted to
provide context and oversight and to address disparities in the treatment of African American
children and families as compared to other children and families involved in the child welfare
system;
new text end

new text begin (4) assist the Cultural and Ethnic Communities Leadership Council with making
recommendations to the commissioner and the legislature for public policy and statutory
changes that specifically consider the needs of African American children and families
involved in the child welfare system;
new text end

new text begin (5) advise the commissioner and responsible social services agencies on stakeholder
engagement and actions that the commissioner and agencies may take to improve child
welfare outcomes for African American children and families;
new text end

new text begin (6) assist the commissioner with developing strategies for public messaging and
communication related to racial disparities in child welfare outcomes for African American
children and families;
new text end

new text begin (7) assist the commissioner with identifying and developing internal and external
partnerships to support adequate access to services and resources for African American
children and families, including but not limited to housing assistance, employment assistance,
food and nutrition support, health care, child care assistance, and educational support and
training; and
new text end

new text begin (8) identify barriers to the development of a racially and ethnically diverse child welfare
workforce in Minnesota that includes professionals who have been directly impacted by
experiences within the child welfare system and explore strategies and partnerships to
address education and training needs and hiring and recruitment practices.
new text end

new text begin Subd. 2. new text end

new text begin Case review. new text end

new text begin (a) The council may initiate a secondary case review of an African
American child's case upon the request of a child's parent or custodian or the child if the
council determines that a secondary case review is appropriate after reviewing the
commissioner's summary report and conclusions from the initial case review. The purpose
of a secondary case review under this subdivision is to provide recommendations to the
commissioner and the responsible social services agency to improve the child welfare system
and provide better outcomes for the child and the child's family.
new text end

new text begin (b) Upon the request of the parent, custodian, or child, members of the African American
Child Well-Being Advisory Council shall have access to the following data, as permitted
under applicable statutes, for a child's case review under this subdivision:
new text end

new text begin (1) law enforcement investigative data;
new text end

new text begin (2) autopsy records and coroner or medical examiner investigative data;
new text end

new text begin (3) hospital, public health, and other medical records of the child;
new text end

new text begin (4) hospital and other medical records of the child's parent that relate to prenatal care;
new text end

new text begin (5) records of any responsible social services agency that provided services to the child
or family; and
new text end

new text begin (6) a responsible social services agency's personnel data regarding any agency employees
who provided services to the child or child's family members.
new text end

new text begin A state agency, statewide system, or political subdivision shall provide the data in paragraph
(b) to the African American Child Well-Being Advisory Council and the council's members
upon request of the commissioner. Not public data may be shared with members of the
council in connection with an individual case.
new text end

new text begin (c) Not public data acquired by the African American Child Well-Being Advisory Council
in the exercise of its duties retains its original classification. The commissioner may not
disclose data on individuals that were classified as confidential or private data on individuals
in possession of the state agency, statewide system, or political subdivision from which the
data were received, except that the commissioner may disclose responsible social services
agency data as provided in section 260E.35, subdivision 7, on individual cases involving a
fatality or near fatality of a person served by the responsible social services agency prior to
the date of the death or incident.
new text end

new text begin (d) The proceedings and records of the council that pertain to the case review of an
individual child are private data or confidential data to the extent that they contain data on
an active investigation. Information, documents, and records otherwise available from other
sources are not immune from discovery or use in a civil or criminal action solely because
the information, documents, and records were presented during proceedings of the council.
A person who presented information before the council or who is a member of the council
is not prevented from testifying about matters within the person's knowledge.
new text end

new text begin Subd. 3. new text end

new text begin Annual report. new text end

new text begin By January 1 of each year, beginning January 1, 2026, the
council shall report to the chairs and ranking minority members of the legislative committees
with jurisdiction over child protection on the council's activities under this section and other
issues of the council's choosing. The report may include recommendations for statutory
changes to improve the child protection system and child welfare outcomes for African
American children and families.
new text end

Sec. 12.

new text begin [260.696] AFRICAN AMERICAN CHILD WELL-BEING UNIT.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin The African American Child Well-Being Unit, established by
the commissioner, shall perform the following functions:
new text end

new text begin (1) assist with the development of African American cultural competency training and
review child welfare curriculum in the Minnesota Child Welfare Training Academy to
ensure that responsible social services agency staff and other child welfare professionals
are appropriately prepared to engage with African American families and to support family
preservation and reunification;
new text end

new text begin (2) provide technical assistance, including on-site technical assistance, and case
consultation to responsible social services agencies to assist agencies with implementing
and complying with this act;
new text end

new text begin (3) monitor the number and placement settings of African American children in
out-of-home placement statewide to identify trends and develop strategies to address
disproportionality in the child welfare system at the state and county levels;
new text end

new text begin (4) develop and implement a system for conducting case reviews when the commissioner
receives reports of noncompliance with this act or when requested by the parent or custodian
of an African American child. Case reviews may include but are not limited to a review of
placement prevention efforts, safety planning, case planning and service provision by the
responsible social services agency, relative placement consideration, and permanency
planning;
new text end

new text begin (5) establish and administer a request for proposals process for African American and
disproportionately represented family preservation grants under section 260.697, monitor
grant activities, and provide technical assistance to grantees;
new text end

new text begin (6) coordinate services and create internal and external partnerships to support adequate
access to services and resources for African American children and families, including but
not limited to housing assistance, employment assistance, food and nutrition support, health
care, child care assistance, and educational support and training, in consultation with the
African American Child Well-Being Advisory Council; and
new text end

new text begin (7) develop public messaging and communication to inform the general public in
Minnesota about racial disparities in child welfare outcomes, current efforts and strategies
to reduce racial disparities, and resources available to African American children and families
involved in the child welfare system.
new text end

new text begin Subd. 2. new text end

new text begin Reports. new text end

new text begin The African American Child Well-Being Unit shall provide regular
updates on unit activities, including summary reports of case reviews, to the African
American Child Well-Being Advisory Council and shall publish an annual census of African
American children in out-of-home placements statewide. The annual census shall include
data on the types of placements, age and sex of the children, how long the children have
been in out-of-home placements, and other relevant demographic information.
new text end

Sec. 13.

new text begin [260.697] AFRICAN AMERICAN AND DISPROPORTIONATELY
REPRESENTED FAMILY PRESERVATION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Primary support grants. new text end

new text begin The commissioner shall establish direct grants
to organizations, service providers, and programs owned and led by African Americans and
other individuals from communities disproportionately represented in the child welfare
system to provide services and support for African American and disproportionately
represented children and families involved in Minnesota's child welfare system, including
supporting existing eligible services and facilitating the development of new services and
providers, to create a more expansive network of service providers available for African
American and disproportionately represented children and families.
new text end

new text begin Subd. 2. new text end

new text begin Eligible services. new text end

new text begin (a) Services eligible for grants under this section include but
are not limited to:
new text end

new text begin (1) child out-of-home placement prevention and reunification services;
new text end

new text begin (2) family-based services and reunification therapy;
new text end

new text begin (3) culturally specific individual and family counseling;
new text end

new text begin (4) court advocacy;
new text end

new text begin (5) training of and consultation with responsible social services agencies and private
social services agencies regarding this act;
new text end

new text begin (6) services to support informal kinship care arrangements; and
new text end

new text begin (7) other activities and services approved by the commissioner that further the goals of
the Minnesota African American Family Preservation and Child Welfare Disproportionality
Act, including but not limited to the recruitment of African American staff and staff from
other communities disproportionately represented in the child welfare system to work for
responsible social services agencies and licensed child-placing agencies.
new text end

new text begin (b) The commissioner may specify the priority of an activity and service based on its
success in furthering these goals. The commissioner shall give preference to programs and
service providers that are located in or serve counties with the highest rates of child welfare
disproportionality for African American and other disproportionately represented children
and families, and employ staff who represent the population primarily served.
new text end

new text begin Subd. 3. new text end

new text begin Ineligible services. new text end

new text begin Grant money may not be used to supplant funding for
existing services or for the following purposes:
new text end

new text begin (1) child day care that is necessary solely because of the employment or training for
employment of a parent or another relative with whom the child is living;
new text end

new text begin (2) foster care maintenance or difficulty of care payments;
new text end

new text begin (3) residential treatment facility payments;
new text end

new text begin (4) adoption assistance or Northstar kinship assistance payments under chapter 259A
or 256N;
new text end

new text begin (5) public assistance payments for Minnesota family investment program assistance,
supplemental aid, medical assistance, general assistance, general assistance medical care,
or community health services; or
new text end

new text begin (6) administrative costs for income maintenance staff.
new text end

new text begin Subd. 4. new text end

new text begin Requests for proposals. new text end

new text begin The commissioner shall request proposals for grants
under subdivisions 1, 2, and 3, and specify the information and criteria required.
new text end

Sec. 14.

Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:

Subd. 3.

Petition.

The county attorney deleted text begin or deleted text end new text begin , new text end a parent whose parental rights were terminated
under a previous order of the court new text begin , an African American or a disproportionately represented
child who is ten years of age or older, the responsible social services agency, or a guardian
ad litem new text end may file a petition for the reestablishment of the legal parent and child relationship.
A parent filing a petition under this section shall pay a filing fee in the amount required
under section 357.021, subdivision 2, clause (1). The filing fee may be waived deleted text begin pursuant to
chapter 563 deleted text end new text begin in cases of indigency new text end . A petition for the reestablishment of the legal parent and
child relationship may be filed when:

deleted text begin (1) in cases where the county attorney is the petitioning party, both the responsible social
services agency and the county attorney agree that reestablishment of the legal parent and
child relationship is in the child's best interests;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end the parent has corrected the conditions that led to an order terminating parental
rights;

deleted text begin (3) deleted text end new text begin (2) new text end the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child;

deleted text begin (4) deleted text end new text begin (3) new text end the child has been in foster care for at least deleted text begin 48 deleted text end new text begin 24 new text end months after the court issued
the order terminating parental rights;

deleted text begin (5) deleted text end new text begin (4) new text end the child has not been adopted; and

deleted text begin (6) deleted text end new text begin (5) new text end the child is not the subject of a written adoption placement agreement between
the responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2.

Sec. 15.

Minnesota Statutes 2022, section 260C.329, subdivision 8, is amended to read:

Subd. 8.

Hearing.

The court may grant the petition ordering the reestablishment of the
legal parent and child relationship only if it finds by clear and convincing evidence that:

(1) reestablishment of the legal parent and child relationship is in the child's best interests;

(2) the child has not been adopted;

(3) the child is not the subject of a written adoption placement agreement between the
responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2;

deleted text begin (4) at least 48 months have elapsed following a final order terminating parental rights
and the child remains in foster care;
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end the child desires to reside with the parent;

deleted text begin (6) deleted text end new text begin (5) new text end the parent has corrected the conditions that led to an order terminating parental
rights; and

deleted text begin (7) deleted text end new text begin (6) new text end the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child.

Sec. 16. new text begin CULTURAL COMPETENCY TRAINING FOR INDIVIDUALS WORKING
WITH AFRICAN AMERICAN AND DISPROPORTIONATELY REPRESENTED
FAMILIES AND CHILDREN IN THE CHILD WELFARE SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The commissioner of human services shall collaborate
with the Children's Justice Initiative to ensure that cultural competency training is given to
individuals working in the child welfare system, including child welfare workers, supervisors,
attorneys, juvenile court judges, and family law judges.
new text end

new text begin Subd. 2. new text end

new text begin Training. new text end

new text begin (a) The commissioner shall consult with the African American Child
Well-Being Advisory Council to develop training content and establish the frequency of
trainings.
new text end

new text begin (b) The cultural competency training under this section is required prior to or within six
months of beginning work with any African American or disproportionately represented
child and family. A responsible social services agency staff person who is unable to complete
the cultural competency training prior to working with African American or
disproportionately represented children and families must work with a qualified staff person
within the agency who has completed cultural competency training until the person is able
to complete the required training. The training must be available by January 1, 2025, and
must:
new text end

new text begin (1) be provided by an individual or organization that serves African American and
disproportionately represented communities or has experience and knowledge about African
American and disproportionately represented communities' social and cultural norms and
historical trauma;
new text end

new text begin (2) raise awareness and increase a person's competency to value diversity, conduct a
self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
to diversity and the cultural contexts of communities served;
new text end

new text begin (3) include instruction on effectively developing a safety plan and instruction on engaging
a safety network; and
new text end

new text begin (4) be accessible and comprehensive and include the ability to ask questions.
new text end

new text begin (c) The training may be provided in a series of segments, either in person or online.
new text end

new text begin Subd. 3. new text end

new text begin Update. new text end

new text begin The commissioner, in coordination with the African American Child
Well-Being Advisory Council, shall provide an update to the legislative committees with
jurisdiction over child protection issues by January 1, 2025, on the rollout of the training
under subdivision 1 and the content and accessibility of the training under subdivision 2.
new text end

Sec. 17. new text begin DISAGGREGATE DATA.
new text end

new text begin The commissioner of human services shall work with the African American Child
Well-Being Advisory Council to establish a method to disaggregate data related to African
American and other child welfare disproportionality and begin disaggregating data by
January 1, 2025.
new text end

Sec. 18. new text begin ENSURING FREQUENT VISITATION FOR AFRICAN AMERICAN AND
DISPROPORTIONATELY REPRESENTED CHILDREN IN OUT-OF-HOME
PLACEMENT.
new text end

new text begin A responsible social services agency must engage in best practices related to visitation
when an African American or a disproportionately represented child is in out-of-home
placement. When the child is in out-of-home placement, the responsible social services
agency shall make active efforts to facilitate regular and frequent visitation between the
child and the child's parents or custodians, the child's siblings, and the child's relatives. If
visitation is infrequent between the child and the child's parents, custodians, siblings, or
relatives, the responsible social services agency shall make active efforts to increase the
frequency of visitation and address any barriers to visitation.
new text end

Sec. 19. new text begin CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL.
new text end

new text begin The commissioner of human services shall develop, maintain, and administer a publicly
accessible online compliance and feedback portal to receive reports of noncompliance with
the Layla Jackson Law under Minnesota Statutes, sections 260.61 to 260.697, and other
statutes related to child maltreatment, safety, and placement. Reports received through the
portal must be transferred for review and further action to the appropriate unit or department
within the Department of Human Services.
new text end

Sec. 20. new text begin DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
IN FOSTER CARE BEST PRACTICES.
new text end

new text begin The commissioner of human services shall develop and publish guidance on best practices
for ensuring that African American and disproportionately represented children in foster
care maintain connections and relationships with their parents, custodians, and extended
relative and kin network. The commissioner shall also develop and publish best practice
guidance on engaging and assessing noncustodial and nonadjudicated parents to care for
their African American or disproportionately represented children who cannot remain with
the children's custodial parents.
new text end

Sec. 21. new text begin SEVERABILITY.
new text end

new text begin The provisions in this act are severable. If any part or provision of the sections of this
act, or the application of any section to any person, entity, or circumstance, is held invalid
or unconstitutional, the remainder, including the application of the part or provision to other
persons, entities, or circumstances, shall not be affected by the holding and shall continue
to have force and effect.
new text end

Sec. 22. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
of human services for the administration of the Layla Jackson Law under Minnesota Statutes,
sections 260.61 to 260.697. This is an ongoing appropriation.
new text end

new text begin (b) $....... in fiscal year 2025 is appropriated from the general fund to the commissioner
of human services for the development, maintenance, and administration of the child welfare
compliance and feedback portal. This is an ongoing appropriation.
new text end