HF 3039

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/11/2010 10:44am

A bill for an act
relating to children; modifying driver's license requirements for foster children;
requiring in-court reviews; expanding the definition of parent for child protection
proceedings; amending Minnesota Statutes 2008, sections 171.04, subdivision
1; 171.05, subdivision 2; 171.055, subdivision 1; 245C.33, subdivision 4;
260C.007, subdivision 4; 260C.163, subdivisions 1, 2; 260C.193, subdivision
6; 260C.201, subdivision 10; 260C.317, subdivision 3; 260C.451; Minnesota
Statutes 2009 Supplement, sections 260C.007, subdivision 25; 260C.150,
subdivision 3; 260C.178, subdivision 3; 260C.201, subdivision 11; 260C.212,
subdivision 7; 260C.331, subdivision 1; 260C.456.

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

ARTICLE 1

FOSTER CHILDREN; DRIVER'S LICENSE

Section 1.

Minnesota Statutes 2008, section 171.04, subdivision 1, is amended to read:

Subdivision 1.

Persons not eligible.

The department shall not issue a driver's
license:

(1) to any person under 18 years unless:

(i) the applicant is 16 or 17 years of age and has a previously issued valid license
from another state or country or the applicant has, for the 12 consecutive months
preceding application, held a provisional license and during that time has incurred (A) no
conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50
to 169A.53, (B) no conviction for a crash-related moving violation, and (C) not more
than one conviction for a moving violation that is not crash related. "Moving violation"
means a violation of a traffic regulation but does not include a parking violation, vehicle
equipment violation, or warning citation;

(ii) the application for a license is approved by (A) either parent when both reside in
the same household as the minor applicant or, if otherwise, then (B) the parent or spouse
of the parent having custody or, in the event there is no court order for custody, then (C)
the parent or spouse of the parent with whom the minor is living or, if subitems (A) to
(C) do not apply, then (D) the guardian having custody of the minor new text begin , (E) the foster parent
or director of the transitional living program in which the child resides new text end or, in the event
a person under the age of 18 has no living father, mother, or guardian, or is married or
otherwise legally emancipated, then deleted text begin (E) deleted text end new text begin (F) new text end the minor's adult spouse, adult close family
member, or adult employer; provided, that the approval required by this item contains a
verification of the age of the applicant and the identity of the parent, guardian, adult
spouse, adult close family member, or adult employer; and

(iii) the applicant presents a certification by the person who approves the application
under item (ii), stating that the applicant has driven a motor vehicle accompanied by
and under supervision of a licensed driver at least 21 years of age for at least ten hours
during the period of provisional licensure;

(2) to any person who is 18 years of age or younger, unless the person has applied
for, been issued, and possessed the appropriate instruction permit for a minimum of six
months, and, with respect to a person under 18 years of age, a provisional license for a
minimum of 12 months;

(3) to any person who is 19 years of age or older, unless that person has applied
for, been issued, and possessed the appropriate instruction permit for a minimum of
three months;

(4) to any person whose license has been suspended during the period of suspension
except that a suspended license may be reinstated during the period of suspension upon
the licensee furnishing proof of financial responsibility in the same manner as provided in
the Minnesota No-Fault Automobile Insurance Act;

(5) to any person whose license has been revoked except upon furnishing proof
of financial responsibility in the same manner as provided in the Minnesota No-Fault
Automobile Insurance Act and if otherwise qualified;

(6) to any drug-dependent person, as defined in section 254A.02, subdivision 5;

(7) to any person who has been adjudged legally incompetent by reason of mental
illness, mental deficiency, or inebriation, and has not been restored to capacity, unless
the department is satisfied that the person is competent to operate a motor vehicle with
safety to persons or property;

(8) to any person who is required by this chapter to take a vision, knowledge, or road
examination, unless the person has successfully passed the examination. An applicant
who fails four road tests must complete a minimum of six hours of behind-the-wheel
instruction with an approved instructor before taking the road test again;

(9) to any person who is required under the Minnesota No-Fault Automobile
Insurance Act to deposit proof of financial responsibility and who has not deposited the
proof;

(10) to any person when the commissioner has good cause to believe that the
operation of a motor vehicle on the highways by the person would be inimical to public
safety or welfare;

(11) to any person when, in the opinion of the commissioner, the person is afflicted
with or suffering from a physical or mental disability or disease that will affect the person
in a manner as to prevent the person from exercising reasonable and ordinary control over
a motor vehicle while operating it upon the highways;

(12) to a person who is unable to read and understand official signs regulating,
warning, and directing traffic;

(13) to a child for whom a court has ordered denial of driving privileges under
section 260C.201, subdivision 1, or 260B.235, subdivision 5, until the period of denial is
completed; or

(14) to any person whose license has been canceled, during the period of cancellation.

Sec. 2.

Minnesota Statutes 2008, section 171.05, subdivision 2, is amended to read:

Subd. 2.

Person less than 18 years of age.

(a) Notwithstanding any provision
in subdivision 1 to the contrary, the department may issue an instruction permit to an
applicant who is 15, 16, or 17 years of age and who:

(1) has completed a course of driver education in another state, has a previously
issued valid license from another state, or is enrolled in either:

(i) a public, private, or commercial driver education program that is approved by
the commissioner of public safety and that includes classroom and behind-the-wheel
training; or

(ii) an approved behind-the-wheel driver education program when the student is
receiving full-time instruction in a home school within the meaning of sections 120A.22
and 120A.24, the student is working toward a homeschool diploma, the student's status
as a homeschool student has been certified by the superintendent of the school district in
which the student resides, and the student is taking home-classroom driver training with
classroom materials approved by the commissioner of public safety;

(2) has completed the classroom phase of instruction in the driver education program;

(3) has passed a test of the applicant's eyesight;

(4) has passed a department-administered test of the applicant's knowledge of traffic
laws;

(5) has completed the required application, which must be approved by (i) either
parent when both reside in the same household as the minor applicant or, if otherwise,
then (ii) the parent or spouse of the parent having custody or, in the event there is no
court order for custody, then (iii) the parent or spouse of the parent with whom the minor
is living or, if items (i) to (iii) do not apply, then (iv) the guardian having custody of the
minor new text begin , (v) the foster parent or the director of the transitional living program in which the
child resides new text end or, in the event a person under the age of 18 has no living father, mother,
or guardian, or is married or otherwise legally emancipated, then deleted text begin (v) deleted text end new text begin (vi) new text end the applicant's
adult spouse, adult close family member, or adult employer; provided, that the approval
required by this clause contains a verification of the age of the applicant and the identity of
the parent, guardian, adult spouse, adult close family member, or adult employer; and

(6) has paid the fee required in section 171.06, subdivision 2.

(b) The instruction permit is valid for two years from the date of application and
may be renewed upon payment of a fee equal to the fee for issuance of an instruction
permit under section 171.06, subdivision 2.

Sec. 3.

Minnesota Statutes 2008, section 171.055, subdivision 1, is amended to read:

Subdivision 1.

Requirements for provisional license.

(a) The department may
issue a provisional license, which must be distinctive in appearance from a driver's
license, to an applicant who:

(1) has reached the age of 16 years;

(2) during the six months immediately preceding the application for the provisional
license has possessed an instruction permit and has incurred (i) no convictions for a
violation of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53, (ii) no
convictions for a crash-related moving violation, and (iii) no convictions for a moving
violation that is not crash related;

(3) has successfully completed a course of driver education in accordance with
department rules;

(4) completes the required application, which must be approved by (i) either parent
when both reside in the same household as the minor applicant or, if otherwise, then (ii)
the parent or spouse of the parent having custody or, in the event there is no court order for
custody, then (iii) the parent or spouse of the parent with whom the minor is living or, if
items (i) to (iii) do not apply, then (iv) the guardian having custody of the minor new text begin , (v) the
foster parent or the director of the transitional living program in which the child resides new text end or,
in the event a person under the age of 18 has no living father, mother, or guardian, or is
married or otherwise legally emancipated, then deleted text begin (v) deleted text end new text begin (vi) new text end the applicant's adult spouse, adult
close family member, or adult employer; provided, that the approval required by this
clause contains a verification of the age of the applicant and the identity of the parent,
guardian, adult spouse, adult close family member, or adult employer;

(5) presents certification by the person who approves the application under clause
(4) stating that the applicant has driven a motor vehicle accompanied by and under the
supervision of a licensed driver at least 21 years of age, for no less than 30 hours, at least
ten of which were nighttime hours; and

(6) pays the fee required in section 171.06, subdivision 2.

(b) For purposes of this section, "moving violation" has the meaning given it in
section 171.04, subdivision 1.

(c) Notwithstanding paragraph (a), clause (2), the commissioner shall not issue a
provisional license to a person who has ever incurred a conviction for violation of section
169A.20, 169A.33, or 169A.35; a violation of a provision of sections 169A.50 to 169A.53;
or a crash-related moving violation, and at the time of the conviction the person did not
possess an instruction permit.

ARTICLE 2

MISCELLANEOUS

Section 1.

Minnesota Statutes 2008, section 245C.33, subdivision 4, is amended to read:

Subd. 4.

Information commissioner reviews.

(a) The commissioner shall review
the following information regarding the background study subject:

(1) the information under section 245C.08, subdivisions 1, 3, and 4;

(2) information from the child abuse and neglect registry for any state in which the
subject has resided for the past five years; and

(3) information from national crime information databases, when required under
section 245C.08.

(b) The commissioner shall provide any information collected under this subdivision
to the county or private agency that initiated the background study. The commissioner
shall deleted text begin indicate if deleted text end new text begin also provide the agency:
new text end

new text begin (1) notice whether new text end the information collected shows that the subject of the background
study has a conviction listed in United States Code, title 42, section 671(a)(20)(A) new text begin ; and
new text end

new text begin (2) the date of all adoption-related background studies completed on the subject by
the commissioner after June 30, 2007, and the name of the county or private agency that
initiated the adoption-related background study new text end .

Sec. 2.

Minnesota Statutes 2008, section 260C.007, subdivision 4, is amended to read:

Subd. 4.

Child.

"Child" means an individual under 18 years of age. new text begin For purposes of
this chapter, child also includes individuals under age 21 who are in foster care pursuant to
section 260C.451.
new text end

Sec. 3.

Minnesota Statutes 2008, section 260C.193, subdivision 6, is amended to read:

Subd. 6.

new text begin Jurisdiction to review foster care to age 21, new text end termination of jurisdiction new text begin ,
jurisdiction to age 18 new text end .

new text begin (a) Jurisdiction over a child in foster care pursuant to section
260C.451 may continue to age 21 for the purpose of conducting the reviews required under
section 260C.201, subdivision 11, paragraph (d), 260C.212, subdivision 7, or 260C.317,
subdivision 3. Jurisdiction over a child in foster care pursuant to section 260C.451 shall
not be terminated without giving the child notice of any motion or proposed order to
dismiss jurisdiction and an opportunity to be heard on the appropriateness of the dismissal.
When a child in foster care pursuant to section 260C.451 asks to leave foster care or
actually leaves foster care, the court may terminate its jurisdiction.
new text end

new text begin (b) Except when a court order is necessary for a child to be in foster care or when
continued review under (1) section 260C.212, subdivision 7, paragraph (d), or 260C.201,
subdivision 11, paragraph (d); and (2) section 260C.317, subdivision 3, is required for
a child in foster care under section 260C.451, new text end the court may deleted text begin dismiss the petition or
otherwise deleted text end terminate deleted text begin its deleted text end jurisdiction on its own motion or deleted text begin on deleted text end the motion deleted text begin or petition deleted text end of any
interested party deleted text begin at any time deleted text end new text begin upon a determination that jurisdiction is no longer necessary to
protect the child's best interests new text end .

new text begin (c) new text end Unless terminated by the court, and except as otherwise provided in this
subdivision, the jurisdiction of the court shall continue until the deleted text begin individual deleted text end new text begin child new text end becomes
deleted text begin 19 deleted text end new text begin 18 new text end years of age deleted text begin if the court determines it is in the best interest of the individual to do so deleted text end .

Sec. 4.

Minnesota Statutes 2008, section 260C.201, subdivision 10, is amended to read:

Subd. 10.

Court review of foster care.

(a) If the court orders a child placed in
foster care, the court shall review the out-of-home placement at least every 90 days as
required in juvenile court rules to determine whether continued out-of-home placement is
necessary and appropriate or whether the child should be returned home. This review is
not required if the court has returned the child home, ordered the child permanently placed
away from the parent under subdivision 11, or terminated rights under section 260C.301.
Court review for a child permanently placed away from a parent, including where the
child is under guardianship and legal custody of the commissioner, shall be governed by
subdivision 11 or section 260C.317, subdivision 3, whichever is applicable.

(b) No later than six months after the child's placement in foster care, the court shall
review agency efforts pursuant to section 260C.212, subdivision 2, and order that the
efforts continue if the agency has failed to perform the duties under that section.

(c) The court shall review the out-of-home placement plan and may modify the plan
as provided under subdivisions 6 and 7.

(d) When the court orders transfer of custody to a responsible social services
agency resulting in foster care or protective supervision with a noncustodial parent under
subdivision 1, the court shall notify the parents of the provisions of subdivisions 11 and
11a as required under juvenile court rules.

new text begin (e) When a child remains in foster care pursuant to section 260C.451 and the court
has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the court shall
annually conduct the review required under subdivision 11, paragraph (d), or sections
260C.212, subdivision 7, and 260C.317, subdivision 3.
new text end

Sec. 5.

Minnesota Statutes 2008, section 260C.317, subdivision 3, is amended to read:

Subd. 3.

Order; retention of jurisdiction.

(a) A certified copy of the findings and
the order terminating parental rights, and a summary of the court's information concerning
the child shall be furnished by the court to the commissioner or the agency to which
guardianship is transferred. The orders shall be on a document separate from the findings.
The court shall furnish the individual to whom guardianship is transferred a copy of the
order terminating parental rights.

(b) The court shall retain jurisdiction in a case where adoption is the intended
permanent placement disposition until the child's adoption is finalized, the child is 18
years of age, deleted text begin or the child is otherwise ordered discharged from the jurisdiction of the
court deleted text end new text begin or, for children in foster care beyond age 18 pursuant to section 260C.451, until the
individual becomes 21 years of age according to the provisions in sections 260C.193,
subdivision 6, and 260C.451 new text end . The guardian ad litem and counsel for the child shall
continue on the case until an adoption decree is entered. A hearing must be held every 90
days following termination of parental rights for the court to review progress toward an
adoptive placement and the specific recruitment efforts the agency has taken to find an
adoptive family or other placement living arrangement for the child and to finalize the
adoption or other permanency plan.

(c) The responsible social services agency may make a determination of compelling
reasons for a child to be in long-term foster care when the agency has made exhaustive
efforts to recruit, identify, and place the child in an adoptive home, and the child continues
in foster care for at least 24 months after the court has issued the order terminating
parental rights. A child of any age who is under the guardianship of the commissioner of
the Department of Human Services and is legally available for adoption may not refuse
or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the
child in an adoptive home required under paragraph (b) or sign a document relieving
county social services agencies of all recruitment efforts on the child's behalf. Upon
approving the agency's determination of compelling reasons, the court may order the
child placed in long-term foster care. At least every 12 months thereafter as long as the
child continues in out-of-home placement, the court shall conduct a permanency review
hearing to determine the future status of the child using the review requirements of section
260C.201, subdivision 11, paragraph (g).

(d) The court shall retain jurisdiction through the child's minority in a case where
long-term foster care is the permanent disposition whether under paragraph (c) or section
260C.201, subdivision 11 new text begin , or for children in foster care beyond age 18 pursuant to section
260C.451, until the individual becomes 21 years of age according to the provisions set
forth in sections 260C.193, subdivision 6, and 260C.451 new text end .

Sec. 6.

Minnesota Statutes 2009 Supplement, section 260C.331, subdivision 1, is
amended to read:

Subdivision 1.

Care, examination, or treatment.

(a) Except where parental rights
are terminated,

(1) whenever legal custody of a child is transferred by the court to a responsible
social services agency,

(2) whenever legal custody is transferred to a person other than the responsible social
services agency, but under the supervision of the responsible social services agency, or

(3) whenever a child is given physical or mental examinations or treatment under
order of the court, and no provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge upon the welfare funds of
the county in which proceedings are held upon certification of the judge of juvenile court.

(b) The court shall order, and the responsible social services agency shall require,
the parents or custodian of a child, while the child is under the age of 18, to use the
total income and resources attributable to the child for the period of care, examination,
or treatment, except for clothing and personal needs allowance as provided in section
256B.35, to reimburse the county for the cost of care, examination, or treatment. Income
and resources attributable to the child include, but are not limited to, Social Security
benefits, supplemental security income (SSI), veterans benefits, railroad retirement
benefits and child support. When the child is over the age of 18, and continues to receive
care, examination, or treatment, the court shall order, and the responsible social services
agency shall require, reimbursement from the child for the cost of care, examination, or
treatment from the income and resources attributable to the child less the clothing and
personal needs allowance. Income does not include earnings from a child over the age
of 18 who is working as part of a plan under section 260C.212, subdivision 1, paragraph
(c), clause (11), to transition from foster care new text begin , or the income and resources from sources
other than supplemental security income and child support that are needed to complete the
requirements listed in section 260C.212, subdivision 7, paragraph (d), clause (2) new text end .

(c) If the income and resources attributable to the child are not enough to reimburse
the county for the full cost of the care, examination, or treatment, the court shall inquire
into the ability of the parents to support the child and, after giving the parents a reasonable
opportunity to be heard, the court shall order, and the responsible social services agency
shall require, the parents to contribute to the cost of care, examination, or treatment of
the child. When determining the amount to be contributed by the parents, the court shall
use a fee schedule based upon ability to pay that is established by the responsible social
services agency and approved by the commissioner of human services. The income of
a stepparent who has not adopted a child shall be excluded in calculating the parental
contribution under this section.

(d) The court shall order the amount of reimbursement attributable to the parents
or custodian, or attributable to the child, or attributable to both sources, withheld under
chapter 518A from the income of the parents or the custodian of the child. A parent or
custodian who fails to pay without good reason may be proceeded against for contempt, or
the court may inform the county attorney, who shall proceed to collect the unpaid sums,
or both procedures may be used.

(e) If the court orders a physical or mental examination for a child, the examination
is a medically necessary service for purposes of determining whether the service is
covered by a health insurance policy, health maintenance contract, or other health
coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan
requirements for medical necessity. Nothing in this paragraph changes or eliminates
benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions,
or other requirements in the policy, contract, or plan that relate to coverage of other
medically necessary services.

(f) Notwithstanding paragraph (b), (c), or (d), a parent, custodian, or guardian of the
child is not required to use income and resources attributable to the child to reimburse
the county for costs of care and is not required to contribute to the cost of care of the
child during any period of time when the child is returned to the home of that parent,
custodian, or guardian pursuant to a trial home visit under section 260C.201, subdivision
1, paragraph (a).

Sec. 7.

Minnesota Statutes 2008, section 260C.451, is amended to read:

260C.451 deleted text begin AGE LIMIT FOR BENEFITS TO CHILDREN deleted text end new text begin FOSTER CARE
BENEFITS TO AGE 21 new text end .

new text begin Subdivision 1. new text end

new text begin Notification of benefits. new text end

deleted text begin For purposes of any program for foster
children or children under state guardianship for which benefits are made available on June
1, 1973, unless specifically provided therein, the age of majority shall be 21 years of age. deleted text end new text begin
Within the six months prior to the child's 18th birthday, the local agency shall advise any
child in foster care under this chapter, the child's parents or legal guardian, if any, and the
child's foster parents of the availability of benefits of the foster care program up to age 21.
new text end

new text begin Subd. 2. new text end

new text begin Independent living plan. new text end

new text begin Upon the request of any child receiving foster
care benefits immediately prior to the child's 18th birthday and who is in foster care at
the time of the request, the local agency shall, in conjunction with the child and other
appropriate parties, update the independent living plan required under section 260C.212,
subdivision 1, paragraph (c), clause (11), related to the child's employment, vocational,
educational, social, or maturational needs. The agency shall provide continued services
and foster care for the child including those services that are necessary to implement the
independent living plan.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin A child already in foster care may continue in foster care past
age 18. The child must meet at least one of the following conditions to be considered
eligible to continue in foster care to age 21. The child must be:
new text end

new text begin (1) completing secondary education or a program leading to an equivalent credential;
new text end

new text begin (2) enrolled in an institution which provides postsecondary or vocational education;
new text end

new text begin (3) participating in a program or activity designed to promote or remove barriers to
employment;
new text end

new text begin (4) employed for at least 80 hours per month; or
new text end

new text begin (5) incapable of doing any of the activities described in clauses (1) to (4) due to a
medical condition.
new text end

new text begin Subd. 4. new text end

new text begin Foster care benefits. new text end

new text begin For children between the ages of 18 and 21, "foster
care benefits" means payment for those foster care settings defined in section 260C.007,
subdivision 18. Additionally, foster care benefits means payment for a supervised setting
in which a child may live independently.
new text end

new text begin Subd. 5. new text end

new text begin Permanent decision. new text end

new text begin The particular foster care setting, including
supervised settings, shall be selected based on the best interest of the child consistent with
section 260C.212, subdivision 2. Supervision in approved settings must be determined by
an individual determination of the child's needs by the responsible social services agency
and consistent with section 260C.212, subdivision 4a.
new text end

new text begin Subd. 6. new text end

new text begin Individual plan to age 21. new text end

new text begin Upon request of an individual between the
ages of 18 and 21 who, within six months of the individual's 18th birthday, had been under
the guardianship of the commissioner and who has left foster care, the responsible social
services agency which had been the commissioner's agent for purposes of the guardianship
shall develop with the individual a plan related to the individual's vocational, educational,
social, or maturational needs. The agency shall provide foster care with maintenance and
counseling benefits as required to implement the plan. The agency shall enter into a
voluntary placement agreement with the individual if the plan includes foster care.
new text end

new text begin Subd. 7. new text end

new text begin Jurisdiction. new text end

new text begin Notwithstanding that the court retains jurisdiction pursuant
to this section, individuals in foster care pursuant to this section are adults for all purposes
except the continued provision of foster care. Any order establishing guardianship under
section 260C.325, any legal custody order under section 260C.201, subdivision 1, and any
order for legal custody associated with an order for long-term foster care under section
260C.201, subdivision 11, terminates on the child's 18th birthday.
new text end

Sec. 8.

Minnesota Statutes 2009 Supplement, section 260C.456, is amended to read:

260C.456 FOSTER CARE BENEFITS UNTIL AGE 21.

Upon the request of a person, at any time, between the ages of 18 and 21 who had
been receiving foster care benefits in the six consecutive months prior to the person's 18th
birthday, or who was discharged while on runaway status after age 15, deleted text begin or who had been
under the state guardianship as dependent or neglected, deleted text end the local agency shall develop, in
conjunction with the person and other appropriate parties, a specific plan related to that
person's vocational, educational, social, or maturational needs and, to the extent funds
are available, shall ensure that any foster care, housing, or counseling benefits are tied
to that plan. new text begin Youth who left foster care while under state guardianship as dependent or
neglected retain their ability to return to foster care for placement at any time between the
ages of 18 and 21.
new text end

ARTICLE 3

FOSTER CARE

Section 1.

Minnesota Statutes 2008, 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) 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.

(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 deleted text begin any deleted text end new text begin its new text end consult with the child new text begin during the
hearing new text end is in an age-appropriate manner.

Sec. 2.

Minnesota Statutes 2008, section 260C.163, subdivision 2, is amended to read:

Subd. 2.

Right to participate in proceedings.

A child who is the subject of
a petition, and the parents, guardian, or legal custodian of the child have the right to
participate in all proceedings on a petition new text begin , including the opportunity to personally attend
all hearings new text end . Official tribal representatives have the right to participate in any proceeding
that is subject to the Indian Child Welfare Act of 1978, United States Code, title 25,
sections 1901 to 1963.

Any grandparent of the child has a right to participate in the proceedings to the
same extent as a parent, if the child has lived with the grandparent within the two years
preceding the filing of the petition. At the first hearing following the filing of a petition,
the court shall ask whether the child has lived with a grandparent within the last two years,
except that the court need not make this inquiry if the petition states that the child did not
live with a grandparent during this time period. Failure to notify a grandparent of the
proceedings is not a jurisdictional defect.

If, in a proceeding involving a child in need of protection or services, the responsible
social services agency recommends transfer of permanent legal and physical custody to
a relative, the relative has a right to participate as a party, and thereafter shall receive
notice of any hearing in the proceedings.

Sec. 3.

Minnesota Statutes 2009 Supplement, section 260C.201, subdivision 11,
is amended to read:

Subd. 11.

Review of court-ordered placements; permanent placement
determination.

(a) This subdivision and subdivision 11a do not apply to cases where the
child is in foster care for treatment of the child's developmental disability or emotional
disturbance under chapter 260D. Foster care placements of children for treatment are
governed by chapter 260D. In all other cases where the child is in foster care or in the
care of a noncustodial parent under subdivision 1, the court shall commence proceedings
to determine the permanent status of a child not later than 12 months after the child is
placed in foster care or in the care of a noncustodial parent. At the admit-deny hearing
commencing such proceedings, the court shall determine whether there is a prima facie
basis for finding that the agency made reasonable efforts, or in the case of an Indian
child active efforts, required under section 260.012 and proceed according to the rules of
juvenile court.

For purposes of this subdivision, the date of the child's placement in foster care is
the earlier of the first court-ordered placement or 60 days after the date on which the
child has been voluntarily placed in foster care by the child's parent or guardian. For
purposes of this subdivision, time spent by a child under the protective supervision of the
responsible social services agency in the home of a noncustodial parent pursuant to an
order under subdivision 1 counts towards the requirement of a permanency hearing under
this subdivision or subdivision 11a. Time spent on a trial home visit counts towards the
requirement of a permanency hearing under this subdivision and a permanency review
for a child under eight years of age under subdivision 11a.

For purposes of this subdivision, 12 months is calculated as follows:

(1) during the pendency of a petition alleging that a child is in need of protection
or services, all time periods when a child is placed in foster care or in the home of a
noncustodial parent are cumulated;

(2) if a child has been placed in foster care within the previous five years under one
or more previous petitions, the lengths of all prior time periods when the child was placed
in foster care within the previous five years are cumulated. If a child under this clause
has been in foster care for 12 months or more, the court, if it is in the best interests of the
child and for compelling reasons, may extend the total time the child may continue out
of the home under the current petition up to an additional six months before making a
permanency determination.

(b) Unless the responsible social services agency recommends return of the child
to the custodial parent or parents, not later than 30 days prior to the admit-deny hearing
required under paragraph (a) and the rules of juvenile court, the responsible social services
agency shall file pleadings in juvenile court to establish the basis for the juvenile court to
order permanent placement of the child, including a termination of parental rights petition,
according to paragraph (d). Notice of the hearing and copies of the pleadings must be
provided pursuant to section 260C.152.

(c) The permanency proceedings shall be conducted in a timely fashion including
that any trial required under section 260C.163 shall be commenced within 60 days of the
admit-deny hearing required under paragraph (a). At the conclusion of the permanency
proceedings, the court shall:

(1) order the child returned to the care of the parent or guardian from whom the
child was removed; or

(2) order a permanent placement or termination of parental rights if permanent
placement or termination of parental rights is in the child's best interests. The "best
interests of the child" means all relevant factors to be considered and evaluated. Transfer
of permanent legal and physical custody, termination of parental rights, or guardianship
and legal custody to the commissioner through a consent to adopt are preferred
permanency options for a child who cannot return home.

(d) If the child is not returned to the home, the court must order one of the following
dispositions:

(1) permanent legal and physical custody to a relative in the best interests of the
child according to the following conditions:

(i) an order for transfer of permanent legal and physical custody to a relative shall
only be made after the court has reviewed the suitability of the prospective legal and
physical custodian;

(ii) in transferring permanent legal and physical custody to a relative, the juvenile
court shall follow the standards applicable under this chapter and chapter 260, and the
procedures set out in the juvenile court rules;

(iii) an order establishing permanent legal and physical custody under this
subdivision must be filed with the family court;

(iv) a transfer of legal and physical custody includes responsibility for the protection,
education, care, and control of the child and decision making on behalf of the child;

(v) the social services agency may bring a petition or motion naming a fit and
willing relative as a proposed permanent legal and physical custodian. The commissioner
of human services shall annually prepare for counties information that must be given to
proposed custodians about their legal rights and obligations as custodians together with
information on financial and medical benefits for which the child is eligible; and

(vi) the juvenile court may maintain jurisdiction over the responsible social services
agency, the parents or guardian of the child, the child, and the permanent legal and
physical custodian for purposes of ensuring appropriate services are delivered to the child
and permanent legal custodian or for the purpose of ensuring conditions ordered by the
court related to the care and custody of the child are met;

(2) termination of parental rights when the requirements of sections 260C.301 to
260C.328 are met or according to the following conditions:

(i) order the social services agency to file a petition for termination of parental
rights in which case all the requirements of sections 260C.301 to 260C.328 remain
applicable; and

(ii) an adoption completed subsequent to a determination under this subdivision may
include an agreement for communication or contact under section 259.58;

(3) long-term foster care according to the following conditions:

(i) the court may order a child into long-term foster care only if it approves the
responsible social service agency's compelling reasons that neither an award of permanent
legal and physical custody to a relative, nor termination of parental rights is in the child's
best interests;

(ii) further, the court may only order long-term foster care for the child under this
section if it finds the following:

(A) the child has reached age 12 and the responsible social services agency has made
reasonable efforts to locate and place the child with an adoptive family or with a fit and
willing relative who will agree to a transfer of permanent legal and physical custody of
the child, but such efforts have not proven successful; or

(B) the child is a sibling of a child described in subitem (A) and the siblings have
a significant positive relationship and are ordered into the same long-term foster care
home; and

(iii) at least annually, the responsible social services agency reconsiders its provision
of services to the child and the child's placement in long-term foster care to ensure that:

(A) long-term foster care continues to be the most appropriate legal arrangement
for meeting the child's need for permanency and stability, including whether there is
another permanent placement option under this chapter that would better serve the child's
needs and best interests;

(B) whenever possible, there is an identified long-term foster care family that is
committed to being the foster family for the child as long as the child is a minor or under
the jurisdiction of the court;

(C) the child is receiving appropriate services or assistance to maintain or build
connections with the child's family and community;

(D) the child's physical and mental health needs are being appropriately provided
for; and

(E) the child's educational needs are being met;

(4) foster care for a specified period of time according to the following conditions:

(i) foster care for a specified period of time may be ordered only if:

(A) the sole basis for an adjudication that the child is in need of protection or
services is the child's behavior;

(B) the court finds that foster care for a specified period of time is in the best
interests of the child; and

(C) the court approves the responsible social services agency's compelling reasons
that neither an award of permanent legal and physical custody to a relative, nor termination
of parental rights is in the child's best interests;

(ii) the order does not specify that the child continue in foster care for any period
exceeding one year; or

(5) guardianship and legal custody to the commissioner of human services under
the following procedures and conditions:

(i) there is an identified prospective adoptive home agreed to by the responsible
social services agency having legal custody of the child pursuant to court order under this
section that has agreed to adopt the child and the court accepts the parent's voluntary
consent to adopt under section 259.24, except that such consent executed by a parent under
this item, following proper notice that consent given under this provision is irrevocable
upon acceptance by the court, shall be irrevocable unless fraud is established and an order
issues permitting revocation as stated in item (vii);

(ii) if the court accepts a consent to adopt in lieu of ordering one of the other
enumerated permanency dispositions, the court must review the matter at least every 90
days. The review will address the reasonable efforts of the agency to achieve a finalized
adoption;

(iii) a consent to adopt under this clause vests all legal authority regarding the child,
including guardianship and legal custody of the child, with the commissioner of human
services as if the child were a state ward after termination of parental rights;

(iv) the court must forward a copy of the consent to adopt, together with a certified
copy of the order transferring guardianship and legal custody to the commissioner, to
the commissioner;

(v) if an adoption is not finalized by the identified prospective adoptive parent within
12 months of the execution of the consent to adopt under this clause, the commissioner of
human services or the commissioner's delegate shall pursue adoptive placement in another
home unless the commissioner certifies that the failure to finalize is not due to either an
action or a failure to act by the prospective adoptive parent;

(vi) notwithstanding item (v), the commissioner of human services or the
commissioner's designee must pursue adoptive placement in another home as soon as the
commissioner or commissioner's designee determines that finalization of the adoption with
the identified prospective adoptive parent is not possible, that the identified prospective
adoptive parent is not willing to adopt the child, that the identified prospective adoptive
parent is not cooperative in completing the steps necessary to finalize the adoption, or
upon the commissioner's determination to withhold consent to the adoption.

(vii) unless otherwise required by the Indian Child Welfare Act, United States Code,
title 25, section 1913, a consent to adopt executed under this section, following proper
notice that consent given under this provision is irrevocable upon acceptance by the court,
shall be irrevocable upon acceptance by the court except upon order permitting revocation
issued by the same court after written findings that consent was obtained by fraud.

(e) In ordering a permanent placement of a child, the court must be governed by the
best interests of the child, including a review of the relationship between the child and
relatives and the child and other important persons with whom the child has resided or
had significant contact. When the court has determined that permanent placement of the
child away from the parent is necessary, the court shall consider permanent alternative
homes that are available both inside and outside the state.

(f) Once a permanent placement determination has been made and permanent
placement has been established, further court reviews are necessary if:

(1) the placement is long-term foster care or foster care for a specified period of time;

(2) the court orders further hearings because it has retained jurisdiction of a transfer
of permanent legal and physical custody matter;

(3) an adoption has not yet been finalized; or

(4) there is a disruption of the permanent or long-term placement.

(g) Court reviews of an order for long-term foster care, whether under this section
or section 260C.317, subdivision 3, paragraph (d), must be conducted at least yearly new text begin
at an in-court appearance hearing new text end and must review the child's out-of-home placement
plan and the reasonable efforts of the agency to finalize the permanent plan for the child
including the agency's efforts to:

(1) ensure that long-term foster care continues to be the most appropriate legal
arrangement for meeting the child's need for permanency and stability or, if not, to identify
and attempt to finalize another permanent placement option under this chapter that would
better serve the child's needs and best interests;

(2) identify a specific long-term foster home for the child, if one has not already
been identified;

(3) support continued placement of the child in the identified home, if one has been
identified;

(4) ensure appropriate services are provided to address the physical health, mental
health, and educational needs of the child during the period of long-term foster care and
also ensure appropriate services or assistance to maintain relationships with appropriate
family members and the child's community; and

(5) plan for the child's independence upon the child's leaving long-term foster care
living as required under section 260C.212, subdivision 1.

(h) In the event it is necessary for a child that has been ordered into foster care for a
specified period of time to be in foster care longer than one year after the permanency
hearing held under this section, not later than 12 months after the time the child was
ordered into foster care for a specified period of time, the matter must be returned to
court for a review of the appropriateness of continuing the child in foster care and of the
responsible social services agency's reasonable efforts to finalize a permanent plan for
the child; if it is in the child's best interests to continue the order for foster care for a
specified period of time past a total of 12 months, the court shall set objectives for the
child's continuation in foster care, specify any further amount of time the child may be in
foster care, and review the plan for the safe return of the child to the parent.

(i) An order permanently placing a child out of the home of the parent or guardian
must include the following detailed findings:

(1) how the child's best interests are served by the order;

(2) the nature and extent of the responsible social service agency's reasonable efforts,
or, in the case of an Indian child, active efforts to reunify the child with the parent or
guardian where reasonable efforts are required;

(3) the parent's or parents' efforts and ability to use services to correct the conditions
which led to the out-of-home placement; and

(4) that the conditions which led to the out-of-home placement have not been
corrected so that the child can safely return home.

(j) An order for permanent legal and physical custody of a child may be modified
under sections 518.18 and 518.185. The social services agency is a party to the proceeding
and must receive notice. A parent may only seek modification of an order for long-term
foster care upon motion and a showing by the parent of a substantial change in the parent's
circumstances such that the parent could provide appropriate care for the child and that
removal of the child from the child's permanent placement and the return to the parent's
care would be in the best interest of the child. The responsible social services agency may
ask the court to vacate an order for long-term foster care upon a prima facie showing
that there is a factual basis for the court to order another permanency option under this
chapter and that such an option is in the child's best interests. Upon a hearing where
the court determines that there is a factual basis for vacating the order for long-term
foster care and that another permanent order regarding the placement of the child is in
the child's best interests, the court may vacate the order for long-term foster care and
enter a different order for permanent placement that is in the child's best interests. The
court shall not require further reasonable efforts to reunify the child with the parent or
guardian as a basis for vacating the order for long-term foster care and ordering a different
permanent placement in the child's best interests. The county attorney must file pleadings
and give notice as required under the rules of juvenile court in order to modify an order for
long-term foster care under this paragraph.

(k) The court shall issue an order required under this section within 15 days of the
close of the proceedings. The court may extend issuing the order an additional 15 days
when necessary in the interests of justice and the best interests of the child.

(l) This paragraph applies to proceedings required under this subdivision when
the child is on a trial home visit:

(1) if the child is on a trial home visit 12 months after the child was placed in
foster care or in the care of a noncustodial parent as calculated in this subdivision, the
responsible social services agency may file a report with the court regarding the child's and
parent's progress on the trial home visit and its reasonable efforts to finalize the child's safe
and permanent return to the care of the parent in lieu of filing the pleadings required under
paragraph (b). The court shall make findings regarding reasonableness of the responsible
social services efforts to finalize the child's return home as the permanent order in the best
interests of the child. The court may continue the trial home visit to a total time not to
exceed six months as provided in subdivision 1. If the court finds the responsible social
services agency has not made reasonable efforts to finalize the child's return home as the
permanent order in the best interests of the child, the court may order other or additional
efforts to support the child remaining in the care of the parent; and

(2) if a trial home visit ordered or continued at proceedings under this subdivision
terminates, the court shall recommence proceedings under this subdivision to determine
the permanent status of the child not later than 30 days after the child is returned to foster
care.

Sec. 4.

Minnesota Statutes 2009 Supplement, 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 foster
care no later than 180 days after the initial placement of the child in foster care 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. 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.

(b) As an alternative to the administrative review required in paragraph (a), the court
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.
A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11;
260C.141, subdivision 2 or 2a, clause (2); or 260C.317 shall satisfy the requirement for
the review so long as the other requirements of this section are met.

(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:

(1) the safety, permanency needs, and well-being 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) the extent of progress which has been made toward alleviating or mitigating the
causes necessitating placement in foster care;

(5) 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.

(d) When a child is age 16 or older, in addition to any administrative review
conducted by the agency, at the new text begin in-court new text end review required under section 260C.201,
subdivision 11, deleted text begin paragraph (d), clause (3), item (iii); deleted text end or 260C.317, subdivision 3, clause (3),
the court shall review the independent living plan required under subdivision 1, paragraph
(c), clause (11), 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.

(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 256.045. 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.

(2) The court shall make findings regarding progress toward or accomplishment of
the following goals:

(i) the child has obtained a high school diploma or its equivalent;

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

(iii) the child is employed or enrolled in postsecondary education;

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

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

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

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

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

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

(x) the child, if male, has registered for the Selective Service; and

(xi) the child has a permanent connection to a caring adult.

(3) The court shall ensure that the responsible agency in conjunction with the
placement provider 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.

(e) When a child is age 17 or older, during the 90-day period immediately prior to
the date the child is expected to be discharged from foster care, the responsible social
services agency is required to provide the child with assistance and support in developing
a transition plan that is personalized at the direction of the child. The transition plan
must be as detailed as the child may elect and include specific options on housing, health
insurance, education, local opportunities for mentors and continuing support services,
and work force supports and employment services. The county shall also provide the
individual with appropriate contact information if the individual needs more information
or needs help dealing with a crisis situation through age 21.

Sec. 5.

Minnesota Statutes 2008, section 260C.317, subdivision 3, is amended to read:

Subd. 3.

Order; retention of jurisdiction.

(a) A certified copy of the findings and
the order terminating parental rights, and a summary of the court's information concerning
the child shall be furnished by the court to the commissioner or the agency to which
guardianship is transferred. The orders shall be on a document separate from the findings.
The court shall furnish the individual to whom guardianship is transferred a copy of the
order terminating parental rights.

(b) The court shall retain jurisdiction in a case where adoption is the intended
permanent placement disposition until the child's adoption is finalized, the child is 18
years of age, or the child is otherwise ordered discharged from the jurisdiction of the
court. The guardian ad litem and counsel for the child shall continue on the case until an
adoption decree is entered. deleted text begin A deleted text end new text begin An in-court appearance new text end hearing must be held every 90
days following termination of parental rights for the court to review progress toward an
adoptive placement and the specific recruitment efforts the agency has taken to find an
adoptive family or other placement living arrangement for the child and to finalize the
adoption or other permanency plan.

(c) The responsible social services agency may make a determination of compelling
reasons for a child to be in long-term foster care when the agency has made exhaustive
efforts to recruit, identify, and place the child in an adoptive home, and the child continues
in foster care for at least 24 months after the court has issued the order terminating
parental rights. A child of any age who is under the guardianship of the commissioner of
the Department of Human Services and is legally available for adoption may not refuse
or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the
child in an adoptive home required under paragraph (b) or sign a document relieving
county social services agencies of all recruitment efforts on the child's behalf. Upon
approving the agency's determination of compelling reasons, the court may order the child
placed in long-term foster care. At least every 12 months thereafter as long as the child
continues in out-of-home placement, the court shall conduct deleted text begin a deleted text end new text begin an in-court new text end permanency
review hearing to determine the future status of the child using the review requirements of
section 260C.201, subdivision 11, paragraph (g).

(d) The court shall retain jurisdiction through the child's minority in a case where
long-term foster care is the permanent disposition whether under paragraph (c) or section
260C.201, subdivision 11.

ARTICLE 4

FATHERS; NONCUSTODIAL PARENTS

Section 1.

Minnesota Statutes 2009 Supplement, section 260C.007, subdivision 25,
is amended to read:

Subd. 25.

Parent.

new text begin (a) new text end "Parent" means a person who has a legal parent and child
relationship with a child deleted text begin under section 257.52 deleted text end which confers or imposes on the person
legal rights, privileges, duties, and obligations new text begin consistent with sections 257.51 to 257.74 or
257.75 new text end . It includes the mother and child relationship and the father and child relationship.
For matters governed by the Indian Child Welfare Act, parent includes any Indian
person who has adopted a child by tribal law or custom, as provided in section 260.755,
subdivision 14 deleted text begin . For matters governed by the Indian Child Welfare Act, parent deleted text end new text begin , and new text end does
not include the unwed father where paternity has not been acknowledged or established.
deleted text begin Parent does not mean a putative father of a child unless the putative father also meets the
requirements of section 257.55 or unless the putative father is entitled to notice under
section 259.49, subdivision 1.
deleted text end

new text begin (b) A legally recognized parent and child relationship is established for purposes
of this chapter between:
new text end

new text begin (1) a child and a biological mother, by proof of her having given birth to the child, or
under sections 257.51 to 257.74 or 257.75;
new text end

new text begin (2) a child and father when:
new text end

new text begin (i) there is a presumption of paternity under section 257.55, subdivision 1,
paragraphs (a), (b), or (c), and no action has been taken to declare the nonexistence of
the father and child relationship;
new text end

new text begin (ii) there is a presumption of paternity under section 257.55, subdivision 1,
paragraph (d), and there is an adjudication of paternity under sections 257.51 to 257.74,
or the father and mother have signed a recognition of parentage having the effect of an
adjudication under section 257.75;
new text end

new text begin (iii) there is a presumption of paternity under section 257.55, subdivision 1,
paragraphs (e), (f), (g), or (h), and there is an adjudication of paternity under sections
257.51 to 257.74;
new text end

new text begin (iv) there is no presumption of paternity under section 257.55, but the father has
been adjudicated by court order under sections 257.51 to 257.74;
new text end

new text begin (v) there is no presumption of paternity under section 257.55, but the father and
mother have signed a Recognition of Parentage having the effect of adjudication under
section 257.75;
new text end

new text begin (vi) there is a positive test result under section 257.62, subdivision 5, and the
father is adjudicated as the father of the child either by court order under sections 257.51
to 257.74, or because the father and the child's mother have signed a Recognition of
Parentage having the effect of adjudication under section 257.75; or
new text end

new text begin (vii) the parent and child relationship is established under section 260.755,
subdivision 14; or
new text end

new text begin (3) between a child and an adoptive parent by proof of adoption.
new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 260C.150, subdivision 3, is
amended to read:

Subd. 3.

Identifying parents of child; diligent efforts; data.

(a) The responsible
social services agency shall make diligent efforts to identify and locate both parents of any
child who is the subject of proceedings under this chapter. Diligent efforts include:

(1) asking the custodial or known parent to identify any nonresident parent of the
child and provide information that can be used to verify the nonresident parent's identity
including the dates and locations of marriages and divorces; dates and locations of any
legal proceedings regarding paternity; date and place of the child's birth; nonresident
parent's full legal name; nonresident parent's date of birth, or if the nonresident parent's
date of birth is unknown, an approximate age; the nonresident parent's Social Security
number; the nonresident parent's whereabouts including last known whereabouts; and the
whereabouts of relatives of the nonresident parent. For purposes of this subdivision,
"nonresident parent" means a parent who does not reside in the same household as the
child or did not reside in the same household as the child at the time the child was removed
when the child is in foster care;

(2) obtaining information that will identify and locate the nonresident parent from
the county and state of Minnesota child support enforcement information system;

(3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after
the child's birth; and

(4) using any other reasonable means to identify and locate the nonresident parent.

(b) The agency may disclose data which is otherwise private under section 13.46 or
626.556 in order to carry out its duties under this subdivision.

new text begin (c) Upon the filing of a petition alleging the child to be in need of protection or
services, the responsible social services agency may contact a putative father who
registered with the Minnesota Fathers' Adoption Registry more than 30 days after the
child's birth. The social service agency may consider a putative father for the day-to-day
care of the child under section 260C.212, subdivision 4, if the putative father cooperates
with genetic testing and there is a positive test result under section 257.62, subdivision 5.
Nothing in this paragraph:
new text end

new text begin (1) relieves a putative father who registered with the Minnesota Fathers' Adoption
Registry more than 30 days after the child's birth of the duty to cooperate with paternity
establishment proceedings under section 260C.212, subdivision 4;
new text end

new text begin (2) gives a putative father who registered with the Minnesota Fathers' Adoption
Registry more than 30 days after the child's birth the right to notice under section
260C.151 unless the putative father is entitled to notice under sections 259.24 and 259.49,
subdivision 1, paragraph (a) or (b), clauses (1) to (7); or
new text end

new text begin (3) establishes a right to assert an interest in the child in a termination of parental
rights proceeding contrary to section 259.52, subdivision 6, unless the putative father is
entitled to notice under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b),
clauses (1) to (7).
new text end

Sec. 3.

Minnesota Statutes 2008, section 260C.163, subdivision 2, is amended to read:

Subd. 2.

Right to participate in proceedings.

A child who is the subject of
a petition, and the parents, guardian, or legal custodian of the child have the right to
participate in all proceedings on a petition. Official tribal representatives have the right
to participate in any proceeding that is subject to the Indian Child Welfare Act of 1978,
United States Code, title 25, sections 1901 to 1963.

new text begin A parent with a legally recognized parent and child relationship must be provided the
right to be heard in any review or hearing to be held with respect to the child, which shall
include the right to be heard on the disposition order under section 260C.201, subdivision
1, parental visitation under section 260C.178, and the out-of-home placement plan under
section 260C.212, subdivision 1. The right to be heard does not automatically confer party
status. Party status is governed by the Minnesota Rules of Juvenile Protection Procedure.
new text end

Any grandparent of the child has a right to participate in the proceedings to the
same extent as a parent, if the child has lived with the grandparent within the two years
preceding the filing of the petition. At the first hearing following the filing of a petition,
the court shall ask whether the child has lived with a grandparent within the last two years,
except that the court need not make this inquiry if the petition states that the child did not
live with a grandparent during this time period. Failure to notify a grandparent of the
proceedings is not a jurisdictional defect.

If, in a proceeding involving a child in need of protection or services, the responsible
social services agency recommends transfer of permanent legal and physical custody to
a relative, the relative has a right to participate as a party, and thereafter shall receive
notice of any hearing in the proceedings.

Sec. 4.

Minnesota Statutes 2009 Supplement, section 260C.178, subdivision 3, is
amended to read:

Subd. 3.

Parental visitation.

(a) If a child has been taken into custody under
section 260C.151, subdivision 5, or 260C.175, subdivision 1, clause (2), item (ii), and
the court determines that the child should continue in foster care, the court shall include
in its order notice that the responsible social services agency has a duty to develop and
implement a plan for parental visitation of and contact with the child that promotes the
parent and child relationship unless the court finds that visitation would endanger the
child's physical or emotional well-being.

(b) Unless the court finds that visitation would endanger the child's physical or
emotional well-being or unless paragraph (c) or (d) apply, the plan for parental visitation
required under section 260C.212, subdivision 1, paragraph (c), clause (5), must be
developed and implemented by the agency and the child's parents as soon as possible
after the court's order for the child to continue in foster care. new text begin If either parent of the child
disagrees with the visitation plan, including a requirement for supervised visits, upon
request the parent shall be entitled to a hearing on the plan. This hearing may occur at
a regularly scheduled hearing. The court may modify the plan if the court determines
that it is in the best interest of the child.
new text end

(c) When a parent has had no or only limited visitation or contact with the child prior
to the court order for the child to continue in foster care, the court deleted text begin shall not deleted text end new text begin may new text end order a
visitation plan developed and implemented deleted text begin until deleted text end new text begin while new text end the agency deleted text begin has conducted deleted text end new text begin conducts new text end
the assessment of the parent's ability to provide day-to-day care for the child required
under section 260C.212, subdivision 4.

(d) When it is in the best interests of the child, the agency may ask the court to
defer its duty to develop a visitation plan between a putative father and the child until the
paternity status of the child's father is adjudicated or until there is a positive test result
under section 257.62, subdivision 5.

(e) The visitation plan developed under this subdivision is the same visitation plan
required under section 260C.212, subdivision 1, paragraph (c), clause (5).