HF 3812

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/05/2020 07:27pm

A bill for an act
relating to human services; modifying child welfare provisions; amending
Minnesota Statutes 2018, sections 245.4871, by adding a subdivision; 245.4885,
subdivision 1; 245C.02, subdivision 5, by adding subdivisions; 245C.04,
subdivision 1, by adding a subdivision; 245C.14, by adding a subdivision; 245C.16,
subdivisions 1, 2; 245C.17, subdivision 1, by adding a subdivision; 245C.18;
256.0112, subdivision 10; 256.82, subdivision 2; 256N.02, subdivision 14a;
256N.21, subdivisions 2, 5; 256N.24, subdivision 4; 260C.007, by adding
subdivisions; 260C.157, subdivision 3; 260C.202; 260C.204; 260C.212,
subdivisions 1, 4a, by adding a subdivision; 260C.227; 260C.4412; 260C.503, by
adding a subdivision; Minnesota Statutes 2019 Supplement, sections 245C.03,
subdivision 1; 245C.08, subdivision 1; 245C.13, subdivision 2; 260C.212,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapters 256K;
260; 260C.

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

Section 1.

Minnesota Statutes 2018, section 245.4871, is amended by adding a subdivision
to read:

new text begin Subd. 32a. new text end

new text begin Responsible social services agency. new text end

new text begin "Responsible social services agency"
is defined in section 260C.007, subdivision 27a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 2.

Minnesota Statutes 2018, section 245.4885, subdivision 1, is amended to read:

Subdivision 1.

Admission criteria.

(a) Prior to admission new text begin or placement new text end , except in the
case of new text begin an new text end emergency deleted text begin admission deleted text end , all children referred for treatment of severe emotional
disturbance in a treatment foster care setting, residential treatment facility, or informally
admitted to a regional treatment center shall undergo an assessment to determine the
appropriate level of care if public funds are used to pay for the services.

(b) The deleted text begin county board deleted text end new text begin responsible social services agency new text end shall determine the appropriate
level of care new text begin for a child new text end when county-controlled funds are used to pay for the new text begin child's new text end services new text begin
or placement in a qualified residential treatment facility under chapter 260C and licensed
by the commissioner under chapter 245A. In accordance with section 260C.157, a juvenile
treatment screening team shall conduct a screening before the team may recommend whether
to place a child in a qualified residential treatment program as defined in section 260C.007,
subdivision 26d new text end . When new text begin a social services agency does not have responsibility for a child's
placement and new text end the child is enrolled in a prepaid health program under section 256B.69, the
enrolled child's contracted health plan must determine the appropriate level of care. When
Indian Health Services funds or funds of a tribally owned facility funded under the Indian
Self-Determination and Education Assistance Act, Public Law 93-638, are to be used, the
Indian Health Services or 638 tribal health facility must determine the appropriate level of
care. When more than one entity bears responsibility for coverage, the entities shall
coordinate level of care determination activities to the extent possible.

(c) The new text begin responsible social services agency must make the new text end level of care determination
deleted text begin shall deleted text end new text begin available to the juvenile treatment screening team, as permitted under chapter 13. The
level of care determination shall inform the juvenile treatment screening team process and
the assessment in section 260C.704 when considering whether to place the child in a qualified
residential treatment program. When the responsible social services agency is not involved
in determining a child's placement, the child's level of care determination shall new text end determine
whether the proposed treatment:

(1) is necessary;

(2) is appropriate to the child's individual treatment needs;

(3) cannot be effectively provided in the child's home; and

(4) provides a length of stay as short as possible consistent with the individual child's
need.

(d) When a level of care determination is conducted, the responsible new text begin social services
agency or other new text end entity may not determine that new text begin a screening under section 260C.157 or new text end referral
or admission to a treatment foster care setting or residential treatment facility is not
appropriate solely because services were not first provided to the child in a less restrictive
setting and the child failed to make progress toward or meet treatment goals in the less
restrictive setting. The level of care determination must be based on a diagnostic assessment
that includes a functional assessment which evaluates family, school, and community living
situations; and an assessment of the child's need for care out of the home using a validated
tool which assesses a child's functional status and assigns an appropriate level of care. The
validated tool must be approved by the commissioner of human services. If a diagnostic
assessment including a functional assessment has been completed by a mental health
professional within the past 180 days, a new diagnostic assessment need not be completed
unless in the opinion of the current treating mental health professional the child's mental
health status has changed markedly since the assessment was completed. The child's parent
shall be notified if an assessment will not be completed and of the reasons. A copy of the
notice shall be placed in the child's file. Recommendations developed as part of the level
of care determination process shall include specific community services needed by the child
and, if appropriate, the child's family, and shall indicate whether or not these services are
available and accessible to the child and family.

(e) During the level of care determination process, the child, child's family, or child's
legal representative, as appropriate, must be informed of the child's eligibility for case
management services and family community support services and that an individual family
community support plan is being developed by the case manager, if assigned.

(f) deleted text begin The level of care determination shall comply with section 260C.212. The parent shall
be consulted in the process, unless clinically detrimental to the child. deleted text end new text begin When the responsible
social services agency has authority, the agency must engage the child's parents in case
planning under sections 260C.212 and 260C.708 unless a court terminates the parent's rights
or court orders restrict the parent from participating in case planning, visitation, or parental
responsibilities.
new text end

(g) The level of care determination, and placement decision, and recommendations for
mental health services must be documented in the child's record new text begin , as required in chapters
260C new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 3.

Minnesota Statutes 2018, section 245C.02, subdivision 5, is amended to read:

Subd. 5.

Background study.

"Background study" means the review of records conducted
by the commissioner to determine whether a subject is disqualified from direct contact with
persons served by a program and, where specifically provided in statutes, whether a subject
is disqualified from having access to persons served by a program new text begin and from working in a
children's residential facility or foster residence setting new text end .

Sec. 4.

Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision to
read:

new text begin Subd. 11a. new text end

new text begin Foster family setting. new text end

new text begin "Foster family setting" has the meaning given in
Minnesota Rules, chapter 2960.3010, subpart 23.
new text end

Sec. 5.

Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision to
read:

new text begin Subd. 11b. new text end

new text begin Foster residence setting. new text end

new text begin "Foster residence setting" has the meaning given
in Minnesota Rules, chapter 2960.3010, subpart 26, and includes settings licensed by the
commissioner of corrections or the commissioner of human services.
new text end

Sec. 6.

Minnesota Statutes 2018, section 245C.02, is amended by adding a subdivision to
read:

new text begin Subd. 21. new text end

new text begin Title IV-E eligible. new text end

new text begin "Title IV-E eligible" means a children's residential facility
or foster residence setting that is designated by the commissioner as eligible to receive Title
IV-E payments for a child placed at the children's residential facility or foster residence
setting.
new text end

Sec. 7.

Minnesota Statutes 2019 Supplement, section 245C.03, subdivision 1, is amended
to read:

Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a background
study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household where the licensed program
will be provided who is not receiving licensed services from the program;

(3) current or prospective employees or contractors of the applicant who will have direct
contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who will have direct contact with persons served
by the program to provide program services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household where the licensed services will
be provided when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;

(6) an individual who, without providing direct contact services at a licensed program,
may have unsupervised access to children or vulnerable adults receiving services from a
program, when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;

(7) all controlling individuals as defined in section 245A.02, subdivision 5a;

(8) notwithstanding the other requirements in this subdivision, child care background
study subjects as defined in section 245C.02, subdivision 6a; and

(9) notwithstanding clause (3), for children's residential facilities new text begin and foster residence
settings new text end , any adult working in the facility, whether or not the individual will have direct
contact with persons served by the facility.

(b) For child foster care when the license holder resides in the home where foster care
services are provided, a short-term substitute caregiver providing direct contact services for
a child for less than 72 hours of continuous care is not required to receive a background
study under this chapter.

Sec. 8.

Minnesota Statutes 2018, section 245C.04, subdivision 1, is amended to read:

Subdivision 1.

Licensed programs; other child care programs.

(a) The commissioner
shall conduct a background study of an individual required to be studied under section
245C.03, subdivision 1, at least upon application for initial license for all license types.

(b) The commissioner shall conduct a background study of an individual required to be
studied under section 245C.03, subdivision 1, including a child care background study
subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed
child care center, certified license-exempt child care center, or legal nonlicensed child care
provider, on a schedule determined by the commissioner. Except as provided in section
245C.05, subdivision 5a, a child care background study must include submission of
fingerprints for a national criminal history record check and a review of the information
under section 245C.08. A background study for a child care program must be repeated
within five years from the most recent study conducted under this paragraph.

(c) At reapplication for a family child care license:

(1) for a background study affiliated with a licensed family child care center or legal
nonlicensed child care provider, the individual shall provide information required under
section 245C.05, subdivision 1, paragraphs (a), (b), and (d), to the county agency, and be
fingerprinted and photographed under section 245C.05, subdivision 5;

(2) the county agency shall verify the information received under clause (1) and forward
the information to the commissioner to complete the background study; and

(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08.

(d) The commissioner is not required to conduct a study of an individual at the time of
reapplication for a license if the individual's background study was completed by the
commissioner of human services and the following conditions are met:

(1) a study of the individual was conducted either at the time of initial licensure or when
the individual became affiliated with the license holder;

(2) the individual has been continuously affiliated with the license holder since the last
study was conducted; and

(3) the last study of the individual was conducted on or after October 1, 1995.

(e) The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6),
who is newly affiliated with a child foster deleted text begin care deleted text end new text begin family setting new text end license holder:

(1) the county or private agency shall collect and forward to the commissioner the
information required under section 245C.05, subdivisions 1 and 5, when the child foster
deleted text begin care deleted text end new text begin family setting new text end applicant or license holder resides in the home where child foster care
services are provided; new text begin and
new text end

deleted text begin (2) the child foster care license holder or applicant shall collect and forward to the
commissioner the information required under section 245C.05, subdivisions 1 and 5, when
the applicant or license holder does not reside in the home where child foster care services
are provided; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the background study conducted by the commissioner of human services under
this paragraph must include a review of the information required under section 245C.08,
subdivisions 1, 3, and 4.

(f) The commissioner shall conduct a background study of an individual specified under
section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated
with an adult foster care or family adult day services and with a family child care license
holder or a legal nonlicensed child care provider authorized under chapter 119B and:

(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and
forward to the commissioner the information required under section 245C.05, subdivision
1, paragraphs (a) and (b), and subdivision 5, paragraphs (a), (b), and (d), for background
studies conducted by the commissioner for all family adult day services, for adult foster
care when the adult foster care license holder resides in the adult foster care residence, and
for family child care and legal nonlicensed child care authorized under chapter 119B;

(2) the license holder shall collect and forward to the commissioner the information
required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs
(a) and (b), for background studies conducted by the commissioner for adult foster care
when the license holder does not reside in the adult foster care residence; and

(3) the background study conducted by the commissioner under this paragraph must
include a review of the information required under section 245C.08, subdivision 1, paragraph
(a), and subdivisions 3 and 4.

(g) Applicants for licensure, license holders, and other entities as provided in this chapter
must submit completed background study requests to the commissioner using the electronic
system known as NETStudy before individuals specified in section 245C.03, subdivision
1, begin positions allowing direct contact in any licensed program.

(h) For an individual who is not on the entity's active roster, the entity must initiate a
new background study through NETStudy when:

(1) an individual returns to a position requiring a background study following an absence
of 120 or more consecutive days; or

(2) a program that discontinued providing licensed direct contact services for 120 or
more consecutive days begins to provide direct contact licensed services again.

The license holder shall maintain a copy of the notification provided to the commissioner
under this paragraph in the program's files. If the individual's disqualification was previously
set aside for the license holder's program and the new background study results in no new
information that indicates the individual may pose a risk of harm to persons receiving
services from the license holder, the previous set-aside shall remain in effect.

(i) For purposes of this section, a physician licensed under chapter 147 is considered to
be continuously affiliated upon the license holder's receipt from the commissioner of health
or human services of the physician's background study results.

(j) For purposes of family child care, a substitute caregiver must receive repeat
background studies at the time of each license renewal.

(k) A repeat background study at the time of license renewal is not required if the family
child care substitute caregiver's background study was completed by the commissioner on
or after October 1, 2017, and the substitute caregiver is on the license holder's active roster
in NETStudy 2.0.

(l) Before and after school programs authorized under chapter 119B, are exempt from
the background study requirements under section 123B.03, for an employee for whom a
background study under this chapter has been completed.

Sec. 9.

Minnesota Statutes 2018, section 245C.04, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Children's residential facilities and foster residence settings. new text end

new text begin Applicants
and license holders for children's residential facilities and foster residence settings must
submit a background study request to the commissioner using the electronic system known
as NETStudy 2.0:
new text end

new text begin (1) before the commissioner issues a license to an applicant;
new text end

new text begin (2) before an individual age 13 or older, who is not currently receiving services from
the licensed facility or setting, may live in the licensed program or setting;
new text end

new text begin (3) before a volunteer has unsupervised direct contact with persons that the program
serves;
new text end

new text begin (4) before an individual becomes a controlling individual as defined in section 245A.02,
subdivision 5a;
new text end

new text begin (5) before an adult, regardless of whether or not the individual will have direct contact
with persons served by the facility, begins working in the facility or setting;
new text end

new text begin (6) when directed to by the commissioner for an individual who resides in the household
as described in section 245C.03, subdivision 1, paragraph (a), clause (5); and
new text end

new text begin (7) when directed to by the commissioner for an individual who may have unsupervised
access to children or vulnerable adults as described in section 245C.03, subdivision 1,
paragraph (a), clause (6).
new text end

Sec. 10.

Minnesota Statutes 2019 Supplement, section 245C.08, subdivision 1, is amended
to read:

Subdivision 1.

Background studies conducted by Department of Human Services.

(a)
For a background study conducted by the Department of Human Services, the commissioner
shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in clause (6), information received as a result of submission of
fingerprints for a national criminal history record check, as defined in section 245C.02,
subdivision 13c, when the commissioner has reasonable cause for a national criminal history
record check as defined under section 245C.02, subdivision 15a, or as required under section
144.057, subdivision 1, clause (2);

(6) for a background study related to a child foster deleted text begin care deleted text end new text begin family setting new text end application for
licensure, new text begin foster residence settings, new text end children's residential facilities, a transfer of permanent
legal and physical custody of a child under sections 260C.503 to 260C.515, or adoptions,
and for a background study required for family child care, certified license-exempt child
care, child care centers, and legal nonlicensed child care authorized under chapter 119B,
the commissioner shall also review:

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

(ii) when the background study subject is 18 years of age or older, or a minor under
section 245C.05, subdivision 5a, paragraph (c), information received following submission
of fingerprints for a national criminal history record check; and

(iii) when the background study subject is 18 years of age or older or a minor under
section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified
license-exempt child care, licensed child care centers, and legal nonlicensed child care
authorized under chapter 119B, information obtained using non-fingerprint-based data
including information from the criminal and sex offender registries for any state in which
the background study subject resided for the past five years and information from the national
crime information database and the national sex offender registry; and

(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, and legal nonlicensed child care authorized under
chapter 119B, the background study shall also include, to the extent practicable, a name
and date-of-birth search of the National Sex Offender Public website.

(b) Notwithstanding expungement by a court, the commissioner may consider information
obtained under paragraph (a), clauses (3) and (4), unless the commissioner received notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner.

(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that relates
to individuals who have already been studied under this chapter and who remain affiliated
with the agency that initiated the background study.

(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.

(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.

Sec. 11.

Minnesota Statutes 2019 Supplement, section 245C.13, subdivision 2, is amended
to read:

Subd. 2.

deleted text begin Direct contact deleted text end new text begin Activities new text end pending completion of background study.

The
subject of a background study may not perform any activity requiring a background study
under paragraph (c) until the commissioner has issued one of the notices under paragraph
(a).

(a) Notices from the commissioner required prior to activity under paragraph deleted text begin (b) deleted text end new text begin (c) new text end
include:

(1) a notice of the study results under section 245C.17 stating that:

(i) the individual is not disqualified; or

(ii) more time is needed to complete the study but the individual is not required to be
removed from direct contact or access to people receiving services prior to completion of
the study as provided under section 245C.17, subdivision 1, paragraph (b) or (c). The notice
that more time is needed to complete the study must also indicate whether the individual is
required to be under continuous direct supervision prior to completion of the background
study new text begin . When more time is necessary to complete a background study of an individual
affiliated with a Title IV-E eligible children's residential facility or foster residence setting,
the individual may not work in the facility or setting regardless of whether or not the
individual is supervised new text end ;

(2) a notice that a disqualification has been set aside under section 245C.23; or

(3) a notice that a variance has been granted related to the individual under section
245C.30.

(b) For a background study affiliated with a licensed child care center or certified
license-exempt child care center, the notice sent under paragraph (a), clause (1), item (ii),
must require the individual to be under continuous direct supervision prior to completion
of the background study except as permitted in subdivision 3.

(c) Activities prohibited prior to receipt of notice under paragraph (a) include:

(1) being issued a license;

(2) living in the household where the licensed program will be provided;

(3) providing direct contact services to persons served by a program unless the subject
is under continuous direct supervision;

(4) having access to persons receiving services if the background study was completed
under section 144.057, subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause (2),
(5), or (6), unless the subject is under continuous direct supervision; deleted text begin or
deleted text end

(5) for licensed child care centers and certified license-exempt child care centers,
providing direct contact services to persons served by the program deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) for children's residential facilities or foster residence settings, working in the facility
or setting.
new text end

Sec. 12.

Minnesota Statutes 2018, section 245C.14, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Disqualification from working in children's residential facilities and foster
residence settings. new text end

new text begin (a) For a background study affiliated with a children's residential facility
or foster residence setting, if an individual is disqualified from direct contact under
subdivision 1, the commissioner must also disqualify the individual from working in the
children's residential facility or foster residence setting and from having access to a person
receiving services from the facility or setting.
new text end

new text begin (b) Notwithstanding any other requirement of this chapter, for a background study
affiliated with a Title IV-E eligible children's residential facility or foster residence setting,
if an individual is disqualified, the individual may not work in the facility or setting until
the commissioner has issued a notice stating that:
new text end

new text begin (1) the individual is not disqualified;
new text end

new text begin (2) a disqualification has been set aside under section 245C.23; or
new text end

new text begin (3) a variance has been granted related to the individual under section 245C.30.
new text end

Sec. 13.

Minnesota Statutes 2018, section 245C.16, subdivision 1, is amended to read:

Subdivision 1.

Determining immediate risk of harm.

(a) If the commissioner determines
that the individual studied has a disqualifying characteristic, the commissioner shall review
the information immediately available and make a determination as to the subject's immediate
risk of harm to persons served by the program where the individual studied will have direct
contact with, or access to, people receiving services.

(b) The commissioner shall consider all relevant information available, including the
following factors in determining the immediate risk of harm:

(1) the recency of the disqualifying characteristic;

(2) the recency of discharge from probation for the crimes;

(3) the number of disqualifying characteristics;

(4) the intrusiveness or violence of the disqualifying characteristic;

(5) the vulnerability of the victim involved in the disqualifying characteristic;

(6) the similarity of the victim to the persons served by the program where the individual
studied will have direct contact;

(7) whether the individual has a disqualification from a previous background study that
has not been set aside; and

(8) if the individual has a disqualification which may not be set aside because it is a
permanent bar under section 245C.24, subdivision 1, or the individual is a child care
background study subject who has a felony-level conviction for a drug-related offense in
the last five years, the commissioner may order the immediate removal of the individual
from any position allowing direct contact with, or access to, persons receiving services from
the program new text begin and from working in a children's residential facility or foster residence setting new text end .

(c) This section does not apply when the subject of a background study is regulated by
a health-related licensing board as defined in chapter 214, and the subject is determined to
be responsible for substantiated maltreatment under section 626.556 or 626.557.

(d) This section does not apply to a background study related to an initial application
for a child foster deleted text begin care deleted text end new text begin family setting new text end license.

(e) Except for paragraph (f), this section does not apply to a background study that is
also subject to the requirements under section 256B.0659, subdivisions 11 and 13, for a
personal care assistant or a qualified professional as defined in section 256B.0659,
subdivision 1.

(f) If the commissioner has reason to believe, based on arrest information or an active
maltreatment investigation, that an individual poses an imminent risk of harm to persons
receiving services, the commissioner may order that the person be continuously supervised
or immediately removed pending the conclusion of the maltreatment investigation or criminal
proceedings.

Sec. 14.

Minnesota Statutes 2018, section 245C.16, subdivision 2, is amended to read:

Subd. 2.

Findings.

(a) After evaluating the information immediately available under
subdivision 1, the commissioner may have reason to believe one of the following:

(1) the individual poses an imminent risk of harm to persons served by the program
where the individual studied will have direct contact new text begin or access to persons served by the
program or where the individual studied will work new text end ;

(2) the individual poses a risk of harm requiring continuous, direct supervision while
providing direct contact services during the period in which the subject may request a
reconsideration; or

(3) the individual does not pose an imminent risk of harm or a risk of harm requiring
continuous, direct supervision while providing direct contact services during the period in
which the subject may request a reconsideration.

(b) After determining an individual's risk of harm under this section, the commissioner
must notify the subject of the background study and the applicant or license holder as
required under section 245C.17.

new text begin (c) For Title IV-E eligible children's residential facilities and foster residence settings,
the commissioner is prohibited from making the findings in paragraph (a), clause (2) or (3).
new text end

Sec. 15.

Minnesota Statutes 2018, section 245C.17, subdivision 1, is amended to read:

Subdivision 1.

Time frame for notice of study results and auditing system access.

(a)
Within three working days after the commissioner's receipt of a request for a background
study submitted through the commissioner's NETStudy or NETStudy 2.0 system, the
commissioner shall notify the background study subject and the license holder or other
entity as provided in this chapter in writing or by electronic transmission of the results of
the study or that more time is needed to complete the study. The notice to the individual
shall include the identity of the entity that initiated the background study.

(b) Before being provided access to NETStudy 2.0, the license holder or other entity
under section 245C.04 shall sign an acknowledgment of responsibilities form developed
by the commissioner that includes identifying the sensitive background study information
person, who must be an employee of the license holder or entity. All queries to NETStudy
2.0 are electronically recorded and subject to audit by the commissioner. The electronic
record shall identify the specific user. A background study subject may request in writing
to the commissioner a report listing the entities that initiated a background study on the
individual.

(c) When the commissioner has completed a prior background study on an individual
that resulted in an order for immediate removal and more time is necessary to complete a
subsequent study, the notice that more time is needed that is issued under paragraph (a)
shall include an order for immediate removal of the individual from any position allowing
direct contact with or access to people receiving services new text begin and from working in a children's
residential facility or foster residence setting new text end pending completion of the background study.

Sec. 16.

Minnesota Statutes 2018, section 245C.17, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Disqualification notice to children's residential facilities and foster residence
settings. new text end

new text begin (a) For children's residential facilities and foster residence settings, all notices
under this section that order the license holder to immediately remove the individual studied
from any position allowing direct contact with, or access to a person served by the program,
must also order the license holder to immediately remove the individual studied from working
in the program, facility, or setting.
new text end

new text begin (b) For Title IV-E eligible children's residential facilities and foster residence settings,
notices under this section must not allow an individual to work in the program, facility, or
setting under supervision.
new text end

Sec. 17.

Minnesota Statutes 2018, section 245C.18, is amended to read:

245C.18 OBLIGATION TO REMOVE DISQUALIFIED INDIVIDUAL FROM
DIRECT CONTACT new text begin AND FROM WORKING IN A PROGRAM, FACILITY, OR
SETTING new text end .

new text begin (a) new text end Upon receipt of notice from the commissioner, the license holder must remove a
disqualified individual from direct contact with persons served by the licensed program if:

(1) the individual does not request reconsideration under section 245C.21 within the
prescribed time;

(2) the individual submits a timely request for reconsideration, the commissioner does
not set aside the disqualification under section 245C.22, subdivision 4, and the individual
does not submit a timely request for a hearing under sections 245C.27 and 256.045, or
245C.28 and chapter 14; or

(3) the individual submits a timely request for a hearing under sections 245C.27 and
256.045, or 245C.28 and chapter 14, and the commissioner does not set aside or rescind the
disqualification under section 245A.08, subdivision 5, or 256.045.

new text begin (b) For children's residential facility and foster residence setting license holders, upon
receipt of notice from the commissioner under paragraph (a), the license holder must also
remove the disqualified individual from working in the program, facility, or setting and
from access to persons served by the licensed program.
new text end

new text begin (c) For Title IV-E eligible children's residential facility and foster residence setting
license holders, upon receipt of notice from the commissioner under paragraph (a), the
license holder must also remove the disqualified individual from working in the program
and from access to persons served by the program and must not allow the individual to work
in the facility or setting until the commissioner has issued a notice stating that:
new text end

new text begin (1) the individual is not disqualified;
new text end

new text begin (2) a disqualification has been set aside under section 245C.23; or
new text end

new text begin (3) a variance has been granted related to the individual under section 245C.30.
new text end

Sec. 18.

Minnesota Statutes 2018, section 256.0112, subdivision 10, is amended to read:

Subd. 10.

Contracts for child foster care services.

When local agencies negotiate lead
county contracts or purchase of service contracts for child foster care services, the foster
care maintenance payment made on behalf of the child shall follow the provisions of
Northstar Care for Children, chapter 256N. Foster care maintenance payments as defined
in section 256N.02, subdivision 15, represent costs for activities similar in nature to those
expected of parents and do not cover services rendered by the licensed or tribally approved
foster parent deleted text begin , facility, deleted text end or administrative costs or fees. Payments made to foster parents must
follow the requirements of section 256N.26, subdivision 15. The legally responsible agency
must provide foster parents with the assessment and notice as specified in section 256N.24.
The financially responsible agency is permitted to make additional payments for specific
services provided by the foster parents deleted text begin or facility deleted text end , as permitted in section 256N.21,
subdivision 5. These additional payments are not considered foster care maintenance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 19.

Minnesota Statutes 2018, section 256.82, subdivision 2, is amended to read:

Subd. 2.

Foster care maintenance payments.

new text begin (a) new text end For the purpose of foster care
maintenance payments under title IV-E of the Social Security Act, United States Code, title
42, sections 670 to 676, the county new text begin or American Indian child welfare initiative tribes under
section 256.01, subdivision 14b, new text end paying the maintenance costs must be reimbursed for the
costs from the federal money available for the purpose. Beginning July 1, 1997, for the
purposes of determining a child's eligibility under title IV-E of the Social Security Act, the
placing agency shall use AFDC requirements in effect on July 16, 1996.

new text begin (b) For the purpose of foster care maintenance payments under title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 676, the state is responsible for
approving of child care institutions for the county paying the facility's maintenance costs
to be reimbursed from the federal money available for the purpose. The facility must be
licensed by the state or approved or licensed by a tribe.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 20.

new text begin [256K.451] MINOR CONSENT TO HOMELESS AND SEXUALLY
EXPLOITED YOUTH SERVICES.
new text end

new text begin A minor living separately from the minor's parent or legal guardian may give consent
to receive homeless youth services and services for sexually exploited youth. A minor's
consent to receive services does not affect a parent or legal guardian's custody of the minor.
new text end

Sec. 21.

Minnesota Statutes 2018, section 256N.02, subdivision 14a, is amended to read:

Subd. 14a.

Licensed child foster parent.

"Licensed child foster parent" means deleted text begin a person deleted text end new text begin
an individual or family new text end who is licensed for child foster care under Minnesota Rules, deleted text begin parts
2960.3000 to 2960.3340 deleted text end new text begin chapter 2960, excluding foster residence settings licensed under
Minnesota Rules, parts 2960.3200 to 2960.3230 new text end , or licensed new text begin or approved new text end by a Minnesota
tribe in accordance with tribal standards new text begin with whom the foster child resides new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 22.

Minnesota Statutes 2018, section 256N.21, subdivision 2, is amended to read:

Subd. 2.

Placement in foster care.

To be eligible for foster care benefits under this
section, the child must be in placement away from the child's legal parent, guardian, or
Indian custodian as defined in section 260.755, subdivision 10, and must meet one of the
criteria in clause (1) and either clause (2) or (3):

(1) the legally responsible agency must have placement authority to place the child with:
(i) a voluntary placement agreement or a court order, consistent with sections 260B.198,
260C.001, and 260D.01, or consistent with section 260C.451 for a child 18 years old or
older and under age 21 who maintains eligibility for foster care; or (ii) a voluntary placement
agreement or court order by a Minnesota tribe that is consistent with United States Code,
title 42, section 672(a)(2); and

(2) the child is placed with a licensed child foster parent new text begin who resides with the child new text end ; or

(3) the child is placed in one of the following unlicensed child foster care settings:

(i) an emergency relative placement under tribal licensing regulations or section
245A.035, with the legally responsible agency ensuring the relative completes the required
child foster care application process;

(ii) a licensed adult foster home with an approved age variance under section 245A.16
for no more than six months new text begin where the license holder resides with the child new text end ;

(iii) for a child 18 years old or older and under age 21 who is eligible for extended foster
care under section 260C.451, an unlicensed supervised independent living setting approved
by the agency responsible for the child's care; or

(iv) a preadoptive placement in a home specified in section 245A.03, subdivision 2,
paragraph (a), clause (9), with an approved adoption home study and signed adoption
placement agreement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 23.

Minnesota Statutes 2018, section 256N.21, subdivision 5, is amended to read:

Subd. 5.

Excluded activities.

The basic and supplemental difficulty of care payment
represents costs for activities similar in nature to those expected of parents, and does not
cover services rendered by the licensed or tribally approved foster parent deleted text begin , facility, deleted text end or
administrative costs or fees. The financially responsible agency may pay an additional fee
for specific services provided by the licensed foster parent deleted text begin or facility deleted text end . A foster parent deleted text begin or
residence setting deleted text end must distinguish such a service from the daily care of the child as assessed
through the process under section 256N.24.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 24.

Minnesota Statutes 2018, section 256N.24, subdivision 4, is amended to read:

Subd. 4.

Extraordinary levels.

(a) The assessment tool established under subdivision
2 must provide a mechanism through which up to five levels can be added to the supplemental
difficulty of care for a particular child under section 256N.26, subdivision 4. In establishing
the assessment tool, the commissioner must design the tool so that the levels applicable to
the portions of the assessment other than the extraordinary levels can accommodate the
requirements of this subdivision.

(b) These extraordinary levels are available when all of the following circumstances
apply:

(1) the child has extraordinary needs as determined by the assessment tool provided for
under subdivision 2, and the child meets other requirements established by the commissioner,
such as a minimum score on the assessment tool;

(2) the child's extraordinary needs require extraordinary care and intense supervision
that is provided by the child's caregiver as part of the parental duties as described in the
supplemental difficulty of care rate, section 256N.02, subdivision 21. This extraordinary
care provided by the caregiver is required so that the child can be safely cared for in the
home and community, and prevents residential placement;

(3) the child is physically living in a foster family setting, as defined in Minnesota Rules,
part 2960.3010, subpart 23, deleted text begin in a foster residence setting, deleted text end or physically living in the home
with the adoptive parent or relative custodian; and

(4) the child is receiving the services for which the child is eligible through medical
assistance programs or other programs that provide necessary services for children with
disabilities or other medical and behavioral conditions to live with the child's family, but
the agency with caregiver's input has identified a specific support gap that cannot be met
through home and community support waivers or other programs that are designed to provide
support for children with special needs.

(c) The agency completing an assessment, under subdivision 2, that suggests an
extraordinary level must document as part of the assessment, the following:

(1) the assessment tool that determined that the child's needs or disabilities require
extraordinary care and intense supervision;

(2) a summary of the extraordinary care and intense supervision that is provided by the
caregiver as part of the parental duties as described in the supplemental difficulty of care
rate, section 256N.02, subdivision 21;

(3) confirmation that the child is currently physically residing deleted text begin in the foster family setting
or deleted text end in the home with the new text begin foster parent, new text end adoptive parent new text begin , new text end or relative custodian;

(4) the efforts of the agency, caregiver, parents, and others to request support services
in the home and community that would ease the degree of parental duties provided by the
caregiver for the care and supervision of the child. This would include documentation of
the services provided for the child's needs or disabilities, and the services that were denied
or not available from the local social service agency, community agency, the local school
district, local public health department, the parent, or child's medical insurance provider;

(5) the specific support gap identified that places the child's safety and well-being at risk
in the home or community and is necessary to prevent residential placement; and

(6) the extraordinary care and intense supervision provided by the foster, adoptive, or
guardianship caregivers to maintain the child safely in the child's home and prevent residential
placement that cannot be supported by medical assistance or other programs that provide
services, necessary care for children with disabilities, or other medical or behavioral
conditions in the home or community.

(d) An agency completing an assessment under subdivision 2 that suggests an
extraordinary level is appropriate must forward the assessment and required documentation
to the commissioner. If the commissioner approves, the extraordinary levels must be
retroactive to the date the assessment was forwarded.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 25.

new text begin [260.7611] COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT
ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
new text end

new text begin A tribe and a county may enter a written agreement transferring responsibility for the
screening and initial response to a child maltreatment report regarding an Indian child
residing in the county where the child's reservation is located, from the county to the tribe.
An agreement under this subdivision shall include a provision clarifying whether the county
or the tribe is responsible for ongoing case management stemming from a child maltreatment
report.
new text end

Sec. 26.

Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision
to read:

new text begin Subd. 16a. new text end

new text begin Family and permanency team. new text end

new text begin "Family and permanency team" means a
team consisting of the child's parent or legal custodian, relatives, foster care providers, and
professionals who are resources to the child's family such as teachers, medical or mental
health providers who have treated the child, or clergy, as appropriate. In the case of an
Indian child, the family and permanency team includes tribal representatives, delegates,
and cultural resources as identified by the child's tribe. Consistent with section 260C.212,
subdivision 1, paragraph (b), if the child is age 14 or older, the team must also include two
team members that the child selects who are not the child's foster parent or caseworker. The
responsible social services agency may reject an individual that the child selects if the agency
has good cause to believe that the individual would not act in the best interests of the child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 27.

Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision
to read:

new text begin Subd. 16b. new text end

new text begin Family foster home. new text end

new text begin "Family foster home" means the home of an individual
or family who is licensed for child foster care under Minnesota Statutes, chapter 245A,
meeting the standards in Minnesota Rules, chapter 2960, excluding foster residence settings
licensed under Minnesota Rules, parts 2960.3000 to 2960.3200, or licensed or approved by
a tribe in accordance with tribal standards with whom the foster child resides. Family foster
home includes an emergency unlicensed relative placement under section 245A.035.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 28.

Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision
to read:

new text begin Subd. 21a. new text end

new text begin Legal authority to place the child. new text end

new text begin "Legal authority to place the child"
means that the agency has legal responsibility for the care and control of the child while
the child is in foster care. The agency may have legal authority to place a child through a
court order under this chapter through a voluntary placement agreement between the agency
and the child's parent under section 260C.227 or, in the case of an Indian child, through
tribal court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 29.

Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision
to read:

new text begin Subd. 25a. new text end

new text begin Permanency plan. new text end

new text begin "Permanency plan" means the established goal in the
out-of-home placement plan that will achieve a safe, permanent home for the child. There
are four permanency goals for children:
new text end

new text begin (1) reunification with the child's parent or legal guardian;
new text end

new text begin (2) placement with other relatives;
new text end

new text begin (3) adoption; or
new text end

new text begin (4) establishment of a new legal guardianship.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 30.

Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision
to read:

new text begin Subd. 26c. new text end

new text begin Qualified individual. new text end

new text begin "Qualified individual" means a trained culturally
competent professional or licensed clinician, including a mental health professional under
section 245.4871, subdivision 27, who is not an employee of the responsible social services
agency and who is not connected to or affiliated with any placement setting in which a
responsible social services agency has placed children.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 31.

Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision
to read:

new text begin Subd. 26d. new text end

new text begin Qualified residential treatment program. new text end

new text begin "Qualified residential treatment
program" means a children's residential treatment program licensed under chapter 245A or
licensed or approved by a tribe that is approved to receive foster care maintenance payments
under section 256.82 that:
new text end

new text begin (1) has a trauma-informed treatment model designed to address the needs of children
with serious emotional or behavioral disorders or disturbances;
new text end

new text begin (2) has registered or licensed nursing staff and other licensed clinical staff who:
new text end

new text begin (i) provide care within the scope of their practice; and
new text end

new text begin (ii) are available 24 hours per day and seven days per week;
new text end

new text begin (3) is accredited by any of the following independent, nonprofit organizations: the
Commission on Accreditation of Rehabilitation Facilities (CARF), the Joint Commission
on Accreditation of Healthcare Organizations (JCAHO), and the Council on Accreditation
(COA), or any other nonprofit accrediting organization approved by the United States
Department of Health and Human Services;
new text end

new text begin (4) if it is in the child's best interests, facilitates participation of the child's family members
in the child's treatment programming consistent with the child's out-of-home placement
plan under sections 260C.212, subdivision 1, and 260C.708;
new text end

new text begin (5) facilitates outreach to family members of the child, including siblings;
new text end

new text begin (6) documents how the facility facilitates outreach to the child's parents and relatives,
as well as documents the child's parents' and other relatives' contact information;
new text end

new text begin (7) documents how the facility includes family members in the child's treatment process,
including after the child's discharge, and how the facility maintains the child's sibling
connections; and
new text end

new text begin (8) provides the child and child's family with discharge planning and family-based
aftercare support for at least six months after the child's discharge.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 32.

Minnesota Statutes 2018, section 260C.007, is amended by adding a subdivision
to read:

new text begin Subd. 27b. new text end

new text begin Residential treatment facility. new text end

new text begin "Residential treatment facility" means a
24-hour-a-day program that provides treatment for children with emotional disturbance,
consistent with section 245.4871, subdivision 32, and includes a licensed residential program
specializing in caring 24 hours a day for children with a developmental delay or related
condition. A residential treatment facility does not include a psychiatric residential treatment
facility under section 256B.0941 or a family foster home as defined in section 260C.007,
subdivision 16b.
new text end

Sec. 33.

Minnesota Statutes 2018, section 260C.157, subdivision 3, is amended to read:

Subd. 3.

Juvenile treatment screening team.

(a) The responsible social services agency
shall establish a juvenile treatment screening team to conduct screenings deleted text begin and prepare case
plans deleted text end under this chapter deleted text begin , chapter 260D, deleted text end and section 245.487, subdivision 3 deleted text begin . deleted text end new text begin , for a child to
receive treatment for an emotional disturbance, a developmental disability, or related
condition in a residential treatment facility licensed by the commissioner of human services
under chapter 245A, or licensed or approved by a tribe. A screening team is not required
for a child to be in: (1) a residential facility specializing in prenatal, postpartum, or parenting
support; (2) a facility specializing in high-quality residential care and supportive services
to children and youth who are sex-trafficking victims or are at risk of becoming
sex-trafficking victims; (3) supervised settings for youth 18 years old or older living
independently; or (4) a licensed residential family-based treatment facility for substance
abuse consistent with section 260C.190. Screenings are also not required when a child must
be placed in a facility due to an emotional crisis or other mental health emergency.
new text end

new text begin (b) The responsible social services agency shall conduct new text end screenings deleted text begin shall be conducted deleted text end
within 15 days of a request for a screening, unless the screening is for the purpose of
deleted text begin placement in mental health deleted text end residential treatment and the child is enrolled in a prepaid health
program under section 256B.69 new text begin , new text end in which case the new text begin agency shall conduct the new text end screening deleted text begin shall
be conducted deleted text end within ten working days of a request. new text begin The responsible social services agency
shall convene new text end the team, which may be deleted text begin the team deleted text end constituted under section 245.4885 or
256B.092 or Minnesota Rules, parts 9530.6600 to 9530.6655 deleted text begin , deleted text end new text begin . The team new text end shall consist of
social workers deleted text begin , juvenile justice professionals, deleted text end new text begin ; new text end persons with expertise in the treatment of
juveniles who are emotionally disabled, chemically dependent, or have a developmental
disability deleted text begin , deleted text end new text begin ; new text end and the child's parent, guardian, or permanent legal custodian deleted text begin under Minnesota
Statutes 2010, section 260C.201, subdivision 11, or section 260C.515, subdivision 4. The
team may be the same team as defined in section 260B.157, subdivision 3 deleted text end . new text begin The team may
include the child's relatives as defined in section 260C.007, subdivisions 26b and 27, the
child's foster care provider, and professionals who are a resource to the child's family such
as teachers, medical or mental health providers, and clergy, as appropriate, consistent with
the family and permanency team as defined in section 260C.007, subdivision 16a. Prior to
forming the team, the responsible social services agency must consult with the child if the
child is age 14 or older, the child's parents, and, if applicable, the child's tribe to ensure that
the team is family-centered and will act in the child's best interest. If the child, child's parents,
or legal guardians raise concerns about specific relatives or professionals, the team should
not include those individuals. This provision does not apply to paragraph (c).
new text end

deleted text begin (b) The social services agency shall determine whether a child brought to its attention
for the purposes described in this section is an Indian child, as defined in section 260C.007,
subdivision 21, and shall determine the identity of the Indian child's tribe, as defined in
section 260.755, subdivision 9. When a child to be evaluated deleted text end new text begin (c) If the agency provides
notice to tribes under section 260.761, and the child screened new text end is an Indian child, the deleted text begin team
provided in paragraph (a) shall include deleted text end new text begin responsible social services agency must make a
rigorous and concerted effort to include new text end a designated representative of the Indian child's
tribe new text begin on the juvenile treatment screening team new text end , unless the child's tribal authority declines to
appoint a representative. The Indian child's tribe may delegate its authority to represent the
child to any other federally recognized Indian tribe, as defined in section 260.755, subdivision
12. new text begin The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25,
sections 1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751
to 260.835, apply to this section.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end If the court, prior to, or as part of, a final disposition new text begin or other court order new text end , proposes
to place a child deleted text begin : deleted text end new text begin with an emotional disturbance or developmental disability or related
condition in residential treatment, the responsible social services agency must conduct a
screening. If the team recommends treating the child in a qualified residential treatment
program, the agency must follow the requirements of sections 260C.70 to 260C.714.
new text end

deleted text begin (1) for the primary purpose of treatment for an emotional disturbance, a developmental
disability, or chemical dependency in a residential treatment facility out of state or in one
which is within the state and licensed by the commissioner of human services under chapter
245A; or
deleted text end

deleted text begin (2) in any out-of-home setting potentially exceeding 30 days in duration, including a
postdispositional placement in a facility licensed by the commissioner of corrections or
human services, deleted text end The court shall ascertain whether the child is an Indian child and shall
notify the deleted text begin county welfare agency deleted text end new text begin responsible social services agency new text end and, if the child is an
Indian child, shall notify the Indian child's tribe deleted text begin . The county's juvenile treatment screening
team must either: (i) screen and evaluate the child and file its recommendations with the
court within 14 days of receipt of the notice; or (ii) elect not to screen a given case and
notify the court of that decision within three working days deleted text end new text begin as paragraph (c) requires new text end .

deleted text begin (d) The child may not be placed for the primary purpose of treatment for an emotional
disturbance, a developmental disability, or chemical dependency, in a residential treatment
facility out of state nor in a residential treatment facility within the state that is licensed
under chapter 245A, unless one of the following conditions applies:
deleted text end

deleted text begin (1) a treatment professional certifies that an emergency requires the placement of the
child in a facility within the state;
deleted text end

deleted text begin (2) the screening team has evaluated the child and recommended that a residential
placement is necessary to meet the child's treatment needs and the safety needs of the
community, that it is a cost-effective means of meeting the treatment needs, and that it will
be of therapeutic value to the child; or
deleted text end

deleted text begin (3) the court, having reviewed a screening team recommendation against placement,
determines to the contrary that a residential placement is necessary. The court shall state
the reasons for its determination in writing, on the record, and shall respond specifically to
the findings and recommendation of the screening team in explaining why the
recommendation was rejected. The attorney representing the child and the prosecuting
attorney shall be afforded an opportunity to be heard on the matter.
deleted text end

deleted text begin (e) When the county's juvenile treatment screening team has elected to screen and evaluate
a child determined to be an Indian child, the team shall provide notice to the tribe or tribes
that accept jurisdiction for the Indian child or that recognize the child as a member of the
tribe or as a person eligible for membership in the tribe, and permit the tribe's representative
to participate in the screening team.
deleted text end

new text begin (e) When the responsible social services agency is responsible for placing and caring
for the child and the screening team recommends placing a child in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1)
begin the assessment and processes required in section 260C.704 without delay; and (2)
conduct a relative search according to section 260C.221 to assemble the child's family and
permanency team under section 260C.706. Prior to notifying relatives regarding the family
and permanency team, the responsible social services agency must consult with the child
if the child is age 14 or older, the child's parents and, if applicable, the child's tribe to ensure
that the agency is providing notice to individuals who will act in the child's best interest.
The child and the child's parents may identify a culturally competent qualified individual
to complete the child's assessment. The agency shall make efforts to refer the assessment
to the identified qualified individual. The assessment may not be delayed for the purpose
of having the assessment completed by a specific qualified individual.
new text end

new text begin (f) When a screening team determines that a child does not need treatment in a qualified
residential treatment program, the screening team must:
new text end

new text begin (1) document the services and supports that will prevent the child's foster care placement
and will support the child remaining at home;
new text end

new text begin (2) document the services and supports that the agency will arrange to place the child
in a family foster home; or
new text end

new text begin (3) document the services and supports that the agency has provided in any other setting.
new text end

deleted text begin (f) deleted text end new text begin (g) new text end When the Indian child's tribe or tribal health care services provider or Indian
Health Services provider proposes to place a child for the primary purpose of treatment for
an emotional disturbance, a developmental disability, or co-occurring emotional disturbance
and chemical dependency, the Indian child's tribe or the tribe delegated by the child's tribe
shall submit necessary documentation to the county juvenile treatment screening team,
which must invite the Indian child's tribe to designate a representative to the screening team.

new text begin (h) The responsible social services agency must conduct and document the screening in
a format approved by the commissioner of human services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 34.

Minnesota Statutes 2018, section 260C.202, is amended to read:

260C.202 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 plan and the child's 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
sections 260C.503 to 260C.521, 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 of the commissioner, shall be governed by section 260C.607. new text begin When a child
is placed in a qualified residential treatment program setting as defined in section 260C.007,
subdivision 26d, the responsible social services agency must submit evidence to the court
as specified in section 260C.712.
new text end

(b) No later than three months after the child's placement in foster care, the court shall
review agency efforts pursuant to section 260C.221, and order that the efforts continue if
the agency has failed to perform the duties under that section. The court must order the
agency to continue to appropriately engage relatives who responded to the notice under
section 260C.221 in placement and case planning decisions and to engage other relatives
who came to the agency's attention after notice under section 260C.221 was sent.

(c) The court shall review the out-of-home placement plan and may modify the plan as
provided under section 260C.201, 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 sections 260C.204 and 260C.503
to 260C.521, as required under juvenile court rules.

(e) When a child remains in or returns to foster care pursuant to section 260C.451 and
the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
court shall at least annually conduct the review required under section 260C.203.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 35.

Minnesota Statutes 2018, section 260C.204, is amended to read:

260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER
CARE FOR SIX MONTHS.

(a) When a child continues in placement out of the home of the parent or guardian from
whom the child was removed, no later than six months after the child's placement the court
shall conduct a permanency progress hearing to review:

(1) the progress of the case, the parent's progress on the case plan or out-of-home
placement plan, whichever is applicable;

(2) the agency's reasonable, or in the case of an Indian child, active efforts for
reunification and its provision of services;

(3) the agency's reasonable efforts to finalize the permanent plan for the child under
section 260.012, paragraph (e), and to make a placement as required under section 260C.212,
subdivision 2, in a home that will commit to being the legally permanent family for the
child in the event the child cannot return home according to the timelines in this section;
and

(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian
family and to make a placement according to the placement preferences under United States
Code, title 25, chapter 21, section 1915.

new text begin (b) When a child is placed in a qualified residential treatment program setting as defined
in section 260C.007, subdivision 26d, the responsible social services agency must submit
evidence to the court as specified in section 260C.712.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The court shall ensure that notice of the hearing is sent to any relative who:

(1) responded to the agency's notice provided under section 260C.221, indicating an
interest in participating in planning for the child or being a permanency resource for the
child and who has kept the court apprised of the relative's address; or

(2) asked to be notified of court proceedings regarding the child as is permitted in section
260C.152, subdivision 5.

deleted text begin (c)(1) deleted text end new text begin (d)(1) new text end If the parent or guardian has maintained contact with the child and is
complying with the court-ordered out-of-home placement plan, and if the child would benefit
from reunification with the parent, the court may either:

(i) return the child home, if the conditions which led to the out-of-home placement have
been sufficiently mitigated that it is safe and in the child's best interests to return home; or

(ii) continue the matter up to a total of six additional months. If the child has not returned
home by the end of the additional six months, the court must conduct a hearing according
to sections 260C.503 to 260C.521.

(2) If the court determines that the parent or guardian is not complying with the
out-of-home placement plan or is not maintaining regular contact with the child as outlined
in the visitation plan required as part of the out-of-home placement plan under section
260C.212, the court may order the responsible social services agency:

(i) to develop a plan for legally permanent placement of the child away from the parent;

(ii) to consider, identify, recruit, and support one or more permanency resources from
the child's relatives and foster parent to be the legally permanent home in the event the child
cannot be returned to the parent. Any relative or the child's foster parent may ask the court
to order the agency to consider them for permanent placement of the child in the event the
child cannot be returned to the parent. A relative or foster parent who wants to be considered
under this item shall cooperate with the background study required under section 245C.08,
if the individual has not already done so, and with the home study process required under
chapter 245A for providing child foster care and for adoption under section 259.41. The
home study referred to in this item shall be a single-home study in the form required by the
commissioner of human services or similar study required by the individual's state of
residence when the subject of the study is not a resident of Minnesota. The court may order
the responsible social services agency to make a referral under the Interstate Compact on
the Placement of Children when necessary to obtain a home study for an individual who
wants to be considered for transfer of permanent legal and physical custody or adoption of
the child; and

(iii) to file a petition to support an order for the legally permanent placement plan.

deleted text begin (d) deleted text end new text begin (e) new text end Following the review under this section:

(1) if the court has either returned the child home or continued the matter up to a total
of six additional months, the agency shall continue to provide services to support the child's
return home or to make reasonable efforts to achieve reunification of the child and the parent
as ordered by the court under an approved case plan;

(2) if the court orders the agency to develop a plan for the transfer of permanent legal
and physical custody of the child to a relative, a petition supporting the plan shall be filed
in juvenile court within 30 days of the hearing required under this section and a trial on the
petition held within 60 days of the filing of the pleadings; or

(3) if the court orders the agency to file a termination of parental rights, unless the county
attorney can show cause why a termination of parental rights petition should not be filed,
a petition for termination of parental rights shall be filed in juvenile court within 30 days
of the hearing required under this section and a trial on the petition held within 60 days of
the filing of the petition.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 36.

Minnesota Statutes 2018, section 260C.212, subdivision 1, is amended to read:

Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan shall
be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter 260D.

(b) An out-of-home placement plan means a written document which is prepared by the
responsible social services agency jointly with the parent or parents or guardian of the child
and in consultation with the child's guardian ad litem, the child's tribe, if the child is an
Indian child, the child's foster parent or representative of the foster care facility, and, where
appropriate, the child. When a child is age 14 or older, the child may include two other
individuals on the team preparing the child's out-of-home placement plan. The child may
select one member of the case planning team to be designated as the child's advisor and to
advocate with respect to the application of the reasonable and prudent parenting standards.
The responsible social services agency may reject an individual selected by the child if the
agency has good cause to believe that the individual would not act in the best interest of the
child. For a child in voluntary foster care for treatment under chapter 260D, preparation of
the out-of-home placement plan shall additionally include the child's mental health treatment
provider. For a child 18 years of age or older, the responsible social services agency shall
involve the child and the child's parents as appropriate. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,
a representative of the child's tribe, the responsible social services agency, and, if possible,
the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like, setting available which is in close proximity to the home
of the parent or parents or guardian of the child when the case plan goal is reunification,
and how the placement is consistent with the best interests and special needs of the child
according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from home and the changes the
parent or parents must make for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate or
correct the problems or conditions identified in clause (2), and the time period during which
the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
achieve a safe and stable home for the child including social and other supportive services
to be provided or offered to the parent or parents or guardian of the child, the child, and the
residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if not,
the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined in
section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest of
the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize adoption as the permanency plan for the child through reasonable efforts
to place the child for adoption. At a minimum, the documentation must include consideration
of whether adoption is in the best interests of the child, child-specific recruitment efforts
such as relative search and the use of state, regional, and national adoption exchanges to
facilitate orderly and timely placements in and outside of the state. A copy of this
documentation shall be provided to the court in the review required under section 260C.317,
subdivision 3, paragraph (b);

(7) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize the transfer of permanent legal and physical custody to a relative as the
permanency plan for the child. This documentation must support the requirements of the
kinship placement agreement under section 256N.22 and must include the reasonable efforts
used to determine that it is not appropriate for the child to return home or be adopted, and
reasons why permanent placement with a relative through a Northstar kinship assistance
arrangement is in the child's best interest; how the child meets the eligibility requirements
for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's
relative foster parent and reasons why the relative foster parent chose not to pursue adoption,
if applicable; and agency efforts to discuss with the child's parent or parents the permanent
transfer of permanent legal and physical custody or the reasons why these efforts were not
made;

(8) efforts to ensure the child's educational stability while in foster care for a child who
attained the minimum age for compulsory school attendance under state law and is enrolled
full time in elementary or secondary school, or instructed in elementary or secondary
education at home, or instructed in an independent study elementary or secondary program,
or incapable of attending school on a full-time basis due to a medical condition that is
documented and supported by regularly updated information in the child's case plan.
Educational stability efforts include:

(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another, including
efforts to work with the local education authorities to ensure the child's educational stability
and attendance; or

(ii) if it is not in the child's best interest to remain in the same school that the child was
enrolled in prior to placement or move from one placement to another, efforts to ensure
immediate and appropriate enrollment for the child in a new school;

(9) the educational records of the child including the most recent information available
regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(10) the efforts by the responsible social services agency to ensure the oversight and
continuity of health care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, shall be monitored and treated while the child is in foster care;

(iii) how the child's medical information shall be updated and shared, including the
child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals shall be
consulted and involved in assessing the health and well-being of the child and determine
the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through either
medical insurance or medical assistance;

(11) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable diseases
as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for medical
insurance or medical assistance;

(12) an independent living plan for a child 14 years of age or older, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's advisor and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14. The plan should include, but
not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a driver's
license;

(iv) money management, including the responsibility of the responsible social services
agency to ensure that the child annually receives, at no cost to the child, a consumer report
as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies
in the report;

(v) planning for housing;

(vi) social and recreational skills;

(vii) establishing and maintaining connections with the child's family and community;
and

(viii) regular opportunities to engage in age-appropriate or developmentally appropriate
activities typical for the child's age group, taking into consideration the capacities of the
individual child;

(13) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes; deleted text begin and
deleted text end

(14) for a child 14 years of age or older, a signed acknowledgment that describes the
child's rights regarding education, health care, visitation, safety and protection from
exploitation, and court participation; receipt of the documents identified in section 260C.452;
and receipt of an annual credit report. The acknowledgment shall state that the rights were
explained in an age-appropriate manner to the child deleted text begin . deleted text end new text begin ; and
new text end

new text begin (15) for a child placed in a qualified residential treatment program, the plan must include
the requirements in section 260C.708.
new text end

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to a guardian ad litem. If unable
to employ counsel from their own resources, the court shall appoint counsel upon the request
of the parent or parents or the child or the child's legal guardian. The parent or parents may
also receive assistance from any person or social services agency in preparation of the case
plan.

After the plan has been agreed upon by the parties involved or approved or ordered by
the court, the foster parents shall be fully informed of the provisions of the case plan and
shall be provided a copy of the plan.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with a
current copy of the child's health and education record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 37.

Minnesota Statutes 2018, section 260C.212, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Out-of-home placement plan update. new text end

new text begin (a) Within 30 days of placing the child
in foster care, the agency must file the initial out-of-home placement plan with the court.
After filing the initial out-of-home placement plan, the agency shall update and file the
out-of-home placement plan with the court as follows:
new text end

new text begin (1) when the agency moves a child to a different foster care setting, the agency shall
inform the court within 30 days of the placement change or court-ordered trial home visit.
The agency must file the updated out-of-home placement plan with the court at the next
required review hearing;
new text end

new text begin (2) when the agency places a child in a qualified residential treatment program as defined
in section 260C.007, subdivision 26d, or moves a child from one qualified residential
treatment program to a different qualified residential treatment program, the agency must
update the out-of-home placement plan within 60 days. To meet the requirements of
260C.708, the agency must file the out-of-home placement plan with the court as part of
the 60-day hearing and must update the plan after the court hearing to document the court's
approval or disapproval of the child's placement in a qualified residential treatment program;
new text end

new text begin (3) when the agency places a child with the child's parent in a licensed residential
family-based substance use disorder treatment program under section 260C.190, the agency
must identify the treatment program in the child's out-of-home placement plan prior to the
child's placement. The agency must file the out-of-home placement plan with the court at
the next required review hearing; and
new text end

new text begin (4) under sections 260C.227 and 260C.521, the agency must update the out-of-home
placement plan and file the plan with the court.
new text end

new text begin (b) When none of the items in paragraph (a) apply, the agency must update the
out-of-home placement plan no later than 180 days after the child's initial placement and
every six months thereafter, consistent with section 260C.203, paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 38.

Minnesota Statutes 2019 Supplement, section 260C.212, subdivision 2, is amended
to read:

Subd. 2.

Placement decisions based on best interests of the child.

(a) The policy of
the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of how the selected placement
will serve the needs of the child being placed. The authorized child-placing agency shall
place a child, released by court order or by voluntary release by the parent or parents, in a
family foster home selected by considering placement with relatives and important friends
in the following order:

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

(2) with an individual who is an important friend with whom the child has resided or
had significant contact.

For an Indian child, the agency shall follow the order of placement preferences in the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1915.

(b) Among the factors the agency shall consider in determining the needs of the child
are the following:

(1) the child's current functioning and behaviors;

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's relationship to current caretakers, parents, siblings, and relatives;

(10) the reasonable preference of the child, if the court, or the child-placing agency in
the case of a voluntary placement, deems the child to be of sufficient age to express
preferences; and

(11) for an Indian child, the best interests of an Indian child as defined in section 260.755,
subdivision 2a.

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest possible
time unless it is documented that a joint placement would be contrary to the safety or
well-being of any of the siblings or unless it is not possible after reasonable efforts by the
responsible social services agency. In cases where siblings cannot be placed together, the
agency is required to provide frequent visitation or other ongoing interaction between
siblings unless the agency documents that the interaction would be contrary to the safety
or well-being of any of the siblings.

(e) Except for emergency placement as provided for in section 245A.035, the following
requirements must be satisfied before the approval of a foster or adoptive placement in a
related or unrelated home: (1) a completed background study under section 245C.08; and
(2) a completed review of the written home study required under section 260C.215,
subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or
adoptive parent to ensure the placement will meet the needs of the individual child.

(f) The agency must determine whether colocation with a parent who is receiving services
in a licensed residential family-based substance use disorder treatment program is in the
child's best interests according to paragraph (b) and include that determination in the child's
case plan new text begin under subdivision 1 new text end . The agency may consider additional factors not identified
in paragraph (b). The agency's determination must be documented in the child's case plan
before the child is colocated with a parent.

new text begin (g) The agency must establish a juvenile treatment screening team under section 260C.157
to determine whether it is necessary and appropriate to recommend placing a child in a
qualified residential treatment program, as defined in section 260C.007, subdivision 26d.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 39.

Minnesota Statutes 2018, section 260C.212, subdivision 4a, is amended to read:

Subd. 4a.

Monthly caseworker visits.

(a) Every child in foster care or on a trial home
visit shall be visited by the child's caseworker or another person who has responsibility for
visitation of the child on a monthly basis, with the majority of visits occurring in the child's
residence. new text begin The responsible social services agency may designate another person responsible
for monthly case visits. new text end For the purposes of this section, the following definitions apply:

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

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

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

new text begin (4) "another person" means the professional staff whom the responsible social services
agency has assigned in the out-of-home placement plan or case plan. Another person must
be professionally trained to assess the child's safety, permanency, well-being, and case
progress. The agency may not designate the guardian ad litem, the child foster care provider,
residential facility staff, or a qualified individual as defined in section 260C.007, subdivision
26b, as another person; and
new text end

deleted text begin (4) deleted text end new text begin (5) new text end "the child's residence" is defined as the home where the child is residing, and can
include the foster home, child care institution, or the home from which the child was removed
if the child is on a trial home visit.

(b) Caseworker visits shall be of sufficient substance and duration to address issues
pertinent to case planning and service delivery to ensure the safety, permanency, and
well-being of the child, including whether the child is enrolled and attending school as
required by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 40.

Minnesota Statutes 2018, section 260C.227, is amended to read:

260C.227 VOLUNTARY FOSTER CARE; REQUIRED COURT REVIEW.

new text begin (a) new text end When the responsible social services agency and the child's parent or guardian agree
that the child's safety, health, and best interests require that the child be in foster care, the
agency and the parent or guardian may enter into a voluntary agreement for the placement
of the child in foster care. The voluntary agreement must be in writing and in a form approved
by the commissioner.

new text begin (b) new text end When the child has been placed in foster care pursuant to a voluntary foster care
agreement between the agency and the parent, under this section and the child is not returned
home within 90 days after initial placement in foster care, the agency responsible for the
child's placement in foster care shall:

(1) return the child to the home of the parent or parents; or

(2) file a petition according to section 260C.141, subdivision 1 or 2, which may:

(i) ask the court to review the child's placement in foster care and approve it as continued
voluntary foster care for up to an additional 90 days;

(ii) ask the court to order continued foster care according to sections 260C.178 and
260C.201; or

(iii) ask the court to terminate parental rights under section 260C.301.

new text begin (3) new text end The out-of-home placement plan must be updated and filed along with the petition.

new text begin (c) new text end If the court approves continuing the child in foster care for up to 90 more days on a
voluntary basis, at the end of the court-approved 90-day period, the child must be returned
to the parent's home. If the child is not returned home, the responsible social services agency
must proceed on the petition filed alleging the child in need of protection or services or the
petition for termination of parental rights or other permanent placement of the child away
from the parent. The court must find a statutory basis to order the placement of the child
under section 260C.178; 260C.201; 260C.503 to 260C.521; or 260C.317.

new text begin (d) If the child is placed in a qualified residential treatment program, the placement must
follow the requirements of sections 260C.70 to 260C.714.
new text end

Sec. 41.

Minnesota Statutes 2018, section 260C.4412, is amended to read:

260C.4412 PAYMENT FOR RESIDENTIAL PLACEMENTS.

new text begin (a) new text end When a child is placed in a foster care group residential setting under Minnesota
Rules, parts 2960.0020 to 2960.0710, new text begin a foster residence licensed under chapter 245A that
meets the standards of Minnesota Rules, parts 2960.3200 to 2960.3230, or a children's
residential facility licensed or approved by a tribe, new text end foster care maintenance payments must
be made on behalf of the child to cover the cost of providing food, clothing, shelter, daily
supervision, school supplies, child's personal incidentals and supports, reasonable travel for
visitation, or other transportation needs associated with the items listed. Daily supervision
in the group residential setting includes routine day-to-day direction and arrangements to
ensure the well-being and safety of the child. It may also include reasonable costs of
administration and operation of the facility.

new text begin (b) The commissioner of human services shall specify the title IV-E administrative
procedures under section 256.82 for each of the following residential program settings:
new text end

new text begin (1) residential programs licensed under chapter 245A or licensed by a tribe, including:
new text end

new text begin (i) qualified residential treatment programs as defined in section 260C.007, subdivision
26d;
new text end

new text begin (ii) program settings specializing in providing prenatal, postpartum, or parenting supports
for youth; and
new text end

new text begin (iii) program settings providing high-quality residential care and supportive services to
children and youth who are, or are at risk of becoming, sex trafficking victims;
new text end

new text begin (2) licensed residential family-based substance use disorder treatment programs as
defined in section 260C.007, subdivision 22a; and
new text end

new text begin (3) supervised settings in which a foster child age 18 or older may live independently,
consistent with section 260C.451.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 42.

Minnesota Statutes 2018, section 260C.503, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Qualified residential treatment program; permanency hearing
requirements. new text end

new text begin When a child is placed in a qualified residential treatment program as defined
in section 260C.007, subdivision 26d, the responsible social services agency must submit
evidence to the court as specified in section 260C.712.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

PLACEMENTS IN QUALIFIED RESIDENTIAL TREATMENT PROGRAMS.

Sec. 43.

new text begin [260C.70] CITATION.
new text end

new text begin Sections 260C.70 to 260C.714 may be cited as "Placements in Qualified Residential
Treatment Programs." Sections 260C.70 to 260C.714 implement the requirements of the
Family First Prevention Services Act of 2018, Public Law 115-123, and apply to children
for whom the juvenile treatment screening team under section 260C.157, subdivision 3,
recommends placement in a qualified residential treatment program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 44.

new text begin [260C.702] REQUIREMENTS FOR PLACEMENTS IN QUALIFIED
RESIDENTIAL TREATMENT PROGRAMS.
new text end

new text begin For the responsible social services agency to place a child in a qualified residential
treatment program, there must be:
new text end

new text begin (1) an assessment by a qualified individual of whether it is necessary and appropriate
to place the child at a qualified residential treatment program under section 260C.704;
new text end

new text begin (2) a family and permanency team under section 260C.706;
new text end

new text begin (3) an out-of-home placement plan under section 260C.708;
new text end

new text begin (4) court approval of a child's placement in a qualified residential treatment program
under section 260C.71;
new text end

new text begin (5) ongoing reviews and permanency hearings under section 260C.712; and
new text end

new text begin (6) a court review of any extended placement of the child in a qualified residential
treatment program under section 260C.714.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 45.

new text begin [260C.704] REQUIREMENTS FOR THE QUALIFIED INDIVIDUAL'S
ASSESSMENT OF THE CHILD FOR PLACEMENT IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM.
new text end

new text begin (a) A qualified individual must complete an assessment of the child prior to or within
30 days of the child's placement in a qualified residential treatment program in a format
approved by the commissioner of human services, and must:
new text end

new text begin (1) assess the child's needs and strengths, using an age-appropriate, evidence-based,
validated, functional assessment approved by the commissioner of human services;
new text end

new text begin (2) determine whether the child's needs be met by the child's family members or through
placement in a family foster home; or, if not, determine which residential setting would
provide the child with the most effective and appropriate level of care to the child in the
least restrictive environment;
new text end

new text begin (3) develop a list of short- and long-term mental and behavioral health goals for the
child; and
new text end

new text begin (4) work with the child's family and permanency team using culturally competent
practices.
new text end

new text begin (b) The child and the child's parents, when appropriate, may request that a specific
culturally competent qualified individual complete the child's assessment. The agency shall
make efforts to refer the child to the identified qualified individual to complete the
assessment. The assessment must not be delayed for a specific qualified individual to
complete the assessment.
new text end

new text begin (c) The qualified individual must provide the assessment, when complete, to the
responsible social services agency, the child's parents or legal guardians, the guardian ad
litem, and to the court as required in section 260C.71. If court rules and chapter 13 permit
disclosure of the results of the child's assessment, the agency may share the results of the
child's assessment with the child's foster care provider, other members of the child's family,
and the family and permanency team. The agency must not share the child's private medical
data with the family and permanency team unless: (1) chapter 13 permits the agency to
disclose the child's private medical data to the family and permanency team; or (2) the child's
parent has authorized the agency to disclose the child's private medical data to the family
and permanency team.
new text end

new text begin (d) For an Indian child, the assessment of the child must follow the order of placement
preferences in the Indian Child Welfare Act of 1978, United States Code, title 25, section
1915.
new text end

new text begin (e) In the assessment determination, the qualified individual must specify in writing:
new text end

new text begin (1) the reasons why the child's needs cannot be met by the child's family or in a family
foster home. A shortage of family foster homes is not an acceptable reason for determining
that a family foster home cannot meet a child's needs;
new text end

new text begin (2) why the recommended placement in a qualified residential treatment program will
provide the child with the most effective and appropriate level of care to meet the child's
needs in the least restrictive environment possible and how placing the child at the treatment
program is consistent with the short-term and long-term goals of the child's permanency
plan; and
new text end

new text begin (3) if the qualified individual's placement recommendation is not the placement setting
that the parent, family and permanency team, child, or tribe prefer, the qualified individual
must identify the reasons why the qualified individual does not recommend the parent's,
family and permanency team's, child's, or tribe's placement preferences. The out-of-home
placement plan under section 260C.708 must also include reasons why the qualified
individual did not recommend the preferences of the parents, family and permanency team,
child, or tribe.
new text end

new text begin (f) If the qualified individual determines that the child's family or a family foster home
or other less restrictive placement may meet the child's needs, the agency must move the
child out of the qualified residential treatment program and transition the child to a less
restrictive setting within 30 days of the determination.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 46.

new text begin [260C.706] FAMILY AND PERMANENCY TEAM REQUIREMENTS.
new text end

new text begin (a) When the responsible social services agency's juvenile treatment screening team, as
defined in section 260C.157, recommends placing the child in a qualified residential treatment
program, the agency must assemble a family and permanency team within ten days.
new text end

new text begin (1) The team must include all appropriate biological family members, the child's parents,
legal guardians or custodians, foster care providers, and relatives as defined in section
260C.007, subdivisions 26c and 27, and professionals, as appropriate, who are a resource
to the child's family, such as teachers, medical or mental health providers, or clergy.
new text end

new text begin (2) When a child is placed in foster care prior to the qualified residential treatment
program, the agency shall include relatives responding to the relative search notice as
required under section 260C.221 on this team, unless the juvenile court finds that contacting
a specific relative would endanger the parent, guardian, child, sibling, or any other family
member.
new text end

new text begin (3) When a qualified residential treatment program is the child's initial placement setting,
the responsible social services agency must engage with the child and the child's parents to
determine the appropriate family and permanency team members.
new text end

new text begin (4) When the permanency goal is to reunify the child with the child's parent or legal
guardian, the purpose of the relative search and focus of the family and permanency team
is to preserve family relationships and identify and develop supports for the child and parents.
new text end

new text begin (5) The responsible agency must make a good faith effort to identify and assemble all
appropriate individuals to be part of the child's family and permanency team and request
input from the parents regarding relative search efforts consistent with section 260C.221.
The out-of-home placement plan in section 260C.708 must include all contact information
for the team members, as well as contact information for family members or relatives who
are not a part of the family and permanency team.
new text end

new text begin (6) If the child is age 14 or older, the team must include members of the family and
permanency team that the child selects in accordance with section 260C.212, subdivision
1, paragraph (b).
new text end

new text begin (7) Consistent with section 260C.221, a responsible social services agency may disclose
relevant and appropriate private data about the child to relatives in order for the relatives
to participate in caring and planning for the child's placement.
new text end

new text begin (8) If the child is an Indian child under section 260.751, the responsible social services
agency must make active efforts to include the child's tribal representative on the family
and permanency team.
new text end

new text begin (b) The family and permanency team shall meet regarding the assessment required under
section 260C.704 to determine whether it is necessary and appropriate to place the child in
a qualified residential treatment program and to participate in case planning under section
260C.708.
new text end

new text begin (c) When reunification of the child with the child's parent or legal guardian is the
permanency plan, the family and permanency team shall support the parent-child relationship
by recognizing the parent's legal authority, consulting with the parent regarding ongoing
planning for the child, and assisting the parent with visiting and contacting the child.
new text end

new text begin (d) When the agency's permanency plan is to transfer the child's permanent legal and
physical custody to a relative or for the child's adoption, the team shall:
new text end

new text begin (1) coordinate with the proposed guardian to provide the child with educational services,
medical care, and dental care;
new text end

new text begin (2) coordinate with the proposed guardian, the agency, and the foster care facility to
meet the child's treatment needs after the child is placed in a permanent placement with the
proposed guardian;
new text end

new text begin (3) plan to meet the child's need for safety, stability, and connection with the child's
family and community after the child is placed in a permanent placement with the proposed
guardian; and
new text end

new text begin (4) in the case of an Indian child, communicate with the child's tribe to identify necessary
and appropriate services for the child, transition planning for the child, the child's treatment
needs, and how to maintain the child's connections to the child's community, family, and
tribe.
new text end

new text begin (e) The agency shall invite the family and permanency team to participate in case planning
and the agency shall give the team notice of court reviews under sections 260C.152 and
260C.221 until: (1) the child is reunited with the child's parents; or (2) the child's foster care
placement ends and the child is in a permanent placement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 47.

new text begin [260C.708] OUT-OF-HOME PLACEMENT PLAN FOR QUALIFIED
RESIDENTIAL TREATMENT PROGRAM PLACEMENTS.
new text end

new text begin (a) When the responsible social services agency places a child in a qualified residential
treatment program as defined in section 260C.007, subdivision 26d, the out-of-home
placement plan must include:
new text end

new text begin (1) the case plan requirements in section 260.212, subdivision 1;
new text end

new text begin (2) the reasonable and good faith efforts of the responsible social services agency to
identify and include all of the individuals required to be on the child's family and permanency
team under section 260C.007;
new text end

new text begin (3) all contact information for members of the child's family and permanency team and
for other relatives who are not part of the family and permanency team;
new text end

new text begin (4) evidence that the agency scheduled meetings of the family and permanency team,
including meetings relating to the assessment required under section 260C.704, at a time
and place convenient for the family;
new text end

new text begin (5) when reunification of the child with the child's parent or legal guardian is the agency's
goal, evidence demonstrating that the parent or legal guardian provided input about the
members of the family and permanency team under section 260C.706;
new text end

new text begin (6) when the agency's permanency goal is to reunify the child with the child's parent or
legal guardian, the out-of-home placement plan must identify services and supports that
maintain the parent-child relationship and the parent's legal authority, decision-making, and
responsibility for ongoing planning for the child. In addition, the agency must assist the
parent with visiting and contacting the child;
new text end

new text begin (7) when the agency's permanency goal is to transfer permanent legal and physical
custody of the child to a proposed guardian or to finalize the child's adoption, the case plan
must document the agency's steps to transfer permanent legal and physical custody of the
child or finalize adoption, as required in section 260C.212, subdivision 1, paragraph (c),
clauses (6) and (7); and
new text end

new text begin (8) the qualified individual's recommendation regarding the child's placement in a
qualified residential treatment program and the court approval or disapproval of the placement
as required in section 260C.71.
new text end

new text begin (b) If the placement preferences of the family and permanency team, child, and tribe, if
applicable, are not consistent with the placement setting that the qualified individual
recommends, the case plan must include the reasons why the qualified individual did not
recommend following the preferences of the family and permanency team, child, and the
tribe.
new text end

new text begin (c) The agency must file the out-of-home placement plan with the court as part of the
60-day hearing under section 260C.71.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 48.

new text begin [260C.71] COURT APPROVAL REQUIREMENTS.
new text end

new text begin (a) Within 60 days from the beginning of each placement in a qualified residential
treatment program, the court must:
new text end

new text begin (1) consider the qualified individual's assessment of whether it is necessary and
appropriate to place the child in a qualified residential treatment program under section
260C.704;
new text end

new text begin (2) determine whether a family foster home can meet the child's needs, whether it is
necessary and appropriate to place a child in a qualified residential treatment program that
is the least restrictive environment possible, and whether the child's placement is consistent
with the child's short and long term goals as specified in the permanency plan; and
new text end

new text begin (3) approve or disapprove of the child's placement.
new text end

new text begin (b) In the out-of-home placement plan, the agency must document the court's approval
or disapproval of the placement, as specified in section 260C.708.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 49.

new text begin [260C.712] ONGOING REVIEWS AND PERMANENCY HEARING
REQUIREMENTS.
new text end

new text begin As long as a child remains placed in a qualified residential treatment program, the
responsible social services agency shall submit evidence at each administrative review under
section 260C.203; each court review under sections 260C.202, 260C.203, and 260C.204;
and each permanency hearing under section 260C.515, 260C.519, or 260C.521, that:
new text end

new text begin (1) demonstrates that an ongoing assessment of the strengths and needs of the child
continues to support the determination that the child's needs cannot be met through placement
in a family foster home;
new text end

new text begin (2) demonstrates that the placement of the child in a qualified residential treatment
program provides the most effective and appropriate level of care for the child in the least
restrictive environment;
new text end

new text begin (3) demonstrates how the placement is consistent with the short-term and long-term
goals for the child, as specified in the child's permanency plan;
new text end

new text begin (4) documents how the child's specific treatment or service needs will be met in the
placement;
new text end

new text begin (5) documents the length of time that the agency expects the child to need treatment or
services; and
new text end

new text begin (6) documents the responsible social services agency's efforts to prepare the child to
return home or to be placed with a fit and willing relative, legal guardian, adoptive parent,
or foster family.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 50.

new text begin [260C.714] REVIEW OF EXTENDED QUALIFIED RESIDENTIAL
TREATMENT PROGRAM PLACEMENTS.
new text end

new text begin (a) When a responsible social services agency places a child in a qualified residential
treatment program for more than 12 consecutive months or 18 nonconsecutive months or,
in the case of a child who is under 13 years of age, for more than six consecutive or
nonconsecutive months, the agency must submit: (1) the signed approval by the county
social services director of the responsible social services agency; and (2) the evidence
supporting the child's placement at the most recent court review or permanency hearing
under section 260C.712, paragraph (b).
new text end

new text begin (b) The commissioner shall specify the procedures and requirements for the agency's
review and approval of a child's extended qualified residential treatment program placement.
The commissioner may consult with counties, tribes, child-placing agencies, mental health
providers, licensed facilities, the child, the child's parents, and the family and permanency
team members to develop case plan requirements and engage in periodic reviews of the
case plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 30, 2021.
new text end

Sec. 51. new text begin INSTRUCTION TO COMMISSIONER.
new text end

new text begin The commissioner must confer with the Association of Minnesota Counties, the
Minnesota Association of County Social Service Administrators, other state and county
agencies, Minnesota's Tribal communities, National Alliance on Mental Illness Minnesota,
AspireMN, and other relevant stakeholders to make recommendations to the legislature
regarding payment for the cost of treatment and care for residential treatment services,
including community-based group care, for children currently served under Minnesota
Statutes, chapter 260D. The recommendations must include the approximate cost of care
that will no longer be eligible for federal Title IV-E reimbursement paid to the counties for
children currently served through voluntary foster care placements. The recommendations
must also explore the impact on youth currently served under Minnesota Statutes, chapter
260D, including access to medical assistance and nonresidential services, as well as the
impact on equity for overrepresented populations in the child protection and child welfare
systems in Minnesota. The commissioner must report back to the legislature by January 15,
2021.
new text end