SF 2320

as introduced - 91st Legislature (2019 - 2020) Posted on 03/12/2019 08:58am

A bill for an act
relating to human services; modifying policy provisions governing children and
families services; amending Minnesota Statutes 2018, sections 13.46, subdivision
2; 13.461, subdivision 28; 119B.02, subdivision 6; 144.216, by adding subdivisions;
144.218, by adding a subdivision; 144.225, subdivision 2b; 144.226, subdivision
1; 145.902; 256E.21, subdivision 5; 256M.41, subdivision 3, by adding a
subdivision; 256N.02, subdivisions 10, 16, 17, 18; 256N.22, subdivision 1;
256N.23, subdivisions 2, 6; 256N.24, subdivisions 1, 8, 11, 12, 14; 256N.28,
subdivision 6; 259.241; 259.35, subdivision 1; 259.37, subdivision 2; 259.53,
subdivision 4; 259.75; 259.83, subdivisions 1, 1a, 3; 259A.75, subdivisions 1, 2,
3, 4, 5; 260.761, subdivision 2; 260C.101, by adding a subdivision; 260C.139,
subdivision 3; 260C.171, subdivision 2; 260C.178, subdivision 1; 260C.212,
subdivisions 1, 2, by adding a subdivision; 260C.219; 260C.451, subdivision 9;
260C.503, subdivision 2; 260C.515, subdivisions 3, 4; 260C.605, subdivision 1;
260C.607, subdivision 6; 260C.609; 260C.611; 260C.613, subdivision 6; 260C.615,
subdivision 1; 260C.623, subdivisions 3, 4; 260C.625; 260C.629, subdivision 2;
518A.53, subdivision 11; 518A.685; 626.556, subdivisions 2, 3, 3c, 3e, 4, 7, 10,
10a, 10b, 10d, 10e, 10f, 10m, 11, 11c; 626.5561, subdivision 1; 626.558,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 518A;
repealing Minnesota Statutes 2018, sections 119B.125, subdivision 8; 256J.751,
subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 13.46, subdivision 2, is amended to read:

Subd. 2.

General.

(a) Data on individuals collected, maintained, used, or disseminated
by the welfare system are private data on individuals, and shall not be disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system and an investigator acting on behalf of a county,
the state, or the federal government, including a law enforcement person or attorney in the
investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
administration of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to an
individual or family across programs; coordinate services for an individual or family;
evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to assess parental contribution amounts for purposes
of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit programs
and to identify individuals who may benefit from these programs. The following information
may be disclosed under this paragraph: an individual's and their dependent's names, dates
of birth, Social Security numbers, income, addresses, and other data as required, upon
request by the Department of Revenue. Disclosures by the commissioner of revenue to the
commissioner of human services for the purposes described in this clause are governed by
section 270B.14, subdivision 1. Tax refund or tax credit programs include, but are not limited
to, the dependent care credit under section 290.067, the Minnesota working family credit
under section 290.0671, the property tax refund and rental credit under section 290A.04,
and the Minnesota education credit under section 290.0674;

(9) between the Department of Human Services, the Department of Employment and
Economic Development, and when applicable, the Department of Education, for the following
purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program, whether
alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child care
assistance program by exchanging data on recipients and former recipients of food support,
cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance under chapter
119B, medical programs under chapter 256B or 256L, or a medical program formerly
codified under chapter 256D; and

(iv) to analyze public assistance employment services and program utilization, cost,
effectiveness, and outcomes as implemented under the authority established in Title II,
Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
Health records governed by sections 144.291 to 144.298 and "protected health information"
as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
of Federal Regulations, title 45, parts 160-164, including health care claims utilization
information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of the
information is necessary to protect the health or safety of the individual or other individuals
or persons;

(11) data maintained by residential programs as defined in section 245A.02 may be
disclosed to the protection and advocacy system established in this state according to Part
C of Public Law 98-527 to protect the legal and human rights of persons with developmental
disabilities or other related conditions who live in residential facilities for these persons if
the protection and advocacy system receives a complaint by or on behalf of that person and
the person does not have a legal guardian or the state or a designee of the state is the legal
guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency may be
disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security numbers and names collected by the telephone assistance
program may be disclosed to the Department of Revenue to conduct an electronic data
match with the property tax refund database to determine eligibility under section 237.70,
subdivision 4a;

(15) the current address of a Minnesota family investment program participant may be
disclosed to law enforcement officers who provide the name of the participant and notify
the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance may be disclosed to probation
officers and corrections agents who are supervising the recipient and to law enforcement
officers who are investigating the recipient in connection with a felony level offense;

(17) information obtained from food support applicant or recipient households may be
disclosed to local, state, or federal law enforcement officials, upon their written request, for
the purpose of investigating an alleged violation of the Food Stamp Act, according to Code
of Federal Regulations, title 7, section 272.1(c);

(18) the address, Social Security number, and, if available, photograph of any member
of a household receiving food support shall be made available, on request, to a local, state,
or federal law enforcement officer if the officer furnishes the agency with the name of the
member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal law;
or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official duty;

(19) the current address of a recipient of Minnesota family investment program, general
assistance, or food support may be disclosed to law enforcement officers who, in writing,
provide the name of the recipient and notify the agency that the recipient is a person required
to register under section 243.166, but is not residing at the address at which the recipient is
registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on the
distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the income
of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7;

(23) to the Department of Education for the purpose of matching Department of Education
student data with public assistance data to determine students eligible for free and
reduced-price meals, meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
funds that are distributed based on income of the student's family; and to verify receipt of
energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a community health board as
defined in section 145A.02, subdivision 5, when the commissioner or community health
board has reason to believe that a program recipient is a disease case, carrier, suspect case,
or at risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this state,
including the attorney general, and agencies of other states, interstate information networks,
federal agencies, and other entities as required by federal regulation or law for the
administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 256.741, for access
to the child support system database for the purpose of administration, including monitoring
and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by exchanging
data between the Departments of Human Services and Education, on recipients and former
recipients of food support, cash assistance under chapter 256, 256D, 256J, or 256K, child
care assistance under chapter 119B, medical programs under chapter 256B or 256L, or a
medical program formerly codified under chapter 256D;

(28) to evaluate child support program performance and to identify and prevent fraud
in the child support program by exchanging data between the Department of Human Services,
Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) and (b),
without regard to the limitation of use in paragraph (c), Department of Health, Department
of Employment and Economic Development, and other state agencies as is reasonably
necessary to perform these functions;

(29) counties new text begin and the Department of Human Services new text end operating child care assistance
programs under chapter 119B may disseminate data on program participants, applicants,
and providers to the commissioner of education;

(30) child support data on the child, the parents, and relatives of the child may be
disclosed to agencies administering programs under titles IV-B and IV-E of the Social
Security Act, as authorized by federal law;

(31) to a health care provider governed by sections 144.291 to 144.298, to the extent
necessary to coordinate services;

(32) to the chief administrative officer of a school to coordinate services for a student
and family; data that may be disclosed under this clause are limited to name, date of birth,
gender, and address; or

(33) to county correctional agencies to the extent necessary to coordinate services and
diversion programs; data that may be disclosed under this clause are limited to name, client
demographics, program, case status, and county worker information.

(b) Information on persons who have been treated for drug or alcohol abuse may only
be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
(17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
not subject to the access provisions of subdivision 10, paragraph (b).

For the purposes of this subdivision, a request will be deemed to be made in writing if
made through a computer interface system.

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 2018, section 13.461, subdivision 28, is amended to read:

Subd. 28.

Child care assistance program.

Data collected, maintained, used, or
disseminated by the welfare system pertaining to persons selected as legal nonlicensed child
care providers by families receiving child care assistance are classified under section 119B.02,
subdivision 6 new text begin , paragraph (a). new text end new text begin Child care assistance program payment data is classified under
section 119B.02, subdivision 6, paragraph (b) 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 2018, section 119B.02, subdivision 6, is amended to read:

Subd. 6.

Data.

new text begin (a) new text end Data collected, maintained, used, or disseminated by the welfare
system pertaining to persons selected as legal nonlicensed child care providers by families
receiving child care assistance shall be treated as licensing data as provided in section 13.46,
subdivision 4.

new text begin (b) For purposes of this paragraph, "child care assistance program payment data" means
data for a specified time period showing (1) that a child care assistance program payment
under this chapter was made, and (2) the amount of child care assistance payments made
to a child care center. Child care assistance program payment data may include the number
of families and children on whose behalf payments were made for the specified time period.
Any child care assistance program payment data that may identify a specific child care
assistance recipient or benefit paid on behalf of a specific child care assistance recipient,
as determined by the commissioner, is private data on individuals as defined in section
13.02, subdivision 12. Data related to a child care assistance payment is public if the data
relates to a child care assistance payment made to a licensed child care center or a child
care center exempt from licensure and:
new text end

new text begin (1) the child care center receives payment of more than $100,000 from the child care
assistance program under this chapter in a period of one year or less; or
new text end

new text begin (2) when the commissioner or county agency either:
new text end

new text begin (i) disqualified the center from receipt of a payment from the child care assistance
program under this chapter for wrongfully obtaining child care assistance under section
256.98, subdivision 8, paragraph (c);
new text end

new text begin (ii) refused a child care authorization, revoked a child care authorization, stopped
payment, or denied payment for a bill for the center under section 119B.13, subdivision 6,
paragraph (d); or
new text end

new text begin (iii) made a finding of financial misconduct under section 245E.02.
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 2018, section 144.216, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Reporting safe place newborn births. new text end

new text begin A hospital that receives a safe place
newborn under section 145.902 shall report the birth of the newborn to the Office of Vital
Records within five days after receiving the newborn. The state registrar must register
information about the safe place newborn according to part 4601.0600, subpart 4, item C.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 5.

Minnesota Statutes 2018, section 144.216, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Status of safe place birth registrations. new text end

new text begin (a) Information about the safe place
newborn registered under subdivision 3 shall constitute the record of birth for the child. The
record is confidential data on individuals as defined in section 13.02, subdivision 3.
Information on the birth record or a birth certificate issued from the birth record shall be
disclosed only to the responsible social services agency as defined in section 260C.007,
subdivision 27a, or pursuant to court order.
new text end

new text begin (b) Pursuant to section 144.218, subdivision 6, if the safe place newborn was born in a
hospital and it is known that a record of birth was registered, the Office of Vital Records
shall replace the original birth record registered under section 144.215.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 6.

Minnesota Statutes 2018, section 144.218, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Safe place newborns. new text end

new text begin If a hospital receives a safe place newborn under section
145.902 and it is known that a record of birth was registered, the hospital shall report the
newborn to the Office of Vital Records and identify the birth record. The state registrar
shall issue a replacement birth record free of information that identifies a parent. The prior
vital record is confidential data on individuals as defined in section 13.02, subdivision 3,
and shall not be disclosed except pursuant to court order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 7.

Minnesota Statutes 2018, section 144.225, subdivision 2b, is amended to read:

Subd. 2b.

Commissioner of health; duties.

Notwithstanding the designation of certain
of this data as confidential under subdivision 2 or private under subdivision 2a, the
commissioner shall give the commissioner of human services access to birth record data
and data contained in recognitions of parentage prepared according to section 257.75
necessary to enable the commissioner of human services to identify a child who is subject
to threatened injury, as defined in section 626.556, subdivision 2, paragraph deleted text begin (p) deleted text end new text begin (s) new text end , by a
person responsible for the child's care, as defined in section 626.556, subdivision 2, paragraph
(j), clause (1). The commissioner shall be given access to all data included on official birth
records.

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 2018, section 144.226, subdivision 1, is amended to read:

Subdivision 1.

Which services are for fee.

(a) The fees for the following services shall
be the following or an amount prescribed by rule of the commissioner:

(b) The fee for the administrative review and processing of a request for a certified vital
record or a certification that the vital record cannot be found is $9. The fee is payable at the
time of application and is nonrefundable.

(c) The fee for processing a request for the replacement of a birth record for all events,
except new text begin for safe place newborns pursuant to section 144.218, subdivision 6, and new text end when filing
a recognition of parentage pursuant to section 257.73, subdivision 1, is $40. The fee is
payable at the time of application and is nonrefundable.

(d) The fee for administrative review and processing of a request for the filing of a
delayed registration of birth, stillbirth, or death is $40. The fee is payable at the time of
application and is nonrefundable.

(e) The fee for administrative review and processing of a request for the amendment of
any vital record is $40. The fee is payable at the time of application and is nonrefundable.

(f) The fee for administrative review and processing of a request for the verification of
information from vital records is $9 when the applicant furnishes the specific information
to locate the vital record. When the applicant does not furnish specific information, the fee
is $20 per hour for staff time expended. Specific information includes the correct date of
the event and the correct name of the subject of the record. Fees charged shall approximate
the costs incurred in searching and copying the vital records. The fee is payable at the time
of application and is nonrefundable.

(g) The fee for administrative review and processing of a request for the issuance of a
copy of any document on file pertaining to a vital record or statement that a related document
cannot be found is $9. The fee is payable at the time of application and is nonrefundable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 9.

Minnesota Statutes 2018, section 145.902, is amended to read:

145.902 GIVE LIFE A CHANCE; SAFE PLACE FOR NEWBORNS DUTIES;
IMMUNITY.

Subdivision 1.

General.

(a) For purposes of this section, a "safe place" means a hospital
licensed under sections 144.50 to 144.56, new text begin including the hospital where the newborn was
born, new text end a health care provider who provides urgent care medical services, or an ambulance
service licensed under chapter 144E dispatched in response to a 911 call from a mother or
a person with the mother's permission to relinquish a newborn infant.

(b) A safe place shall receive a newborn left with an employee on the premises of the
safe place during its hours of operation, provided that:

(1) the newborn was born within seven days of being left at the safe place, as determined
within a reasonable degree of medical certainty; and

(2) the newborn is left in an unharmed condition.

(c) The safe place must not inquire as to the identity of the mother or the person leaving
the newborn or call the police, provided the newborn is unharmed when presented to the
hospital. The safe place may ask the mother or the person leaving the newborn about the
medical history of the mother or newborn new text begin and if the newborn may have lineage to an Indian
tribe and, if known, the name of the tribe new text end but the mother or the person leaving the newborn
is not required to provide any information. The safe place may provide the mother or the
person leaving the newborn with information about how to contact relevant social service
agencies.

(d) A safe place that is a health care provider who provides urgent care medical services
shall dial 911, advise the dispatcher that the call is being made from a safe place for
newborns, and ask the dispatcher to send an ambulance or take other appropriate action to
transport the newborn to a hospital. An ambulance with whom a newborn is left shall
transport the newborn to a hospital for care. Hospitals must receive a newborn left with a
safe place and make the report as required in subdivision 2.

Subd. 2.

Reporting.

new text begin (a) new text end Within 24 hours of receiving a newborn under this section, the
hospital must inform the responsible social service agency that a newborn has been left at
the hospital, but must not do so in the presence of the mother or the person leaving the
newborn. The hospital must provide necessary care to the newborn pending assumption of
legal responsibility by the responsible social service agency pursuant to section 260C.139,
subdivision 5.

new text begin (b) Within five days of receiving a newborn under this section, a hospital shall report
the newborn pursuant to section 144.216, subdivision 3. If a hospital receives a safe place
newborn under section 145.902 and it is known that a record of birth was registered because
the newborn was born at that hospital, the hospital shall report the newborn to the Office
of Vital Records and identify the birth record. The state registrar shall issue a replacement
birth record pursuant to section 144.218, subdivision 6.
new text end

Subd. 3.

Immunity.

(a) A safe place with responsibility for performing duties under
this section, and any new text begin hospital, new text end employee, doctor, ambulance personnel, or other medical
professional working at the safe place, are immune from any criminal liability that otherwise
might result from their actions, if they are acting in good faith in receiving a newborn, and
are immune from any civil liability new text begin or administrative penalty new text end that otherwise might result
from merely receiving a newborn.

(b) A safe place performing duties under this section, or an employee, doctor, ambulance
personnel, or other medical professional working at the safe place who is a mandated reporter
under section 626.556, is immune from any criminal or civil liability that otherwise might
result from the failure to make a report under that section if the person is acting in good
faith in complying with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 10.

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

Subd. 5.

Child abuse.

"Child abuse" means sexual abuse, neglect, or physical abuse as
defined in section 626.556, subdivision 2, paragraphs (g), (k), and deleted text begin (n) deleted text end new text begin (p) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 11.

Minnesota Statutes 2018, section 256M.41, subdivision 3, is amended to read:

Subd. 3.

Payments deleted text begin based on performance deleted text end .

deleted text begin (a) deleted text end The commissioner shall make payments
under this section to each county deleted text begin board on a calendar year basis in an amount determined
under paragraph (b) deleted text end new text begin on or before July 10 of each year new text end .

deleted text begin (b) Calendar year allocations under subdivision 1 shall be paid to counties in the following
manner:
deleted text end

deleted text begin (1) 80 percent of the allocation as determined in subdivision 1 must be paid to counties
on or before July 10 of each year;
deleted text end

deleted text begin (2) ten percent of the allocation shall be withheld until the commissioner determines if
the county has met the performance outcome threshold of 90 percent based on face-to-face
contact with alleged child victims. In order to receive the performance allocation, the county
child protection workers must have a timely face-to-face contact with at least 90 percent of
all alleged child victims of screened-in maltreatment reports. The standard requires that
each initial face-to-face contact occur consistent with timelines defined in section 626.556,
subdivision 10, paragraph (i). The commissioner shall make threshold determinations in
January of each year and payments to counties meeting the performance outcome threshold
shall occur in February of each year. Any withheld funds from this appropriation for counties
that do not meet this requirement shall be reallocated by the commissioner to those counties
meeting the requirement; and
deleted text end

deleted text begin (3) ten percent of the allocation shall be withheld until the commissioner determines
that the county has met the performance outcome threshold of 90 percent based on
face-to-face visits by the case manager. In order to receive the performance allocation, the
total number of visits made by caseworkers on a monthly basis to children in foster care
and children receiving child protection services while residing in their home must be at least
90 percent of the total number of such visits that would occur if every child were visited
once per month. The commissioner shall make such determinations in January of each year
and payments to counties meeting the performance outcome threshold shall occur in February
of each year. Any withheld funds from this appropriation for counties that do not meet this
requirement shall be reallocated by the commissioner to those counties meeting the
requirement. For 2015, the commissioner shall only apply the standard for monthly foster
care visits.
deleted text end

deleted text begin (c) The commissioner shall work with stakeholders and the Human Services Performance
Council under section 402A.16 to develop recommendations for specific outcome measures
that counties should meet in order to receive funds withheld under paragraph (b), and include
in those recommendations a determination as to whether the performance measures under
paragraph (b) should be modified or phased out. The commissioner shall report the
recommendations to the legislative committees having jurisdiction over child protection
issues by January 1, 2018.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 12.

Minnesota Statutes 2018, section 256M.41, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin County performance on child protection measures. new text end

new text begin The commissioner shall
set child protection measures and standards. The commissioner shall require an
underperforming county to demonstrate that the county designated sufficient funds and
implemented a reasonable strategy to improve child protection performance, including the
provision of a performance improvement plan and additional remedies identified by the
commissioner. The commissioner may reallocate up to 20 percent of a county's funds under
this section toward the program improvement plan. Sanctions under section 256M.20,
subdivision 3, related to noncompliance with federal performance standards also apply.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 13.

Minnesota Statutes 2018, section 256N.02, subdivision 10, is amended to read:

Subd. 10.

Financially responsible agency.

"Financially responsible agency" means the
agency that is financially responsible for a child. These agencies include both local social
service agencies under section 393.07 and tribal social service agencies authorized in section
256.01, subdivision 14b, as part of the American Indian Child Welfare Initiative, and
Minnesota tribes who assume financial responsibility of children from other states. Under
Northstar Care for Children, the agency that is financially responsible at the time of placement
for foster care continues to be responsible under section 256N.27 for the local share of any
maintenance payments, even after finalization of the adoption deleted text begin of deleted text end new text begin or new text end transfer of permanent
legal and physical custody of a child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 14.

Minnesota Statutes 2018, section 256N.02, subdivision 16, is amended to read:

Subd. 16.

Permanent legal and physical custody.

"Permanent legal and physical
custody" means new text begin (1) new text end a new text begin full new text end transfer of permanent legal and physical custody new text begin ordered by a
Minnesota juvenile court under section 256C.515, subdivision 4, new text end to a relative deleted text begin ordered by a
Minnesota juvenile court under section 260C.515, subdivision 4, deleted text end new text begin who is not a parent as
defined in section 260C.007, subdivision 25, new text end or new text begin (2) new text end for a child under jurisdiction of a tribal
court, a judicial determination under a similar provision in tribal code which means that a
relative will assume the duty and authority to provide care, control, and protection of a child
who is residing in foster care, and to make decisions regarding the child's education, health
care, and general welfare until adulthood. new text begin For purposes of establishing eligibility for Northstar
kinship assistance, permanent legal and physical custody must not include joint legal custody,
joint physical custody, or joint legal and joint physical custody between a child's parent and
relative custodian.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 15.

Minnesota Statutes 2018, section 256N.02, subdivision 17, is amended to read:

Subd. 17.

Reassessment.

"Reassessment" means an update of a previous assessment
through the process under section 256N.24 for a child who has been continuously eligible
for Northstar Care for Children, or when a child identified as an at-risk child (Level A)
under deleted text begin guardianship or deleted text end adoption assistance has manifested the disability upon which eligibility
for the agreement was based according to section 256N.25, subdivision 3, paragraph (b).
A reassessment may be used to update an initial assessment, a special assessment, or a
previous reassessment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 16.

Minnesota Statutes 2018, section 256N.02, subdivision 18, is amended to read:

Subd. 18.

Relative.

"Relative," as described in section 260C.007, subdivision 27, means
a person related to the child by blood, marriage, or adoption deleted text begin , deleted text end new text begin ; the legal parent, guardian, or
custodian of the child's siblings; new text end or an individual who is an important friend with whom the
child has resided or had significant contact. For an Indian child, relative, as described in
section 260C.007, subdivision 26b, means a person who is a member of the Indian child's
family as defined in the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1903, paragraphs (2), (6), and (9).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 17.

Minnesota Statutes 2018, section 256N.22, subdivision 1, is amended to read:

Subdivision 1.

General eligibility requirements.

(a) To be eligible for Northstar kinship
assistance under this section, there must be a judicial determination under section 260C.515,
subdivision 4, that a transfer of permanent legal and physical custody to a relative new text begin who is
not a parent of the child new text end is in the child's best interest. For a child under jurisdiction of a
tribal court, a judicial determination under a similar provision in tribal code indicating that
a relative will assume the duty and authority to provide care, control, and protection of a
child who is residing in foster care, and to make decisions regarding the child's education,
health care, and general welfare until adulthood, and that this is in the child's best interest
is considered equivalent. new text begin A child whose parent shares legal, physical, or legal and physical
custody with a relative custodian is not eligible for Northstar kinship assistance. new text end Additionally,
a child must:

(1) have been removed from the child's home pursuant to a voluntary placement
agreement or court order;

(2)(i) have resided with the prospective relative custodian who has been a licensed child
foster parent for at least six consecutive months; or

(ii) have received from the commissioner an exemption from the requirement in item
(i) that the prospective relative custodian has been a licensed child foster parent for at least
six consecutive months, based on a determination that:

(A) an expedited move to permanency is in the child's best interest;

(B) expedited permanency cannot be completed without provision of Northstar kinship
assistance;

(C) the prospective relative custodian is uniquely qualified to meet the child's needs, as
defined in section 260C.212, subdivision 2, on a permanent basis;

(D) the child and prospective relative custodian meet the eligibility requirements of this
section; and

(E) efforts were made by the legally responsible agency to place the child with the
prospective relative custodian as a licensed child foster parent for six consecutive months
before permanency, or an explanation why these efforts were not in the child's best interests;

(3) meet the agency determinations regarding permanency requirements in subdivision
2;

(4) meet the applicable citizenship and immigration requirements in subdivision 3;

(5) have been consulted regarding the proposed transfer of permanent legal and physical
custody to a relative, if the child is at least 14 years of age or is expected to attain 14 years
of age prior to the transfer of permanent legal and physical custody; and

(6) have a written, binding agreement under section 256N.25 among the caregiver or
caregivers, the financially responsible agency, and the commissioner established prior to
transfer of permanent legal and physical custody.

(b) In addition to the requirements in paragraph (a), the child's prospective relative
custodian or custodians must meet the applicable background study requirements in
subdivision 4.

(c) To be eligible for title IV-E Northstar kinship assistance, a child must also meet any
additional criteria in section 473(d) of the Social Security Act. The sibling of a child who
meets the criteria for title IV-E Northstar kinship assistance in section 473(d) of the Social
Security Act is eligible for title IV-E Northstar kinship assistance if the child and sibling
are placed with the same prospective relative custodian or custodians, and the legally
responsible agency, relatives, and commissioner agree on the appropriateness of the
arrangement for the sibling. A child who meets all eligibility criteria except those specific
to title IV-E Northstar kinship assistance is entitled to Northstar kinship assistance paid
through funds other than title IV-E.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 18.

Minnesota Statutes 2018, section 256N.23, subdivision 2, is amended to read:

Subd. 2.

Special needs determination.

(a) A child is considered a child with special
needs under this section if the requirements in paragraphs (b) to (g) are met.

(b) There must be a determination that the child must not or should not be returned to
the home of the child's parents as evidenced by:

(1) a court-ordered termination of parental rights;

(2) a petition to terminate parental rights;

(3) consent of parent to adoption accepted by the court under chapter 260C;

(4) in circumstances when tribal law permits the child to be adopted without a termination
of parental rights, a judicial determination by a tribal court indicating the valid reason why
the child cannot or should not return home;

(5) a voluntary relinquishment under section 259.25 deleted text begin or 259.47 deleted text end or, if relinquishment
occurred in another state, the applicable laws in that state; or

(6) the death of the legal parent or parents if the child has two legal parents.

(c) There exists a specific factor or condition of which it is reasonable to conclude that
the child cannot be placed with adoptive parents without providing adoption assistance as
evidenced by:

(1) a determination by the Social Security Administration that the child meets all medical
or disability requirements of title XVI of the Social Security Act with respect to eligibility
for Supplemental Security Income benefits;

(2) a documented physical, mental, emotional, or behavioral disability not covered under
clause (1);

(3) a member of a sibling group being adopted at the same time by the same parent;

(4) an adoptive placement in the home of a parent who previously adopted a sibling for
whom they receive adoption assistance; or

(5) documentation that the child is an at-risk child.

(d) A reasonable but unsuccessful effort must have been made to place the child with
adoptive parents without providing adoption assistance as evidenced by:

(1) a documented search for an appropriate adoptive placement; or

(2) a determination by the commissioner that a search under clause (1) is not in the best
interests of the child.

(e) The requirement for a documented search for an appropriate adoptive placement
under paragraph (d), including the registration of the child with the state adoption exchange
and other recruitment methods under paragraph (f), must be waived if:

(1) the child is being adopted by a relative and it is determined by the child-placing
agency that adoption by the relative is in the best interests of the child;

(2) the child is being adopted by a foster parent with whom the child has developed
significant emotional ties while in the foster parent's care as a foster child and it is determined
by the child-placing agency that adoption by the foster parent is in the best interests of the
child; or

(3) the child is being adopted by a parent that previously adopted a sibling of the child,
and it is determined by the child-placing agency that adoption by this parent is in the best
interests of the child.

For an Indian child covered by the Indian Child Welfare Act, a waiver must not be
granted unless the child-placing agency has complied with the placement preferences required
by the Indian Child Welfare Act, United States Code, title 25, section 1915(a).

(f) To meet the requirement of a documented search for an appropriate adoptive placement
under paragraph (d), clause (1), the child-placing agency minimally must:

(1) conduct a relative search as required by section 260C.221 and give consideration to
placement with a relative, as required by section 260C.212, subdivision 2;

(2) comply with the placement preferences required by the Indian Child Welfare Act
when the Indian Child Welfare Act, United States Code, title 25, section 1915(a), applies;

(3) locate prospective adoptive families by registering the child on the state adoption
exchange, as required under section 259.75; and

(4) if registration with the state adoption exchange does not result in the identification
of an appropriate adoptive placement, the agency must employ additional recruitment
methods prescribed by the commissioner.

(g) Once the legally responsible agency has determined that placement with an identified
parent is in the child's best interests and made full written disclosure about the child's social
and medical history, the agency must ask the prospective adoptive parent if the prospective
adoptive parent is willing to adopt the child without receiving adoption assistance under
this section. If the identified parent is either unwilling or unable to adopt the child without
adoption assistance, the legally responsible agency must provide documentation as prescribed
by the commissioner to fulfill the requirement to make a reasonable effort to place the child
without adoption assistance. If the identified parent is willing to adopt the child without
adoption assistance, the parent must provide a written statement to this effect to the legally
responsible agency and the statement must be maintained in the permanent adoption record
of the legally responsible agency. For children under guardianship of the commissioner,
the legally responsible agency shall submit a copy of this statement to the commissioner to
be maintained in the permanent adoption record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 19.

Minnesota Statutes 2018, section 256N.23, subdivision 6, is amended to read:

Subd. 6.

Exclusions.

The commissioner must not enter into an adoption assistance
agreement with the following individuals:

(1) a child's biological parent or stepparent;

(2) a child's relative under section 260C.007, subdivision 26b or 27, with whom the
child resided immediately prior to child welfare involvement unless:

(i) the child was in the custody of a Minnesota county or tribal agency pursuant to an
order under chapter 260C or equivalent provisions of tribal code and the agency had
placement and care responsibility for permanency planning for the child; and

(ii) the child is under guardianship of the commissioner of human services according to
the requirements of section 260C.325, subdivision 1 or 3, or is a ward of a Minnesota tribal
court after termination of parental rights, suspension of parental rights, or a finding by the
tribal court that the child cannot safely return to the care of the parent;

(3) an individual adopting a child who is the subject of a direct adoptive placement under
section 259.47 or the equivalent in tribal code;

(4) a child's legal custodian or guardian who is now adopting the child new text begin , except for a
relative custodian as defined in section 256N.02, subdivision 19, who is currently receiving
Northstar kinship assistance benefits new text end ; or

(5) an individual who is adopting a child who is not a citizen or resident of the United
States and was either adopted in another country or brought to the United States for the
purposes of adoption.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 20.

Minnesota Statutes 2018, section 256N.24, subdivision 1, is amended to read:

Subdivision 1.

Assessment.

(a) Each child eligible under sections 256N.21, 256N.22,
and 256N.23, must be assessed to determine the benefits the child may receive under section
256N.26, in accordance with the assessment tool, process, and requirements specified in
subdivision 2.

(b) If an agency applies the emergency foster care rate for initial placement under section
256N.26, the agency may wait up to 30 days to complete the initial assessment.

(c) Unless otherwise specified in paragraph (d), a child must be assessed at the basic
level, level B, or one of ten supplemental difficulty of care levels, levels C to L.

(d) An assessment must not be completed for:

(1) a child eligible for Northstar deleted text begin kinship assistance under section 256N.22 or deleted text end adoption
assistance under section 256N.23 who is determined to be an at-risk child. A child under
this clause must be assigned level A under section 256N.26, subdivision 1; and

(2) a child transitioning into Northstar Care for Children under section 256N.28,
subdivision 7, unless the commissioner determines an assessment is appropriate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 21.

Minnesota Statutes 2018, section 256N.24, subdivision 8, is amended to read:

Subd. 8.

Completing the special assessment.

(a) The special assessment must be
completed in consultation with the child's caregiver. Face-to-face contact with the caregiver
is not required to complete the special assessment.

(b) If a new special assessment is required prior to the effective date of the Northstar
kinship assistance agreement, it must be completed by the financially responsible agency,
in consultation with the legally responsible agency if different. If the prospective relative
custodian is unable or unwilling to cooperate with the special assessment process, the child
shall be assigned the basic level, level B under section 256N.26, subdivision 3 deleted text begin , unless the
child is known to be an at-risk child, in which case, the child shall be assigned level A under
section 256N.26, subdivision 1 deleted text end .

(c) If a special assessment is required prior to the effective date of the adoption assistance
agreement, it must be completed by the financially responsible agency, in consultation with
the legally responsible agency if different. If there is no financially responsible agency, the
special assessment must be completed by the agency designated by the commissioner. If
the prospective adoptive parent is unable or unwilling to cooperate with the special
assessment process, the child must be assigned the basic level, level B under section 256N.26,
subdivision 3, unless the child is known to be an at-risk child, in which case, the child shall
be assigned level A under section 256N.26, subdivision 1.

(d) Notice to the prospective relative custodians or prospective adoptive parents must
be provided as specified in subdivision 13.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 22.

Minnesota Statutes 2018, section 256N.24, subdivision 11, is amended to read:

Subd. 11.

Completion of reassessment.

(a) The reassessment must be completed in
consultation with the child's caregiver. Face-to-face contact with the caregiver is not required
to complete the reassessment.

(b) For foster children eligible under section 256N.21, reassessments must be completed
by the financially responsible agency, in consultation with the legally responsible agency
if different.

(c) If reassessment is required after the effective date of the Northstar kinship assistance
agreement, the reassessment must be completed by the financially responsible agency.

(d) If a reassessment is required after the effective date of the adoption assistance
agreement, it must be completed by the financially responsible agency or, if there is no
financially responsible agency, the agency designated by the commissioner.

(e) If the child's caregiver is unable or unwilling to cooperate with the reassessment, the
child must be assessed at level B under section 256N.26, subdivision 3, unless the child has
deleted text begin an deleted text end new text begin a Northstar new text end adoption assistance deleted text begin or Northstar kinship assistance deleted text end agreement in place and
is known to be an at-risk child, in which case the child must be assessed at level A under
section 256N.26, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 23.

Minnesota Statutes 2018, section 256N.24, subdivision 12, is amended to read:

Subd. 12.

Approval of initial assessments, special assessments, and reassessments.

(a)
Any agency completing initial assessments, special assessments, or reassessments must
designate one or more supervisors or other staff to examine and approve assessments
completed by others in the agency under subdivision 2. The person approving an assessment
must not be the case manager or staff member completing that assessment.

(b) In cases where a special assessment or reassessment for deleted text begin guardian deleted text end new text begin Northstar kinship new text end
assistance and adoption assistance is required under subdivision 8 or 11, the commissioner
shall review and approve the assessment as part of the eligibility determination process
outlined in section 256N.22, subdivision 7, for Northstar kinship assistance, or section
256N.23, subdivision 7, for adoption assistance. The assessment determines the maximum
for the negotiated agreement amount under section 256N.25.

(c) The new rate is effective the calendar month that the assessment is approved, or the
effective date of the agreement, whichever is later.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 24.

Minnesota Statutes 2018, section 256N.24, subdivision 14, is amended to read:

Subd. 14.

Assessment tool determines rate of benefits.

The assessment tool established
by the commissioner in subdivision 2 determines the monthly benefit level for children in
foster care. The monthly payment for deleted text begin guardian deleted text end new text begin Northstar kinship new text end assistance or adoption
assistance may be negotiated up to the monthly benefit level under foster care for those
children eligible for a payment under section 256N.26, subdivision 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 25.

Minnesota Statutes 2018, section 256N.28, subdivision 6, is amended to read:

Subd. 6.

Appeals and fair hearings.

(a) A caregiver has the right to appeal to the
commissioner under section 256.045 when eligibility for Northstar Care for Children is
denied, and when payment or the agreement for an eligible child is modified or terminated.

(b) deleted text begin A relative custodian or adoptive parent has additional rights to appeal to the
commissioner pursuant to section 256.045. These rights include when the commissioner
terminates or modifies the Northstar kinship assistance or adoption assistance agreement
or when the commissioner denies an application for Northstar kinship assistance or adoption
assistance. A prospective relative custodian or adoptive parent who disagrees with a decision
by the commissioner before transfer of permanent legal and physical custody or finalization
of the adoption may request review of the decision by the commissioner or may appeal the
decision under section 256.045. deleted text end A Northstar kinship assistance or adoption assistance
agreement must be signed and in effect before the court order that transfers permanent legal
and physical custody or the adoption finalization; however, in some cases, there may be
extenuating circumstances as to why an agreement was not entered into before finalization
of permanency for the child. Caregivers who believe that extenuating circumstances exist
new text begin as to why an agreement was not entered into before finalization of permanency new text end in the case
of their child may request a fair hearing. Caregivers have the responsibility of proving that
extenuating circumstances exist. Caregivers must be required to provide written
documentation of each eligibility criterion at the fair hearing. deleted text begin Examples of extenuating
circumstances include: relevant facts regarding the child were known by the placing agency
and not presented to the caregivers before transfer of permanent legal and physical custody
or finalization of the adoption, or failure by the commissioner or a designee to advise
potential caregivers about the availability of Northstar kinship assistance or adoption
assistance for children in the state foster care system. deleted text end If a human services judge finds through
the fair hearing process that extenuating circumstances existed and that the child met all new text begin
other new text end eligibility criteria at the time the transfer of permanent legal and physical custody was
ordered or the adoption was finalized, the effective date and any associated federal financial
participation shall be retroactive from the date of the request for a fair hearing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 26.

Minnesota Statutes 2018, section 259.241, is amended to read:

259.241 ADULT ADOPTION.

(a) Any adult person may be adopted, regardless of the adult person's residence. A
resident of Minnesota may petition the court of record having jurisdiction of adoption
proceedings to adopt an individual who has reached the age of 18 years or older.

(b) The consent of the person to be adopted shall be the only consent necessary, according
to section 259.24. The consent of an adult in the adult person's own adoption is invalid if
the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, or
if the person consenting to the adoption is determined not competent to give consent.

new text begin (c) Notwithstanding paragraph (b), a person in extended foster care under section
260C.451 may consent to the person's own adoption if the court of jurisdiction finds the
person competent to give consent.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end The decree of adoption establishes a parent-child relationship between the adopting
parent or parents and the person adopted, including the right to inherit, and also terminates
the parental rights deleted text begin and sibling relationship deleted text end between the adopted person and the adopted
person's birth parents deleted text begin and siblings deleted text end according to section 259.59.

deleted text begin (d) deleted text end new text begin (e) new text end If the adopted person requests a change of name, the adoption decree shall order
the name change.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 27.

Minnesota Statutes 2018, section 259.35, subdivision 1, is amended to read:

Subdivision 1.

Parental responsibilities.

Prior to commencing an investigation of the
suitability of proposed adoptive parents, a child-placing agency shall give the individuals
the following written notice in all capital letters at least one-eighth inch high:

"Minnesota Statutes, section 259.59, provides that upon legally adopting a child, adoptive
parents assume all the rights and responsibilities of birth parents. The responsibilities include
providing for the child's financial support and caring for health, emotional, and behavioral
problems. Except for subsidized adoptions under Minnesota Statutes, chapter deleted text begin 259A deleted text end new text begin 256N new text end ,
or any other provisions of law that expressly apply to adoptive parents and children, adoptive
parents are not eligible for state or federal financial subsidies besides those that a birth
parent would be eligible to receive for a child. Adoptive parents may not terminate their
parental rights to a legally adopted child for a reason that would not apply to a birth parent
seeking to terminate rights to a child. An individual who takes guardianship of a child for
the purpose of adopting the child shall, upon taking guardianship from the child's country
of origin, assume all the rights and responsibilities of birth and adoptive parents as stated
in this paragraph."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 28.

Minnesota Statutes 2018, section 259.37, subdivision 2, is amended to read:

Subd. 2.

Disclosure to birth parents and adoptive parents.

new text begin (a) new text end An agency shall provide
a disclosure statement written in clear, plain language to be signed by the prospective
adoptive parents and birth parents, except that in intercountry adoptions, the signatures of
birth parents are not required. The disclosure statement must contain the following
information:

(1) fees charged to the adoptive parent, including any policy on sliding scale fees or fee
waivers and an itemization of the amount that will be charged for the adoption study,
counseling, postplacement services, family of origin searches, birth parent expenses
authorized under section 259.55, or any other services;

(2) timeline for the adoptive parent to make fee payments;

(3) likelihood, given the circumstances of the prospective adoptive parent and any specific
program to which the prospective adoptive parent is applying, that an adoptive placement
may be made and the estimated length of time for making an adoptive placement. These
estimates must be based on adoptive placements made with prospective parents in similar
circumstances applying to a similar program with the agency during the immediately
preceding three to five years. If an agency has not been in operation for at least three years,
it must provide summary data based on whatever adoptive placements it has made and may
include a statement about the kind of efforts it will make to achieve an adoptive placement,
including a timetable it will follow in seeking a child. The estimates must include a statement
that the agency cannot guarantee placement of a child or a time by which a child will be
placed;

(4) a statement of the services the agency will provide the birth and adoptive parents;

(5) a statement prepared by the commissioner under section 259.39 that explains the
child placement and adoption process and the respective legal rights and responsibilities of
the birth parent and prospective adoptive parent during the process including a statement
that the prospective adoptive parent is responsible for filing an adoption petition not later
than 12 months after the child is placed in the prospective adoptive home;

(6) a statement regarding any information the agency may have about attorney referral
services, or about obtaining assistance with completing legal requirements for an adoption;
and

(7) an acknowledgment to be signed by the birth parent and prospective adoptive parent
that they have received, read, and had the opportunity to ask questions of the agency about
the contents of the disclosure statement.

new text begin (b) An agency responsible for a placement or an agency supervising the placement shall
obtain from the birth parents named on the original birth record an affidavit attesting to the
following:
new text end

new text begin (1) the birth parent has been informed of the right of the adopted person at the age
specified in section 259.89 to request from the agency the name, last known address,
birthdate, and birthplace of the birth parents named on the adopted person's original birth
record;
new text end

new text begin (2) each birth parent may file in the agency record an affidavit of nondisclosure objecting
to the release of any or all of the information listed in clause (1) about that birth parent only,
to the adopted person;
new text end

new text begin (3) if the birth parent does not file an affidavit of nondisclosure objecting to the release
of information before the adopted person reaches the age specified in section 259.89, the
agency may provide the adopted person with the information upon request;
new text end

new text begin (4) notwithstanding a birth parent's filed affidavit of nondisclosure, the adopted person
may petition the court according to section 259.61 for release of identifying information
about a birth parent. The birth parent must then have the opportunity to present evidence
to the court that nondisclosure of identifying information is of greater benefit to the birth
parent than disclosure to the adopted person;
new text end

new text begin (5) any objection filed by the birth parent becomes invalid when withdrawn by the birth
parent; and
new text end

new text begin (6) if the birth parent filed an affidavit of nondisclosure or the birth parent's file does
not contain an affidavit of disclosure, the agency shall release the identifying information
to the adopted person upon receipt of the birth parent's death record and a court order
authorizing disclosure under section 259.89, subdivision 5. A court order to release
information is not required when a birth parent's affidavit of disclosure is filed, and no
affidavit of nondisclosure was filed by either birth parent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 29.

Minnesota Statutes 2018, section 259.53, subdivision 4, is amended to read:

Subd. 4.

Preadoption residence.

No petition shall be granted new text begin under this chapter new text end until
the child shall have lived three months in the proposed home, subject to a right of visitation
by the commissioner or an agency or their authorized representatives.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 30.

Minnesota Statutes 2018, section 259.75, is amended to read:

259.75 STATE ADOPTION EXCHANGE.

Subdivision 1.

Establishment; contents; availability.

The commissioner of human
services shall establish deleted text begin an deleted text end new text begin a state new text end adoption exchange deleted text begin that contains a photograph and
description of deleted text end new text begin where new text end each child who has been legally freed for adoption new text begin is listed. The state
adoption exchange is an information and matching tool new text end . The new text begin state adoption new text end exchange deleted text begin service
shall deleted text end new text begin must new text end be available to all deleted text begin local social service agencies and licensed deleted text end new text begin authorized new text end
child-placing agencies new text begin in Minnesota, as defined in section 257.065, new text end whose purpose is to
assist in the adoptive placement of children.

Subd. 2.

deleted text begin Photograph and description deleted text end new text begin Submission of child's information new text end .

deleted text begin All local
social service agencies, and licensed deleted text end new text begin An authorized new text end child-placing deleted text begin agencies deleted text end new text begin agency new text end shall
deleted text begin send to deleted text end new text begin register on new text end the state adoption exchange deleted text begin , within 45 days of the time a child becomes
free for adoption, a recent photograph and description of deleted text end each child in deleted text begin its deleted text end new text begin the agency's new text end care
who has been legally freed for adoption deleted text begin by the termination of parental rights deleted text end , and for whom
no adoptive home has been found new text begin , within 45 days of the date the child became legally free
for adoption and in a format specified by the commissioner new text end .

Subd. 2a.

Listing deadline.

All children identified under subdivision 2 must be listed
on the state adoption exchange within 20 days of the receipt of the information from the
deleted text begin local social service agency or licensed deleted text end new text begin authorized new text end child-placing agency.

Subd. 3.

Changes in status.

new text begin The authorized child-placing agency shall report to the state
adoption exchange, in a format specified by the commissioner, new text end changes in the status of a
child deleted text begin listed in the state adoption exchange shall be reported by the local social service agency
and the licensed child-placing agency to the exchange deleted text end within ten working days after the
change occurs.

Subd. 4.

Updated information.

Children remaining registered for 12 months shall have
deleted text begin their photographs and written descriptions deleted text end updated new text begin registration completed new text end by the deleted text begin local social
service agency and the licensed deleted text end new text begin authorized new text end child-placing agency within ten working days
of the expiration of the 12 months, and deleted text begin every 12 months deleted text end new text begin annually new text end thereafter. new text begin The authorized
child-placing agency shall submit the registration update to the commissioner in a format
specified by the commissioner.
new text end

Subd. 5.

Withdrawal of registration.

A child's registration shall be withdrawn when
the deleted text begin exchange service deleted text end new text begin commissioner new text end has been notified in writing by the deleted text begin local social service
agency or the licensed deleted text end new text begin authorized new text end child-placing agency that the child has been placed in an
adoptive home deleted text begin or deleted text end new text begin ; new text end has died new text begin ; or is no longer under guardianship of the commissioner and is
no longer seeking a permanency resource new text end .

Subd. 6.

Periodic review of status.

new text begin (a) new text end The deleted text begin exchange service deleted text end new text begin commissioner new text end shall
deleted text begin semiannually check deleted text end new text begin review new text end the new text begin state adoption exchange new text end status of deleted text begin listed deleted text end children deleted text begin for whom
inquiries have been received. deleted text end new text begin , including a child whose registration was withdrawn pursuant
to subdivision 5. The commissioner may determine that a child who is unregistered or whose
registration has been deferred must be registered and require the authorized child-placing
agency to register the child on the state adoption exchange within ten working days of the
commissioner's determination.
new text end

new text begin (b) new text end Periodic deleted text begin checks deleted text end new text begin reviews new text end shall be made deleted text begin by the service deleted text end to determine the progress
toward adoption of deleted text begin those deleted text end children deleted text begin and the status of children deleted text end registered deleted text begin but never listed in deleted text end new text begin
on new text end the deleted text begin exchange book because of placement in an adoptive home prior to or at the time of
registration deleted text end new text begin state adoption exchange new text end .

Subd. 7.

Voluntary referral; required registration.

deleted text begin A local social service agency and
a licensed deleted text end new text begin An authorized new text end child-placing agency may voluntarily refer any child legally freed
for adoption to the exchange service; or the deleted text begin exchange service deleted text end new text begin commissioner new text end may determine
that the recruitment of an adoptive family through the new text begin state adoption new text end exchange deleted text begin book deleted text end is
appropriate for a child not registered with the service and require the child to be registered
with the new text begin state adoption new text end exchange service within ten working days new text begin of the commissioner's
determination new text end .

Subd. 8.

Reasons for deferral.

deleted text begin Deferral of the listing of deleted text end new text begin (a) An authorized child-placing
agency may defer new text end a child deleted text begin with deleted text end new text begin from registration on new text end the state adoption exchange deleted text begin shall be
only for one or more of the following reasons:
deleted text end

deleted text begin (a) the child is in an adoptive placement but is not legally adopted;
deleted text end

deleted text begin (b) deleted text end new text begin if new text end the child's foster parents or other individuals are now considering adoption deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (c) diagnostic study or testing is required to clarify the child's problem and provide an
adequate description; or
deleted text end

deleted text begin (d) the child is currently in a hospital and continuing need for daily professional care
will not permit placement in a family setting.
deleted text end

new text begin (b) new text end Approval of a request to defer deleted text begin listing for any of the reasons specified in paragraph
(b) or (c) deleted text end new text begin registration new text end shall be valid for a period not to exceed 90 days, with no subsequent
deferrals deleted text begin for those reasons. deleted text end new text begin unless determined by the commissioner to be in the best interests
of the child. The authorized child-placing agency shall submit a deferral request to the
commissioner in a format specified by the commissioner.
new text end

Subd. 9.

Rules; staff.

The commissioner of human services shall make rules new text begin , procedures,
requirements, and deadlines new text end as necessary to administer this section and shall employ
necessary staff to carry out the purposes of this section. new text begin The commissioner may contract
for portions of these services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 31.

Minnesota Statutes 2018, section 259.83, subdivision 1, is amended to read:

Subdivision 1.

Services provided.

Agencies shall provide assistance and counseling
services upon receiving a request for current information new text begin , to share information, or to facilitate
contact new text end from adoptive parents, birth parents, new text begin genetic siblings, new text end or adopted persons aged 19
years and over. The agency shall contact the other adult persons or the adoptive parents of
a minor child in a personal and confidential manner to determine whether there is a desire
to receive or share information or to have contact. If there is such a desire, the agency shall
provide the services requested. The agency shall provide services to adult genetic siblings
if there is no known violation of the confidentiality of a birth parent or if the birth parent
gives written consent. new text begin Any service provided by the agency shall be discontinued upon
request of any party receiving the service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 32.

Minnesota Statutes 2018, section 259.83, subdivision 1a, is amended to read:

Subd. 1a.

deleted text begin Social and medical history deleted text end new text begin Nonidentifying information new text end .

(a) If a person aged
19 years and over deleted text begin who was adopted on or after August 1, 1994, deleted text end or the adoptive parent
requests the detailed nonidentifying social and medical history of the adopted person's birth
family that was provided at the time of the adoption, agencies must provide the information
to the adopted person or adoptive parent on the new text begin applicable new text end form required under deleted text begin section deleted text end new text begin
sections new text end 259.43 new text begin and 260C.609 new text end .

(b) If an adopted person aged 19 years and over or the adoptive parent requests the
agency to contact the adopted person's birth parents to request current nonidentifying social
and medical history of the adopted person's birth family, agencies must use the new text begin applicable
new text end form required under deleted text begin section deleted text end new text begin sections new text end 259.43 new text begin and 260C.609 new text end when obtaining the information
for the adopted person or adoptive parent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 33.

Minnesota Statutes 2018, section 259.83, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Identifying information deleted text end new text begin Affidavit of disclosure or nondisclosure new text end .

deleted text begin In adoptive
placements made on and after August 1, 1982, the agency responsible for or supervising
the placement shall obtain from the birth parents named on the original birth record an
affidavit attesting to the following:
deleted text end

deleted text begin (a) that the birth parent has been informed of the right of the adopted person at the age
specified in section 259.89 to request from the agency the name, last known address, birthdate
and birthplace of the birth parents named on the adopted person's original birth record;
deleted text end

deleted text begin (b) that each birth parent may file in the agency record an affidavit objecting to the
release of any or all of the information listed in clause (a) about that birth parent, and that
parent only, to the adopted person;
deleted text end

deleted text begin (c) that if the birth parent does not file an affidavit objecting to release of information
before the adopted person reaches the age specified in section 259.89, the agency will
provide the adopted person with the information upon request;
deleted text end

deleted text begin (d) that notwithstanding the filing of an affidavit, the adopted person may petition the
court according to section 259.61 for release of identifying information about a birth parent;
deleted text end

deleted text begin (e) that the birth parent shall then have the opportunity to present evidence to the court
that nondisclosure of identifying information is of greater benefit to the birth parent than
disclosure to the adopted person; and
deleted text end

deleted text begin (f) that any objection filed by the birth parent shall become invalid when withdrawn by
the birth parent or when the birth parent dies. Upon receipt of a death record for the birth
parent, the agency shall release the identifying information to the adopted person if requested.
deleted text end

new text begin (a) Access to the original birth record of an adopted person is governed by section 259.89.
Upon receiving notice from the commissioner of a request for release of birth records, an
agency shall determine whether an affidavit of disclosure has been filed in the agency records
according to section 259.37, subdivision 2, paragraph (b).
new text end

new text begin (b) If an affidavit of disclosure was filed and no affidavit of nondisclosure was filed by
either birth parent according to section 259.37, subdivision 2, paragraph (b), the agency
shall provide the name, last known address, birthdate, and birthplace of the birth parents
named on the adopted person's original birth record. The agency shall not release a birth
parent's information if an affidavit of nondisclosure was filed by that birth parent, unless
authorized by court order.
new text end

new text begin (c) If an affidavit of disclosure was not filed, the agency shall make reasonable efforts
to locate and notify each birth parent of the request, of the right to file an affidavit of
nondisclosure according to section 259.37, subdivision 2, paragraph (b), clause (2), with
the state registrar, and of how filing or not filing an affidavit of disclosure or affidavit of
nondisclosure affects the release of the original birth record. For a birth parent who has
been located, an agency must follow the procedures outlined in section 259.37, subdivision
2, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 34.

Minnesota Statutes 2018, section 259A.75, subdivision 1, is amended to read:

Subdivision 1.

General information.

(a) Subject to the procedures required by the
commissioner and the provisions of this section, a Minnesota county new text begin or tribal agency new text end shall
receive a reimbursement from the commissioner equal to 100 percent of the reasonable and
appropriate cost for contracted adoption placement services identified for a specific child
that are not reimbursed under other federal or state funding sources.

(b) The commissioner may spend up to $16,000 for each purchase of service contract.
Only one contract per child per adoptive placement is permitted. Funds encumbered and
obligated under the contract for the child remain available until the terms of the contract
are fulfilled or the contract is terminated.

(c) The commissioner shall set aside an amount not to exceed five percent of the total
amount of the fiscal year appropriation from the state for the adoption assistance program
to reimburse a Minnesota county or tribal social services placing agency for child-specific
adoption placement services. When adoption assistance payments for children's needs exceed
95 percent of the total amount of the fiscal year appropriation from the state for the adoption
assistance program, the amount of reimbursement available to placing agencies for adoption
services is reduced correspondingly.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 35.

Minnesota Statutes 2018, section 259A.75, subdivision 2, is amended to read:

Subd. 2.

Purchase of service contract child eligibility criteria.

deleted text begin (a) deleted text end A child who is the
subject of a purchase of service contract must:

(1) have the goal of adoption, which may include an adoption in accordance with tribal
law;

(2) be under the guardianship of the commissioner of human services or be a ward of
tribal court pursuant to section 260.755, subdivision 20; and

(3) deleted text begin meet all of the deleted text end new text begin be a child with new text end special needs deleted text begin criteria deleted text end according to section deleted text begin 259A.10 deleted text end new text begin
256N.23 new text end , subdivision 2.

deleted text begin (b) A child under the guardianship of the commissioner must have an identified adoptive
parent and a fully executed adoption placement agreement according to section 260C.613,
subdivision 1, paragraph (a).
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 36.

Minnesota Statutes 2018, section 259A.75, subdivision 3, is amended to read:

Subd. 3.

Agency eligibility criteria.

(a) A Minnesota county new text begin or tribal new text end social services
agency shall deleted text begin receive reimbursement for deleted text end new text begin enter into a new text end child-specific new text begin agreement for new text end adoption
placement services for an eligible child that it purchases from a private adoption agency
licensed in Minnesota or any other state or tribal social services agency.

(b) Reimbursement for adoption services is available only for services new text begin approved through
a fully executed child-specific contract for adoption services and new text end provided prior to the date
of the adoption decree.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 37.

Minnesota Statutes 2018, section 259A.75, subdivision 4, is amended to read:

Subd. 4.

Application and eligibility determination.

(a) A county new text begin or tribal new text end social services
agency may request reimbursement of costs for adoption placement services by submitting
a complete purchase of service application, according to the requirements and procedures
and on forms prescribed by the commissioner.

(b) The commissioner shall determine eligibility for reimbursement of adoption placement
services. If determined eligible, the commissioner of human services shall sign the purchase
of service agreement, making this a fully executed contract. No reimbursement under this
section shall be made to an agency for services provided prior to the fully executed contract.

(c) Separate purchase of service agreements shall be made, and separate records
maintained, on each child. Only one agreement per child per adoptive placement is permitted.
For siblings who are placed together, services shall be planned and provided to best maximize
efficiency of the contracted hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 38.

Minnesota Statutes 2018, section 259A.75, subdivision 5, is amended to read:

Subd. 5.

Reimbursement process.

(a) The agency providing adoption services is
responsible to track and record all service activity, including billable hours, on a form
prescribed by the commissioner. The agency shall submit this form to the state for
reimbursement after services have been completed. new text begin Reimbursement may be made directly
to the county or tribal social services agency or private child-placing agency.
new text end

(b) The commissioner shall make the final determination whether or not the requested
reimbursement costs are reasonable and appropriate and if the services have been completed
according to the terms of the purchase of service agreement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 39.

Minnesota Statutes 2018, section 260.761, subdivision 2, is amended to read:

Subd. 2.

Agency and court notice to tribes.

(a) When a local social services agency
has information that a family assessment or investigation being conducted may involve an
Indian child, the local social services agency shall notify the Indian child's tribe of the family
assessment or investigation according to section 626.556, subdivision 10, paragraph deleted text begin (a) deleted text end new text begin (b) new text end ,
clause (5). Initial notice shall be provided by telephone and by e-mail or facsimile. The
local social services agency shall request that the tribe or a designated tribal representative
participate in evaluating the family circumstances, identifying family and tribal community
resources, and developing case plans.

(b) When a local social services agency has information that a child receiving services
may be an Indian child, the local social services agency shall notify the tribe by telephone
and by e-mail or facsimile of the child's full name and date of birth, the full names and dates
of birth of the child's biological parents, and, if known, the full names and dates of birth of
the child's grandparents and of the child's Indian custodian. This notification must be provided
so the tribe can determine if the child is enrolled in the tribe or eligible for membership,
and must be provided within seven days. If information regarding the child's grandparents
or Indian custodian is not available within the seven-day period, the local social services
agency shall continue to request this information and shall notify the tribe when it is received.
Notice shall be provided to all tribes to which the child may have any tribal lineage. If the
identity or location of the child's parent or Indian custodian and tribe cannot be determined,
the local social services agency shall provide the notice required in this paragraph to the
United States secretary of the interior.

(c) In accordance with sections 260C.151 and 260C.152, when a court has reason to
believe that a child placed in emergency protective care is an Indian child, the court
administrator or a designee shall, as soon as possible and before a hearing takes place, notify
the tribal social services agency by telephone and by e-mail or facsimile of the date, time,
and location of the emergency protective case hearing. The court shall make efforts to allow
appearances by telephone for tribal representatives, parents, and Indian custodians.

(d) A local social services agency must provide the notices required under this subdivision
at the earliest possible time to facilitate involvement of the Indian child's tribe. Nothing in
this subdivision is intended to hinder the ability of the local social services agency and the
court to respond to an emergency situation. Lack of participation by a tribe shall not prevent
the tribe from intervening in services and proceedings at a later date. A tribe may participate
at any time. At any stage of the local social services agency's involvement with an Indian
child, the agency shall provide full cooperation to the tribal social services agency, including
disclosure of all data concerning the Indian child. Nothing in this subdivision relieves the
local social services agency of satisfying the notice requirements in the Indian Child Welfare
Act.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 40.

Minnesota Statutes 2018, section 260C.101, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Provisions inapplicable to a child in foster care. new text end

new text begin If the court orders a child
placed under the protective care or legal custody of the responsible social services agency
pursuant to section 260C.151, subdivision 6; 260C.178; or 260C.201, then the provisions
of section 524.5-211 and chapter 257B have no force and effect and any delegation of power
by parent or guardian or designation of standby custodian are terminated by the court's
order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 41.

Minnesota Statutes 2018, section 260C.139, subdivision 3, is amended to read:

Subd. 3.

Status of child.

For purposes of proceedings under this chapter and adoption
proceedings, a newborn left at a safe place, pursuant to subdivision 3 and section 145.902,
is considered an abandoned child under section 626.556, subdivision 2, paragraph deleted text begin (o) deleted text end new text begin (r) new text end ,
clause (2). The child is abandoned under sections 260C.007, subdivision 6, clause (1), and
260C.301, subdivision 1, paragraph (b), clause (1).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 42.

Minnesota Statutes 2018, section 260C.171, subdivision 2, is amended to read:

Subd. 2.

Public inspection of records.

(a) The records from proceedings or portions of
proceedings involving a child in need of protection or services, permanency, or termination
of parental rights are accessible to the public as authorized by the Minnesota Rules of
Juvenile Protection Procedure deleted text begin . deleted text end new text begin , except that the court shall maintain the confidentiality of a
child's education, physical health, and mental health records or information. A petition filed
alleging a child to be habitually truant under section 260C.007, subdivision 6, clause (14),
is not part of the child's education record or information. The court shall maintain the
confidentiality of any record filed in proceedings under chapter 260D.
new text end

(b) None of the records relating to an appeal from a nonpublic juvenile court proceeding,
except the written appellate opinion, shall be open to public inspection or their contents
disclosed except by order of a court.

(c) The records of juvenile probation officers are records of the court for the purposes
of this subdivision. This subdivision applies to all proceedings under this chapter, including
appeals from orders of the juvenile court. The court shall maintain the confidentiality of
adoption files and records in accordance with the provisions of laws relating to adoptions.
In juvenile court proceedings any report or social history furnished to the court shall be
open to inspection by the attorneys of record and the guardian ad litem a reasonable time
before it is used in connection with any proceeding before the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 43.

Minnesota Statutes 2018, section 260C.178, subdivision 1, is amended to read:

Subdivision 1.

Hearing and release requirements.

(a) If a child was taken into custody
under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a
hearing within 72 hours of the time the child was taken into custody, excluding Saturdays,
Sundays, and holidays, to determine whether the child should continue in custody.

(b) Unless there is reason to believe that the child would endanger self or others or not
return for a court hearing, or that the child's health or welfare would be immediately
endangered, the child shall be released to the custody of a parent, guardian, custodian, or
other suitable person, subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as provided in section
260C.157, subdivision 1.

(c) If the court determines there is reason to believe that the child would endanger self
or others or not return for a court hearing, or that the child's health or welfare would be
immediately endangered if returned to the care of the parent or guardian who has custody
and from whom the child was removed, the court shall order the child into foster care under
the legal responsibility of the responsible social services agency or responsible probation
or corrections agency for the purposes of protective care as that term is used in the juvenile
court rules or into the home of a noncustodial parent and order the noncustodial parent to
comply with any conditions the court determines to be appropriate to the safety and care of
the child, including cooperating with paternity establishment proceedings in the case of a
man who has not been adjudicated the child's father. The court shall not give the responsible
social services legal custody and order a trial home visit at any time prior to adjudication
and disposition under section 260C.201, subdivision 1, paragraph (a), clause (3), but may
order the child returned to the care of the parent or guardian who has custody and from
whom the child was removed and order the parent or guardian to comply with any conditions
the court determines to be appropriate to meet the safety, health, and welfare of the child.

(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator of
domestic child abuse.

(e) The court, before determining whether a child should be placed in or continue in
foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1912(d), were made to prevent placement. The court shall enter a finding that the
responsible social services agency has made reasonable efforts to prevent placement when
the agency establishes either:

(1) that it has actually provided services or made efforts in an attempt to prevent the
child's removal but that such services or efforts have not proven sufficient to permit the
child to safely remain in the home; or

(2) that there are no services or other efforts that could be made at the time of the hearing
that could safely permit the child to remain home or to return home. When reasonable efforts
to prevent placement are required and there are services or other efforts that could be ordered
which would permit the child to safely return home, the court shall order the child returned
to the care of the parent or guardian and the services or efforts put in place to ensure the
child's safety. When the court makes a prima facie determination that one of the
circumstances under paragraph (g) exists, the court shall determine that reasonable efforts
to prevent placement and to return the child to the care of the parent or guardian are not
required.

If the court finds the social services agency's preventive or reunification efforts have
not been reasonable but further preventive or reunification efforts could not permit the child
to safely remain at home, the court may nevertheless authorize or continue the removal of
the child.

(f) The court may not order or continue the foster care placement of the child unless the
court makes explicit, individualized findings that continued custody of the child by the
parent or guardian would be contrary to the welfare of the child and that placement is in the
best interest of the child.

(g) At the emergency removal hearing, or at any time during the course of the proceeding,
and upon notice and request of the county attorney, the court shall determine whether a
petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14;

(2) the parental rights of the parent to another child have been involuntarily terminated;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);

(4) the parents' custodial rights to another child have been involuntarily transferred to a
relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph (e),
clause (1); section 260C.515, subdivision 4; or a similar law of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2,
against the child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable.

(h) When a petition to terminate parental rights is required under section 260C.301,
subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to
proceed with a termination of parental rights petition, and has instead filed a petition to
transfer permanent legal and physical custody to a relative under section 260C.507, the
court shall schedule a permanency hearing within 30 days of the filing of the petition.

(i) If the county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the petition except
when the county attorney determines that the criminal case shall proceed to trial first under
section 260C.503, subdivision 2, paragraph (c).

(j) If the court determines the child should be ordered into foster care and the child's
parent refuses to give information to the responsible social services agency regarding the
child's father or relatives of the child, the court may order the parent to disclose the names,
addresses, telephone numbers, and other identifying information to the responsible social
services agency for the purpose of complying with sections 260C.151, 260C.212, 260C.215,
and 260C.221.

(k) If a child ordered into foster care has siblings deleted text begin , whether full, half, or step, deleted text end who are
also ordered into foster care, the court shall inquire of the responsible social services agency
of the efforts to place the children together as required by section 260C.212, subdivision 2,
paragraph (d), if placement together is in each child's best interests, unless a child is in
placement for treatment or a child is placed with a previously noncustodial parent who is
not a parent to all siblings. If the children are not placed together at the time of the hearing,
the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place
the siblings together, as required under section 260.012. If any sibling is not placed with
another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing
contact among the siblings as required under section 260C.212, subdivision 1, unless it is
contrary to the safety or well-being of any of the siblings to do so.

(l) When the court has ordered the child into foster care or into the home of a noncustodial
parent, the court may order a chemical dependency evaluation, mental health evaluation,
medical examination, and parenting assessment for the parent as necessary to support the
development of a plan for reunification required under subdivision 7 and section 260C.212,
subdivision 1, or the child protective services plan under section 626.556, subdivision 10,
and Minnesota Rules, part 9560.0228.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 44.

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

Subdivision 1.

Out-of-home placement; plan.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) the child's grade level performance;

(iii) the child's school record;

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

(v) any other relevant educational information;

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

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

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

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

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

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

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

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

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

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

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

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

(iv) the child's medications; and

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

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

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

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

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

(v) planning for housing;

(vi) social and recreational skills;

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

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

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

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

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

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

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, deleted text begin as appropriate, deleted text end and the child deleted text begin , deleted text end if deleted text begin appropriate deleted text end new text begin 14 years of age or older new text end ,
must be provided with a current copy of the child's health and education record deleted text begin . deleted text end new text begin and, for a
child who meets the conditions in subdivision 15, paragraph (b), the child's social and
medical history. A child younger than 14 years of age may be given a copy of the child's
health and education record and social and medical history, if appropriate and applicable
according to subdivision 15, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 45.

Minnesota Statutes 2018, section 260C.212, subdivision 2, is amended to read:

Subd. 2.

Placement decisions based on best interests of the child.

(a) The policy of
the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of how the selected placement
will serve the needs of the child being placed. The authorized child-placing agency shall
new text begin assess a noncustodial or nonadjudicated parent's capacity and willingness to provide for the
day-to-day care of a child pursuant to section 260C.219. Upon assessment, if a noncustodial
or nonadjudicated parent cannot provide for the day-to-day care of a child, the authorized
child-placing agency shall new text end place a child, released by court order or by voluntary release by
the parent or parents, in a family foster home selected by considering placement with relatives
and important friends in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption new text begin ,
including the legal parent, guardian, or custodian of the child's sibling new text end ; or

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

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

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

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

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

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

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

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

(8) the child's interests and talents;

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 46.

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

new text begin Subd. 15. new text end

new text begin Social and medical history. new text end

new text begin (a) The commissioner shall develop forms for
the responsible social services agency to complete a child's social and medical history. The
responsible social services agency shall work with the child's birth family, foster family,
medical and treatment providers, and school to ensure each child has a detailed and up-to-date
social and medical history on the forms provided by the commissioner.
new text end

new text begin (b) If the child continues in foster care, the responsible social services agency must begin
reasonable efforts to complete the child's social and medical history no later than the
permanency progress review hearing required in section 260C.204 or six months after the
child's placement in foster care, whichever occurs earlier.
new text end

new text begin (c) A child's social and medical history must include background and health history
specific to the child, the child's birth parents, and the child's other birth relatives. Applicable
background and health information about the child includes the child's current health
condition, behavior, and demeanor; placement history; education history; sibling information;
and birth, medical, dental, and immunization information. Redacted copies of pertinent
records, assessments, and evaluations must be attached to the child's social and medical
history. Applicable background information about the child's birth parents and other birth
relatives includes general background information; education and employment histories;
physical and mental health histories; and reasons for the child's placement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 47.

Minnesota Statutes 2018, section 260C.219, is amended to read:

260C.219 AGENCY RESPONSIBILITIES FOR PARENTS AND CHILDREN IN
PLACEMENT.

(a) When a child is in foster care, the responsible social services agency shall make
diligent efforts to identify, locate, and, where appropriate, offer services to both parents of
the child.

(1) The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this clause may include, but is not
limited to, obtaining information under section 260C.209. If after assessment, the responsible
social services agency determines that a noncustodial or nonadjudicated parent is willing
and capable of providing day-to-day care of the child, the responsible social services agency
may seek authority from the custodial parent or the court to have that parent assume
day-to-day care of the child. If a parent is not an adjudicated parent, the responsible social
services agency shall require the nonadjudicated parent to cooperate with paternity
establishment procedures as part of the case plan.

(2) If, after assessment, the responsible social services agency determines that the child
cannot be in the day-to-day care of either parent, the agency shall:

(i) prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and

(ii) provide a parent who is the subject of a background study under section 260C.209
15 days' notice that it intends to use the study to recommend against putting the child with
that parent, and the court shall afford the parent an opportunity to be heard concerning the
study.

The results of a background study of a noncustodial parent shall not be used by the
agency to determine that the parent is incapable of providing day-to-day care of the child
unless the agency reasonably believes that placement of the child into the home of that
parent would endanger the child's health, safety, or welfare.

(3) If, after the provision of services following an out-of-home placement plan under
this section, the child cannot return to the care of the parent from whom the child was
removed or who had legal custody at the time the child was placed in foster care, the agency
may petition on behalf of a noncustodial parent to establish legal custody with that parent
under section 260C.515, subdivision 4. If paternity has not already been established, it may
be established in the same proceeding in the manner provided for under chapter 257.

(4) The responsible social services agency may be relieved of the requirement to locate
and offer services to both parents by the juvenile court upon a finding of good cause after
the filing of a petition under section 260C.141.

(b) The responsible social services agency shall give notice to the parent or guardian of
each child in foster care, other than a child in voluntary foster care for treatment under
chapter 260D, of the following information:

(1) that the child's placement in foster care may result in termination of parental rights
or an order permanently placing the child out of the custody of the parent, but only after
notice and a hearing as required under this chapter and the juvenile court rules;

(2) time limits on the length of placement and of reunification services, including the
date on which the child is expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise permanently removed from the
care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of foster care as soon as possible,
preferably by returning the child home, but if that is not possible, through a permanent legal
placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any, of the parent or parents for the
support of the child during the period the child is in foster care.

(c) The responsible social services agency shall inform a parent considering voluntary
placement of a child under section 260C.227 of the following information:

(1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary placement, and a parent who enters
a voluntary placement agreement may at any time request that the agency return the child.
If the parent so requests, the child must be returned within 24 hours of the receipt of the
request;

(3) evidence gathered during the time the child is voluntarily placed may be used at a
later time as the basis for a petition alleging that the child is in need of protection or services
or as the basis for a petition seeking termination of parental rights or other permanent
placement of the child away from the parent;

(4) if the responsible social services agency files a petition alleging that the child is in
need of protection or services or a petition seeking the termination of parental rights or other
permanent placement of the child away from the parent, the parent would have the right to
appointment of separate legal counsel and the child would have a right to the appointment
of counsel and a guardian ad litem as provided by law, and that counsel will be appointed
at public expense if they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary placements under section
260C.212, subdivision 3, and the effect the time spent in voluntary placement on the
scheduling of a permanent placement determination hearing under sections 260C.503 to
260C.521.

(d) When an agency accepts a child for placement, the agency shall determine whether
the child has had a physical examination by or under the direction of a licensed physician
within the 12 months immediately preceding the date when the child came into the agency's
care. If there is documentation that the child has had an examination within the last 12
months, the agency is responsible for seeing that the child has another physical examination
within one year of the documented examination and annually in subsequent years. If the
agency determines that the child has not had a physical examination within the 12 months
immediately preceding placement, the agency shall ensure that the child has an examination
within 30 days of coming into the agency's care and once a year in subsequent years.

(e) Whether under state guardianship or not, if a child leaves foster care by reason of
having attained the age of majority under state law, the child must be given at no cost a
copy of the child's social and medical history, as defined in section deleted text begin 259.43 deleted text end new text begin 260C.212,
subdivision 15 new text end , deleted text begin and deleted text end new text begin including the child's health and new text end education report.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 48.

Minnesota Statutes 2018, section 260C.451, subdivision 9, is amended to read:

Subd. 9.

Administrative or court review of placements.

(a) The court shall conduct
reviews at least annually to ensure the responsible social services agency is making
reasonable efforts to finalize the permanency plan for the child new text begin , including reasonable efforts
to finalize an adoption, if applicable new text end .

(b) The court shall find that the responsible social services agency is making reasonable
efforts to finalize the permanency plan for the child when the responsible social services
agency:

(1) provides appropriate support to the child and foster care provider to ensure continuing
stability and success in placement;

(2) works with the child to plan for transition to adulthood and assists the child in
demonstrating progress in achieving related goals;

(3) works with the child to plan for independent living skills and assists the child in
demonstrating progress in achieving independent living goals; and

(4) prepares the child for independence according to sections 260C.203, paragraph (d),
and 260C.452, subdivision 4.

(c) The responsible social services agency must ensure that an administrative review
that meets the requirements of this section and section 260C.203 is completed at least six
months after each of the court's annual reviews.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 49.

Minnesota Statutes 2018, section 260C.503, subdivision 2, is amended to read:

Subd. 2.

Termination of parental rights.

(a) The responsible social services agency
must ask the county attorney to immediately file a termination of parental rights petition
when:

(1) the child has been subjected to egregious harm as defined in section 260C.007,
subdivision 14;

(2) the child is determined to be the sibling of a child who was subjected to egregious
harm;

(3) the child is an abandoned infant as defined in section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the child's parent has lost parental rights to another child through an order involuntarily
terminating the parent's rights;

(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 2,
against the child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) another child of the parent is the subject of an order involuntarily transferring
permanent legal and physical custody of the child to a relative under this chapter or a similar
law of another jurisdiction;

The county attorney shall file a termination of parental rights petition unless the conditions
of paragraph (d) are met.

(b) When the termination of parental rights petition is filed under this subdivision, the
responsible social services agency shall identify, recruit, and approve an adoptive family
for the child. If a termination of parental rights petition has been filed by another party, the
responsible social services agency shall be joined as a party to the petition.

(c) If criminal charges have been filed against a parent arising out of the conduct alleged
to constitute egregious harm, the county attorney shall determine which matter should
proceed to trial first, consistent with the best interests of the child and subject to the
defendant's right to a speedy trial.

(d) The requirement of paragraph (a) does not apply if the responsible social services
agency and the county attorney determine and file with the court:

(1) a petition for transfer of permanent legal and physical custody to a relative under
sections 260C.505 and 260C.515, subdivision deleted text begin 3 deleted text end new text begin 4 new text end , including a determination that adoption
is not in the child's best interests and that transfer of permanent legal and physical custody
is in the child's best interests; or

(2) a petition under section 260C.141 alleging the child, and where appropriate, the
child's siblings, to be in need of protection or services accompanied by a case plan prepared
by the responsible social services agency documenting a compelling reason why filing a
termination of parental rights petition would not be in the best interests of the child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 50.

Minnesota Statutes 2018, section 260C.515, subdivision 3, is amended to read:

Subd. 3.

Guardianship; commissioner.

The court may order guardianship to the
commissioner of human services under the following procedures and conditions:

(1) there is an identified prospective adoptive parent agreed to by the responsible social
services agency having legal custody of the child pursuant to court order under this chapter
and that prospective adoptive parent has agreed to adopt the child;

(2) the court accepts the parent's voluntary consent to adopt in writing on a form
prescribed by the commissioner, executed before two competent witnesses and confirmed
by the consenting parent before the court or executed before the court. The consent shall
contain notice that consent given under this chapter:

(i) is irrevocable upon acceptance by the court unless fraud is established and an order
is issued permitting revocation as stated in clause (9) unless the matter is governed by the
Indian Child Welfare Act, United States Code, title 25, section 1913(c); and

(ii) will result in an order that the child is under the guardianship of the commissioner
of human services;

(3) a consent executed and acknowledged outside of this state, either in accordance with
the law of this state or in accordance with the law of the place where executed, is valid;

(4) the court must review the matter at least every 90 days under section 260C.317;

(5) a consent to adopt under this subdivision vests guardianship of the child with the
commissioner of human services and makes the child a ward of the commissioner of human
services under section 260C.325;

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

(7) if an adoption is not finalized by the identified prospective adoptive parent within
six months of the execution of the consent to adopt under this clause, the responsible social
services agency shall pursue adoptive placement in another home unless the court finds in
a hearing under section 260C.317 that the failure to finalize is not due to either an action
or a failure to act by the prospective adoptive parent;

(8) notwithstanding clause (7), the responsible social services agency must pursue
adoptive placement in another home as soon as the agency determines that finalization of
the adoption with the identified prospective adoptive parent is not possible, that the identified
prospective adoptive parent is not willing to adopt the child, or that the identified prospective
adoptive parent is not cooperative in completing the steps necessary to finalize the adoption new text begin .
The court may order a termination of parental rights under subdivision 2 new text end ; and

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 51.

Minnesota Statutes 2018, section 260C.515, subdivision 4, is amended to read:

Subd. 4.

Custody to relative.

The court may order permanent legal and physical custody
to a fit and willing relative in the best interests of the child according to the following
requirements:

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

(2) in transferring permanent legal and physical custody to a relative, the juvenile court
shall follow the standards applicable under this chapter and chapter 260, and the procedures
in the Minnesota Rules of Juvenile Protection Procedure;

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

(4) a permanent legal and physical custodian may not return a child to the permanent
care of a parent from whom the court removed custody without the court's approval and
without notice to the responsible social services agency;

(5) the social services agency may file a petition naming a fit and willing relative as a
proposed permanent legal and physical custodian. A petition for transfer of permanent legal
and physical custody to a relative who is not a parent shall be accompanied by a kinship
placement agreement under section 256N.22, subdivision 2, between the agency and proposed
permanent legal and physical custodian;

(6) another party to the permanency proceeding regarding the child may file a petition
to transfer permanent legal and physical custody to a relative. The petition must include
facts upon which the court can make the determination required under clause (7) and must
be filed not later than the date for the required admit-deny hearing under section 260C.507;
or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must
be filed not later than 30 days prior to the trial required under section 260C.509;

(7) where a petition is for transfer of permanent legal and physical custody to a relative
who is not a parent, the court must find that:

(i) transfer of permanent legal and physical custody and receipt of Northstar kinship
assistance under chapter 256N, when requested and the child is eligible, are in the child's
best interests;

(ii) adoption is not in the child's best interests based on the determinations in the kinship
placement agreement required under section 256N.22, subdivision 2;

(iii) the agency made efforts to discuss adoption with the child's parent or parents, or
the agency did not make efforts to discuss adoption and the reasons why efforts were not
made; and

(iv) there are reasons to separate siblings during placement, if applicable deleted text begin ; deleted text end new text begin . The court
may find there is a reason to separate siblings when the court finds both (A) that the
responsible social services agency made reasonable efforts to place siblings together, and
(B) that placing siblings together is not in the best interest of one or more of the siblings;
new text end

(8) the court may defer finalization of an order transferring permanent legal and physical
custody to a relative when deferring finalization is necessary to determine eligibility for
Northstar kinship assistance under chapter 256N;

(9) the court may finalize a permanent transfer of physical and legal custody to a relative
regardless of eligibility for Northstar kinship assistance under chapter 256N; deleted text begin and
deleted text end

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

new text begin (11) after finalization of the transfer of permanent legal and physical custody to a relative
who is not a parent, the court administrator must mail a copy of the final order to the
commissioner of human services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 52.

Minnesota Statutes 2018, section 260C.605, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

(a) Reasonable efforts to finalize the adoption of a child
under the guardianship of the commissioner shall be made by the responsible social services
agency responsible for permanency planning for the child.

(b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent who
will commit to being the permanent resource for the child in the event the child cannot be
reunified with a parent are required under section 260.012 and may be made concurrently
with reasonable, or if the child is an Indian child, active efforts to reunify the child with the
parent.

(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under section
260C.204.

(d) Reasonable efforts to finalize the adoption of the child include new text begin but are not limited
to new text end :

(1) using age-appropriate engagement strategies to plan for adoption with the child;

(2) deleted text begin identifying an appropriate prospective adoptive parent for the child by deleted text end updating the
child's identified needs using the factors in section 260C.212, subdivision 2;

(3) deleted text begin making an adoptive placement that meets the child's needs by:
deleted text end

deleted text begin (i) deleted text end completing or updating the relative search required under section 260C.221 and giving
notice of the need for an adoptive home for the child to new text begin a child's relative who new text end :

deleted text begin (A) relatives who have deleted text end new text begin (i) new text end kept the agency or the court apprised of deleted text begin their deleted text end new text begin the relative's new text end
whereabouts and who deleted text begin have deleted text end new text begin has new text end indicated an interest in adopting the child; or

deleted text begin (B) relatives of the child who are deleted text end new text begin (ii) is new text end located in an updated search deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (ii) deleted text end An updated search is required whenever:

(A) there is no identified prospective adoptive placement for the child notwithstanding
a finding by the court that the agency made diligent efforts under section 260C.221, in a
hearing required under section 260C.202;

(B) the child is removed from the home of an adopting parent; or

(C) the court determines a relative search by the agency is in the best interests of the
child;

deleted text begin (iii) deleted text end new text begin (4) new text end engaging the child's foster parent and the child's deleted text begin relatives deleted text end new text begin relative new text end identified as
an adoptive resource during the search conducted under section 260C.221, to commit to
being the prospective adoptive parent of the child; deleted text begin or
deleted text end

deleted text begin (iv) deleted text end new text begin (5) new text end when there is no identified prospective adoptive parent:

deleted text begin (A) deleted text end new text begin (i) new text end registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exception to placing the child on the state
adoption exchange reported to the commissioner;

deleted text begin (B) deleted text end new text begin (ii) new text end reviewing all families with approved adoption home studies associated with the
responsible social services agency;

deleted text begin (C) deleted text end new text begin (iii) new text end presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;

deleted text begin (D) deleted text end new text begin (iv) new text end using deleted text begin newspapers and other deleted text end media new text begin as appropriate new text end to promote the particular child;

deleted text begin (E) deleted text end new text begin (v) new text end using a private agency under grant contract with the commissioner to provide
adoption services for intensive child-specific recruitment efforts; and

deleted text begin (F) deleted text end new text begin (vi) new text end making any other efforts or using any other resources reasonably calculated to
identify a prospective adoption parent for the child;

deleted text begin (4) deleted text end new text begin (6) new text end updating and completing the social and medical history required under sections
deleted text begin 259.43 deleted text end new text begin 260C.212, subdivision 15, new text end and 260C.609;

deleted text begin (5) deleted text end new text begin (7) new text end making, and keeping updated, appropriate referrals required by section 260.851,
the Interstate Compact on the Placement of Children;

deleted text begin (6) deleted text end new text begin (8) new text end giving notice regarding the responsibilities of an adoptive parent to any prospective
adoptive parent as required under section deleted text begin 259.35 deleted text end new text begin 260C.611, paragraph (b) new text end ;

deleted text begin (7) deleted text end new text begin (9) new text end offering the adopting parent the opportunity to apply for or decline adoption
assistance under chapter deleted text begin 259A deleted text end new text begin 256N new text end ;

deleted text begin (8) deleted text end new text begin (10) new text end certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of payment
if the adopting parent has applied for adoption assistance;

deleted text begin (9) deleted text end new text begin (11) new text end placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and

deleted text begin (10) deleted text end new text begin (12) new text end working with the adopting parent to file a petition to adopt the child and with
the court administrator to obtain a timely hearing to finalize the adoption.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 53.

Minnesota Statutes 2018, section 260C.607, subdivision 6, is amended to read:

Subd. 6.

Motion and hearing to order adoptive placement.

(a) At any time after the
district court orders the child under the guardianship of the commissioner of human services,
but not later than 30 days after receiving notice required under section 260C.613, subdivision
1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's
foster parent may file a motion for an order for adoptive placement of a child who is under
the guardianship of the commissioner if the relative or the child's foster parent:

(1) has an adoption home study under section deleted text begin 259.41 deleted text end new text begin 260C.611 new text end approving the relative
or foster parent for adoption and has been a resident of Minnesota for at least six months
before filing the motion; the court may waive the residency requirement for the moving
party if there is a reasonable basis to do so; or

(2) is not a resident of Minnesota, but has an approved adoption home study by an agency
licensed or approved to complete an adoption home study in the state of the individual's
residence and the study is filed with the motion for adoptive placement.

(b) The motion shall be filed with the court conducting reviews of the child's progress
toward adoption under this section. The motion and supporting documents must make a
prima facie showing that the agency has been unreasonable in failing to make the requested
adoptive placement. The motion must be served according to the requirements for motions
under the Minnesota Rules of Juvenile Protection Procedure and shall be made on all
individuals and entities listed in subdivision 2.

(c) If the motion and supporting documents do not make a prima facie showing for the
court to determine whether the agency has been unreasonable in failing to make the requested
adoptive placement, the court shall dismiss the motion. If the court determines a prima facie
basis is made, the court shall set the matter for evidentiary hearing.

(d) At the evidentiary hearing, the responsible social services agency shall proceed first
with evidence about the reason for not making the adoptive placement proposed by the
moving party. The moving party then has the burden of proving by a preponderance of the
evidence that the agency has been unreasonable in failing to make the adoptive placement.

(e) At the conclusion of the evidentiary hearing, if the court finds that the agency has
been unreasonable in failing to make the adoptive placement and that the relative or the
child's foster parent is the most suitable adoptive home to meet the child's needs using the
factors in section 260C.212, subdivision 2, paragraph (b), the court may order the responsible
social services agency to make an adoptive placement in the home of the relative or the
child's foster parent.

(f) If, in order to ensure that a timely adoption may occur, the court orders the responsible
social services agency to make an adoptive placement under this subdivision, the agency
shall:

(1) make reasonable efforts to obtain a fully executed adoption placement agreement;

(2) work with the moving party regarding eligibility for adoption assistance as required
under chapter deleted text begin 259A deleted text end new text begin 256N new text end ; and

(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval
of the adoptive placement through the Interstate Compact on the Placement of Children.

(g) Denial or granting of a motion for an order for adoptive placement after an evidentiary
hearing is an order which may be appealed by the responsible social services agency, the
moving party, the child, when age ten or over, the child's guardian ad litem, and any
individual who had a fully executed adoption placement agreement regarding the child at
the time the motion was filed if the court's order has the effect of terminating the adoption
placement agreement. An appeal shall be conducted according to the requirements of the
Rules of Juvenile Protection Procedure.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 54.

Minnesota Statutes 2018, section 260C.609, is amended to read:

260C.609 SOCIAL AND MEDICAL HISTORY.

deleted text begin (a) The responsible social services agency shall work with the birth family of the child,
foster family, medical and treatment providers, and the child's school to ensure there is a
detailed, thorough, and currently up-to-date social and medical history of the child as required
under section 259.43 on the forms required by the commissioner.
deleted text end

deleted text begin (b) When the child continues in foster care, the agency's reasonable efforts to complete
the history shall begin no later than the permanency progress review hearing required under
section 260C.204 or six months after the child's placement in foster care.
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end The agency shall thoroughly discuss the child's history with the deleted text begin adopting deleted text end new text begin
prospective adoptive new text end parent of the child and shall give a new text begin redacted new text end copy of the report of the
child's social and medical history new text begin including redacted attachments as described in section
260C.212, subdivision 15, new text end to the deleted text begin adopting deleted text end new text begin prospective adoptive new text end parent. new text begin If the prospective
adoptive parent does not pursue adoption of the child, the prospective adoptive parent must
return to the agency the child's social and medical history including redacted attachments. new text end
A new text begin redacted new text end copy of the child's social and medical history may also be given to the child deleted text begin , as
appropriate deleted text end new text begin according to section 260C.212, subdivision 1 new text end .

deleted text begin (d) deleted text end new text begin (b) new text end The report shall not include information that identifies birth relatives. Redacted
copies of all the child's relevant evaluations, assessments, and records must be attached to
the social and medical history.

new text begin (c) The agency must: (1) submit the child's social and medical history to the Department
of Human Services at the time the adoption placement agreement is submitted; and (2) file
the child's social and medical history with the court when the adoption petition is filed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 55.

Minnesota Statutes 2018, section 260C.611, is amended to read:

260C.611 ADOPTION STUDY REQUIRED.

(a) An adoption study under section 259.41 approving placement of the child in the
home of the prospective adoptive parent shall be completed before placing any child under
the guardianship of the commissioner in a home for adoption. If a prospective adoptive
parent has a current child foster care license under chapter 245A and is seeking to adopt a
foster child who is placed in the prospective adoptive parent's home and is under the
guardianship of the commissioner according to section 260C.325, subdivision 1, the child
foster care home study meets the requirements of this section for an approved adoption
home study if:

(1) the written home study on which the foster care license was based is completed in
the commissioner's designated format, consistent with the requirements in sections 259.41,
subdivision 2; and 260C.215, subdivision 4, clause (5); and Minnesota Rules, part 2960.3060,
subpart 4;

(2) the background studies on each prospective adoptive parent and all required household
members were completed according to section 245C.33;

(3) the commissioner has not issued, within the last three years, a sanction on the license
under section 245A.07 or an order of a conditional license under section 245A.06; and

(4) the legally responsible agency determines that the individual needs of the child are
being met by the prospective adoptive parent through an assessment under section 256N.24,
subdivision 2, or a documented placement decision consistent with section 260C.212,
subdivision 2.

new text begin (b) Before investigating the suitability of a prospective adoptive parent for a child under
guardianship of the commissioner, a child-placing agency shall give the prospective adoptive
parent the following written notice in all capital letters at least one-eighth inch high:
"Minnesota Statutes, section 260C.635, provides that upon legally adopting a child under
guardianship of the commissioner, an adoptive parent assumes all the rights and
responsibilities of a birth parent. The responsibilities include providing for the child's
financial support and caring for the child's health and emotional and behavioral problems.
Except for a subsidized adoption under Minnesota Statutes, chapter 256N, or any other
provision of law that expressly applies to an adoptive parent and child, an adoptive parent
is not eligible for state or federal financial subsidies aside from those that a birth parent
would be eligible to receive for a child. An adoptive parent may not terminate the adoptive
parent's parental rights to a legally adopted child for a reason that would not apply to a birth
parent seeking to terminate rights to a child."
new text end

deleted text begin (b) deleted text end new text begin (c) new text end If a prospective adoptive parent has previously held a foster care license or
adoptive home study, any update necessary to the foster care license, or updated or new
adoptive home study, if not completed by the licensing authority responsible for the previous
license or home study, shall include collateral information from the previous licensing or
approving agency, if available.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 56.

Minnesota Statutes 2018, section 260C.613, subdivision 6, is amended to read:

Subd. 6.

Death notification.

(a) The agency shall inform the adoptive parents that the
adoptive parents of an adopted child under age 19 or an adopted person age 19 or older may
maintain a current address on file with the agency and indicate a desire to be notified if the
agency receives information of the death of a birth parent. The agency shall notify birth
parents of the child's death and the cause of death, if known, provided that the birth parents
desire notice and maintain current addresses on file with the agency. The agency shall inform
birth parents entitled to notice under section deleted text begin 259.27 deleted text end new text begin 259.49 new text end that they may designate
individuals to notify the agency if a birth parent dies and that the agency receiving
information of the birth parent's death will share the information with adoptive parents, if
the adopted person is under age 19, or an adopted person age 19 or older who has indicated
a desire to be notified of the death of a birth parent and who maintains a current address on
file with the agency.

(b) Notice to a birth parent that a child has died or to the adoptive parents or an adopted
person age 19 or older that a birth parent has died shall be provided by an employee of the
agency through personal and confidential contact, but not by mail.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 57.

Minnesota Statutes 2018, section 260C.615, subdivision 1, is amended to read:

Subdivision 1.

Duties.

(a) For any child who is under the guardianship of the
commissioner, the commissioner has the exclusive rights to consent to:

(1) the medical care plan for the treatment of a child who is at imminent risk of death
or who has a chronic disease that, in a physician's judgment, will result in the child's death
in the near future including a physician's order not to resuscitate or intubate the child; and

(2) the child donating a part of the child's body to another person while the child is living;
the decision to donate a body part under this clause shall take into consideration the child's
wishes and the child's culture.

(b) In addition to the exclusive rights under paragraph (a), the commissioner has a duty
to:

(1) process any complete and accurate request for home study and placement through
the Interstate Compact on the Placement of Children under section 260.851;

(2) process any complete and accurate application for adoption assistance forwarded by
the responsible social services agency according to deleted text begin chapter deleted text end new text begin chapters new text end new text begin 256N and new text end 259A;

(3) deleted text begin complete the execution of deleted text end new text begin review and process new text end an adoption placement agreement
forwarded to the commissioner by the responsible social services agency and return it to
the agency in a timely fashion; and

(4) maintain records as required in chapter 259.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 58.

Minnesota Statutes 2018, section 260C.623, subdivision 3, is amended to read:

Subd. 3.

Requirements of petition.

(a) The petition shall be captioned in the legal name
of the child as that name is reflected on the child's birth record prior to adoption and shall
be entitled "Petition to Adopt Child under the Guardianship of the Commissioner of Human
Services." The actual name of the child shall be supplied to the court by the responsible
social services agency if unknown to the individual with whom the agency has made the
adoptive placement.

(b) The adoption petition shall be verified as required in section 260C.141, subdivision
4, and, if filed by the responsible social services agency, signed and approved by the county
attorney.

(c) The petition shall state:

(1) the full name, age, and place of residence of the adopting parent;

(2) if the adopting parents are married, the date and place of marriage;

(3) the date the new text begin child was physically placed in the home of the new text end adopting parent deleted text begin acquired
physical custody of the child deleted text end new text begin , if applicable new text end ;

(4) the date of the adoptive placement by the responsible social services agency;

(5) the date of the birth of the child, if known, and the county, state, and country where
born;

(6) the name to be given the child, if a change of name is desired;

(7) the description and value of any real or personal property owned by the child;

(8) the relationship of the adopting parent to the child prior to adoptive placement, if
any;

(9) whether the Indian Child Welfare Act does or does not apply; and

(10) the name and address of:

(i) the child's guardian ad litem;

(ii) the adoptee, if age ten or older;

(iii) the child's Indian tribe, if the child is an Indian child; and

(iv) the responsible social services agency.

(d) A petition may ask for the adoption of two or more children.

(e) If a petition is for adoption by a married person, both spouses must sign the petition
indicating willingness to adopt the child and the petition must ask for adoption by both
spouses unless the court approves adoption by only one spouse when spouses do not reside
together or for other good cause shown.

(f) If the petition is for adoption by a person residing outside the state, the adoptive
placement must have been approved by the state where the person is a resident through the
Interstate Compact on the Placement of Children, sections 260.851 to 260.92.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 59.

Minnesota Statutes 2018, section 260C.623, subdivision 4, is amended to read:

Subd. 4.

Attachments to the petition.

The following must be filed with the petition:

(1) the adoption study report required under section deleted text begin 259.41 deleted text end new text begin 260C.611 new text end ;

(2) the social and medical history required under deleted text begin sections 259.43 and deleted text end new text begin section new text end 260C.609;
and

(3) a document prepared by the petitioner that establishes who must be given notice
under section 260C.627, subdivision 1, that includes the names and mailing addresses of
those to be served by the court administrator.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 60.

Minnesota Statutes 2018, section 260C.625, is amended to read:

260C.625 DOCUMENTS FILED BY SOCIAL SERVICES AGENCY.

(a) The following shall be filed new text begin with the court new text end by the responsible social services agency
prior to finalization of the adoption:

(1) deleted text begin a certified deleted text end new text begin an electronic new text end copy of the child's new text begin certified new text end birth record;

(2) deleted text begin a certified deleted text end new text begin an electronic new text end copy of the new text begin certified new text end findings and order terminating parental
rights or order accepting the parent's consent to adoption under section 260C.515, subdivision
3, and for guardianship to the commissioner;

(3) a copy of any communication or contact agreement under section 260C.619;

(4) certification that the Minnesota Fathers' Adoption Registry has been searched which
requirement may be met according to the requirements of the Minnesota Rules of Adoption
Procedure, Rule 32.01, subdivision 2;

(5) new text begin an electronic copy of new text end the original of each consent to adoption required, if any, unless
the original was filed in the permanency proceeding conducted under section 260C.515,
subdivision 3, and the order filed under clause (2) has a copy of the consent attached; and

(6) the postplacement assessment report required under section 259.53, subdivision 2.

(b) The responsible social services agency shall provide any known aliases of the child
to the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 61.

Minnesota Statutes 2018, section 260C.629, subdivision 2, is amended to read:

Subd. 2.

Required documents.

In order to issue a decree for adoption and enter judgment
accordingly, the court must have the following documents in the record:

(1) new text begin an electronic copy of new text end the original birth record of the child;

(2) an adoption study report including a background study required under section deleted text begin 259.41 deleted text end new text begin
260C.611 new text end ;

(3) deleted text begin a deleted text end new text begin an electronic copy of the new text end certified deleted text begin copy of the deleted text end findings and order terminating parental
rights or order accepting the parent's consent to adoption under section 260C.515, subdivision
3, and for guardianship to the commissioner;

(4) any consents required under subdivision 1;

(5) the child's social and medical history under section 260C.609;

(6) the postplacement assessment report required under section 259.53, subdivision 2,
unless waived by the court on the record at a hearing under section 260C.607; and

(7) a report from the child's guardian ad litem.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 62.

Minnesota Statutes 2018, section 518A.53, subdivision 11, is amended to read:

Subd. 11.

Lump-sum payments.

Before transmittal to the obligor of a lump-sum payment
of $500 or more including, but not limited to, severance pay, accumulated sick pay, vacation
pay, bonuses, commissions, or other pay or benefits, a payor of funds:

(1) who has been served with an order for or notice of income withholding under this
section shall:

(i) notify the public authority of the lump-sum payment that is to be paid to the obligor;

(ii) hold the lump-sum payment for 30 days after the date on which the lump-sum payment
would otherwise have been paid to the obligor, notwithstanding sections 176.221, 176.225,
176.521, 181.08, 181.101, 181.11, 181.13, and 181.145; and

(iii) upon order of the court, and after a showing of past willful nonpayment of support,
pay any specified amount of the lump-sum payment to the public authority for future support;
or

(2) shall pay the lessor of the amount of the lump-sum payment or the total amount of
the judgment and arrearages upon service by United States mail of a sworn affidavit from
the public authority or a court order that includes the following information:

(i) that a judgment entered pursuant to section 548.091, subdivision 1a, exists against
the obligor, or that other support arrearages exist;

(ii) the current balance of the judgment or arrearage; and

(iii) that a portion of the judgment or arrearage remains unpaid.

deleted text begin The Consumer Credit Protection Act, title 15 of the United States Code, section 1673(b),
does not apply to lump-sum payments.
deleted text end

Sec. 63.

Minnesota Statutes 2018, section 518A.685, is amended to read:

518A.685 CONSUMER REPORTING AGENCY; REPORTING ARREARS.

(a) If a public authority determines that an obligor has not paid the current monthly
support obligation plus any required arrearage payment for three months, the public authority
must report this information to a consumer reporting agency.

(b) Before reporting that an obligor is in arrears for court-ordered child support, the
public authority must:

(1) provide written notice to the obligor that the public authority intends to report the
arrears to a consumer reporting agency; and

(2) mail the written notice to the obligor's last known mailing address at least 30 days
before the public authority reports the arrears to a consumer reporting agency.

(c) The obligor may, within 21 days of receipt of the notice, do the following to prevent
the public authority from reporting the arrears to a consumer reporting agency:

(1) pay the arrears in full; or

(2) request an administrative review. An administrative review is limited to issues of
mistaken identity, a pending legal action involving the arrears, or an incorrect arrears balance.

deleted text begin (d) If the public authority has reported that an obligor is in arrears for court-ordered
child support and subsequently determines that the obligor has paid the court-ordered child
support arrears in full, or is paying the current monthly support obligation plus any required
arrearage payment, the public authority must report to the consumer reporting agency that
the obligor is currently paying child support as ordered by the court.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end A public authority that reports arrearage information under this section must
make monthly reports to a consumer reporting agency. The monthly report must be consistent
with credit reporting industry standards for child support.

deleted text begin (f) deleted text end new text begin (e) new text end For purposes of this section, "consumer reporting agency" has the meaning given
in section 13C.001, subdivision 4, and United States Code, title 15, section 1681a(f).

Sec. 64.

new text begin [518A.80] MOTION TO TRANSFER TO TRIBAL COURT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "Case participant" means a party to the case that is a natural person.
new text end

new text begin (c) "District court" means a district court of the state of Minnesota.
new text end

new text begin (d) "Party" means a person or entity named or admitted as a party or seeking to be
admitted as a party in the district court action, including the county IV-D agency, whether
or not named in the caption.
new text end

new text begin (e) "Tribal court" means a tribal court of a federally recognized Indian tribe located in
Minnesota that is receiving funding from the federal government to operate a child support
program under United States Code, title 42, chapter 7, subchapter IV, part D, sections 654
to 669b.
new text end

new text begin (f) "Tribal IV-D agency" has the meaning given to "tribal IV-D agency" in Code of
Federal Regulations, title 45, part 309.05.
new text end

new text begin (g) "Title IV-D child support case" has the meaning given to "IV-D case" in section
518A.26, subdivision 10.
new text end

new text begin Subd. 2. new text end

new text begin Actions eligible for transfer. new text end

new text begin For purposes of this section, a postjudgment
child support, custody, or parenting time action is eligible for transfer to tribal court. A child
protection action or a dissolution action involving a child is not eligible for transfer to tribal
court pursuant to this section.
new text end

new text begin Subd. 3. new text end

new text begin Motion to transfer. new text end

new text begin (a) A party's or tribal IV-D agency's motion to transfer to
tribal court shall state and allege:
new text end

new text begin (1) the address of each case participant;
new text end

new text begin (2) the tribal affiliation of each case participant, if any;
new text end

new text begin (3) the name, tribal affiliation, if any, and date of birth of each living minor or dependent
child of a case participant who is subject to the action; and
new text end

new text begin (4) the legal and factual basis for the court to make a finding that there is concurrent
jurisdiction in the case.
new text end

new text begin (b) A party or tribal IV-D agency bringing a motion to transfer to tribal court must file
with the court and serve the required documents on each party and the tribal IV-D agency,
regardless of whether the tribal IV-D agency is a party.
new text end

new text begin (c) A party's or tribal IV-D agency's motion to transfer must be accompanied by an
affidavit setting forth facts in support of its motion.
new text end

new text begin (d) When a motion to transfer is not brought by the tribal IV-D agency, an affidavit of
the tribal IV-D agency stating whether the tribal IV-D agency provides services to a party
must be filed and served on each party within 15 days from the date of service of the motion.
new text end

new text begin Subd. 4. new text end

new text begin Order to transfer to tribal court. new text end

new text begin (a) Unless a hearing is held under subdivision
6, upon motion of a party or a tribal IV-D agency, a district court must transfer a
postjudgment child support, custody, or parenting time action to a tribal court when the
district court finds:
new text end

new text begin (1) the district court and tribal court have concurrent jurisdiction;
new text end

new text begin (2) a case participant is receiving services from the tribal IV-D agency; and
new text end

new text begin (3) no party or tribal IV-D agency files and serves a timely objection to the transfer.
new text end

new text begin (b) When the requirements of this subdivision are satisfied, the district court is not
required to hold a hearing. The district court's order transferring the action to tribal court
must contain written findings on each requirement of this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Objection to motion to transfer. new text end

new text begin (a) To object to a motion to transfer to a
tribal court, a party or tribal IV-D agency must file with the court and serve on each party
and the tribal IV-D agency a responsive motion objecting to the motion to transfer within
30 days from the date of service of the motion to transfer.
new text end

new text begin (b) If a party or tribal IV-D agency files with the court and properly serves a timely
objection to the motion to transfer to a tribal court, the district court must conduct a hearing.
new text end

new text begin Subd. 6. new text end

new text begin Hearing. new text end

new text begin If a hearing is held under this section, the district court must evaluate
and make written findings on all relevant factors, including:
new text end

new text begin (1) whether an issue requires interpretation of tribal law, including the tribal constitution,
statutes, bylaws, ordinances, resolutions, treaties, or case law;
new text end

new text begin (2) whether the action involves tribal traditional or cultural matters;
new text end

new text begin (3) whether the tribe is a party;
new text end

new text begin (4) whether tribal sovereignty, jurisdiction, or territory is an issue;
new text end

new text begin (5) the tribal membership status of each case participant;
new text end

new text begin (6) where the claim arises;
new text end

new text begin (7) the location of the residence of each case participant and the child;
new text end

new text begin (8) whether the parties have by contract chosen a forum or the law to be applied in the
event of a dispute;
new text end

new text begin (9) the timing of any motion to transfer to tribal court, considering each party's and the
court's expenditure of time and resources, and the district court's scheduling order;
new text end

new text begin (10) the court in which the action can be heard and decided most expeditiously;
new text end

new text begin (11) the burdens on each party, including cost, access to and admissibility of evidence,
and matters of procedure; and
new text end

new text begin (12) any other factor the court determines relevant.
new text end

new text begin Subd. 7. new text end

new text begin Future exercise of jurisdiction. new text end

new text begin Nothing in this section shall be construed to
limit the district court's exercise of jurisdiction where the tribal court waives jurisdiction,
transfers the action back to district court, or otherwise declines to exercise jurisdiction over
the action.
new text end

new text begin Subd. 8. new text end

new text begin Transfer to Red Lake Nation Tribal Court. new text end

new text begin When a party or tribal IV-D
agency brings a motion to transfer to the Red Lake Nation Tribal Court, the court must
transfer the action if the case participants and child resided within the boundaries of the
Red Lake Reservation for the preceding six months.
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. 65.

Minnesota Statutes 2018, section 626.556, subdivision 2, is amended to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Accidental" means a sudden, not reasonably foreseeable, and unexpected occurrence
or event which:

(1) is not likely to occur and could not have been prevented by exercise of due care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance with
the laws and rules relevant to the occurrence or event.

(b) "Commissioner" means the commissioner of human services.

(c) "Facility" means:

(1) a licensed or unlicensed day care facility new text begin or provider new text end , certified license-exempt child
care center, residential facility, agency, hospital, sanitarium, or other facility or institution
required to be licensed under sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16,
or chapter 144H deleted text begin , 245D, deleted text end or 245H;

(2) a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E;
or

(3) a nonlicensed personal care provider organization as defined in section deleted text begin 256B.0625,
subdivision 19a deleted text end new text begin 256B.0659 new text end .

(d) "Family assessment" means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs that is applied to a child
maltreatment report that does not allege sexual abuse or substantial child endangerment.
Family assessment does not include a determination as to whether child maltreatment
occurred but does determine the need for services to address the safety of family members
and the risk of subsequent maltreatment.

(e) "Investigation" means fact gathering related to the current safety of a child and the
risk of subsequent maltreatment that determines whether child maltreatment occurred and
whether child protective services are needed. An investigation must be used when reports
involve sexual abuse or substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed or certified under chapter 245A deleted text begin , 245D, deleted text end or 245H; under
sections 144.50 to 144.58 and 241.021; in a school as defined in section 120A.05,
subdivisions 9, 11, and 13, and chapter 124E; or in a nonlicensed personal care provider
association as defined in section deleted text begin 256B.0625, subdivision 19a deleted text end new text begin 256B.0659 new text end .

(f) "Mental injury" means an injury to the psychological capacity or emotional stability
of a child as evidenced by an observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with due regard to the child's
culture.

(g) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to deleted text begin (9) deleted text end new text begin (10) new text end , other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the child's
physical or mental health when reasonably able to do so, including a growth delay, which
may be referred to as a failure to thrive, that has been diagnosed by a physician and is due
to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements appropriate
for a child after considering factors as the child's age, mental ability, physical condition,
length of absence, or environment, when the child is unable to care for the child's own basic
needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision
5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in good
faith selects and depends upon spiritual means or prayer for treatment or care of disease or
remedial care of the child in lieu of medical care; except that a parent, guardian, or caretaker,
or a person mandated to report pursuant to subdivision 3, has a duty to report if a lack of
medical care may cause serious danger to the child's health. This section does not impose
upon persons, not otherwise legally responsible for providing a child with necessary food,
clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to new text begin alcohol or new text end a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, medical effects or developmental delays during the child's first
year of life that medically indicate prenatal exposure to a controlled substance, or the
presence of a fetal alcohol spectrum disorder;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or person
responsible for the care of the child that adversely affects the child's basic needs and safety;
deleted text begin or
deleted text end

(9) emotional harm from a pattern of behavior which contributes to impaired emotional
functioning of the child which may be demonstrated by a substantial and observable effect
in the child's behavior, emotional response, or cognition that is not within the normal range
for the child's age and stage of development, with due regard to the child's culture deleted text begin . deleted text end new text begin ; or
new text end

new text begin (10) abandonment of the child in which a parent does not have regular contact with the
child and has failed to demonstrate consistent interest in the child's well-being, unless the
parent establishes an extreme financial hardship, physical hardship, treatment for mental
disability or chemical dependency, or other good cause that prevented the parent from
making contact with the child. A child custody determination under chapter 257 or 518 is
not abandonment of the child.
new text end

(h) "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that resulted
in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar nonmaltreatment
mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota Rules, chapter
9503. If clauses (1) to (5) apply, rather than making a determination of substantiated
maltreatment by the individual, the commissioner of human services shall determine that a
nonmaltreatment mistake was made by the individual.

(i) "Operator" means an operator or agency as defined in section 245A.02.

(j) "Person responsible for the child's care" means (1) an individual functioning within
the family unit and having responsibilities for the care of the child such as a parent, guardian,
or other person having similar care responsibilities, or (2) an individual functioning outside
the family unit and having responsibilities for the care of the child such as a teacher, school
administrator, other school employees or agents, or other lawful custodian of a child having
either full-time or short-term care responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and coaching.

(k) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 125A.0942 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as allowed
by section 121A.582. Actions which are not reasonable and moderate include, but are not
limited to, any of the following:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child under 18
months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) striking a child who is at least age one but under age four on the face or head, which
results in an injury;

(9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the child
to medical procedures that would be unnecessary if the child were not exposed to the
substances;

(10) unreasonable physical confinement or restraint not permitted under section 609.379,
including but not limited to tying, caging, or chaining; or

(11) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

new text begin (l) "Position of authority" has the meaning given in section 609.341, subdivision 10.
new text end

deleted text begin (l) deleted text end new text begin (m) new text end "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

deleted text begin (m) deleted text end new text begin (n) new text end "Report" means any communication received by the local welfare agency, police
department, county sheriff, or agency responsible for child protection pursuant to this section
that describes neglect or physical or sexual abuse of a child and contains sufficient content
to identify the child and any person believed to be responsible for the neglect or abuse, if
known.

new text begin (o) "Safety plan" means any written or oral plan made with the child's parent or legal
custodian or ordered by the court that sets out the conditions necessary to keep the child
safe.
new text end

deleted text begin (n) deleted text end new text begin (p) new text end "Sexual abuse" means new text begin :
new text end

new text begin (1) new text end the subjection of a child by a person responsible for the child's care, by a person who
has a significant relationship to the child, deleted text begin as defined in section 609.341, deleted text end or by a person in
a position of authority, deleted text begin as defined in section 609.341, subdivision 10, deleted text end to any act which
constitutes a violation of deleted text begin section 609.342 (criminal sexual conduct in the first degree),
609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct
in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3451
(criminal sexual conduct in the fifth degree). Sexual abuse also includes any act which
involves a minor which constitutes a violation of prostitution offenses under sections 609.321
to 609.324 or 617.246. Effective May 29, 2017, sexual abuse includes all reports of known
or suspected child sex trafficking involving a child who is identified as a victim of sex
trafficking. Sexual abuse includes child sex trafficking as defined in section 609.321,
subdivisions 7a and 7b. Sexual abuse includes threatened sexual abuse which includes the
status of a parent or household member who has committed a violation which requires
registration as an offender under section 243.166, subdivision 1b, paragraph (a) or (b), or
required registration under section 243.166, subdivision 1b, paragraph (a) or (b). deleted text end new text begin any of the
following: (i) criminal sexual conduct in the first degree as defined in section 609.342; (ii)
criminal sexual conduct in the second degree as defined in section 609.343; (iii) criminal
sexual conduct in the third degree as defined in section 609.344; (iv) criminal sexual conduct
in the fourth degree as defined in section 609.345; (v) criminal sexual conduct in the fifth
degree as defined in section 609.3451; (vi) solicitation, promotion, or inducement of
prostitution in the first degree as defined in section 609.322; (vii) prostitution-related offenses
as defined in section 609.324; and (viii) use of a minor in sexual performance as defined in
section 617.246; or
new text end

new text begin (2) the known or suspected subjection of a child by any person to acts of sex trafficking
as defined in sections 609.321 and 609.322.
new text end

new text begin (q) "Significant relationship to the child" means a situation in which the alleged offender
is:
new text end

new text begin (1) the child's parent, stepparent, or guardian;
new text end

new text begin (2) any of the following persons related to the child by blood, marriage, or adoption:
brother, sister, first cousin, aunt, uncle, nephew, niece, grandparent, great-grandparent,
great-uncle, great-aunt; or
new text end

new text begin (3) any person who jointly resides intermittently or regularly in the same dwelling as
the child and who is not the child's spouse.
new text end

deleted text begin (o) deleted text end new text begin (r) new text end "Substantial child endangerment" means a person responsible for a child's care,
by act or omission, commits or attempts to commit an act against a child under their care
that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) abandonment under section 260C.301, subdivision 2 new text begin , paragraph (a), clause (2) new text end ;

(3) neglect as defined in paragraph (g), clause (2), that substantially endangers the child's
physical or mental health, including a growth delay, which may be referred to as failure to
thrive, that has been diagnosed by a physician and is due to parental neglect;

(4) murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;

(5) manslaughter in the first or second degree under section 609.20 or 609.205;

(6) assault in the first, second, or third degree under section 609.221, 609.222, or 609.223;

(7) solicitation, inducement, and promotion of prostitution under section 609.322;

(8) criminal sexual conduct under sections 609.342 to 609.3451;

(9) solicitation of children to engage in sexual conduct under section 609.352;

(10) malicious punishment or neglect or endangerment of a child under section 609.377
or 609.378;

(11) use of a minor in sexual performance under section 617.246; or

(12) parental behavior, status, or condition which mandates that the county attorney file
a termination of parental rights petition under section 260C.503, subdivision 2.

deleted text begin (p) deleted text end new text begin (s) new text end "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury
includes, but is not limited to, exposing a child to a person responsible for the child's care,
as defined in paragraph (j), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition that
constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a similar law
of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;

(3) committed an act that has resulted in an involuntary termination of parental rights
under section 260C.301, or a similar law of another jurisdiction; deleted text begin or
deleted text end

(4) committed an act that has resulted in the involuntary transfer of permanent legal and
physical custody of a child to a relative under Minnesota Statutes 2010, section 260C.201,
subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a similar law
of another jurisdiction deleted text begin . deleted text end new text begin ;
new text end

deleted text begin A child is the subject of deleted text end new text begin (5) subjected a child to a status or condition requiring new text end a report
of deleted text begin threatened injury when the responsible social services agency receives deleted text end birth match data
under paragraph deleted text begin (q) deleted text end new text begin (t) new text end from the Department of Human Services deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) committed a violation that required registration as an offender under section 243.166,
subdivision 1b, paragraph (a) or (b), or required registration under section 243.166,
subdivision 1b, paragraph (a) or (b), and is a parent or a household member.
new text end

deleted text begin (q) deleted text end new text begin (t) new text end Upon receiving data under section 144.225, subdivision 2b, contained in a birth
record or recognition of parentage identifying a child who is subject to threatened injury
under paragraph deleted text begin (p) deleted text end new text begin (s) new text end , the Department of Human Services shall send the data to the
responsible social services agency. The data is known as "birth match" data. Unless the
responsible social services agency has already begun an investigation or assessment of the
report due to the birth of the child or execution of the recognition of parentage and the
parent's previous history with child protection, the agency shall accept the birth match data
as a report under this section. The agency deleted text begin may deleted text end new text begin shall new text end use deleted text begin either a family assessment or deleted text end new text begin an new text end
investigation to determine whether the child is safe. All of the provisions of this section
apply. If the child is determined to be safe, the agency shall consult with the county attorney
to determine the appropriateness of filing a petition alleging the child is in need of protection
or services under section 260C.007, subdivision 6, clause (16), in order to deliver needed
services. If the child is determined not to be safe, the agency and the county attorney shall
take appropriate action as required under section 260C.503, subdivision 2.

deleted text begin (r) deleted text end new text begin (u) new text end Persons who conduct assessments or investigations under this section shall take
into account accepted child-rearing practices of the culture in which a child participates and
accepted teacher discipline practices, which are not injurious to the child's health, welfare,
and safety.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 66.

Minnesota Statutes 2018, section 626.556, subdivision 3, is amended to read:

Subd. 3.

Persons mandated to report; persons voluntarily reporting.

(a) A person
who knows or has reason to believe a child is being neglected or physically or sexually
abused, as defined in subdivision 2, or has been neglected or physically or sexually abused
within the preceding three years, shall immediately report the information to the local welfare
agency, agency responsible for assessing or investigating the report, police department,
county sheriff, tribal social services agency, or tribal police department if the person is:

(1) a professional or professional's delegate deleted text begin who is deleted text end new text begin while new text end engaged in the practice of the
healing arts, social services, hospital administration, psychological or psychiatric treatment,
child care, education, correctional supervision, probation and correctional services, or law
enforcement; or

(2) employed as a member of the clergy and received the information while engaged in
ministerial duties, provided that a member of the clergy is not required by this subdivision
to report information that is otherwise privileged under section 595.02, subdivision 1,
paragraph (c).

(b) Any person may voluntarily report to the local welfare agency, agency responsible
for assessing or investigating the report, police department, county sheriff, tribal social
services agency, or tribal police department if the person knows, has reason to believe, or
suspects a child is being or has been neglected or subjected to physical or sexual abuse.

(c) A person mandated to report physical or sexual child abuse or neglect occurring
within a licensed facility shall report the information to the agency responsible for licensing
or certifying the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16;
or chapter 144H deleted text begin , 245D, deleted text end or 245H; or a nonlicensed personal care provider organization as
defined in section deleted text begin 256B.0625, subdivision 19a deleted text end new text begin 256B.0659 new text end . A health or corrections agency
receiving a report may request the local welfare agency to provide assistance pursuant to
subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work within
a school facility, upon receiving a complaint of alleged maltreatment, shall provide
information about the circumstances of the alleged maltreatment to the commissioner of
education. Section 13.03, subdivision 4, applies to data received by the commissioner of
education from a licensing entity.

(d) Notification requirements under subdivision 10 apply to all reports received under
this section.

(e) For purposes of this section, "immediately" means as soon as possible but in no event
longer than 24 hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 67.

Minnesota Statutes 2018, section 626.556, subdivision 3c, is amended to read:

Subd. 3c.

Local welfare agency, Department of Human Services or Department of
Health responsible for assessing or investigating reports of maltreatment.

(a) new text begin The local
welfare agency is the agency responsible for assessing or investigating allegations of
maltreatment by a parent, guardian, or person responsible for the child's care as defined in
subdivision 2, paragraph (j). new text end The local welfare agency is deleted text begin the agency deleted text end new text begin also new text end responsible for
assessing or investigating allegations of maltreatment in child foster care, family child care,
legally nonlicensed child care, and reports involving children served by an unlicensed
personal care provider organization under section 256B.0659. Copies of findings related to
personal care provider organizations under section 256B.0659 must be forwarded to the
Department of Human Services provider enrollment.

new text begin (b) The local welfare agency is the agency responsible for investigating allegations of
substantial child endangerment by a parent, guardian, or person responsible for the child's
care as defined in subdivision 2, paragraph (j).
new text end

deleted text begin (b) deleted text end new text begin (c) new text end The Department of Human Services is the agency responsible for assessing or
investigating allegations of maltreatment in juvenile correctional facilities listed under
section 241.021 located in the local welfare agency's county and in facilities licensed or
certified under chapters 245A deleted text begin , 245D, deleted text end and 245H, except for child foster care and family
child care.

deleted text begin (c) deleted text end new text begin (d) new text end The Department of Health is the agency responsible for assessing or investigating
allegations of child maltreatment in facilities licensed under sections 144.50 to 144.58 and
144A.43 to 144A.482 or chapter 144H.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 68.

Minnesota Statutes 2018, section 626.556, subdivision 3e, is amended to read:

Subd. 3e.

Agency responsible for assessing or investigating reports of sexual
abuse.

The local welfare agency is the agency responsible for investigating allegations of
sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual
functioning within the family unit as a person responsible for the child's care, or a person
with a significant relationship to the child if that person resides in the child's household.
deleted text begin Effective May 29, 2017, deleted text end The local welfare agency is also responsible for investigating
new text begin allegations involving any person new text end when a child is identified as a new text begin known or suspected new text end victim
of sex trafficking.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 69.

Minnesota Statutes 2018, section 626.556, subdivision 4, is amended to read:

Subd. 4.

Immunity from liability.

(a) The following persons are immune from any civil
or criminal liability that otherwise might result from their actions, if they are acting in good
faith:

(1) any person making a voluntary or mandated report under subdivision 3 or under
section 626.5561 or assisting in an assessment under this section or under section 626.5561;

(2) any person with responsibility for performing duties under this section or supervisor
employed by a local welfare agency, the commissioner of an agency responsible for operating
or supervising a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed or certified under sections
144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B or 245H; or a school as
defined in section 120A.05, subdivisions 9, 11, and 13; and chapter 124E; or a nonlicensed
personal care provider organization as defined in section 256B.0625, subdivision 19a,
complying with subdivision 10d; and

(3) any public or private school, facility as defined in subdivision 2, or the employee of
any public or private school or facility who permits access by a local welfare agency, the
Department of Education, or a local law enforcement agency and assists in an investigation
or assessment pursuant to subdivision 10 or under section 626.5561.

(b) A person who is a supervisor or person with responsibility for performing duties
under this section employed by a local welfare agency, the commissioner of human services,
or the commissioner of education complying with subdivisions 10 and 11 or section 626.5561
or any related rule or provision of law is immune from any civil or criminal liability that
might otherwise result from the person's actions, if the person is (1) acting in good faith
and exercising due care, or (2) acting in good faith and following the information collection
procedures established under subdivision 10, paragraphs deleted text begin (h), (i), and deleted text end (j) new text begin , (k), (l), and (m) new text end .

(c) This subdivision does not provide immunity to any person for failure to make a
required report or for committing neglect, physical abuse, or sexual abuse of a child.

(d) If a person who makes a voluntary or mandatory report under subdivision 3 prevails
in a civil action from which the person has been granted immunity under this subdivision,
the court may award the person attorney fees and costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 70.

Minnesota Statutes 2018, section 626.556, subdivision 7, is amended to read:

Subd. 7.

Report; information provided to parent; reporter.

(a) An oral report shall
be made immediately by telephone or otherwise. deleted text begin An oral report made by a person required
under subdivision 3 to report shall be followed within 72 hours, exclusive of weekends and
holidays, by a report in writing to the appropriate police department, the county sheriff, the
agency responsible for assessing or investigating the report, or the local welfare agency.
deleted text end

(b) The local welfare agency shall determine if the report is to be screened in or out as
soon as possible but in no event longer than 24 hours after the report is received. When
determining whether a report will be screened in or out, the agency receiving the report
must consider, when relevant, all previous history, including reports that were screened out.
The agency may communicate with treating professionals and individuals specified under
subdivision 10, paragraph deleted text begin (i) deleted text end new text begin (k) new text end , clause (3), item (iii). new text begin A treating professional or individual
required to provide information under this paragraph is immune from liability as specified
under subdivision 4.
new text end

(c) Any report shall be of sufficient content to identify the child, any person believed to
be responsible for the abuse or neglect of the child if the person is known, the nature and
extent of the abuse or neglect and the name and address of the reporter. The local welfare
agency or agency responsible for assessing or investigating the report shall accept a report
made under subdivision 3 notwithstanding refusal by a reporter to provide the reporter's
name or address as long as the report is otherwise sufficient under this paragraph. deleted text begin Written
reports received by a police department or the county sheriff shall be forwarded immediately
to the local welfare agency or the agency responsible for assessing or investigating the
report. The police department or the county sheriff may keep copies of reports received by
them. Copies of written reports received by a local welfare department or the agency
responsible for assessing or investigating the report shall be forwarded immediately to the
local police department or the county sheriff.
deleted text end

(d) deleted text begin When requested, deleted text end The agency responsible for assessing or investigating a report shall
inform the reporter within ten days after the new text begin initial new text end report was made, either orally or in
writing, whether the report was accepted or not new text begin , unless release would be detrimental to the
best interests of the child new text end . deleted text begin If the responsible agency determines the report does not constitute
a report under this section, the agency shall advise the reporter the report was screened out. deleted text end
Any person mandated to report shall receive a summary of the new text begin final new text end disposition of any report
made by that reporter, including whether the case has been opened for child protection or
other services, or if a referral has been made to a community organization, unless release
would be detrimental to the best interests of the child. Any person who is not mandated to
report shall, upon request to the local welfare agency, receive a concise summary of the
disposition of any report made by that reporter, unless release would be detrimental to the
best interests of the child.

(e) Reports that are screened out must be maintained in accordance with subdivision
11c, paragraph (a).

(f) A local welfare agency or agency responsible for investigating or assessing a report
may use a screened-out report for making an offer of social services to the subjects of the
screened-out report. deleted text begin A local welfare agency or agency responsible for evaluating a report
alleging maltreatment of a child shall consider prior reports, including screened-out reports,
to determine whether an investigation or family assessment must be conducted. deleted text end new text begin The local
welfare agency may inform the child-placing agency or the child foster care licensing agency
of the screened-out report when the report alleges child maltreatment by a child or adult
who resides intermittently or regularly in the same dwelling as a child placed in foster care.
new text end

(g) Notwithstanding paragraph (a), the commissioner of education must inform the
parent, guardian, or legal custodian of the child who is the subject of a report of alleged
maltreatment in a school facility within ten days of receiving the report, either orally or in
writing, whether the commissioner is assessing or investigating the report of alleged
maltreatment.

(h) Regardless of whether a report is made under this subdivision, as soon as practicable
after a school receives information regarding an incident that may constitute maltreatment
of a child in a school facility, the school shall inform the parent, legal guardian, or custodian
of the child that an incident has occurred that may constitute maltreatment of the child,
when the incident occurred, and the nature of the conduct that may constitute maltreatment.

(i) A written copy of a report maintained by personnel of agencies, other than welfare
or law enforcement agencies, which are subject to chapter 13 shall be confidential. An
individual subject of the report may obtain access to the original report as provided by
subdivision 11.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 71.

Minnesota Statutes 2018, section 626.556, subdivision 10, is amended to read:

Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report; mandatory notification between police or sheriff and agency.

(a) The
police department or the county sheriff shall immediately notify the local welfare agency
or agency responsible for child protection reports under this section orally deleted text begin and deleted text end new text begin or new text end in writing
when a report is received. The local welfare agency or agency responsible for child protection
reports shall immediately notify the local police department or the county sheriff orally deleted text begin and deleted text end new text begin
or new text end in writing when a report is received. The county sheriff and the head of every local welfare
agency, agency responsible for child protection reports, and police department shall each
designate a person within their agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph are carried out. When the alleged maltreatment
new text begin of an Indian child new text end occurred on tribal land, the local welfare agency or agency responsible
for child protection reports and the local police department or the county sheriff shall
immediately notify the tribe's social services agency and tribal law enforcement orally deleted text begin and deleted text end new text begin
or new text end in writing when a report is received. new text begin When the alleged maltreatment occurred in another
state involving a child residing in Minnesota, the local welfare agency shall assume
responsibility for child protection assessment or investigation.
new text end

(b) Upon receipt of a report, the local welfare agency shall determine whether to conduct
a family assessment or an investigation as appropriate to prevent or provide a remedy for
child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving sexual abuse new text begin according to
subdivision 3e new text end or substantial child endangerment new text begin according to subdivision 3c, paragraph
(b) new text end ;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that sexual abuse or
substantial child endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege sexual abuse or
substantial child endangerment. In determining that a family assessment is appropriate, the
local welfare agency may consider issues of child safety, parental cooperation, and the need
for an immediate response;

(4) may conduct a family assessment on a report that was initially screened and assigned
for an investigation. In determining that a complete investigation is not required, the local
welfare agency must document the reason for terminating the investigation and notify the
local law enforcement agency if the local law enforcement agency is conducting a joint
investigation; and

(5) shall provide immediate notice, according to section 260.761, subdivision 2, to an
Indian child's tribe when the agency has reason to believe the family assessment or
investigation may involve an Indian child. For purposes of this clause, "immediate notice"
means notice provided within 24 hours.

deleted text begin If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or
individual functioning within the family unit as a person responsible for the child's care, or
sexual abuse by a person with a significant relationship to the child when that person resides
in the child's household or by a sibling, the local welfare agency shall immediately conduct
a family assessment or investigation as identified in clauses (1) to (4). deleted text end new text begin (c) new text end In conducting a
family assessment or investigation, the local welfare agency shall gather information on the
existence of substance abuse and domestic violence and offer services for purposes of
preventing future child maltreatment, safeguarding and enhancing the welfare of the abused
or neglected minor, and supporting and preserving family life whenever possible. If the
report alleges a violation of a criminal statute involving sexual abuse, physical abuse, or
neglect or endangerment, under section 609.378, the local law enforcement agency and
local welfare agency shall coordinate the planning and execution of their respective
investigation and assessment efforts to avoid a duplication of fact-finding efforts and multiple
interviews. Each agency shall prepare a separate report of the results of its investigation or
assessment. In cases of alleged child maltreatment resulting in death, the local agency may
rely on the fact-finding efforts of a law enforcement investigation to make a determination
of whether or not maltreatment occurred. When necessary the local welfare agency shall
seek authority to remove the child from the custody of a parent, guardian, or adult with
whom the child is living. In performing any of these duties, the local welfare agency shall
maintain appropriate records.

If the family assessment or investigation indicates there is a potential for abuse of alcohol
or other drugs by the parent, guardian, or person responsible for the child's care, the local
welfare agency shall conduct a chemical use assessment pursuant to Minnesota Rules, part
9530.6615.

deleted text begin (c) deleted text end new text begin (d) new text end When a local agency receives a report or otherwise has information indicating
that a child who is a client, as defined in section 245.91, has been the subject of physical
abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
245.91, it shall, in addition to its other duties under this section, immediately inform the
ombudsman established under sections 245.91 to 245.97. The commissioner of education
shall inform the ombudsman established under sections 245.91 to 245.97 of reports regarding
a child defined as a client in section 245.91 that maltreatment occurred at a school as defined
in section 120A.05, subdivisions 9, 11, and 13, and chapter 124E.

deleted text begin (d) deleted text end new text begin (e) new text end Authority of the local welfare agency responsible for assessing or investigating
the child abuse or neglect report, the agency responsible for assessing or investigating the
report, and of the local law enforcement agency for investigating the alleged abuse or neglect
includes, but is not limited to, authority to interview, without parental consent, the alleged
victim and any other minors who currently reside with or who have resided with the alleged
offender. The interview may take place at school or at any facility or other place where the
alleged victim or other minors might be found or the child may be transported to, and the
interview conducted at, a place appropriate for the interview of a child designated by the
local welfare agency or law enforcement agency. The interview may take place outside the
presence of the alleged offender or parent, legal custodian, guardian, or school official. For
family assessments, it is the preferred practice to request a parent or guardian's permission
to interview the child prior to conducting the child interview, unless doing so would
compromise the safety assessment. Except as provided in this paragraph, the parent, legal
custodian, or guardian shall be notified by the responsible local welfare or law enforcement
agency no later than the conclusion of the investigation or assessment that this interview
has occurred. Notwithstanding rule 32 of the Minnesota Rules of Procedure for Juvenile
Courts, the juvenile court may, after hearing on an ex parte motion by the local welfare
agency, order that, where reasonable cause exists, the agency withhold notification of this
interview from the parent, legal custodian, or guardian. If the interview took place or is to
take place on school property, the order shall specify that school officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification of intent to interview
the child on school property, as provided under this paragraph, and any other related
information regarding the interview that may be a part of the child's school record. A copy
of the order shall be sent by the local welfare or law enforcement agency to the appropriate
school official.

deleted text begin (e) deleted text end new text begin (f) new text end When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification shall
include the name of the child to be interviewed, the purpose of the interview, and a reference
to the statutory authority to conduct an interview on school property. For interviews
conducted by the local welfare agency, the notification shall be signed by the chair of the
local social services agency or the chair's designee. The notification shall be private data
on individuals subject to the provisions of this paragraph. School officials may not disclose
to the parent, legal custodian, or guardian the contents of the notification or any other related
information regarding the interview until notified in writing by the local welfare or law
enforcement agency that the investigation or assessment has been concluded, unless a school
employee or agent is alleged to have maltreated the child. Until that time, the local welfare
or law enforcement agency or the agency responsible for assessing or investigating a report
of maltreatment shall be solely responsible for any disclosures regarding the nature of the
assessment or investigation.

new text begin (g) new text end Except where the alleged offender is believed to be a school official or employee,
the time and place, and manner of the interview on school premises shall be within the
discretion of school officials, but the local welfare or law enforcement agency shall have
the exclusive authority to determine who may attend the interview. The conditions as to
time, place, and manner of the interview set by the school officials shall be reasonable and
the interview shall be conducted not more than 24 hours after the receipt of the notification
unless another time is considered necessary by agreement between the school officials and
the local welfare or law enforcement agency. Where the school fails to comply with the
provisions of this paragraph, the juvenile court may order the school to comply. Every effort
must be made to reduce the disruption of the educational program of the child, other students,
or school staff when an interview is conducted on school premises.

deleted text begin (f) deleted text end new text begin (h) new text end Where the alleged offender or a person responsible for the care of the alleged
victim or other minor prevents access to the victim or other minor by the local welfare
agency, the juvenile court may order the parents, legal custodian, or guardian to produce
the alleged victim or other minor for questioning by the local welfare agency or the local
law enforcement agency outside the presence of the alleged offender or any person
responsible for the child's care at reasonable places and times as specified by court order.

deleted text begin (g) deleted text end new text begin (i) new text end Before making an order under paragraph deleted text begin (f) deleted text end new text begin (h) new text end , the court shall issue an order to
show cause, either upon its own motion or upon a verified petition, specifying the basis for
the requested interviews and fixing the time and place of the hearing. The order to show
cause shall be served personally and shall be heard in the same manner as provided in other
cases in the juvenile court. The court shall consider the need for appointment of a guardian
ad litem to protect the best interests of the child. If appointed, the guardian ad litem shall
be present at the hearing on the order to show cause.

deleted text begin (h) deleted text end new text begin (j) new text end The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

deleted text begin (i) deleted text end new text begin (k) new text end The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety, risk
of subsequent child maltreatment, and family strengths and needs and share not public
information new text begin , including the name of the reporter of child maltreatment and any other
information collected under this subdivision, new text end with an Indian's tribal social services agency
without violating any law of the state that may otherwise impose duties of confidentiality
on the local welfare agency in order to implement the tribal state agreement. The local
welfare agency or the agency responsible for investigating the report shall collect available
and relevant information to ascertain whether maltreatment occurred and whether protective
services are needed. Information collected includes, when relevant, information with regard
to the person reporting the alleged maltreatment, including the nature of the reporter's
relationship to the child and to the alleged offender, and the basis of the reporter's knowledge
for the report; the child allegedly being maltreated; the alleged offender; the child's caretaker;
and other collateral sources having relevant information related to the alleged maltreatment.
The local welfare agency or the agency responsible for investigating the report may make
a determination of no maltreatment early in an investigation, and close the case and retain
immunity, if the collected information shows no basis for a full investigation.

Information relevant to the assessment or investigation must be asked for, and may
include:

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law enforcement
agency, or the agency responsible for assessing or investigating the report from collecting
other relevant information necessary to conduct the assessment or investigation.
Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare agency has access
to medical data and records for purposes of clause (3). Notwithstanding the data's
classification in the possession of any other agency, data acquired by the local welfare
agency or the agency responsible for assessing or investigating the report during the course
of the assessment or investigation are private data on individuals and must be maintained
in accordance with subdivision 11. Data of the commissioner of education collected or
maintained during and for the purpose of an investigation of alleged maltreatment in a school
are governed by this section, notwithstanding the data's classification as educational,
licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined in
subdivision 2, paragraph (c), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

deleted text begin (j) deleted text end new text begin (l) new text end Upon deleted text begin receipt of deleted text end a report new text begin made under subdivision 7, paragraph (a) new text end , the local welfare
agency shall conduct a face-to-face contact with the child reported to be maltreated and
with the child's primary caregiver sufficient to complete a safety assessment and ensure the
immediate safety of the child. new text begin A safety plan is developed, when required, after a safety
assessment. new text end The face-to-face contact with the child and primary caregiver shall occur
immediately if sexual abuse or substantial child endangerment is alleged and within five
calendar days for all other reports. If the alleged offender was not already interviewed as
the primary caregiver, the local welfare agency shall also conduct a face-to-face interview
with the alleged offender in the early stages of the assessment or investigation. At the initial
contact, the local child welfare agency or the agency responsible for assessing or investigating
the report must inform the alleged offender of the complaints or allegations made against
the individual in a manner consistent with laws protecting the rights of the person who made
the report new text begin or the person who provided information under subdivision 7, paragraph (b) new text end . The
interview with the alleged offender may be postponed if it would jeopardize an active law
enforcement investigation.

deleted text begin (k) deleted text end new text begin (m) new text end When conducting an investigation, the local welfare agency shall use a question
and answer interviewing format with questioning as nondirective as possible to elicit
spontaneous responses. For investigations only, the following interviewing methods and
procedures must be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with the
alleged victim and child witnesses.

deleted text begin (l) deleted text end new text begin (n) new text end In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (c), the commissioner of education shall collect available and
relevant information and use the procedures in paragraphs deleted text begin (j) deleted text end new text begin (l) new text end and deleted text begin (k) deleted text end new text begin (m) new text end , and subdivision
3d, except that the requirement for face-to-face observation of the child and face-to-face
interview of the alleged offender is to occur in the initial stages of the assessment or
investigation provided that the commissioner may also base the assessment or investigation
on investigative reports and data received from the school facility and local law enforcement,
to the extent those investigations satisfy the requirements of paragraphs deleted text begin (j) deleted text end new text begin (l) new text end and deleted text begin (k) deleted text end new text begin (m) new text end ,
and subdivision 3d.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 72.

Minnesota Statutes 2018, section 626.556, subdivision 10a, is amended to read:

Subd. 10a.

Law enforcement agency responsibility for investigation; welfare agency
reliance on law enforcement fact-finding; welfare agency offer of services.

(a) If the
report alleges neglect, physical abuse, or sexual abuse by a person who is not a parent,
guardian, sibling, person responsible for the child's care functioning within the family unit,
or a person who lives in the child's household and who has a significant relationship to the
child, in a setting other than a facility as defined in subdivision 2, the local welfare agency
shall immediately notify the appropriate law enforcement agency, which shall conduct an
investigation of the alleged abuse or neglect if a violation of a criminal statute is alleged. new text begin
If the report alleges known or suspected child sex trafficking by any person, both the local
child welfare agency and the appropriate law enforcement agency shall conduct an
investigation.
new text end

(b) The local agency may rely on the fact-finding efforts of the law enforcement
investigation conducted under this subdivision to make a determination whether or not
threatened injury or other maltreatment has occurred under subdivision 2 if an alleged
offender has minor children or lives with minors.

(c) If a child is the victim of an alleged crime under paragraph (a), the law enforcement
agency shall immediately notify the local welfare agency, which shall offer appropriate
social services for the purpose of safeguarding and enhancing the welfare of the abused or
neglected minor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 73.

Minnesota Statutes 2018, section 626.556, subdivision 10b, is amended to read:

Subd. 10b.

Duties of commissioner; neglect or abuse in facility.

(a) This section applies
to the commissioners of human services, health, and education. The commissioner of the
agency responsible for assessing or investigating the report shall immediately assess or
investigate if the report alleges that:

(1) a child who is in the care of a facility as defined in subdivision 2 is neglected,
physically abused, sexually abused, or is the victim of maltreatment in a facility by an
individual in that facility, or has been so neglected or abused, or been the victim of
maltreatment in a facility by an individual in that facility within the three years preceding
the report; or

(2) a child was neglected, physically abused, sexually abused, or is the victim of
maltreatment in a facility by an individual in a facility defined in subdivision 2, while in
the care of that facility within the three years preceding the report.

The commissioner of the agency responsible for assessing or investigating the report
shall arrange for the transmittal to the commissioner of reports received by local agencies
and may delegate to a local welfare agency the duty to investigate reports. In conducting
an investigation under this section, the commissioner has the powers and duties specified
for local welfare agencies under this section. The commissioner of the agency responsible
for assessing or investigating the report or local welfare agency may interview any children
who are or have been in the care of a facility under investigation and their parents, guardians,
or legal custodians.

(b) Prior to any interview, the commissioner of the agency responsible for assessing or
investigating the report or local welfare agency shall notify the parent, guardian, or legal
custodian of a child who will be interviewed in the manner provided for in subdivision 10d,
paragraph (a). If reasonable efforts to reach the parent, guardian, or legal custodian of a
child in an out-of-home placement have failed, the child may be interviewed if there is
reason to believe the interview is necessary to protect the child or other children in the
facility. The commissioner of the agency responsible for assessing or investigating the report
or local agency must provide the information required in this subdivision to the parent,
guardian, or legal custodian of a child interviewed without parental notification as soon as
possible after the interview. When the investigation is completed, any parent, guardian, or
legal custodian notified under this subdivision shall receive the written memorandum
provided for in subdivision 10d, paragraph (c).

(c) In conducting investigations under this subdivision the commissioner or local welfare
agency shall obtain access to information consistent with subdivision 10, paragraphs deleted text begin (h) deleted text end new text begin
(j) new text end , deleted text begin (i) deleted text end new text begin (k) new text end , and deleted text begin (j) deleted text end new text begin (l) new text end . In conducting assessments or investigations under this subdivision,
the commissioner of education shall obtain access to reports and investigative data that are
relevant to a report of maltreatment and are in the possession of a school facility as defined
in subdivision 2, paragraph (c), notwithstanding the classification of the data as educational
or personnel data under chapter 13. This includes, but is not limited to, school investigative
reports, information concerning the conduct of school personnel alleged to have committed
maltreatment of students, information about witnesses, and any protective or corrective
action taken by the school facility regarding the school personnel alleged to have committed
maltreatment.

(d) The commissioner may request assistance from the local social services agency.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 74.

Minnesota Statutes 2018, section 626.556, subdivision 10d, is amended to read:

Subd. 10d.

Notification of neglect or abuse in facility.

(a) When a report is received
that alleges neglect, physical abuse, sexual abuse, or maltreatment of a child while in the
care of a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed or certified according to
sections 144.50 to 144.58; 241.021; or 245A.01 to 245A.16; or chapter 144H deleted text begin , 245D, deleted text end or
245H, or a school as defined in section 120A.05, subdivisions 9, 11, and 13; and chapter
124E; or a nonlicensed personal care provider organization as defined in section 256B.0625,
subdivision 19a, the commissioner of the agency responsible for assessing or investigating
the report or local welfare agency investigating the report shall provide the following
information to the parent, guardian, or legal custodian of a child alleged to have been
neglected, physically abused, sexually abused, or the victim of maltreatment of a child in
the facility: the name of the facility; the fact that a report alleging neglect, physical abuse,
sexual abuse, or maltreatment of a child in the facility has been received; the nature of the
alleged neglect, physical abuse, sexual abuse, or maltreatment of a child in the facility; that
the agency is conducting an assessment or investigation; any protective or corrective measures
being taken pending the outcome of the investigation; and that a written memorandum will
be provided when the investigation is completed.

(b) The commissioner of the agency responsible for assessing or investigating the report
or local welfare agency may also provide the information in paragraph (a) to the parent,
guardian, or legal custodian of any other child in the facility if the investigative agency
knows or has reason to believe the alleged neglect, physical abuse, sexual abuse, or
maltreatment of a child in the facility has occurred. In determining whether to exercise this
authority, the commissioner of the agency responsible for assessing or investigating the
report or local welfare agency shall consider the seriousness of the alleged neglect, physical
abuse, sexual abuse, or maltreatment of a child in the facility; the number of children
allegedly neglected, physically abused, sexually abused, or victims of maltreatment of a
child in the facility; the number of alleged perpetrators; and the length of the investigation.
The facility shall be notified whenever this discretion is exercised.

(c) When the commissioner of the agency responsible for assessing or investigating the
report or local welfare agency has completed its investigation, every parent, guardian, or
legal custodian previously notified of the investigation by the commissioner or local welfare
agency shall be provided with the following information in a written memorandum: the
name of the facility investigated; the nature of the alleged neglect, physical abuse, sexual
abuse, or maltreatment of a child in the facility; the investigator's name; a summary of the
investigation findings; a statement whether maltreatment was found; and the protective or
corrective measures that are being or will be taken. The memorandum shall be written in a
manner that protects the identity of the reporter and the child and shall not contain the name,
or to the extent possible, reveal the identity of the alleged perpetrator or of those interviewed
during the investigation. If maltreatment is determined to exist, the commissioner or local
welfare agency shall also provide the written memorandum to the parent, guardian, or legal
custodian of each child in the facility who had contact with the individual responsible for
the maltreatment. When the facility is the responsible party for maltreatment, the
commissioner or local welfare agency shall also provide the written memorandum to the
parent, guardian, or legal custodian of each child who received services in the population
of the facility where the maltreatment occurred. This notification must be provided to the
parent, guardian, or legal custodian of each child receiving services from the time the
maltreatment occurred until either the individual responsible for maltreatment is no longer
in contact with a child or children in the facility or the conclusion of the investigation. In
the case of maltreatment within a school facility, as defined in section 120A.05, subdivisions
9, 11, and 13, and chapter 124E, the commissioner of education need not provide notification
to parents, guardians, or legal custodians of each child in the facility, but shall, within ten
days after the investigation is completed, provide written notification to the parent, guardian,
or legal custodian of any student alleged to have been maltreated. The commissioner of
education may notify the parent, guardian, or legal custodian of any student involved as a
witness to alleged maltreatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 75.

Minnesota Statutes 2018, section 626.556, subdivision 10e, is amended to read:

Subd. 10e.

Determinations.

(a) The local welfare agency shall conclude the family
assessment or the investigation within 45 days of the receipt of a report. The conclusion of
the assessment or investigation may be extended to permit the completion of a criminal
investigation or the receipt of expert information requested within 45 days of the receipt of
the report.

(b) After conducting a family assessment, the local welfare agency shall determine
whether services are needed to address the safety of the child and other family members
and the risk of subsequent maltreatment.

(c) After conducting an investigation, the local welfare agency shall make two
determinations: first, whether maltreatment has occurred; and second, whether child
protective services are needed. No determination of maltreatment shall be made when the
alleged perpetrator is a child under the age of ten.

(d) If the commissioner of education conducts an assessment or investigation, the
commissioner shall determine whether maltreatment occurred and what corrective or
protective action was taken by the school facility. If a determination is made that
maltreatment has occurred, the commissioner shall report to the employer, the school board,
and any appropriate licensing entity the determination that maltreatment occurred and what
corrective or protective action was taken by the school facility. In all other cases, the
commissioner shall inform the school board or employer that a report was received, the
subject of the report, the date of the initial report, the category of maltreatment alleged as
defined in paragraph (f), the fact that maltreatment was not determined, and a summary of
the specific reasons for the determination.

(e) When maltreatment is determined in an investigation involving a facility, the
investigating agency shall also determine whether the facility or individual was responsible,
or whether both the facility and the individual were responsible for the maltreatment using
the mitigating factors in paragraph (i). Determinations under this subdivision must be made
based on a preponderance of the evidence and are private data on individuals or nonpublic
data as maintained by the commissioner of education.

(f) For the purposes of this subdivision, "maltreatment" means any of the following acts
or omissions:

(1) physical abuse as defined in subdivision 2, paragraph (k);

(2) neglect as defined in subdivision 2, paragraph (g);

(3) sexual abuse as defined in subdivision 2, paragraph deleted text begin (n) deleted text end new text begin (p) new text end ;

(4) mental injury as defined in subdivision 2, paragraph (f); or

(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (c).

(g) For the purposes of this subdivision, a determination that child protective services
are needed means that the local welfare agency has documented conditions during the
assessment or investigation sufficient to cause a child protection worker, as defined in
section 626.559, subdivision 1, to conclude that a child is at significant risk of maltreatment
if protective intervention is not provided and that the individuals responsible for the child's
care have not taken or are not likely to take actions to protect the child from maltreatment
or risk of maltreatment.

(h) This subdivision does not mean that maltreatment has occurred solely because the
child's parent, guardian, or other person responsible for the child's care in good faith selects
and depends upon spiritual means or prayer for treatment or care of disease or remedial care
of the child, in lieu of medical care. However, if lack of medical care may result in serious
danger to the child's health, the local welfare agency may ensure that necessary medical
services are provided to the child.

(i) When determining whether the facility or individual is the responsible party, or
whether both the facility and the individual are responsible for determined maltreatment in
a facility, the investigating agency shall consider at least the following mitigating factors:

(1) whether the actions of the facility or the individual caregivers were according to,
and followed the terms of, an erroneous physician order, prescription, individual care plan,
or directive; however, this is not a mitigating factor when the facility or caregiver was
responsible for the issuance of the erroneous order, prescription, individual care plan, or
directive or knew or should have known of the errors and took no reasonable measures to
correct the defect before administering care;

(2) comparative responsibility between the facility, other caregivers, and requirements
placed upon an employee, including the facility's compliance with related regulatory standards
and the adequacy of facility policies and procedures, facility training, an individual's
participation in the training, the caregiver's supervision, and facility staffing levels and the
scope of the individual employee's authority and discretion; and

(3) whether the facility or individual followed professional standards in exercising
professional judgment.

The evaluation of the facility's responsibility under clause (2) must not be based on the
completeness of the risk assessment or risk reduction plan required under section 245A.66,
but must be based on the facility's compliance with the regulatory standards for policies
and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota
Rules.

(j) Notwithstanding paragraph (i), when maltreatment is determined to have been
committed by an individual who is also the facility license or certification holder, both the
individual and the facility must be determined responsible for the maltreatment, and both
the background study disqualification standards under section 245C.15, subdivision 4, and
the licensing or certification actions under section 245A.06, 245A.07, 245H.06, or 245H.07
apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 76.

Minnesota Statutes 2018, section 626.556, subdivision 10f, is amended to read:

Subd. 10f.

Notice of determinations.

Within ten working days of the conclusion of a
family assessment, the local welfare agency shall notify the parent or guardian of the child
of the need for services to address child safety concerns or significant risk of subsequent
child maltreatment. The local welfare agency and the family may also jointly agree that
family support and family preservation services are needed. Within ten working days of the
conclusion of an investigation, the local welfare agency or agency responsible for
investigating the report shall notify the parent or guardian of the child, the person determined
to be maltreating the child, and, if applicable, the director of the facility, of the determination
and a summary of the specific reasons for the determination. When the investigation involves
a child foster care setting that is monitored by a private licensing agency under section
245A.16, the local welfare agency responsible for investigating the report shall notify the
private licensing agency of the determination and shall provide a summary of the specific
reasons for the determination. The notice to the private licensing agency must include
identifying private data, but not the identity of the reporter of maltreatment. The notice must
also include a certification that the information collection procedures under subdivision 10,
paragraphs deleted text begin (h) deleted text end new text begin (j) new text end , deleted text begin (i) deleted text end new text begin (k) new text end , and deleted text begin (j) deleted text end new text begin (l) new text end , were followed and a notice of the right of a data subject
to obtain access to other private data on the subject collected, created, or maintained under
this section. In addition, the notice shall include the length of time that the records will be
kept under subdivision 11c. new text begin When the investigation involves a nonlicensed personal care
provider agency as defined in section 256B.0659, regardless of the relationship of the victim
to the nonlicensed personal care attendant, the local welfare agency responsible for
investigating the report shall notify the personal care provider agency of the determination
and shall provide a summary of the specific reasons for the determination. The notice to
the personal care provider agency must include identifying private data, but cannot identify
the reporter of maltreatment. The notice must also include a certification that the procedures
under subdivision 10, paragraphs (i), (j), and (k), were followed and a notice of the right of
a data subject to obtain access to other private data on the subject collected, created, or
maintained under this section. In addition, the notice shall include the length of time that
the records will be kept according to subdivision 11c. new text end The investigating agency shall notify
the parent or guardian of the child who is the subject of the report, and any person or facility
determined to have maltreated a child, of their appeal or review rights under this section.
The notice must also state that a finding of maltreatment may result in denial of a license
or certification application or background study disqualification under chapter 245C related
to employment or services that are licensed or certified by the Department of Human Services
under chapter 245A or 245H, the Department of Health under chapter 144 or 144A, the
Department of Corrections under section 241.021, and from providing services related to
an unlicensed personal care provider organization under chapter 256B.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 77.

Minnesota Statutes 2018, section 626.556, subdivision 10m, is amended to read:

Subd. 10m.

Provision of child protective services; new text begin safety planning; new text end consultation with
county attorney.

(a) The local welfare agency shall create a written plan, in collaboration
with the family whenever possible, within 30 days of the determination that child protective
services are needed or upon joint agreement of the local welfare agency and the family that
family support and preservation services are needed. new text begin The plan may be part of a child
protective services plan, out-of-home placement plan, or reunification plan when the child
leaves foster care. new text end Child protective services for a family are voluntary deleted text begin unless deleted text end new text begin on the part of
the family unless new text end ordered by the court deleted text begin . deleted text end new text begin after a petition under section 260C.141 has been
filed. Family support and preservation services for a family are voluntary on the part of the
family unless the services are ordered by the court.
new text end

(b) new text begin When a child's removal from the care of a parent or guardian is necessary as part of
a safety plan, the removal must occur pursuant to a voluntary placement agreement under
section 260C.227; a court order under section 260C.151, subdivision 6, 260C.178 or
260C.201; or peace officer action authorized under section 260C.175, subdivision 1, clause
(2). The local agency must not use a delegation of power by a parent or guardian under
section 524.5-211 or the standby custodian provisions of chapter 257B as authority to support
removal of a child from the care of a parent or guardian.
new text end

new text begin (c) new text end The local welfare agency shall consult with the county attorney to determine the
appropriateness of filing a petition alleging the child is in need of protection or services
under section 260C.007, subdivision 6, if:

(1) the family does not accept or comply with a plan for child protective services new text begin or
safety plan new text end ;

(2) voluntary child protective services new text begin on the part of the family new text end may not provide sufficient
protection for the child; deleted text begin or
deleted text end

(3) the family is not cooperating with an investigation or assessment deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) removal of the child from the care of a parent or guardian is necessary and a voluntary
placement agreement under section 260C.227 may not provide sufficient protection for the
child.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 78.

Minnesota Statutes 2018, section 626.556, subdivision 11, is amended to read:

Subd. 11.

Records.

(a) Except as provided in paragraph (b) and subdivisions 10b, 10d,
10g, and 11b, all records concerning individuals maintained by a local welfare agency or
agency responsible for assessing or investigating the report under this section, including
new text begin not public information shared with an Indian's tribal social service agency under subdivision
10 and new text end any written reports filed under subdivision 7, shall be private data on individuals,
except insofar as copies of reports are required by subdivision 7 to be sent to the local police
department or the county sheriff. All records concerning determinations of maltreatment
by a facility are nonpublic data as maintained by the Department of Education, except insofar
as copies of reports are required by subdivision 7 to be sent to the local police department
or the county sheriff. Reports maintained by any police department or the county sheriff
shall be private data on individuals except the reports shall be made available to the
investigating, petitioning, or prosecuting authority, including county medical examiners or
county coroners. Section 13.82, subdivisions 8, 9, and 14, apply to law enforcement data
other than the reports. The local social services agency or agency responsible for assessing
or investigating the report shall make available to the investigating, petitioning, or prosecuting
authority, including county medical examiners or county coroners or their professional
delegates, any records which contain information relating to a specific incident of neglect
or abuse which is under investigation, petition, or prosecution and information relating to
any prior incidents of neglect or abuse involving any of the same persons. The records shall
be collected and maintained in accordance with the provisions of chapter 13. In conducting
investigations and assessments pursuant to this section, the notice required by section 13.04,
subdivision 2, need not be provided to a minor under the age of ten who is the alleged victim
of abuse or neglect. An individual subject of a record shall have access to the record in
accordance with those sections, except that the name of the reporter shall be confidential
while the report is under assessment or investigation except as otherwise permitted by this
subdivision. Any person conducting an investigation or assessment under this section new text begin or
who has received not public information as permitted by this subdivision and new text end who
intentionally discloses the identity of a reporter prior to the completion of the investigation
or assessment is guilty of a misdemeanor. After the assessment or investigation is completed,
the name of the reporter shall be confidential. The subject of the report may compel disclosure
of the name of the reporter only with the consent of the reporter or upon a written finding
by the court that the report was false and that there is evidence that the report was made in
bad faith. This subdivision does not alter disclosure responsibilities or obligations under
the Rules of Criminal Procedure.

(b) Upon request of the legislative auditor, data on individuals maintained under this
section must be released to the legislative auditor in order for the auditor to fulfill the auditor's
duties under section 3.971. The auditor shall maintain the data in accordance with chapter
13.

(c) The commissioner of education must be provided with all requested data that are
relevant to a report of maltreatment and are in possession of a school facility as defined in
subdivision 2, paragraph (c), when the data is requested pursuant to an assessment or
investigation of a maltreatment report of a student in a school. If the commissioner of
education makes a determination of maltreatment involving an individual performing work
within a school facility who is licensed by a board or other agency, the commissioner shall
provide necessary and relevant information to the licensing entity to enable the entity to
fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data received by a
licensing entity under this paragraph are governed by section 13.41 or other applicable law
governing data of the receiving entity, except that this section applies to the classification
of and access to data on the reporter of the maltreatment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 79.

Minnesota Statutes 2018, section 626.556, subdivision 11c, is amended to read:

Subd. 11c.

Welfare, court services agency, and school records
maintained.

Notwithstanding sections 138.163 and 138.17, records maintained or records
derived from reports of abuse by local welfare agencies, agencies responsible for assessing
or investigating the report, court services agencies, or schools under this section shall be
destroyed as provided in paragraphs (a) to (d) by the responsible authority.

(a) For reports alleging child maltreatment that were not accepted for assessment or
investigation, family assessment cases, and cases where an investigation results in no
determination of maltreatment or the need for child protective services, the records must
be maintained for a period of five years after the date the report was not accepted for
assessment or investigation or of the final entry in the case record. Records of reports that
were not accepted must contain sufficient information to identify the subjects of the report,
the nature of the alleged maltreatment, and the reasons as to why the report was not accepted.
Records under this paragraph may not be used for employment, background checks, or
purposes other than to assist in future screening decisions and risk and safety assessments.

(b) All records relating to reports which, upon investigation, indicate either maltreatment
or a need for child protective services shall be maintained for ten years after the date of the
final entry in the case record.

(c) All records regarding a report of maltreatment, including any notification of intent
to interview which was received by a school under subdivision 10, paragraph deleted text begin (d) deleted text end new text begin (e) new text end , shall
be destroyed by the school when ordered to do so by the agency conducting the assessment
or investigation. The agency shall order the destruction of the notification when other records
relating to the report under investigation or assessment are destroyed under this subdivision.

(d) Private or confidential data released to a court services agency under subdivision
10h must be destroyed by the court services agency when ordered to do so by the local
welfare agency that released the data. The local welfare agency or agency responsible for
assessing or investigating the report shall order destruction of the data when other records
relating to the assessment or investigation are destroyed under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 80.

Minnesota Statutes 2018, section 626.5561, subdivision 1, is amended to read:

Subdivision 1.

Reports required.

(a) Except as provided in paragraph (b), a person
mandated to report under section 626.556, subdivision 3, shall immediately report to the
local welfare agency if the person knows or has reason to believe that a woman is pregnant
and has used a controlled substance for a nonmedical purpose during the pregnancy,
including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages
during the pregnancy in any way that is habitual or excessive.

(b) A health care professional or a social service professional who is mandated to report
under section 626.556, subdivision 3, is exempt from reporting under paragraph (a) a
woman's use or consumption of tetrahydrocannabinol or alcoholic beverages during
pregnancy if the professional is providing the woman with prenatal care or other healthcare
services.

(c) Any person may make a voluntary report if the person knows or has reason to believe
that a woman is pregnant and has used a controlled substance for a nonmedical purpose
during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed
alcoholic beverages during the pregnancy in any way that is habitual or excessive.

(d) An oral report shall be made immediately by telephone or otherwise. deleted text begin An oral report
made by a person required to report shall be followed within 72 hours, exclusive of weekends
and holidays, by a report in writing to the local welfare agency. deleted text end Any report shall be of
sufficient content to identify the pregnant woman, the nature and extent of the use, if known,
and the name and address of the reporter. The local welfare agency shall accept a report
made under paragraph (c) notwithstanding refusal by a voluntary reporter to provide the
reporter's name or address as long as the report is otherwise sufficient.

(e) For purposes of this section, "prenatal care" means the comprehensive package of
medical and psychological support provided throughout the pregnancy.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 81.

Minnesota Statutes 2018, section 626.558, subdivision 2, is amended to read:

Subd. 2.

Duties of team.

A multidisciplinary child protection team may provide public
and professional education, develop resources for prevention, intervention, and treatment,
and provide case consultation new text begin including but not limited to screening, new text end to the local welfare
agency or other interested community-based agencies. The community-based agencies may
request case consultation from the multidisciplinary child protection team regarding a child
or family for whom the community-based agency is providing services. As used in this
section, "case consultation" means a case review process in which recommendations are
made concerning services to be provided to the identified children and family new text begin and which
may include screening new text end . Case consultation may be performed by a committee or subcommittee
of members representing human services, including mental health and chemical dependency;
law enforcement, including probation and parole; the county attorney; a children's advocacy
center; health care; education; community-based agencies and other necessary agencies;
and persons directly involved in an individual case as designated by other members
performing case consultation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019.
new text end

Sec. 82. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, sections 119B.125, subdivision 8; and 256J.751, subdivision
1, new text end new text begin are repealed.
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

APPENDIX

Repealed Minnesota Statutes: 19-4538

119B.125 PROVIDER REQUIREMENTS.

Subd. 8.

Overpayment claim for failure to comply with access to records requirement.

(a) In establishing an overpayment claim under subdivision 6 for failure to provide access to attendance records, the county or commissioner is limited to the six years prior to the date the county or the commissioner requested the attendance records.

(b) When the commissioner or county establishes an overpayment claim against a current or former provider, the commissioner or county must provide notice of the claim to the provider. A notice of overpayment claim must specify the reason for the overpayment, the authority for making the overpayment claim, the time period in which the overpayment occurred, the amount of the overpayment, and the provider's right to appeal.

(c) The commissioner or county may seek to recover overpayments paid to a current or former provider. When a provider has been convicted of fraud under section 256.98, theft under section 609.52, or a federal crime relating to theft of state funds or fraudulent billing for a program administered by the commissioner or a county, recovery may be sought regardless of the amount of overpayment.

256J.751 COUNTY PERFORMANCE MANAGEMENT.

Subdivision 1.

Monthly county caseload report.

The commissioner shall report monthly to each county the following caseload information:

(1) total number of cases receiving MFIP, and subtotals of cases with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent;

(2) total number of child only assistance cases;

(3) total number of eligible adults and children receiving an MFIP grant, and subtotals for cases with one eligible parent, two eligible parents, an eligible caregiver who is not a parent, and child only cases;

(4) number of cases with an exemption from the 60-month time limit based on a family violence waiver;

(5) number of MFIP cases with work hours, and subtotals for cases with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent;

(6) number of employed MFIP cases, and subtotals for cases with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent;

(7) average monthly gross earnings, and averages for subgroups of cases with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent;

(8) number of employed cases receiving only the food portion of assistance;

(9) number of parents or caregivers exempt from work activity requirements, with subtotals for each exemption type; and

(10) number of cases with a sanction, with subtotals by level of sanction for cases with one eligible parent, two eligible parents, and an eligible caregiver who is not a parent.