HF 3863

as introduced - 86th Legislature (2009 - 2010) Posted on 05/16/2010 01:55pm

A bill for an act
relating to child protection; adding guardian ad litem authority; amending
Minnesota Statutes 2008, sections 260C.193, subdivision 6, as amended;
260C.209, subdivision 1; Minnesota Statutes 2009 Supplement, section
260C.212, subdivision 4a.

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

Section 1.

Minnesota Statutes 2008, section 260C.193, subdivision 6, as amended by
Laws 2010, chapter 269, article 3, section 4, is amended to read:

Subd. 6.

Jurisdiction to review foster care to age 21, termination of jurisdiction,
jurisdiction to age 18.

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

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

(c) Unless terminated by the court, and except as otherwise provided in this
subdivision, the jurisdiction of the court shall continue until the child becomes 18 years
of age.

Sec. 2.

Minnesota Statutes 2008, section 260C.209, subdivision 1, is amended to read:

Subdivision 1.

Subjects.

new text begin (a) new text end The responsible social services agency may have
access to the criminal history and history of child and adult maltreatment on the following
individuals:

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

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

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

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

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

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

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

new text begin (b) The responsible social service agency shall request a criminal history and history
of child and adult maltreatment on any noncustodial parent or nonadjudicated parent who
is being assessed for purposes of providing day-to-day care of a child temporarily or
permanently under section 260C.212, subdivision 4, when the parent has never previously
had contact with the child. The social service agency shall submit the results of the
background study to the court with jurisdiction over the child custody matter.
new text end

Sec. 3.

Minnesota Statutes 2009 Supplement, section 260C.212, subdivision 4a,
is amended to read:

Subd. 4a.

Monthly caseworker new text begin and guardian ad litem new text end visits.

(a) Every child in
foster care or on a trial home visit shall be visited by the child's caseworker new text begin , the child's
guardian ad litem, new text end 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. 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
service agency;

new text begin (4) "the child's guardian ad litem" is defined as the person appointed by the court to
protect the interests of the child; new text end and

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 new text begin and guardian ad litem new text end 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 (c) Every child who is returned to the home from which the child was removed,
placed with a relative, or placed with a noncustodial parent, shall be made available to
the child's caseworker and the child's guardian ad litem during a home visit. Failure to
make the child available shall be cause for the caseworker or the guardian ad litem to take
whatever actions are necessary to compel the caregiver or parent to produce the child.
new text end