1.1 A bill for an act
1.2 relating to human services; changing child placement
1.3 provisions; modifying provisions governing child
1.4 maltreatment investigations; classifying data and
1.5 authorizing data sharing; imposing certain duties;
1.6 requiring a study and report; amending Minnesota
1.7 Statutes 2000, sections 13.319, by adding a
1.8 subdivision; 13.32, subdivision 3; 13.43, by adding a
1.9 subdivision; 13.46, subdivision 2; 119B.02, by adding
1.10 a subdivision; 144.225, by adding a subdivision;
1.11 256.01, subdivision 2; 256.045, subdivision 3b;
1.12 260.012; 260C.007, subdivisions 4, 14, by adding
1.13 subdivisions; 260C.141, subdivision 2; 260C.151,
1.14 subdivision 6; 260C.178, subdivisions 1, 7; 260C.193,
1.15 subdivision 3; 260C.201, subdivisions 1, 2, 5, 6, 7,
1.16 10, 11, by adding a subdivision; 260C.205; 260C.212,
1.17 subdivisions 1, 2, 4, 5, 7, 8, 9; 260C.215,
1.18 subdivision 6; 260C.301, subdivisions 1, 3, 4, 8;
1.19 260C.312; 260C.317, subdivision 3; 260C.325,
1.20 subdivision 4; 626.556, subdivisions 2, 3, 4, 7, 10,
1.21 10b, 10d, 10e, 10i, 10j, 11; proposing coding for new
1.22 law in Minnesota Statutes, chapter 256F; repealing
1.23 Minnesota Statutes 2000, sections 260C.325,
1.24 subdivision 2; 626.5565.
1.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.26 ARTICLE 1
1.27 CHILD PLACEMENT
1.28 Section 1. Minnesota Statutes 2000, section 144.225, is
1.29 amended by adding a subdivision to read:
1.30 Subd. 2b. [COMMISSIONER OF HEALTH;
1.31 DUTIES.] Notwithstanding the designation of certain of this data
1.32 as confidential under subdivision 2 or private under subdivision
1.33 2a, the commissioner shall give the commissioner of human
1.34 services access to birth record data and data contained in
1.35 recognitions of parentage prepared according to section 257.75
2.1 necessary to enable the commissioner of human services to
2.2 identify a child who is subject to threatened injury, as defined
2.3 in section 626.556, subdivision 2, paragraph (l), by a person
2.4 responsible for the child's care, as defined in section 626.556,
2.5 subdivision 2, paragraph (b), clause (1). The commissioner
2.6 shall be given access to all data included on official birth
2.7 certificates.
2.8 Sec. 2. Minnesota Statutes 2000, section 256.01,
2.9 subdivision 2, is amended to read:
2.10 Subd. 2. [SPECIFIC POWERS.] Subject to the provisions of
2.11 section 241.021, subdivision 2, the commissioner of human
2.12 services shall:
2.13 (1) Administer and supervise all forms of public assistance
2.14 provided for by state law and other welfare activities or
2.15 services as are vested in the commissioner. Administration and
2.16 supervision of human services activities or services includes,
2.17 but is not limited to, assuring timely and accurate distribution
2.18 of benefits, completeness of service, and quality program
2.19 management. In addition to administering and supervising human
2.20 services activities vested by law in the department, the
2.21 commissioner shall have the authority to:
2.22 (a) require county agency participation in training and
2.23 technical assistance programs to promote compliance with
2.24 statutes, rules, federal laws, regulations, and policies
2.25 governing human services;
2.26 (b) monitor, on an ongoing basis, the performance of county
2.27 agencies in the operation and administration of human services,
2.28 enforce compliance with statutes, rules, federal laws,
2.29 regulations, and policies governing welfare services and promote
2.30 excellence of administration and program operation;
2.31 (c) develop a quality control program or other monitoring
2.32 program to review county performance and accuracy of benefit
2.33 determinations;
2.34 (d) require county agencies to make an adjustment to the
2.35 public assistance benefits issued to any individual consistent
2.36 with federal law and regulation and state law and rule and to
3.1 issue or recover benefits as appropriate;
3.2 (e) delay or deny payment of all or part of the state and
3.3 federal share of benefits and administrative reimbursement
3.4 according to the procedures set forth in section 256.017;
3.5 (f) make contracts with and grants to public and private
3.6 agencies and organizations, both profit and nonprofit, and
3.7 individuals, using appropriated funds; and
3.8 (g) enter into contractual agreements with federally
3.9 recognized Indian tribes with a reservation in Minnesota to the
3.10 extent necessary for the tribe to operate a federally approved
3.11 family assistance program or any other program under the
3.12 supervision of the commissioner. The commissioner shall consult
3.13 with the affected county or counties in the contractual
3.14 agreement negotiations, if the county or counties wish to be
3.15 included, in order to avoid the duplication of county and tribal
3.16 assistance program services. The commissioner may establish
3.17 necessary accounts for the purposes of receiving and disbursing
3.18 funds as necessary for the operation of the programs.
3.19 (2) Inform county agencies, on a timely basis, of changes
3.20 in statute, rule, federal law, regulation, and policy necessary
3.21 to county agency administration of the programs.
3.22 (3) Administer and supervise all child welfare activities;
3.23 promote the enforcement of laws protecting handicapped,
3.24 dependent, neglected and delinquent children, and children born
3.25 to mothers who were not married to the children's fathers at the
3.26 times of the conception nor at the births of the children;
3.27 license and supervise child-caring and child-placing agencies
3.28 and institutions; supervise the care of children in boarding and
3.29 foster homes or in private institutions; and generally perform
3.30 all functions relating to the field of child welfare now vested
3.31 in the state board of control.
3.32 (4) Administer and supervise all noninstitutional service
3.33 to handicapped persons, including those who are visually
3.34 impaired, hearing impaired, or physically impaired or otherwise
3.35 handicapped. The commissioner may provide and contract for the
3.36 care and treatment of qualified indigent children in facilities
4.1 other than those located and available at state hospitals when
4.2 it is not feasible to provide the service in state hospitals.
4.3 (5) Assist and actively cooperate with other departments,
4.4 agencies and institutions, local, state, and federal, by
4.5 performing services in conformity with the purposes of Laws
4.6 1939, chapter 431.
4.7 (6) Act as the agent of and cooperate with the federal
4.8 government in matters of mutual concern relative to and in
4.9 conformity with the provisions of Laws 1939, chapter 431,
4.10 including the administration of any federal funds granted to the
4.11 state to aid in the performance of any functions of the
4.12 commissioner as specified in Laws 1939, chapter 431, and
4.13 including the promulgation of rules making uniformly available
4.14 medical care benefits to all recipients of public assistance, at
4.15 such times as the federal government increases its participation
4.16 in assistance expenditures for medical care to recipients of
4.17 public assistance, the cost thereof to be borne in the same
4.18 proportion as are grants of aid to said recipients.
4.19 (7) Establish and maintain any administrative units
4.20 reasonably necessary for the performance of administrative
4.21 functions common to all divisions of the department.
4.22 (8) Act as designated guardian of both the estate and the
4.23 person of all the wards of the state of Minnesota, whether by
4.24 operation of law or by an order of court, without any further
4.25 act or proceeding whatever, except as to persons committed as
4.26 mentally retarded. For children under the guardianship of the
4.27 commissioner whose interests would be best served by adoptive
4.28 placement, the commissioner may contract with a licensed
4.29 child-placing agency or a Minnesota tribal social services
4.30 agency to provide adoption services. A contract with a licensed
4.31 child-placing agency must be designed to supplement existing
4.32 county efforts and may not replace existing county programs,
4.33 unless the replacement is agreed to by the county board and the
4.34 appropriate exclusive bargaining representative or the
4.35 commissioner has evidence that child placements of the county
4.36 continue to be substantially below that of other counties.
5.1 Funds encumbered and obligated under an agreement for a specific
5.2 child shall remain available until the terms of the agreement
5.3 are fulfilled or the agreement is terminated.
5.4 (9) Act as coordinating referral and informational center
5.5 on requests for service for newly arrived immigrants coming to
5.6 Minnesota.
5.7 (10) The specific enumeration of powers and duties as
5.8 hereinabove set forth shall in no way be construed to be a
5.9 limitation upon the general transfer of powers herein contained.
5.10 (11) Establish county, regional, or statewide schedules of
5.11 maximum fees and charges which may be paid by county agencies
5.12 for medical, dental, surgical, hospital, nursing and nursing
5.13 home care and medicine and medical supplies under all programs
5.14 of medical care provided by the state and for congregate living
5.15 care under the income maintenance programs.
5.16 (12) Have the authority to conduct and administer
5.17 experimental projects to test methods and procedures of
5.18 administering assistance and services to recipients or potential
5.19 recipients of public welfare. To carry out such experimental
5.20 projects, it is further provided that the commissioner of human
5.21 services is authorized to waive the enforcement of existing
5.22 specific statutory program requirements, rules, and standards in
5.23 one or more counties. The order establishing the waiver shall
5.24 provide alternative methods and procedures of administration,
5.25 shall not be in conflict with the basic purposes, coverage, or
5.26 benefits provided by law, and in no event shall the duration of
5.27 a project exceed four years. It is further provided that no
5.28 order establishing an experimental project as authorized by the
5.29 provisions of this section shall become effective until the
5.30 following conditions have been met:
5.31 (a) The secretary of health and human services of the
5.32 United States has agreed, for the same project, to waive state
5.33 plan requirements relative to statewide uniformity.
5.34 (b) A comprehensive plan, including estimated project
5.35 costs, shall be approved by the legislative advisory commission
5.36 and filed with the commissioner of administration.
6.1 (13) According to federal requirements, establish
6.2 procedures to be followed by local welfare boards in creating
6.3 citizen advisory committees, including procedures for selection
6.4 of committee members.
6.5 (14) Allocate federal fiscal disallowances or sanctions
6.6 which are based on quality control error rates for the aid to
6.7 families with dependent children program formerly codified in
6.8 sections 256.72 to 256.87, medical assistance, or food stamp
6.9 program in the following manner:
6.10 (a) One-half of the total amount of the disallowance shall
6.11 be borne by the county boards responsible for administering the
6.12 programs. For the medical assistance and the AFDC program
6.13 formerly codified in sections 256.72 to 256.87, disallowances
6.14 shall be shared by each county board in the same proportion as
6.15 that county's expenditures for the sanctioned program are to the
6.16 total of all counties' expenditures for the AFDC program
6.17 formerly codified in sections 256.72 to 256.87, and medical
6.18 assistance programs. For the food stamp program, sanctions
6.19 shall be shared by each county board, with 50 percent of the
6.20 sanction being distributed to each county in the same proportion
6.21 as that county's administrative costs for food stamps are to the
6.22 total of all food stamp administrative costs for all counties,
6.23 and 50 percent of the sanctions being distributed to each county
6.24 in the same proportion as that county's value of food stamp
6.25 benefits issued are to the total of all benefits issued for all
6.26 counties. Each county shall pay its share of the disallowance
6.27 to the state of Minnesota. When a county fails to pay the
6.28 amount due hereunder, the commissioner may deduct the amount
6.29 from reimbursement otherwise due the county, or the attorney
6.30 general, upon the request of the commissioner, may institute
6.31 civil action to recover the amount due.
6.32 (b) Notwithstanding the provisions of paragraph (a), if the
6.33 disallowance results from knowing noncompliance by one or more
6.34 counties with a specific program instruction, and that knowing
6.35 noncompliance is a matter of official county board record, the
6.36 commissioner may require payment or recover from the county or
7.1 counties, in the manner prescribed in paragraph (a), an amount
7.2 equal to the portion of the total disallowance which resulted
7.3 from the noncompliance, and may distribute the balance of the
7.4 disallowance according to paragraph (a).
7.5 (15) Develop and implement special projects that maximize
7.6 reimbursements and result in the recovery of money to the
7.7 state. For the purpose of recovering state money, the
7.8 commissioner may enter into contracts with third parties. Any
7.9 recoveries that result from projects or contracts entered into
7.10 under this paragraph shall be deposited in the state treasury
7.11 and credited to a special account until the balance in the
7.12 account reaches $1,000,000. When the balance in the account
7.13 exceeds $1,000,000, the excess shall be transferred and credited
7.14 to the general fund. All money in the account is appropriated
7.15 to the commissioner for the purposes of this paragraph.
7.16 (16) Have the authority to make direct payments to
7.17 facilities providing shelter to women and their children
7.18 according to section 256D.05, subdivision 3. Upon the written
7.19 request of a shelter facility that has been denied payments
7.20 under section 256D.05, subdivision 3, the commissioner shall
7.21 review all relevant evidence and make a determination within 30
7.22 days of the request for review regarding issuance of direct
7.23 payments to the shelter facility. Failure to act within 30 days
7.24 shall be considered a determination not to issue direct payments.
7.25 (17) Have the authority to establish and enforce the
7.26 following county reporting requirements:
7.27 (a) The commissioner shall establish fiscal and statistical
7.28 reporting requirements necessary to account for the expenditure
7.29 of funds allocated to counties for human services programs.
7.30 When establishing financial and statistical reporting
7.31 requirements, the commissioner shall evaluate all reports, in
7.32 consultation with the counties, to determine if the reports can
7.33 be simplified or the number of reports can be reduced.
7.34 (b) The county board shall submit monthly or quarterly
7.35 reports to the department as required by the commissioner.
7.36 Monthly reports are due no later than 15 working days after the
8.1 end of the month. Quarterly reports are due no later than 30
8.2 calendar days after the end of the quarter, unless the
8.3 commissioner determines that the deadline must be shortened to
8.4 20 calendar days to avoid jeopardizing compliance with federal
8.5 deadlines or risking a loss of federal funding. Only reports
8.6 that are complete, legible, and in the required format shall be
8.7 accepted by the commissioner.
8.8 (c) If the required reports are not received by the
8.9 deadlines established in clause (b), the commissioner may delay
8.10 payments and withhold funds from the county board until the next
8.11 reporting period. When the report is needed to account for the
8.12 use of federal funds and the late report results in a reduction
8.13 in federal funding, the commissioner shall withhold from the
8.14 county boards with late reports an amount equal to the reduction
8.15 in federal funding until full federal funding is received.
8.16 (d) A county board that submits reports that are late,
8.17 illegible, incomplete, or not in the required format for two out
8.18 of three consecutive reporting periods is considered
8.19 noncompliant. When a county board is found to be noncompliant,
8.20 the commissioner shall notify the county board of the reason the
8.21 county board is considered noncompliant and request that the
8.22 county board develop a corrective action plan stating how the
8.23 county board plans to correct the problem. The corrective
8.24 action plan must be submitted to the commissioner within 45 days
8.25 after the date the county board received notice of noncompliance.
8.26 (e) The final deadline for fiscal reports or amendments to
8.27 fiscal reports is one year after the date the report was
8.28 originally due. If the commissioner does not receive a report
8.29 by the final deadline, the county board forfeits the funding
8.30 associated with the report for that reporting period and the
8.31 county board must repay any funds associated with the report
8.32 received for that reporting period.
8.33 (f) The commissioner may not delay payments, withhold
8.34 funds, or require repayment under paragraph (c) or (e) if the
8.35 county demonstrates that the commissioner failed to provide
8.36 appropriate forms, guidelines, and technical assistance to
9.1 enable the county to comply with the requirements. If the
9.2 county board disagrees with an action taken by the commissioner
9.3 under paragraph (c) or (e), the county board may appeal the
9.4 action according to sections 14.57 to 14.69.
9.5 (g) Counties subject to withholding of funds under
9.6 paragraph (c) or forfeiture or repayment of funds under
9.7 paragraph (e) shall not reduce or withhold benefits or services
9.8 to clients to cover costs incurred due to actions taken by the
9.9 commissioner under paragraph (c) or (e).
9.10 (18) Allocate federal fiscal disallowances or sanctions for
9.11 audit exceptions when federal fiscal disallowances or sanctions
9.12 are based on a statewide random sample for the foster care
9.13 program under title IV-E of the Social Security Act, United
9.14 States Code, title 42, in direct proportion to each county's
9.15 title IV-E foster care maintenance claim for that period.
9.16 (19) Be responsible for ensuring the detection, prevention,
9.17 investigation, and resolution of fraudulent activities or
9.18 behavior by applicants, recipients, and other participants in
9.19 the human services programs administered by the department.
9.20 (20) Require county agencies to identify overpayments,
9.21 establish claims, and utilize all available and cost-beneficial
9.22 methodologies to collect and recover these overpayments in the
9.23 human services programs administered by the department.
9.24 (21) Have the authority to administer a drug rebate program
9.25 for drugs purchased pursuant to the prescription drug program
9.26 established under section 256.955 after the beneficiary's
9.27 satisfaction of any deductible established in the program. The
9.28 commissioner shall require a rebate agreement from all
9.29 manufacturers of covered drugs as defined in section 256B.0625,
9.30 subdivision 13. Rebate agreements for prescription drugs
9.31 delivered on or after July 1, 2002, must include rebates for
9.32 individuals covered under the prescription drug program who are
9.33 under 65 years of age. For each drug, the amount of the rebate
9.34 shall be equal to the basic rebate as defined for purposes of
9.35 the federal rebate program in United States Code, title 42,
9.36 section 1396r-8(c)(1). This basic rebate shall be applied to
10.1 single-source and multiple-source drugs. The manufacturers must
10.2 provide full payment within 30 days of receipt of the state
10.3 invoice for the rebate within the terms and conditions used for
10.4 the federal rebate program established pursuant to section 1927
10.5 of title XIX of the Social Security Act. The manufacturers must
10.6 provide the commissioner with any information necessary to
10.7 verify the rebate determined per drug. The rebate program shall
10.8 utilize the terms and conditions used for the federal rebate
10.9 program established pursuant to section 1927 of title XIX of the
10.10 Social Security Act.
10.11 (22) Operate the department's communication systems account
10.12 established in Laws 1993, First Special Session chapter 1,
10.13 article 1, section 2, subdivision 2, to manage shared
10.14 communication costs necessary for the operation of the programs
10.15 the commissioner supervises. A communications account may also
10.16 be established for each regional treatment center which operates
10.17 communications systems. Each account must be used to manage
10.18 shared communication costs necessary for the operations of the
10.19 programs the commissioner supervises. The commissioner may
10.20 distribute the costs of operating and maintaining communication
10.21 systems to participants in a manner that reflects actual usage.
10.22 Costs may include acquisition, licensing, insurance,
10.23 maintenance, repair, staff time and other costs as determined by
10.24 the commissioner. Nonprofit organizations and state, county,
10.25 and local government agencies involved in the operation of
10.26 programs the commissioner supervises may participate in the use
10.27 of the department's communications technology and share in the
10.28 cost of operation. The commissioner may accept on behalf of the
10.29 state any gift, bequest, devise or personal property of any
10.30 kind, or money tendered to the state for any lawful purpose
10.31 pertaining to the communication activities of the department.
10.32 Any money received for this purpose must be deposited in the
10.33 department's communication systems accounts. Money collected by
10.34 the commissioner for the use of communication systems must be
10.35 deposited in the state communication systems account and is
10.36 appropriated to the commissioner for purposes of this section.
11.1 (23) Receive any federal matching money that is made
11.2 available through the medical assistance program for the
11.3 consumer satisfaction survey. Any federal money received for
11.4 the survey is appropriated to the commissioner for this
11.5 purpose. The commissioner may expend the federal money received
11.6 for the consumer satisfaction survey in either year of the
11.7 biennium.
11.8 (24) Incorporate cost reimbursement claims from First Call
11.9 Minnesota into the federal cost reimbursement claiming processes
11.10 of the department according to federal law, rule, and
11.11 regulations. Any reimbursement received is appropriated to the
11.12 commissioner and shall be disbursed to First Call Minnesota
11.13 according to normal department payment schedules.
11.14 (25) Develop recommended standards for foster care homes
11.15 that address the components of specialized therapeutic services
11.16 to be provided by foster care homes with those services.
11.17 Sec. 3. [256F.14] [FAMILY GROUP DECISION-MAKING.]
11.18 Subdivision 1. [DEFINITIONS.] (a) For purposes of this
11.19 section, family includes relatives of the child. "Relative"
11.20 means an adult who is a stepparent, grandparent, brother,
11.21 sister, uncle, aunt, or other extended family member of the
11.22 minor by blood, marriage, or adoption. Relative also includes
11.23 anyone with whom the child has resided or had a significant
11.24 relationship.
11.25 For an Indian child, "relative" includes members of the
11.26 extended family as defined by the law or custom of the Indian
11.27 child's tribe or, in the absence of law or custom, nieces,
11.28 nephews, or first or second cousins, as provided in the Indian
11.29 Child Welfare Act of 1978, United States Code, title 25, section
11.30 1903.
11.31 (b) For purposes of this section, "relative care" means one
11.32 or more of the following: respite care, a monitoring agreement,
11.33 a designated caregiver agreement under chapter 257A, access to
11.34 information about a child, the right to make decisions about a
11.35 child's residence, education, religious training, or health
11.36 care, a custody consent decree under section 257.0215, or joint
12.1 or sole legal or physical custody of a child. Relative care may
12.2 also mean the voluntary establishment of an order permanently
12.3 placing the child away from the care of the parent under section
12.4 260C.201, subdivision 11.
12.5 (c) For purposes of this section, "relative care agreement"
12.6 means an agreement regarding the care of a child that has been
12.7 reached by the parents and interested relatives of the child
12.8 after the parents and interested relatives have participated in
12.9 a family group decision-making meeting under this section. It
12.10 may include relative care, the provision of services by the
12.11 responsible social services agency, or any other legally
12.12 available plan that protects the safety and stability of the
12.13 child.
12.14 Subd. 2. [FAMILY GROUP DECISION-MAKING MEETING.] A
12.15 responsible social services agency may proceed under this
12.16 section if it appears at any point in a particular case that a
12.17 family group decision-making meeting may be in the best
12.18 interests of the child. The responsible social services agency
12.19 may select a facilitator to convene and facilitate such a
12.20 meeting.
12.21 The purpose of the family group decision-making meeting is
12.22 to have the parent or parents and relatives of a child develop a
12.23 plan to provide for the safety and stability of the child. The
12.24 outcome of a family group decision-making meeting may be a
12.25 relative care agreement or any other agreement between the
12.26 parents, the relatives, and, where appropriate, the child and
12.27 the responsible social services agency that addresses the safety
12.28 and permanency needs of the child including an agreement to
12.29 voluntarily establish an order permanently placing the child out
12.30 of the care of the parent under section 260C.201, subdivision 11.
12.31 Subd. 3. [FACILITATOR TRAINING; IMMUNITY.] A facilitator
12.32 must receive 12 hours of training in family group
12.33 decision-making or similar training prior to facilitating a
12.34 family group decision-making meeting. A facilitator who
12.35 complies with the training requirement of this subdivision and
12.36 acts in good faith has immunity from criminal or civil liability
13.1 that might otherwise arise from the actions of the facilitator
13.2 in convening or facilitating a family group decision-making
13.3 meeting.
13.4 Sec. 4. Minnesota Statutes 2000, section 260.012, is
13.5 amended to read:
13.6 260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
13.7 REUNIFICATION; REASONABLE EFFORTS.]
13.8 (a) Once a child alleged to be in need of protection or
13.9 services is under the court's jurisdiction, the court shall
13.10 ensure that reasonable efforts including culturally appropriate
13.11 services by the social services agency are made to prevent
13.12 placement or to eliminate the need for removal and to reunite
13.13 the child with the child's family at the earliest possible time,
13.14 consistent with the best interests, safety, and protection of
13.15 the child. In determining reasonable efforts to be made with
13.16 respect to a child and in making those reasonable efforts, the
13.17 child's health and safety must be of paramount concern.
13.18 Reasonable efforts for rehabilitation and reunification are not
13.19 required upon a determination by the court that:
13.20 (1) a termination of parental rights petition has been
13.21 filed stating a prima facie case that:
13.22 (i) the parent has subjected a child to egregious harm as
13.23 defined in section 260C.007, subdivision 26;
13.24 (ii) the parental rights of the parent to another child
13.25 have been terminated involuntarily; or
13.26 (iii) the child is an abandoned infant under section
13.27 260C.301, subdivision 2, paragraph (a), clause (2); or
13.28 (iv) the parent's custodial rights to another child have
13.29 been involuntarily transferred to a relative under section
13.30 260C.201, subdivision 11, paragraph (e), clause (1), or a
13.31 similar law of another jurisdiction;
13.32 (2) the county attorney has filed a determination not to
13.33 proceed with a termination of parental rights petition on these
13.34 grounds was made under section 260C.301, subdivision 3,
13.35 paragraph (b), and a permanency hearing is held within 30 days
13.36 of the determination; or
14.1 (3) a termination of parental rights petition or other
14.2 petition according to section 260C.201, subdivision 11, has been
14.3 filed alleging a prima facie case that the provision of services
14.4 or further services for the purpose of reunification is futile
14.5 and therefore unreasonable under the circumstances.
14.6 In the case of an Indian child, in proceedings under
14.7 sections 260B.178 or 260C.178, 260C.201, and 260C.301 the
14.8 juvenile court must make findings and conclusions consistent
14.9 with the Indian Child Welfare Act of 1978, United States Code,
14.10 title 25, section 1901 et seq., as to the provision of active
14.11 efforts. If a child is under the court's delinquency
14.12 jurisdiction, it shall be the duty of the court to ensure that
14.13 reasonable efforts are made to reunite the child with the
14.14 child's family at the earliest possible time, consistent with
14.15 the best interests of the child and the safety of the public.
14.16 (b) "Reasonable efforts" means the exercise of due
14.17 diligence by the responsible social services agency to use
14.18 appropriate and available services to meet the needs of the
14.19 child and the child's family in order to prevent removal of the
14.20 child from the child's family; or upon removal, services to
14.21 eliminate the need for removal and reunite the family.
14.22 (1) Services may include those listed under section
14.23 256F.07, subdivision 3, and other appropriate services available
14.24 in the community.
14.25 (2) At each stage of the proceedings where the court is
14.26 required to review the appropriateness of the responsible social
14.27 services agency's reasonable efforts, the social services agency
14.28 has the burden of demonstrating that it has made reasonable
14.29 efforts, or that provision of services or further services for
14.30 the purpose of rehabilitation and reunification is futile and
14.31 therefore unreasonable under the circumstances or that
14.32 reasonable efforts aimed at reunification are not required under
14.33 this section. The agency may meet this burden by stating facts
14.34 in a sworn petition filed under section 260C.141, or by filing
14.35 an affidavit summarizing the agency's reasonable efforts or
14.36 facts the agency believes demonstrate there is no need for
15.1 reasonable efforts to reunify the parent and child.
15.2 (3) No reasonable efforts for reunification are required
15.3 when the court makes a determination under paragraph (a) unless,
15.4 after a hearing according to section 260C.163, the court finds
15.5 there is not clear and convincing evidence of the facts upon
15.6 which the court based its prima facie determination. In this
15.7 case, the court may proceed under section 260C.312.
15.8 Reunification of a surviving child with a parent is not required
15.9 if the parent has been convicted of:
15.10 (i) a violation of, or an attempt or conspiracy to commit a
15.11 violation of, sections 609.185 to 609.20; 609.222, subdivision
15.12 2; or 609.223 in regard to another child of the parent;
15.13 (ii) a violation of section 609.222, subdivision 2; or
15.14 609.223, in regard to the surviving child; or
15.15 (iii) a violation of, or an attempt or conspiracy to commit
15.16 a violation of, United States Code, title 18, section 1111(a) or
15.17 1112(a), in regard to another child of the parent.
15.18 (c) The juvenile court, in proceedings under sections
15.19 260B.178 or 260C.178, 260C.201, and 260C.301 shall make findings
15.20 and conclusions as to the provision of reasonable efforts. When
15.21 determining whether reasonable efforts have been made, the court
15.22 shall consider whether services to the child and family were:
15.23 (1) relevant to the safety and protection of the child;
15.24 (2) adequate to meet the needs of the child and family;
15.25 (3) culturally appropriate;
15.26 (4) available and accessible;
15.27 (5) consistent and timely; and
15.28 (6) realistic under the circumstances.
15.29 In the alternative, the court may determine that provision
15.30 of services or further services for the purpose of
15.31 rehabilitation is futile and therefore unreasonable under the
15.32 circumstances or that reasonable efforts are not required as
15.33 provided in paragraph (a).
15.34 (d) This section does not prevent out-of-home placement for
15.35 treatment of a child with a mental disability when the child's
15.36 diagnostic assessment or individual treatment plan indicates
16.1 that appropriate and necessary treatment cannot be effectively
16.2 provided outside of a residential or inpatient treatment program.
16.3 (e) If continuation of reasonable efforts described in
16.4 paragraph (b) is determined by the court to be inconsistent with
16.5 the permanent plan for the child, or upon a determination under
16.6 paragraph (a), reasonable efforts must be made to place the
16.7 child in a timely manner in accordance with the permanent plan
16.8 ordered by the court and to complete whatever steps are
16.9 necessary to finalize the permanent plan for the child.
16.10 (f) Reasonable efforts to place a child for adoption or in
16.11 another permanent placement may be made concurrently with
16.12 reasonable efforts as described in paragraphs (a) and (b). When
16.13 the responsible social services agency decides to concurrently
16.14 make reasonable efforts for both reunification and permanent
16.15 placement away from the parent under paragraphs (a) and (b), the
16.16 agency shall disclose its decision and both plans for concurrent
16.17 reasonable efforts to all parties and the court. When the
16.18 agency discloses its decision to proceed on both plans for
16.19 reunification and permanent placement away from the parent, the
16.20 court's review of the agency's reasonable efforts shall include
16.21 the agency's efforts under paragraphs (a) and (b).
16.22 Sec. 5. Minnesota Statutes 2000, section 260C.007, is
16.23 amended by adding a subdivision to read:
16.24 Subd. 2a. [CASE PLAN.] "Case plan" means any plan for the
16.25 delivery of services to a child and parent or guardian, or, when
16.26 reunification is not required, the child alone, that is
16.27 developed according to the requirements of section 245.4871,
16.28 subdivision 19 or 21; 245.492, subdivision 16; 256B.092;
16.29 256E.08; 260C.212, subdivision 1; or 626.556, subdivision 10.
16.30 Sec. 6. Minnesota Statutes 2000, section 260C.007,
16.31 subdivision 4, is amended to read:
16.32 Subd. 4. [CHILD IN NEED OF PROTECTION OR SERVICES.] "Child
16.33 in need of protection or services" means a child who is in need
16.34 of protection or services because the child:
16.35 (1) is abandoned or without parent, guardian, or custodian;
16.36 (2)(i) has been a victim of physical or sexual abuse, (ii)
17.1 resides with or has resided with a victim of domestic child
17.2 abuse as defined in subdivision 25, (iii) resides with or would
17.3 reside with a perpetrator of domestic child abuse or child abuse
17.4 as defined in subdivision 25, or (iv) is a victim of emotional
17.5 maltreatment as defined in subdivision 8;
17.6 (3) is without necessary food, clothing, shelter,
17.7 education, or other required care for the child's physical or
17.8 mental health or morals because the child's parent, guardian, or
17.9 custodian is unable or unwilling to provide that care;
17.10 (4) is without the special care made necessary by a
17.11 physical, mental, or emotional condition because the child's
17.12 parent, guardian, or custodian is unable or unwilling to provide
17.13 that care, including a child in voluntary placement according to
17.14 release of the parent under section 260C.212, subdivision 9 due
17.15 solely to the child's developmental disability or emotional
17.16 disturbance;
17.17 (5) is medically neglected, which includes, but is not
17.18 limited to, the withholding of medically indicated treatment
17.19 from a disabled infant with a life-threatening condition. The
17.20 term "withholding of medically indicated treatment" means the
17.21 failure to respond to the infant's life-threatening conditions
17.22 by providing treatment, including appropriate nutrition,
17.23 hydration, and medication which, in the treating physician's or
17.24 physicians' reasonable medical judgment, will be most likely to
17.25 be effective in ameliorating or correcting all conditions,
17.26 except that the term does not include the failure to provide
17.27 treatment other than appropriate nutrition, hydration, or
17.28 medication to an infant when, in the treating physician's or
17.29 physicians' reasonable medical judgment:
17.30 (i) the infant is chronically and irreversibly comatose;
17.31 (ii) the provision of the treatment would merely prolong
17.32 dying, not be effective in ameliorating or correcting all of the
17.33 infant's life-threatening conditions, or otherwise be futile in
17.34 terms of the survival of the infant; or
17.35 (iii) the provision of the treatment would be virtually
17.36 futile in terms of the survival of the infant and the treatment
18.1 itself under the circumstances would be inhumane;
18.2 (6) is one whose parent, guardian, or other custodian for
18.3 good cause desires to be relieved of the child's care and
18.4 custody, including a child in placement according to voluntary
18.5 release by the parent under section 260C.212, subdivision 8;
18.6 (7) has been placed for adoption or care in violation of
18.7 law;
18.8 (8) is without proper parental care because of the
18.9 emotional, mental, or physical disability, or state of
18.10 immaturity of the child's parent, guardian, or other custodian;
18.11 (9) is one whose behavior, condition, or environment is
18.12 such as to be injurious or dangerous to the child or others. An
18.13 injurious or dangerous environment may include, but is not
18.14 limited to, the exposure of a child to criminal activity in the
18.15 child's home;
18.16 (10) is experiencing growth delays, which may be referred
18.17 to as failure to thrive, that have been diagnosed by a physician
18.18 and are due to parental neglect;
18.19 (11) has engaged in prostitution as defined in section
18.20 609.321, subdivision 9;
18.21 (12) has committed a delinquent act or a juvenile petty
18.22 offense before becoming ten years old;
18.23 (13) is a runaway;
18.24 (14) is a habitual truant;
18.25 (15) has been found incompetent to proceed or has been
18.26 found not guilty by reason of mental illness or mental
18.27 deficiency in connection with a delinquency proceeding, a
18.28 certification under section 260B.125, an extended jurisdiction
18.29 juvenile prosecution, or a proceeding involving a juvenile petty
18.30 offense; or
18.31 (16) has been found by the court to have committed domestic
18.32 abuse perpetrated by a minor under Laws 1997, chapter 239,
18.33 article 10, sections 2 to 26, has been ordered excluded from the
18.34 child's parent's home by an order for protection/minor
18.35 respondent, and the parent or guardian is either unwilling or
18.36 unable to provide an alternative safe living arrangement for the
19.1 child.
19.2 Sec. 7. Minnesota Statutes 2000, section 260C.007, is
19.3 amended by adding a subdivision to read:
19.4 Subd. 5a. [COMPELLING REASONS.] "Compelling reasons" means
19.5 an individualized determination by the responsible social
19.6 services agency, which is approved by the court, not to initiate
19.7 proceedings to terminate parental rights or transfer permanent
19.8 legal and physical custody of a child to the child's relative or
19.9 former noncustodial parent.
19.10 Sec. 8. Minnesota Statutes 2000, section 260C.007, is
19.11 amended by adding a subdivision to read:
19.12 Subd. 7a. [DEVELOPMENTAL DISABILITY.] "Developmental
19.13 disability" means developmental disability as defined in United
19.14 States Code, title 42, section 6001(8).
19.15 Sec. 9. Minnesota Statutes 2000, section 260C.007,
19.16 subdivision 14, is amended to read:
19.17 Subd. 14. [RELATIVE.] "Relative" means a parent,
19.18 stepparent, grandparent, brother, sister, uncle, or aunt of the
19.19 minor. This relationship may be by blood or marriage. For an
19.20 Indian child, relative includes members of the extended family
19.21 as defined by the law or custom of the Indian child's tribe or,
19.22 in the absence of laws or custom, nieces, nephews, or first or
19.23 second cousins, as provided in the Indian Child Welfare Act of
19.24 1978, United States Code, title 25, section 1903. For purposes
19.25 of child in need of protection or services proceedings,
19.26 termination of parental rights proceedings, and permanency
19.27 proceedings under section 260C.201, subdivision 11, relative
19.28 means a person related to the child by blood, marriage, or
19.29 adoption, or an individual who is an important friend with whom
19.30 the child has resided or had significant contact. For an Indian
19.31 child, relative includes members of the extended family as
19.32 defined by the law or custom of the Indian child's tribe or, in
19.33 the absence of laws or custom, nieces, nephews, or first or
19.34 second cousins, as provided in the Indian Child Welfare Act of
19.35 1978, United States Code, title 25, section 1903.
19.36 Sec. 10. Minnesota Statutes 2000, section 260C.007, is
20.1 amended by adding a subdivision to read:
20.2 Subd. 27. [EMOTIONALLY DISTURBED.] "Emotionally disturbed"
20.3 means emotional disturbance as described in section 245.4871,
20.4 subdivision 15.
20.5 Sec. 11. Minnesota Statutes 2000, section 260C.141,
20.6 subdivision 2, is amended to read:
20.7 Subd. 2. [REVIEW OF FOSTER CARE STATUS.] The social
20.8 services agency responsible for the placement of a child in a
20.9 residential facility, as defined in section 260C.212,
20.10 subdivision 1, pursuant to a voluntary release by the child's
20.11 parent or parents may bring a petition must proceed in juvenile
20.12 court to review the foster care status of the child in the
20.13 manner provided in this section. The responsible social
20.14 services agency shall file either a petition alleging the child
20.15 to be in need of protection or services or a petition to
20.16 terminate parental rights or other permanency petition under
20.17 section 260C.201, subdivision 11.
20.18 (a) In the case of Except for a child in placement due
20.19 solely to the child's developmental disability or emotional
20.20 disturbance, when a child continues in voluntary placement
20.21 according to section 260C.212, subdivision 8, the a petition
20.22 shall be filed alleging the child to be in need of protection or
20.23 services or seeking termination of parental rights or other
20.24 permanent placement of the child away from the parent within 90
20.25 days of the date of the voluntary placement agreement and. The
20.26 petition shall state the reasons why the child is in placement,
20.27 the progress on the case out-of-home placement plan required
20.28 under section 260C.212, subdivision 1, and the statutory basis
20.29 for the petition under section 260C.007, subdivision 4,
20.30 260C.201, subdivision 11, or 260C.301.
20.31 (1) In the case of a petition alleging the child to be in
20.32 need of protection or services filed under this paragraph, if
20.33 all parties agree and the court finds it is in the best
20.34 interests of the child, the court may find the petition states a
20.35 prima facie case that:
20.36 (i) the child's needs are being met;
21.1 (ii) the placement of the child in foster care is in the
21.2 best interests of the child; and
21.3 (iii) reasonable efforts to reunify the child and the
21.4 parent or guardian are being made; and
21.5 (iv) the child will be returned home in the next six three
21.6 months.
21.7 (2) If the court makes findings under paragraph (1), the
21.8 court shall approve the voluntary arrangement and continue the
21.9 matter for up to six three more months to ensure the child
21.10 returns to the parents' home. The responsible social services
21.11 agency shall:
21.12 (i) report to the court when the child returns home and the
21.13 progress made by the parent on the case out-of-home placement
21.14 plan required under section 260C.212, in which case the court
21.15 shall dismiss jurisdiction;
21.16 (ii) report to the court that the child has not returned
21.17 home, in which case the matter shall be returned to the court
21.18 for further proceedings under section 260C.163; or
21.19 (iii) if any party does not agree to continue the matter
21.20 under paragraph (1) and this paragraph, the matter shall proceed
21.21 under section 260C.163.
21.22 (b) In the case of a child in voluntary placement due
21.23 solely to the child's developmental disability or emotional
21.24 disturbance according to section 260C.212, subdivision 9,
21.25 the petition shall be filed within six months of the date of the
21.26 voluntary placement agreement and following procedures apply:
21.27 (1) [REPORT TO COURT.] (i) Unless the county attorney
21.28 determines that a petition under subdivision 1 is appropriate,
21.29 without filing a petition, a written report, shall be forwarded
21.30 to the court within 165 days of the date of the voluntary
21.31 placement agreement. The written report shall contain necessary
21.32 identifying information for the court to proceed, a copy of the
21.33 out-of-home placement plan required under section 260C.212,
21.34 subdivision 1, a written summary of the proceedings of any
21.35 administrative review required under section 260C.212,
21.36 subdivision 7, and any other information the responsible social
22.1 services agency, parent or guardian, the child or the foster
22.2 parent or other residential facility wants the court to consider.
22.3 (ii) The responsible social services agency, where
22.4 appropriate, must advise the child, parent or guardian, the
22.5 foster parent, or representative of the residential facility of
22.6 the requirements of this section and of their right to submit
22.7 information to the court. If the child, parent or guardian,
22.8 foster parent, or representative of the residential facility
22.9 want to send information to the court, the responsible social
22.10 services agency shall advise those persons of the reporting date
22.11 and the identifying information necessary for the court
22.12 administrator to accept the information and submit it to a judge
22.13 with the agency's report. The responsible social services
22.14 agency must also notify those persons that they have the right
22.15 to be heard in person by the court and how to exercise that
22.16 right. The responsible social services agency must also provide
22.17 notice that an in-court hearing will not be held unless
22.18 requested by a parent or guardian, foster parent, or the child.
22.19 (iii) After receiving the required report, the court has
22.20 jurisdiction to make the following determinations and must do so
22.21 within ten days of receiving the forwarded report: (i) whether
22.22 or not the placement of the child is in the child's best
22.23 interests; and (ii) whether the parent and agency are
22.24 appropriately planning for the child. Unless requested by a
22.25 parent or guardian, foster parent, or child, no in-court hearing
22.26 need be held in order for the court to make findings and issue
22.27 an order under this paragraph.
22.28 (iv) If the court finds the placement is in the child's
22.29 best interests and that the agency and parent are appropriately
22.30 planning for the child, the court shall issue an order
22.31 containing explicit, individualized findings to support its
22.32 determination. The court shall send a copy of the order to the
22.33 county attorney, the responsible social services agency, the
22.34 parent or guardian, the child, and the foster parents. The
22.35 court shall also send the parent or guardian, the child, and the
22.36 foster parent notice of the required review under clause (2).
23.1 (v) If the court finds continuing the placement not to be
23.2 in the child's best interests or that the agency or the parent
23.3 or guardian is not appropriately planning for the child, the
23.4 court shall notify the county attorney, the responsible social
23.5 services agency, the parent or guardian, the foster parent, the
23.6 child, and the county attorney of the court's determinations and
23.7 the basis for the court's determinations.
23.8 (2) [PERMANENCY REVIEW BY PETITION.] If a child with a
23.9 developmental disability or an emotional disturbance continues
23.10 in out-of-home placement for 13 months from the date of a
23.11 voluntary placement, a petition alleging the child to be in need
23.12 of protection or services, for termination of parental rights or
23.13 for permanent placement of the child away from the parent under
23.14 section 260C.201 shall be filed. The court shall conduct a
23.15 permanency hearing on the petition no later than 14 months after
23.16 the date of the voluntary placement. At the permanency hearing,
23.17 the court shall determine the need for an order permanently
23.18 placing the child away from the parent or determine whether
23.19 there are compelling reasons that continued voluntary placement
23.20 is in the child's best interests. A petition alleging the child
23.21 to be in need of protection or services shall state the date of
23.22 the voluntary placement agreement, the nature of the child's
23.23 developmental delay disability or emotional handicap
23.24 disturbance, the plan for the ongoing care of the child, the
23.25 parents' participation in the plan, and the statutory basis for
23.26 the petition.
23.27 (1) In the case of petitions (i) If a petition alleging the
23.28 child to be in need of protection or services is filed under
23.29 this paragraph, the court may find, based on the contents of the
23.30 sworn petition, and the agreement of all parties, including the
23.31 child, where appropriate, that there are compelling reasons that
23.32 the voluntary arrangement is in the best interests of the child,
23.33 approve the continued voluntary arrangement placement,
23.34 and dismiss continue the matter from further under the court's
23.35 jurisdiction for the purpose of reviewing the child's placement
23.36 as a continued voluntary arrangement every 12 months as long as
24.1 the child continues in out-of-home placement. The court shall
24.2 give notice to the responsible social services agency that The
24.3 matter must be returned to the court for further review if the
24.4 child remains in placement after every 12 months as long as the
24.5 child remains in placement. The court shall give notice to the
24.6 parent or guardian of the continued review requirements under
24.7 this section. Nothing in this paragraph shall be construed to
24.8 mean the court must order permanent placement for the child
24.9 under section 260C.201, subdivision 11, as long as the court
24.10 finds compelling reasons at the first review required under this
24.11 section.
24.12 (ii) If a petition for termination of parental rights, for
24.13 transfer of permanent legal and physical custody to a relative,
24.14 for long-term foster care, or for foster care for a specified
24.15 period of time is filed, the court must proceed under section
24.16 260C.201, subdivision 11.
24.17 (2) (3) If any party, including the child, disagrees with
24.18 the voluntary arrangement, the court shall proceed under section
24.19 260C.163.
24.20 Sec. 12. Minnesota Statutes 2000, section 260C.151,
24.21 subdivision 6, is amended to read:
24.22 Subd. 6. [IMMEDIATE CUSTODY.] If it appears from the court
24.23 makes individualized, explicit findings, based on the notarized
24.24 petition or by sworn affidavit, that there are reasonable
24.25 grounds to believe the child is in surroundings or conditions
24.26 which endanger the child's health, safety or welfare and that
24.27 require that the child's custody be immediately assumed by the
24.28 court and that continuation of the child in the custody of the
24.29 parent or guardian is contrary to the child's welfare, the court
24.30 may order, by endorsement upon the summons, that the officer
24.31 serving the summons shall take the child into immediate custody.
24.32 Sec. 13. Minnesota Statutes 2000, section 260C.178,
24.33 subdivision 1, is amended to read:
24.34 Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) If
24.35 a child was taken into custody under section 260C.175,
24.36 subdivision 1, clause (a) or (b)(2), the court shall hold a
25.1 hearing within 72 hours of the time the child was taken into
25.2 custody, excluding Saturdays, Sundays, and holidays, to
25.3 determine whether the child should continue in custody.
25.4 (b) Unless there is reason to believe that the child would
25.5 endanger self or others, not return for a court hearing, run
25.6 away from the child's parent, guardian, or custodian or
25.7 otherwise not remain in the care or control of the person to
25.8 whose lawful custody the child is released, or that the child's
25.9 health or welfare would be immediately endangered, the child
25.10 shall be released to the custody of a parent, guardian,
25.11 custodian, or other suitable person, subject to reasonable
25.12 conditions of release including, but not limited to, a
25.13 requirement that the child undergo a chemical use assessment as
25.14 provided in section 260C.157, subdivision 1. In determining
25.15 whether the child's health or welfare would be immediately
25.16 endangered, the court shall consider whether the child would
25.17 reside with a perpetrator of domestic child abuse. In a
25.18 proceeding regarding a child in need of protection or services,
25.19 (c) The court, before determining whether a child should
25.20 continue in custody, shall also make a determination, consistent
25.21 with section 260.012 as to whether reasonable efforts, or in the
25.22 case of an Indian child, active efforts, according to the Indian
25.23 Child Welfare Act of 1978, United States Code, title 25, section
25.24 1912(d), were made to prevent placement or to reunite the child
25.25 with the child's family, or that reasonable efforts were not
25.26 possible. The court shall also determine whether there are
25.27 available services that would prevent the need for further
25.28 detention. In the alternative, the court shall determine that
25.29 reasonable efforts are not required if the court makes a prima
25.30 facie determination that one of the circumstances under
25.31 paragraph (e) exists.
25.32 If the court finds the social services agency's preventive
25.33 or reunification efforts have not been reasonable but further
25.34 preventive or reunification efforts could not permit the child
25.35 to safely remain at home, the court may nevertheless authorize
25.36 or continue the removal of the child.
26.1 (d) The court may not order or continue the foster care
26.2 placement of the child unless the court makes explicit,
26.3 individualized findings that continued custody of the child by
26.4 the parent or guardian would be contrary to the welfare of the
26.5 child.
26.6 (c) (e) At the detention hearing, or at any time prior to
26.7 an adjudicatory hearing during the course of the proceeding, and
26.8 upon notice and request of the county attorney, the court shall
26.9 make the following determinations:
26.10 (1) whether a termination of parental rights petition has
26.11 been filed stating a prima facie case that:
26.12 (i) the parent has subjected a child to egregious harm as
26.13 defined in section 260C.007, subdivision 26;
26.14 (ii) the parental rights of the parent to another child
26.15 have been involuntarily terminated; or
26.16 (iii) the child is an abandoned infant under section
26.17 260C.301, subdivision 2, paragraph (a), clause (2);
26.18 (2) that the county attorney has determined not to proceed
26.19 with a termination of parental rights petition under section
26.20 260C.307; or
26.21 (3) whether a termination of parental rights petition or
26.22 other petition according to section 260C.201, subdivision 11,
26.23 has been filed alleging a prima facie case that the provision of
26.24 services or further services for the purpose of rehabilitation
26.25 and reunification is futile and therefore unreasonable under the
26.26 circumstances.
26.27 If the court determines that the county attorney is not
26.28 proceeding with a termination of parental rights petition under
26.29 section 260C.307, but is proceeding with a petition under
26.30 section 260C.201, subdivision 11, the court shall schedule a
26.31 permanency hearing within 30 days. If the county attorney has
26.32 filed a petition under section 260C.307, the court shall
26.33 schedule a trial under section 260C.163 within 90 days of the
26.34 filing of the petition except when the county attorney
26.35 determines that the criminal case shall proceed to trial first
26.36 under section 260C.201, subdivision 3.
27.1 (d) (f) If the court determines the child should be ordered
27.2 into out-of-home placement and the child's parent refuses to
27.3 give information to the responsible social services agency
27.4 regarding the child's father or relatives of the child, the
27.5 court may order the parent to disclose the names, addresses,
27.6 telephone numbers, and other identifying information to the
27.7 local responsible social services agency for the purpose of
27.8 complying with the requirements of sections 260C.151, 260C.212,
27.9 and 260C.215.
27.10 (g) If a child ordered into out-of-home placement has
27.11 siblings, whether full, half, or step, who are also ordered into
27.12 placement, the court shall inquire of the responsible social
27.13 services agency of the efforts to place the children together as
27.14 required by section 260C.212, subdivision 2, paragraph (d), if
27.15 placement together is in each child's best interests, unless a
27.16 child is in placement due solely to the child's own behavior or
27.17 a child is placed with a previously noncustodial parent who is
27.18 not parent to all siblings. If the children are not placed
27.19 together at the time of the hearing, the court shall inquire at
27.20 each subsequent hearing of the agency's efforts to place the
27.21 siblings together. If any sibling is not placed with another
27.22 sibling or siblings, the agency must develop a plan for
27.23 visitation among the siblings as required under section
27.24 260C.212, subdivision 1.
27.25 Sec. 14. Minnesota Statutes 2000, section 260C.178,
27.26 subdivision 7, is amended to read:
27.27 Subd. 7. [CASE OUT-OF-HOME PLACEMENT PLAN.] (a) A case An
27.28 out-of-home placement plan required under section 260C.212 shall
27.29 be filed with the court within 30 days of the filing of a
27.30 petition alleging the child to be in need of protection or
27.31 services under section 260C.141, subdivision 1, or filed with
27.32 the petition if the petition is a review of a voluntary
27.33 placement under section 260C.141, subdivision 2.
27.34 (b) Upon the filing of the case out-of-home placement plan,
27.35 the court may approve the case plan based on the allegations
27.36 contained in the petition. The court shall send written notice
28.1 of the approval of the out-of-home placement plan to all parties
28.2 and the county attorney or may state such approval on the record
28.3 at a hearing. A parent may agree to comply with the terms of
28.4 the case plan filed with the court.
28.5 (c) Upon notice and motion by a parent who agrees to comply
28.6 with the terms of a case an out-of-home placement plan, the
28.7 court may modify the case plan and order the responsible social
28.8 services agency to provide other or additional services for
28.9 reunification, if reunification efforts are required, and the
28.10 court determines the agency's case plan inadequate under section
28.11 260.012.
28.12 (d) Unless the parent agrees to comply with the terms of
28.13 the case out-of-home placement plan, the court may not order a
28.14 parent to comply with the provisions of the case plan until the
28.15 court makes a determination under section 260C.201, subdivision
28.16 1. However, the court may find that the responsible social
28.17 services agency has made reasonable efforts for reunification if
28.18 the agency makes efforts to implement the terms of an
28.19 out-of-home placement plan approved under this section.
28.20 Sec. 15. Minnesota Statutes 2000, section 260C.193,
28.21 subdivision 3, is amended to read:
28.22 Subd. 3. [PROTECTION OF THE CHILD'S BEST INTERESTS
28.23 INTEREST OF THE CHILD IN FOSTER CARE OR RESIDENTIAL CARE.] (a)
28.24 The policy of the state is to ensure that the best interests of
28.25 children in foster or residential care are met by requiring
28.26 individualized determinations under section 260C.212,
28.27 subdivision 2, paragraph (b), of the needs of the child and of
28.28 how the selected placement will serve the needs of the child in
28.29 foster care placements.
28.30 (b) Among the factors to be considered in determining the
28.31 needs of the child are:
28.32 (1) the child's current functioning and behaviors;
28.33 (2) the medical, educational, and developmental needs of
28.34 the child;
28.35 (3) the child's history and past experience;
28.36 (4) the child's religious and cultural needs;
29.1 (5) the child's connection with a community, school, and
29.2 church;
29.3 (6) the child's interests and talents;
29.4 (7) the child's relationship to current caretakers,
29.5 parents, siblings, and relatives; and
29.6 (8) the reasonable preference of the child, if the court,
29.7 or in the case of a voluntary placement the child-placing
29.8 agency, deems the child to be of sufficient age to express
29.9 preferences.
29.10 (c) (b) The court, in transferring legal custody of any
29.11 child or appointing a guardian for the child under the laws
29.12 relating to juvenile courts, shall consider placement, shall
29.13 review whether the responsible social services agency made
29.14 efforts as required under section 260C.212, subdivision 5, and
29.15 made an individualized determination as required under section
29.16 260C.212, subdivision 2. If the court finds the agency has not
29.17 made efforts as required under section 260C.212, subdivision 5,
29.18 and there is a relative who qualifies to be licensed to provide
29.19 family foster care under chapter 245A, the court may order the
29.20 child placed with the relative consistent with the child's best
29.21 interests and in the following order, in the legal custody or
29.22 guardianship of an individual who (1) is related to the child by
29.23 blood, marriage, or adoption, or (2) is an important friend with
29.24 whom the child has resided or had significant contact.
29.25 (c) If the child's birth parent or parents explicitly
29.26 request that a relative or important friend not be considered,
29.27 the court shall honor that request if it is consistent with the
29.28 best interests of the child. If the child's birth parent or
29.29 parents express a preference for placing the child in a foster
29.30 or adoptive home of the same or a similar religious background
29.31 to that of the birth parent or parents, the court shall order
29.32 placement of the child with an individual who meets the birth
29.33 parent's religious preference.
29.34 (d) Placement of a child cannot be delayed or denied based
29.35 on race, color, or national origin of the foster parent or the
29.36 child.
30.1 (e) Whenever possible, siblings should be placed together
30.2 unless it is determined not to be in the best interests of a
30.3 sibling. If siblings are not placed together according to
30.4 section 260C.212, subdivision 2, paragraph (d), the responsible
30.5 social services agency shall report to the court the efforts
30.6 made to place the siblings together and why the efforts were not
30.7 successful. If the court is not satisfied with the agency's
30.8 efforts to place siblings together, the court may order the
30.9 agency to make further efforts. If siblings are not placed
30.10 together the court shall review the responsible social services
30.11 agency's plan for visitation among siblings required as part of
30.12 the out-of-home placement plan under section 260C.212.
30.13 (d) If the child's birth parent or parents explicitly
30.14 request that a relative or important friend not be considered,
30.15 the court shall honor that request if it is consistent with the
30.16 best interests of the child.
30.17 If the child's birth parent or parents express a preference
30.18 for placing the child in a foster or adoptive home of the same
30.19 or a similar religious background to that of the birth parent or
30.20 parents, the court shall order placement of the child with an
30.21 individual who meets the birth parent's religious preference.
30.22 (e) (f) This subdivision does not affect the Indian Child
30.23 Welfare Act, United States Code, title 25, sections 1901 to
30.24 1923, and the Minnesota Indian Family Preservation Act, sections
30.25 260.751 to 260.835.
30.26 Sec. 16. Minnesota Statutes 2000, section 260C.201,
30.27 subdivision 1, is amended to read:
30.28 Subdivision 1. [DISPOSITIONS.] (a) If the court finds that
30.29 the child is in need of protection or services or neglected and
30.30 in foster care, it shall enter an order making any of the
30.31 following dispositions of the case:
30.32 (1) place the child under the protective supervision of the
30.33 local responsible social services agency or child-placing agency
30.34 in the home of a parent of the child under conditions prescribed
30.35 by the court directed to the correction of the child's need for
30.36 protection or services, or:
31.1 (i) the court may order the child into the home of a parent
31.2 who does not otherwise have legal custody of the child, however,
31.3 an order under this section does not confer legal custody on
31.4 that parent;
31.5 (ii) if the court orders the child into the home of a
31.6 father who is not adjudicated, he must cooperate with paternity
31.7 establishment proceedings regarding the child in the appropriate
31.8 jurisdiction as one of the conditions prescribed by the court
31.9 for the child to continue in his home;
31.10 (iii) the court may order the child into the home of a
31.11 noncustodial parent with conditions and may also order both the
31.12 noncustodial and the custodial parent to comply with the
31.13 requirements of a case plan under subdivision 2; or
31.14 (2) transfer legal custody to one of the following:
31.15 (i) a child-placing agency; or
31.16 (ii) the local responsible social services agency. In
31.17 placing a child whose custody has been transferred under this
31.18 paragraph, the agencies shall follow the requirements of section
31.19 260C.193, subdivision 3; make an individualized determination of
31.20 how the placement is in the child's best interests using the
31.21 consideration for relatives and the best interest factors in
31.22 section 260C.212, subdivision 2, paragraph (b); or
31.23 (3) if the child is in need of special treatment and care
31.24 for reasons of physical or mental health, the court may order
31.25 the child's parent, guardian, or custodian to provide it. If
31.26 the parent, guardian, or custodian fails or is unable to provide
31.27 this treatment or care, the court may order it provided. The
31.28 court shall not transfer legal custody of the child for the
31.29 purpose of obtaining special treatment or care solely because
31.30 the parent is unable to provide the treatment or care. If the
31.31 court's order for mental health treatment is based on a
31.32 diagnosis made by a treatment professional, the court may order
31.33 that the diagnosing professional not provide the treatment to
31.34 the child if it finds that such an order is in the child's best
31.35 interests; or
31.36 (4) if the court believes that the child has sufficient
32.1 maturity and judgment and that it is in the best interests of
32.2 the child, the court may order a child 16 years old or older to
32.3 be allowed to live independently, either alone or with others as
32.4 approved by the court under supervision the court considers
32.5 appropriate, if the county board, after consultation with the
32.6 court, has specifically authorized this dispositional
32.7 alternative for a child.
32.8 (b) If the child was adjudicated in need of protection or
32.9 services because the child is a runaway or habitual truant, the
32.10 court may order any of the following dispositions in addition to
32.11 or as alternatives to the dispositions authorized under
32.12 paragraph (a):
32.13 (1) counsel the child or the child's parents, guardian, or
32.14 custodian;
32.15 (2) place the child under the supervision of a probation
32.16 officer or other suitable person in the child's own home under
32.17 conditions prescribed by the court, including reasonable rules
32.18 for the child's conduct and the conduct of the parents,
32.19 guardian, or custodian, designed for the physical, mental, and
32.20 moral well-being and behavior of the child; or with the consent
32.21 of the commissioner of corrections, place the child in a group
32.22 foster care facility which is under the commissioner's
32.23 management and supervision;
32.24 (3) subject to the court's supervision, transfer legal
32.25 custody of the child to one of the following:
32.26 (i) a reputable person of good moral character. No person
32.27 may receive custody of two or more unrelated children unless
32.28 licensed to operate a residential program under sections 245A.01
32.29 to 245A.16; or
32.30 (ii) a county probation officer for placement in a group
32.31 foster home established under the direction of the juvenile
32.32 court and licensed pursuant to section 241.021;
32.33 (4) require the child to pay a fine of up to $100. The
32.34 court shall order payment of the fine in a manner that will not
32.35 impose undue financial hardship upon the child;
32.36 (5) require the child to participate in a community service
33.1 project;
33.2 (6) order the child to undergo a chemical dependency
33.3 evaluation and, if warranted by the evaluation, order
33.4 participation by the child in a drug awareness program or an
33.5 inpatient or outpatient chemical dependency treatment program;
33.6 (7) if the court believes that it is in the best interests
33.7 of the child and of public safety that the child's driver's
33.8 license or instruction permit be canceled, the court may order
33.9 the commissioner of public safety to cancel the child's license
33.10 or permit for any period up to the child's 18th birthday. If
33.11 the child does not have a driver's license or permit, the court
33.12 may order a denial of driving privileges for any period up to
33.13 the child's 18th birthday. The court shall forward an order
33.14 issued under this clause to the commissioner, who shall cancel
33.15 the license or permit or deny driving privileges without a
33.16 hearing for the period specified by the court. At any time
33.17 before the expiration of the period of cancellation or denial,
33.18 the court may, for good cause, order the commissioner of public
33.19 safety to allow the child to apply for a license or permit, and
33.20 the commissioner shall so authorize;
33.21 (8) order that the child's parent or legal guardian deliver
33.22 the child to school at the beginning of each school day for a
33.23 period of time specified by the court; or
33.24 (9) require the child to perform any other activities or
33.25 participate in any other treatment programs deemed appropriate
33.26 by the court.
33.27 To the extent practicable, the court shall enter a
33.28 disposition order the same day it makes a finding that a child
33.29 is in need of protection or services or neglected and in foster
33.30 care, but in no event more than 15 days after the finding unless
33.31 the court finds that the best interests of the child will be
33.32 served by granting a delay. If the child was under eight years
33.33 of age at the time the petition was filed, the disposition order
33.34 must be entered within ten days of the finding and the court may
33.35 not grant a delay unless good cause is shown and the court finds
33.36 the best interests of the child will be served by the delay.
34.1 (c) If a child who is 14 years of age or older is
34.2 adjudicated in need of protection or services because the child
34.3 is a habitual truant and truancy procedures involving the child
34.4 were previously dealt with by a school attendance review board
34.5 or county attorney mediation program under section 260A.06 or
34.6 260A.07, the court shall order a cancellation or denial of
34.7 driving privileges under paragraph (b), clause (7), for any
34.8 period up to the child's 18th birthday.
34.9 (d) In the case of a child adjudicated in need of
34.10 protection or services because the child has committed domestic
34.11 abuse and been ordered excluded from the child's parent's home,
34.12 the court shall dismiss jurisdiction if the court, at any time,
34.13 finds the parent is able or willing to provide an alternative
34.14 safe living arrangement for the child, as defined in Laws 1997,
34.15 chapter 239, article 10, section 2.
34.16 (e) When a parent has complied with a case plan ordered
34.17 under subdivision 6 and the child is in the care of the parent,
34.18 the court may order the responsible social services agency to
34.19 monitor the parent's continued ability to maintain the child
34.20 safely in the home under such terms and conditions as the court
34.21 determines appropriate under the circumstances.
34.22 Sec. 17. Minnesota Statutes 2000, section 260C.201,
34.23 subdivision 2, is amended to read:
34.24 Subd. 2. [WRITTEN FINDINGS.] (a) Any order for a
34.25 disposition authorized under this section shall contain written
34.26 findings of fact to support the disposition and case plan
34.27 ordered and shall also set forth in writing the following
34.28 information:
34.29 (a) (1) Why the best interests and safety of the child are
34.30 served by the disposition and case plan ordered;
34.31 (b) (2) What alternative dispositions or services under the
34.32 case plan were considered by the court and why such dispositions
34.33 or services were not appropriate in the instant case;
34.34 (c) How the court's disposition complies with the
34.35 requirements of section 260C.193, subdivision 3 (3) When legal
34.36 custody of the child is transferred, the appropriateness of the
35.1 particular placement made or to be made by the placing agency
35.2 using the factors in section 260C.212, subdivision 2, paragraph
35.3 (b); and
35.4 (d) (4) Whether reasonable efforts consistent with section
35.5 260.012 were made to prevent or eliminate the necessity of the
35.6 child's removal and to reunify the family after removal. The
35.7 court's findings must include a brief description of what
35.8 preventive and reunification efforts were made and why further
35.9 efforts could not have prevented or eliminated the necessity of
35.10 removal or that reasonable efforts were not required under
35.11 section 260.012 or 260C.178, subdivision 1.
35.12 (b) If the court finds that the social services agency's
35.13 preventive or reunification efforts have not been reasonable but
35.14 that further preventive or reunification efforts could not
35.15 permit the child to safely remain at home, the court may
35.16 nevertheless authorize or continue the removal of the child.
35.17 (c) If the child has been identified by the responsible
35.18 social services agency as the subject of concurrent permanency
35.19 planning, the court shall review the reasonable efforts of the
35.20 agency to recruit, identify, and make a placement in a home
35.21 where the foster parent or relative that has committed to being
35.22 the legally permanent home for the child in the event
35.23 reunification efforts are not successful.
35.24 Sec. 18. Minnesota Statutes 2000, section 260C.201,
35.25 subdivision 5, is amended to read:
35.26 Subd. 5. [VISITATION.] If the court orders that the child
35.27 be placed outside of the child's home or present residence, it
35.28 shall set reasonable rules for supervised or unsupervised
35.29 parental visitation that contribute to the objectives of the
35.30 court order and the maintenance of the familial relationship.
35.31 No parent may be denied visitation unless the court finds at the
35.32 disposition hearing that the visitation would act to prevent the
35.33 achievement of the order's objectives or that it would endanger
35.34 the child's physical or emotional well-being. The court shall
35.35 set reasonable rules for visitation for any relatives as defined
35.36 in section 260C.193, subdivision 3 260C.007, subdivision 14, and
36.1 with siblings of the child, if visitation is consistent with the
36.2 best interests of the child.
36.3 Sec. 19. Minnesota Statutes 2000, section 260C.201,
36.4 subdivision 6, is amended to read:
36.5 Subd. 6. [CASE PLAN.] (a) For each disposition ordered
36.6 where the child is placed away from a parent or guardian, the
36.7 court shall order the appropriate responsible social services
36.8 agency to prepare a written case out-of-home placement
36.9 plan according to the requirements of section 260C.212,
36.10 subdivision 1. developed after consultation with any foster
36.11 parents, and consultation with and participation by the child
36.12 and the child's parent, guardian, or custodian, guardian ad
36.13 litem, and tribal representative if the tribe has intervened.
36.14 The case plan shall comply with the requirements of section
36.15 260C.212, where applicable. The case plan shall, among other
36.16 matters, specify the actions to be taken by the child and the
36.17 child's parent, guardian, foster parent, or custodian to ensure
36.18 the child's safety and to comply with the court's disposition
36.19 order, and the services to be offered and provided by the agency
36.20 to the child and the child's parent, guardian, or custodian.
36.21 The court shall review the case plan and, upon approving it,
36.22 incorporate the plan into its disposition order. The court may
36.23 review and modify the terms of the case plan in the manner
36.24 provided in subdivision 2. For each disposition ordered, the
36.25 written case plan shall specify what reasonable efforts shall be
36.26 provided to the family. The case plan must include a discussion
36.27 of:
36.28 (1) the availability of appropriate prevention and
36.29 reunification services for the family to safely prevent the
36.30 removal of the child from the home or to safely reunify the
36.31 child with the family after removal;
36.32 (2) any services or resources that were requested by the
36.33 child or the child's parent, guardian, foster parent, or
36.34 custodian since the date of initial adjudication, and whether
36.35 those services or resources were provided or the basis for
36.36 denial of the services or resources;
37.1 (3) the need of the child and family for care, treatment,
37.2 or rehabilitation;
37.3 (4) the need for participation by the parent, guardian, or
37.4 custodian in the plan of care for the child;
37.5 (5) the visitation rights and obligations of the parent or
37.6 other relatives, as defined in section 260C.193, subdivision 3,
37.7 during any period when the child is placed outside the home;
37.8 (6) a description of any services that could safely prevent
37.9 placement or reunify the family if such services were available;
37.10 and
37.11 (7) the need for continued monitoring of the child and
37.12 family by the appropriate local social services agency once the
37.13 family has completed all services required in the case plan.
37.14 (b) In cases where the child is not placed out of the home
37.15 or is ordered into the home of a noncustodial parent, the
37.16 responsible social services agency shall prepare a plan for
37.17 delivery of social services to the child and custodial parent
37.18 under section 626.556, subdivision 10, or any other case plan
37.19 required to meet the needs of the child. The plan shall be
37.20 designed to safely maintain the child in the home or to reunite
37.21 the child with the custodial parent.
37.22 (c) The court may approve the case plan as presented or
37.23 modify it after hearing from the parties. Once the plan is
37.24 approved, the court shall order all parties to comply with it.
37.25 A copy of the approved case plan shall be attached to the
37.26 court's order and incorporated into it by reference.
37.27 (d) A party has a right to request a court review of the
37.28 reasonableness of the case plan upon a showing of a substantial
37.29 change of circumstances.
37.30 Sec. 20. Minnesota Statutes 2000, section 260C.201,
37.31 subdivision 7, is amended to read:
37.32 Subd. 7. [ORDER DURATION.] Subject to subdivisions 10 and
37.33 11, all orders under this section shall be for a specified
37.34 length of time set by the court not to exceed one year.
37.35 However, before the order has expired and upon its own motion or
37.36 that of any interested party, the court shall, after notice to
38.1 the parties and a hearing, renew the order for another year or
38.2 make some other disposition of the case, until the individual is
38.3 no longer a minor. Any person to whom responsible social
38.4 services agency receiving legal custody is transferred of a
38.5 child shall report to the court in writing at such periods as
38.6 the court may direct and as required under juvenile court rules.
38.7 Sec. 21. Minnesota Statutes 2000, section 260C.201,
38.8 subdivision 10, is amended to read:
38.9 Subd. 10. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If
38.10 the court places a child in a residential facility, as defined
38.11 in section 260C.212, subdivision 1, the court shall review the
38.12 out-of-home placement at least every six months as required in
38.13 juvenile court rules to determine whether continued out-of-home
38.14 placement is necessary and appropriate or whether the child
38.15 should be returned home.
38.16 (b) No later than six months after the child's out-of-home
38.17 placement, the court shall review agency efforts pursuant to
38.18 section 260C.215, subdivision 1 260C.212, subdivision 2, and
38.19 order that the efforts continue if the agency has failed to
38.20 perform the duties under that section.
38.21 (c) The court shall review the case out-of-home placement
38.22 plan and may modify the case plan as provided under subdivisions
38.23 6 and 7.
38.24 If (d) When the court orders continued out-of-home
38.25 placement, the court shall notify the parents of the provisions
38.26 of subdivision subdivisions 11 and 11a as required under
38.27 juvenile court rules.
38.28 (b) When the court determines that a permanent placement
38.29 hearing is necessary because there is a likelihood that the
38.30 child will not return to a parent's care, the court may
38.31 authorize the agency with custody of the child to send the
38.32 notice provided in section 260C.212, subdivision 5, paragraph
38.33 (b), or may modify the requirements of the agency under section
38.34 260C.212, subdivision 5, paragraph (b), or may completely
38.35 relieve the responsible social services agency of the
38.36 requirements of section 260C.212, subdivision 5, paragraph (b),
39.1 when the child is placed with an appropriate relative who wishes
39.2 to provide a permanent home for the child. The actions ordered
39.3 by the court under this section must be consistent with the best
39.4 interests, safety, and welfare of the child.
39.5 Sec. 22. Minnesota Statutes 2000, section 260C.201,
39.6 subdivision 11, is amended to read:
39.7 Subd. 11. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT
39.8 PLACEMENT DETERMINATION.] (a) Except for cases where the child
39.9 is in placement due solely to the child's status as
39.10 developmentally delayed under United States Code, title 42,
39.11 section 6001(7), developmental disability or emotionally
39.12 handicapped under section 252.27 emotional disturbance, and
39.13 where custody has not been transferred to the responsible social
39.14 services agency, and the court finds compelling reasons under
39.15 section 260C.007, subdivision 5a, the court shall conduct a
39.16 hearing to determine the permanent status of a child not later
39.17 than 12 months after the child is placed out of the home of the
39.18 parent, except that if the child was under eight years of age at
39.19 the time the petition was filed, the hearing must be conducted
39.20 no later than six months after the child is placed out of the
39.21 home of the parent.
39.22 For purposes of this subdivision, the date of the child's
39.23 placement out of the home of the parent is the earlier of the
39.24 first court-ordered placement or 60 days after the date on which
39.25 the child has been voluntarily placed out of the home.
39.26 For purposes of this subdivision, 12 months is calculated
39.27 as follows:
39.28 (1) during the pendency of a petition alleging that a child
39.29 is in need of protection or services, all time periods when a
39.30 child is placed out of the home of the parent are cumulated;
39.31 (2) if a child has been placed out of the home of the
39.32 parent within the previous five years under one or more previous
39.33 petitions, the lengths of all prior time periods when the child
39.34 was placed out of the home within the previous five years are
39.35 cumulated. If a child under this clause has been out of the
39.36 home for 12 months or more, the court, if it is in the best
40.1 interests of the child and for compelling reasons, may extend
40.2 the total time the child may continue out of the home under the
40.3 current petition up to an additional six months before making a
40.4 permanency determination.
40.5 (b) Unless the responsible social services agency
40.6 recommends return of the child to the custodial parent or
40.7 parents, not later than 30 days prior to this hearing, the
40.8 responsible social services agency shall file pleadings in
40.9 juvenile court to establish the basis for the juvenile court to
40.10 order permanent placement of the child according to paragraph
40.11 (d). Notice of the hearing and copies of the pleadings must be
40.12 provided pursuant to section 260C.152. If a termination of
40.13 parental rights petition is filed before the date required for
40.14 the permanency planning determination and there is a trial under
40.15 section 260C.163 scheduled on that petition within 90 days of
40.16 the filing of the petition, no hearing need be conducted under
40.17 this subdivision.
40.18 (c) At the conclusion of the hearing, the court shall order
40.19 the child returned home to the care of the parent or guardian
40.20 from whom the child was removed or order a permanent placement
40.21 in the child's best interests. The "best interests of the
40.22 child" means all relevant factors to be considered and
40.23 evaluated. Transfer of permanent legal and physical custody,
40.24 termination of parental rights, or guardianship and legal
40.25 custody to the commissioner through a consent to adopt are
40.26 preferred permanency options for a child who cannot return home.
40.27 (d) At a hearing under this subdivision, if the child was
40.28 under eight years of age at the time the petition was filed
40.29 alleging the child in need of protection or services, the court
40.30 shall review the progress of the case and the case plan,
40.31 including the provision of services. The court may order the
40.32 local social services agency to show cause why it should not
40.33 file a termination of parental rights petition. Cause may
40.34 include, but is not limited to, the following conditions:
40.35 (1) the parents or guardians have maintained regular
40.36 contact with the child, the parents are complying with the
41.1 court-ordered case plan, and the child would benefit from
41.2 continuing this relationship;
41.3 (2) grounds for termination under section 260C.301 do not
41.4 exist; or
41.5 (3) the permanent plan for the child is transfer of
41.6 permanent legal and physical custody to a relative. When the
41.7 permanent plan for the child is transfer of permanent legal and
41.8 physical custody to a relative, a petition supporting the plan
41.9 shall be filed in juvenile court within 30 days of the hearing
41.10 required under this subdivision and a hearing on the petition
41.11 held within 30 days of the filing of the pleadings.
41.12 (e) (d) If the child is not returned to the home, the court
41.13 must order one of the following dispositions:
41.14 (1) permanent legal and physical custody to a relative in
41.15 the best interests of the child. according to the following
41.16 conditions:
41.17 (i) an order for transfer of permanent legal and physical
41.18 custody to a relative shall only be made after the court has
41.19 reviewed the suitability of the prospective legal and physical
41.20 custodian;
41.21 (ii) in transferring permanent legal and physical custody
41.22 to a relative, the juvenile court shall follow the standards and
41.23 procedures applicable under this chapter, chapter chapters 260,
41.24 or chapter and 518., and juvenile court rules;
41.25 (iii) an order establishing permanent legal or and physical
41.26 custody under this subdivision must be filed with the family
41.27 court.;
41.28 (iv) a transfer of legal and physical custody includes
41.29 responsibility for the protection, education, care, and control
41.30 of the child and decision making on behalf of the child.;
41.31 (v) the social services agency may petition on behalf of
41.32 the proposed custodian; and
41.33 (vi) the juvenile court may maintain jurisdiction over the
41.34 responsible social services agency, the parents or guardian of
41.35 the child, the child, and the permanent legal and physical
41.36 custodian for purposes of ensuring appropriate services are
42.1 delivered to the child and permanent legal custodian or for the
42.2 purpose of ensuring conditions ordered by the court related to
42.3 the care and custody of the child are met;
42.4 (2) termination of parental rights; according to the
42.5 following conditions:
42.6 (i) unless the social services agency has already filed a
42.7 petition for termination of parental rights under section
42.8 260C.307, the court may order such a petition filed and all the
42.9 requirements of sections 260C.301 to 260C.328 remain
42.10 applicable.; and
42.11 (ii) an adoption completed subsequent to a determination
42.12 under this subdivision may include an agreement for
42.13 communication or contact under section 259.58; or
42.14 (3) long-term foster care; transfer of legal custody and
42.15 adoption are preferred permanency options for a child who cannot
42.16 return home. according to the following conditions:
42.17 (i) the court may order a child into long-term foster care
42.18 only if it finds compelling reasons that neither an award of
42.19 permanent legal and physical custody to a relative, nor
42.20 termination of parental rights nor adoption is in the child's
42.21 best interests.; and
42.22 (ii) further, the court may only order long-term foster
42.23 care for the child under this section if it finds the following:
42.24 (i) (A) the child has reached age 12 and reasonable efforts
42.25 by the responsible social services agency have failed to locate
42.26 an adoptive family for the child; or
42.27 (ii) (B) the child is a sibling of a child described in
42.28 clause (i) subitem (A) and the siblings have a significant
42.29 positive relationship and are ordered into the same long-term
42.30 foster care home; or
42.31 (4) foster care for a specified period of time according to
42.32 the following conditions:
42.33 (i) foster care for a specified period of time may be
42.34 ordered only if:
42.35 (i) (A) the sole basis for an adjudication that the child
42.36 is in need of protection or services is the child's
43.1 behavior; and
43.2 (ii) (B) the court finds that foster care for a specified
43.3 period of time is in the best interests of the child.; and
43.4 (C) the court finds compelling reasons that neither an
43.5 award of permanent legal and physical custody to a relative, nor
43.6 termination of parental rights is in the child's best interests;
43.7 (ii) the order does not specify that the child continue in
43.8 foster care for any period exceeding one year; or
43.9 (5) guardianship and legal custody to the commissioner of
43.10 human services under the following procedures and conditions:
43.11 (i) there is an identified prospective adoptive home that
43.12 has agreed to adopt the child and the court accepts the parent's
43.13 voluntary consent to adopt under chapter 259.24;
43.14 (ii) if the court accepts a consent to adopt in lieu of
43.15 ordering one of the other enumerated permanency dispositions,
43.16 the court must review the matter at least every 90 days. The
43.17 review will address the reasonable efforts of the agency to
43.18 achieve a finalized adoption;
43.19 (iii) a consent to adopt under this clause vests all legal
43.20 authority regarding the child, including guardianship and legal
43.21 custody of the child, with the commissioner of human services as
43.22 if the child were a state ward after termination of parental
43.23 rights;
43.24 (iv) the court must forward a copy of the consent to adopt,
43.25 together with a certified copy of the order transferring
43.26 guardianship and legal custody to the commissioner, to the
43.27 commissioner; and
43.28 (v) if an adoption is not finalized by the identified
43.29 prospective adoptive parent within 12 months of the execution of
43.30 the consent to adopt under this clause, the commissioner of
43.31 human services or the commissioner's delegate, shall pursue
43.32 adoptive placement in another home unless the commissioner
43.33 certifies that the failure to finalize is not due to either an
43.34 action or a failure to act by the prospective adoptive parent.
43.35 (f) (e) In ordering a permanent placement of a child, the
43.36 court must be governed by the best interests of the child,
44.1 including a review of the relationship between the child and
44.2 relatives and the child and other important persons with whom
44.3 the child has resided or had significant contact.
44.4 (g) (f) Once a permanent placement determination has been
44.5 made and permanent placement has been established, further court
44.6 reviews and dispositional hearings are only necessary if:
44.7 (1) the placement is made under paragraph (e), clause (4),
44.8 review is otherwise required by federal law, long-term foster
44.9 care or foster care for a specified period of time;
44.10 (2) the court orders further hearings because it has
44.11 retained jurisdiction of a transfer of permanent legal and
44.12 physical custody matter;
44.13 (3) an adoption has not yet been finalized,; or
44.14 (4) there is a disruption of the permanent or long-term
44.15 placement.
44.16 (g) Court reviews of an order for long-term foster care,
44.17 whether under this section or section 260C.317, subdivision 3,
44.18 paragraph (d), or foster care for a specified period of time
44.19 must be conducted at least yearly and must review the child's
44.20 out-of-home placement plan and the reasonable efforts of the
44.21 agency to:
44.22 (1) identify a specific long-term foster home for the child
44.23 or a specific foster home for the time the child is specified to
44.24 be out of the care of the parent, if one has not already been
44.25 identified;
44.26 (2) support continued placement of the child in the
44.27 identified home, if one has been identified;
44.28 (3) ensure appropriate services are provided to the child
44.29 during the period of long-term foster care or foster care for a
44.30 specified period of time;
44.31 (4) plan for the child's independence upon the child's
44.32 leaving long-term foster care living as required under section
44.33 260C.212, subdivision 1; and
44.34 (5) where placement is for a specified period of time, a
44.35 plan for the safe return of the child to the care of the parent.
44.36 (h) An order under this subdivision must include the
45.1 following detailed findings:
45.2 (1) how the child's best interests are served by the order;
45.3 (2) the nature and extent of the responsible social service
45.4 agency's reasonable efforts, or, in the case of an Indian child,
45.5 active efforts to reunify the child with the parent or parents;
45.6 (3) the parent's or parents' efforts and ability to use
45.7 services to correct the conditions which led to the out-of-home
45.8 placement; and
45.9 (4) whether the conditions which led to the out-of-home
45.10 placement have been corrected so that the child can return home.
45.11 (i) An order for permanent legal and physical custody of a
45.12 child may be modified under sections 518.18 and 518.185. The
45.13 social services agency is a party to the proceeding and must
45.14 receive notice. A parent may only seek modification of an order
45.15 for long-term foster care is reviewable upon motion and a
45.16 showing by the parent of a substantial change in the parent's
45.17 circumstances such that the parent could provide appropriate
45.18 care for the child and that removal of the child from the
45.19 child's permanent placement and the return to the parent's care
45.20 would be in the best interest of the child.
45.21 (j) The court shall issue an order required under this
45.22 section within 15 days of the close of the proceedings. The
45.23 court may extend issuing the order an additional 15 days when
45.24 necessary in the interests of justice and the best interests of
45.25 the child.
45.26 Sec. 23. Minnesota Statutes 2000, section 260C.201, is
45.27 amended by adding a subdivision to read:
45.28 Subd. 11a. [PERMANENCY REVIEW FOR CHILDREN UNDER EIGHT.]
45.29 (a) [HEARING TO REVIEW PROGRESS OF THE CASE.] If the child was
45.30 under eight years of age at the time the petition was filed
45.31 alleging the child was in need of protection or services, and
45.32 the child continues in placement out of the home of the parent
45.33 or guardian from whom the child was removed, no later than six
45.34 months after the child's placement, the court shall conduct a
45.35 permanency hearing to review the progress of the case, the
45.36 parent's progress on the out-of-home placement plan, and the
46.1 provision of services.
46.2 (b) [COUNTY ATTORNEY AND RESPONSIBLE AGENCY'S
46.3 DUTIES.] Based on its assessment of the parent's or guardian's
46.4 progress on the out-of-home placement plan, the responsible
46.5 social services agency must ask the county attorney to file a
46.6 petition for termination of parental rights, a petition for
46.7 transfer of permanent legal and physical custody to a relative,
46.8 or the report required under juvenile court rules.
46.9 (c) [COURT'S FINDINGS.] (1) If the parent or guardian has
46.10 maintained contact with the child, is complying with the
46.11 court-ordered out-of-home placement plan, and the child would
46.12 benefit from reunification with the parent, the court may either:
46.13 (i) return the child home, if the conditions which led to
46.14 the out-of-home placement have been sufficiently mitigated that
46.15 it is safe and in the child's best interests to return home; or
46.16 (ii) continue the matter up to a total of six additional
46.17 months. If the child has not returned home by the end of the
46.18 additional six months, the court must conduct a hearing
46.19 according to subdivision 11.
46.20 (2) If the court determines that the parent or guardian is
46.21 not complying with the out-of-home placement plan or is not
46.22 maintaining regular contact with the child as outlined in the
46.23 visitation plan required as part of the out-of-home placement
46.24 plan under section 260C.212, the court may order the responsible
46.25 social services agency to develop a plan for permanent placement
46.26 of the child away from the parent and to file a petition to
46.27 support an order for the permanent placement plan.
46.28 (d) [RESPONSIBLE AGENCY'S OR COUNTY ATTORNEY'S DUTIES.]
46.29 Following the review under paragraphs (b) and (c):
46.30 (1) if the court has either returned the child home or
46.31 continued the matter up to a total of six additional months, the
46.32 agency shall continue to provide services to support the child's
46.33 return home or to make reasonable efforts to achieve
46.34 reunification of the child and the parent as ordered by the
46.35 court under an approved case plan;
46.36 (2) if the court orders the agency to develop a plan for
47.1 the transfer of permanent legal and physical custody of the
47.2 child to a relative, a petition supporting the plan shall be
47.3 filed in juvenile court within 30 days of the hearing required
47.4 under this subdivision and a trial on the petition held within
47.5 30 days of the filing of the pleadings; or
47.6 (3) if the court orders the agency to file a termination of
47.7 parental rights, unless the county attorney can show cause why a
47.8 termination of parental rights petition should not be filed, a
47.9 petition for termination of parental rights shall be filed in
47.10 juvenile court within 30 days of the hearing required under this
47.11 subdivision and a trial on the petition held within 90 days of
47.12 the filing of the petition.
47.13 Sec. 24. Minnesota Statutes 2000, section 260C.205, is
47.14 amended to read:
47.15 260C.205 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.]
47.16 Unless the court disposes of the petition under section
47.17 260C.141, subdivision 2, upon a petition for review of the
47.18 foster care status of a child, the court may:
47.19 (a) Find that the child's needs are not being met, in which
47.20 case the court shall order the social services agency or the
47.21 parents to take whatever action is necessary and feasible to
47.22 meet the child's needs, including, when appropriate, the
47.23 provision by the social services agency of services to the
47.24 parents which would enable the child to live at home, and order
47.25 a disposition under section 260C.201.
47.26 (b) Find that the child has been abandoned by parents
47.27 financially or emotionally, or that the developmentally disabled
47.28 child does not require out-of-home care because of the
47.29 handicapping condition, in which case the court shall order the
47.30 social services agency to file an appropriate petition pursuant
47.31 to section 260C.141, subdivision 1, or 260C.307.
47.32 (c) When a child is in placement due solely to the child's
47.33 developmental disability or emotional disturbance and the court
47.34 finds that there are compelling reasons which permit the court
47.35 to approve the continued voluntary placement of the child and
47.36 retain jurisdiction to conduct reviews as required under section
48.1 260C.141, subdivision 2, the court shall give the parent notice
48.2 of the review requirements of section 260C.141, subdivision 2,
48.3 in the event the child continues in placement 12 months or
48.4 longer.
48.5 Nothing in this section shall be construed to prohibit
48.6 bringing a petition pursuant to section 260C.141, subdivision 1
48.7 or 4, sooner than required by court order pursuant to this
48.8 section.
48.9 Sec. 25. Minnesota Statutes 2000, section 260C.212,
48.10 subdivision 1, is amended to read:
48.11 Subdivision 1. [OUT-OF-HOME PLACEMENT; PLAN.] (a) A case
48.12 An out-of-home placement plan shall be prepared within 30 days
48.13 after any child is placed in a residential facility by court
48.14 order or by the voluntary release of the child by the parent or
48.15 parents.
48.16 For purposes of this section, a residential facility means
48.17 any group home, family foster home or other publicly supported
48.18 out-of-home residential facility, including any out-of-home
48.19 residential facility under contract with the state, county or
48.20 other political subdivision, or any agency thereof, to provide
48.21 those services or foster care as defined in section 260C.007,
48.22 subdivision 9.
48.23 (b) When a child is in placement, the responsible local
48.24 social services agency shall make diligent efforts to identify,
48.25 locate, and, where appropriate, offer services to both parents
48.26 of the child. If a noncustodial or nonadjudicated parent is
48.27 willing and capable of providing for the day-to-day care of the
48.28 child, the local social services agency may seek authority from
48.29 the custodial parent or the court to have that parent assume
48.30 day-to-day care of the child. If a parent is not an adjudicated
48.31 parent, the local social services agency shall require the
48.32 nonadjudicated parent to cooperate with paternity establishment
48.33 procedures as part of the case plan.
48.34 (c) If, after assessment, the local social services agency
48.35 determines that the child cannot be in the day-to-day care of
48.36 either parent, the agency shall prepare a case plan addressing
49.1 the conditions that each parent must mitigate before the child
49.2 could be in that parent's day-to-day care.
49.3 (d) If, after the provision of services following a case
49.4 plan under this section and ordered by the juvenile court, the
49.5 child cannot return to the care of the parent from whom the
49.6 child was removed or who had legal custody at the time the child
49.7 was placed in foster care, the agency may petition on behalf of
49.8 a noncustodial parent to establish legal custody with that
49.9 parent under section 260C.201, subdivision 11. If paternity has
49.10 not already been established, it may be established in the same
49.11 proceeding in the manner provided for under this chapter.
49.12 The responsible social services agency may be relieved of
49.13 the requirement to locate and offer services to both parents by
49.14 the juvenile court upon a finding of good cause after the filing
49.15 of a petition under section 260B.141 or 260C.141.
49.16 (e) For the purposes of this section, a case An out-of-home
49.17 placement plan means a written document which is ordered by the
49.18 court or which is prepared by the responsible social services
49.19 agency responsible for the residential facility placement and is
49.20 jointly with the parent or parents or guardian of the child and
49.21 in consultation with the child's guardian ad litem, the child's
49.22 tribe, if the child is an Indian child, the child's foster
49.23 parent or representative of the residential facility, and, where
49.24 appropriate, the child. As appropriate, the plan shall be:
49.25 (1) submitted to the court for approval under section
49.26 260C.178, subdivision 7;
49.27 (2) ordered by the court, either as presented or modified
49.28 after hearing, under section 260C.178, subdivision 7, or
49.29 260C.201, subdivision 6; and
49.30 (3) signed by the parent or parents, or other
49.31 custodian, guardian of the child, the child's legal guardian ad
49.32 litem, a representative of the child's tribe, the responsible
49.33 social services agency responsible for the residential facility
49.34 placement, and, if possible, the child.
49.35 (c) The document out-of-home placement plan shall be
49.36 explained to all persons involved in its implementation,
50.1 including the child who has signed the document plan, and shall
50.2 set forth:
50.3 (1) a description of the residential facility including how
50.4 the out-of-home placement plan is designed to achieve a safe
50.5 placement for the child in the least restrictive, most
50.6 family-like, setting available which is in close proximity to
50.7 the home of the parent or parents or guardian of the child when
50.8 the case plan goal is reunification, and how the placement is
50.9 consistent with the best interests and special needs of the
50.10 child according to the factors under subdivision 2, paragraph
50.11 (b);
50.12 (2) the specific reasons for the placement of the child in
50.13 a residential facility, including and when reunification is the
50.14 plan, a description of the problems or conditions in the home of
50.15 the parent or parents which necessitated removal of the child
50.16 from home and the changes the parent or parents must make in
50.17 order for the child to safely return home;
50.18 (2) (3) a description of the services offered and provided
50.19 to prevent removal of the child from the home and to reunify the
50.20 family including:
50.21 (i) the specific actions to be taken by the parent or
50.22 parents of the child to eliminate or correct the problems or
50.23 conditions identified in clause (1) (2), and the time period
50.24 during which the actions are to be taken; and
50.25 (ii) the reasonable efforts, or in the case of an Indian
50.26 child, active efforts to be made to achieve a safe and stable
50.27 home for the child including social and other supportive
50.28 services to be provided or offered to the parent or parents or
50.29 guardian of the child, the child, and the residential facility
50.30 during the period the child is in the residential facility;
50.31 (3) The financial responsibilities and obligations, if any,
50.32 of the parents for the support of the child during the period
50.33 the child is in the residential facility;
50.34 (4) a description of any services or resources that were
50.35 requested by the child or the child's parent, guardian, foster
50.36 parent, or custodian since the date of the child's placement in
51.1 the residential facility, and whether those services or
51.2 resources were provided and if not, the basis for the denial of
51.3 the services or resources;
51.4 (5) the visitation rights and obligations of plan for the
51.5 parent or parents or guardian, other relatives as defined in
51.6 section 260C.193 260C.007, subdivision 14, and siblings of the
51.7 child if the siblings are not placed together in the residential
51.8 facility, if such and whether visitation is consistent with the
51.9 best interest of the child, during the period the child is in
51.10 the residential facility;
51.11 (5) The social and other supportive services to be provided
51.12 to the parent or parents of the child, the child, and the
51.13 residential facility during the period the child is in the
51.14 residential facility;
51.15 (6) the date on which the child is expected to be returned
51.16 to and safely maintained in the home of the parent or parents or
51.17 placed for adoption or otherwise permanently removed from the
51.18 care of the parent by court order;
51.19 (7) the nature of the effort to be made by the social
51.20 services agency responsible for the placement to reunite the
51.21 family;
51.22 (8) notice to the parent or parents:
51.23 (i) that placement of the child in foster care may result
51.24 in termination of parental rights but only after notice and a
51.25 hearing as provided in chapter 260; and
51.26 (ii) in cases where the agency has determined that both
51.27 reasonable efforts to reunify the child with the parents, and
51.28 reasonable efforts to place the child in a permanent home away
51.29 from the parent that may become legally permanent are
51.30 appropriate, notice of:
51.31 (A) time limits on the length of placement and of
51.32 reunification services;
51.33 (B) the nature of the services available to the parent;
51.34 (C) the consequences to the parent and the child if the
51.35 parent fails or is unable to use services to correct the
51.36 circumstances that led to the child's placement;
52.1 (D) the first consideration for relative placement; and
52.2 (E) the benefit to the child in getting the child out of
52.3 residential care as soon as possible, preferably by returning
52.4 the child home, but if that is not possible, through a permanent
52.5 legal placement of the child away from the parent;
52.6 (9) a permanency hearing under section 260C.201,
52.7 subdivision 11, or a termination of parental rights hearing
52.8 under sections 260C.301 to 260C.328, where the agency asks the
52.9 court to find that the child should be permanently placed away
52.10 from the parent and includes documentation of the steps taken by
52.11 the responsible social services agency to find an adoptive
52.12 family or other permanent legal placement for the child, to
52.13 place the child with an adoptive family, a fit and willing
52.14 relative through an award of permanent legal and physical
52.15 custody, or in another planned and permanent legal placement.
52.16 The documentation must include child specific recruitment
52.17 efforts; and
52.18 (10) (6) documentation of steps to finalize the adoption or
52.19 legal guardianship of the child if the court has issued an order
52.20 terminating the rights of both parents of the child or of the
52.21 only known, living parent of the child, documentation of steps
52.22 to finalize the adoption or legal guardianship of the child. and
52.23 a copy of this documentation shall be provided to the court in
52.24 the review required under section 260C.317, subdivision 3,
52.25 paragraph (b);
52.26 (7) to the extent available and accessible, the health and
52.27 educational records of the child including:
52.28 (i) the names and addresses of the child's health and
52.29 educational providers;
52.30 (ii) the child's grade level performance;
52.31 (iii) the child's school record;
52.32 (iv) assurances that the child's placement in foster care
52.33 takes into account proximity to the school in which the child is
52.34 enrolled at the time of placement;
52.35 (v) a record of the child's immunizations;
52.36 (vi) the child's known medical problems;
53.1 (vii) the child's medications; and
53.2 (viii) any other relevant health and education information;
53.3 and
53.4 (8) an independent living plan for a child age 16 or older
53.5 who is in placement as a result of a permanency disposition.
53.6 The plan should include, but not be limited to, the following
53.7 objectives:
53.8 (i) educational, vocational, or employment planning;
53.9 (ii) health care planning and medical coverage;
53.10 (iii) transportation including, where appropriate,
53.11 assisting the child in obtaining a driver's license;
53.12 (iv) money management;
53.13 (v) planning for housing;
53.14 (vi) social and recreational skills; and
53.15 (vii) establishing and maintaining connections with the
53.16 child's family and community.
53.17 (f) (d) The parent or parents or guardian and the child
53.18 each shall have the right to legal counsel in the preparation of
53.19 the case plan and shall be informed of the right at the time of
53.20 placement of the child. The child shall also have the right to
53.21 a guardian ad litem. If unable to employ counsel from their own
53.22 resources, the court shall appoint counsel upon the request of
53.23 the parent or parents or the child or the child's legal
53.24 guardian. The parent or parents may also receive assistance
53.25 from any person or social services agency in preparation of the
53.26 case plan.
53.27 After the plan has been agreed upon by the parties involved
53.28 or approved or ordered by the court, the foster parents shall be
53.29 fully informed of the provisions of the case plan and shall be
53.30 provided a copy of the plan.
53.31 (g) When an agency accepts a child for placement, the
53.32 agency shall determine whether the child has had a physical
53.33 examination by or under the direction of a licensed physician
53.34 within the 12 months immediately preceding the date when the
53.35 child came into the agency's care. If there is documentation
53.36 that the child has had such an examination within the last 12
54.1 months, the agency is responsible for seeing that the child has
54.2 another physical examination within one year of the documented
54.3 examination and annually in subsequent years. If the agency
54.4 determines that the child has not had a physical examination
54.5 within the 12 months immediately preceding placement, the agency
54.6 shall ensure that the child has the examination within 30 days
54.7 of coming into the agency's care and once a year in subsequent
54.8 years.
54.9 Sec. 26. Minnesota Statutes 2000, section 260C.212,
54.10 subdivision 2, is amended to read:
54.11 Subd. 2. [PLACEMENT DECISIONS BASED ON BEST INTEREST OF
54.12 THE CHILD.] (a) The policy of the state of Minnesota is to
54.13 ensure that the child's best interests are met by requiring an
54.14 individualized determination of the needs of the child and of
54.15 how the selected placement will serve the needs of the child
54.16 being placed. The authorized child-placing agency shall place a
54.17 child, released by court order or by voluntary release by the
54.18 parent or parents, in a family foster home selected by
54.19 considering placement with relatives and important friends
54.20 consistent with section 260C.193, subdivision 3. in the
54.21 following order:
54.22 (1) with an individual who is related to the child by
54.23 blood, marriage, or adoption; or
54.24 (2) with an individual who is an important friend with whom
54.25 the child has resided or had significant contact.
54.26 (b) Among the factors the agency shall consider in
54.27 determining the needs of the child are those specified under
54.28 section 260C.193, subdivision 3, paragraph (b) the following:
54.29 (1) the child's current functioning and behaviors;
54.30 (2) the medical, educational, and developmental needs of
54.31 the child;
54.32 (3) the child's history and past experience;
54.33 (4) the child's religious and cultural needs;
54.34 (5) the child's connection with a community, school, and
54.35 church;
54.36 (6) the child's interests and talents;
55.1 (7) the child's relationship to current caretakers,
55.2 parents, siblings, and relatives; and
55.3 (8) the reasonable preference of the child, if the court,
55.4 or the child-placing agency in the case of a voluntary
55.5 placement, deems the child to be of sufficient age to express
55.6 preferences.
55.7 (c) Placement of a child cannot be delayed or denied based
55.8 on race, color, or national origin of the foster parent or the
55.9 child.
55.10 (d) Siblings should be placed together for foster care and
55.11 adoption at the earliest possible time unless it is determined
55.12 not to be in the best interests of a sibling or unless it is not
55.13 possible after appropriate efforts by the responsible social
55.14 services agency.
55.15 Sec. 27. Minnesota Statutes 2000, section 260C.212,
55.16 subdivision 4, is amended to read:
55.17 Subd. 4. [NOTICE BEFORE VOLUNTARY PLACEMENT RESPONSIBLE
55.18 SOCIAL SERVICE AGENCY'S DUTIES FOR CHILDREN IN PLACEMENT.] (a)
55.19 When a child is in placement, the responsible social services
55.20 agency shall make diligent efforts to identify, locate, and,
55.21 where appropriate, offer services to both parents of the child.
55.22 (1) If a noncustodial or nonadjudicated parent is willing
55.23 and capable of providing for the day-to-day care of the child,
55.24 the responsible social services agency may seek authority from
55.25 the custodial parent or the court to have that parent assume
55.26 day-to-day care of the child. If a parent is not an adjudicated
55.27 parent, the responsible social services agency shall require the
55.28 nonadjudicated parent to cooperate with paternity establishment
55.29 procedures as part of the case plan.
55.30 (2) If, after assessment, the responsible social services
55.31 agency determines that the child cannot be in the day-to-day
55.32 care of either parent, the agency shall prepare an out-of-home
55.33 placement plan addressing the conditions that each parent must
55.34 meet before the child can be in that parent's day-to-day care.
55.35 (3) If, after the provision of services following an
55.36 out-of-home placement plan under this section, the child cannot
56.1 return to the care of the parent from whom the child was removed
56.2 or who had legal custody at the time the child was placed in
56.3 foster care, the agency may petition on behalf of a noncustodial
56.4 parent to establish legal custody with that parent under section
56.5 260C.201, subdivision 11. If paternity has not already been
56.6 established, it may be established in the same proceeding in the
56.7 manner provided for under chapter 257.
56.8 (4) The responsible social services agency may be relieved
56.9 of the requirement to locate and offer services to both parents
56.10 by the juvenile court upon a finding of good cause after the
56.11 filing of a petition under section 260C.141.
56.12 (b) The responsible social services agency shall give
56.13 notice to the parent or parents or guardian of each child in a
56.14 residential facility, other than a child in placement due solely
56.15 to that child's developmental disability or emotional
56.16 disturbance, of the following information:
56.17 (1) that residential care of the child may result in
56.18 termination of parental rights or an order permanently placing
56.19 the child out of the custody of the parent, but only after
56.20 notice and a hearing as required under chapter 260C and the
56.21 juvenile court rules;
56.22 (2) time limits on the length of placement and of
56.23 reunification services, including the date on which the child is
56.24 expected to be returned to and safely maintained in the home of
56.25 the parent or parents or placed for adoption or otherwise
56.26 permanently removed from the care of the parent by court order;
56.27 (3) the nature of the services available to the parent;
56.28 (4) the consequences to the parent and the child if the
56.29 parent fails or is unable to use services to correct the
56.30 circumstances that led to the child's placement;
56.31 (5) the first consideration for placement with relatives;
56.32 (6) the benefit to the child in getting the child out of
56.33 residential care as soon as possible, preferably by returning
56.34 the child home, but if that is not possible, through a permanent
56.35 legal placement of the child away from the parent;
56.36 (7) when safe for the child, the benefits to the child and
57.1 the parent of maintaining visitation with the child as soon as
57.2 possible in the course of the case and, in any event, according
57.3 to the visitation plan under this section; and
57.4 (8) the financial responsibilities and obligations, if any,
57.5 of the parent or parents for the support of the child during the
57.6 period the child is in the residential facility.
57.7 (c) The local responsible social services agency shall
57.8 inform a parent considering voluntary placement of a child who
57.9 is not developmentally disabled or emotionally
57.10 handicapped disturbed of the following information:
57.11 (1) the parent and the child each has a right to separate
57.12 legal counsel before signing a voluntary placement agreement,
57.13 but not to counsel appointed at public expense;
57.14 (2) the parent is not required to agree to the voluntary
57.15 placement, and a parent who enters a voluntary placement
57.16 agreement may at any time request that the agency return the
57.17 child. If the parent so requests, the child must be returned
57.18 within 24 hours of the receipt of the request;
57.19 (3) evidence gathered during the time the child is
57.20 voluntarily placed may be used at a later time as the basis for
57.21 a petition alleging that the child is in need of protection or
57.22 services or as the basis for a petition seeking termination of
57.23 parental rights or other permanent placement of the child away
57.24 from the parent;
57.25 (4) if the local responsible social services agency files a
57.26 petition alleging that the child is in need of protection or
57.27 services or a petition seeking the termination of parental
57.28 rights or other permanent placement of the child away from the
57.29 parent, the parent would have the right to appointment of
57.30 separate legal counsel and the child would have a right to the
57.31 appointment of counsel and a guardian ad litem as provided by
57.32 law, and that counsel will be appointed at public expense if
57.33 they are unable to afford counsel; and
57.34 (5) the timelines and procedures for review of voluntary
57.35 placements under subdivision 3, and the effect the time spent in
57.36 voluntary placement on the scheduling of a permanent placement
58.1 determination hearing under section 260C.201, subdivision 11.
58.2 (d) When an agency accepts a child for placement, the
58.3 agency shall determine whether the child has had a physical
58.4 examination by or under the direction of a licensed physician
58.5 within the 12 months immediately preceding the date when the
58.6 child came into the agency's care. If there is documentation
58.7 that the child has had an examination within the last 12 months,
58.8 the agency is responsible for seeing that the child has another
58.9 physical examination within one year of the documented
58.10 examination and annually in subsequent years. If the agency
58.11 determines that the child has not had a physical examination
58.12 within the 12 months immediately preceding placement, the agency
58.13 shall ensure that the child has an examination within 30 days of
58.14 coming into the agency's care and once a year in subsequent
58.15 years.
58.16 Sec. 28. Minnesota Statutes 2000, section 260C.212,
58.17 subdivision 5, is amended to read:
58.18 Subd. 5. [RELATIVE SEARCH; NATURE.] (a) In implementing
58.19 the requirement that the responsible social services agency must
58.20 consider placement with a relative under subdivision 2 as soon
58.21 as possible, but in any event within six months after a child is
58.22 initially placed in a residential facility after identifying the
58.23 need for placement of the child in foster care, the local
58.24 responsible social services agency shall identify any relatives
58.25 of the child and notify them of the need for a foster care home
58.26 for the child and of the possibility of the need for a permanent
58.27 out-of-home placement of the child. The relative search
58.28 required by this section shall be reasonable in scope and may
58.29 last up to six months or until a fit and willing relative is
58.30 identified. Relatives should also be notified that a decision
58.31 not to be a placement resource at the beginning of the case may
58.32 affect the relative being considered for placement of the child
58.33 with that relative later. The relatives must be notified that
58.34 they must keep the local responsible social services agency
58.35 informed of their current address in order to receive notice
58.36 that a permanent placement is being sought for the child. A
59.1 relative who fails to provide a current address to the local
59.2 responsible social services agency forfeits the right to notice
59.3 of the possibility of permanent placement. If the child's
59.4 parent refuses to give the responsible social services agency
59.5 information sufficient to identify relatives of the child, the
59.6 agency shall determine whether the parent's refusal is in the
59.7 child's best interests. If the agency determines the parent's
59.8 refusal is not in the child's best interests, the agency shall
59.9 file a petition under section 260B.141 or 260C.141, and shall
59.10 ask the juvenile court to order the parent to provide the
59.11 necessary information.
59.12 (b) A responsible social services agency may disclose
59.13 private or confidential data, as defined in section 13.02, to
59.14 relatives of the child for the purpose of locating a suitable
59.15 placement. The agency shall disclose only data that is
59.16 necessary to facilitate possible placement with relatives. If
59.17 the child's parent refuses to give the responsible social
59.18 services agency information sufficient to identify relatives of
59.19 the child, the agency shall determine whether the parent's
59.20 refusal is in the child's best interests. If the agency
59.21 determines the parent's refusal is not in the child's best
59.22 interests, the agency shall file a petition under section
59.23 260C.141, and shall ask the juvenile court to order the parent
59.24 to provide the necessary information. If a parent makes an
59.25 explicit request that relatives or a specific relative not be
59.26 contacted or considered for placement, the agency shall bring
59.27 the parent's request to the attention of the court to determine
59.28 whether the parent's request is consistent with the best
59.29 interests of the child and the agency shall not contact
59.30 relatives or a specific relative unless authorized to do so by
59.31 the juvenile court.
59.32 (c) When the placing agency determines that a permanent
59.33 placement hearing is necessary because there is a likelihood
59.34 that the child will not return to a parent's care, the agency
59.35 may send the notice provided in paragraph (d), or may ask the
59.36 court to modify the requirements of the agency under this
60.1 paragraph, or may ask the court to completely relieve the agency
60.2 of the requirements of this paragraph. The relative
60.3 notification requirements of this paragraph do not apply when
60.4 the child is placed with an appropriate relative or a foster
60.5 home that has committed to being the permanent legal placement
60.6 for the child and the agency approves of that foster home for
60.7 permanent placement of the child. The actions ordered by the
60.8 court under this section must be consistent with the best
60.9 interests, safety, and welfare of the child.
60.10 (d) Unless required under the Indian Child Welfare Act or
60.11 relieved of this duty by the court because the child is placed
60.12 with an appropriate relative who wishes to provide a permanent
60.13 home for the child or the child is placed with a foster home
60.14 that has committed to being the permanent legal placement for
60.15 the child and the responsible social services agency approves of
60.16 that foster home for permanent placement of the child under
60.17 paragraph (c), when the agency determines that it is necessary
60.18 to prepare for the permanent placement determination hearing, or
60.19 in anticipation of filing a termination of parental rights
60.20 petition, the agency shall send notice to the relatives, any
60.21 adult with whom the child is currently residing, any adult with
60.22 whom the child has resided for one year or longer in the past,
60.23 and any adults who have maintained a relationship or exercised
60.24 visitation with the child as identified in the agency case
60.25 plan. The notice must state that a permanent home is sought for
60.26 the child and that the individuals receiving the notice may
60.27 indicate to the agency their interest in providing a permanent
60.28 home. The notice must state that within 30 days of receipt of
60.29 the notice an individual receiving the notice must indicate to
60.30 the agency the individual's interest in providing a permanent
60.31 home for the child or that the individual may lose the
60.32 opportunity to be considered for a permanent placement. This
60.33 notice need not be sent if the child is placed with an
60.34 appropriate relative who wishes to provide a permanent home for
60.35 the child.
60.36 Sec. 29. Minnesota Statutes 2000, section 260C.212,
61.1 subdivision 7, is amended to read:
61.2 Subd. 7. [SIX-MONTH ADMINISTRATIVE OR COURT REVIEW OF
61.3 PLACEMENTS.] (a) There shall be an administrative review of
61.4 the case out-of-home placement plan of each child placed in a
61.5 residential facility no later than 180 days after the initial
61.6 placement of the child in a residential facility and at least
61.7 every six months thereafter if the child is not returned to the
61.8 home of the parent or parents within that time. The case
61.9 out-of-home placement plan must be monitored and updated at each
61.10 administrative review. As an alternative to the administrative
61.11 review, the social services agency responsible for the placement
61.12 may bring a petition as provided in section 260C.141,
61.13 subdivision 2, to the court for review of the foster care to
61.14 determine if placement is in the best interests of the child.
61.15 This petition must be brought to the court in order for a court
61.16 determination to be made regarding the best interests of the
61.17 child within the applicable six months and is not in lieu of the
61.18 requirements contained in subdivision 3 or 4. A court review
61.19 conducted pursuant to section 260C.201, subdivision 11, or
61.20 section 260C.141, subdivision 2, shall satisfy the requirement
61.21 for an administrative review so long as the other requirements
61.22 of this section are met.
61.23 (b) At the review required under paragraph (a), the
61.24 reviewing administrative body or the court shall review:
61.25 (1) the safety of the child;
61.26 (2) the continuing necessity for and appropriateness of the
61.27 placement;
61.28 (3) the extent of compliance with the out-of-home placement
61.29 plan;
61.30 (4) where appropriate, the extent of progress which has
61.31 been made toward alleviating or mitigating the causes
61.32 necessitating placement in a residential facility;
61.33 (5) where appropriate, the projected date by which the
61.34 child may be returned to and safely maintained in the home or
61.35 placed permanently away from the care of the parent or parents
61.36 or guardian; and
62.1 (6) the appropriateness of the services provided to the
62.2 child.
62.3 Sec. 30. Minnesota Statutes 2000, section 260C.212,
62.4 subdivision 8, is amended to read:
62.5 Subd. 8. [REVIEW OF VOLUNTARY PLACEMENTS.] Except as
62.6 provided in subdivision 4 for a child in placement due solely to
62.7 the child's developmental disability or emotional disturbance,
62.8 if the child has been placed in a residential facility pursuant
62.9 to a voluntary release by the parent or parents, and is not
62.10 returned home within 90 days after initial placement in the
62.11 residential facility, the social services agency responsible for
62.12 the placement shall:
62.13 (1) return the child to the home of the parent or parents;
62.14 or
62.15 (2) file a petition according to section 260B.141,
62.16 subdivision 1, or 260C.141, subdivision 1 or 2, which may:
62.17 (i) ask the court to review the placement and approve it
62.18 for up to an additional 90 days;
62.19 (ii) ask the court to order continued out-of-home placement
62.20 according to sections 260B.178, 260C.178, and 260C.201; or
62.21 (iii) ask the court to terminate parental rights under
62.22 section 260C.301.
62.23 The case out-of-home placement plan must be updated when a
62.24 petition is filed and must include a specific plan for
62.25 permanency, which may include a time line for returning the
62.26 child home or a plan for permanent placement of the child away
62.27 from the parent, or both and filed along with the petition.
62.28 If the court approves continued out-of-home placement for
62.29 up to 90 more days, at the end of the court-approved 90-day
62.30 period, the child must be returned to the parent's home. If the
62.31 child is not returned home, the responsible social services
62.32 agency must proceed on the petition filed alleging the child in
62.33 need of protection or services or the petition for termination
62.34 of parental rights or other permanent placement of the child
62.35 away from the parent. The court must find a statutory basis to
62.36 order the placement of the child under section 260B.178;
63.1 260C.178; 260C.201; or 260C.317.
63.2 Sec. 31. Minnesota Statutes 2000, section 260C.212,
63.3 subdivision 9, is amended to read:
63.4 Subd. 9. [REVIEW OF DEVELOPMENTALLY DISABLED AND
63.5 EMOTIONALLY HANDICAPPED CERTAIN CHILD PLACEMENTS.] (a) If a
63.6 developmentally disabled child, as that term is defined in
63.7 United States Code, title 42, section 6001(7), as amended
63.8 through December 31, 1979, or a child diagnosed with an
63.9 emotional handicap as defined in section 252.27, subdivision 1a,
63.10 as emotionally disturbed has been placed in a residential
63.11 facility pursuant to a voluntary release by the child's parent
63.12 or parents because of the child's handicapping conditions or
63.13 need for long-term residential treatment or supervision, the
63.14 social services agency responsible for the placement
63.15 shall report to the court and bring a petition for review of the
63.16 child's foster care status, pursuant to section 260C.141,
63.17 subdivision 2, after the child has been in placement for six
63.18 months as required in section 260C.141, subdivision 2, paragraph
63.19 (b).
63.20 (b) If a child is in placement due solely to the
63.21 child's handicapping condition and developmental disability or
63.22 emotional disturbance, and the court finds compelling reasons
63.23 not to proceed under section 260C.201, subdivision 11, custody
63.24 of the child is not transferred to the responsible social
63.25 services agency under section 260C.201, subdivision 1, paragraph
63.26 (a), clause (2), and no petition is required by section
63.27 260C.201, subdivision 11.
63.28 (c) Whenever a petition for review is brought pursuant to
63.29 this subdivision, a guardian ad litem shall be appointed for the
63.30 child.
63.31 Sec. 32. Minnesota Statutes 2000, section 260C.215,
63.32 subdivision 6, is amended to read:
63.33 Subd. 6. [DUTIES OF CHILD-PLACING AGENCIES.] (a) Each
63.34 authorized child-placing agency must:
63.35 (1) develop and follow procedures for implementing the
63.36 requirements of section 260C.193, subdivision 3, and the Indian
64.1 Child Welfare Act, United States Code, title 25, sections 1901
64.2 to 1923;
64.3 (2) have a written plan for recruiting adoptive and foster
64.4 families that reflect the ethnic and racial diversity of
64.5 children who are in need of foster and adoptive homes. The plan
64.6 must include (i) strategies for using existing resources in
64.7 diverse communities, (ii) use of diverse outreach staff wherever
64.8 possible, (iii) use of diverse foster homes for placements after
64.9 birth and before adoption, and (iv) other techniques as
64.10 appropriate;
64.11 (3) have a written plan for training adoptive and foster
64.12 families;
64.13 (4) have a written plan for employing staff in adoption and
64.14 foster care who have the capacity to assess the foster and
64.15 adoptive parents' ability to understand and validate a child's
64.16 cultural needs, and to advance the best interests of the child.
64.17 The plan must include staffing goals and objectives;
64.18 (5) ensure that adoption and foster care workers attend
64.19 training offered or approved by the department of human services
64.20 regarding cultural diversity and the needs of special needs
64.21 children; and
64.22 (6) develop and implement procedures for implementing the
64.23 requirements of the Indian Child Welfare Act and the Minnesota
64.24 Indian Family Preservation Act.
64.25 (b) In implementing the requirement to consider relatives
64.26 for placement, an authorized child-placing agency may disclose
64.27 private or confidential data, as defined in section 13.02, to
64.28 relatives of the child for the purpose of locating a suitable
64.29 placement. The agency shall disclose only data that is
64.30 necessary to facilitate implementing the preference. If a
64.31 parent makes an explicit request that the relative preference
64.32 not be followed, the agency shall bring the matter to the
64.33 attention of the court to determine whether the parent's request
64.34 is consistent with the best interests of the child and the
64.35 agency shall not contact relatives unless ordered to do so by
64.36 the juvenile court; and
65.1 (c) In determining the suitability of a proposed placement
65.2 of an Indian child, the standards to be applied must be the
65.3 prevailing social and cultural standards of the Indian child's
65.4 community, and the agency shall defer to tribal judgment as to
65.5 suitability of a particular home when the tribe has intervened
65.6 pursuant to the Indian Child Welfare Act.
65.7 Sec. 33. Minnesota Statutes 2000, section 260C.301,
65.8 subdivision 1, is amended to read:
65.9 Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile
65.10 court may upon petition, terminate all rights of a parent to a
65.11 child:
65.12 (a) with the written consent of a parent who for good cause
65.13 desires to terminate parental rights; or
65.14 (b) if it finds that one or more of the following
65.15 conditions exist:
65.16 (1) that the parent has abandoned the child;
65.17 (2) that the parent has substantially, continuously, or
65.18 repeatedly refused or neglected to comply with the duties
65.19 imposed upon that parent by the parent and child relationship,
65.20 including but not limited to providing the child with necessary
65.21 food, clothing, shelter, education, and other care and control
65.22 necessary for the child's physical, mental, or emotional health
65.23 and development, if the parent is physically and financially
65.24 able, and either reasonable efforts by the social services
65.25 agency have failed to correct the conditions that formed the
65.26 basis of the petition or reasonable efforts would be futile and
65.27 therefore unreasonable;
65.28 (3) that a parent has been ordered to contribute to the
65.29 support of the child or financially aid in the child's birth and
65.30 has continuously failed to do so without good cause. This
65.31 clause shall not be construed to state a grounds for termination
65.32 of parental rights of a noncustodial parent if that parent has
65.33 not been ordered to or cannot financially contribute to the
65.34 support of the child or aid in the child's birth;
65.35 (4) that a parent is palpably unfit to be a party to the
65.36 parent and child relationship because of a consistent pattern of
66.1 specific conduct before the child or of specific conditions
66.2 directly relating to the parent and child relationship either of
66.3 which are determined by the court to be of a duration or nature
66.4 that renders the parent unable, for the reasonably foreseeable
66.5 future, to care appropriately for the ongoing physical, mental,
66.6 or emotional needs of the child. It is presumed that a parent
66.7 is palpably unfit to be a party to the parent and child
66.8 relationship upon a showing that the parent's parental rights to
66.9 one or more other children were involuntarily terminated or that
66.10 the parent's custodial rights to another child have been
66.11 involuntarily transferred to a relative under section 260C.201,
66.12 subdivision 11, paragraph (e), clause (1), or a similar law of
66.13 another jurisdiction;
66.14 (5) that following the child's placement out of the home,
66.15 reasonable efforts, under the direction of the court, have
66.16 failed to correct the conditions leading to the child's
66.17 placement. It is presumed that reasonable efforts under this
66.18 clause have failed upon a showing that:
66.19 (i) a child has resided out of the parental home under
66.20 court order for a cumulative period of 12 months within the
66.21 preceding 22 months. In the case of a child under age eight at
66.22 the time the petition was filed alleging the child to be in need
66.23 of protection or services, the presumption arises when the child
66.24 has resided out of the parental home under court order for six
66.25 months unless the parent has maintained regular contact with the
66.26 child and the parent is complying with the case out-of-home
66.27 placement plan;
66.28 (ii) the court has approved a case the out-of-home
66.29 placement plan required under section 260C.212 and filed with
66.30 the court under section 260C.178;
66.31 (iii) conditions leading to the out-of-home placement have
66.32 not been corrected. It is presumed that conditions leading to a
66.33 child's out-of-home placement have not been corrected upon a
66.34 showing that the parent or parents have not substantially
66.35 complied with the court's orders and a reasonable case plan; and
66.36 (iv) reasonable efforts have been made by the social
67.1 services agency to rehabilitate the parent and reunite the
67.2 family.
67.3 This clause does not prohibit the termination of parental
67.4 rights prior to one year, or in the case of a child under age
67.5 eight, within prior to six months after a child has been placed
67.6 out of the home.
67.7 It is also presumed that reasonable efforts have failed
67.8 under this clause upon a showing that:
67.9 (A) the parent has been diagnosed as chemically dependent
67.10 by a professional certified to make the diagnosis;
67.11 (B) the parent has been required by a case plan to
67.12 participate in a chemical dependency treatment program;
67.13 (C) the treatment programs offered to the parent were
67.14 culturally, linguistically, and clinically appropriate;
67.15 (D) the parent has either failed two or more times to
67.16 successfully complete a treatment program or has refused at two
67.17 or more separate meetings with a caseworker to participate in a
67.18 treatment program; and
67.19 (E) the parent continues to abuse chemicals.
67.20 (6) that a child has experienced egregious harm in the
67.21 parent's care which is of a nature, duration, or chronicity that
67.22 indicates a lack of regard for the child's well-being, such that
67.23 a reasonable person would believe it contrary to the best
67.24 interest of the child or of any child to be in the parent's
67.25 care;
67.26 (7) that in the case of a child born to a mother who was
67.27 not married to the child's father when the child was conceived
67.28 nor when the child was born the person is not entitled to notice
67.29 of an adoption hearing under section 259.49 and the person has
67.30 not registered with the fathers' adoption registry under section
67.31 259.52;
67.32 (8) that the child is neglected and in foster care; or
67.33 (9) that the parent has been convicted of a crime listed in
67.34 section 260.012, paragraph (b), clauses (1) to (3).
67.35 In an action involving an American Indian child, sections
67.36 260.751 to 260.835 and the Indian Child Welfare Act, United
68.1 States Code, title 25, sections 1901 to 1923, control to the
68.2 extent that the provisions of this section are inconsistent with
68.3 those laws.
68.4 Sec. 34. Minnesota Statutes 2000, section 260C.301,
68.5 subdivision 3, is amended to read:
68.6 Subd. 3. [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a)
68.7 The county attorney shall file a termination of parental rights
68.8 petition within 30 days of the responsible social services
68.9 agency determining that a child has been subjected to egregious
68.10 harm as defined in section 260C.007, subdivision 26, is
68.11 determined to be the sibling of another child of the parent who
68.12 was subjected to egregious harm, or is an abandoned infant as
68.13 defined in subdivision 2, paragraph (a), clause (2), or the
68.14 parent has lost parental rights to another child through an
68.15 order involuntarily terminating the parent's rights, or another
68.16 child of the parent is the subject of an order transferring
68.17 permanent legal and physical custody of the child to a relative
68.18 under section 260C.201, subdivision 11, paragraph (e), clause
68.19 (1), or a similar law of another jurisdiction. The local social
68.20 services agency shall concurrently identify, recruit, process,
68.21 and approve an adoptive family for the child. If a termination
68.22 of parental rights petition has been filed by another party, the
68.23 local social services agency shall be joined as a party to the
68.24 petition. If criminal charges have been filed against a parent
68.25 arising out of the conduct alleged to constitute egregious harm,
68.26 the county attorney shall determine which matter should proceed
68.27 to trial first, consistent with the best interests of the child
68.28 and subject to the defendant's right to a speedy trial.
68.29 (b) This requirement does not apply if the county attorney
68.30 determines and files with the court:
68.31 (1) a petition for transfer of permanent legal and physical
68.32 custody to a relative under section 260C.201, subdivision 11,
68.33 including a determination that the transfer is in the best
68.34 interests of the child; or
68.35 (2) a petition alleging the child, and where appropriate,
68.36 the child's siblings, to be in need of protection or services
69.1 accompanied by a case plan prepared by the responsible social
69.2 services agency documenting a compelling reason why filing a
69.3 termination of parental rights petition would not be in the best
69.4 interests of the child.
69.5 Sec. 35. Minnesota Statutes 2000, section 260C.301,
69.6 subdivision 4, is amended to read:
69.7 Subd. 4. [CURRENT FOSTER CARE CHILDREN.] Except for cases
69.8 where the child is in placement due solely to the child's status
69.9 as developmentally delayed under United States Code, title 42,
69.10 section 6001(7), developmental disability or emotionally
69.11 handicapped under section 252.27, and emotional disturbance,
69.12 where custody has not been transferred to the responsible social
69.13 services agency, and where the court finds compelling reasons to
69.14 continue placement, the county attorney shall file a termination
69.15 of parental rights petition or a petition to support another
69.16 permanent placement proceeding transfer permanent legal and
69.17 physical custody to a relative under section 260C.201,
69.18 subdivision 11, for all children who are placed in out-of-home
69.19 care for reasons other than care or treatment of the child's
69.20 disability, and who are in out-of-home placement on April 21,
69.21 1998, and have been in out-of-home care for 15 of the most
69.22 recent 22 months. This requirement does not apply if there is a
69.23 compelling reason documented in a case plan filed with approved
69.24 by the court for determining that filing a termination of
69.25 parental rights petition or other permanency petition would not
69.26 be in the best interests of the child or if the responsible
69.27 social services agency has not provided reasonable efforts
69.28 necessary for the safe return of the child, if reasonable
69.29 efforts are required.
69.30 Sec. 36. Minnesota Statutes 2000, section 260C.301,
69.31 subdivision 8, is amended to read:
69.32 Subd. 8. [FINDINGS REGARDING REASONABLE EFFORTS.] In any
69.33 proceeding under this section, the court shall make specific
69.34 findings:
69.35 (1) that reasonable efforts to prevent the placement and to
69.36 reunify the child and the parent were made including
70.1 individualized and explicit findings regarding the nature and
70.2 extent of efforts made by the social services agency to
70.3 rehabilitate the parent and reunite the family; or
70.4 (2) that reasonable efforts at reunification are not
70.5 required as provided under section 260.012.
70.6 Sec. 37. Minnesota Statutes 2000, section 260C.312, is
70.7 amended to read:
70.8 260C.312 [DISPOSITION; PARENTAL RIGHTS NOT TERMINATED.]
70.9 (a) If, after a hearing, the court does not terminate
70.10 parental rights but determines that the child is in need of
70.11 protection or services, or that the child is neglected and in
70.12 foster care, the court may find the child is in need of
70.13 protection or services or neglected and in foster care and may
70.14 enter an order in accordance with the provisions of section
70.15 260C.201.
70.16 (b) When a child has been in placement 15 of the last 22
70.17 months after a trial on a termination of parental rights
70.18 petition, if the court finds that the petition is not proven or
70.19 that termination of parental rights is not in the child's best
70.20 interests, the court must order the child returned to the care
70.21 of the parent unless the court finds compelling reasons why the
70.22 child should remain out of the care of the parent. If the court
70.23 orders the child returned to the care of the parent, the court
70.24 may order protective supervision or monitoring under section
70.25 260C.201.
70.26 Sec. 38. Minnesota Statutes 2000, section 260C.317,
70.27 subdivision 3, is amended to read:
70.28 Subd. 3. [ORDER; RETENTION OF JURISDICTION.] (a) A
70.29 certified copy of the findings and the order terminating
70.30 parental rights, and a summary of the court's information
70.31 concerning the child shall be furnished by the court to the
70.32 commissioner or the agency to which guardianship is
70.33 transferred. The orders shall be on a document separate from
70.34 the findings. The court shall furnish the individual to whom
70.35 guardianship is transferred a copy of the order terminating
70.36 parental rights.
71.1 (b) The court shall retain jurisdiction in a case where
71.2 adoption is the intended permanent placement disposition. The
71.3 guardian ad litem and counsel for the child shall continue on
71.4 the case until an adoption decree is entered. A hearing must be
71.5 held every 90 days following termination of parental rights for
71.6 the court to review progress toward an adoptive placement and
71.7 the specific recruitment efforts the agency has taken to find an
71.8 adoptive family or other placement living arrangement for the
71.9 child and to finalize the adoption or other permanency plan.
71.10 (c) When adoption is not the intended disposition, and if
71.11 the child continues in out-of-home placement for 12 months after
71.12 the court has issued the order terminating parental rights and
71.13 at least every 12 months thereafter as long as the child
71.14 continues in out-of-home placement, the court shall conduct a
71.15 permanency review hearing to determine the future status of the
71.16 child including, but not limited to, whether the child should be
71.17 continued in out-of-home placement, should be placed for
71.18 adoption, or should, because of the child's special needs and
71.19 for compelling reasons, be ordered into long-term out-of-home
71.20 placement.
71.21 (d) The court shall retain jurisdiction in a case where
71.22 long-term foster care is the permanent disposition whether under
71.23 paragraph (c) or section 260C.201, subdivision 11. The guardian
71.24 ad litem and counsel for the child must be dismissed from the
71.25 case on the effective date of the permanent placement order.
71.26 However, the foster parent and the child, if of sufficient age,
71.27 must be informed how they may contact a guardian ad litem if the
71.28 matter is subsequently returned to court. All of the review
71.29 requirements under section 260C.201, subdivision 11, paragraph
71.30 (g), apply.
71.31 Sec. 39. Minnesota Statutes 2000, section 260C.325,
71.32 subdivision 4, is amended to read:
71.33 Subd. 4. [GUARDIAN'S RESPONSIBILITIES.] (a) A guardian
71.34 appointed under the provisions of this section has legal custody
71.35 of a ward unless the court which appoints the guardian gives
71.36 legal custody to some other person. If the court awards custody
72.1 to a person other than the guardian, the guardian nonetheless
72.2 has the right and responsibility of reasonable visitation,
72.3 except as limited by court order.
72.4 (b) The guardian may make major decisions affecting the
72.5 person of the ward, including but not limited to giving consent
72.6 (when consent is legally required) to the marriage, enlistment
72.7 in the armed forces, medical, surgical, or psychiatric
72.8 treatment, or adoption of the ward. When, pursuant to this
72.9 section, the commissioner of human services is appointed
72.10 guardian, the commissioner may delegate to the local responsible
72.11 social services agency of the county in which, after the
72.12 appointment, the ward resides, the authority to act for the
72.13 commissioner in decisions affecting the person of the ward,
72.14 including but not limited to giving consent to the marriage,
72.15 enlistment in the armed forces, medical, surgical, or
72.16 psychiatric treatment of the ward.
72.17 (c) A guardianship created under the provisions of this
72.18 section shall not of itself include the guardianship of the
72.19 estate of the ward.
72.20 (d) If the ward is in foster care, the court shall, upon
72.21 its own motion or that of the guardian, conduct a dispositional
72.22 hearing within 18 months of the child's initial foster care
72.23 placement and once every 12 months thereafter to determine the
72.24 future status of the ward including, but not limited to, whether
72.25 the child should be continued in foster care for a specified
72.26 period, should be placed for adoption, or should, because of the
72.27 child's special needs or circumstances, be continued in foster
72.28 care on a long-term basis.
72.29 Sec. 40. Minnesota Statutes 2000, section 626.556,
72.30 subdivision 2, is amended to read:
72.31 Subd. 2. [DEFINITIONS.] As used in this section, the
72.32 following terms have the meanings given them unless the specific
72.33 content indicates otherwise:
72.34 (a) "Sexual abuse" means the subjection of a child by a
72.35 person responsible for the child's care, by a person who has a
72.36 significant relationship to the child, as defined in section
73.1 609.341, or by a person in a position of authority, as defined
73.2 in section 609.341, subdivision 10, to any act which constitutes
73.3 a violation of section 609.342 (criminal sexual conduct in the
73.4 first degree), 609.343 (criminal sexual conduct in the second
73.5 degree), 609.344 (criminal sexual conduct in the third degree),
73.6 609.345 (criminal sexual conduct in the fourth degree), or
73.7 609.3451 (criminal sexual conduct in the fifth degree). Sexual
73.8 abuse also includes any act which involves a minor which
73.9 constitutes a violation of prostitution offenses under sections
73.10 609.321 to 609.324 or 617.246. Sexual abuse includes threatened
73.11 sexual abuse.
73.12 (b) "Person responsible for the child's care" means (1) an
73.13 individual functioning within the family unit and having
73.14 responsibilities for the care of the child such as a parent,
73.15 guardian, or other person having similar care responsibilities,
73.16 or (2) an individual functioning outside the family unit and
73.17 having responsibilities for the care of the child such as a
73.18 teacher, school administrator, or other lawful custodian of a
73.19 child having either full-time or short-term care
73.20 responsibilities including, but not limited to, day care,
73.21 babysitting whether paid or unpaid, counseling, teaching, and
73.22 coaching.
73.23 (c) "Neglect" means:
73.24 (1) failure by a person responsible for a child's care to
73.25 supply a child with necessary food, clothing, shelter, health,
73.26 medical, or other care required for the child's physical or
73.27 mental health when reasonably able to do so;
73.28 (2) failure to protect a child from conditions or actions
73.29 which imminently and seriously endanger the child's physical or
73.30 mental health when reasonably able to do so;
73.31 (3) failure to provide for necessary supervision or child
73.32 care arrangements appropriate for a child after considering
73.33 factors as the child's age, mental ability, physical condition,
73.34 length of absence, or environment, when the child is unable to
73.35 care for the child's own basic needs or safety, or the basic
73.36 needs or safety of another child in their care;
74.1 (4) failure to ensure that the child is educated as defined
74.2 in sections 120A.22 and 260C.163, subdivision 11;
74.3 (5) nothing in this section shall be construed to mean that
74.4 a child is neglected solely because the child's parent,
74.5 guardian, or other person responsible for the child's care in
74.6 good faith selects and depends upon spiritual means or prayer
74.7 for treatment or care of disease or remedial care of the child
74.8 in lieu of medical care; except that a parent, guardian, or
74.9 caretaker, or a person mandated to report pursuant to
74.10 subdivision 3, has a duty to report if a lack of medical care
74.11 may cause serious danger to the child's health. This section
74.12 does not impose upon persons, not otherwise legally responsible
74.13 for providing a child with necessary food, clothing, shelter,
74.14 education, or medical care, a duty to provide that care;
74.15 (6) prenatal exposure to a controlled substance, as defined
74.16 in section 253B.02, subdivision 2, used by the mother for a
74.17 nonmedical purpose, as evidenced by withdrawal symptoms in the
74.18 child at birth, results of a toxicology test performed on the
74.19 mother at delivery or the child at birth, or medical effects or
74.20 developmental delays during the child's first year of life that
74.21 medically indicate prenatal exposure to a controlled substance;
74.22 (7) "medical neglect" as defined in section 260C.007,
74.23 subdivision 4, clause (5);
74.24 (8) chronic and severe use of alcohol or a controlled
74.25 substance by a parent or person responsible for the care of the
74.26 child that adversely affects the child's basic needs and safety;
74.27 or
74.28 (9) emotional harm from a pattern of behavior which
74.29 contributes to impaired emotional functioning of the child which
74.30 may be demonstrated by a substantial and observable effect in
74.31 the child's behavior, emotional response, or cognition that is
74.32 not within the normal range for the child's age and stage of
74.33 development, with due regard to the child's culture.
74.34 (d) "Physical abuse" means any physical injury, mental
74.35 injury, or threatened injury, inflicted by a person responsible
74.36 for the child's care on a child other than by accidental means,
75.1 or any physical or mental injury that cannot reasonably be
75.2 explained by the child's history of injuries, or any aversive
75.3 and deprivation procedures that have not been authorized under
75.4 section 245.825. Abuse does not include reasonable and moderate
75.5 physical discipline of a child administered by a parent or legal
75.6 guardian which does not result in an injury. Actions which are
75.7 not reasonable and moderate include, but are not limited to, any
75.8 of the following that are done in anger or without regard to the
75.9 safety of the child:
75.10 (1) throwing, kicking, burning, biting, or cutting a child;
75.11 (2) striking a child with a closed fist;
75.12 (3) shaking a child under age three;
75.13 (4) striking or other actions which result in any
75.14 nonaccidental injury to a child under 18 months of age;
75.15 (5) unreasonable interference with a child's breathing;
75.16 (6) threatening a child with a weapon, as defined in
75.17 section 609.02, subdivision 6;
75.18 (7) striking a child under age one on the face or head;
75.19 (8) purposely giving a child poison, alcohol, or dangerous,
75.20 harmful, or controlled substances which were not prescribed for
75.21 the child by a practitioner, in order to control or punish the
75.22 child; or other substances that substantially affect the child's
75.23 behavior, motor coordination, or judgment or that results in
75.24 sickness or internal injury, or subjects the child to medical
75.25 procedures that would be unnecessary if the child were not
75.26 exposed to the substances; or
75.27 (9) unreasonable physical confinement or restraint not
75.28 permitted under section 609.379, including but not limited to
75.29 tying, caging, or chaining.
75.30 (e) "Report" means any report received by the local welfare
75.31 agency, police department, or county sheriff pursuant to this
75.32 section.
75.33 (f) "Facility" means a licensed or unlicensed day care
75.34 facility, residential facility, agency, hospital, sanitarium, or
75.35 other facility or institution required to be licensed under
75.36 sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or
76.1 chapter 245B; or a school as defined in sections 120A.05,
76.2 subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
76.3 personal care provider organization as defined in sections
76.4 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
76.5 (g) "Operator" means an operator or agency as defined in
76.6 section 245A.02.
76.7 (h) "Commissioner" means the commissioner of human services.
76.8 (i) "Assessment" includes authority to interview the child,
76.9 the person or persons responsible for the child's care, the
76.10 alleged perpetrator, and any other person with knowledge of the
76.11 abuse or neglect for the purpose of gathering the facts,
76.12 assessing the risk to the child, and formulating a plan.
76.13 (j) "Practice of social services," for the purposes of
76.14 subdivision 3, includes but is not limited to employee
76.15 assistance counseling and the provision of guardian ad litem and
76.16 parenting time expeditor services.
76.17 (k) "Mental injury" means an injury to the psychological
76.18 capacity or emotional stability of a child as evidenced by an
76.19 observable or substantial impairment in the child's ability to
76.20 function within a normal range of performance and behavior with
76.21 due regard to the child's culture.
76.22 (l) "Threatened injury" means a statement, overt act,
76.23 condition, or status that represents a substantial risk of
76.24 physical or sexual abuse or mental injury. Threatened injury
76.25 includes, but is not limited to, exposing a child to a person
76.26 responsible for the child's care, as defined in paragraph (b),
76.27 clause (1), who has:
76.28 (1) subjected a child to, or failed to protect a child
76.29 from, an overt act or condition that constitutes egregious harm,
76.30 as defined in section 260C.007, subdivision 26, or a similar law
76.31 of another jurisdiction;
76.32 (2) been found to be palpably unfit under section 260C.301,
76.33 paragraph (b), clause (4), or a similar law of another
76.34 jurisdiction;
76.35 (3) committed an act that has resulted in an involuntary
76.36 termination of parental rights under section 260C.301, or a
77.1 similar law of another jurisdiction; or
77.2 (4) committed an act that has resulted in the involuntary
77.3 transfer of permanent legal and physical custody of a child to a
77.4 relative under section 260C.201, subdivision 11, paragraph (e),
77.5 clause (1), or a similar law of another jurisdiction.
77.6 (m) Persons who conduct assessments or investigations under
77.7 this section shall take into account accepted child-rearing
77.8 practices of the culture in which a child participates, which
77.9 are not injurious to the child's health, welfare, and safety.
77.10 Sec. 41. [EXCHANGE OF RECORDS BETWEEN DEPARTMENT OF HEALTH
77.11 AND DEPARTMENT OF HUMAN SERVICES.]
77.12 The commissioners of health and human services shall
77.13 exchange birth record data and data contained in recognitions of
77.14 parentage for the purpose of identifying a child who is subject
77.15 to threatened injury by a person responsible for a child's care
77.16 to the extent possible using existing resources and information
77.17 systems.
77.18 Sec. 42. [UNIFORM PARENTAGE ACT STUDY AND REPORT.]
77.19 (a) The commissioner of human services shall appoint a task
77.20 force to review the Uniform Parentage Act adopted by the Uniform
77.21 Laws Commission in 2000 and to make recommendations to the
77.22 legislature on whether Minnesota should enact all or part of the
77.23 Uniform Parentage Act, whether portions of that act should be
77.24 amended, and when it should be effective if it is enacted.
77.25 (b) The task force appointed under paragraph (a) should
77.26 include, but is not limited to, persons representing:
77.27 (1) the department of human services;
77.28 (2) the department of health;
77.29 (3) adoption agencies;
77.30 (4) the Family Law and Children and the Law Sections of the
77.31 Minnesota State Bar Association;
77.32 (5) the Juvenile Law Section of the Hennepin County Bar
77.33 Association;
77.34 (6) genetic testing organizations;
77.35 (7) public defenders;
77.36 (8) county attorneys;
78.1 (9) legal service attorneys;
78.2 (10) judges;
78.3 (11) child support magistrates;
78.4 (12) children's advocates;
78.5 (13) communities of color;
78.6 (14) guardians ad litem;
78.7 (15) parent organizations;
78.8 (16) families involved in infertility treatment processes;
78.9 (17) persons who have been adopted;
78.10 (18) birth parents;
78.11 (19) adoptive families; and
78.12 (20) noncustodial parents.
78.13 (c) The task force must submit its report and
78.14 recommendations to the chairs of the committees in the house of
78.15 representatives and senate with jurisdiction over family and
78.16 parentage issues by January 15, 2002. The task force expires on
78.17 January 15, 2002.
78.18 [EFFECTIVE DATE.] This section is effective the day
78.19 following final enactment.
78.20 Sec. 43. [REPEALER.]
78.21 Minnesota Statutes 2000, sections 260C.325, subdivision 2;
78.22 and 626.5565, are repealed.
78.23 Sec. 44. [INSTRUCTION TO REVISOR.]
78.24 (a) The revisor of statutes shall change the term "local
78.25 social services agency" to "responsible social services agency"
78.26 in Minnesota Statutes, chapter 260C.
78.27 (b) The revisor of statutes shall renumber definitions
78.28 putting the terms in alphabetical order under Minnesota
78.29 Statutes, section 260C.007, and change affected cross-references
78.30 accordingly.
78.31 ARTICLE 2
78.32 DATA PRACTICES AND CHILD MALTREATMENT
78.33 Section 1. Minnesota Statutes 2000, section 13.319, is
78.34 amended by adding a subdivision to read:
78.35 Subd. 7. [CHILD CARE ASSISTANCE PROGRAM.] Data collected
78.36 for purposes of administering the child care assistance program
79.1 are classified under section 119B.02, subdivision 6.
79.2 Sec. 2. Minnesota Statutes 2000, section 13.32,
79.3 subdivision 3, is amended to read:
79.4 Subd. 3. [PRIVATE DATA; WHEN DISCLOSURE IS PERMITTED.]
79.5 Except as provided in subdivision 5, educational data is private
79.6 data on individuals and shall not be disclosed except as follows:
79.7 (a) Pursuant to section 13.05;
79.8 (b) Pursuant to a valid court order;
79.9 (c) Pursuant to a statute specifically authorizing access
79.10 to the private data;
79.11 (d) To disclose information in health and safety
79.12 emergencies pursuant to the provisions of United States Code,
79.13 title 20, section 1232g(b)(1)(I) and Code of Federal
79.14 Regulations, title 34, section 99.36;
79.15 (e) Pursuant to the provisions of United States Code, title
79.16 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B),
79.17 (b)(3) and Code of Federal Regulations, title 34, sections
79.18 99.31, 99.32, 99.33, 99.34, and 99.35;
79.19 (f) To appropriate health authorities to the extent
79.20 necessary to administer immunization programs and for bona fide
79.21 epidemiologic investigations which the commissioner of health
79.22 determines are necessary to prevent disease or disability to
79.23 individuals in the public educational agency or institution in
79.24 which the investigation is being conducted;
79.25 (g) When disclosure is required for institutions that
79.26 participate in a program under title IV of the Higher Education
79.27 Act, United States Code, title 20, chapter 1092;
79.28 (h) To the appropriate school district officials to the
79.29 extent necessary under subdivision 6, annually to indicate the
79.30 extent and content of remedial instruction, including the
79.31 results of assessment testing and academic performance at a
79.32 post-secondary institution during the previous academic year by
79.33 a student who graduated from a Minnesota school district within
79.34 two years before receiving the remedial instruction;
79.35 (i) To appropriate authorities as provided in United States
79.36 Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern
80.1 the juvenile justice system and the ability of the system to
80.2 effectively serve, prior to adjudication, the student whose
80.3 records are released; provided that the authorities to whom the
80.4 data are released submit a written request for the data that
80.5 certifies that the data will not be disclosed to any other
80.6 person except as authorized by law without the written consent
80.7 of the parent of the student and the request and a record of the
80.8 release are maintained in the student's file;
80.9 (j) To volunteers who are determined to have a legitimate
80.10 educational interest in the data and who are conducting
80.11 activities and events sponsored by or endorsed by the
80.12 educational agency or institution for students or former
80.13 students;
80.14 (k) To provide student recruiting information, from
80.15 educational data held by colleges and universities, as required
80.16 by and subject to Code of Federal Regulations, title 32, section
80.17 216; or
80.18 (l) To the juvenile justice system if information about the
80.19 behavior of a student who poses a risk of harm is reasonably
80.20 necessary to protect the health or safety of the student or
80.21 other individuals.;
80.22 (m) With respect to social security numbers of students in
80.23 the adult basic education system, to Minnesota state colleges
80.24 and universities and the department of economic security for the
80.25 purpose and in the manner described in section 124D.52,
80.26 subdivision 7.; or
80.27 (n) To the commissioner of children, families, and learning
80.28 for purposes of an assessment or investigation of a report of
80.29 alleged maltreatment of a student as mandated by section
80.30 626.556. Upon request by the commissioner of children,
80.31 families, and learning, data that are relevant to a report of
80.32 maltreatment and are from charter school and school district
80.33 investigations of alleged maltreatment of a student must be
80.34 disclosed to the commissioner, including, but not limited to,
80.35 the following:
80.36 (1) information regarding the student alleged to have been
81.1 maltreated;
81.2 (2) information regarding student and employee witnesses;
81.3 (3) information regarding the alleged perpetrator; and
81.4 (4) what corrective or protective action was taken, if any,
81.5 by the school facility in response to a report of maltreatment
81.6 by an employee or agent of the school or school district.
81.7 Sec. 3. Minnesota Statutes 2000, section 13.43, is amended
81.8 by adding a subdivision to read:
81.9 Subd. 14. [MALTREATMENT DATA.] When a report of alleged
81.10 maltreatment of a student in a school facility, as defined in
81.11 section 626.556, subdivision 2, paragraph (f), is made to the
81.12 commissioner of children, families, and learning under section
81.13 626.556, data that are relevant to a report of maltreatment and
81.14 are collected by the school facility about the person alleged to
81.15 have committed maltreatment must be provided to the commissioner
81.16 of children, families, and learning upon request for purposes of
81.17 an assessment or investigation of the maltreatment report. Data
81.18 received by the commissioner of children, families, and learning
81.19 pursuant to these assessments or investigations are classified
81.20 under section 626.556.
81.21 Sec. 4. Minnesota Statutes 2000, section 13.46,
81.22 subdivision 2, is amended to read:
81.23 Subd. 2. [GENERAL.] (a) Unless the data is summary data or
81.24 a statute specifically provides a different classification, data
81.25 on individuals collected, maintained, used, or disseminated by
81.26 the welfare system is private data on individuals, and shall not
81.27 be disclosed except:
81.28 (1) according to section 13.05;
81.29 (2) according to court order;
81.30 (3) according to a statute specifically authorizing access
81.31 to the private data;
81.32 (4) to an agent of the welfare system, including a law
81.33 enforcement person, attorney, or investigator acting for it in
81.34 the investigation or prosecution of a criminal or civil
81.35 proceeding relating to the administration of a program;
81.36 (5) to personnel of the welfare system who require the data
82.1 to determine eligibility, amount of assistance, and the need to
82.2 provide services of additional programs to the individual;
82.3 (6) to administer federal funds or programs;
82.4 (7) between personnel of the welfare system working in the
82.5 same program;
82.6 (8) the amounts of cash public assistance and relief paid
82.7 to welfare recipients in this state, including their names,
82.8 social security numbers, income, addresses, and other data as
82.9 required, upon request by the department of revenue to
82.10 administer the property tax refund law, supplemental housing
82.11 allowance, early refund of refundable tax credits, and the
82.12 income tax. "Refundable tax credits" means the dependent care
82.13 credit under section 290.067, the Minnesota working family
82.14 credit under section 290.0671, the property tax refund under
82.15 section 290A.04, and, if the required federal waiver or waivers
82.16 are granted, the federal earned income tax credit under section
82.17 32 of the Internal Revenue Code;
82.18 (9) between the department of human services, the
82.19 department of children, families, and learning, and the
82.20 department of economic security for the purpose of monitoring
82.21 the eligibility of the data subject for unemployment benefits,
82.22 for any employment or training program administered, supervised,
82.23 or certified by that agency, for the purpose of administering
82.24 any rehabilitation program or child care assistance program,
82.25 whether alone or in conjunction with the welfare system, or to
82.26 monitor and evaluate the Minnesota family investment program by
82.27 exchanging data on recipients and former recipients of food
82.28 stamps, cash assistance under chapter 256, 256D, 256J, or 256K,
82.29 child care assistance under chapter 119B, or medical programs
82.30 under chapter 256B, 256D, or 256L;
82.31 (10) to appropriate parties in connection with an emergency
82.32 if knowledge of the information is necessary to protect the
82.33 health or safety of the individual or other individuals or
82.34 persons;
82.35 (11) data maintained by residential programs as defined in
82.36 section 245A.02 may be disclosed to the protection and advocacy
83.1 system established in this state according to Part C of Public
83.2 Law Number 98-527 to protect the legal and human rights of
83.3 persons with mental retardation or other related conditions who
83.4 live in residential facilities for these persons if the
83.5 protection and advocacy system receives a complaint by or on
83.6 behalf of that person and the person does not have a legal
83.7 guardian or the state or a designee of the state is the legal
83.8 guardian of the person;
83.9 (12) to the county medical examiner or the county coroner
83.10 for identifying or locating relatives or friends of a deceased
83.11 person;
83.12 (13) data on a child support obligor who makes payments to
83.13 the public agency may be disclosed to the higher education
83.14 services office to the extent necessary to determine eligibility
83.15 under section 136A.121, subdivision 2, clause (5);
83.16 (14) participant social security numbers and names
83.17 collected by the telephone assistance program may be disclosed
83.18 to the department of revenue to conduct an electronic data match
83.19 with the property tax refund database to determine eligibility
83.20 under section 237.70, subdivision 4a;
83.21 (15) the current address of a Minnesota family investment
83.22 program participant may be disclosed to law enforcement officers
83.23 who provide the name of the participant and notify the agency
83.24 that:
83.25 (i) the participant:
83.26 (A) is a fugitive felon fleeing to avoid prosecution, or
83.27 custody or confinement after conviction, for a crime or attempt
83.28 to commit a crime that is a felony under the laws of the
83.29 jurisdiction from which the individual is fleeing; or
83.30 (B) is violating a condition of probation or parole imposed
83.31 under state or federal law;
83.32 (ii) the location or apprehension of the felon is within
83.33 the law enforcement officer's official duties; and
83.34 (iii) the request is made in writing and in the proper
83.35 exercise of those duties;
83.36 (16) the current address of a recipient of general
84.1 assistance or general assistance medical care may be disclosed
84.2 to probation officers and corrections agents who are supervising
84.3 the recipient and to law enforcement officers who are
84.4 investigating the recipient in connection with a felony level
84.5 offense;
84.6 (17) information obtained from food stamp applicant or
84.7 recipient households may be disclosed to local, state, or
84.8 federal law enforcement officials, upon their written request,
84.9 for the purpose of investigating an alleged violation of the
84.10 Food Stamp Act, according to Code of Federal Regulations, title
84.11 7, section 272.1(c);
84.12 (18) the address, social security number, and, if
84.13 available, photograph of any member of a household receiving
84.14 food stamps shall be made available, on request, to a local,
84.15 state, or federal law enforcement officer if the officer
84.16 furnishes the agency with the name of the member and notifies
84.17 the agency that:
84.18 (i) the member:
84.19 (A) is fleeing to avoid prosecution, or custody or
84.20 confinement after conviction, for a crime or attempt to commit a
84.21 crime that is a felony in the jurisdiction the member is
84.22 fleeing;
84.23 (B) is violating a condition of probation or parole imposed
84.24 under state or federal law; or
84.25 (C) has information that is necessary for the officer to
84.26 conduct an official duty related to conduct described in subitem
84.27 (A) or (B);
84.28 (ii) locating or apprehending the member is within the
84.29 officer's official duties; and
84.30 (iii) the request is made in writing and in the proper
84.31 exercise of the officer's official duty;
84.32 (19) the current address of a recipient of Minnesota family
84.33 investment program, general assistance, general assistance
84.34 medical care, or food stamps may be disclosed to law enforcement
84.35 officers who, in writing, provide the name of the recipient and
84.36 notify the agency that the recipient is a person required to
85.1 register under section 243.166, but is not residing at the
85.2 address at which the recipient is registered under section
85.3 243.166;
85.4 (20) certain information regarding child support obligors
85.5 who are in arrears may be made public according to section
85.6 518.575;
85.7 (21) data on child support payments made by a child support
85.8 obligor and data on the distribution of those payments excluding
85.9 identifying information on obligees may be disclosed to all
85.10 obligees to whom the obligor owes support, and data on the
85.11 enforcement actions undertaken by the public authority, the
85.12 status of those actions, and data on the income of the obligor
85.13 or obligee may be disclosed to the other party;
85.14 (22) data in the work reporting system may be disclosed
85.15 under section 256.998, subdivision 7;
85.16 (23) to the department of children, families, and learning
85.17 for the purpose of matching department of children, families,
85.18 and learning student data with public assistance data to
85.19 determine students eligible for free and reduced price meals,
85.20 meal supplements, and free milk according to United States Code,
85.21 title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to
85.22 allocate federal and state funds that are distributed based on
85.23 income of the student's family; and to verify receipt of energy
85.24 assistance for the telephone assistance plan;
85.25 (24) the current address and telephone number of program
85.26 recipients and emergency contacts may be released to the
85.27 commissioner of health or a local board of health as defined in
85.28 section 145A.02, subdivision 2, when the commissioner or local
85.29 board of health has reason to believe that a program recipient
85.30 is a disease case, carrier, suspect case, or at risk of illness,
85.31 and the data are necessary to locate the person;
85.32 (25) to other state agencies, statewide systems, and
85.33 political subdivisions of this state, including the attorney
85.34 general, and agencies of other states, interstate information
85.35 networks, federal agencies, and other entities as required by
85.36 federal regulation or law for the administration of the child
86.1 support enforcement program;
86.2 (26) to personnel of public assistance programs as defined
86.3 in section 256.741, for access to the child support system
86.4 database for the purpose of administration, including monitoring
86.5 and evaluation of those public assistance programs;
86.6 (27) to monitor and evaluate the Minnesota family
86.7 investment program by exchanging data between the departments of
86.8 human services and children, families, and learning, on
86.9 recipients and former recipients of food stamps, cash assistance
86.10 under chapter 256, 256D, 256J, or 256K, child care assistance
86.11 under chapter 119B, or medical programs under chapter 256B,
86.12 256D, or 256L; or
86.13 (28) to evaluate child support program performance and to
86.14 identify and prevent fraud in the child support program by
86.15 exchanging data between the department of human services,
86.16 department of revenue under section 270B.14, subdivision 1,
86.17 paragraphs (a) and (b), without regard to the limitation of use
86.18 in paragraph (c), department of health, department of economic
86.19 security, and other state agencies as is reasonably necessary to
86.20 perform these functions; or
86.21 (29) counties operating child care assistance programs
86.22 under chapter 119B may disseminate data on program participants,
86.23 applicants, and providers to the commissioner of children,
86.24 families, and learning.
86.25 (b) Information on persons who have been treated for drug
86.26 or alcohol abuse may only be disclosed according to the
86.27 requirements of Code of Federal Regulations, title 42, sections
86.28 2.1 to 2.67.
86.29 (c) Data provided to law enforcement agencies under
86.30 paragraph (a), clause (15), (16), (17), or (18), or paragraph
86.31 (b), are investigative data and are confidential or protected
86.32 nonpublic while the investigation is active. The data are
86.33 private after the investigation becomes inactive under section
86.34 13.82, subdivision 5, paragraph (a) or (b).
86.35 (d) Mental health data shall be treated as provided in
86.36 subdivisions 7, 8, and 9, but is not subject to the access
87.1 provisions of subdivision 10, paragraph (b).
87.2 For the purposes of this subdivision, a request will be
87.3 deemed to be made in writing if made through a computer
87.4 interface system.
87.5 Sec. 5. Minnesota Statutes 2000, section 119B.02, is
87.6 amended by adding a subdivision to read:
87.7 Subd. 6. [DATA.] Data on individuals collected by the
87.8 commissioner for purposes of administering this chapter are
87.9 private data on individuals as defined in section 13.02.
87.10 Sec. 6. Minnesota Statutes 2000, section 256.045,
87.11 subdivision 3b, is amended to read:
87.12 Subd. 3b. [STANDARD OF EVIDENCE FOR MALTREATMENT
87.13 HEARINGS.] The state human services referee shall determine that
87.14 maltreatment has occurred if a preponderance of evidence exists
87.15 to support the final disposition under sections 626.556 and
87.16 626.557.
87.17 The state human services referee shall recommend an order
87.18 to the commissioner of health, children, families, and learning,
87.19 or human services, as applicable, who shall issue a final
87.20 order. The commissioner shall affirm, reverse, or modify the
87.21 final disposition. Any order of the commissioner issued in
87.22 accordance with this subdivision is conclusive upon the parties
87.23 unless appeal is taken in the manner provided in subdivision 7.
87.24 In any licensing appeal under chapter 245A and sections 144.50
87.25 to 144.58 and 144A.02 to 144A.46, the commissioner's
87.26 determination as to maltreatment is conclusive.
87.27 Sec. 7. Minnesota Statutes 2000, section 626.556,
87.28 subdivision 2, is amended to read:
87.29 Subd. 2. [DEFINITIONS.] As used in this section, the
87.30 following terms have the meanings given them unless the specific
87.31 content indicates otherwise:
87.32 (a) "Sexual abuse" means the subjection of a child by a
87.33 person responsible for the child's care, by a person who has a
87.34 significant relationship to the child, as defined in section
87.35 609.341, or by a person in a position of authority, as defined
87.36 in section 609.341, subdivision 10, to any act which constitutes
88.1 a violation of section 609.342 (criminal sexual conduct in the
88.2 first degree), 609.343 (criminal sexual conduct in the second
88.3 degree), 609.344 (criminal sexual conduct in the third degree),
88.4 609.345 (criminal sexual conduct in the fourth degree), or
88.5 609.3451 (criminal sexual conduct in the fifth degree). Sexual
88.6 abuse also includes any act which involves a minor which
88.7 constitutes a violation of prostitution offenses under sections
88.8 609.321 to 609.324 or 617.246. Sexual abuse includes threatened
88.9 sexual abuse.
88.10 (b) "Person responsible for the child's care" means (1) an
88.11 individual functioning within the family unit and having
88.12 responsibilities for the care of the child such as a parent,
88.13 guardian, or other person having similar care responsibilities,
88.14 or (2) an individual functioning outside the family unit and
88.15 having responsibilities for the care of the child such as a
88.16 teacher, school administrator, other school employees or agents,
88.17 or other lawful custodian of a child having either full-time or
88.18 short-term care responsibilities including, but not limited to,
88.19 day care, babysitting whether paid or unpaid, counseling,
88.20 teaching, and coaching.
88.21 (c) "Neglect" means:
88.22 (1) failure by a person responsible for a child's care to
88.23 supply a child with necessary food, clothing, shelter, health,
88.24 medical, or other care required for the child's physical or
88.25 mental health when reasonably able to do so;
88.26 (2) failure to protect a child from conditions or actions
88.27 which imminently and seriously endanger the child's physical or
88.28 mental health when reasonably able to do so;
88.29 (3) failure to provide for necessary supervision or child
88.30 care arrangements appropriate for a child after considering
88.31 factors as the child's age, mental ability, physical condition,
88.32 length of absence, or environment, when the child is unable to
88.33 care for the child's own basic needs or safety, or the basic
88.34 needs or safety of another child in their care;
88.35 (4) failure to ensure that the child is educated as defined
88.36 in sections 120A.22 and 260C.163, subdivision 11;
89.1 (5) nothing in this section shall be construed to mean that
89.2 a child is neglected solely because the child's parent,
89.3 guardian, or other person responsible for the child's care in
89.4 good faith selects and depends upon spiritual means or prayer
89.5 for treatment or care of disease or remedial care of the child
89.6 in lieu of medical care; except that a parent, guardian, or
89.7 caretaker, or a person mandated to report pursuant to
89.8 subdivision 3, has a duty to report if a lack of medical care
89.9 may cause serious danger to the child's health. This section
89.10 does not impose upon persons, not otherwise legally responsible
89.11 for providing a child with necessary food, clothing, shelter,
89.12 education, or medical care, a duty to provide that care;
89.13 (6) prenatal exposure to a controlled substance, as defined
89.14 in section 253B.02, subdivision 2, used by the mother for a
89.15 nonmedical purpose, as evidenced by withdrawal symptoms in the
89.16 child at birth, results of a toxicology test performed on the
89.17 mother at delivery or the child at birth, or medical effects or
89.18 developmental delays during the child's first year of life that
89.19 medically indicate prenatal exposure to a controlled substance;
89.20 (7) "medical neglect" as defined in section 260C.007,
89.21 subdivision 4, clause (5);
89.22 (8) chronic and severe use of alcohol or a controlled
89.23 substance by a parent or person responsible for the care of the
89.24 child that adversely affects the child's basic needs and safety;
89.25 or
89.26 (9) emotional harm from a pattern of behavior which
89.27 contributes to impaired emotional functioning of the child which
89.28 may be demonstrated by a substantial and observable effect in
89.29 the child's behavior, emotional response, or cognition that is
89.30 not within the normal range for the child's age and stage of
89.31 development, with due regard to the child's culture.
89.32 (d) "Physical abuse" means any physical injury, mental
89.33 injury, or threatened injury, inflicted by a person responsible
89.34 for the child's care on a child other than by accidental means,
89.35 or any physical or mental injury that cannot reasonably be
89.36 explained by the child's history of injuries, or any aversive
90.1 and or deprivation procedures, or regulated interventions, that
90.2 have not been authorized under section 121A.67 or 245.825.
90.3 Abuse does not include reasonable and moderate physical
90.4 discipline of a child administered by a parent or legal guardian
90.5 which does not result in an injury. Abuse does not include the
90.6 use of reasonable force by a teacher, principal, or school
90.7 employee as allowed by section 121A.582. Actions which are not
90.8 reasonable and moderate include, but are not limited to, any of
90.9 the following that are done in anger or without regard to the
90.10 safety of the child:
90.11 (1) throwing, kicking, burning, biting, or cutting a child;
90.12 (2) striking a child with a closed fist;
90.13 (3) shaking a child under age three;
90.14 (4) striking or other actions which result in any
90.15 nonaccidental injury to a child under 18 months of age;
90.16 (5) unreasonable interference with a child's breathing;
90.17 (6) threatening a child with a weapon, as defined in
90.18 section 609.02, subdivision 6;
90.19 (7) striking a child under age one on the face or head;
90.20 (8) purposely giving a child poison, alcohol, or dangerous,
90.21 harmful, or controlled substances which were not prescribed for
90.22 the child by a practitioner, in order to control or punish the
90.23 child; or other substances that substantially affect the child's
90.24 behavior, motor coordination, or judgment or that results in
90.25 sickness or internal injury, or subjects the child to medical
90.26 procedures that would be unnecessary if the child were not
90.27 exposed to the substances; or
90.28 (9) unreasonable physical confinement or restraint not
90.29 permitted under section 609.379, including but not limited to
90.30 tying, caging, or chaining; or
90.31 (10) in a school facility or school zone, an act by a
90.32 person responsible for the child's care that is a violation
90.33 under section 121A.58.
90.34 (e) "Report" means any report received by the local welfare
90.35 agency, police department, or county sheriff, or agency
90.36 responsible for assessing or investigating maltreatment pursuant
91.1 to this section.
91.2 (f) "Facility" means a licensed or unlicensed day care
91.3 facility, residential facility, agency, hospital, sanitarium, or
91.4 other facility or institution required to be licensed under
91.5 sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or
91.6 chapter 245B; or a school as defined in sections 120A.05,
91.7 subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
91.8 personal care provider organization as defined in sections
91.9 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
91.10 (g) "Operator" means an operator or agency as defined in
91.11 section 245A.02.
91.12 (h) "Commissioner" means the commissioner of human services.
91.13 (i) "Assessment" includes authority to interview the child,
91.14 the person or persons responsible for the child's care, the
91.15 alleged perpetrator, and any other person with knowledge of the
91.16 abuse or neglect for the purpose of gathering the facts,
91.17 assessing the risk to the child, and formulating a plan.
91.18 (j) "Practice of social services," for the purposes of
91.19 subdivision 3, includes but is not limited to employee
91.20 assistance counseling and the provision of guardian ad litem and
91.21 parenting time expeditor services.
91.22 (k) "Mental injury" means an injury to the psychological
91.23 capacity or emotional stability of a child as evidenced by an
91.24 observable or substantial impairment in the child's ability to
91.25 function within a normal range of performance and behavior with
91.26 due regard to the child's culture.
91.27 (l) "Threatened injury" means a statement, overt act,
91.28 condition, or status that represents a substantial risk of
91.29 physical or sexual abuse or mental injury.
91.30 (m) Persons who conduct assessments or investigations under
91.31 this section shall take into account accepted child-rearing
91.32 practices of the culture in which a child participates and
91.33 accepted teacher discipline practices, which are not injurious
91.34 to the child's health, welfare, and safety.
91.35 Sec. 8. Minnesota Statutes 2000, section 626.556,
91.36 subdivision 3, is amended to read:
92.1 Subd. 3. [PERSONS MANDATED TO REPORT.] (a) A person who
92.2 knows or has reason to believe a child is being neglected or
92.3 physically or sexually abused, as defined in subdivision 2, or
92.4 has been neglected or physically or sexually abused within the
92.5 preceding three years, shall immediately report the information
92.6 to the local welfare agency, agency responsible for assessing or
92.7 investigating the report, police department, or the county
92.8 sheriff if the person is:
92.9 (1) a professional or professional's delegate who is
92.10 engaged in the practice of the healing arts, social services,
92.11 hospital administration, psychological or psychiatric treatment,
92.12 child care, education, or law enforcement; or
92.13 (2) employed as a member of the clergy and received the
92.14 information while engaged in ministerial duties, provided that a
92.15 member of the clergy is not required by this subdivision to
92.16 report information that is otherwise privileged under section
92.17 595.02, subdivision 1, paragraph (c).
92.18 The police department or the county sheriff, upon receiving
92.19 a report, shall immediately notify the local welfare agency or
92.20 agency responsible for assessing or investigating the report,
92.21 orally and in writing. The local welfare agency, or agency
92.22 responsible for assessing or investigating the report, upon
92.23 receiving a report, shall immediately notify the local police
92.24 department or the county sheriff orally and in writing. The
92.25 county sheriff and the head of every local welfare agency,
92.26 agency responsible for assessing or investigating reports, and
92.27 police department shall each designate a person within their
92.28 agency, department, or office who is responsible for ensuring
92.29 that the notification duties of this paragraph and paragraph (b)
92.30 are carried out. Nothing in this subdivision shall be construed
92.31 to require more than one report from any institution, facility,
92.32 school, or agency.
92.33 (b) Any person may voluntarily report to the local welfare
92.34 agency, agency responsible for assessing or investigating the
92.35 report, police department, or the county sheriff if the person
92.36 knows, has reason to believe, or suspects a child is being or
93.1 has been neglected or subjected to physical or sexual abuse.
93.2 The police department or the county sheriff, upon receiving a
93.3 report, shall immediately notify the local welfare agency or
93.4 agency responsible for assessing or investigating the report,
93.5 orally and in writing. The local welfare agency or agency
93.6 responsible for assessing or investigating the report, upon
93.7 receiving a report, shall immediately notify the local police
93.8 department or the county sheriff orally and in writing.
93.9 (c) A person mandated to report physical or sexual child
93.10 abuse or neglect occurring within a licensed facility shall
93.11 report the information to the agency responsible for licensing
93.12 the facility under sections 144.50 to 144.58; 241.021; 245A.01
93.13 to 245A.16; or chapter 245B, or a school as defined in sections
93.14 120A.05, subdivisions 9, 11, and 13; and 124D.10; or a
93.15 nonlicensed personal care provider organization as defined in
93.16 sections 256B.04, subdivision 16; and 256B.0625, subdivision
93.17 19. A health or corrections agency receiving a report may
93.18 request the local welfare agency to provide assistance pursuant
93.19 to subdivisions 10, 10a, and 10b. A board or other entity whose
93.20 licensees perform work within a school facility, upon receiving
93.21 a complaint of alleged maltreatment, shall provide information
93.22 about the circumstances of the alleged maltreatment to the
93.23 commissioner of children, families, and learning. Section
93.24 13.03, subdivision 4, applies to data received by the
93.25 commissioner of children, families, and learning from a
93.26 licensing entity.
93.27 (d) Any person mandated to report shall receive a summary
93.28 of the disposition of any report made by that reporter,
93.29 including whether the case has been opened for child protection
93.30 or other services, or if a referral has been made to a community
93.31 organization, unless release would be detrimental to the best
93.32 interests of the child. Any person who is not mandated to
93.33 report shall, upon request to the local welfare agency, receive
93.34 a concise summary of the disposition of any report made by that
93.35 reporter, unless release would be detrimental to the best
93.36 interests of the child.
94.1 (e) For purposes of this subdivision, "immediately" means
94.2 as soon as possible but in no event longer than 24 hours.
94.3 Sec. 9. Minnesota Statutes 2000, section 626.556,
94.4 subdivision 4, is amended to read:
94.5 Subd. 4. [IMMUNITY FROM LIABILITY.] (a) The following
94.6 persons are immune from any civil or criminal liability that
94.7 otherwise might result from their actions, if they are acting in
94.8 good faith:
94.9 (1) any person making a voluntary or mandated report under
94.10 subdivision 3 or under section 626.5561 or assisting in an
94.11 assessment under this section or under section 626.5561;
94.12 (2) any person with responsibility for performing duties
94.13 under this section or supervisor employed by a local welfare
94.14 agency, the commissioner of an agency responsible for operating
94.15 or supervising a licensed or unlicensed day care facility,
94.16 residential facility, agency, hospital, sanitarium, or other
94.17 facility or institution required to be licensed under sections
94.18 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 245B, or a
94.19 school as defined in sections 120A.05, subdivisions 9, 11, and
94.20 13; and 124D.10; or a nonlicensed personal care provider
94.21 organization as defined in sections 256B.04, subdivision 16; and
94.22 256B.0625, subdivision 19a, complying with subdivision 10d; and
94.23 (3) any public or private school, facility as defined in
94.24 subdivision 2, or the employee of any public or private school
94.25 or facility who permits access by a local welfare agency, the
94.26 department of children, families, and learning, or a local law
94.27 enforcement agency and assists in an investigation or assessment
94.28 pursuant to subdivision 10 or under section 626.5561.
94.29 (b) A person who is a supervisor or person with
94.30 responsibility for performing duties under this section employed
94.31 by a local welfare agency, the commissioner of human services,
94.32 or the commissioner of children, families, and learning
94.33 complying with subdivisions 10 and 11 or section 626.5561 or any
94.34 related rule or provision of law is immune from any civil or
94.35 criminal liability that might otherwise result from the person's
94.36 actions, if the person is (1) acting in good faith and
95.1 exercising due care, or (2) acting in good faith and following
95.2 the information collection procedures established under
95.3 subdivision 10, paragraphs (h), (i), and (j).
95.4 (c) This subdivision does not provide immunity to any
95.5 person for failure to make a required report or for committing
95.6 neglect, physical abuse, or sexual abuse of a child.
95.7 (d) If a person who makes a voluntary or mandatory report
95.8 under subdivision 3 prevails in a civil action from which the
95.9 person has been granted immunity under this subdivision, the
95.10 court may award the person attorney fees and costs.
95.11 Sec. 10. Minnesota Statutes 2000, section 626.556,
95.12 subdivision 7, is amended to read:
95.13 Subd. 7. [REPORT.] An oral report shall be made
95.14 immediately by telephone or otherwise. An oral report made by a
95.15 person required under subdivision 3 to report shall be followed
95.16 within 72 hours, exclusive of weekends and holidays, by a report
95.17 in writing to the appropriate police department, the county
95.18 sheriff, the agency responsible for assessing or investigating
95.19 the report, or the local welfare agency, unless the appropriate
95.20 agency has informed the reporter that the oral information does
95.21 not constitute a report under subdivision 10. Any report shall
95.22 be of sufficient content to identify the child, any person
95.23 believed to be responsible for the abuse or neglect of the child
95.24 if the person is known, the nature and extent of the abuse or
95.25 neglect and the name and address of the reporter. If requested,
95.26 the local welfare agency or the agency responsible for assessing
95.27 or investigating the report shall inform the reporter within ten
95.28 days after the report is made, either orally or in writing,
95.29 whether the report was accepted for assessment or investigation.
95.30 Written reports received by a police department or the county
95.31 sheriff shall be forwarded immediately to the local welfare
95.32 agency or the agency responsible for assessing or investigating
95.33 the report. The police department or the county sheriff may
95.34 keep copies of reports received by them. Copies of written
95.35 reports received by a local welfare department or the agency
95.36 responsible for assessing or investigating the report shall be
96.1 forwarded immediately to the local police department or the
96.2 county sheriff.
96.3 A written copy of a report maintained by personnel of
96.4 agencies, other than welfare or law enforcement agencies, which
96.5 are subject to chapter 13 shall be confidential. An individual
96.6 subject of the report may obtain access to the original report
96.7 as provided by subdivision 11.
96.8 Sec. 11. Minnesota Statutes 2000, section 626.556,
96.9 subdivision 10, is amended to read:
96.10 Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW
96.11 ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report
96.12 alleges neglect, physical abuse, or sexual abuse by a parent,
96.13 guardian, or individual functioning within the family unit as a
96.14 person responsible for the child's care, the local welfare
96.15 agency shall immediately conduct an assessment including
96.16 gathering information on the existence of substance abuse and
96.17 offer protective social services for purposes of preventing
96.18 further abuses, safeguarding and enhancing the welfare of the
96.19 abused or neglected minor, and preserving family life whenever
96.20 possible. If the report alleges a violation of a criminal
96.21 statute involving sexual abuse, physical abuse, or neglect or
96.22 endangerment, under section 609.378, the local law enforcement
96.23 agency and local welfare agency shall coordinate the planning
96.24 and execution of their respective investigation and assessment
96.25 efforts to avoid a duplication of fact-finding efforts and
96.26 multiple interviews. Each agency shall prepare a separate
96.27 report of the results of its investigation. In cases of alleged
96.28 child maltreatment resulting in death, the local agency may rely
96.29 on the fact-finding efforts of a law enforcement investigation
96.30 to make a determination of whether or not maltreatment
96.31 occurred. When necessary the local welfare agency shall seek
96.32 authority to remove the child from the custody of a parent,
96.33 guardian, or adult with whom the child is living. In performing
96.34 any of these duties, the local welfare agency shall maintain
96.35 appropriate records.
96.36 If the assessment indicates there is a potential for abuse
97.1 of alcohol or other drugs by the parent, guardian, or person
97.2 responsible for the child's care, the local welfare agency shall
97.3 conduct a chemical use assessment pursuant to Minnesota Rules,
97.4 part 9530.6615. The local welfare agency shall report the
97.5 determination of the chemical use assessment, and the
97.6 recommendations and referrals for alcohol and other drug
97.7 treatment services to the state authority on alcohol and drug
97.8 abuse.
97.9 (b) When a local agency receives a report or otherwise has
97.10 information indicating that a child who is a client, as defined
97.11 in section 245.91, has been the subject of physical abuse,
97.12 sexual abuse, or neglect at an agency, facility, or program as
97.13 defined in section 245.91, it shall, in addition to its other
97.14 duties under this section, immediately inform the ombudsman
97.15 established under sections 245.91 to 245.97. The commissioner
97.16 of children, families, and learning shall inform the ombudsman
97.17 established under sections 245.91 to 245.97 of reports regarding
97.18 a child defined as a client in section 245.91 that maltreatment
97.19 occurred at a school as defined in sections 120A.05,
97.20 subdivisions 9, 11, and 13, and 124D.10.
97.21 (c) Authority of the local welfare agency responsible for
97.22 assessing the child abuse or neglect report, the agency
97.23 responsible for assessing or investigating the report, and of
97.24 the local law enforcement agency for investigating the alleged
97.25 abuse or neglect includes, but is not limited to, authority to
97.26 interview, without parental consent, the alleged victim and any
97.27 other minors who currently reside with or who have resided with
97.28 the alleged offender. The interview may take place at school or
97.29 at any facility or other place where the alleged victim or other
97.30 minors might be found or the child may be transported to, and
97.31 the interview conducted at, a place appropriate for the
97.32 interview of a child designated by the local welfare agency or
97.33 law enforcement agency. The interview may take place outside
97.34 the presence of the alleged offender or parent, legal custodian,
97.35 guardian, or school official. Except as provided in this
97.36 paragraph, the parent, legal custodian, or guardian shall be
98.1 notified by the responsible local welfare or law enforcement
98.2 agency no later than the conclusion of the investigation or
98.3 assessment that this interview has occurred. Notwithstanding
98.4 rule 49.02 of the Minnesota rules of procedure for juvenile
98.5 courts, the juvenile court may, after hearing on an ex parte
98.6 motion by the local welfare agency, order that, where reasonable
98.7 cause exists, the agency withhold notification of this interview
98.8 from the parent, legal custodian, or guardian. If the interview
98.9 took place or is to take place on school property, the order
98.10 shall specify that school officials may not disclose to the
98.11 parent, legal custodian, or guardian the contents of the
98.12 notification of intent to interview the child on school
98.13 property, as provided under this paragraph, and any other
98.14 related information regarding the interview that may be a part
98.15 of the child's school record. A copy of the order shall be sent
98.16 by the local welfare or law enforcement agency to the
98.17 appropriate school official.
98.18 (d) When the local welfare or, local law enforcement
98.19 agency, or the agency responsible for assessing or investigating
98.20 a report of maltreatment determines that an interview should
98.21 take place on school property, written notification of intent to
98.22 interview the child on school property must be received by
98.23 school officials prior to the interview. The notification shall
98.24 include the name of the child to be interviewed, the purpose of
98.25 the interview, and a reference to the statutory authority to
98.26 conduct an interview on school property. For interviews
98.27 conducted by the local welfare agency, the notification shall be
98.28 signed by the chair of the local social services agency or the
98.29 chair's designee. The notification shall be private data on
98.30 individuals subject to the provisions of this paragraph. School
98.31 officials may not disclose to the parent, legal custodian, or
98.32 guardian the contents of the notification or any other related
98.33 information regarding the interview until notified in writing by
98.34 the local welfare or law enforcement agency that the
98.35 investigation or assessment has been concluded, unless a school
98.36 employee or agent is alleged to have maltreated the child.
99.1 Until that time, the local welfare or law enforcement agency or
99.2 the agency responsible for assessing or investigating a report
99.3 of maltreatment shall be solely responsible for any disclosures
99.4 regarding the nature of the assessment or investigation.
99.5 Except where the alleged offender is believed to be a
99.6 school official or employee, the time and place, and manner of
99.7 the interview on school premises shall be within the discretion
99.8 of school officials, but the local welfare or law enforcement
99.9 agency shall have the exclusive authority to determine who may
99.10 attend the interview. The conditions as to time, place, and
99.11 manner of the interview set by the school officials shall be
99.12 reasonable and the interview shall be conducted not more than 24
99.13 hours after the receipt of the notification unless another time
99.14 is considered necessary by agreement between the school
99.15 officials and the local welfare or law enforcement agency.
99.16 Where the school fails to comply with the provisions of this
99.17 paragraph, the juvenile court may order the school to comply.
99.18 Every effort must be made to reduce the disruption of the
99.19 educational program of the child, other students, or school
99.20 staff when an interview is conducted on school premises.
99.21 (e) Where the alleged offender or a person responsible for
99.22 the care of the alleged victim or other minor prevents access to
99.23 the victim or other minor by the local welfare agency, the
99.24 juvenile court may order the parents, legal custodian, or
99.25 guardian to produce the alleged victim or other minor for
99.26 questioning by the local welfare agency or the local law
99.27 enforcement agency outside the presence of the alleged offender
99.28 or any person responsible for the child's care at reasonable
99.29 places and times as specified by court order.
99.30 (f) Before making an order under paragraph (e), the court
99.31 shall issue an order to show cause, either upon its own motion
99.32 or upon a verified petition, specifying the basis for the
99.33 requested interviews and fixing the time and place of the
99.34 hearing. The order to show cause shall be served personally and
99.35 shall be heard in the same manner as provided in other cases in
99.36 the juvenile court. The court shall consider the need for
100.1 appointment of a guardian ad litem to protect the best interests
100.2 of the child. If appointed, the guardian ad litem shall be
100.3 present at the hearing on the order to show cause.
100.4 (g) The commissioner of human services, the ombudsman for
100.5 mental health and mental retardation, the local welfare agencies
100.6 responsible for investigating reports, the commissioner of
100.7 children, families, and learning, and the local law enforcement
100.8 agencies have the right to enter facilities as defined in
100.9 subdivision 2 and to inspect and copy the facility's records,
100.10 including medical records, as part of the investigation.
100.11 Notwithstanding the provisions of chapter 13, they also have the
100.12 right to inform the facility under investigation that they are
100.13 conducting an investigation, to disclose to the facility the
100.14 names of the individuals under investigation for abusing or
100.15 neglecting a child, and to provide the facility with a copy of
100.16 the report and the investigative findings.
100.17 (h) The local welfare agency or the agency responsible for
100.18 assessing or investigating the report shall collect available
100.19 and relevant information to ascertain whether maltreatment
100.20 occurred and whether protective services are needed.
100.21 Information collected includes, when relevant, information with
100.22 regard to the person reporting the alleged maltreatment,
100.23 including the nature of the reporter's relationship to the child
100.24 and to the alleged offender, and the basis of the reporter's
100.25 knowledge for the report; the child allegedly being maltreated;
100.26 the alleged offender; the child's caretaker; and other
100.27 collateral sources having relevant information related to the
100.28 alleged maltreatment. The local welfare agency or the agency
100.29 responsible for assessing or investigating the report may make a
100.30 determination of no maltreatment early in an assessment, and
100.31 close the case and retain immunity, if the collected information
100.32 shows no basis for a full assessment or investigation.
100.33 Information relevant to the assessment or investigation
100.34 must be asked for, and may include:
100.35 (1) the child's sex and age, prior reports of maltreatment,
100.36 information relating to developmental functioning, credibility
101.1 of the child's statement, and whether the information provided
101.2 under this clause is consistent with other information collected
101.3 during the course of the assessment or investigation;
101.4 (2) the alleged offender's age, a record check for prior
101.5 reports of maltreatment, and criminal charges and convictions.
101.6 The local welfare agency or the agency responsible for assessing
101.7 or investigating the report must provide the alleged offender
101.8 with an opportunity to make a statement. The alleged offender
101.9 may submit supporting documentation relevant to the assessment
101.10 or investigation;
101.11 (3) collateral source information regarding the alleged
101.12 maltreatment and care of the child. Collateral information
101.13 includes, when relevant: (i) a medical examination of the
101.14 child; (ii) prior medical records relating to the alleged
101.15 maltreatment or the care of the child and an interview with the
101.16 treating professionals; and (iii) interviews with the child's
101.17 caretakers, including the child's parent, guardian, foster
101.18 parent, child care provider, teachers, counselors, family
101.19 members, relatives, and other persons who may have knowledge
101.20 regarding the alleged maltreatment and the care of the child;
101.21 and
101.22 (4) information on the existence of domestic abuse and
101.23 violence in the home of the child, and substance abuse.
101.24 Nothing in this paragraph precludes the local welfare
101.25 agency, the local law enforcement agency, or the agency
101.26 responsible for assessing or investigating the report from
101.27 collecting other relevant information necessary to conduct the
101.28 assessment or investigation. Notwithstanding the data's
101.29 classification in the possession of any other agency, data
101.30 acquired by the local welfare agency or the agency responsible
101.31 for assessing or investigating the report during the course of
101.32 the assessment or investigation are private data on individuals
101.33 and must be maintained in accordance with subdivision 11. Data
101.34 of the commissioner of children, families, and learning
101.35 collected or maintained during and for the purpose of an
101.36 investigation of alleged maltreatment in a school are governed
102.1 by this section, notwithstanding the data's classification as
102.2 educational, licensing, or personnel data under chapter 13.
102.3 In conducting an assessment or investigation involving a
102.4 school facility as defined in subdivision 2, paragraph (f), the
102.5 commissioner of children, families, and learning shall collect
102.6 investigative reports and data that are relevant to a report of
102.7 maltreatment and are from local law enforcement and the school
102.8 facility.
102.9 (i) In the initial stages of an assessment or
102.10 investigation, the local welfare agency shall conduct a
102.11 face-to-face observation of the child reported to be maltreated
102.12 and a face-to-face interview of the alleged offender. The
102.13 interview with the alleged offender may be postponed if it would
102.14 jeopardize an active law enforcement investigation.
102.15 (j) The local welfare agency shall use a question and
102.16 answer interviewing format with questioning as nondirective as
102.17 possible to elicit spontaneous responses. The following
102.18 interviewing methods and procedures must be used whenever
102.19 possible when collecting information:
102.20 (1) audio recordings of all interviews with witnesses and
102.21 collateral sources; and
102.22 (2) in cases of alleged sexual abuse, audio-video
102.23 recordings of each interview with the alleged victim and child
102.24 witnesses.
102.25 (k) In conducting an assessment or investigation involving
102.26 a school facility as defined in subdivision 2, paragraph (f),
102.27 the commissioner of children, families, and learning shall
102.28 collect available and relevant information and use the
102.29 procedures in paragraphs (h), (i), and (j), provided that the
102.30 commissioner may also base the assessment or investigation on
102.31 investigative reports and data received from the school facility
102.32 and local law enforcement, to the extent those investigations
102.33 satisfy the requirements of paragraphs (h), (i), and (j).
102.34 Sec. 12. Minnesota Statutes 2000, section 626.556,
102.35 subdivision 10b, is amended to read:
102.36 Subd. 10b. [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN
103.1 FACILITY.] (a) This section applies to the commissioners of
103.2 human services, health, and children, families, and learning.
103.3 The commissioner of the agency responsible for assessing or
103.4 investigating the report shall immediately assess or investigate
103.5 if the report alleges that:
103.6 (1) a child who is in the care of a facility as defined in
103.7 subdivision 2 is neglected, physically abused, or sexually
103.8 abused by an individual in that facility, or has been so
103.9 neglected or abused by an individual in that facility within the
103.10 three years preceding the report; or
103.11 (2) a child was neglected, physically abused, or sexually
103.12 abused by an individual in a facility defined in subdivision 2,
103.13 while in the care of that facility within the three years
103.14 preceding the report.
103.15 The commissioner of the agency responsible for assessing or
103.16 investigating the report shall arrange for the transmittal to
103.17 the commissioner of reports received by local agencies and may
103.18 delegate to a local welfare agency the duty to investigate
103.19 reports. In conducting an investigation under this section, the
103.20 commissioner has the powers and duties specified for local
103.21 welfare agencies under this section. The commissioner of the
103.22 agency responsible for assessing or investigating the report or
103.23 local welfare agency may interview any children who are or have
103.24 been in the care of a facility under investigation and their
103.25 parents, guardians, or legal custodians.
103.26 (b) Prior to any interview, the commissioner of the agency
103.27 responsible for assessing or investigating the report or local
103.28 welfare agency shall notify the parent, guardian, or legal
103.29 custodian of a child who will be interviewed in the manner
103.30 provided for in subdivision 10d, paragraph (a). If reasonable
103.31 efforts to reach the parent, guardian, or legal custodian of a
103.32 child in an out-of-home placement have failed, the child may be
103.33 interviewed if there is reason to believe the interview is
103.34 necessary to protect the child or other children in the
103.35 facility. The commissioner of the agency responsible for
103.36 assessing or investigating the report or local agency must
104.1 provide the information required in this subdivision to the
104.2 parent, guardian, or legal custodian of a child interviewed
104.3 without parental notification as soon as possible after the
104.4 interview. When the investigation is completed, any parent,
104.5 guardian, or legal custodian notified under this subdivision
104.6 shall receive the written memorandum provided for in subdivision
104.7 10d, paragraph (c).
104.8 (c) In conducting investigations under this subdivision the
104.9 commissioner or local welfare agency shall obtain access to
104.10 information consistent with subdivision 10, paragraphs (h), (i),
104.11 and (j). In conducting assessments or investigations under this
104.12 subdivision, the commissioner of children, families, and
104.13 learning shall obtain access to reports and investigative data
104.14 that are relevant to a report of maltreatment and are in the
104.15 possession of a school facility as defined in subdivision 2,
104.16 paragraph (f), notwithstanding the classification of the data as
104.17 educational or personnel data under chapter 13. This includes,
104.18 but is not limited to, school investigative reports, information
104.19 concerning the conduct of school personnel alleged to have
104.20 committed maltreatment of students, information about witnesses,
104.21 and any protective or corrective action taken by the school
104.22 facility regarding the school personnel alleged to have
104.23 committed maltreatment.
104.24 (d) Except for foster care and family child care, the
104.25 commissioner has the primary responsibility for the
104.26 investigations and notifications required under subdivisions 10d
104.27 and 10f for reports that allege maltreatment related to the care
104.28 provided by or in facilities licensed by the commissioner. The
104.29 commissioner may request assistance from the local social
104.30 services agency.
104.31 Sec. 13. Minnesota Statutes 2000, section 626.556,
104.32 subdivision 10d, is amended to read:
104.33 Subd. 10d. [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.]
104.34 (a) When a report is received that alleges neglect, physical
104.35 abuse, or sexual abuse of a child while in the care of a
104.36 licensed or unlicensed day care facility, residential facility,
105.1 agency, hospital, sanitarium, or other facility or institution
105.2 required to be licensed according to sections 144.50 to 144.58;
105.3 241.021; or 245A.01 to 245A.16; or chapter 245B, or a school as
105.4 defined in sections 120A.05, subdivisions 9, 11, and 13; and
105.5 124D.10; or a nonlicensed personal care provider organization as
105.6 defined in section 256B.04, subdivision 16, and 256B.0625,
105.7 subdivision 19a, the commissioner of the agency responsible for
105.8 assessing or investigating the report or local welfare agency
105.9 investigating the report shall provide the following information
105.10 to the parent, guardian, or legal custodian of a child alleged
105.11 to have been neglected, physically abused, or sexually abused:
105.12 the name of the facility; the fact that a report alleging
105.13 neglect, physical abuse, or sexual abuse of a child in the
105.14 facility has been received; the nature of the alleged neglect,
105.15 physical abuse, or sexual abuse; that the agency is conducting
105.16 an assessment or investigation; any protective or corrective
105.17 measures being taken pending the outcome of the investigation;
105.18 and that a written memorandum will be provided when the
105.19 investigation is completed.
105.20 (b) The commissioner of the agency responsible for
105.21 assessing or investigating the report or local welfare agency
105.22 may also provide the information in paragraph (a) to the parent,
105.23 guardian, or legal custodian of any other child in the facility
105.24 if the investigative agency knows or has reason to believe the
105.25 alleged neglect, physical abuse, or sexual abuse has occurred.
105.26 In determining whether to exercise this authority, the
105.27 commissioner of the agency responsible for assessing or
105.28 investigating the report or local welfare agency shall consider
105.29 the seriousness of the alleged neglect, physical abuse, or
105.30 sexual abuse; the number of children allegedly neglected,
105.31 physically abused, or sexually abused; the number of alleged
105.32 perpetrators; and the length of the investigation. The facility
105.33 shall be notified whenever this discretion is exercised.
105.34 (c) When the commissioner of the agency responsible for
105.35 assessing or investigating the report or local welfare agency
105.36 has completed its investigation, every parent, guardian, or
106.1 legal custodian previously notified of the investigation by the
106.2 commissioner or local welfare agency shall be provided with the
106.3 following information in a written memorandum: the name of the
106.4 facility investigated; the nature of the alleged neglect,
106.5 physical abuse, or sexual abuse; the investigator's name; a
106.6 summary of the investigation findings; a statement whether
106.7 maltreatment was found; and the protective or corrective
106.8 measures that are being or will be taken. The memorandum shall
106.9 be written in a manner that protects the identity of the
106.10 reporter and the child and shall not contain the name, or to the
106.11 extent possible, reveal the identity of the alleged perpetrator
106.12 or of those interviewed during the investigation. The
106.13 commissioner or local welfare agency shall also provide the
106.14 written memorandum to the parent, guardian, or legal custodian
106.15 of each child in the facility if maltreatment is determined to
106.16 exist. In the case of maltreatment within a school facility, as
106.17 defined in sections 120A.05, subdivisions 9, 11, and 13, and
106.18 124D.10, the commissioner of children, families, and learning
106.19 need not provide notification to parents, guardians, or legal
106.20 custodians of each child in the facility, but may provide
106.21 notification to the parent, guardian, or legal custodian of any
106.22 student alleged to have been maltreated or involved as a witness
106.23 to alleged maltreatment.
106.24 Sec. 14. Minnesota Statutes 2000, section 626.556,
106.25 subdivision 10e, is amended to read:
106.26 Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every
106.27 assessment or investigation it conducts, the local welfare
106.28 agency shall make two determinations: first, whether
106.29 maltreatment has occurred; and second, whether child protective
106.30 services are needed. Upon the conclusion of an assessment or
106.31 investigation by the commissioner of children, families, and
106.32 learning, the commissioner shall determine whether maltreatment
106.33 occurred and what corrective or protective action was taken by
106.34 the school facility. If a determination is made that
106.35 maltreatment has occurred, the commissioner shall report to the
106.36 employer, the school board, and any appropriate licensing entity
107.1 the determination that maltreatment occurred and what corrective
107.2 or protective action was taken by the school facility. In all
107.3 other cases, the commissioner shall inform the school board or
107.4 employer that a report was received, the subject of the report,
107.5 the date of the initial report, the category of maltreatment
107.6 alleged as defined in paragraph (a), the fact that maltreatment
107.7 was not determined, and a summary of the specific reasons for
107.8 the determination. When maltreatment is determined in an
107.9 investigation involving a facility, the investigating agency
107.10 shall also determine whether the facility or individual was
107.11 responsible, or whether both the facility and the individual
107.12 were responsible for the maltreatment using the mitigating
107.13 factors in paragraph (d). Determinations under this subdivision
107.14 must be made based on a preponderance of the evidence and are
107.15 private data on individuals or nonpublic data as maintained by
107.16 the commissioner of children, families, and learning.
107.17 (a) For the purposes of this subdivision, "maltreatment"
107.18 means any of the following acts or omissions committed by a
107.19 person responsible for the child's care:
107.20 (1) physical abuse as defined in subdivision 2, paragraph
107.21 (d);
107.22 (2) neglect as defined in subdivision 2, paragraph (c);
107.23 (3) sexual abuse as defined in subdivision 2, paragraph
107.24 (a); or
107.25 (4) mental injury as defined in subdivision 2, paragraph
107.26 (k).
107.27 (b) For the purposes of this subdivision, a determination
107.28 that child protective services are needed means that the local
107.29 welfare agency has documented conditions during the assessment
107.30 or investigation sufficient to cause a child protection worker,
107.31 as defined in section 626.559, subdivision 1, to conclude that a
107.32 child is at significant risk of maltreatment if protective
107.33 intervention is not provided and that the individuals
107.34 responsible for the child's care have not taken or are not
107.35 likely to take actions to protect the child from maltreatment or
107.36 risk of maltreatment.
108.1 (c) This subdivision does not mean that maltreatment has
108.2 occurred solely because the child's parent, guardian, or other
108.3 person responsible for the child's care in good faith selects
108.4 and depends upon spiritual means or prayer for treatment or care
108.5 of disease or remedial care of the child, in lieu of medical
108.6 care. However, if lack of medical care may result in serious
108.7 danger to the child's health, the local welfare agency may
108.8 ensure that necessary medical services are provided to the child.
108.9 (d) When determining whether the facility or individual is
108.10 the responsible party for determined maltreatment in a facility,
108.11 the investigating agency shall consider at least the following
108.12 mitigating factors:
108.13 (1) whether the actions of the facility or the individual
108.14 caregivers were according to, and followed the terms of, an
108.15 erroneous physician order, prescription, individual care plan,
108.16 or directive; however, this is not a mitigating factor when the
108.17 facility or caregiver was responsible for the issuance of the
108.18 erroneous order, prescription, individual care plan, or
108.19 directive or knew or should have known of the errors and took no
108.20 reasonable measures to correct the defect before administering
108.21 care;
108.22 (2) comparative responsibility between the facility, other
108.23 caregivers, and requirements placed upon an employee, including
108.24 the facility's compliance with related regulatory standards and
108.25 the adequacy of facility policies and procedures, facility
108.26 training, an individual's participation in the training, the
108.27 caregiver's supervision, and facility staffing levels and the
108.28 scope of the individual employee's authority and discretion; and
108.29 (3) whether the facility or individual followed
108.30 professional standards in exercising professional judgment.
108.31 Individual counties may implement more detailed definitions
108.32 or criteria that indicate which allegations to investigate, as
108.33 long as a county's policies are consistent with the definitions
108.34 in the statutes and rules and are approved by the county board.
108.35 Each local welfare agency shall periodically inform mandated
108.36 reporters under subdivision 3 who work in the county of the
109.1 definitions of maltreatment in the statutes and rules and any
109.2 additional definitions or criteria that have been approved by
109.3 the county board.
109.4 Sec. 15. Minnesota Statutes 2000, section 626.556,
109.5 subdivision 10i, is amended to read:
109.6 Subd. 10i. [ADMINISTRATIVE RECONSIDERATION OF FINAL
109.7 DETERMINATION OF MALTREATMENT.] (a) An individual or facility
109.8 that the commissioner or of human services, a local social
109.9 service agency, or the commissioner of children, families, and
109.10 learning determines has maltreated a child, or the child's
109.11 designee, regardless of the determination, who contests the
109.12 investigating agency's final determination regarding
109.13 maltreatment, may request the investigating agency to reconsider
109.14 its final determination regarding maltreatment. The request for
109.15 reconsideration must be submitted in writing to the
109.16 investigating agency within 15 calendar days after receipt of
109.17 notice of the final determination regarding maltreatment.
109.18 (b) If the investigating agency denies the request or fails
109.19 to act upon the request within 15 calendar days after receiving
109.20 the request for reconsideration, the person or facility entitled
109.21 to a fair hearing under section 256.045 may submit to the
109.22 commissioner of human services or the commissioner of children,
109.23 families, and learning a written request for a hearing under
109.24 that section. Section 256.045 also governs hearings requested
109.25 to contest a final determination of the commissioner of
109.26 children, families, and learning.
109.27 (c) If, as a result of the reconsideration, the
109.28 investigating agency changes the final determination of
109.29 maltreatment, that agency shall notify the parties specified in
109.30 subdivisions 10b, 10d, and 10f.
109.31 (d) If an individual or facility contests the investigating
109.32 agency's final determination regarding maltreatment by
109.33 requesting a fair hearing under section 256.045, the
109.34 commissioner of human services shall assure that the hearing is
109.35 conducted and a decision is reached within 90 days of receipt of
109.36 the request for a hearing. The time for action on the decision
110.1 may be extended for as many days as the hearing is postponed or
110.2 the record is held open for the benefit of either party.
110.3 Sec. 16. Minnesota Statutes 2000, section 626.556,
110.4 subdivision 10j, is amended to read:
110.5 Subd. 10j. [RELEASE OF DATA TO MANDATED REPORTERS.] A
110.6 local social services or child protection agency, or the agency
110.7 responsible for assessing or investigating the report of
110.8 maltreatment, may provide relevant private data on individuals
110.9 obtained under this section to mandated reporters who have an
110.10 ongoing responsibility for the health, education, or welfare of
110.11 a child affected by the data, in the best interests of the
110.12 child. Mandated reporters with ongoing responsibility for the
110.13 health, education, or welfare of a child affected by the data
110.14 include the child's teachers or other appropriate school
110.15 personnel, foster parents, health care providers, respite care
110.16 workers, therapists, social workers, child care providers,
110.17 residential care staff, crisis nursery staff, probation
110.18 officers, and court services personnel. Under this section, a
110.19 mandated reporter need not have made the report to be considered
110.20 a person with ongoing responsibility for the health, education,
110.21 or welfare of a child affected by the data. Data provided under
110.22 this section must be limited to data pertinent to the
110.23 individual's responsibility for caring for the child.
110.24 Sec. 17. Minnesota Statutes 2000, section 626.556,
110.25 subdivision 11, is amended to read:
110.26 Subd. 11. [RECORDS.] (a) Except as provided in paragraph
110.27 (b) and subdivisions 10b, 10d, 10g, and 11b, all records
110.28 concerning individuals maintained by a local welfare agency or
110.29 agency responsible for assessing or investigating the report
110.30 under this section, including any written reports filed under
110.31 subdivision 7, shall be private data on individuals, except
110.32 insofar as copies of reports are required by subdivision 7 to be
110.33 sent to the local police department or the county sheriff. All
110.34 records concerning determinations of maltreatment by a facility
110.35 are nonpublic data as maintained by the department of children,
110.36 families, and learning, except insofar as copies of reports are
111.1 required by subdivision 7 to be sent to the local police
111.2 department or the county sheriff. Reports maintained by any
111.3 police department or the county sheriff shall be private data on
111.4 individuals except the reports shall be made available to the
111.5 investigating, petitioning, or prosecuting authority, including
111.6 county medical examiners or county coroners. Section 13.82,
111.7 subdivisions 7, 5a, and 5b, apply to law enforcement data other
111.8 than the reports. The local social services agency or agency
111.9 responsible for assessing or investigating the report shall make
111.10 available to the investigating, petitioning, or prosecuting
111.11 authority, including county medical examiners or county coroners
111.12 or their professional delegates, any records which contain
111.13 information relating to a specific incident of neglect or abuse
111.14 which is under investigation, petition, or prosecution and
111.15 information relating to any prior incidents of neglect or abuse
111.16 involving any of the same persons. The records shall be
111.17 collected and maintained in accordance with the provisions of
111.18 chapter 13. In conducting investigations and assessments
111.19 pursuant to this section, the notice required by section 13.04,
111.20 subdivision 2, need not be provided to a minor under the age of
111.21 ten who is the alleged victim of abuse or neglect. An
111.22 individual subject of a record shall have access to the record
111.23 in accordance with those sections, except that the name of the
111.24 reporter shall be confidential while the report is under
111.25 assessment or investigation except as otherwise permitted by
111.26 this subdivision. Any person conducting an investigation or
111.27 assessment under this section who intentionally discloses the
111.28 identity of a reporter prior to the completion of the
111.29 investigation or assessment is guilty of a misdemeanor. After
111.30 the assessment or investigation is completed, the name of the
111.31 reporter shall be confidential. The subject of the report may
111.32 compel disclosure of the name of the reporter only with the
111.33 consent of the reporter or upon a written finding by the court
111.34 that the report was false and that there is evidence that the
111.35 report was made in bad faith. This subdivision does not alter
111.36 disclosure responsibilities or obligations under the rules of
112.1 criminal procedure.
112.2 (b) Upon request of the legislative auditor, data on
112.3 individuals maintained under this section must be released to
112.4 the legislative auditor in order for the auditor to fulfill the
112.5 auditor's duties under section 3.971. The auditor shall
112.6 maintain the data in accordance with chapter 13.
112.7 (c) The commissioner of children, families, and learning
112.8 must be provided with all requested data that are relevant to a
112.9 report of maltreatment and are in possession of a school
112.10 facility as defined in subdivision 2, paragraph (f), when the
112.11 data is requested pursuant to an assessment or investigation of
112.12 a maltreatment report of a student in a school. If the
112.13 commissioner of children, families, and learning makes a
112.14 determination of maltreatment involving an individual performing
112.15 work within a school facility who is licensed by a board or
112.16 other agency, the commissioner shall provide necessary and
112.17 relevant information to the licensing entity to enable the
112.18 entity to fulfill its statutory duties. Notwithstanding section
112.19 13.03, subdivision 4, data received by a licensing entity under
112.20 this paragraph are governed by section 13.41 or other applicable
112.21 law governing data of the receiving entity, except that this
112.22 section applies to the classification of and access to data on
112.23 the reporter of the maltreatment.
112.24 Sec. 18. [EFFECTIVE DATE.]
112.25 Sections 1 to 17 are effective the day following final
112.26 enactment.