SF 1063

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 06/02/2021 10:53am

A bill for an act
relating to children; modifying requirements for the responsible social services
agency placing children in qualified residential treatment programs; amending
Minnesota Statutes 2020, sections 245.4885, subdivision 1; 245A.02, by adding
subdivisions; 245A.041, by adding a subdivision; 256.01, subdivision 14b;
256.0112, subdivision 6; 260C.007, subdivisions 26c, 31; 260C.157, subdivision
3; 260C.212, subdivisions 1a, 13; 260C.452; 260C.704; 260C.706; 260C.708;
260C.71; 260C.712; 260C.714; 260D.01; 260D.05; 260D.06, subdivision 2;
260D.07; 260D.08; 260D.14; 260E.36, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 245A.

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

ARTICLE 1

FAMILY FIRST PREVENTION ACT UPDATES

Section 1.

Minnesota Statutes 2020, section 245.4885, subdivision 1, is amended to read:

Subdivision 1.

Admission criteria.

(a) Prior to admission or placement, except in the
case of an emergency, 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 new text begin child's new text end services.

(b) The responsible social services agency shall determine the appropriate level of care
for a child when county-controlled funds are used to pay for the child's services 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 new text begin of a child new text end before the team may recommend whether
to place a child in a qualified residential treatment program as defined in section 260C.007,
subdivision 26d. When a social services agency does not have responsibility for a child's
placement and 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 new text begin for the
child new text end . 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 new text begin for a child new text end , the Indian Health Services or 638 tribal health facility must determine the
appropriate level of care new text begin for the child new text end . When more than one entity bears responsibility for new text begin
a child's new text end coverage, the entities shall coordinate level of care determination activities new text begin for the
child new text end to the extent possible.

(c) The responsible social services agency must make the new text begin child's new text end level of care
determination available to the new text begin child's new text end 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 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
deleted text begin need deleted text end new text begin needs new text end .

(d) When a level of care determination is conducted, the responsible social services
agency or other entity may not determine that a screening new text begin of a child new text end under section 260C.157
or 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 new text begin
of a child new text end that includes a functional assessment which evaluates new text begin the child's new text end 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 new text begin to the child new text end . The validated tool must be approved by the
commissioner of human services new text begin and may be the validated tool approved for the child's
assessment under section 260C.704 if the juvenile treatment screening team recommended
placement of the child in a qualified residential treatment program new text end . 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 deleted text begin or not deleted text end these services are available and accessible
to the child and new text begin the child's new text end 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) 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.

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

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 2020, section 256.01, subdivision 14b, is amended to read:

Subd. 14b.

American Indian child welfare projects.

(a) The commissioner of human
services may authorize projects to initiate tribal delivery of child welfare services to American
Indian children and their parents and custodians living on the reservation. The commissioner
has authority to solicit and determine which tribes may participate in a project. Grants may
be issued to Minnesota Indian tribes to support the projects. The commissioner may waive
existing state rules as needed to accomplish the projects. The commissioner may authorize
projects to use alternative methods of (1) screening, investigating, and assessing reports of
child maltreatment, and (2) administrative reconsideration, administrative appeal, and
judicial appeal of maltreatment determinations, provided the alternative methods used by
the projects comply with the provisions of section 256.045 and chapter 260E that deal with
the rights of individuals who are the subjects of reports or investigations, including notice
and appeal rights and data practices requirements. The commissioner shall only authorize
alternative methods that comply with the public policy under section 260E.01. The
commissioner may seek any federal approval necessary to carry out the projects as well as
seek and use any funds available to the commissioner, including use of federal funds,
foundation funds, existing grant funds, and other funds. The commissioner is authorized to
advance state funds as necessary to operate the projects. Federal reimbursement applicable
to the projects is appropriated to the commissioner for the purposes of the projects. The
projects must be required to address responsibility for safety, permanency, and well-being
of children.

(b) For the purposes of this section, "American Indian child" means a person under 21
years old and who is a tribal member or eligible for membership in one of the tribes chosen
for a project under this subdivision and who is residing on the reservation of that tribe.

(c) In order to qualify for an American Indian child welfare project, a tribe must:

(1) be one of the existing tribes with reservation land in Minnesota;

(2) have a tribal court with jurisdiction over child custody proceedings;

(3) have a substantial number of children for whom determinations of maltreatment have
occurred;

(4)(i) have capacity to respond to reports of abuse and neglect under chapter 260E; or
(ii) have codified the tribe's screening, investigation, and assessment of reports of child
maltreatment procedures, if authorized to use an alternative method by the commissioner
under paragraph (a);

(5) provide a wide range of services to families in need of child welfare services; deleted text begin and
deleted text end

(6) have a tribal-state title IV-E agreement in effect new text begin ; and
new text end

new text begin (7) enter into host tribal contracts pursuant to section 256.0112, subdivision 6 new text end .

(d) Grants awarded under this section may be used for the nonfederal costs of providing
child welfare services to American Indian children on the tribe's reservation, including costs
associated with:

(1) assessment and prevention of child abuse and neglect;

(2) family preservation;

(3) facilitative, supportive, and reunification services;

(4) out-of-home placement for children removed from the home for child protective
purposes; and

(5) other activities and services approved by the commissioner that further the goals of
providing safety, permanency, and well-being of American Indian children.

(e) When a tribe has initiated a project and has been approved by the commissioner to
assume child welfare responsibilities for American Indian children of that tribe under this
section, the affected county social service agency is relieved of responsibility for responding
to reports of abuse and neglect under chapter 260E for those children during the time within
which the tribal project is in effect and funded. The commissioner shall work with tribes
and affected counties to develop procedures for data collection, evaluation, and clarification
of ongoing role and financial responsibilities of the county and tribe for child welfare services
prior to initiation of the project. Children who have not been identified by the tribe as
participating in the project shall remain the responsibility of the county. Nothing in this
section shall alter responsibilities of the county for law enforcement or court services.

(f) Participating tribes may conduct children's mental health screenings under section
245.4874, subdivision 1, paragraph (a), clause (12), for children who are eligible for the
initiative and living on the reservation and who meet one of the following criteria:

(1) the child must be receiving child protective services;

(2) the child must be in foster care; or

(3) the child's parents must have had parental rights suspended or terminated.

Tribes may access reimbursement from available state funds for conducting the screenings.
Nothing in this section shall alter responsibilities of the county for providing services under
section 245.487.

(g) Participating tribes may establish a local child mortality review panel. In establishing
a local child mortality review panel, the tribe agrees to conduct local child mortality reviews
for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes
with established child mortality review panels shall have access to nonpublic data and shall
protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide
written notice to the commissioner and affected counties when a local child mortality review
panel has been established and shall provide data upon request of the commissioner for
purposes of sharing nonpublic data with members of the state child mortality review panel
in connection to an individual case.

(h) The commissioner shall collect information on outcomes relating to child safety,
permanency, and well-being of American Indian children who are served in the projects.
Participating tribes must provide information to the state in a format and completeness
deemed acceptable by the state to meet state and federal reporting requirements.

(i) In consultation with the White Earth Band, the commissioner shall develop and submit
to the chairs and ranking minority members of the legislative committees with jurisdiction
over health and human services a plan to transfer legal responsibility for providing child
protective services to White Earth Band member children residing in Hennepin County to
the White Earth Band. The plan shall include a financing proposal, definitions of key terms,
statutory amendments required, and other provisions required to implement the plan. The
commissioner shall submit the plan by January 15, 2012.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2020, section 256.0112, subdivision 6, is amended to read:

Subd. 6.

Contracting within and across county lines; lead county contracts new text begin ; lead
tribal contracts new text end .

Paragraphs (a) to (e) govern contracting within and across county lines
and lead county contracts. new text begin Paragraphs (a) to (e) govern contracting within and across
reservation boundaries and lead tribal contracts for initiative tribes under section 256.01,
subdivision 14b. For purposes of this subdivision, "local agency" includes a tribe or a county
agency.
new text end

(a) Once a local agency and an approved vendor execute a contract that meets the
requirements of this subdivision, the contract governs all other purchases of service from
the vendor by all other local agencies for the term of the contract. The local agency that
negotiated and entered into the contract becomes the lead new text begin tribe or new text end county for the contract.

(b) When the local agency in the county new text begin or reservation new text end where a vendor is located wants
to purchase services from that vendor and the vendor has no contract with the local agency
or any other new text begin tribe or new text end county, the local agency must negotiate and execute a contract with
the vendor.

(c) When a local agency deleted text begin in one county deleted text end wants to purchase services from a vendor located
in another county new text begin or reservation new text end , it must notify the local agency in the county new text begin or reservation new text end
where the vendor is located. Within 30 days of being notified, the local agency in the vendor's
county new text begin or reservation new text end must:

(1) if it has a contract with the vendor, send a copy to the inquiring new text begin local new text end agency;

(2) if there is a contract with the vendor for which another local agency is the lead new text begin tribe
or new text end county, identify the lead new text begin tribe or new text end county to the inquiring agency; or

(3) if no local agency has a contract with the vendor, inform the inquiring agency whether
it will negotiate a contract and become the lead new text begin tribe or new text end county. If the agency where the
vendor is located will not negotiate a contract with the vendor because of concerns related
to clients' health and safety, the agency must share those concerns with the inquiring new text begin local new text end
agency.

(d) If the local agency in the county where the vendor is located declines to negotiate a
contract with the vendor or fails to respond within 30 days of receiving the notification
under paragraph (c), the inquiring agency is authorized to negotiate a contract and must
notify the local agency that declined or failed to respond.

(e) When the inquiring deleted text begin county deleted text end new text begin local agency new text end under paragraph (d) becomes the lead new text begin tribe
or new text end county for a contract and the contract expires and needs to be renegotiated, that new text begin tribe or
new text end county must again follow the requirements under paragraph (c) and notify the local agency
where the vendor is located. The local agency where the vendor is located has the option
of becoming the lead new text begin tribe or new text end county for the new contract. If the local agency does not
exercise the option, paragraph (d) applies.

(f) This subdivision does not affect the requirement to seek county concurrence under
section 256B.092, subdivision 8a, when the services are to be purchased for a person with
a developmental disability or under section 245.4711, subdivision 3, when the services to
be purchased are for an adult with serious and persistent mental illness.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2020, section 260C.007, subdivision 26c, is amended to read:

Subd. 26c.

Qualified individual.

"Qualified individual" means a trained culturally
competent professional or licensed clinician, including a mental health professional under
section 245.4871, subdivision 27, who is deleted text begin not deleted text end new text begin qualified to conduct the assessment approved
by the commissioner. The qualified individual must not be new text end 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 begin When the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901
to 1963, applies to a child, the county must contact the child's tribe without delay to give
the tribe the option to designate a qualified individual who is a trained culturally competent
professional or licensed clinician, including a mental health professional under section
245.4871, subdivision 27, who is not employed by 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. Only a federal waiver that demonstrates
maintained objectivity may allow a responsible social services agency employee or tribal
employee affiliated with any placement setting in which the responsible social services
agency has placed children to be designated the qualified individual.
new text end

Sec. 5.

Minnesota Statutes 2020, section 260C.007, subdivision 31, is amended to read:

Subd. 31.

Sexually exploited youth.

"Sexually exploited youth" means an individual
who:

(1) is alleged to have engaged in conduct which would, if committed by an adult, violate
any federal, state, or local law relating to being hired, offering to be hired, or agreeing to
be hired by another individual to engage in sexual penetration or sexual conduct;

(2) is a victim of a crime described in section 609.342, 609.343, 609.344, 609.345,
609.3451, 609.3453, 609.352, 617.246, or 617.247;

(3) is a victim of a crime described in United States Code, title 18, section 2260; 2421;
2422; 2423; 2425; 2425A; or 2256; deleted text begin or
deleted text end

(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) is a victim of commercial sexual exploitation as defined in United States Code, title
22, section 7102(11)(A) and (12).
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. 6.

Minnesota Statutes 2020, 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 under this chapter new text begin ,
chapter 260D, new text end and section 245.487, subdivision 3, 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 deleted text begin are deleted text end new text begin have been or are at risk of becoming victims of new text end sex-trafficking deleted text begin victims or are at
risk of becoming sex-trafficking victims deleted text end new text begin or commercial sexual exploitation new text end ; (3) supervised
settings for youth new text begin who are new text end 18 years deleted text begin old deleted text end new text begin of age new text end or older new text begin and new text end 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.

(b) The responsible social services agency shall conduct screenings within 15 days of a
request for a screening, unless the screening is for the purpose of residential treatment and
the child is enrolled in a prepaid health program under section 256B.69, in which case the
agency shall conduct the screening within ten working days of a request. The responsible
social services agency shall convene the new text begin juvenile treatment screening new text end team, which may be
constituted under section 245.4885 or 256B.092 or Minnesota Rules, parts 9530.6600 to
9530.6655. The team shall consist of social workers; persons with expertise in the treatment
of juveniles who are emotionally deleted text begin disabled deleted text end new text begin disturbed new text end , chemically dependent, or have a
developmental disability; and the child's parent, guardian, or permanent legal custodian.
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 new text begin the
child's parents, new text end the child if the child is age 14 or older, deleted text begin the child's parents, deleted text end and, if applicable,
the child's tribe new text begin to obtain recommendations regarding which individuals to include on the
team and new text end to ensure that the team is family-centered and will act in the child's best deleted text begin interest deleted text end
new text begin interests new text end . 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).

(c) If the agency provides notice to tribes under section 260.761, and the child screened
is an Indian child, the responsible social services agency must make a rigorous and concerted
effort to include a designated representative of the Indian child's tribe on the juvenile
treatment screening team, 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.
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.

(d) If the court, prior to, or as part of, a final disposition or other court order, proposes
to place a child 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.

The court shall ascertain whether the child is an Indian child and shall notify the
responsible social services agency and, if the child is an Indian child, shall notify the Indian
child's tribe as paragraph (c) requires.

(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 new text begin the child's
parents and new text end the child if the child is age 14 or older deleted text begin , the child's parents deleted text end 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.

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

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

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

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

(g) 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.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2020, section 260C.212, subdivision 1a, is amended to read:

Subd. 1a.

Out-of-home placement plan update.

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

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

(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 new text begin child's new text end out-of-home placement plan within 60 days. To meet the requirements
of section 260C.708, the agency must file the new text begin child's new text end out-of-home placement plan deleted text begin with the
court as part of the 60-day hearing and deleted text end new text begin along with the agency's report seeking the court's
approval of the child's placement at a qualified residential treatment program under section
260C.71. After the court issues an order, the agency new text end must update the new text begin child's out-of-home
placement new text end plan deleted text begin after the court hearing deleted text end to document the court's approval or disapproval of
the child's placement in a qualified residential treatment program;

(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 new text begin where the child will be placed new text end in the child's out-of-home
placement plan prior to the child's placement. The agency must file the new text begin child's new text end out-of-home
placement plan with the court at the next required review hearing; and

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

(b) When none of the items in paragraph (a) apply, the agency must update the new text begin child's new text end
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 begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2020, section 260C.212, subdivision 13, is amended to read:

Subd. 13.

Protecting missing and runaway children and youth at risk of sex
trafficking new text begin or commercial sexual exploitation new text end .

(a) The local social services agency shall
expeditiously locate any child missing from foster care.

(b) The local social services agency shall report immediately, but no later than 24 hours,
after receiving information on a missing or abducted child to the local law enforcement
agency for entry into the National Crime Information Center (NCIC) database of the Federal
Bureau of Investigation, and to the National Center for Missing and Exploited Children.

(c) The local social services agency shall not discharge a child from foster care or close
the social services case until diligent efforts have been exhausted to locate the child and the
court terminates the agency's jurisdiction.

(d) The local social services agency shall determine the primary factors that contributed
to the child's running away or otherwise being absent from care and, to the extent possible
and appropriate, respond to those factors in current and subsequent placements.

(e) The local social services agency shall determine what the child experienced while
absent from care, including screening the child to determine if the child is a possible sex
trafficking new text begin or commercial sexual exploitation new text end victim as defined in section deleted text begin 609.321,
subdivision 7b deleted text end new text begin 260C.007, subdivision 31 new text end .

(f) The local social services agency shall report immediately, but no later than 24 hours,
to the local law enforcement agency any reasonable cause to believe a child is, or is at risk
of being, a sex trafficking new text begin or commercial sexual exploitation new text end victim.

(g) The local social services agency shall determine appropriate services as described
in section 145.4717 with respect to any child for whom the local social services agency has
responsibility for placement, care, or supervision when the local social services agency has
reasonable cause to believe new text begin that new text end the child is, or is at risk of being, a sex trafficking new text begin or
commercial sexual exploitation new text end victim.

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2020, section 260C.452, is amended to read:

260C.452 SUCCESSFUL TRANSITION TO ADULTHOOD.

Subdivision 1.

Scope new text begin and purpose new text end .

new text begin (a) For purposes of this section, "youth" means a
person who is at least 14 years of age and under 23 years of age.
new text end

new text begin (b) new text end This section pertains to a deleted text begin child deleted text end new text begin youth new text end who new text begin :
new text end

new text begin (1) new text end is new text begin in foster care and is 14 years of age or older, including a youth who is new text end under the
guardianship of the commissioner of human services deleted text begin , or who deleted text end new text begin ;
new text end

new text begin (2) new text end has a permanency disposition of permanent custody to the agency deleted text begin , or who deleted text end new text begin ;
new text end

new text begin (3) new text end will leave foster care deleted text begin at 18 to 21 years of age. deleted text end new text begin when the youth is 18 years of age or
older and under 21 years of age;
new text end

new text begin (4) has left foster care and was placed at a permanent adoptive placement when the youth
was 16 years of age or older;
new text end

new text begin (5) is 16 years of age or older, has left foster care, and was placed with a relative to
whom permanent legal and physical custody of the youth has been transferred; or
new text end

new text begin (6) was reunified with the youth's primary caretaker when the youth was 14 years of age
or older and under 18 years of age.
new text end

new text begin (c) The purpose of this section is to provide support to each youth who is transitioning
to adulthood by providing services to the youth in the areas of:
new text end

new text begin (1) education;
new text end

new text begin (2) employment;
new text end

new text begin (3) daily living skills such as financial literacy training and driving instruction; preventive
health activities including promoting abstinence from substance use and smoking; and
nutrition education and pregnancy prevention;
new text end

new text begin (4) forming meaningful, permanent connections with caring adults;
new text end

new text begin (5) engaging in age and developmentally appropriate activities under section 260C.212,
subdivision 14, and positive youth development;
new text end

new text begin (6) financial, housing, counseling, and other services to assist a youth over 18 years of
age in achieving self-sufficiency and accepting personal responsibility for the transition
from adolescence to adulthood; and
new text end

new text begin (7) making vouchers available for education and training.
new text end

new text begin (d) The responsible social services agency may provide support and case management
services to a youth as defined in paragraph (a) until the youth reaches the age of 23 years.
According to section 260C.451, a youth's placement in a foster care setting will end when
the youth reaches the age of 21 years.
new text end

new text begin Subd. 1a. new text end

new text begin Case management services. new text end

new text begin Case management services include the
responsibility for planning, coordinating, authorizing, monitoring, and evaluating services
for a youth and shall be provided to a youth by the responsible social services agency or
the contracted agency. Case management services include the out-of-home placement plan
under section 260C.212, subdivision 1, when the youth is in out-of-home placement.
new text end

Subd. 2.

Independent living plan.

When the deleted text begin child deleted text end new text begin youth new text end is 14 years of age or older new text begin and
is receiving support from the responsible social services agency under this section new text end , the
responsible social services agency, in consultation with the deleted text begin child deleted text end new text begin youth new text end , shall complete the new text begin
youth's new text end independent living plan according to section 260C.212, subdivision 1, paragraph
(c), clause (12) new text begin , regardless of the youth's current placement status new text end .

deleted text begin Subd. 3. deleted text end

deleted text begin Notification. deleted text end

deleted text begin Six months before the child is expected to be discharged from
foster care, the responsible social services agency shall provide written notice to the child
regarding the right to continued access to services for certain children in foster care past 18
years of age and of the right to appeal a denial of social services under section 256.045.
deleted text end

Subd. 4.

Administrative or court review of placements.

(a) When the deleted text begin child deleted text end new text begin youth new text end is
14 years of age or older, the court, in consultation with the deleted text begin child deleted text end new text begin youth new text end , shall review the new text begin
youth's new text end independent living plan according to section 260C.203, paragraph (d).

(b) The responsible social services agency shall file a copy of the notification deleted text begin required
in subdivision 3 deleted text end new text begin of foster care benefits for a youth who is 18 years of age or older according
to section 260C.451, subdivision 1, new text end with the court. If the responsible social services agency
does not file the notice by the time the deleted text begin child deleted text end new text begin youth new text end is 17-1/2 years of age, the court shall
require the responsible social services agency to file the notice.

(c) new text begin When a youth is 18 years of age or older, new text end the court shall ensure that the responsible
social services agency assists the deleted text begin child deleted text end new text begin youth new text end in obtaining the following documents before
the deleted text begin child deleted text end new text begin youth new text end leaves foster care: a Social Security card; an official or certified copy of the
deleted text begin child's deleted text end new text begin youth's new text end birth certificate; a state identification card or driver's license, tribal enrollment
identification card, green card, or school visa; health insurance information; the deleted text begin child's deleted text end new text begin
youth's new text end school, medical, and dental records; a contact list of the deleted text begin child's deleted text end new text begin youth's new text end medical,
dental, and mental health providers; and contact information for the deleted text begin child's deleted text end new text begin youth's new text end siblings,
if the siblings are in foster care.

(d) For a deleted text begin child deleted text end new text begin youth new text end who will be discharged from foster care at 18 years of age or older
new text begin because the youth is not eligible for extended foster care benefits or chooses to leave foster
care new text end , the responsible social services agency must develop a personalized transition plan as
directed by the deleted text begin child deleted text end new text begin youth new text end during the 90-day period immediately prior to the expected date
of discharge. The transition plan must be as detailed as the deleted text begin child deleted text end new text begin youth new text end elects and include
specific options, including but not limited to:

(1) affordable housing with necessary supports that does not include a homeless shelter;

(2) health insurance, including eligibility for medical assistance as defined in section
256B.055, subdivision 17;

(3) education, including application to the Education and Training Voucher Program;

(4) local opportunities for mentors and continuing support services deleted text begin , including the Healthy
Transitions and Homeless Prevention program, if available deleted text end ;

(5) workforce supports and employment services;

(6) a copy of the deleted text begin child's deleted text end new text begin youth's new text end consumer credit report as defined in section 13C.001
and assistance in interpreting and resolving any inaccuracies in the report, at no cost to the
deleted text begin child deleted text end new text begin youth new text end ;

(7) information on executing a health care directive under chapter 145C and on the
importance of designating another individual to make health care decisions on behalf of the
deleted text begin child deleted text end new text begin youth new text end if the deleted text begin child deleted text end new text begin youth new text end becomes unable to participate in decisions;

(8) appropriate contact information through 21 years of age if the deleted text begin child deleted text end new text begin youth new text end needs
information or help dealing with a crisis situation; and

(9) official documentation that the youth was previously in foster care.

Subd. 5.

Notice of termination of deleted text begin foster care deleted text end new text begin social services new text end .

(a) deleted text begin When deleted text end new text begin Before new text end a deleted text begin child deleted text end new text begin
youth who is 18 years of age or older new text end leaves foster care deleted text begin at 18 years of age or older deleted text end , the
responsible social services agency shall give the deleted text begin child deleted text end new text begin youth new text end written notice that foster care
shall terminate 30 days from the date new text begin that new text end the notice is sent new text begin by the agency according to
section 260C.451, subdivision 8 new text end .

deleted text begin (b) The child or the child's guardian ad litem may file a motion asking the court to review
the responsible social services agency's determination within 15 days of receiving the notice.
The child shall not be discharged from foster care until the motion is heard. The responsible
social services agency shall work with the child to transition out of foster care.
deleted text end

deleted text begin (c) The written notice of termination of benefits shall be on a form prescribed by the
commissioner and shall give notice of the right to have the responsible social services
agency's determination reviewed by the court under this section or sections 260C.203,
260C.317, and 260C.515, subdivision 5 or 6. A copy of the termination notice shall be sent
to the child and the child's attorney, if any, the foster care provider, the child's guardian ad
litem, and the court. The responsible social services agency is not responsible for paying
foster care benefits for any period of time after the child leaves foster care.
deleted text end

new text begin (b) Before case management services will end for a youth who is at least 18 years of
age and under 23 years of age, the responsible social services agency shall give the youth:
(1) written notice that case management services for the youth shall terminate; and (2)
written notice that the youth has the right to appeal the termination of case management
services under section 256.045, subdivision 3, by responding in writing within ten days of
the date that the agency mailed the notice. The termination notice must include information
about services for which the youth is eligible and how to access the services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 10.

Minnesota Statutes 2020, section 260C.704, is amended to read:

260C.704 REQUIREMENTS FOR THE QUALIFIED INDIVIDUAL'S
ASSESSMENT OF THE CHILD FOR PLACEMENT IN A QUALIFIED
RESIDENTIAL TREATMENT PROGRAM.

(a) A qualified individual must complete an assessment of the child prior to deleted text begin or within deleted text end
deleted text begin 30 days of deleted text end the child's placement in a qualified residential treatment program in a format
approved by the commissioner of human services deleted text begin , and deleted text end new text begin unless, due to a crisis, the child must
immediately be placed in a qualified residential treatment program. When a child must
immediately be placed in a qualified residential treatment program without an assessment,
the qualified individual must complete the child's assessment within 30 days of the child's
placement. The qualified individual new text end must:

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

(2) determine whether the child's needs can 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;

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

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

(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.

(c) The qualified individual must provide the assessment, when complete, to the
responsible social services agency deleted text begin , the child's parents or legal guardians, the guardian ad
litem, and the court deleted text end new text begin . If the assessment recommends placement of the child in a qualified
residential treatment facility, the agency must distribute the assessment to the child's parent
or legal guardian and file the assessment with the court report new text end as required in section 260C.71 new text begin ,
subdivision 2. If the assessment does not recommend placement in a qualified residential
treatment facility, the agency must provide a copy of the assessment to the parents or legal
guardians and the guardian ad litem and file the assessment determination with the court at
the next required hearing as required in section 260C.71, subdivision 5 new text end . 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.

(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.

(e) In the assessment determination, the qualified individual must specify in writing:

(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;

(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

(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.

(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 begin If the responsible social services
agency has placement authority of the child, the agency must make a plan for the child's
placement according to section 260C.212, subdivision 2. The agency must file the child's
assessment determination with the court at the next required hearing.
new text end

new text begin (g) If the qualified individual recommends placing the child in a qualified residential
treatment program and if the responsible social services agency has placement authority of
the child, the agency shall make referrals to appropriate qualified residential treatment
programs and upon acceptance by an appropriate program, place the child in an approved
or certified 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. 11.

Minnesota Statutes 2020, section 260C.706, is amended to read:

260C.706 FAMILY AND PERMANENCY TEAM REQUIREMENTS.

(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.

(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 deleted text begin 26c deleted text end new text begin 26b new text end 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.

(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 deleted text begin endanger deleted text end new text begin present a safety or health risk to new text end the parent, guardian,
child, sibling, or any other family member.

(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.

(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.

(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.

(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).

(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.

(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.

(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.

(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.

(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:

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

(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;

(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

(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.

(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 begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2020, section 260C.708, is amended to read:

260C.708 OUT-OF-HOME PLACEMENT PLAN FOR QUALIFIED
RESIDENTIAL TREATMENT PROGRAM PLACEMENTS.

(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:

(1) the case plan requirements in section deleted text begin 260.212, subdivision 1 deleted text end new text begin 260C.212 new text end ;

(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;

(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;

(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 begin (5) evidence that the family and permanency team is involved in the assessment required
under section 260C.704 to determine the appropriateness of the child's placement in a
qualified residential treatment program;
new text end

new text begin (6) the family and permanency team's placement preferences for the child in the
assessment required under section 260C.704. When making a decision about the child's
placement preferences, the family and permanency team must recognize:
new text end

new text begin (i) that the agency should place a child with the child's siblings unless a court finds that
placing a child with the child's siblings is not possible due to a child's specialized placement
needs or is otherwise contrary to the child's best interests; and
new text end

new text begin (ii) that the agency should place an Indian child according to the requirements of the
Indian Child Welfare Act, the Minnesota Family Preservation Act under sections 260.751
to 260.835, and section 260C.193, subdivision 3, paragraph (g);
new text end

deleted text begin (5) deleted text end new text begin (7) new text end 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;

deleted text begin (6) deleted text end new text begin (8) new text end 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;

deleted text begin (7) deleted text end new text begin (9) new text end 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

deleted text begin (8) deleted text end new text begin (10) new text end 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.

(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.

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 13.

Minnesota Statutes 2020, section 260C.71, is amended to read:

260C.71 COURT APPROVAL REQUIREMENTS.

new text begin Subdivision 1. new text end

new text begin Judicial review. new text end

new text begin When the responsible social services agency has legal
authority to place a child at a qualified residential treatment facility under section 260C.007,
subdivision 21a, and the child's assessment under section 260C.704 recommends placing
the child in a qualified residential treatment facility, the agency shall place the child at a
qualified residential facility. Within 60 days of placing the child at a qualified residential
treatment facility, the agency must obtain a court order finding that the child's placement
is appropriate and meets the child's individualized needs.
new text end

new text begin Subd. 2. new text end

new text begin Qualified residential treatment program; agency report to court. new text end

new text begin (a) The
responsible social services agency shall file a written report with the court after receiving
the qualified individual's assessment as specified in section 260C.704 prior to the child's
placement or within 35 days of the date of the child's placement in a qualified residential
treatment facility. The written report shall contain or have attached:
new text end

new text begin (1) the child's name, date of birth, race, gender, and current address;
new text end

new text begin (2) the names, races, dates of birth, residence, and post office address of the child's
parents or legal custodian, or guardian;
new text end

new text begin (3) the name and address of the qualified residential treatment program, including a
chief administrator of the facility;
new text end

new text begin (4) a statement of the facts that necessitated the child's foster care placement;
new text end

new text begin (5) the child's out-of-home placement plan under section 260C.212, subdivision 1,
including the requirements in section 260C.708;
new text end

new text begin (6) if the child is placed in an out-of-state qualified residential treatment program, the
compelling reasons why the child's needs cannot be met by an in-state placement;
new text end

new text begin (7) the qualified individual's assessment of the child under section 260C.704, paragraph
(c), in a format approved by the commissioner;
new text end

new text begin (8) if, at the time required for the report under this subdivision, the child's parent or legal
guardian, a child who is ten years of age or older, the family and permanency team, or a
tribe disagrees with the recommended qualified residential treatment program placement,
the agency shall include information regarding the disagreement, and to the extent possible,
the basis for the disagreement in the report;
new text end

new text begin (9) any other information that the responsible social services agency, child's parent, legal
custodian or guardian, child, or in the case of an Indian child, tribe would like the court to
consider; and
new text end

new text begin (10) the agency shall file the written report with the court and serve on the parties a
request for a hearing or a court order without a hearing.
new text end

new text begin (b) The agency must inform the child's parent or legal guardian and a child who is ten
years of age or older of the court review requirements of this section and the child and child's
parent's or legal guardian's right to submit information to the court:
new text end

new text begin (1) the agency must inform the child's parent or legal guardian and a child who is ten
years of age or older of the reporting date and the date by which the agency must receive
information from the child and child's parent so that the agency is able to submit the report
required by this subdivision to the court;
new text end

new text begin (2) the agency must inform the child's parent or legal guardian, and a child who is ten
years of age or older that the court will hold a hearing upon the request of the child or the
child's parent; and
new text end

new text begin (3) the agency must inform the child's parent or legal guardian, and a child who is ten
years of age or older that they have the right to request a hearing and the right to present
information to the court for the court's review under this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Court hearing. new text end

new text begin (a) The court shall hold a hearing when a party or a child who
is ten years of age or older requests a hearing.
new text end

new text begin (b) In all other circumstances, the court has the discretion to hold a hearing or issue an
order without a hearing.
new text end

new text begin Subd. 4. new text end

new text begin Court findings and order. new text end

(a) Within 60 days from the beginning of each
placement in a qualified residential treatment program new text begin when the qualified individual's
assessment of the child recommends placing the child in a qualified residential treatment
program new text end , the court must new text begin consider the qualified individual's assessment of the child under
section 260C.704 and issue an order to new text end :

deleted 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;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end 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

deleted text begin (3) deleted text end new text begin (2) new text end approve or disapprove of the child's placement.

(b) deleted text begin 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. deleted text end new text begin If the court disapproves
of the child's placement in a qualified residential treatment program, the responsible social
services agency shall: (1) remove the child from the qualified residential treatment program
within 30 days of the court's order; and (2) make a plan for the child's placement that is
consistent with the child's best interests under section 260C.212, subdivision 2.
new text end

new text begin Subd. 5. new text end

new text begin Court review and approval is not required. new text end

new text begin When the responsible social
services agency has legal authority to place a child under section 260C.007, subdivision
21a, and the qualified individual's assessment of the child does not recommend placing the
child in a qualified residential treatment program, the court is not required to hold a hearing
and the court is not required to issue an order. Pursuant to section 260C.704, paragraph (f),
the responsible social services agency shall make a plan for the child's placement consistent
with the child's best interests under section 260C.212, subdivision 2. The agency must file
the agency's assessment determination for the child with the court at the next required
hearing.
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. 14.

Minnesota Statutes 2020, section 260C.712, is amended to read:

260C.712 ONGOING REVIEWS AND PERMANENCY HEARING
REQUIREMENTS.

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, deleted text begin and deleted text end 260C.204 new text begin ,
260D.06, 260D.07, and 260D.08 new text end ; and each permanency hearing under section 260C.515,
260C.519, deleted text begin or deleted text end 260C.521, new text begin or 260D.07 new text end that:

(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;

(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;

(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;

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

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

(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 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) if the child is placed in a qualified residential treatment program out-of-state, the
compelling reasons for placing the child out-of-state and the reasons that the child's needs
cannot be met by an in-state 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. 15.

Minnesota Statutes 2020, section 260C.714, is amended to read:

260C.714 REVIEW OF EXTENDED QUALIFIED RESIDENTIAL TREATMENT
PROGRAM PLACEMENTS.

(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 deleted text begin , paragraph (b) deleted text end .

(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 begin EFFECTIVE DATE. new text end

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

Sec. 16.

Minnesota Statutes 2020, section 260E.36, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Sex trafficking and sexual exploitation training requirement. new text end

new text begin As required
by the Child Abuse Prevention and Treatment Act amendments through Public Law 114-22
and to implement Public Law 115-123, all child protection social workers and social services
staff who have responsibility for child protective duties under this chapter or chapter 260C
shall complete training implemented by the commissioner of human services regarding sex
trafficking and sexual exploitation of children and youth.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

ARTICLE 2

FAMILY FIRST PREVENTION ACT CHAPTER 260D PROVISIONS

Section 1.

Minnesota Statutes 2020, section 260D.01, is amended to read:

260D.01 CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.

(a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for
treatment" provisions of the Juvenile Court Act.

(b) The juvenile court has original and exclusive jurisdiction over a child in voluntary
foster care for treatment upon the filing of a report or petition required under this chapter.
All obligations of the new text begin responsible social services new text end agency to a child and family in foster care
contained in chapter 260C not inconsistent with this chapter are also obligations of the
agency with regard to a child in foster care for treatment under this chapter.

(c) This chapter shall be construed consistently with the mission of the children's mental
health service system as set out in section 245.487, subdivision 3, and the duties of an agency
under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016,
to meet the needs of a child with a developmental disability or related condition. This
chapter:

(1) establishes voluntary foster care through a voluntary foster care agreement as the
means for an agency and a parent to provide needed treatment when the child must be in
foster care to receive necessary treatment for an emotional disturbance or developmental
disability or related condition;

(2) establishes court review requirements for a child in voluntary foster care for treatment
due to emotional disturbance or developmental disability or a related condition;

(3) establishes the ongoing responsibility of the parent as legal custodian to visit the
child, to plan together with the agency for the child's treatment needs, to be available and
accessible to the agency to make treatment decisions, and to obtain necessary medical,
dental, and other care for the child; deleted text begin and
deleted text end

(4) applies to voluntary foster care when the child's parent and the agency agree that the
child's treatment needs require foster care either:

(i) due to a level of care determination by the agency's screening team informed by the new text begin
child's new text end diagnostic and functional assessment under section 245.4885; or

(ii) due to a determination regarding the level of services needed by new text begin the child by new text end the
responsible social deleted text begin services' deleted text end new text begin services agency's new text end screening team under section 256B.092, and
Minnesota Rules, parts 9525.0004 to 9525.0016 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) includes the requirements for a child's placement in sections 260C.70 to 260C.714,
when the juvenile treatment screening team recommends placing a child in a qualified
residential treatment program.
new text end

(d) This chapter does not apply when there is a current determination under chapter
260E that the child requires child protective services or when the child is in foster care for
any reason other than treatment for the child's emotional disturbance or developmental
disability or related condition. When there is a determination under chapter 260E that the
child requires child protective services based on an assessment that there are safety and risk
issues for the child that have not been mitigated through the parent's engagement in services
or otherwise, or when the child is in foster care for any reason other than the child's emotional
disturbance or developmental disability or related condition, the provisions of chapter 260C
apply.

(e) The paramount consideration in all proceedings concerning a child in voluntary foster
care for treatment is the safety, health, and the best interests of the child. The purpose of
this chapter is:

(1) to ensure new text begin that new text end a child with a disability is provided the services necessary to treat or
ameliorate the symptoms of the child's disability;

(2) to preserve and strengthen the child's family ties whenever possible and in the child's
best interests, approving the child's placement away from the child's parents only when the
child's need for care or treatment requires deleted text begin it deleted text end new text begin out-of-home placement new text end and the child cannot
be maintained in the home of the parent; and

(3) to ensure new text begin that new text end the child's parent retains legal custody of the child and associated
decision-making authority unless the child's parent willfully fails or is unable to make
decisions that meet the child's safety, health, and best interests. The court may not find that
the parent willfully fails or is unable to make decisions that meet the child's needs solely
because the parent disagrees with the agency's choice of foster care facility, unless the
agency files a petition under chapter 260C, and establishes by clear and convincing evidence
that the child is in need of protection or services.

(f) The legal parent-child relationship shall be supported under this chapter by maintaining
the parent's legal authority and responsibility for ongoing planning for the child and by the
agency's assisting the parent, deleted text begin where deleted text end new text begin when new text end necessary, to exercise the parent's ongoing right
and obligation to visit or to have reasonable contact with the child. Ongoing planning means:

(1) actively participating in the planning and provision of educational services, medical,
and dental care for the child;

(2) actively planning and participating with the agency and the foster care facility for
the child's treatment needs; deleted text begin and
deleted text end

(3) planning to meet the child's need for safety, stability, and permanency, and the child's
need to stay connected to the child's family and community deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) engaging with the responsible social services agency to ensure that the family and
permanency team under section 260C.706 consists of appropriate family members. For
purposes of voluntary placement of a child in foster care for treatment under chapter 260D,
prior to forming the child's family and permanency team, the responsible social services
agency must consult with the child's parents and the child if the child is 14 years of age or
older, and if applicable, the child's tribe to obtain recommendations regarding which
individuals to include on the team and to ensure that the team is family-centered and will
act in the child's best interests. If the child or the child's parent or legal guardian raises
concerns about specific relatives or professionals, the team should not include those
individuals on the team unless the individual is a treating professional or an important
connection to the youth as outlined in the case or crisis plan.
new text end

(g) The provisions of section 260.012 to ensure placement prevention, family
reunification, and all active and reasonable effort requirements of that section apply. This
chapter shall be construed consistently with the requirements of the Indian Child Welfare
Act of 1978, United States Code, title 25, section 1901, et al., and the provisions of the
Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

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 2020, section 260D.05, is amended to read:

260D.05 ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY FOSTER
CARE FOR TREATMENT.

The administrative reviews required under section 260C.203 must be conducted for a
child in voluntary foster care for treatment, except that the initial administrative review
must take place prior to the submission of the report to the court required under section
260D.06, subdivision 2. 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

Sec. 3.

Minnesota Statutes 2020, section 260D.06, subdivision 2, is amended to read:

Subd. 2.

Agency report to court; court review.

The agency shall obtain judicial review
by reporting to the court according to the following procedures:

(a) A written report shall be forwarded to the court within 165 days of the date of the
voluntary placement agreement. The written report shall contain or have attached:

(1) a statement of facts that necessitate the child's foster care placement;

(2) the child's name, date of birth, race, gender, and current address;

(3) the names, race, date of birth, residence, and post office addresses of the child's
parents or legal custodian;

(4) a statement regarding the child's eligibility for membership or enrollment in an Indian
tribe and the agency's compliance with applicable provisions of sections 260.751 to 260.835;

(5) the names and addresses of the foster parents or chief administrator of the facility in
which the child is placed, if the child is not in a family foster home or group home;

(6) a copy of the out-of-home placement plan required under section 260C.212,
subdivision 1;

(7) a written summary of the proceedings of any administrative review required under
section 260C.203; deleted text begin and
deleted text end

(8) new text begin evidence as specified in section 260C.712 when a child is placed in a qualified
residential treatment program as defined in section 260C.007, subdivision 26d; and
new text end

new text begin (9) new text end any other information the agency, parent or legal custodian, the child or the foster
parent, or other residential facility wants the court to consider.

(b) In the case of a child in placement due to emotional disturbance, the written report
shall include as an attachment, the child's individual treatment plan developed by the child's
treatment professional, as provided in section 245.4871, subdivision 21, or the child's
standard written plan, as provided in section 125A.023, subdivision 3, paragraph (e).

(c) In the case of a child in placement due to developmental disability or a related
condition, the written report shall include as an attachment, the child's individual service
plan, as provided in section 256B.092, subdivision 1b; the child's individual program plan,
as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan;
or the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph
(e).

(d) The agency must inform the child, age 12 or older, the child's parent, and the foster
parent or foster care facility of the reporting and court review requirements of this section
and of their right to submit information to the court:

(1) if the child or the child's parent or the foster care provider wants to send information
to the court, the agency shall advise those persons of the reporting date and the date by
which the agency must receive the information they want forwarded to the court so the
agency is timely able submit it with the agency's report required under this subdivision;

(2) the agency must also inform the child, age 12 or older, the child's parent, and the
foster care facility that they have the right to be heard in person by the court and how to
exercise that right;

(3) the agency must also inform the child, age 12 or older, the child's parent, and the
foster care provider that an in-court hearing will be held if requested by the child, the parent,
or the foster care provider; and

(4) if, at the time required for the report under this section, a child, age 12 or older,
disagrees about the foster care facility or services provided under the out-of-home placement
plan required under section 260C.212, subdivision 1, the agency shall include information
regarding the child's disagreement, and to the extent possible, the basis for the child's
disagreement in the report required under this section.

(e) After receiving the required report, the court has jurisdiction to make the following
determinations and must do so within ten days of receiving the forwarded report, whether
a hearing is requested:

(1) whether the voluntary foster care arrangement is in the child's best interests;

(2) whether the parent and agency are appropriately planning for the child; and

(3) in the case of a child age 12 or older, who disagrees with the foster care facility or
services provided under the out-of-home placement plan, whether it is appropriate to appoint
counsel and a guardian ad litem for the child using standards and procedures under section
260C.163.

(f) Unless requested by a parent, representative of the foster care facility, or the child,
no in-court hearing is required in order for the court to make findings and issue an order as
required in paragraph (e).

(g) If the court finds the voluntary foster care arrangement is in the child's best interests
and that the agency and parent are appropriately planning for the child, the court shall issue
an order containing explicit, individualized findings to support its determination. The
individualized findings shall be based on the agency's written report and other materials
submitted to the court. The court may make this determination notwithstanding the child's
disagreement, if any, reported under paragraph (d).

(h) The court shall send a copy of the order to the county attorney, the agency, parent,
child, age 12 or older, and the foster parent or foster care facility.

(i) The court shall also send the parent, the child, age 12 or older, the foster parent, or
representative of the foster care facility notice of the permanency review hearing required
under section 260D.07, paragraph (e).

(j) If the court finds continuing the voluntary foster care arrangement is not in the child's
best interests or that the agency or the parent are not appropriately planning for the child,
the court shall notify the agency, the parent, the foster parent or foster care facility, the child,
age 12 or older, and the county attorney of the court's determinations and the basis for the
court's determinations. In this case, the court shall set the matter for hearing and appoint a
guardian ad litem for the child under section 260C.163, subdivision 5.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2020, section 260D.07, is amended to read:

260D.07 REQUIRED PERMANENCY REVIEW HEARING.

(a) When the court has found that the voluntary arrangement is in the child's best interests
and that the agency and parent are appropriately planning for the child pursuant to the report
submitted under section 260D.06, and the child continues in voluntary foster care as defined
in section 260D.02, subdivision 10, for 13 months from the date of the voluntary foster care
agreement, or has been in placement for 15 of the last 22 months, the agency must:

(1) terminate the voluntary foster care agreement and return the child home; or

(2) determine whether there are compelling reasons to continue the voluntary foster care
arrangement and, if the agency determines there are compelling reasons, seek judicial
approval of its determination; or

(3) file a petition for the termination of parental rights.

(b) When the agency is asking for the court's approval of its determination that there are
compelling reasons to continue the child in the voluntary foster care arrangement, the agency
shall file a "Petition for Permanency Review Regarding a Child in Voluntary Foster Care
for Treatment" and ask the court to proceed under this section.

(c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster Care
for Treatment" shall be drafted or approved by the county attorney and be under oath. The
petition shall include:

(1) the date of the voluntary placement agreement;

(2) whether the petition is due to the child's developmental disability or emotional
disturbance;

(3) the plan for the ongoing care of the child and the parent's participation in the plan;

(4) a description of the parent's visitation and contact with the child;

(5) the date of the court finding that the foster care placement was in the best interests
of the child, if required under section 260D.06, or the date the agency filed the motion under
section 260D.09, paragraph (b);

(6) the agency's reasonable efforts to finalize the permanent plan for the child, including
returning the child to the care of the child's family; deleted text begin and
deleted text end

(7) a citation to this chapter as the basis for the petition deleted text begin . deleted text end new text begin ; and
new text end

new text begin (8) evidence as specified in section 260C.712 when a child is placed in a qualified
residential treatment program as defined in section 260C.007, subdivision 26d.
new text end

(d) An updated copy of the out-of-home placement plan required under section 260C.212,
subdivision 1, shall be filed with the petition.

(e) The court shall set the date for the permanency review hearing no later than 14 months
after the child has been in placement or within 30 days of the petition filing date when the
child has been in placement 15 of the last 22 months. The court shall serve the petition
together with a notice of hearing by United States mail on the parent, the child age 12 or
older, the child's guardian ad litem, if one has been appointed, the agency, the county
attorney, and counsel for any party.

(f) The court shall conduct the permanency review hearing on the petition no later than
14 months after the date of the voluntary placement agreement, within 30 days of the filing
of the petition when the child has been in placement 15 of the last 22 months, or within 15
days of a motion to terminate jurisdiction and to dismiss an order for foster care under
chapter 260C, as provided in section 260D.09, paragraph (b).

(g) At the permanency review hearing, the court shall:

(1) inquire of the parent if the parent has reviewed the "Petition for Permanency Review
Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is accurate,
and whether the parent agrees to the continued voluntary foster care arrangement as being
in the child's best interests;

(2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts to
finalize the permanent plan for the child, including whether there are services available and
accessible to the parent that might allow the child to safely be with the child's family;

(3) inquire of the parent if the parent consents to the court entering an order that:

(i) approves the responsible agency's reasonable efforts to finalize the permanent plan
for the child, which includes ongoing future planning for the safety, health, and best interests
of the child; and

(ii) approves the responsible agency's determination that there are compelling reasons
why the continued voluntary foster care arrangement is in the child's best interests; and

(4) inquire of the child's guardian ad litem and any other party whether the guardian or
the party agrees that:

(i) the court should approve the responsible agency's reasonable efforts to finalize the
permanent plan for the child, which includes ongoing and future planning for the safety,
health, and best interests of the child; and

(ii) the court should approve of the responsible agency's determination that there are
compelling reasons why the continued voluntary foster care arrangement is in the child's
best interests.

(h) At a permanency review hearing under this section, the court may take the following
actions based on the contents of the sworn petition and the consent of the parent:

(1) approve the agency's compelling reasons that the voluntary foster care arrangement
is in the best interests of the child; and

(2) find that the agency has made reasonable efforts to finalize the permanent plan for
the child.

(i) A child, age 12 or older, may object to the agency's request that the court approve its
compelling reasons for the continued voluntary arrangement and may be heard on the reasons
for the objection. Notwithstanding the child's objection, the court may approve the agency's
compelling reasons and the voluntary arrangement.

(j) If the court does not approve the voluntary arrangement after hearing from the child
or the child's guardian ad litem, the court shall dismiss the petition. In this case, either:

(1) the child must be returned to the care of the parent; or

(2) the agency must file a petition under section 260C.141, asking for appropriate relief
under sections 260C.301 or 260C.503 to 260C.521.

(k) When the court approves the agency's compelling reasons for the child to continue
in voluntary foster care for treatment, and finds that the agency has made reasonable efforts
to finalize a permanent plan for the child, the court shall approve the continued voluntary
foster care arrangement, and continue the matter under the court's jurisdiction for the purposes
of reviewing the child's placement every 12 months while the child is in foster care.

(l) A finding that the court approves the continued voluntary placement means the agency
has continued legal authority to place the child while a voluntary placement agreement
remains in effect. The parent or the agency may terminate a voluntary agreement as provided
in section 260D.10. Termination of a voluntary foster care placement of an Indian child is
governed by section 260.765, subdivision 4.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2020, section 260D.08, is amended to read:

260D.08 ANNUAL REVIEW.

(a) After the court conducts a permanency review hearing under section 260D.07, the
matter must be returned to the court for further review of the responsible social services
reasonable efforts to finalize the permanent plan for the child and the child's foster care
placement at least every 12 months while the child is in foster care. The court shall give
notice to the parent and child, age 12 or older, and the foster parents of the continued review
requirements under this section at the permanency review hearing.

(b) Every 12 months, the court shall determine whether the agency made reasonable
efforts to finalize the permanency plan for the child, which means the exercise of due
diligence by the agency to:

(1) ensure that the agreement for voluntary foster care is the most appropriate legal
arrangement to meet the child's safety, health, and best interests and to conduct a genuine
examination of whether there is another permanency disposition order under chapter 260C,
including returning the child home, that would better serve the child's need for a stable and
permanent home;

(2) engage and support the parent in continued involvement in planning and decision
making for the needs of the child;

(3) strengthen the child's ties to the parent, relatives, and community;

(4) implement the out-of-home placement plan required under section 260C.212,
subdivision 1, and ensure that the plan requires the provision of appropriate services to
address the physical health, mental health, and educational needs of the child; deleted text begin and
deleted text end

new text begin (5) submit evidence to the court as specified in section 260C.712 when a child is placed
in a qualified residential treatment program setting as defined in section 260C.007,
subdivision 26d; and
new text end

deleted text begin (5) deleted text end new text begin (6) new text end ensure appropriate planning for the child's safe, permanent, and independent
living arrangement after the child's 18th birthday.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2020, section 260D.14, is amended to read:

260D.14 SUCCESSFUL TRANSITION TO ADULTHOOD FOR deleted text begin CHILDREN deleted text end new text begin
YOUTH new text end IN VOLUNTARY PLACEMENT.

Subdivision 1.

Case planning.

When deleted text begin the child deleted text end new text begin a youth new text end is 14 years of age or older, the
responsible social services agency shall ensure new text begin that new text end a deleted text begin child deleted text end new text begin youth new text end in foster care under this
chapter is provided with the case plan requirements in section 260C.212, subdivisions 1
and 14.

Subd. 2.

Notification.

The responsible social services agency shall provide new text begin a youth with new text end
written notice of deleted text begin the right to continued access to services for certain children in foster care
past 18 years of age under section 260C.452, subdivision 3 deleted text end new text begin foster care benefits that a youth
who is 18 years of age or older may continue to receive according to section 260C.451,
subdivision 1 new text end , and of the right to appeal a denial of social services under section 256.045.
The notice must be provided to the deleted text begin child deleted text end new text begin youth new text end six months before the deleted text begin child's deleted text end new text begin youth's new text end 18th
birthday.

Subd. 3.

Administrative or court reviews.

When deleted text begin the child deleted text end new text begin a youth new text end is deleted text begin 17 deleted text end new text begin 14 new text end years of
age or older, the administrative review or court hearing must include a review of the
responsible social services agency's support for the deleted text begin child's deleted text end new text begin youth's new text end successful transition to
adulthood as required in section 260C.452, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

ARTICLE 3

FAMILY FIRST PREVENTION ACT PROVIDER CERTIFICATION

Section 1.

Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision
to read:

new text begin Subd. 3c. new text end

new text begin At risk of becoming a victim of sex trafficking or commercial sexual
exploitation. new text end

new text begin For the purposes of section 245A.25, a youth who is "at risk of becoming a
victim of sex trafficking or commercial sexual exploitation" means a youth who meets the
criteria established by the commissioner of human services for this purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Children's residential facility. new text end

new text begin "Children's residential facility" is defined as
a residential program licensed under this chapter or chapter 241 according to the applicable
standards in Minnesota Rules, parts 2960.0010 to 2960.0710.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to
read:

new text begin Subd. 6d. 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, and includes settings licensed by the
commissioner of human services or the commissioner of corrections.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to
read:

new text begin Subd. 6e. 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 human services or the commissioner of corrections.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to
read:

new text begin Subd. 18a. new text end

new text begin Trauma. new text end

new text begin For the purposes of section 245A.25, "trauma" means an event,
series of events, or set of circumstances experienced by an individual as physically or
emotionally harmful or life-threatening and has lasting adverse effects on the individual's
functioning and mental, physical, social, emotional, or spiritual well-being. Trauma includes
the cumulative emotional or psychological harm of group traumatic experiences transmitted
across generations within a community that are often associated with racial and ethnic
population groups that have suffered major intergenerational losses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to
read:

new text begin Subd. 23. new text end

new text begin Victim of sex trafficking or commercial sexual exploitation. new text end

new text begin For the purposes
of section 245A.25, "victim of sex trafficking or commercial sexual exploitation" means a
person who meets the definitions in section 260C.007, subdivision 31, clauses (4) and (5).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to
read:

new text begin Subd. 24. new text end

new text begin Youth. new text end

new text begin For the purposes of section 245A.25, "youth" means a "child" as
defined in section 260C.007, subdivision 4, and includes individuals under 21 years of age
who are in foster care pursuant to section 260C.451.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2020, section 245A.041, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin First date of working in a facility or setting; documentation
requirements. new text end

new text begin Children's residential facility and foster residence setting license holders
must document the first date that a person who is a background study subject begins working
in the license holder's facility or setting. If the license holder does not maintain documentation
of each background study subject's first date of working in the facility or setting in the
license holder's personnel files, the license holder must provide documentation to the
commissioner that contains the first date that each background study subject began working
in the license holder's program upon the commissioner's request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 9.

new text begin [245A.25] RESIDENTIAL PROGRAM CERTIFICATIONS FOR
COMPLIANCE WITH THE FAMILY FIRST PREVENTION SERVICES ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Certification scope and applicability. new text end

new text begin (a) This section establishes the
requirements that a children's residential facility or child foster residence setting must meet
to be certified for the purposes of Title IV-E funding requirements as:
new text end

new text begin (1) a qualified residential treatment program;
new text end

new text begin (2) a residential setting specializing in providing care and supportive services for youth
who have been or are at risk of becoming victims of sex trafficking or commercial sexual
exploitation;
new text end

new text begin (3) a residential setting specializing in providing prenatal, postpartum, or parenting
support for youth; or
new text end

new text begin (4) a supervised independent living setting for youth 18 years of age or older.
new text end

new text begin (b) This section does not apply to a foster family setting in which the license holder
resides in the foster home.
new text end

new text begin (c) Children's residential facilities licensed as detention settings according to Minnesota
Rules, parts 2960.0230 to 2960.0290, or secure programs according to Minnesota Rules,
parts 2960.0300 to 2960.0420, may not be certified under this section.
new text end

new text begin (d) For purposes of this section, "license holder" means an individual, organization, or
government entity that was issued a children's residential facility or foster residence setting
license by the commissioner of human services under this chapter or by the commissioner
of corrections under chapter 241.
new text end

new text begin (e) Certifications issued under this section for foster residence settings may only be
issued by the commissioner of human services and are not delegated to county or private
licensing agencies under section 245A.16.
new text end

new text begin Subd. 2. new text end

new text begin Program certification types and requests for certification. new text end

new text begin (a) By July 1,
2021, the commissioner of human services must offer certifications to license holders for
the following types of programs:
new text end

new text begin (1) qualified residential treatment programs;
new text end

new text begin (2) residential settings specializing in providing care and supportive services for youth
who have been or are at risk of becoming victims of sex trafficking or commercial sexual
exploitation;
new text end

new text begin (3) residential settings specializing in providing prenatal, postpartum, or parenting
support for youth; and
new text end

new text begin (4) supervised independent living settings for youth 18 years of age or older.
new text end

new text begin (b) An applicant or license holder must submit a request for certification under this
section on a form and in a manner prescribed by the commissioner of human services. The
decision of the commissioner of human services to grant or deny a certification request is
final and not subject to appeal under chapter 14.
new text end

new text begin Subd. 3. new text end

new text begin Trauma-informed care. new text end

new text begin (a) Programs certified under subdivisions 4 or 5 must
provide services to a person according to a trauma-informed model of care that meets the
requirements of this subdivision, except that programs certified under subdivision 5 are not
required to meet the requirements of paragraph (e).
new text end

new text begin (b) For the purposes of this section, "trauma-informed care" is defined as care that:
new text end

new text begin (1) acknowledges the effects of trauma on a person receiving services and on the person's
family;
new text end

new text begin (2) modifies services to respond to the effects of trauma on the person receiving services;
new text end

new text begin (3) emphasizes skill and strength-building rather than symptom management; and
new text end

new text begin (4) focuses on the physical and psychological safety of the person receiving services
and the person's family.
new text end

new text begin (c) The license holder must have a process for identifying the signs and symptoms of
trauma in a youth and must address the youth's needs related to trauma. This process must
include:
new text end

new text begin (1) screening for trauma by completing a trauma-specific screening tool with each youth
upon the youth's admission or obtaining the results of a trauma-specific screening tool that
was completed with the youth within 30 days prior to the youth's admission to the program;
and
new text end

new text begin (2) ensuring that trauma-based interventions targeting specific trauma-related symptoms
are available to each youth when needed to assist the youth in obtaining services. For
qualified residential treatment programs, this must include the provision of services in
paragraph (e).
new text end

new text begin (d) The license holder must develop and provide services to each youth according to the
principles of trauma-informed care including:
new text end

new text begin (1) recognizing the impact of trauma on a youth when determining the youth's service
needs and providing services to the youth;
new text end

new text begin (2) allowing each youth to participate in reviewing and developing the youth's
individualized treatment or service plan;
new text end

new text begin (3) providing services to each youth that are person-centered and culturally responsive;
and
new text end

new text begin (4) adjusting services for each youth to address additional needs of the youth.
new text end

new text begin (e) In addition to the other requirements of this subdivision, qualified residential treatment
programs must use a trauma-based treatment model that includes:
new text end

new text begin (1) assessing each youth to determine if the youth needs trauma-specific treatment
interventions;
new text end

new text begin (2) identifying in each youth's treatment plan how the program will provide
trauma-specific treatment interventions to the youth;
new text end

new text begin (3) providing trauma-specific treatment interventions to a youth that target the youth's
specific trauma-related symptoms; and
new text end

new text begin (4) training all clinical staff of the program on trauma-specific treatment interventions.
new text end

new text begin (f) At the license holder's program, the license holder must provide a physical, social,
and emotional environment that:
new text end

new text begin (1) promotes the physical and psychological safety of each youth;
new text end

new text begin (2) avoids aspects that may be retraumatizing;
new text end

new text begin (3) responds to trauma experienced by each youth and the youth's other needs; and
new text end

new text begin (4) includes designated spaces that are available to each youth for engaging in sensory
and self-soothing activities.
new text end

new text begin (g) The license holder must base the program's policies and procedures on
trauma-informed principles. In the program's policies and procedures, the license holder
must:
new text end

new text begin (1) describe how the program provides services according to a trauma-informed model
of care;
new text end

new text begin (2) describe how the program's environment fulfills the requirements of paragraph (f);
new text end

new text begin (3) prohibit the use of aversive consequences for a youth's violation of program rules
or any other reason;
new text end

new text begin (4) describe the process for how the license holder incorporates trauma-informed
principles and practices into the organizational culture of the license holder's program; and
new text end

new text begin (5) if the program is certified to use restrictive procedures under Minnesota Rules, part
2960.0710, how the program uses restrictive procedures only when necessary for a youth
in a manner that addresses the youth's history of trauma and avoids causing the youth
additional trauma.
new text end

new text begin (h) Prior to allowing a staff person to have direct contact, as defined in section 245C.02,
subdivision 11, with a youth and annually thereafter, the license holder must train each staff
person about:
new text end

new text begin (1) concepts of trauma-informed care and how to provide services to each youth according
to these concepts; and
new text end

new text begin (2) impacts of each youth's culture, race, gender, and sexual orientation on the youth's
behavioral health and traumatic experiences.
new text end

new text begin Subd. 4. new text end

new text begin Qualified residential treatment programs; certification requirements. new text end

new text begin (a)
To be certified as a qualified residential treatment program, a license holder must meet:
new text end

new text begin (1) the definition of a qualified residential treatment program in section 260C.007,
subdivision 26d;
new text end

new text begin (2) the requirements for providing trauma-informed care and using a trauma-based
treatment model in subdivision 3; and
new text end

new text begin (3) the requirements of this subdivision.
new text end

new text begin (b) For each youth placed at the license holder's program, the license holder must
collaborate with the responsible social services agency and other appropriate parties to
implement the youth's out-of-home placement plan and the youth's short-term and long-term
mental health and behavioral health goals in the assessment required by sections 260C.212,
subdivision 1; 260C.704; and 260C.708.
new text end

new text begin (c) A qualified residential treatment program must use a trauma-based treatment model
that meets all of the requirements of subdivision 3 that is designed to address the needs,
including clinical needs, of youth with serious emotional or behavioral disorders or
disturbances. The license holder must develop, document, and review a treatment plan for
each youth according to the requirements of Minnesota Rules, parts 2960.0180, subpart 2,
item B; and 2960.0190, subpart 2.
new text end

new text begin (d) The following types of staff must be on-site according to the program's treatment
model and must be available 24 hours a day and seven days a week to provide care within
the scope of their practice:
new text end

new text begin (1) a registered nurse or licensed practical nurse licensed by the Minnesota Board of
Nursing to practice professional nursing or practical nursing as defined in section 148.171,
subdivisions 14 and 15; and
new text end

new text begin (2) other licensed clinical staff to meet each youth's clinical needs.
new text end

new text begin (e) A qualified residential treatment program must be accredited by one of the following
independent, not-for-profit organizations:
new text end

new text begin (1) the Commission on Accreditation of Rehabilitation Facilities (CARF);
new text end

new text begin (2) the Joint Commission;
new text end

new text begin (3) the Council on Accreditation (COA); or
new text end

new text begin (4) another independent, not-for-profit accrediting organization approved by the Secretary
of the United States Department of Health and Human Services.
new text end

new text begin (f) The license holder must facilitate participation of a youth's family members in the
youth's treatment program, consistent with the youth's best interests and according to the
youth's out-of-home placement plan required by sections 260C.212, subdivision 1; and
260C.708.
new text end

new text begin (g) The license holder must contact and facilitate outreach to each youth's family
members, including the youth's siblings, and must document outreach to the youth's family
members in the youth's file, including the contact method and each family member's contact
information. In the youth's file, the license holder must record and maintain the contact
information for all known biological family members and fictive kin of the youth.
new text end

new text begin (h) The license holder must document in the youth's file how the program integrates
family members into the treatment process for the youth, including after the youth's discharge
from the program, and how the program maintains the youth's connections to the youth's
siblings.
new text end

new text begin (i) The program must provide discharge planning and family-based aftercare support to
each youth for at least six months after the youth's discharge from the program. When
providing aftercare to a youth, the program must have monthly contact with the youth and
the youth's caregivers to promote the youth's engagement in aftercare services and to regularly
evaluate the family's needs. The program's monthly contact with the youth may be
face-to-face, by telephone, or virtual.
new text end

new text begin (j) The license holder must maintain a service delivery plan that describes how the
program provides services according to the requirements in paragraphs (b) to (i).
new text end

new text begin Subd. 5. new text end

new text begin Residential settings specializing in providing care and supportive services
for youth who have been or are at risk of becoming victims of sex trafficking or
commercial sexual exploitation; certification requirements. new text end

new text begin (a) To be certified as a
residential setting specializing in providing care and support services for youth who have
been or are at risk of becoming victims of sex trafficking or commercial sexual exploitation,
a license holder must meet the requirements of this subdivision.
new text end

new text begin (b) Settings certified according to this subdivision are exempt from the requirements of
section 245A.04, subdivision 11, paragraph (b).
new text end

new text begin (c) The program must use a trauma-informed model of care that meets all of the applicable
requirements of subdivision 3, and that is designed to address the needs, including emotional
and mental health needs, of youth who have been or are at risk of becoming victims of sex
trafficking or commercial sexual exploitation.
new text end

new text begin (d) The program must provide high quality care and supportive services for youth who
have been or are at risk of becoming victims of sex trafficking or commercial sexual
exploitation and must:
new text end

new text begin (1) offer a safe setting to each youth designed to prevent ongoing and future trafficking
of the youth;
new text end

new text begin (2) provide equitable, culturally responsive, and individualized services to each youth;
new text end

new text begin (3) assist each youth with accessing medical, mental health, legal, advocacy, and family
services based on the youth's individual needs;
new text end

new text begin (4) provide each youth with relevant educational, life skills, and employment supports
based on the youth's individual needs;
new text end

new text begin (5) offer a trafficking prevention education curriculum and provide support for each
youth at risk of future sex trafficking or commercial sexual exploitation; and
new text end

new text begin (6) engage with the discharge planning process for each youth and the youth's family.
new text end

new text begin (e) The license holder must maintain a service delivery plan that describes how the
program provides services according to the requirements in paragraphs (c) and (d).
new text end

new text begin (f) The license holder must ensure that each staff person who has direct contact, as
defined in section 245C.02, subdivision 11, with a youth served by the license holder's
program completes a human trafficking training approved by the Department of Human
Services' Children and Family Services Administration before the staff person has direct
contact with a youth served by the program and annually thereafter. For programs certified
prior to January 1, 2022, the license holder must ensure that each staff person at the license
holder's program completes the initial training by January 1, 2022.
new text end

new text begin Subd. 6. new text end

new text begin Residential settings specializing in providing prenatal, postpartum, or
parenting supports for youth; certification requirements. new text end

new text begin (a) To be certified as a
residential setting specializing in providing prenatal, postpartum, or parenting supports for
youth, a license holder must meet the requirements of this subdivision.
new text end

new text begin (b) The license holder must collaborate with the responsible social services agency and
other appropriate parties to implement each youth's out-of-home placement plan required
by section 260C.212, subdivision 1.
new text end

new text begin (c) The license holder must specialize in providing prenatal, postpartum, or parenting
supports for youth and must:
new text end

new text begin (1) provide equitable, culturally responsive, and individualized services to each youth;
new text end

new text begin (2) assist each youth with accessing postpartum services during the same period of time
that a woman is considered pregnant for the purposes of medical assistance eligibility under
section 256B.055, subdivision 6, including providing each youth with:
new text end

new text begin (i) sexual and reproductive health services and education; and
new text end

new text begin (ii) a postpartum mental health assessment and follow-up services; and
new text end

new text begin (3) discharge planning that includes the youth and the youth's family.
new text end

new text begin (d) On or before the date of a child's initial physical presence at the facility, the license
holder must provide education to the child's parent related to safe bathing and reducing the
risk of sudden unexpected infant death and abusive head trauma from shaking infants and
young children. The license holder must use the educational material developed by the
commissioner of human services to comply with this requirement. At a minimum, the
education must address:
new text end

new text begin (1) instruction that: (i) a child or infant should never be left unattended around water;
(ii) a tub should be filled with only two to four inches of water for infants; and (iii) an infant
should never be put into a tub when the water is running; and
new text end

new text begin (2) the risk factors related to sudden unexpected infant death and abusive head trauma
from shaking infants and young children and means of reducing the risks, including the
safety precautions identified in section 245A.1435 and the risks of co-sleeping.
new text end

new text begin The license holder must document the parent's receipt of the education and keep the
documentation in the parent's file. The documentation must indicate whether the parent
agrees to comply with the safeguards described in this paragraph. If the parent refuses to
comply, program staff must provide additional education to the parent as described in the
parental supervision plan. The parental supervision plan must include the intervention,
frequency, and staff responsible for the duration of the parent's participation in the program
or until the parent agrees to comply with the safeguards described in this paragraph.
new text end

new text begin (e) On or before the date of a child's initial physical presence at the facility, the license
holder must document the parent's capacity to meet the health and safety needs of the child
while on the facility premises considering the following factors:
new text end

new text begin (1) the parent's physical and mental health;
new text end

new text begin (2) the parent being under the influence of drugs, alcohol, medications, or other chemicals;
new text end

new text begin (3) the child's physical and mental health; and
new text end

new text begin (4) any other information available to the license holder indicating that the parent may
not be able to adequately care for the child.
new text end

new text begin (f) The license holder must have written procedures specifying the actions that staff shall
take if a parent is or becomes unable to adequately care for the parent's child.
new text end

new text begin (g) If the parent refuses to comply with the safeguards described in paragraph (d) or is
unable to adequately care for the child, the license holder must develop a parental supervision
plan in conjunction with the parent. The plan must account for any factors in paragraph (e)
that contribute to the parent's inability to adequately care for the child. The plan must be
dated and signed by the staff person who completed the plan.
new text end

new text begin (h) The license holder must have written procedures addressing whether the program
permits a parent to arrange for supervision of the parent's child by another youth in the
program. If permitted, the facility must have a procedure that requires staff approval of the
supervision arrangement before the supervision by the nonparental youth occurs. The
procedure for approval must include an assessment of the nonparental youth's capacity to
assume the supervisory responsibilities using the criteria in paragraph (e). The license holder
must document the license holder's approval of the supervisory arrangement and the
assessment of the nonparental youth's capacity to supervise the child and must keep this
documentation in the file of the parent whose child is being supervised by the nonparental
youth.
new text end

new text begin (i) The license holder must maintain a service delivery plan that describes how the
program provides services according to the requirements in paragraphs (b) to (h).
new text end

new text begin Subd. 7. new text end

new text begin Supervised independent living settings for youth 18 years of age or older;
certification requirements. new text end

new text begin (a) To be certified as a supervised independent living setting
for youth who are 18 years of age or older, a license holder must meet the requirements of
this subdivision.
new text end

new text begin (b) The license holder must provide training, counseling, instruction, supervision, and
assistance for independent living according to the youth's needs.
new text end

new text begin (c) The license holder may provide services to assist the youth with locating housing,
money management, meal preparation, shopping, health care, transportation, and any other
support services necessary to meet the youth's needs and improve the youth's ability to
conduct such tasks independently.
new text end

new text begin (d) The service plan for the youth must contain an objective of independent living skills.
new text end

new text begin (e) The license holder must maintain a service delivery plan that describes how the
program provides services according to the requirements in paragraphs (b) to (d).
new text end

new text begin Subd. 8. new text end

new text begin Monitoring and inspections. new text end

new text begin (a) For a program licensed by the commissioner
of human services, the commissioner of human services may review a program's compliance
with certification requirements by conducting an inspection, a licensing review, or an
investigation of the program. The commissioner may issue a correction order to the license
holder for a program's noncompliance with the certification requirements of this section.
For a program licensed by the commissioner of human services, a license holder must make
a request for reconsideration of a correction order according to section 245A.06, subdivision
2.
new text end

new text begin (b) For a program licensed by the commissioner of corrections, the commissioner of
human services may review the program's compliance with the requirements for a certification
issued under this section biennially and may issue a correction order identifying the program's
noncompliance with the requirements of this section. The correction order must state the
following:
new text end

new text begin (1) the conditions that constitute a violation of a law or rule;
new text end

new text begin (2) the specific law or rule violated; and
new text end

new text begin (3) the time allowed for the program to correct each violation.
new text end

new text begin (c) For a program licensed by the commissioner of corrections, if a license holder believes
that there are errors in the correction order of the commissioner of human services, the
license holder may ask the Department of Human Services to reconsider the parts of the
correction order that the license holder alleges are in error. To submit a request for
reconsideration, the license holder must send a written request for reconsideration by United
States mail to the commissioner of human services. The request for reconsideration must
be postmarked within 20 calendar days of the date that the correction order was received
by the license holder and must:
new text end

new text begin (1) specify the parts of the correction order that are alleged to be in error;
new text end

new text begin (2) explain why the parts of the correction order are in error; and
new text end

new text begin (3) include documentation to support the allegation of error.
new text end

new text begin A request for reconsideration does not stay any provisions or requirements of the correction
order. The commissioner of human services' disposition of a request for reconsideration is
final and not subject to appeal under chapter 14.
new text end

new text begin (d) Nothing in this subdivision prohibits the commissioner of human services from
decertifying a license holder according to subdivision 9 prior to issuing a correction order.
new text end

new text begin Subd. 9. new text end

new text begin Decertification. new text end

new text begin (a) The commissioner of human services may rescind a
certification issued under this section if a license holder fails to comply with the certification
requirements in this section.
new text end

new text begin (b) The license holder may request reconsideration of a decertification by notifying the
commissioner of human services by certified mail or personal service. The license holder
must request reconsideration of a decertification in writing. If the license holder sends the
request for reconsideration of a decertification by certified mail, the license holder must
send the request by United States mail to the commissioner of human services and the
request must be postmarked within 20 calendar days after the license holder received the
notice of decertification. If the license holder requests reconsideration of a decertification
by personal service, the request for reconsideration must be received by the commissioner
of human services within 20 calendar days after the license holder received the notice of
decertification. When submitting a request for reconsideration of a decertification, the license
holder must submit a written argument or evidence in support of the request for
reconsideration.
new text end

new text begin (c) The commissioner of human services' disposition of a request for reconsideration is
final and not subject to appeal under chapter 14.
new text end

new text begin Subd. 10. new text end

new text begin Variances. new text end

new text begin The commissioner of human services may grant variances to the
requirements in this section that do not affect a youth's health or safety or compliance with
federal requirements for Title IV-E funding if the conditions in section 245A.04, subdivision
9, are met.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
AFTERCARE SUPPORTS.
new text end

new text begin The commissioner of human services shall consult with stakeholders to develop policies
regarding aftercare supports for the transition of a child to family foster care from a qualified
residential treatment program as defined in Minnesota Statutes, section 260C.007, subdivision
26d, or a less restrictive setting that aligns with the child's permanency plan and
person-centered support plan when applicable, prior to reunification with the child's parent
or legal guardian. The policies must be consistent with Minnesota Rules, part 2960.0190,
and relevant statutes, and address the coordination of the qualified residential treatment
program discharge planning and aftercare supports where needed, the county social services
case plan, and services from community-based providers, to maintain the child's progress
with behavioral health goals as defined in the child's treatment plan. The commissioner
must complete development of the policy guidance by December 31, 2022.
new text end