HF 3376

4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; changing provisions in the MFIP work participation
program licensing and child care; making technical changes; changing child
welfare provisions; establishing the Interstate Compact for the Placement of
Children; changing provisions for child placement; establishing child in voluntary
foster care for treatment; changing data privacy provisions; amending Minnesota
Statutes 2006, sections 13.46, by adding subdivisions; 119B.011, subdivision 17;
119B.03, subdivisions 1, 6; 119B.09, subdivisions 1, 9; 119B.125, by adding
a subdivision; 119B.21, subdivision 10; 245C.24, subdivision 2; 256E.30,
subdivision 1; 256E.35, subdivision 7; 256J.24, subdivision 5; 256J.425,
subdivision 1; 256J.521, subdivision 4; 256J.54, subdivisions 2, 5; 256J.545;
259.20, subdivision 1; 259.21, by adding a subdivision; 259.22, subdivision 2;
259.23, subdivision 2; 259.43; 259.52, subdivision 2; 259.53, subdivision 3;
259.59, subdivisions 1, 2; 259.67, subdivisions 2, 3, by adding a subdivision;
259.75, subdivision 5; 259.89, subdivisions 1, 2, 4, by adding a subdivision;
260.835, subdivision 2; 260C.001, subdivision 2; 260C.007, subdivisions 5, 6,
13; 260C.101, subdivision 2; 260C.141, subdivision 2; 260C.171, subdivision
2; 260C.178, subdivision 1; 260C.205; 260C.212, subdivisions 7, 8, by adding
a subdivision; 260C.325, subdivisions 1, 3; 524.2-114; 626.556, subdivision 7;
Minnesota Statutes 2007 Supplement, sections 119B.12; 119B.125, subdivision
2; 119B.13, subdivisions 1, 7; 119B.21, subdivision 5; 119B.231, subdivision
5; 245C.08, subdivision 2; 256.01, subdivision 2; 256E.35, subdivision 2;
256J.20, subdivision 3; 256J.626, subdivisions 3, 7; 256J.95, subdivision 3;
259.41, subdivision 1; 259.57, subdivision 1; 259.67, subdivision 4; 260C.163,
subdivision 1; 260C.209, subdivisions 1, 2, by adding a subdivision; 260C.212,
subdivisions 1, 4; 626.556, subdivision 10a; Laws 2007, chapter 147, article 2,
sections 21; 56; proposing coding for new law in Minnesota Statutes, chapters
259; 260; proposing coding for new law as Minnesota Statutes, chapter 260D;
repealing Minnesota Statutes 2006, sections 256K.25; 260.851; 260B.241;
260C.141, subdivision 2a; 260C.207; 260C.431; 260C.435; Minnesota Statutes
2007 Supplement, section 260C.212, subdivision 9; Minnesota Rules, parts
9560.0092; 9560.0093, subpart 2; 9560.0609.

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

ARTICLE 1

MFIP WORK PARTICIPATION AND LICENSING

Section 1.

Minnesota Statutes 2006, section 245C.24, subdivision 2, is amended to read:

Subd. 2.

Permanent bar to set aside a disqualification.

(a) Except as provided in
paragraph (b), the commissioner may not set aside the disqualification of any individual
disqualified pursuant to this chapter, regardless of how much time has passed, if the
individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.

(b) For an individual in the chemical dependency new text begin or corrections new text end field who was
disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
disqualification was set aside prior to July 1, 2005, the commissioner must consider
granting a variance pursuant to section 245C.30 for the license holder for a program
dealing primarily with adults. A request for reconsideration evaluated under this paragraph
must include a letter of recommendation from the license holder that was subject to the
prior set-aside decision addressing the individual's quality of care to children or vulnerable
adults and the circumstances of the individual's departure from that service.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 256.01, subdivision 2, is
amended to read:

Subd. 2.

Specific powers.

Subject to the provisions of section 241.021, subdivision
2, the commissioner of human services shall carry out the specific duties in paragraphs (a)
through (cc):

(a) Administer and supervise all forms of public assistance provided for by state law
and other welfare activities or services as are vested in the commissioner. Administration
and supervision of human services activities or services includes, but is not limited to,
assuring timely and accurate distribution of benefits, completeness of service, and quality
program management. In addition to administering and supervising human services
activities vested by law in the department, the commissioner shall have the authority to:

(1) require county agency participation in training and technical assistance programs
to promote compliance with statutes, rules, federal laws, regulations, and policies
governing human services;

(2) monitor, on an ongoing basis, the performance of county agencies in the
operation and administration of human services, enforce compliance with statutes, rules,
federal laws, regulations, and policies governing welfare services and promote excellence
of administration and program operation;

(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;

(4) require county agencies to make an adjustment to the public assistance benefits
issued to any individual consistent with federal law and regulation and state law and rule
and to issue or recover benefits as appropriate;

(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 256.017;

(6) make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using appropriated funds; and

(7) enter into contractual agreements with federally recognized Indian tribes with
a reservation in Minnesota to the extent necessary for the tribe to operate a federally
approved family assistance program or any other program under the supervision of the
commissioner. The commissioner shall consult with the affected county or counties in
the contractual agreement negotiations, if the county or counties wish to be included,
in order to avoid the duplication of county and tribal assistance program services. The
commissioner may establish necessary accounts for the purposes of receiving and
disbursing funds as necessary for the operation of the programs.

(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
regulation, and policy necessary to county agency administration of the programs.

(c) Administer and supervise all child welfare activities; promote the enforcement of
laws protecting disabled, dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the times of the conception
nor at the births of the children; license and supervise child-caring and child-placing
agencies and institutions; supervise the care of children in boarding and foster homes or
in private institutions; and generally perform all functions relating to the field of child
welfare now vested in the State Board of Control.

(d) Administer and supervise all noninstitutional service to disabled persons,
including those who are visually impaired, hearing impaired, or physically impaired
or otherwise disabled. The commissioner may provide and contract for the care and
treatment of qualified indigent children in facilities other than those located and available
at state hospitals when it is not feasible to provide the service in state hospitals.

(e) Assist and actively cooperate with other departments, agencies and institutions,
local, state, and federal, by performing services in conformity with the purposes of Laws
1939, chapter 431.

(f) Act as the agent of and cooperate with the federal government in matters of
mutual concern relative to and in conformity with the provisions of Laws 1939, chapter
431, including the administration of any federal funds granted to the state to aid in the
performance of any functions of the commissioner as specified in Laws 1939, chapter 431,
and including the promulgation of rules making uniformly available medical care benefits
to all recipients of public assistance, at such times as the federal government increases its
participation in assistance expenditures for medical care to recipients of public assistance,
the cost thereof to be borne in the same proportion as are grants of aid to said recipients.

(g) Establish and maintain any administrative units reasonably necessary for the
performance of administrative functions common to all divisions of the department.

(h) Act as designated guardian of both the estate and the person of all the wards of
the state of Minnesota, whether by operation of law or by an order of court, without any
further act or proceeding whatever, except as to persons committed as developmentally
disabled. For children under the guardianship of the commissioner or a tribe in Minnesota
recognized by the Secretary of the Interior whose interests would be best served by
adoptive placement, the commissioner may contract with a licensed child-placing agency
or a Minnesota tribal social services agency to provide adoption services. A contract
with a licensed child-placing agency must be designed to supplement existing county
efforts and may not replace existing county programs or tribal social services, unless the
replacement is agreed to by the county board and the appropriate exclusive bargaining
representative, tribal governing body, or the commissioner has evidence that child
placements of the county continue to be substantially below that of other counties. Funds
encumbered and obligated under an agreement for a specific child shall remain available
until the terms of the agreement are fulfilled or the agreement is terminated.

(i) Act as coordinating referral and informational center on requests for service for
newly arrived immigrants coming to Minnesota.

(j) The specific enumeration of powers and duties as hereinabove set forth shall in no
way be construed to be a limitation upon the general transfer of powers herein contained.

(k) Establish county, regional, or statewide schedules of maximum fees and charges
which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
nursing home care and medicine and medical supplies under all programs of medical
care provided by the state and for congregate living care under the income maintenance
programs.

(l) Have the authority to conduct and administer experimental projects to test
methods and procedures of administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental projects, it is further provided
that the commissioner of human services is authorized to waive the enforcement of
existing specific statutory program requirements, rules, and standards in one or more
counties. The order establishing the waiver shall provide alternative methods and
procedures of administration, shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of a project exceed four years.
It is further provided that no order establishing an experimental project as authorized by
the provisions of this section shall become effective until the following conditions have
been met:

(1) the secretary of health and human services of the United States has agreed, for
the same project, to waive state plan requirements relative to statewide uniformity; and

(2) a comprehensive plan, including estimated project costs, shall be approved by
the Legislative Advisory Commission and filed with the commissioner of administration.

(m) According to federal requirements, establish procedures to be followed by
local welfare boards in creating citizen advisory committees, including procedures for
selection of committee members.

(n) Allocate federal fiscal disallowances or sanctions which are based on quality
control error rates for the aid to families with dependent children program formerly
codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the
following manner:

(1) one-half of the total amount of the disallowance shall be borne by the county
boards responsible for administering the programs. For the medical assistance and the
AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be
shared by each county board in the same proportion as that county's expenditures for the
sanctioned program are to the total of all counties' expenditures for the AFDC program
formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the
food stamp program, sanctions shall be shared by each county board, with 50 percent of
the sanction being distributed to each county in the same proportion as that county's
administrative costs for food stamps are to the total of all food stamp administrative costs
for all counties, and 50 percent of the sanctions being distributed to each county in the
same proportion as that county's value of food stamp benefits issued are to the total of
all benefits issued for all counties. Each county shall pay its share of the disallowance
to the state of Minnesota. When a county fails to pay the amount due hereunder, the
commissioner may deduct the amount from reimbursement otherwise due the county, or
the attorney general, upon the request of the commissioner, may institute civil action
to recover the amount due; and

(2) notwithstanding the provisions of clause (1), if the disallowance results from
knowing noncompliance by one or more counties with a specific program instruction, and
that knowing noncompliance is a matter of official county board record, the commissioner
may require payment or recover from the county or counties, in the manner prescribed in
clause (1), an amount equal to the portion of the total disallowance which resulted from the
noncompliance, and may distribute the balance of the disallowance according to clause (1).

(o) Develop and implement special projects that maximize reimbursements and
result in the recovery of money to the state. For the purpose of recovering state money,
the commissioner may enter into contracts with third parties. Any recoveries that result
from projects or contracts entered into under this paragraph shall be deposited in the
state treasury and credited to a special account until the balance in the account reaches
$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
transferred and credited to the general fund. All money in the account is appropriated to
the commissioner for the purposes of this paragraph.

(p) Have the authority to make direct payments to facilities providing shelter
to women and their children according to section 256D.05, subdivision 3. Upon
the written request of a shelter facility that has been denied payments under section
256D.05, subdivision 3, the commissioner shall review all relevant evidence and make
a determination within 30 days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days shall be considered a
determination not to issue direct payments.

(q) Have the authority to establish and enforce the following county reporting
requirements:

(1) the commissioner shall establish fiscal and statistical reporting requirements
necessary to account for the expenditure of funds allocated to counties for human
services programs. When establishing financial and statistical reporting requirements, the
commissioner shall evaluate all reports, in consultation with the counties, to determine if
the reports can be simplified or the number of reports can be reduced;

(2) the county board shall submit monthly or quarterly reports to the department
as required by the commissioner. Monthly reports are due no later than 15 working days
after the end of the month. Quarterly reports are due no later than 30 calendar days after
the end of the quarter, unless the commissioner determines that the deadline must be
shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines
or risking a loss of federal funding. Only reports that are complete, legible, and in the
required format shall be accepted by the commissioner;

(3) if the required reports are not received by the deadlines established in clause (2),
the commissioner may delay payments and withhold funds from the county board until
the next reporting period. When the report is needed to account for the use of federal
funds and the late report results in a reduction in federal funding, the commissioner shall
withhold from the county boards with late reports an amount equal to the reduction in
federal funding until full federal funding is received;

(4) a county board that submits reports that are late, illegible, incomplete, or not
in the required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner
shall notify the county board of the reason the county board is considered noncompliant
and request that the county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective action plan must be submitted
to the commissioner within 45 days after the date the county board received notice
of noncompliance;

(5) the final deadline for fiscal reports or amendments to fiscal reports is one year
after the date the report was originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding associated with the report for
that reporting period and the county board must repay any funds associated with the
report received for that reporting period;

(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to
provide appropriate forms, guidelines, and technical assistance to enable the county to
comply with the requirements. If the county board disagrees with an action taken by the
commissioner under clause (3) or (5), the county board may appeal the action according
to sections 14.57 to 14.69; and

(7) counties subject to withholding of funds under clause (3) or forfeiture or
repayment of funds under clause (5) shall not reduce or withhold benefits or services to
clients to cover costs incurred due to actions taken by the commissioner under clause
(3) or (5).

(r) Allocate federal fiscal disallowances or sanctions for audit exceptions when
federal fiscal disallowances or sanctions are based on a statewide random sample deleted text begin for
the foster care program under title IV-E of the Social Security Act, United States Code,
title 42, deleted text end in direct proportion to each county's deleted text begin title IV-E foster care maintenance deleted text end claim
for that period.

(s) Be responsible for ensuring the detection, prevention, investigation, and
resolution of fraudulent activities or behavior by applicants, recipients, and other
participants in the human services programs administered by the department.

(t) Require county agencies to identify overpayments, establish claims, and utilize
all available and cost-beneficial methodologies to collect and recover these overpayments
in the human services programs administered by the department.

(u) Have the authority to administer a drug rebate program for drugs purchased
pursuant to the prescription drug program established under section 256.955 after the
beneficiary's satisfaction of any deductible established in the program. The commissioner
shall require a rebate agreement from all manufacturers of covered drugs as defined in
section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on
or after July 1, 2002, must include rebates for individuals covered under the prescription
drug program who are under 65 years of age. For each drug, the amount of the rebate shall
be equal to the rebate as defined for purposes of the federal rebate program in United
States Code, title 42, section 1396r-8. The manufacturers must provide full payment
within 30 days of receipt of the state invoice for the rebate within the terms and conditions
used for the federal rebate program established pursuant to section 1927 of title XIX of
the Social Security Act. The manufacturers must provide the commissioner with any
information necessary to verify the rebate determined per drug. The rebate program shall
utilize the terms and conditions used for the federal rebate program established pursuant to
section 1927 of title XIX of the Social Security Act.

(v) Have the authority to administer the federal drug rebate program for drugs
purchased under the medical assistance program as allowed by section 1927 of title XIX
of the Social Security Act and according to the terms and conditions of section 1927.
Rebates shall be collected for all drugs that have been dispensed or administered in an
outpatient setting and that are from manufacturers who have signed a rebate agreement
with the United States Department of Health and Human Services.

(w) Have the authority to administer a supplemental drug rebate program for drugs
purchased under the medical assistance program. The commissioner may enter into
supplemental rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the provisions of section
256B.0625, subdivision 13.

(x) Operate the department's communication systems account established in Laws
1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs the commissioner
supervises. A communications account may also be established for each regional
treatment center which operates communications systems. Each account must be used
to manage shared communication costs necessary for the operations of the programs the
commissioner supervises. The commissioner may distribute the costs of operating and
maintaining communication systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and
other costs as determined by the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of programs the commissioner
supervises may participate in the use of the department's communications technology and
share in the cost of operation. The commissioner may accept on behalf of the state any
gift, bequest, devise or personal property of any kind, or money tendered to the state for
any lawful purpose pertaining to the communication activities of the department. Any
money received for this purpose must be deposited in the department's communication
systems accounts. Money collected by the commissioner for the use of communication
systems must be deposited in the state communication systems account and is appropriated
to the commissioner for purposes of this section.

(y) Receive any federal matching money that is made available through the medical
assistance program for the consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received for the consumer satisfaction survey in either year of
the biennium.

(z) Designate community information and referral call centers and incorporate
cost reimbursement claims from the designated community information and referral
call centers into the federal cost reimbursement claiming processes of the department
according to federal law, rule, and regulations. Existing information and referral centers
provided by Greater Twin Cities United Way or existing call centers for which Greater
Twin Cities United Way has legal authority to represent, shall be included in these
designations upon review by the commissioner and assurance that these services are
accredited and in compliance with national standards. Any reimbursement is appropriated
to the commissioner and all designated information and referral centers shall receive
payments according to normal department schedules established by the commissioner
upon final approval of allocation methodologies from the United States Department of
Health and Human Services Division of Cost Allocation or other appropriate authorities.

(aa) Develop recommended standards for foster care homes that address the
components of specialized therapeutic services to be provided by foster care homes with
those services.

(bb) Authorize the method of payment to or from the department as part of the
human services programs administered by the department. This authorization includes the
receipt or disbursement of funds held by the department in a fiduciary capacity as part of
the human services programs administered by the department.

(cc) Have the authority to administer a drug rebate program for drugs purchased for
persons eligible for general assistance medical care under section 256D.03, subdivision 3.
For manufacturers that agree to participate in the general assistance medical care rebate
program, the commissioner shall enter into a rebate agreement for covered drugs as
defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the
rebate shall be equal to the rebate as defined for purposes of the federal rebate program in
United States Code, title 42, section 1396r-8. The manufacturers must provide payment
within the terms and conditions used for the federal rebate program established under
section 1927 of title XIX of the Social Security Act. The rebate program shall utilize
the terms and conditions used for the federal rebate program established under section
1927 of title XIX of the Social Security Act.

Effective January 1, 2006, drug coverage under general assistance medical care shall
be limited to those prescription drugs that:

(1) are covered under the medical assistance program as described in section
256B.0625, subdivisions 13 and 13d; and

(2) are provided by manufacturers that have fully executed general assistance
medical care rebate agreements with the commissioner and comply with such agreements.
Prescription drug coverage under general assistance medical care shall conform to
coverage under the medical assistance program according to section 256B.0625,
subdivisions 13 to 13g.

The rebate revenues collected under the drug rebate program are deposited in the
general fund.

Sec. 3.

Minnesota Statutes 2006, section 256J.425, subdivision 1, is amended to read:

Subdivision 1.

Eligibility.

(a) To be eligible for a hardship extension, a participant
in an assistance unit subject to the time limit under section 256J.42, subdivision 1, must
be in compliance in the participant's 60th counted month. For purposes of determining
eligibility for a hardship extension, a participant is in compliance in any month that the
participant has not been sanctioned. new text begin In order to maintain eligibility for any of the hardship
extension categories a participant shall develop and comply with either an employment
plan or a family stabilization services plan, whichever is appropriate.
new text end

(b) If one participant in a two-parent assistance unit is determined to be ineligible for
a hardship extension, the county shall give the assistance unit the option of disqualifying
the ineligible participant from MFIP. In that case, the assistance unit shall be treated as a
one-parent assistance unit and the assistance unit's MFIP grant shall be calculated using
the shared household standard under section 256J.08, subdivision 82a.

(c) Prior to denying an extension, the county must review the sanction status and
determine whether the sanction is appropriate or if good cause exists under section 256J.57.
If the sanction was inappropriately applied or the participant is granted a good cause
exception before the end of month 60, the participant shall be considered for an extension.

Sec. 4.

Minnesota Statutes 2007 Supplement, section 256J.626, subdivision 3, is
amended to read:

Subd. 3.

Eligibility for services.

Families with a minor child, a pregnant woman,
or a noncustodial parent of a minor child receiving assistance, with incomes below 200
percent of the federal poverty guideline for a family of the applicable size, are eligible for
services funded under the consolidated fund. Counties and tribes must give priority to
families currently receiving MFIP, the diversionary work program, or family stabilization
services, and families at risk of receiving MFIP or diversionary work program. new text begin A county
or tribe shall not impose a residency requirement on families, except for the residency
requirement under section 256J.12.
new text end

Sec. 5.

Minnesota Statutes 2007 Supplement, section 256J.626, subdivision 7, is
amended to read:

Subd. 7.

Performance base funds.

(a) deleted text begin Beginning deleted text end new text begin For new text end calendar year deleted text begin 2008 deleted text end new text begin 2009
and yearly thereafter new text end , each county and tribe will be allocated 95 percent of their initial
calendar year allocation. Counties and tribes will be allocated additional funds based on
performance as follows:

(1) deleted text begin for calendar year 2008 and yearly thereafter, deleted text end a county or tribe that achieves a
50 percent deleted text begin MFIP deleted text end new text begin TANF new text end participation rate or a five percentage point improvement over
the previous year's deleted text begin MFIP deleted text end new text begin TANF new text end participation rate under section 256J.751, subdivision 2,
clause (7), as averaged across deleted text begin the four quarterly measurements deleted text end new text begin 12 consecutive months new text end for
the most recent year for which the measurements are available, will receive an additional
allocation equal to 2.5 percent of its initial allocation; and

(2) deleted text begin for calendar years 2005 and thereafter, a county or tribe that performs above the
top of its annualized range of expected performance on the three-year self-support index
under section 256J.751, subdivision 2, clause (6), will receive an additional allocation
equal to five percent of its initial allocation; and deleted text end

deleted text begin (3) for calendar years 2005 and thereafter, deleted text end a county or tribe that performs within new text begin or
above new text end its range of expected performance on the annualized three-year self-support index
under section 256J.751, subdivision 2, clause (6), will receive an additional allocation
equal to 2.5 percent of its initial allocation; and

deleted text begin (4) for calendar years 2008 and thereafter, deleted text end new text begin (3) new text end a county or tribe that does not achieve
a 50 percent deleted text begin MFIP deleted text end new text begin TANF new text end participation rate or a five percentage point improvement over
the previous year's deleted text begin MFIP deleted text end new text begin TANF new text end participation rate under section 256J.751, subdivision 2,
clause (7), as averaged across deleted text begin the four quarterly measurements deleted text end new text begin 12 consecutive months new text end
for the most recent year for which the measurements are available, will not receive
an additional 2.5 percent of its initial allocation until after negotiating a multiyear
improvement plan with the commissioner; or

deleted text begin (5) for calendar years 2008 and thereafter, deleted text end new text begin (4) new text end a county or tribe that does not
perform within new text begin or above new text end its range of expected performance on the annualized three-year
self-support index under section 256J.751, subdivision 2, clause (6), will not receive an
additional allocation equal to 2.5 percent of its initial allocation until after negotiating a
multiyear improvement plan with the commissioner.

(b) new text begin For calendar year 2009 and yearly thereafter, new text end performance-based funds for a
federally approved tribal TANF program in which the state and tribe have in place a
contract under section 256.01, addressing consolidated funding, will be allocated as
follows:

(1) deleted text begin for calendar year 2006 and yearly thereafter, deleted text end a tribe that achieves the participation
rate approved in its federal TANF plan using the average of deleted text begin four quarterly measurements deleted text end
new text begin 12 consecutive months new text end for the most recent year for which the measurements are available,
will receive an additional allocation equal to 2.5 percent of its initial allocation; and

(2) deleted text begin for calendar years 2006 and thereafter, a tribe that performs above the top of its
annualized range of expected performance on the three-year self-support index under
section 256J.751, subdivision 2, clause (6), will receive an additional allocation equal
to five percent of its initial allocation; or
deleted text end

deleted text begin (3) for calendar years 2006 and thereafter, deleted text end a tribe that performs within new text begin or above new text end its
range of expected performance on the annualized three-year self-support index under
section 256J.751, subdivision 2, clause (6), will receive an additional allocation equal
to 2.5 percent of its initial allocation; or

deleted text begin (4) for calendar year 2008 and yearly thereafter, deleted text end new text begin (3) new text end a tribe that does not achieve the
participation rate approved in its federal TANF plan using the average of deleted text begin four quarterly deleted text end
deleted text begin measurements deleted text end new text begin 12 consecutive months new text end for the most recent year for which the measurements
are available, will not receive an additional allocation equal to 2.5 percent of its initial
allocation until after negotiating a multiyear improvement plan with the commissioner; or

deleted text begin (5) for calendar year 2008 and yearly thereafter, deleted text end new text begin (4) new text end a tribe that does not perform
within new text begin or above new text end its range of expected performance on the annualized three-year
self-support index under section 256J.751, subdivision 2, clause (6), will not receive an
additional allocation equal to 2.5 percent until after negotiating a multiyear improvement
plan with the commissioner.

(c) Funds remaining unallocated after the performance-based allocations in
paragraph (a) are available to the commissioner for innovation projects under subdivision
5.

(d) (1) If available funds are insufficient to meet county and tribal allocations
under paragraph (a), the commissioner may make available for allocation funds that are
unobligated and available from the innovation projects through the end of the current
biennium.

(2) If after the application of clause (1) funds remain insufficient to meet county and
tribal allocations under paragraph (a), the commissioner must proportionally reduce the
allocation of each county and tribe with respect to their maximum allocation available
under paragraph (a).

ARTICLE 2

CHILD CARE

Section 1.

Minnesota Statutes 2006, section 119B.03, subdivision 6, is amended to read:

Subd. 6.

Allocation formula.

The basic sliding fee state and federal funds shall be
allocated on a calendar year basis. Funds shall be allocated first in amounts equal to each
county's guaranteed floor according to subdivision 8, with any remaining available funds
allocated according to the following formula:

(a) One-fourth of the funds shall be allocated in proportion to each county's total
expenditures for the basic sliding fee child care program reported during the most recent
fiscal year completed at the time of the notice of allocation.

(b) new text begin Up to new text end one-fourth of the funds shall be allocated deleted text begin based on deleted text end new text begin in proportion to new text end the
number of families participating in the transition year child care program as reported
during new text begin and averaged over new text end the most recent deleted text begin quarter deleted text end new text begin six months new text end completed at the time of the
notice of allocation. new text begin Funds in excess of the amount necessary to serve all families in this
category shall be allocated according to paragraph (f).
new text end

(c) new text begin Up to new text end one-fourth of the funds shall be allocated in proportion to new text begin the average of new text end
each county's most deleted text begin recently deleted text end new text begin recent six months of new text end reported first, second, and third priority
waiting list as defined in subdivision 2 and the reinstatement list of those families whose
assistance was terminated with the approval of the commissioner under Minnesota Rules,
part 3400.0183, subpart 1. new text begin Funds in excess of the amount necessary to serve all families in
this category shall be allocated according to paragraph (f).
new text end

(d) new text begin Up to new text end one-fourth of the funds deleted text begin must deleted text end new text begin shall new text end be allocated in proportion to new text begin the average
of new text end each county's most deleted text begin recently deleted text end new text begin recent six months of new text end reported waiting list as defined in
subdivision 2 and the reinstatement list of those families whose assistance was terminated
with the approval of the commissioner under Minnesota Rules, part 3400.0183, subpart
1. new text begin Funds in excess of the amount necessary to serve all families in this category shall
be allocated according to paragraph (f).
new text end

new text begin (e) The amount necessary to serve all families in paragraphs (b), (c), and (d) shall be
calculated based on the basic sliding fee average cost of care per family in the county with
the highest cost in the most recently completed calendar year.
new text end

new text begin (f) Funds in excess of the amount necessary to serve all families in paragraphs (b),
(c), and (d) shall be allocated in proportion to each county's total expenditures for the basic
sliding fee child care program reported during the most recent fiscal year completed at the
time of the notice of allocation.
new text end

Sec. 2.

Minnesota Statutes 2006, section 119B.09, subdivision 9, is amended to read:

Subd. 9.

Licensed and legal nonlicensed family child care providers; assistance.

Licensed and legal nonlicensed family child care providers new text begin and their employees new text end are not
eligible to receive child care assistance subsidies under this chapter for their own children
or children in their family during the hours they are providing child care or being paid to
provide child care. Child care providers new text begin and their employees new text end are eligible to receive child
care assistance subsidies for their children when they are engaged in other activities that
meet the requirements of this chapter and for which child care assistance can be paid. The
hours for which the provider new text begin or their employee new text end receives a child care subsidy for their own
children must not overlap with the hours the provider provides child care services.

Sec. 3.

Minnesota Statutes 2007 Supplement, section 119B.231, subdivision 5, is
amended to read:

Subd. 5.

Relationship to current law.

(a) The following provisions in chapter 119B
must be waived or modified for families receiving services under this section.

(b) Notwithstanding section 119B.13, subdivisions 1 and 1a, maximum weekly rates
under this section are 125 percent of the existing maximum weekly rate for like-care.
Providers eligible for a differential rate under section 119B.13, subdivision 3a, remain
eligible for the differential above the rate identified in this section. Only care for children
who have not yet entered kindergarten may be paid at the maximum rate under this
section. The provider's charge for service provided through an SRSA may not exceed the
rate that the provider charges a private-pay family for like-care arrangements.

(c) A family or child care provider may not be assessed an overpayment for care
provided through an SRSA unless:

(1) there was an error in the amount of care authorized for the family; or

(2) the family or provider did not timely report a change as required under the law.

(d) Care provided through an SRSA is authorized on a weekly basis.

(e) Funds appropriated under this section to serve families eligible under section
119B.03 are not allocated through the basic sliding fee formula under section 119B.03.
Funds appropriated under this section are used to offset increased costs when payments
are made under SRSA's.

(f) Notwithstanding section 119B.09, subdivision 6, the maximum amount of child
care assistance that may be authorized for a child receiving care through an SRSA in a
two-week period is 160 hours per child.

new text begin (g) Effective upon date of enactment, absent day payment limits under section
119B.13, subdivision 7, do not apply to children for care paid through SRSA's provided
the family remains eligible under subdivision 3.
new text end

Sec. 5. new text begin CHILD CARE ADVISORY TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner of human services shall establish
a Child Care Advisory Task Force of stakeholders to review and make recommendations
to the legislature to remove barriers facing families applying for and receiving child care
assistance under Minnesota Statutes, chapter 119B.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commissioner of human services shall appoint Child
Care Advisory Task Force members. The Child Care Advisory Task Force shall include,
but is not limited to, representatives from:
new text end

new text begin (1) the Department of Human Services;
new text end

new text begin (2) counties and nonprofit organizations administering the child care assistance
programs;
new text end

new text begin (3) a parent receiving child care assistance;
new text end

new text begin (4) the child care advocacy community; and
new text end

new text begin (5) the antipoverty advocacy community.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The Child Care Advisory Task Force shall review child care
assistance laws, rules, and policies and make recommendations to remove barriers facing
families applying for child care assistance or completing reauthorization for child care
assistance to the legislative committees with jurisdiction over the child care assistance
programs under Minnesota Statutes, chapter 119B. Barriers to review include, but are
not limited to:
new text end

new text begin (1) length of application forms;
new text end

new text begin (2) consistency of application and reauthorization forms statewide;
new text end

new text begin (3) documentation requirements, including frequency of producing documentation;
new text end

new text begin (4) barriers facing parents with limited English; and
new text end

new text begin (5) length of reauthorization periods.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By January 15, 2010, the Department of Human Services shall
report to the legislative committees with jurisdiction over the child care assistance
programs with the Child Care Advisory Task Force recommendations to remove the
barriers facing families in applying for and receiving child care assistance.
new text end

new text begin Subd. 5. new text end

new text begin Task force expenses. new text end

new text begin Notwithstanding Minnesota Statutes, section 15.059,
task force members must not be paid a per diem or reimbursed for any expenses associated
with their membership on the task force.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The Child Care Advisory Task Force expires June 30, 2010.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

CHILD CARE TECHNICAL

Section 1.

Minnesota Statutes 2006, section 119B.011, subdivision 17, is amended to
read:

Subd. 17.

MFIP.

"MFIP" means the Minnesota family investment program, the
state's TANF program under Public Law 104-193, Title I, and includes the MFIP program
under chapter 256J deleted text begin , the work first program under chapter 256K, deleted text end and tribal contracts under
section 119B.02, subdivision 2, or 256.01, subdivision 2.

Sec. 2.

Minnesota Statutes 2006, section 119B.03, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Allocation period; deleted text end Notice of allocation.

deleted text begin When the commissioner
notifies county and human service boards of the forms and instructions they are to
follow in the development of their child care fund plans required under section 119B.08,
subdivision 3, the commissioner shall also notify county and human services boards of
their estimated child care fund program allocation for the two years covered by the plan. deleted text end
By October 1 of each year, the commissioner shall notify all counties of their final child
care fund program allocation.

Sec. 3.

Minnesota Statutes 2006, section 119B.09, subdivision 1, is amended to read:

Subdivision 1.

General eligibility requirements for all applicants for child
care assistance.

(a) Child care services must be available to families who need child
care to find or keep employment or to obtain the training or education necessary to find
employment and who:

(1) have household income less than or equal to deleted text begin 250 deleted text end new text begin 67 new text end percent of the deleted text begin federal poverty deleted text end
deleted text begin guidelines deleted text end new text begin state median income new text end , adjusted for family size, and meet the requirements
of section 119B.05; receive MFIP assistance; and are participating in employment and
training services under chapter 256J deleted text begin or 256K deleted text end ; or

(2) have household income less than or equal to deleted text begin 175 deleted text end new text begin 47 new text end percent of the deleted text begin federal
poverty guidelines deleted text end new text begin state median income new text end , adjusted for family size, at program entry and
less than deleted text begin 250 deleted text end new text begin 67 new text end percent of the deleted text begin federal poverty guidelines deleted text end new text begin state median income new text end , adjusted
for family size, at program exit.

(b) Child care services must be made available as in-kind services.

(c) All applicants for child care assistance and families currently receiving child care
assistance must be assisted and required to cooperate in establishment of paternity and
enforcement of child support obligations for all children in the family as a condition
of program eligibility. For purposes of this section, a family is considered to meet the
requirement for cooperation when the family complies with the requirements of section
256.741.

Sec. 4.

Minnesota Statutes 2007 Supplement, section 119B.12, is amended to read:

119B.12 SLIDING FEE SCALE.

Subdivision 1.

Fee schedule.

In setting the sliding fee schedule, the commissioner
shall exclude from the amount of income used to determine eligibility an amount for
federal and state income and Social Security taxes attributable to that income level
according to federal and state standardized tax tables. The commissioner shall base the
parent fee on the ability of the family to pay for child care. The fee schedule must be
designed to use any available tax credits.

PARENT FEE SCHEDULE. The parent fee schedule is as follows new text begin , except as noted
in subdivision 2 new text end :

Income Range (as a percent of the deleted text begin federal poverty guidelines deleted text end new text begin state median income, except at the start of the first tier new text end )	Co-payment (as a percentage of adjusted gross income)
0-74.99% new text begin of federal poverty guidelines new text end	$0/month
75.00-99.99% new text begin of federal poverty guidelines new text end	$5/month
deleted text begin 100.00-104.99% deleted text end new text begin 100.00% of federal poverty guidelines-27.72% new text end	2.61%
deleted text begin 105.00-109.99% deleted text end new text begin 27.73-29.04% new text end	2.61%
deleted text begin 110.00-114.99% deleted text end new text begin 29.05-30.36% new text end	2.61%
deleted text begin 115.00-119.99% deleted text end new text begin 30.37-31.68% new text end	2.61%
deleted text begin 120.00-124.99% deleted text end new text begin 31.69-33.00% new text end	2.91%
deleted text begin 125.00-129.99% deleted text end new text begin 33.01-34.32% new text end	2.91%
deleted text begin 130.00-134.99% deleted text end new text begin 34.33-35.65% new text end	2.91%
deleted text begin 135.00-139.99% deleted text end new text begin 35.66-36.96% new text end	2.91%
deleted text begin 140.00-144.99% deleted text end new text begin 36.97-38.29% new text end	3.21%
deleted text begin 145.00-149.99% deleted text end new text begin 38.30-39.61% new text end	3.21%
deleted text begin 150.00-154.99% deleted text end new text begin 39.62-40.93% new text end	3.21%
deleted text begin 155.00-159.99% deleted text end new text begin 40.94-42.25% new text end	3.84%
deleted text begin 160.00-164.99% deleted text end new text begin 42.26-43.57% new text end	3.84%
deleted text begin 165.00-169.99% deleted text end new text begin 43.58-44.89% new text end	4.46%
deleted text begin 170.00-174.99% deleted text end new text begin 44.90-46.21% new text end	4.76%
deleted text begin 175.00-179.99% deleted text end new text begin 46.22-47.53% new text end	5.05%
deleted text begin 180.00-184.99% deleted text end new text begin 47.54-48.85% new text end	5.65%
deleted text begin 185.00-189.99% deleted text end new text begin 48.86-50.17% new text end	5.95%
deleted text begin 190.00-194.99% deleted text end new text begin 50.18-51.49% new text end	6.24%
deleted text begin 195.00-199.99% deleted text end new text begin 51.50-52.81% new text end	6.84%
deleted text begin 200.00-204.99% deleted text end new text begin 52.82-54.13% new text end	7.58%
deleted text begin 205.00-209.99% deleted text end new text begin 54.14-55.45% new text end	8.33%
deleted text begin 210.00-214.99% deleted text end new text begin 55.46-56.77% new text end	9.20%
deleted text begin 215.00-219.99% deleted text end new text begin 56.78-58.09% new text end	10.07%
deleted text begin 220.00-224.99% deleted text end new text begin 58.10-59.41% new text end	10.94%
deleted text begin 225.00-229.99% deleted text end new text begin 59.42-60.73% new text end	11.55%
deleted text begin 230.00-234.99% deleted text end new text begin 60.74-62.06% new text end	12.16%
deleted text begin 235.00-239.99% deleted text end new text begin 62.07-63.38% new text end	12.77%
deleted text begin 240.00-244.99% deleted text end new text begin 63.39-64.70% new text end	13.38%
deleted text begin 245.00-249.99% deleted text end new text begin 64.71-66.99% new text end	14.00%
deleted text begin 250% deleted text end new text begin 67.00% new text end	ineligible

A family's monthly co-payment fee is the fixed percentage established for the
income range multiplied by the highest possible income within that income range.

Subd. 2.

Parent fee.

A family must be assessed a parent fee for each service period.
A family's parent fee must be a fixed percentage of its annual gross income. Parent fees
must apply to families eligible for child care assistance under sections 119B.03 and
119B.05. Income must be as defined in section 119B.011, subdivision 15. The fixed
percent is based on the relationship of the family's annual gross income to 100 percent
of the annual deleted text begin federal poverty guidelines deleted text end new text begin state median income new text end . Parent fees must begin
at 75 percent of the poverty level. The minimum parent fees for families between 75
percent and 100 percent of poverty level must be $5 per month. Parent fees must provide
for graduated movement to full payment. Payment of part or all of a family's parent
fee directly to the family's child care provider on behalf of the family by a source other
than the family shall not affect the family's eligibility for child care assistance, and the
amount paid shall be excluded from the family's income. Child care providers who accept
third-party payments must maintain family specific documentation of payment source,
amount, and time period covered by the payment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 5.

Minnesota Statutes 2006, section 119B.125, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Background study required. new text end

new text begin This subdivision only applies to legal,
nonlicensed family child care providers. Prior to authorization, and as part of each
reauthorization required in subdivision 1, the county shall perform a background study on
every member of the provider's household who is age 13 and older. The background study
shall be conducted according to the procedures under subdivision 2.
new text end

Sec. 6.

Minnesota Statutes 2007 Supplement, section 119B.125, subdivision 2, is
amended to read:

Subd. 2.

Persons who cannot be authorized.

(a) deleted text begin A person who deleted text end new text begin When any
member of the legal, nonlicensed family child care provider's household new text end meets any of the
conditions under paragraphs (b) to (n) new text begin , the provider new text end must not be authorized as a legal
nonlicensed family child care provider. To determine whether any of the listed conditions
exist, the county must request information about the provider new text begin and other household
members for whom a background study is required under subdivision 1a new text end from the Bureau
of Criminal Apprehension, the juvenile courts, and social service agencies. When one
of the listed entities does not maintain information on a statewide basis, the county must
contact the entity in the county where the provider resides and any other county in which
the provider new text begin or any household member new text end previously resided in the past year. For purposes of
this subdivision, a finding that a delinquency petition is proven in juvenile court must be
considered a conviction in state district court. If a county has determined that a provider
is able to be authorized in that county, and a family in another county later selects that
provider, the provider is able to be authorized in the second county without undergoing a
new background investigation unless one of the following conditions exists:

(1) two years have passed since the first authorization;

(2) another person age 13 or older has joined the provider's household since the
last authorization;

(3) a current household member has turned 13 since the last authorization; or

(4) there is reason to believe that a household member has a factor that prevents
authorization.

(b) The person has been convicted of one of the following offenses or has admitted to
committing or a preponderance of the evidence indicates that the person has committed an
act that meets the definition of one of the following offenses: sections 609.185 to 609.195,
murder in the first, second, or third degree; 609.2661 to 609.2663, murder of an unborn
child in the first, second, or third degree; 609.322, solicitation, inducement, promotion
of prostitution, or receiving profit from prostitution; 609.342 to 609.345, criminal sexual
conduct in the first, second, third, or fourth degree; 609.352, solicitation of children to
engage in sexual conduct; 609.365, incest; 609.377, felony malicious punishment of a
child; 617.246, use of minors in sexual performance; 617.247, possession of pictorial
representation of a minor; 609.2242 to 609.2243, felony domestic assault; a felony offense
of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime
against children; or an attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country where the elements are
substantially similar to any of the offenses listed in this paragraph.

(c) Less than 15 years have passed since the discharge of the sentence imposed for
the offense and the person has received a felony conviction for one of the following
offenses, or the person has admitted to committing or a preponderance of the evidence
indicates that the person has committed an act that meets the definition of a felony
conviction for one of the following offenses: sections 609.20 to 609.205, manslaughter in
the first or second degree; 609.21, criminal vehicular homicide; 609.215, aiding suicide
or aiding attempted suicide; 609.221 to 609.2231, assault in the first, second, third, or
fourth degree; 609.224, repeat offenses of fifth degree assault; 609.228, great bodily
harm caused by distribution of drugs; 609.2325, criminal abuse of a vulnerable adult;
609.2335, financial exploitation of a vulnerable adult; 609.235, use of drugs to injure or
facilitate a crime; 609.24, simple robbery; 617.241, repeat offenses of obscene materials
and performances; 609.245, aggravated robbery; 609.25, kidnapping; 609.255, false
imprisonment; 609.2664 to 609.2665, manslaughter of an unborn child in the first or
second degree; 609.267 to 609.2672, assault of an unborn child in the first, second, or third
degree; 609.268, injury or death of an unborn child in the commission of a crime; 609.27,
coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other prohibited acts, minor
engaged in prostitution; 609.3451, repeat offenses of criminal sexual conduct in the fifth
degree; 609.378, neglect or endangerment of a child; 609.52, theft; 609.521, possession of
shoplifting gear; 609.561 to 609.563, arson in the first, second, or third degree; 609.582,
burglary in the first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63,
forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining signature
by false pretenses; 609.66, dangerous weapon; 609.665, setting a spring gun; 609.67,
unlawfully owning, possessing, or operating a machine gun; 609.687, adulteration; 609.71,
riot; 609.713, terrorist threats; 609.749, harassment, stalking; 260C.301, termination of
parental rights; 152.021 to 152.022 and 152.0262, controlled substance crime in the first
or second degree; 152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2,
clause (4), controlled substance crime in third degree; 152.024, subdivision 1, clause
(2), (3), or (4), controlled substance crime in fourth degree; 617.23, repeat offenses of
indecent exposure; an attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country where the elements are
substantially similar to any of the offenses listed in this paragraph.

(d) Less than ten years have passed since the discharge of the sentence imposed for
the offense and the person has received a gross misdemeanor conviction for one of the
following offenses or the person has admitted to committing or a preponderance of the
evidence indicates that the person has committed an act that meets the definition of a gross
misdemeanor conviction for one of the following offenses: sections 609.224, fifth degree
assault; 609.2242 to 609.2243, domestic assault; 518B.01, subdivision 14, violation of
an order for protection; 609.3451, fifth degree criminal sexual conduct; 609.746, repeat
offenses of interference with privacy; 617.23, repeat offenses of indecent exposure;
617.241, obscene materials and performances; 617.243, indecent literature, distribution;
617.293, disseminating or displaying harmful material to minors; 609.71, riot; 609.66,
dangerous weapons; 609.749, harassment, stalking; 609.224, subdivision 2, paragraph
(c), fifth degree assault against a vulnerable adult by a caregiver; 609.23, mistreatment
of persons confined; 609.231, mistreatment of residents or patients; 609.2325, criminal
abuse of a vulnerable adult; 609.2335, financial exploitation of a vulnerable adult;
609.233, criminal neglect of a vulnerable adult; 609.234, failure to report maltreatment of
a vulnerable adult; 609.72, subdivision 3, disorderly conduct against a vulnerable adult;
609.265, abduction; 609.378, neglect or endangerment of a child; 609.377, malicious
punishment of a child; 609.324, subdivision 1a, other prohibited acts, minor engaged
in prostitution; 609.33, disorderly house; 609.52, theft; 609.582, burglary in the first,
second, third, or fourth degree; 609.631, check forgery, offering a forged check; 609.275,
attempt to coerce; an attempt or conspiracy to commit any of these offenses as defined in
Minnesota Statutes; or an offense in any other state or country where the elements are
substantially similar to any of the offenses listed in this paragraph.

(e) Less than seven years have passed since the discharge of the sentence imposed
for the offense and the person has received a misdemeanor conviction for one of the
following offenses or the person has admitted to committing or a preponderance of
the evidence indicates that the person has committed an act that meets the definition
of a misdemeanor conviction for one of the following offenses: sections 609.224, fifth
degree assault; 609.2242, domestic assault; 518B.01, violation of an order for protection;
609.3232, violation of an order for protection; 609.746, interference with privacy; 609.79,
obscene or harassing telephone calls; 609.795, letter, telegram, or package opening,
harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child, third degree;
617.293, dissemination and display of harmful materials to minors; 609.66, dangerous
weapons; 609.665, spring guns; an attempt or conspiracy to commit any of these offenses
as defined in Minnesota Statutes; or an offense in any other state or country where the
elements are substantially similar to any of the offenses listed in this paragraph.

(f) The person has been identified by the child protection agency in the county where
the provider resides or a county where the provider has resided or by the statewide child
protection database as a person found by a preponderance of evidence under section
626.556 to be responsible for physical or sexual abuse of a child within the last seven years.

(g) The person has been identified by the adult protection agency in the county
where the provider resides or a county where the provider has resided or by the statewide
adult protection database as the person responsible for abuse or neglect of a vulnerable
adult within the last seven years.

(h) The person has refused to give written consent for disclosure of criminal history
records.

(i) The person has been denied a family child care license or has received a fine or a
sanction as a licensed child care provider that has not been reversed on appeal.

(j) The person has a family child care licensing disqualification that has not been
set aside.

(k) The person has admitted or a county has found that there is a preponderance of
evidence that fraudulent information was given to the county for child care assistance
application purposes or was used in submitting child care assistance bills for payment.

(l) The person has been convicted of the crime of theft by wrongfully obtaining
public assistance or has been found guilty of wrongfully obtaining public assistance by a
federal court, state court, or an administrative hearing determination or waiver, through a
disqualification consent agreement, as part of an approved diversion plan under section
401.065, or a court-ordered stay with probationary or other conditions.

(m) The person has a household member age 13 or older who has access to children
during the hours that care is provided and who meets one of the conditions listed in
paragraphs (b) to (l).

(n) The person has a household member ages ten to 12 who has access to children
during the hours that care is provided; information or circumstances exist which provide
the county with articulable suspicion that further pertinent information may exist showing
the household member meets one of the conditions listed in paragraphs (b) to (l); and the
household member actually meets one of the conditions listed in paragraphs (b) to (l).

Sec. 7.

Minnesota Statutes 2007 Supplement, section 119B.13, subdivision 1, is
amended to read:

Subdivision 1.

Subsidy restrictions.

(a) Beginning July 1, 2006, the maximum rate
paid for child care assistance in any county or multicounty region under the child care
fund shall be the rate for like-care arrangements in the county effective January 1, 2006,
increased by six percent.

(b) Rate changes shall be implemented for services provided in September 2006
unless a participant eligibility redetermination or a new provider agreement is completed
between July 1, 2006, and August 31, 2006.

As necessary, appropriate notice of adverse action must be made according to
Minnesota Rules, part 3400.0185, subparts 3 and 4.

New cases approved on or after July 1, 2006, shall have the maximum rates under
paragraph (a), implemented immediately.

(c) Every year, the commissioner shall survey rates charged by child care providers in
Minnesota to determine the 75th percentile for like-care arrangements in counties. When
the commissioner determines that, using the commissioner's established protocol, the
number of providers responding to the survey is too small to determine the 75th percentile
rate for like-care arrangements in a county or multicounty region, the commissioner may
establish the 75th percentile maximum rate based on like-care arrangements in a county,
region, or category that the commissioner deems to be similar.

(d) A rate which includes a special needs rate paid under subdivision 3 or under a
school readiness service agreement paid under section 119B.231, may be in excess of the
maximum rate allowed under this subdivision.

(e) The department shall monitor the effect of this paragraph on provider rates. The
county shall pay the provider's full charges for every child in care up to the maximum
established. The commissioner shall determine the maximum rate for each type of care on
an hourly, full-day, and weekly basis, including special needs and disability care.

(f) When the provider charge is greater than the maximum provider rate allowed,
the parent is responsible for payment of the difference in the rates in addition to any
family co-payment fee.

new text begin (g) All maximum provider rates changes shall be implemented on the Monday
following the effective date of the maximum provider rate.
new text end

Sec. 8.

Minnesota Statutes 2007 Supplement, section 119B.13, subdivision 7, is
amended to read:

Subd. 7.

Absent days.

(a) Child care providers may not be reimbursed for more
than 25 full-day absent days per child, excluding holidays, in a fiscal year, or for more
than ten consecutive full-day absent days, unless the child has a documented medical
condition that causes more frequent absences. Absences due to a documented medical
condition of a parent or sibling who lives in the same residence as the child receiving
child care assistance do not count against the 25-day absent day limit in a fiscal year.
Documentation of medical conditions must be on the forms and submitted according to
the timelines established by the commissioner. A public health nurse or school nurse
may verify the illness in lieu of a medical practitioner. If a provider sends a child home
early due to a medical reason, including, but not limited to, fever or contagious illness,
the child care center director or lead teacher may verify the illness in lieu of a medical
practitioner. If a child attends for part of the time authorized to be in care in a day, but is
absent for part of the time authorized to be in care in that same day, the absent time will be
reimbursed but the time will not count toward the ten consecutive or 25 cumulative absent
day limits. Children in families where at least one parent is under the age of 21, does not
have a high school or general equivalency diploma, and is a student in a school district
or another similar program that provides or arranges for child care, as well as parenting,
social services, career and employment supports, and academic support to achieve high
school graduation, may be exempt from the absent day limits upon request of the program
and approval of the county. If a child attends part of an authorized day, payment to the
provider must be for the full amount of care authorized for that day. Child care providers
may only be reimbursed for absent days if the provider has a written policy for child
absences and charges all other families in care for similar absences.

(b) Child care providers must be reimbursed for up to ten federal or state holidays
or designated holidays per year when the provider charges all families for these days
and the holiday or designated holiday falls on a day when the child is authorized to be
in attendance. Parents may substitute other cultural or religious holidays for the ten
recognized state and federal holidays. Holidays do not count toward the ten consecutive or
25 cumulative absent day limits.

(c) A family or child care provider may not be assessed an overpayment for an
absent day payment unless (1) there was an error in the amount of care authorized for the
family, (2) all of the allowed full-day absent payments for the child have been paid, or (3)
the family or provider did not timely report a change as required under law.

(d) The provider and family must receive notification of the number of absent days
used upon initial provider authorization for a family and when the family has used 15
cumulative absent days. Upon statewide implementation of the Minnesota Electronic
Child Care System, the provider and family new text begin shall receive notification of the number of
absent days used upon initial provider new text end authorization for a family and ongoing notification
of the number of absent days used as of the date of the notification.

(e) A county may pay for more absent days than the statewide absent day policy
established under this subdivision if current market practice in the county justifies payment
for those additional days. County policies for payment of absent days in excess of the
statewide absent day policy and justification for these county policies must be included in
the county's child care fund plan under section 119B.08, subdivision 3.

Sec. 9.

Minnesota Statutes 2007 Supplement, section 119B.21, subdivision 5, is
amended to read:

Subd. 5.

Child care services grants.

(a) A child care resource and referral program
designated under section 119B.19, subdivision 1a, may award child care services grants
for:

(1) creating new licensed child care facilities and expanding existing facilities,
including, but not limited to, supplies, equipment, facility renovation, and remodeling;

(2) improving licensed child care facility programs;

(3) staff training and development services including, but not limited to, in-service
training, curriculum development, accreditation, certification, consulting, resource
centers, program and resource materials, supporting effective teacher-child interactions,
child-focused teaching, and content-driven classroom instruction;

(4) interim financing;

(5) capacity building through the purchase of appropriate technology to create,
enhance, and maintain business management systems;

(6) emergency assistance for child care programs;

(7) new programs or projects for the creation, expansion, or improvement of
programs that serve ethnic immigrant and refugee communities; and

(8) targeted recruitment initiatives to expand and build the capacity of the child
care system and to improve the quality of care provided by legal nonlicensed child care
providers.

(b) A child care resource and referral program designated under section 119B.19,
subdivision 1a, may award child care services grants to:

(1) licensed providers;

(2) providers in the process of being licensed;

(3) corporations or public agencies that develop or provide child care services;

(4) school-age care programs;

new text begin (5) legal nonlicensed or family, friend, and neighbor care providers; new text end or

deleted text begin (5) deleted text end new text begin (6) new text end any combination of clauses (1) to deleted text begin (4) deleted text end new text begin (5) new text end .

deleted text begin Unlicensed providers are only eligible for grants under paragraph (a), clause (7).
deleted text end

(c) A recipient of a child care services grant for facility improvements, interim
financing, or staff training and development must provide a 25 percent local match.

Sec. 10.

Minnesota Statutes 2006, section 119B.21, subdivision 10, is amended to read:

Subd. 10.

Family child care technical assistance grants.

(a) A child care resource
and referral organization designated under section 119B.19, subdivision 1a, may award
technical assistance grants of up to $1,000. These grants may be used for:

(1) facility improvements, including, but not limited to, improvements to meet
licensing requirements;

(2) improvements to expand a child care facility or program;

(3) toys and equipment;

(4) technology and software to create, enhance, and maintain business management
systems;

(5) start-up costs;

(6) staff training and development; and

(7) other uses approved by the commissioner.

(b) A child care resource and referral program may award family child care technical
assistance grants to:

(1) licensed family child care providers; deleted text begin or
deleted text end

(2) child care providers in the process of becoming licensed deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) legal nonlicensed or family, friend, and neighbor care providers.
new text end

(c) A local match is not required for a family child care technical assistance grant.

Sec. 11.

Minnesota Statutes 2006, section 256E.30, subdivision 1, is amended to read:

Subdivision 1.

Authorization.

The commissioner of deleted text begin education deleted text end new text begin human services new text end may
provide financial assistance for community action agencies, Indian reservations, and
migrant and seasonal farmworker organizations to carry out community action programs
as described in section 256E.32 in accordance with the Omnibus Reconciliation Act of
1981, Public Law 97-35, as amended in 1984, Public Law 98-558, state law, and federal
law and regulation.

Sec. 12.

Minnesota Statutes 2006, section 256E.35, subdivision 7, is amended to read:

Subd. 7.

Program reporting.

The fiscal agent on behalf of each fiduciary
organization participating in a family assets for independence initiative must report
quarterly to the commissioner of human services deleted text begin and to the commissioner of education deleted text end
identifying the participants with accounts, the number of accounts, the amount of savings
and matches for each participant's account, the uses of the account, and the number of
businesses, homes, and educational services paid for with money from the account, as
well as other information that may be required for the commissioner to administer the
program and meet federal TANF reporting requirements.

Sec. 13. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota Statutes, section 119A.45,
as Minnesota Statutes, section 256E.37.
new text end

new text begin (b) The revisor of statutes shall make such cross-reference changes as are necessary
from the renumbering in this section wherever the reference appears in statute.
new text end

ARTICLE 4

MFIP TECHNICAL CHANGES

Section 1.

Minnesota Statutes 2007 Supplement, section 256J.20, subdivision 3,
is amended to read:

Subd. 3.

Other property limitations.

To be eligible for MFIP, the equity value of
all nonexcluded real and personal property of the assistance unit must not exceed $2,000
for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to
(19) must be excluded when determining the equity value of real and personal property:

(1) a licensed vehicle up to a loan value of less than or equal to $15,000. If the
assistance unit owns more than one licensed vehicle, new text begin the county agency shall new text end determine the
loan value of all additional vehicles and exclude the combined loan value of less than or
equal to $7,500. The county agency shall apply any excess loan value as if it were equity
value to the asset limit described in this section, excluding: (i) the value of one vehicle
per physically disabled person when the vehicle is needed to transport the disabled unit
member; this exclusion does not apply to mentally disabled people; (ii) the value of special
equipment for a disabled member of the assistance unit; and (iii) any vehicle used for
long-distance travel, other than daily commuting, for the employment of a unit member.

To establish the loan value of vehicles, a county agency must use the N.A.D.A.
Official Used Car Guide, Midwest Edition, for newer model cars. When a vehicle is not
listed in the guidebook, or when the applicant or participant disputes the loan value listed
in the guidebook as unreasonable given the condition of the particular vehicle, the county
agency may require the applicant or participant document the loan value by securing a
written statement from a motor vehicle dealer licensed under section 168.27, stating
the amount that the dealer would pay to purchase the vehicle. The county agency shall
reimburse the applicant or participant for the cost of a written statement that documents
a lower loan value;

(2) the value of life insurance policies for members of the assistance unit;

(3) one burial plot per member of an assistance unit;

(4) the value of personal property needed to produce earned income, including
tools, implements, farm animals, inventory, business loans, business checking and
savings accounts used at least annually and used exclusively for the operation of a
self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use
is to produce income and if the vehicles are essential for the self-employment business;

(5) the value of personal property not otherwise specified which is commonly
used by household members in day-to-day living such as clothing, necessary household
furniture, equipment, and other basic maintenance items essential for daily living;

(6) the value of real and personal property owned by a recipient of Supplemental
Security Income or Minnesota supplemental aid;

(7) the value of corrective payments, but only for the month in which the payment
is received and for the following month;

(8) a mobile home or other vehicle used by an applicant or participant as the
applicant's or participant's home;

(9) money in a separate escrow account that is needed to pay real estate taxes or
insurance and that is used for this purpose;

(10) money held in escrow to cover employee FICA, employee tax withholding,
sales tax withholding, employee worker compensation, business insurance, property rental,
property taxes, and other costs that are paid at least annually, but less often than monthly;

(11) monthly assistance payments for the current month's or short-term emergency
needs under section 256J.626, subdivision 2;

(12) the value of school loans, grants, or scholarships for the period they are
intended to cover;

(13) payments listed in section 256J.21, subdivision 2, clause (9), which are held
in escrow for a period not to exceed three months to replace or repair personal or real
property;

(14) income received in a budget month through the end of the payment month;

(15) savings from earned income of a minor child or a minor parent that are set aside
in a separate account designated specifically for future education or employment costs;

(16) the federal earned income credit, Minnesota working family credit, state and
federal income tax refunds, state homeowners and renters credits under chapter 290A,
property tax rebates and other federal or state tax rebates in the month received and the
following month;

(17) payments excluded under federal law as long as those payments are held in a
separate account from any nonexcluded funds;

(18) the assets of children ineligible to receive MFIP benefits because foster care or
adoption assistance payments are made on their behalf; and

(19) the assets of persons whose income is excluded under section 256J.21,
subdivision 2, clause (43).

Sec. 2.

Minnesota Statutes 2006, section 256J.24, subdivision 5, is amended to read:

Subd. 5.

MFIP transitional standard.

The MFIP transitional standard is based
on the number of persons in the assistance unit eligible for both food and cash assistance
unless the restrictions in subdivision 6 on the birth of a child apply. The following table
represents the transitional standards effective October 1, deleted text begin 2004 deleted text end new text begin 2007 new text end .

Number of Eligible People

Transitional Standard

Cash Portion

Food Portion

1	deleted text begin $379 deleted text end new text begin $391 new text end :	$250	deleted text begin $129 deleted text end new text begin $141 new text end
2	deleted text begin $675 deleted text end new text begin $698 new text end :	$437	deleted text begin $238 deleted text end new text begin $261 new text end
3	deleted text begin $876 deleted text end new text begin $910 new text end :	$532	deleted text begin $344 deleted text end new text begin $378 new text end
4	deleted text begin $1,036 deleted text end new text begin $1,091 new text end :	$621	deleted text begin $415 deleted text end new text begin $470 new text end
5	deleted text begin $1,180 deleted text end new text begin $1,245 new text end :	$697	deleted text begin $483 deleted text end new text begin $548 new text end
6	deleted text begin $1,350 deleted text end new text begin $1,425 new text end :	$773	deleted text begin $577 deleted text end new text begin $652 new text end
7	deleted text begin $1,472 deleted text end new text begin $1,553 new text end :	$850	deleted text begin $622 deleted text end new text begin $703 new text end
8	deleted text begin $1,623 deleted text end new text begin $1,713 new text end :	$916	deleted text begin $707 deleted text end new text begin $797 new text end
9	deleted text begin $1,772 deleted text end new text begin $1,871 new text end :	$980	deleted text begin $792 deleted text end new text begin $891 new text end
10	deleted text begin $1,915 deleted text end new text begin $2,024 new text end :	$1,035	deleted text begin $880 deleted text end new text begin $989 new text end
over 10	add deleted text begin $142 deleted text end new text begin $151 new text end :	$53	deleted text begin $89 deleted text end new text begin $98 new text end
per additional member.

The commissioner shall annually publish in the State Register the transitional
standard for an assistance unit sizes 1 to 10 including a breakdown of the cash and food
portions.

Sec. 3.

Minnesota Statutes 2006, section 256J.521, subdivision 4, is amended to read:

Subd. 4.

Self-employment.

(a) Self-employment activities may be included in an
employment plan contingent on the development of a business plan which establishes a
timetable and earning goals that will result in the participant exiting MFIP assistance.
Business plans must be developed with assistance from an individual or organization with
expertise in small business as approved by the job counselor.

(b) Participants with an approved plan that includes self-employment must meet
the participation requirements in section 256J.55, subdivision 1. Only hours where
the participant earns at least minimum wage shall be counted toward the requirement.
Additional activities and hours necessary to meet the participation requirements in section
256J.55, subdivision 1, must be included in the employment plan.

(c) Employment plans which include self-employment activities must be reviewed
every three months. Participants who fail, without good cause, to make satisfactory
progress as established in the business plan must revise the employment plan to replace
the self-employment with other approved work activities.

deleted text begin (d) The requirements of this subdivision may be waived for participants who are
enrolled in the self-employment investment demonstration program (SEID) under section
256J.65, and who make satisfactory progress as determined by the job counselor and
the SEID provider. deleted text end

Sec. 4.

Minnesota Statutes 2006, section 256J.54, subdivision 2, is amended to read:

Subd. 2.

Responsibility for assessment and employment plan.

For caregivers
who are under age 18 without a high school diploma or its equivalent, the assessment
under subdivision 1 and the employment plan under subdivision 3 must be completed
by the social services agency under section 257.33. For caregivers who are age 18 or
19 without a high school diploma or its equivalent who choose to have an employment
plan with an education option under subdivision 3, the assessment under subdivision 1
and the employment plan under subdivision 3 must be completed by the job counselor
or, at county option, by the social services agency under section 257.33. Upon reaching
age 18 or 19 a caregiver who received social services under section 257.33 and is without
a high school diploma or its equivalent has the option to choose whether to continue
receiving services under the caregiver's plan from the social services agency or to utilize
an MFIP employment and training service provider. The social services agency or the job
counselor shall consult with deleted text begin representatives of educational agencies that are required to
assist in developing educational plans under section 124D.331 deleted text end new text begin the participant's school in
developing the educational plan new text end .

Sec. 5.

Minnesota Statutes 2006, section 256J.54, subdivision 5, is amended to read:

Subd. 5.

School attendance required.

(a) deleted text begin Notwithstanding the provisions of
section 256J.56, deleted text end Minor parents, or 18- or 19-year-old parents without a high school
diploma or its equivalent who chooses an employment plan with an education option
must attend school unless:

(1) transportation services needed to enable the caregiver to attend school are not
available;

(2) appropriate child care services needed to enable the caregiver to attend school
are not available;

(3) the caregiver is ill or incapacitated seriously enough to prevent attendance at
school; or

(4) the caregiver is needed in the home because of the illness or incapacity of
another member of the household. This includes a caregiver of a child who is younger
than six weeks of age.

(b) The caregiver must be enrolled in a secondary school and meeting the school's
attendance requirements. The county, social service agency, or job counselor must verify
at least once per quarter that the caregiver is meeting the school's attendance requirements.
An enrolled caregiver is considered to be meeting the attendance requirements when the
school is not in regular session, including during holiday and summer breaks.

Sec. 6.

Minnesota Statutes 2006, section 256J.545, is amended to read:

256J.545 FAMILY VIOLENCE WAIVER CRITERIA.

(a) In order to qualify for a family violence waiver, an individual must provide
documentation of past or current family violence which may prevent the individual
from participating in certain employment activities. deleted text begin A claim of family violence must
be documented by the applicant or participant providing a sworn statement which is
supported by collateral documentation.
deleted text end

(b) deleted text begin Collateral documentation may consist of deleted text end new text begin The following items may be considered
acceptable documentation or verification of family violence new text end :

(1) police, government agency, or court records;

(2) a statement from a battered women's shelter staff with knowledge of the
circumstances or credible evidence that supports the sworn statement;

(3) a statement from a sexual assault or domestic violence advocate with knowledge
of the circumstances or credible evidence that supports the sworn statement; new text begin or
new text end

(4) a statement from professionals from whom the applicant or recipient has sought
assistance for the abuse deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (5) a sworn statement from any other individual with knowledge of circumstances or
credible evidence that supports the sworn statement.
deleted text end

new text begin (c) A claim of family violence may also be documented by a sworn statement from
the applicant or participant and a sworn statement from any other person with knowledge
of the circumstances or credible evidence that supports the client's statement.
new text end

Sec. 7.

Minnesota Statutes 2007 Supplement, section 256J.95, subdivision 3, is
amended to read:

Subd. 3.

Eligibility for diversionary work program.

(a) Except for the categories
of family units listed below, all family units who apply for cash benefits and who
meet MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must
participate in the diversionary work program. Family units that are not eligible for the
diversionary work program include:

(1) child only cases;

(2) a single-parent family unit that includes a child under 12 weeks of age. A parent
is eligible for this exception once in a parent's lifetime and is not eligible if the parent
has already used the previously allowed child under age one exemption from MFIP
employment services;

(3) a minor parent without a high school diploma or its equivalent;

(4) an 18- or 19-year-old caregiver without a high school diploma or its equivalent
who chooses to have an employment plan with an education option;

(5) a caregiver age 60 or over;

(6) family units with a caregiver who received DWP benefits in the 12 months prior
to the month the family applied for DWP, except as provided in paragraph (c);

(7) family units with a caregiver who received MFIP within the 12 months prior to
the month the family unit applied for DWP;

(8) a family unit with a caregiver who received 60 or more months of TANF
assistance;

(9) a family unit with a caregiver who is disqualified from DWP or MFIP due to
fraud; and

(10) refugees new text begin and asylees new text end as defined in Code of Federal Regulations, title 45, deleted text begin chapter
IV deleted text end new text begin part 400, subpart d new text end , section deleted text begin 444.43 deleted text end new text begin 400.43 new text end , who arrived in the United States in the 12
months prior to the date of application for family cash assistance.

(b) A two-parent family must participate in DWP unless both caregivers meet the
criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit
includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), deleted text begin or deleted text end (9) new text begin , or (10) new text end .

(c) Once DWP eligibility is determined, the four months run consecutively. If a
participant leaves the program for any reason and reapplies during the four-month period,
the county must redetermine eligibility for DWP.

ARTICLE 5

MISCELLANEOUS TECHNICAL

Section 1.

Minnesota Statutes 2007 Supplement, section 245C.08, subdivision 2, is
amended to read:

Subd. 2.

Background studies conducted by a county agency.

(a) For a background
study conducted by a county agency for adult foster care, family adult day services, and
family child care services, the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider
information obtained under paragraph (a), deleted text begin clauses deleted text end new text begin clause new text end (3) deleted text begin and (4) deleted text end , unless the
commissioner received notice of the petition for expungement and the court order for
expungement is directed specifically to the commissioner.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 256E.35, subdivision 2, is
amended to read:

Subd. 2.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Family asset account" means a savings account opened by a household
participating in the Minnesota family assets for independence initiative.

(c) "Fiduciary organization" means:

(1) a community action agency that has obtained recognition under section 256E.31;

(2) a federal community development credit union serving the seven-county
metropolitan area; or

(3) a women-oriented economic development agency serving the seven-county
metropolitan area.

(d) "Financial institution" means a bank, bank and trust, savings bank, savings
association, or credit union, the deposits of which are insured by the Federal Deposit
Insurance Corporation or the National Credit Union Administration.

(e) "Permissible use" means:

(1) postsecondary educational expenses at an deleted text begin accredited public postsecondary deleted text end
new text begin eligible educational new text end institution new text begin as defined in paragraph (g), new text end including books, supplies, and
equipment required for courses of instruction;

(2) acquisition costs of acquiring, constructing, or reconstructing a residence,
including any usual or reasonable settlement, financing, or other closing costs;

(3) business capitalization expenses for expenditures on capital, plant, equipment,
working capital, and inventory expenses of a legitimate business pursuant to a business
plan approved by the fiduciary organization; and

(4) acquisition costs of a principal residence within the meaning of section 1034 of
the Internal Revenue Code of 1986 which do not exceed 100 percent of the average area
purchase price applicable to the residence determined according to section 143(e)(2) and
(3) of the Internal Revenue Code of 1986.

(f) "Household" means all individuals who share use of a dwelling unit as primary
quarters for living and eating separate from other individuals.

new text begin (g) "Eligible educational institution" means the following:
new text end

new text begin (1) an institution of higher education described in section 101 or 102 of the Higher
Education Act of 1965; or
new text end

new text begin (2) an area vocational education school, as defined in subparagraph (C) or (D) of
United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational
and Applied Technology Education Act), which is located within any state, as defined in
United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only
to the extent section 2302 is in effect on the effective date of this section.
new text end

Sec. 3.

Laws 2007, chapter 147, article 2, section 21, the effective date, is amended to
read:

EFFECTIVE DATE.

Subdivision 1 is effective February 1, 2008, and subdivision
2 is effective deleted text begin May 1, 2008 deleted text end new text begin March 1, 2009 new text end .

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 256K.25, new text end new text begin is repealed.
new text end

ARTICLE 6

CHILD WELFARE

Section 1.

Minnesota Statutes 2006, section 259.20, subdivision 1, is amended to read:

Subdivision 1.

Policy and purpose.

The policy of the state of Minnesota and the
purpose of sections 259.20 to 259.69 is to ensure:

(1) that the best interests of deleted text begin children deleted text end new text begin adopted persons new text end are met in the planning and
granting of adoptions; and

(2) that laws and practices governing adoption recognize the diversity of Minnesota's
population and the diverse needs of persons affected by adoption.

Sec. 2.

Minnesota Statutes 2006, section 259.21, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Adult adoption. new text end

new text begin "Adult adoption" means the adoption of a person
at least 18 years of age.
new text end

Sec. 3.

Minnesota Statutes 2006, section 259.22, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Children deleted text end new text begin Persons new text end who may be adopted.

No petition for adoption shall be
filed unless the deleted text begin child deleted text end new text begin person new text end sought to be adopted has been placed by the commissioner
of human services, the commissioner's agent, or a licensed child-placing agency. The
provisions of this subdivision shall not apply if

(a) the deleted text begin child deleted text end new text begin person to be adopted new text end is over 14 years of age;

(b) the child is sought to be adopted by an individual who is related to the child, as
defined by section 245A.02, subdivision 13;

(c) the child has been lawfully placed under the laws of another state while the child
and petitioner resided in that other state;

(d) the court waives the requirement of this subdivision in the best interests of the
child or petitioners, provided that the adoption does not involve a placement as defined in
section 259.21, subdivision 8; or

(e) the child has been lawfully placed under section 259.47.

Sec. 4.

Minnesota Statutes 2006, section 259.23, subdivision 2, is amended to read:

Subd. 2.

Contents of petition.

The petition shall be signed by the petitioner and, if
married, by the spouse. It shall be verified, and filed in duplicate. The petition shall allege:

(a) The full name, age and place of residence of petitioner, and if married, the date
and place of marriage;

(b) The date petitioner acquired physical custody of the child and from what person
or agency;

(c) The date of birth of the deleted text begin child deleted text end new text begin person to be adopted new text end , if known, and the state and
county where born;

(d) The name of the child's parents, if known, and the guardian if there be one;

(e) The actual name of the deleted text begin child deleted text end new text begin person to be adopted new text end , if known, and any known
aliases;

(f) The name to be given the deleted text begin child deleted text end new text begin person to be adopted new text end if a change of name is
desired;

(g) The description and value of any real or personal property owned by the deleted text begin child deleted text end new text begin
person to be adopted new text end ;

(h) That the petitioner desires that the relationship of parent and child be established
between petitioner and deleted text begin the child, and that it is to the deleted text end new text begin the person to be adopted and that
adoption is in the new text end best interests of the deleted text begin child for the child deleted text end new text begin person new text end to be adopted by the
petitioner.

In agency placements, the information required in clauses (d) and (e) shall not
be required to be alleged in the petition but shall be transmitted to the court by the
commissioner of human services or the agency.

Sec. 5.

new text begin [259.241] ADULT ADOPTION.
new text end

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

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

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

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

Sec. 6.

Minnesota Statutes 2007 Supplement, section 259.41, subdivision 1, is
amended to read:

Subdivision 1.

Study required before placement; certain relatives excepted.

(a)
An approved adoption study; completed background study, as required under section
245C.33; and written report must be completed before the child is placed in a prospective
adoptive home under this chapter, except as allowed by section 259.47, subdivision 6.
In an agency placement, the report must be filed with the court at the time the adoption
petition is filed. In a direct adoptive placement, the report must be filed with the court in
support of a motion for temporary preadoptive custody under section 259.47, subdivision
3, or, if the study and report are complete, in support of an emergency order under section
259.47, subdivision 6. The study and report shall be completed by a licensed child-placing
agency and must be thorough and comprehensive. The study and report shall be paid for
by the prospective adoptive parent, except as otherwise required under section new text begin 256.01,
subdivision 2, paragraph (h), new text end 259.67 new text begin , new text end or 259.73.

(b) A placement for adoption with an individual who is related to the child, as
defined by section 245A.02, subdivision 13, is deleted text begin not deleted text end subject to deleted text begin this section except as deleted text end new text begin a
background study new text end required deleted text begin by sections deleted text end deleted text begin and deleted text end deleted text begin 259.53, subdivision 2 deleted text end deleted text begin , paragraph (c) deleted text end new text begin
by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the
case of a stepparent adoption, a background study must be completed on the stepparent
and any children as required under subdivision 3, paragraph (b), except that a child of
the stepparent does not need to have a background study complete if they are a sibling
through birth or adoption of the person being adopted. The local social services agency
of the county in which the prospective adoptive parent lives must initiate a background
study unless a child-placing agency has been involved with the adoption. The local social
service agency may charge a reasonable fee for the background study. If a placement is
being made the background study must be completed prior to placement pursuant to
section 259.29, subdivision 1, paragraph (c). Background study results must be filed with
the adoption petition according to section 259.22, except in an adult adoption where an
adoption study and background study are not needed new text end .

(c) In the case of a licensed foster parent seeking to adopt a child who is in the foster
parent's care, any portions of the foster care licensing process that duplicate requirements
of the home study may be submitted in satisfaction of the relevant requirements of this
section.

Sec. 7.

Minnesota Statutes 2006, section 259.43, is amended to read:

259.43 BIRTH PARENT HISTORY; COMMISSIONER'S FORM.

In any adoption under this chapter, except a stepparent new text begin or an adult new text end adoption new text begin under
section 259.241 new text end , a birth parent or an agency new text begin , if an agency placement, new text end shall provide a
prospective adoptive parent with a new text begin complete, thorough, new text end detailed new text begin , and current new text end social and
medical history of the deleted text begin birth families deleted text end new text begin child being adopted new text end , if new text begin information is new text end known after
reasonable inquiry. Each deleted text begin birth family deleted text end new text begin child's social and medical new text end history must be provided
on a form new text begin or forms new text end prepared by the commissioner new text begin and must include background and health
history specific to the child, the child's birth parents, and the child's other birth relatives.
Applicable background and health information about the child includes: the child's current
health condition, behavior, and demeanor; placement history; education history; sibling
information; and birth, medical, dental, and immunization information. Redacted copies of
pertinent records, assessments, and evaluations shall be attached to the child's social and
medical history. Applicable background information about the child's birth parents and
other birth relatives includes: general background information; education and employment
history; physical health and mental health history; and reasons for the child's placement.
The child's social and medical history shall be completed new text end in a manner deleted text begin so deleted text end that deleted text begin the completed
form deleted text end protects the identities of all individuals described in it. The commissioner shall make
the form available to agencies and court administrators for public distribution. The deleted text begin birth
family deleted text end new text begin child's social and medical new text end history must be new text begin provided to the prospective adoptive
family prior to adoptive placement, provided to the Department of Human Services
with application for adoption assistance, if applicable, and new text end filed with the court when the
adoption petition is filed deleted text begin , or, deleted text end new text begin . new text end In a direct adoptive placement, new text begin the child's social and medical
history must be filed with the court new text end with the motion for temporary preadoptive custody.

Sec. 8.

Minnesota Statutes 2006, section 259.52, subdivision 2, is amended to read:

Subd. 2.

Requirement to search registry before adoption petition can be
granted; proof of search.

No petition for adoption may be granted unless the agency
supervising the adoptive placement, the birth mother of the child, or, in the case of a
stepparent or relative adoption, the county agency responsible for the report required
under section 259.53, subdivision 1, requests that the commissioner of health search the
registry to determine whether a putative father is registered in relation to a child who is
or may be the subject of an adoption petition. The search required by this subdivision
must be conducted no sooner than 31 days following the birth of the child. A search
of the registry may be proven by the production of a certified copy of the registration
form or by a certified statement of the commissioner of health that after a search no
registration of a putative father in relation to a child who is or may be the subject of
an adoption petition could be located. new text begin The filing of a certified copy of an order from a
juvenile protection matter under chapter 260C containing a finding that certification of the
requisite search of the Minnesota Fathers' Adoption Registry was filed with the court in
that matter shall also constitute proof of search. new text end Certification that the fathers' adoption
registry has been searched must be filed with the court prior to entry of any final order of
adoption. In addition to the search required by this subdivision, the agency supervising
the adoptive placement, the birth mother of the child, or, in the case of a stepparent or
relative adoption, the deleted text begin county deleted text end new text begin social services new text end agency responsible for the report under
section 259.53, subdivision 1, new text begin or the responsible social services agency that is a petitioner
in a juvenile protection matter under chapter 260C new text end may request that the commissioner
of health search the registry at any time.

Sec. 9.

Minnesota Statutes 2006, section 259.53, subdivision 3, is amended to read:

Subd. 3.

Reports and records.

(a) The contents of all reports and records of the
commissioner of human services, local social services agency, or child-placing agency
bearing on the suitability of the proposed adoptive home and the child to each other shall
not be disclosed either directly or indirectly to any person other than the commissioner of
human services new text begin , the child's guardian ad litem appointed under: (1) section 260C.163 when
the guardian's appointment continues under section 260C.317, subdivision 3, paragraph
(b); or (2) section 259.65, new text end or a judge of the court having jurisdiction of the matter, except
as provided in paragraph (b).

(b) A judge of the court having jurisdiction of the matter shall upon request disclose
to a party to the proceedings or the party's counsel any portion of a report or record that
relates only to the suitability of the proposed adoptive parents. In this disclosure, the judge
may withhold the identity of individuals providing information in the report or record.
When the judge is considering whether to disclose the identity of individuals providing
information, the agency with custody of the report or record shall be permitted to present
reasons for or against disclosure.

Sec. 10.

Minnesota Statutes 2007 Supplement, section 259.57, subdivision 1, is
amended to read:

Subdivision 1.

Findings; orders.

Upon the hearing,

(a) if the court finds that it is in the best interests of the deleted text begin child deleted text end new text begin person to be adopted
new text end that the petition be granted, a decree of adoption shall be made and recorded in the office
of the court administrator, ordering that henceforth the deleted text begin child deleted text end new text begin person to be adopted new text end shall
be the child of the petitioner. In the decree the court may change the name of the deleted text begin child deleted text end
new text begin adopted person new text end if desired. After the decree is granted for deleted text begin a child deleted text end new text begin an adopted person new text end who is:

(1) under the guardianship of the commissioner or a licensed child-placing agency
according to section 260C.201, subdivision 11, or 260C.317;

(2) placed by the commissioner, commissioner's agent, or licensed child-placing
agency after a consent to adopt according to section 259.24 or under an agreement
conferring authority to place for adoption according to section 259.25; or

(3) adopted after a direct adoptive placement ordered by the district court under
section 259.47,

the court administrator shall immediately mail a copy of the recorded decree to the
commissioner of human services;

(b) if the court is not satisfied that the proposed adoption is in the best interests of
the deleted text begin child deleted text end new text begin person to be adopted new text end , the court shall deny the petition, and new text begin in the case of a child
new text end shall order the child returned to the custody of the person or agency legally vested with
permanent custody or certify the case for appropriate action and disposition to the court
having jurisdiction to determine the custody and guardianship of the child.

Sec. 11.

Minnesota Statutes 2006, section 259.59, subdivision 1, is amended to read:

Subdivision 1.

Legal effect.

Upon adoption, the deleted text begin child deleted text end new text begin adopted person new text end shall become
the legal child of the adopting persons and they shall become the legal parents of the child
with all the rights and duties between them of birth parents and legitimate child. By virtue
of the adoption the deleted text begin child deleted text end new text begin adopted person new text end shall inherit from the adoptive parents or their
relatives the same as though the deleted text begin child deleted text end new text begin adopted person new text end were the natural child of the parents,
and in case of the deleted text begin child's deleted text end new text begin adopted person's new text end death intestate the adoptive parents and their
relatives shall inherit the deleted text begin child's deleted text end new text begin adopted person's new text end estate as if deleted text begin they deleted text end new text begin the adopted person new text end had
been the child's birth parents and relatives. After a decree of adoption is entered the birth
parents of an adopted deleted text begin child deleted text end new text begin person new text end shall be relieved of all parental responsibilities for the
deleted text begin child deleted text end new text begin adopted person new text end , and they shall not exercise or have any rights over the adopted
deleted text begin child deleted text end new text begin person new text end or the deleted text begin child's deleted text end new text begin adopted person's new text end property. The deleted text begin child deleted text end new text begin adopted person new text end shall not
owe the birth parents or their relatives any legal duty nor shall the deleted text begin child deleted text end new text begin adopted person
new text end inherit from the birth parents or kindred, except as provided in subdivision 1a and section
257C.08, subdivision 6.

Sec. 12.

Minnesota Statutes 2006, section 259.59, subdivision 2, is amended to read:

Subd. 2.

Enrollment in American Indian tribe.

Notwithstanding the provisions of
subdivision 1, the adoption of a deleted text begin child deleted text end new text begin person new text end whose birth parent or parents are enrolled in
an American Indian tribe shall not change the deleted text begin child's deleted text end new text begin person's new text end enrollment in that tribe.

Sec. 13.

Minnesota Statutes 2006, section 259.67, subdivision 2, is amended to read:

Subd. 2.

Adoption assistance agreement.

The placing agency shall certify a child
as eligible for adoption assistance according to rules promulgated by the commissioner.
The placing agency shall not certify a child who remains under the jurisdiction of the
sending agency pursuant to section 260.851, article 5, for state-funded adoption assistance
when Minnesota is the receiving state. Not later than 30 days after a parent or parents are
found and approved for adoptive placement of a child certified as eligible for adoption
assistance, and before the final decree of adoption is issued, a written agreement must be
entered into by the commissioner, the adoptive parent or parents, and the placing agency.
The written agreement must be fully completed by the placing agency and in the form
prescribed by the commissioner and must set forth the responsibilities of all parties, the
anticipated duration of the adoption assistance payments, and the payment terms. The
adoption assistance agreement shall be subject to the commissioner's approval, which
must be granted or denied not later than 15 days after the agreement is entered.

The amount of adoption assistance is subject to the availability of state and federal
funds and shall be determined through agreement with the adoptive parents. The
agreement shall take into consideration the circumstances of the adopting parent or
parents, the needs of the child being adopted and may provide ongoing monthly assistance,
supplemental maintenance expenses related to the deleted text begin adopted person's deleted text end new text begin child's new text end special needs,
nonmedical expenses periodically necessary for purchase of services, items, or equipment
related to the special needs, and medical expenses. The placing agency or the adoptive
parent or parents shall provide written documentation to support the need for adoption
assistance payments. The commissioner may require periodic reevaluation of adoption
assistance payments. The amount of ongoing monthly adoption assistance granted may
in no case exceed that which would be allowable for the child under foster family care
and is subject to the availability of state and federal funds.

Sec. 14.

Minnesota Statutes 2006, section 259.67, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Annual affidavit deleted text end new text begin Modification or termination of the adoption assistance
agreement new text end .

deleted text begin When adoption assistance agreements are for more than one year, the adoptive
parents or guardian or conservator shall annually present an affidavit stating whether the
adopted person remains under their care and whether the need for adoption assistance
continues to exist. The commissioner may verify the affidavit. deleted text end The adoption assistance
agreement shall continue in accordance with its terms as long as the need for adoption
assistance continues and the adopted deleted text begin person deleted text end new text begin child new text end is the legal or financial dependent of the
adoptive parent or parents or guardian or conservator and is under 18 years of age. The
adoption assistance agreement may be extended to age 22 as allowed by rules adopted
by the commissioner. Termination or modification of the adoption assistance agreement
may be requested by the adoptive parents or subsequent guardian or conservator at any
time. When the commissioner determines that a child is eligible for adoption assistance
under Title IV-E of the Social Security Act, United States Code, title 42, sections 670 to
679a, the commissioner shall modify the adoption assistance agreement in order to obtain
the funds under that act.

Sec. 15.

Minnesota Statutes 2006, section 259.67, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Recovery of overpayments. new text end

new text begin An amount of adoption assistance paid to
an adoptive parent in excess of the payment due is recoverable by the commissioner,
even when the overpayment was caused by agency error or circumstances outside the
responsibility and control of the family or provider. Adoption assistance amounts covered
by this subdivision include basic maintenance needs payments, monthly supplemental
maintenance needs payments, reimbursement of nonrecurring adoption expenses,
reimbursement of special nonmedical costs, and reimbursement of medical costs.
new text end

Sec. 16.

Minnesota Statutes 2007 Supplement, section 259.67, subdivision 4, is
amended to read:

Subd. 4.

Eligibility conditions.

(a) The placing agency shall use the AFDC
requirements as specified in federal law as of July 16, 1996, when determining the child's
eligibility for adoption assistance under title IV-E of the Social Security Act. If the child
does not qualify, the placing agency shall certify a child as eligible for state funded
adoption assistance only if the following criteria are met:

(1) Due to the child's characteristics or circumstances it would be difficult to provide
the child an adoptive home without adoption assistance.

(2)(i) A placement agency has made reasonable efforts to place the child for adoption
without adoption assistance, but has been unsuccessful; deleted text begin or
deleted text end

(ii) the child's licensed foster parents desire to adopt the child and it is determined by
the placing agency that the adoption is in the best interest of the child new text begin ; or
new text end

new text begin (iii) the child's relative, as defined in section 260C.007, subdivision 27, desires to
adopt the child, and it is determined by the placing agency that the adoption is in the
best interest of the child new text end .

(3)(i) The child deleted text begin has been deleted text end new text begin is new text end a ward of the commissioner deleted text begin , a Minnesota-licensed
child-placing agency, deleted text end or a tribal social service agency of Minnesota recognized by the
Secretary of the Interior; or (ii) the child will be adopted according to tribal law without a
termination of parental rights or relinquishment, provided that the tribe has documented
the valid reason why the child cannot or should not be returned to the home of the child's
parent. The placing agency shall not certify a child who remains under the jurisdiction
of the sending agency pursuant to section 260.851, article 5, for state-funded adoption
assistance when Minnesota is the receiving state. new text begin A child who is adopted by the child's
legal custodian or guardian shall not be eligible for state-funded adoption assistance.
new text end

(b) deleted text begin For purposes of this subdivision, deleted text end The characteristics or circumstances that may be
considered in determining whether a child deleted text begin is a child with special needs under United States
Code, title 42, chapter 7, subchapter IV, part E, or deleted text end meets the requirements of paragraph (a),
clause (1), new text begin or section 473(c)(2)(A) of the Social Security Act, new text end are the following:

(1) The child is a member of a sibling group to be placed as one unit in which at
least one sibling is older than 15 months of age or is described in clause (2) or (3).

(2) The child has documented physical, mental, emotional, or behavioral disabilities.

(3) The child has a high risk of developing physical, mental, emotional, or behavioral
disabilities.

(4) The child is five years of age or older.

(c) When a child's eligibility for adoption assistance is based upon the high risk of
developing physical, mental, emotional, or behavioral disabilities, payments shall not be
made under the adoption assistance agreement unless and until the potential disability
manifests itself as documented by an appropriate health care professional.

Sec. 17.

Minnesota Statutes 2006, section 259.75, subdivision 5, is amended to read:

Subd. 5.

Withdrawal of registration.

A child's registration shall be withdrawn
when the exchange service has been notified in writing by the local social service agency
deleted text begin and deleted text end new text begin or new text end the licensed child-placing agency that the child has been deleted text begin adopted, has become 14
years old and will not consent to an adoption plan, deleted text end new text begin placed in an adoptive home new text end or has died.

Sec. 18.

Minnesota Statutes 2006, section 259.89, subdivision 1, is amended to read:

Subdivision 1.

Request.

An adopted person who is 19 years of age or over may
request the commissioner of health to disclose the information on the adopted person's
original birth record. The commissioner of health shall, within five days of receipt of
the request, notify the commissioner of human deleted text begin services deleted text end new text begin services' agent or licensed
child-placing agency when known, or the commissioner of human services when the
agency is not known new text end in writing of the request by the adopted person.

Sec. 19.

Minnesota Statutes 2006, section 259.89, subdivision 2, is amended to read:

Subd. 2.

Search.

Within six months after receiving notice of the request of
the adopted person, the commissioner of human deleted text begin services deleted text end new text begin services' agent or a licensed
child-placing agency new text end shall make complete and reasonable efforts to notify each parent
identified on the original birth record of the adopted person. The commissioner, the
commissioner's agents, and licensed child-placing agencies may charge a reasonable
fee to the adopted person for the cost of making a search pursuant to this subdivision.
Every licensed child-placing agency in the state shall cooperate with the commissioner of
human services in efforts to notify an identified parent. All communications under this
subdivision are confidential pursuant to section 13.02, subdivision 3.

For purposes of this subdivision, "notify" means a personal and confidential contact
with the birth parents named on the original birth record of the adopted person. The
contact deleted text begin shall not be by mail and deleted text end shall be by an employee or agent of the licensed
child-placing agency which processed the pertinent adoption or some other licensed
child-placing agency designated by the commissioner of human services new text begin when it is
determined to be reasonable by the commissioner; otherwise contact shall be by mail or
telephone new text end . The contact shall be evidenced by filing with the commissioner of health an
affidavit of notification executed by the person who notified each parent certifying that
each parent was given the following information:

deleted text begin (a) deleted text end new text begin (1) new text end the nature of the information requested by the adopted person;

deleted text begin (b) deleted text end new text begin (2) new text end the date of the request of the adopted person;

deleted text begin (c) deleted text end new text begin (3) new text end the right of the parent to file, within 30 days of receipt of the notice, an
affidavit with the commissioner of health stating that the information on the original birth
record should not be disclosed;

deleted text begin (d) deleted text end new text begin (4) new text end the right of the parent to file a consent to disclosure with the commissioner
of health at any time; and

deleted text begin (e) deleted text end new text begin (5) new text end the effect of a failure of the parent to file either a consent to disclosure or an
affidavit stating that the information on the original birth record should not be disclosed.

Sec. 20.

Minnesota Statutes 2006, section 259.89, subdivision 4, is amended to read:

Subd. 4.

Release of information after notice.

If, within six months, the
commissioner of human deleted text begin services certifies deleted text end new text begin services' agent or licensed child-placing agency
document new text end to the commissioner of health notification of each parent identified on the
original birth record pursuant to subdivision 2, the commissioner of health shall disclose
the information requested by the adopted person 31 days after the date of the latest notice
to either parent. This disclosure will occur if, at any time during the 31 days both of
the parents identified on the original birth record have filed a consent to disclosure with
the commissioner of health and neither consent to disclosure has been revoked by the
subsequent filing by a parent of an affidavit stating that the information should not be
disclosed. If only one parent has filed a consent to disclosure and the consent has not been
revoked, the commissioner of health shall disclose, to the adopted person, original birth
record information on the consenting parent only.

Sec. 21.

Minnesota Statutes 2006, section 259.89, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Adult adoptions. new text end

new text begin Notwithstanding section 144.218, a person adopted
as an adult shall be permitted to access the person's birth records that existed prior to
the adult adoption. Access to the existing birth records shall be the same access that
was permitted prior to the adult adoption.
new text end

Sec. 22.

Minnesota Statutes 2006, section 260.835, subdivision 2, is amended to read:

Subd. 2.

Expiration.

Notwithstanding section 15.059, subdivision 5, the American
Indian Child Welfare Advisory Council expires June 30, deleted text begin 2008 deleted text end new text begin 2012 new text end .

Sec. 23.

new text begin [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF
CHILDREN.
new text end

new text begin ARTICLE I. PURPOSE
new text end

new text begin The purpose of this Interstate Compact for the Placement of Children is to:
new text end

new text begin A. Provide a process through which children subject to this compact are placed in
safe and suitable homes in a timely manner.
new text end

new text begin B. Facilitate ongoing supervision of a placement, the delivery of services, and
communication between the states.
new text end

new text begin C. Provide operating procedures that will ensure that children are placed in safe and
suitable homes in a timely manner.
new text end

new text begin D. Provide for the promulgation and enforcement of administrative rules
implementing the provisions of this compact and regulating the covered activities of
the member states.
new text end

new text begin E. Provide for uniform data collection and information sharing between member
states under this compact.
new text end

new text begin F. Promote coordination between this compact, the Interstate Compact for Juveniles,
the Interstate Compact on Adoption and Medical Assistance and other compacts affecting
the placement of and which provide services to children otherwise subject to this compact.
new text end

new text begin G. Provide for a state's continuing legal jurisdiction and responsibility for placement
and care of a child that it would have had if the placement were intrastate.
new text end

new text begin H. Provide for the promulgation of guidelines, in collaboration with Indian tribes,
for interstate cases involving Indian children as is or may be permitted by federal law.
new text end

new text begin ARTICLE II. DEFINITIONS
new text end

new text begin As used in this compact,
new text end

new text begin A. "Approved placement" means the public child-placing agency in the receiving
state has determined that the placement is both safe and suitable for the child.
new text end

new text begin B. "Assessment" means an evaluation of a prospective placement by a public
child-placing agency to determine whether the placement meets the individualized needs
of the child, including but not limited to the child's safety and stability, health and
well-being, and mental, emotional, and physical development. An assessment is only
applicable to a placement by a public child-placing agency.
new text end

new text begin C. "Child" means an individual who has not attained the age of eighteen (18).
new text end

new text begin D. "Certification" means to attest, declare, or be sworn to before a judge or notary
public.
new text end

new text begin E. "Default" means the failure of a member state to perform the obligations or
responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate
Commission.
new text end

new text begin F. "Home Study" means an evaluation of a home environment conducted according
to the applicable requirements of the state in which the home is located, and documents
the preparation and the suitability of the placement resource for placement of a child
according to the laws and requirements of the state in which the home is located.
new text end

new text begin G. "Indian tribe" means any Indian tribe, band, nation, or other organized group
or community of Indians recognized as eligible for services provided to Indians by the
Secretary of the Interior because of their status as Indians, including any Alaskan native
village as defined in section 3 (c) of the Alaska Native Claims settlement Act at 43 USC
§1602(c).
new text end

new text begin H. "Interstate Commission for the Placement of Children" means the commission
that is created under Article VIII of this compact and which is generally referred to as the
Interstate Commission.
new text end

new text begin I. "Jurisdiction" means the power and authority of a court to hear and decide matters.
new text end

new text begin J. "Legal Risk Placement" ("Legal Risk Adoption") means a placement made
preliminary to an adoption where the prospective adoptive parents acknowledge in writing
that a child can be ordered returned to the sending state or the birth mother's state of
residence, if different from the sending state and a final decree of adoption shall not be
entered in any jurisdiction until all required consents are obtained or are dispensed with
according to applicable law.
new text end

new text begin K. "Member state" means a state that has enacted this compact.
new text end

new text begin L. "Noncustodial parent" means a person who, at the time of the commencement
of court proceedings in the sending state, does not have sole legal custody of the child
or has joint legal custody of a child, and who is not the subject of allegations or findings
of child abuse or neglect.
new text end

new text begin M. "Nonmember state" means a state which has not enacted this compact.
new text end

new text begin N. "Notice of residential placement" means information regarding a placement
into a residential facility provided to the receiving state including, but not limited to the
name, date and place of birth of the child, the identity and address of the parent or legal
guardian, evidence of authority to make the placement, and the name and address of
the facility in which the child will be placed. Notice of residential placement shall also
include information regarding a discharge and any unauthorized absence from the facility.
new text end

new text begin O. "Placement" means the act by a public or private child-placing agency intended
to arrange for the care or custody of a child in another state.
new text end

new text begin P. "Private child-placing agency" means any private corporation, agency, foundation,
institution, or charitable organization, or any private person or attorney that facilitates,
causes, or is involved in the placement of a child from one state to another and that is not
an instrumentality of the state or acting under color of state law.
new text end

new text begin Q. "Provisional placement" means a determination made by the public child-placing
agency in the receiving state that the proposed placement is safe and suitable, and, to the
extent allowable, the receiving state has temporarily waived its standards or requirements
otherwise applicable to prospective foster or adoptive parents so as to not delay the
placement. Completion of an assessment and the receiving state requirements regarding
training for prospective foster or adoptive parents shall not delay an otherwise safe and
suitable placement.
new text end

new text begin R. "Public child-placing agency" means any government child welfare agency or
child protection agency or a private entity under contract with such an agency, regardless
of whether they act on behalf of a state, county, municipality, or other governmental
unit and which facilitates, causes, or is involved in the placement of a child from one
state to another.
new text end

new text begin S. "Receiving state" means the state to which a child is sent, brought, or caused to
be sent or brought.
new text end

new text begin T. "Relative" means someone who is related to the child as a parent, step-parent,
sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a
non-relative with such significant ties to the child that they may be regarded as relatives as
determined by the court in the sending state.
new text end

new text begin U. "Residential Facility" means a facility providing a level of care that is sufficient
to substitute for parental responsibility or foster care, and is beyond what is needed for
assessment or treatment of an acute condition. For purposes of the compact, residential
facilities do not include institutions primarily educational in character, hospitals, or other
medical facilities.
new text end

new text begin V. "Rule" means a written directive, mandate, standard, or principle issued by the
Interstate Commission promulgated pursuant to Article XI of this compact that is of
general applicability and that implements, interprets, or prescribes a policy or provision of
the compact. Rule has the force and effect of an administrative rule in a member state, and
includes the amendment, repeal, or suspension of an existing rule.
new text end

new text begin W. "Sending state" means the state from which the placement of a child is initiated.
new text end

new text begin X. "Service member's permanent duty station" means the military installation where
an active duty Armed Services member is currently assigned and is physically located
under competent orders that do not specify the duty as temporary.
new text end

new text begin Y. "Service member's state of legal residence" means the state in which the active
duty Armed Services member is considered a resident for tax and voting purposes.
new text end

new text begin Z. "State" means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the
Northern Marianas Islands, and any other territory of the United States.
new text end

new text begin AA. "State court" means a judicial body of a state that is vested by law with
responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or
status offenses of individuals who have not attained the age of eighteen (18).
new text end

new text begin BB. "Supervision" means monitoring provided by the receiving state once a child
has been placed in a receiving state pursuant to this compact.
new text end

new text begin ARTICLE III. APPLICABILITY
new text end

new text begin A. Except as otherwise provided in Article III, Section B, this compact shall apply to:
new text end

new text begin 1. The interstate placement of a child subject to ongoing court jurisdiction in the
sending state, due to allegations or findings that the child has been abused, neglected, or
deprived as defined by the laws of the sending state, provided, however, that the placement
of such a child into a residential facility shall only require notice of residential placement
to the receiving state prior to placement.
new text end

new text begin 2. The interstate placement of a child adjudicated delinquent or unmanageable
based on the laws of the sending state and subject to ongoing court jurisdiction of the
sending state if:
new text end

new text begin a. the child is being placed in a residential facility in another member state and
is not covered under another compact; or
new text end

new text begin b. the child is being placed in another member state and the determination of safety
and suitability of the placement and services required is not provided through another
compact.
new text end

new text begin 3. The interstate placement of any child by a public child-placing agency or private
child-placing agency as defined in this compact as a preliminary step to a possible
adoption.
new text end

new text begin B. The provisions of this compact shall not apply to:
new text end

new text begin 1. The interstate placement of a child in a custody proceeding in which a public
child placing agency is not a party, provided the placement is not intended to effectuate an
adoption.
new text end

new text begin 2. The interstate placement of a child with a non-relative in a receiving state by a
parent with the legal authority to make such a placement provided, however, that the
placement is not intended to effectuate an adoption.
new text end

new text begin 3. The interstate placement of a child by one relative with the lawful authority to
make such a placement directly with a relative in a receiving state.
new text end

new text begin 4. The placement of a child, not subject to Article III, Section A, into a residential
facility by his parent.
new text end

new text begin 5. The placement of a child with a noncustodial parent provided that:
new text end

new text begin a. The noncustodial parent proves to the satisfaction of a court in the sending state a
substantial relationship with the child; and
new text end

new text begin b. The court in the sending state makes a written finding that placement with the
non-custodial parent is in the best interests of the child; and
new text end

new text begin c. The court in the sending state dismisses its jurisdiction over the child's case.
new text end

new text begin 6. A child entering the United States from a foreign country for the purpose of
adoption or leaving the United States to go to a foreign country for the purpose of
adoption in that country.
new text end

new text begin 7. Cases in which a U.S. citizen child living overseas with his family, at least one
of whom is in the U.S. Armed Services, and who is stationed overseas, is removed and
placed in a state.
new text end

new text begin 8. The sending of a child by a public child-placing agency or a private child-placing
agency for a visit as defined by the rules of the Interstate Commission.
new text end

new text begin C. For purposes of determining the applicability of this compact to the placement of
a child with a family in the Armed Services, the public child-placing agency or private
child-placing agency may choose the state of the service member's permanent duty station
or the service member's declared legal residence.
new text end

new text begin D. Nothing in this compact shall be construed to prohibit the concurrent application
of the provisions of this compact with other applicable interstate compacts including the
Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical
Assistance. The Interstate Commission may in cooperation with other interstate compact
commissions having responsibility for the interstate movement, placement, or transfer of
children, promulgate like rules to ensure the coordination of services, timely placement
of children, and the reduction of unnecessary or duplicative administrative or procedural
requirements.
new text end

new text begin ARTICLE IV. JURISDICTION
new text end

new text begin A. Except as provided in Article IV, Section G, concerning private and independent
adoptions and in interstate placements in which the public child placing agency is not a
party to a custody proceeding, the sending state shall retain jurisdiction over a child with
respect to all matters of custody and disposition of the child which it would have had if the
child had remained in the sending state. Such jurisdiction shall also include the power to
order the return of the child to the sending state.
new text end

new text begin B. When an issue of child protection or custody is brought before a court in the
receiving state, such court shall confer with the court of the sending state to determine the
most appropriate forum for adjudication.
new text end

new text begin C. In accordance with its own laws, the court in the sending state shall have authority
to terminate its jurisdiction if:
new text end

new text begin 1. The child is reunified with the parent in the receiving state who is the subject
of allegations or findings of abuse or neglect, only with the concurrence of the public
child-placing agency in the receiving state; or
new text end

new text begin 2. The child is adopted;
new text end

new text begin 3. The child reaches the age of majority under the laws of the sending state; or
new text end

new text begin 4. The child achieves legal independence pursuant to the laws of the sending state; or
new text end

new text begin 5. A guardianship is created by a court in the receiving state with the concurrence of
the court in the sending state; or
new text end

new text begin 6. An Indian tribe has petitioned for and received jurisdiction from the court in
the sending state; or
new text end

new text begin 7. The public child-placing agency of the sending state requests termination and has
obtained the concurrence of the public child-placing agency in the receiving the state.
new text end

new text begin D. When a sending state court terminates its jurisdiction, the receiving state
child-placing agency shall be notified.
new text end

new text begin E. Nothing in this article shall defeat a claim of jurisdiction by a receiving state
court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a
child as defined by the laws of the receiving state committed by the child in the receiving
state which would be a violation of its laws.
new text end

new text begin F. Nothing in this article shall limit the receiving state's ability to take emergency
jurisdiction for the protection of the child.
new text end

new text begin G. The substantive laws of the state in which an adoption will be finalized shall
solely govern all issues relating to the adoption of the child and the court in which the
adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive
issues relating to the adoption, except:
new text end

new text begin 1. when the child is a ward of another court that established jurisdiction over the
child prior to the placement;
new text end

new text begin 2. when the child is in the legal custody of a public agency in the sending state; or
new text end

new text begin 3. when the court in the sending state has otherwise appropriately assumed
jurisdiction over the child, prior to the submission of the request for approval of placement.
new text end

new text begin ARTICLE V. PLACEMENT EVALUATION
new text end

new text begin A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving
state, the public child-placing agency shall provide a written request for assessment to
the receiving state.
new text end

new text begin B. For placements by a private child-placing agency, a child may be sent or brought,
or caused to be sent or brought, into a receiving state, upon receipt and immediate review
of the required content in a request for approval of a placement in both the sending and
receiving state public child-placing agency. The required content to accompany a request
for provisional approval shall include all of the following:
new text end

new text begin 1. A request for approval identifying the child, birth parents, the prospective adoptive
parents, and the supervising agency, signed by the person requesting approval; and
new text end

new text begin 2. The appropriate consents or relinquishments signed by the birthparents in
accordance with the laws of the sending state or, where permitted, the laws of the state
where the adoption will be finalized; and
new text end

new text begin 3. Certification by a licensed attorney or other authorized agent of a private adoption
agency that the consent or relinquishment is in compliance with the applicable laws of the
sending state, or where permitted the laws of the state where finalization of the adoption
will occur; and
new text end

new text begin 4. A home study; and
new text end

new text begin 5. An acknowledgment of legal risk signed by the prospective adoptive parents.
new text end

new text begin C. The sending state and the receiving state may request additional information or
documents prior to finalization of an approved placement, but they may not delay travel
by the prospective adoptive parents with the child if the required content for approval
has been submitted, received, and reviewed by the public child-placing agency in both
the sending state and the receiving state.
new text end

new text begin D. Approval from the public child-placing agency in the receiving state for a
provisional or approved placement is required as provided for in the rules of the Interstate
Commission.
new text end

new text begin E. The procedures for making, and the request for an assessment, shall contain all
information and be in such form as provided for in the rules of the Interstate Commission.
new text end

new text begin F. Upon receipt of a request from the public child-placing agency of the sending
state, the receiving state shall initiate an assessment of the proposed placement to
determine its safety and suitability. If the proposed placement is a placement with a
relative, the public child-placing agency of the sending state may request a determination
for a provisional placement.
new text end

new text begin G. The public child-placing agency in the receiving state may request from the
public child-placing agency or the private child-placing agency in the sending state, and
shall be entitled to receive supporting or additional information necessary to complete
the assessment.
new text end

new text begin ARTICLE VI. PLACEMENT AUTHORITY
new text end

new text begin A. Except as otherwise provided in this compact, no child subject to this compact
shall be placed into a receiving state until approval for such placement is obtained.
new text end

new text begin B. If the public child-placing agency in the receiving state does not approve
the proposed placement then the child shall not be placed. The receiving state shall
provide written documentation of any such determination in accordance with the rules
promulgated by the Interstate Commission. Such determination is not subject to judicial
review in the sending state.
new text end

new text begin C. If the proposed placement is not approved, any interested party shall have
standing to seek an administrative review of the receiving state's determination.
new text end

new text begin 1. The administrative review and any further judicial review associated with
the determination shall be conducted in the receiving state pursuant to its applicable
administrative procedures.
new text end

new text begin 2. If a determination not to approve the placement of the child in the receiving state
is overturned upon review, the placement shall be deemed approved, provided however
that all administrative or judicial remedies have been exhausted or the time for such
remedies has passed.
new text end

new text begin ARTICLE VII. PLACING AGENCY RESPONSIBILITY
new text end

new text begin A. For the interstate placement of a child made by a public child-placing agency
or state court:
new text end

new text begin 1. The public child-placing agency in the sending state shall have financial
responsibility for:
new text end

new text begin a. the ongoing support and maintenance for the child during the period of the
placement, unless otherwise provided for in the receiving state; and
new text end

new text begin b. as determined by the public child-placing agency in the sending state, services for
the child beyond the public services for which the child is eligible in the receiving state.
new text end

new text begin 2. The receiving state shall only have financial responsibility for:
new text end

new text begin a. any assessment conducted by the receiving state; and
new text end

new text begin b. supervision conducted by the receiving state at the level necessary to support
the placement as agreed upon by the public child-placing agencies of the receiving and
sending state.
new text end

new text begin 3. Nothing in this provision shall prohibit public child-placing agencies in the
sending state from entering into agreements with licensed agencies or persons in the
receiving state to conduct assessments and provide supervision.
new text end

new text begin B. For the placement of a child by a private child-placing agency preliminary to a
possible adoption, the private child-placing agency shall be:
new text end

new text begin 1. Legally responsible for the child during the period of placement as provided for in
the law of the sending state until the finalization of the adoption.
new text end

new text begin 2. Financially responsible for the child absent a contractual agreement to the
contrary.
new text end

new text begin C. The public child-placing agency in the receiving state shall provide timely
assessments, as provided for in the rules of the Interstate Commission.
new text end

new text begin D. The public child-placing agency in the receiving state shall provide, or arrange
for the provision of, supervision and services for the child, including timely reports,
during the period of the placement.
new text end

new text begin E. Nothing in this compact shall be construed as to limit the authority of the public
child-placing agency in the receiving state from contracting with a licensed agency or
person in the receiving state for an assessment or the provision of supervision or services
for the child or otherwise authorizing the provision of supervision or services by a licensed
agency during the period of placement.
new text end

new text begin F. Each member state shall provide for coordination among its branches of
government concerning the state's participation in, and compliance with, the compact and
Interstate Commission activities, through the creation of an advisory council or use of an
existing body or board.
new text end

new text begin G. Each member state shall establish a central state compact office, which shall
be responsible for state compliance with the compact and the rules of the Interstate
Commission.
new text end

new text begin H. The public child-placing agency in the sending state shall oversee compliance
with the provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) for placements
subject to the provisions of this compact, prior to placement.
new text end

new text begin I. With the consent of the Interstate Commission, states may enter into limited
agreements that facilitate the timely assessment and provision of services and supervision
of placements under this compact.
new text end

new text begin ARTICLE VIII. INTERSTATE COMMISSION FOR THE
new text end

new text begin PLACEMENT OF CHILDREN
new text end

new text begin The member states hereby establish, by way of this compact, a commission known
as the "Interstate Commission for the Placement of Children." The activities of the
Interstate Commission are the formation of public policy and are a discretionary state
function. The Interstate Commission shall:
new text end

new text begin A. Be a joint commission of the member states and shall have the responsibilities,
powers and duties set forth herein, and such additional powers as may be conferred upon it
by subsequent concurrent action of the respective legislatures of the member states.
new text end

new text begin B. Consist of one commissioner from each member state who shall be appointed by
the executive head of the state human services administration with ultimate responsibility
for the child welfare program. The appointed commissioner shall have the legal authority
to vote on policy related matters governed by this compact binding the state.
new text end

new text begin 1. Each member state represented at a meeting of the Interstate Commission is
entitled to one vote.
new text end

new text begin 2. A majority of the member states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the Interstate Commission.
new text end

new text begin 3. A representative shall not delegate a vote to another member state.
new text end

new text begin 4. A representative may delegate voting authority to another person from their state
for a specified meeting.
new text end

new text begin C. In addition to the commissioners of each member state, the Interstate Commission
shall include persons who are members of interested organizations as defined in the bylaws
or rules of the Interstate Commission. Such members shall be ex officio and shall not be
entitled to vote on any matter before the Interstate Commission.
new text end

new text begin D. Establish an executive committee which shall have the authority to administer
the day-to-day operations and administration of the Interstate Commission. It shall not
have the power to engage in rulemaking.
new text end

new text begin ARTICLE IX. POWERS AND DUTIES OF
new text end

new text begin THE INTERSTATE COMMISSION
new text end

new text begin The Interstate Commission shall have the following powers:
new text end

new text begin A. To promulgate rules and take all necessary actions to effect the goals, purposes
and obligations as enumerated in this compact.
new text end

new text begin B. To provide for dispute resolution among member states.
new text end

new text begin C. To issue, upon request of a member state, advisory opinions concerning the
meaning or interpretation of the interstate compact, its bylaws, rules or actions.
new text end

new text begin D. To enforce compliance with this compact or the bylaws or rules of the Interstate
Commission pursuant to Article XII.
new text end

new text begin E. Collect standardized data concerning the interstate placement of children subject
to this compact as directed through its rules which shall specify the data to be collected,
the means of collection and data exchange and reporting requirements.
new text end

new text begin F. To establish and maintain offices as may be necessary for the transacting of its
business.
new text end

new text begin G. To purchase and maintain insurance and bonds.
new text end

new text begin H. To hire or contract for services of personnel or consultants as necessary to
carry out its functions under the compact and establish personnel qualification policies,
and rates of compensation.
new text end

new text begin I. To establish and appoint committees and officers including, but not limited to, an
executive committee as required by Article X.
new text end

new text begin J. To accept any and all donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose thereof.
new text end

new text begin K. To lease, purchase, accept contributions or donations of, or otherwise to own,
hold, improve, or use any property, real, personal, or mixed.
new text end

new text begin L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed.
new text end

new text begin M. To establish a budget and make expenditures.
new text end

new text begin N. To adopt a seal and bylaws governing the management and operation of the
Interstate Commission.
new text end

new text begin O. To report annually to the legislatures, governors, the judiciary, and state advisory
councils of the member states concerning the activities of the Interstate Commission
during the preceding year. Such reports shall also include any recommendations that may
have been adopted by the Interstate Commission.
new text end

new text begin P. To coordinate and provide education, training, and public awareness regarding the
interstate movement of children for officials involved in such activity.
new text end

new text begin Q. To maintain books and records in accordance with the bylaws of the Interstate
Commission.
new text end

new text begin R. To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact.
new text end

new text begin ARTICLE X. ORGANIZATION AND OPERATION OF THE
INTERSTATE COMMISSION
new text end

new text begin A. Bylaws
new text end

new text begin 1. Within 12 months after the first Interstate Commission meeting, the Interstate
Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate
to carry out the purposes of the compact.
new text end

new text begin 2. The Interstate Commission's bylaws and rules shall establish conditions and
procedures under which the Interstate Commission shall make its information and official
records available to the public for inspection or copying. The Interstate Commission may
exempt from disclosure information or official records to the extent they would adversely
affect personal privacy rights or proprietary interests.
new text end

new text begin B. Meetings
new text end

new text begin 1. The Interstate Commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request of a simple majority of the
member states shall call additional meetings.
new text end

new text begin 2. Public notice shall be given by the Interstate Commission of all meetings and
all meetings shall be open to the public, except as set forth in the rules or as otherwise
provided in the compact. The Interstate Commission and its committees may close a
meeting, or portion thereof, where it determines by two-thirds vote that an open meeting
would be likely to:
new text end

new text begin a. relate solely to the Interstate Commission's internal personnel practices and
procedures; or
new text end

new text begin b. disclose matters specifically exempted from disclosure by federal law; or
new text end

new text begin c. disclose financial or commercial information which is privileged, proprietary or
confidential in nature; or
new text end

new text begin d. involve accusing a person of a crime, or formally censuring a person; or
new text end

new text begin e. disclose information of a personal nature where disclosure would constitute
a clearly unwarranted invasion of personal privacy or physically endanger one or more
persons; or
new text end

new text begin f. disclose investigative records compiled for law enforcement purposes; or
new text end

new text begin g. specifically relate to the Interstate Commission's participation in a civil action
or other legal proceeding.
new text end

new text begin 3. For a meeting, or portion of a meeting, closed pursuant to this provision, the
Interstate Commission's legal counsel or designee shall certify that the meeting may be
closed and shall reference each relevant exemption provision. The Interstate Commission
shall keep minutes which shall fully and clearly describe all matters discussed in a meeting
and shall provide a full and accurate summary of actions taken, and the reasons therefore,
including a description of the views expressed and the record of a roll call vote. All
documents considered in connection with an action shall be identified in such minutes. All
minutes and documents of a closed meeting shall remain under seal, subject to release by a
majority vote of the Interstate Commission or by court order.
new text end

new text begin 4. The bylaws may provide for meetings of the Interstate Commission to be
conducted by telecommunication or other electronic communication.
new text end

new text begin C. Officers and Staff
new text end

new text begin 1. The Interstate Commission may, through its executive committee, appoint or
retain a staff director for such period, upon such terms and conditions and for such
compensation as the Interstate Commission may deem appropriate. The staff director shall
serve as secretary to the Interstate Commission, but shall not have a vote. The staff director
may hire and supervise such other staff as may be authorized by the Interstate Commission.
new text end

new text begin 2. The Interstate Commission shall elect, from among its members, a chairperson
and a vice chairperson of the executive committee and other necessary officers, each of
whom shall have such authority and duties as may be specified in the bylaws.
new text end

new text begin D. Qualified Immunity, Defense and Indemnification
new text end

new text begin 1. The Interstate Commission's staff director and its employees shall be immune
from suit and liability, either personally or in their official capacity, for a claim for damage
to or loss of property or personal injury or other civil liability caused or arising out of or
relating to an actual or alleged act, error, or omission that occurred, or that such person had
a reasonable basis for believing occurred within the scope of Commission employment,
duties, or responsibilities; provided, that such person shall not be protected from suit or
liability for damage, loss, injury, or liability caused by a criminal act or the intentional or
willful and wanton misconduct of such person.
new text end

new text begin a. The liability of the Interstate Commission's staff director and employees
or Interstate Commission representatives, acting within the scope of such person's
employment or duties for acts, errors, or omissions occurring within such person's state
may not exceed the limits of liability set forth under the Constitution and laws of that state
for state officials, employees, and agents. The Interstate Commission is considered to
be an instrumentality of the states for the purposes of any such action. Nothing in this
subsection shall be construed to protect such person from suit or liability for damage,
loss, injury, or liability caused by a criminal act or the intentional or willful and wanton
misconduct of such person.
new text end

new text begin b. The Interstate Commission shall defend the staff director and its employees and,
subject to the approval of the Attorney General or other appropriate legal counsel of the
member state shall defend the commissioner of a member state in a civil action seeking to
impose liability arising out of an actual or alleged act, error, or omission that occurred
within the scope of Interstate Commission employment, duties or responsibilities, or that
the defendant had a reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties, or responsibilities, provided that the actual or alleged
act, error, or omission did not result from intentional or willful and wanton misconduct on
the part of such person.
new text end

new text begin c. To the extent not covered by the state involved, member state, or the Interstate
Commission, the representatives or employees of the Interstate Commission shall be
held harmless in the amount of a settlement or judgment, including attorney's fees and
costs, obtained against such persons arising out of an actual or alleged act, error, or
omission that occurred within the scope of Interstate Commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for believing occurred within
the scope of Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional or willful and
wanton misconduct on the part of such persons.
new text end

new text begin ARTICLE XI. RULEMAKING FUNCTIONS OF
new text end

new text begin THE INTERSTATE COMMISSION
new text end

new text begin A. The Interstate Commission shall promulgate and publish rules in order to
effectively and efficiently achieve the purposes of the compact.
new text end

new text begin B. Rulemaking shall occur pursuant to the criteria set forth in this article and the
bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform
to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform
Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the
Interstate Commission deems appropriate consistent with due process requirements under
the United States Constitution as now or hereafter interpreted by the U. S. Supreme Court.
All rules and amendments shall become binding as of the date specified, as published with
the final version of the rule as approved by the Interstate Commission.
new text end

new text begin C. When promulgating a rule, the Interstate Commission shall, at a minimum:
new text end

new text begin 1. Publish the proposed rule's entire text stating the reason(s) for that proposed
rule; and
new text end

new text begin 2. Allow and invite any and all persons to submit written data, facts, opinions,
and arguments, which information shall be added to the record, and be made publicly
available; and
new text end

new text begin 3. Promulgate a final rule and its effective date, if appropriate, based on input from
state or local officials, or interested parties.
new text end

new text begin D. Rules promulgated by the Interstate Commission shall have the force and effect
of administrative rules and shall be binding in the compacting states to the extent and in
the manner provided for in this compact.
new text end

new text begin E. Not later than 60 days after a rule is promulgated, an interested person may file a
petition in the U.S. District Court for the District of Columbia or in the Federal District
Court where the Interstate Commission's principal office is located for judicial review
of such rule. If the court finds that the Interstate Commission's action is not supported
by substantial evidence in the rulemaking record, the court shall hold the rule unlawful
and set it aside.
new text end

new text begin F. If a majority of the legislatures of the member states rejects a rule, those states
may by enactment of a statute or resolution in the same manner used to adopt the compact
cause that such rule shall have no further force and effect in any member state.
new text end

new text begin G. The existing rules governing the operation of the Interstate Compact on the
Placement of Children superseded by this act shall be null and void no less than 12, but
no more than 24 months after the first meeting of the Interstate Commission created
hereunder, as determined by the members during the first meeting.
new text end

new text begin H. Within the first 12 months of operation, the Interstate Commission shall
promulgate rules addressing the following:
new text end

new text begin 1. Transition rules
new text end

new text begin 2. Forms and procedures
new text end

new text begin 3. Time lines
new text end

new text begin 4. Data collection and reporting
new text end

new text begin 5. Rulemaking
new text end

new text begin 6. Visitation
new text end

new text begin 7. Progress reports/supervision
new text end

new text begin 8. Sharing of information/confidentiality
new text end

new text begin 9. Financing of the Interstate Commission
new text end

new text begin 10. Mediation, arbitration, and dispute resolution
new text end

new text begin 11. Education, training, and technical assistance
new text end

new text begin 12. Enforcement
new text end

new text begin 13. Coordination with other interstate compacts
new text end

new text begin I. Upon determination by a majority of the members of the Interstate Commission
that an emergency exists:
new text end

new text begin 1. The Interstate Commission may promulgate an emergency rule only if it is
required to:
new text end

new text begin a. Protect the children covered by this compact from an imminent threat to their
health, safety, and well-being; or
new text end

new text begin b. Prevent loss of federal or state funds; or
new text end

new text begin c. Meet a deadline for the promulgation of an administrative rule required by
federal law.
new text end

new text begin 2. An emergency rule shall become effective immediately upon adoption, provided
that the usual rulemaking procedures provided hereunder shall be retroactively applied
to said rule as soon as reasonably possible, but no later than 90 days after the effective
date of the emergency rule.
new text end

new text begin 3. An emergency rule shall be promulgated as provided for in the rules of the
Interstate Commission.
new text end

new text begin ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION,
new text end

new text begin ENFORCEMENT
new text end

new text begin A. Oversight
new text end

new text begin 1. The Interstate Commission shall oversee the administration and operation of the
compact.
new text end

new text begin 2. The executive, legislative, and judicial branches of state government in each
member state shall enforce this compact and the rules of the Interstate Commission and
shall take all actions necessary and appropriate to effectuate the compact's purposes and
intent. The compact and its rules shall be binding in the compacting states to the extent
and in the manner provided for in this compact.
new text end

new text begin 3. All courts shall take judicial notice of the compact and the rules in any judicial
or administrative proceeding in a member state pertaining to the subject matter of this
compact.
new text end

new text begin 4. The Interstate Commission shall be entitled to receive service of process in any
action in which the validity of a compact provision or rule is the issue for which a judicial
determination has been sought and shall have standing to intervene in any proceedings.
Failure to provide service of process to the Interstate Commission shall render any
judgment, order or other determination, however so captioned or classified, void as to the
Interstate Commission, this compact, its bylaws, or rules of the Interstate Commission.
new text end

new text begin B. Dispute Resolution
new text end

new text begin 1. The Interstate Commission shall attempt, upon the request of a member state, to
resolve disputes which are subject to the compact and which may arise among member
states and between member and nonmember states.
new text end

new text begin 2. The Interstate Commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes among compacting states. The costs of such
mediation or dispute resolution shall be the responsibility of the parties to the dispute.
new text end

new text begin C. Enforcement
new text end

new text begin 1. If the Interstate Commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this compact, its bylaws or rules,
the Interstate Commission may:
new text end

new text begin a. Provide remedial training and specific technical assistance; or
new text end

new text begin b. Provide written notice to the defaulting state and other member states, of the
nature of the default and the means of curing the default. The Interstate Commission shall
specify the conditions by which the defaulting state must cure its default; or
new text end

new text begin c. By majority vote of the members, initiate against a defaulting member state legal
action in the United State District Court for the District of Columbia or, at the discretion
of the Interstate Commission, in the federal district where the Interstate Commission has
its principal office, to enforce compliance with the provisions of the compact, its bylaws,
or rules. The relief sought may include both injunctive relief and damages. In the event
judicial enforcement is necessary the prevailing party shall be awarded all costs of such
litigation including reasonable attorney's fees; or
new text end

new text begin d. Avail itself of any other remedies available under state law or the regulation of
official or professional conduct.
new text end

new text begin ARTICLE XIII. FINANCING OF THE COMMISSION
new text end

new text begin A. The Interstate Commission shall pay, or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.
new text end

new text begin B. The Interstate Commission may levy on and collect an annual assessment from
each member state to cover the cost of the operations and activities of the Interstate
Commission and its staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved by its members each year. The aggregate annual
assessment amount shall be allocated based upon a formula to be determined by the
Interstate Commission which shall promulgate a rule binding upon all member states.
new text end

new text begin C. The Interstate Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit
of any of the member states, except by and with the authority of the member state.
new text end

new text begin D. The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall be
subject to the audit and accounting procedures established under its bylaws. However,
all receipts and disbursements of funds handled by the Interstate Commission shall be
audited yearly by a certified or licensed public accountant and the report of the audit shall
be included in and become part of the annual report of the Interstate Commission.
new text end

new text begin ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE
new text end

new text begin AND AMENDMENT
new text end

new text begin A. Any state is eligible to become a member state.
new text end

new text begin B. The compact shall become effective and binding upon legislative enactment of
the compact into law by no less than 35 states. The effective date shall be the later of July
1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall
become effective and binding as to any other member state upon enactment of the compact
into law by that state. The executive heads of the state human services administration
with ultimate responsibility for the child welfare program of nonmember states or their
designees shall be invited to participate in the activities of the Interstate Commission on a
non-voting basis prior to adoption of the compact by all states.
new text end

new text begin C. The Interstate Commission may propose amendments to the compact for
enactment by the member states. No amendment shall become effective and binding
on the member states unless and until it is enacted into law by unanimous consent of
the member states.
new text end

new text begin ARTICLE XV. WITHDRAWAL AND DISSOLUTION
new text end

new text begin A. Withdrawal
new text end

new text begin 1. Once effective, the compact shall continue in force and remain binding upon each
and every member state; provided that a member state may withdraw from the compact
specifically repealing the statute which enacted the compact into law.
new text end

new text begin 2. Withdrawal from this compact shall be by the enactment of a statute repealing
the same. The effective date of withdrawal shall be the effective date of the repeal of
the statute.
new text end

new text begin 3. The withdrawing state shall immediately notify the president of the Interstate
Commission in writing upon the introduction of legislation repealing this compact in the
withdrawing state. The Interstate Commission shall then notify the other member states of
the withdrawing state's intent to withdraw.
new text end

new text begin 4. The withdrawing state is responsible for all assessments, obligations, and
liabilities incurred through the effective date of withdrawal.
new text end

new text begin 5. Reinstatement following withdrawal of a member state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
members of the Interstate Commission.
new text end

new text begin B. Dissolution of Compact
new text end

new text begin 1. This compact shall dissolve effective upon the date of the withdrawal or default
of the member state which reduces the membership in the compact to one member state.
new text end

new text begin 2. Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate Commission
shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
new text end

new text begin ARTICLE XVI. SEVERABILITY AND CONSTRUCTION
new text end

new text begin A. The provisions of this compact shall be severable, and if any phrase, clause,
sentence, or provision is deemed unenforceable, the remaining provisions of the compact
shall be enforceable.
new text end

new text begin B. The provisions of this compact shall be liberally construed to effectuate its
purposes.
new text end

new text begin C. Nothing in this compact shall be construed to prohibit the concurrent applicability
of other interstate compacts to which the states are members.
new text end

new text begin ARTICLE XVII. BINDING EFFECT OF COMPACT
new text end

new text begin AND OTHER LAWS
new text end

new text begin A. Other Laws
new text end

new text begin 1. Nothing herein prevents the enforcement of any other law of a member state
that is not inconsistent with this compact.
new text end

new text begin B. Binding Effect of the Compact
new text end

new text begin 1. All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the member states.
new text end

new text begin 2. All agreements between the Interstate Commission and the member states are
binding in accordance with their terms.
new text end

new text begin 3. In the event any provision of this compact exceeds the constitutional limits
imposed on the legislature of any member state, such provision shall be ineffective to the
extent of the conflict with the constitutional provision in question in that member state.
new text end

new text begin ARTICLE XVIII. INDIAN TRIBES
new text end

new text begin Notwithstanding any other provision in this compact, the Interstate Commission
may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or
all of the purposes of the compact as specified in Article I. The Interstate Commission
shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to
reflect the diverse circumstances of the various Indian tribes.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon legislative enactment of the
compact into law by no less than 35 states. The commissioner of human services shall
inform the Revisor of Statutes when this occurs.
new text end

Sec. 24.

Minnesota Statutes 2006, section 260C.001, subdivision 2, is amended to read:

Subd. 2.

Child in need of protection services.

new text begin (a) new text end The paramount consideration in
all proceedings concerning a child alleged or found to be in need of protection or services
is the health, safety, and best interests of the child. In proceedings involving an American
Indian child, as defined in section 260.755, subdivision 8, the best interests of the child
must be determined consistent with sections 260.751 to 260.835 and the Indian Child
Welfare Act, United States Code, title 25, sections 1901 to 1923.

new text begin (b) new text end The purpose of the laws relating to juvenile courts is new text begin :
new text end

new text begin (1) new text end to secure for each child alleged or adjudicated in need of protection or services
and under the jurisdiction of the court, the care and guidance, preferably in the child's own
home, as will best serve the spiritual, emotional, mental, and physical welfare of the child;

new text begin (2) new text end to provide judicial procedures which protect the welfare of the child;

new text begin (3) new text end to preserve and strengthen the child's family ties whenever possible and in the
child's best interests, removing the child from the custody of parents only when the child's
welfare or safety cannot be adequately safeguarded without removal;

new text begin (4) to ensure that when removal from the child's own family is necessary and in the
child's best interests, the responsible social services agency has legal responsibility for
the child removal either:
new text end

new text begin (i) pursuant to a voluntary placement agreement between the child's parent or
guardian and the responsible social services agency; or
new text end

new text begin (ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or
260C.201;
new text end

new text begin (5) to ensure that, when placement is pursuant to court order, the court order
removing the child or continuing the child in foster care contains an individualized
determination that placement is in the best interests of the child that coincides with the
actual removal of the child; new text end and deleted text begin , when removal from the child's own family is necessary
and in the child's best interests,
deleted text end

new text begin (6) new text end to deleted text begin secure for deleted text end new text begin ensure that when the child is removed, new text end the deleted text begin child custody, deleted text end new text begin child's
new text end care and discipline new text begin is, new text end as nearly as possible new text begin , new text end equivalent to that which should have been
given by the parents deleted text begin . deleted text end new text begin and is either in:
new text end

new text begin (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201,
subdivision 1, paragraph (a), clause (1);
new text end

new text begin (ii) the home of a relative pursuant to emergency placement by the responsible social
services agency under chapter 245A; or
new text end

new text begin (iii) a foster home licensed under chapter 245A.
new text end

Sec. 25.

Minnesota Statutes 2006, section 260C.007, subdivision 5, is amended to read:

Subd. 5.

Child abuse.

"Child abuse" means an act that involves a minor victim
deleted text begin and deleted text end that constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, new text begin or
that is physical or sexual abuse as defined in section 626.556, subdivision 2, new text end or an act
committed in another state that involves a minor victim and would constitute a violation of
one of these sections if committed in this state.

Sec. 26.

Minnesota Statutes 2006, section 260C.007, subdivision 6, is amended to read:

Subd. 6.

Child in need of protection or services.

"Child in need of protection or
services" means a child who is in need of protection or services because the child:

(1) is abandoned or without parent, guardian, or custodian;

(2)(i) has been a victim of physical or sexual abuse new text begin as defined in section 626.556,
subdivision 2 new text end , (ii) resides with or has resided with a victim of new text begin child abuse as defined in
subdivision 5 or new text end domestic child abuse as defined in subdivision deleted text begin 5 deleted text end new text begin 13 new text end , (iii) resides with or
would reside with a perpetrator of domestic child abuse new text begin as defined in subdivision 13 new text end or
child abuse as defined in subdivision 5, or (iv) is a victim of emotional maltreatment as
defined in subdivision 8;

(3) is without necessary food, clothing, shelter, education, or other required care
for the child's physical or mental health or morals because the child's parent, guardian,
or custodian is unable or unwilling to provide that care;

(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to
provide that care deleted text begin , including a child in voluntary placement due solely to the child's
deleted text end deleted text begin developmental disability or emotional disturbance deleted text end ;

(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from a disabled infant with a life-threatening condition. The
term "withholding of medically indicated treatment" means the failure to respond to the
infant's life-threatening conditions by providing treatment, including appropriate nutrition,
hydration, and medication which, in the treating physician's or physicians' reasonable
medical judgment, will be most likely to be effective in ameliorating or correcting all
conditions, except that the term does not include the failure to provide treatment other
than appropriate nutrition, hydration, or medication to an infant when, in the treating
physician's or physicians' reasonable medical judgment:

(i) the infant is chronically and irreversibly comatose;

(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or

(iii) the provision of the treatment would be virtually futile in terms of the survival
of the infant and the treatment itself under the circumstances would be inhumane;

(6) is one whose parent, guardian, or other custodian for good cause desires to be
relieved of the child's care and custody, including a child deleted text begin in placement according to deleted text end new text begin who
entered foster care under a new text end voluntary deleted text begin release by deleted text end new text begin placement agreement between new text end the parent
new text begin and the responsible social services agency new text end under section 260C.212, subdivision 8;

(7) has been placed for adoption or care in violation of law;

(8) is without proper parental care because of the emotional, mental, or physical
disability, or state of immaturity of the child's parent, guardian, or other custodian;

(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;

(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;

(11) has engaged in prostitution as defined in section 609.321, subdivision 9;

(12) has committed a delinquent act or a juvenile petty offense before becoming
ten years old;

(13) is a runaway;

(14) is a habitual truant; or

(15) has been found incompetent to proceed or has been found not guilty by reason
of mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense.

Sec. 27.

Minnesota Statutes 2006, section 260C.007, subdivision 13, is amended to
read:

Subd. 13.

Domestic child abuse.

"Domestic child abuse" means:

(1) any physical injury to a minor family or household member inflicted by an adult
family or household member other than by accidental means; deleted text begin or
deleted text end

(2) subjection of a minor family or household member by an adult family or
household member to any act which constitutes a violation of sections 609.321 to 609.324,
609.342, 609.343, 609.344, 609.345, or 617.246 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) physical or sexual abuse as defined in section 626.556, subdivision 2.
new text end

Sec. 28.

Minnesota Statutes 2006, section 260C.101, subdivision 2, is amended to read:

Subd. 2.

Jurisdiction over other matters relating to children.

Except as provided
in clause (d), the juvenile court has original and exclusive jurisdiction in proceedings
concerning:

(a) The termination of parental rights to a child in accordance with the provisions of
sections 260C.301 to 260C.328.

(b) The appointment and removal of a juvenile court guardian for a child, where
parental rights have been terminated under the provisions of sections 260C.301 to
260C.328.

(c) Judicial consent to the marriage of a child when required by law.

(d) The juvenile court in those counties in which the judge of the probate-juvenile
court has been admitted to the practice of law in this state shall proceed under the laws
relating to adoptions in all adoption matters. In those counties in which the judge of the
probate-juvenile court has not been admitted to the practice of law in this state the district
court shall proceed under the laws relating to adoptions in all adoption matters.

(e) The review of the deleted text begin foster care status deleted text end new text begin placement new text end of a child who deleted text begin has been placed deleted text end new text begin is
new text end in deleted text begin a residential facility, as defined in section 260C.212, subdivision 1, deleted text end new text begin foster care new text end pursuant
to a voluntary deleted text begin release by deleted text end new text begin placement agreement between new text end the child's parent or parents new text begin and
the responsible social services agency under section 260C.212, subdivision 8.
new text end

new text begin (f) The review of voluntary foster care placement of a child for treatment under
chapter 260D according to the review requirements of that chapter new text end .

Sec. 29.

Minnesota Statutes 2006, section 260C.141, subdivision 2, is amended to read:

Subd. 2.

Review of foster care status.

deleted text begin Except for a child in foster care due
solely to the child's developmental disability or emotional disturbance, deleted text end When a child
continues in voluntary deleted text begin placement deleted text end new text begin foster care new text end according to section 260C.212, subdivision
8, a petition shall be filed alleging the child to be in need of protection or services or
seeking termination of parental rights or other permanent placement of the child away
from the parent within 90 days of the date of the voluntary placement agreement. The
petition shall state the reasons why the child is in deleted text begin placement deleted text end new text begin foster care new text end , the progress on
the out-of-home placement plan required under section 260C.212, subdivision 1, and
the statutory basis for the petition under section 260C.007, subdivision 6, 260C.201,
subdivision 11, or 260C.301.

(1) In the case of a petition alleging the child to be in need of protection or services
filed under this paragraph, if all parties agree and the court finds it is in the best interests of
the child, the court may find the petition states a prima facie case that:

(i) the child's needs are being met;

(ii) the placement of the child in foster care is in the best interests of the child;

(iii) reasonable efforts to reunify the child and the parent or guardian are being
made; and

(iv) the child will be returned home in the next three months.

(2) If the court makes findings under paragraph (1), the court shall approve the
voluntary arrangement and continue the matter for up to three more months to ensure the
child returns to the parents' home. The responsible social services agency shall:

(i) report to the court when the child returns home and the progress made by the
parent on the out-of-home placement plan required under section 260C.212, in which
case the court shall dismiss jurisdiction;

(ii) report to the court that the child has not returned home, in which case the matter
shall be returned to the court for further proceedings under section 260C.163; or

(iii) if any party does not agree to continue the matter under this paragraph and
paragraph (1), the matter shall proceed under section 260C.163.

Sec. 30.

Minnesota Statutes 2007 Supplement, section 260C.163, subdivision 1,
is amended to read:

Subdivision 1.

General.

(a) Except for hearings arising under section 260C.425,
hearings on any matter shall be without a jury and may be conducted in an informal
manner. In all adjudicatory proceedings involving a child alleged to be in need of
protection or services, the court shall admit only evidence that would be admissible in a
civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of
protection or services must be proved by clear and convincing evidence.

(b) Except for proceedings involving a child alleged to be in need of protection or
services and petitions for the termination of parental rights, hearings may be continued or
adjourned from time to time. In proceedings involving a child alleged to be in need of
protection or services and petitions for the termination of parental rights, hearings may not
be continued or adjourned for more than one week unless the court makes specific findings
that the continuance or adjournment is in the best interests of the child. If a hearing is held
on a petition involving physical or sexual abuse of a child who is alleged to be in need of
protection or services or neglected and in foster care, the court shall file the decision with
the court administrator as soon as possible but no later than 15 days after the matter is
submitted to the court. When a continuance or adjournment is ordered in any proceeding,
the court may make any interim orders as it deems in the best interests of the minor in
accordance with the provisions of sections 260C.001 to 260C.421.

(c) deleted text begin Except as otherwise provided in this paragraph, the court shall exclude the
general public from hearings under this chapter and shall admit only those persons who,
in the discretion of the court, have a direct interest in the case or in the work of the
court. deleted text end new text begin Absent exceptional circumstances, hearings under this chapter are presumed to be
accessible to the public, however the court may close any hearing and the records related
to any matter as provided in the Minnesota Rules of Juvenile Protection Procedure.
new text end

(d) Adoption hearings shall be conducted in accordance with the provisions of
laws relating to adoptions.

(e) In any permanency hearing, including the transition of a child from foster care
to independent living, the court shall ensure that any consult with the child is in an
age-appropriate manner.

Sec. 31.

Minnesota Statutes 2006, section 260C.171, subdivision 2, is amended to read:

Subd. 2.

Public inspection of records.

(a) The deleted text begin following deleted text end records from proceedings
or portions of proceedings involving a child in need of protection or services deleted text begin that deleted text end new text begin ,
permanency, or termination of parental rights new text end are deleted text begin open deleted text end new text begin accessible new text end to the public as
authorized by deleted text begin Supreme Court order and court rules are accessible to the public unless the
court determines that access should be restricted because of the intensely personal nature
of the information: deleted text end new text begin the Minnesota Rules of Juvenile Protection Procedure.
new text end

deleted text begin (1) the summons and petition;
deleted text end

deleted text begin (2) affidavits of publication and service;
deleted text end

deleted text begin (3) certificates of representation;
deleted text end

deleted text begin (4) court orders;
deleted text end

deleted text begin (5) hearing and trial notices, witness lists, and subpoenas;
deleted text end

deleted text begin (6) motions and legal memoranda;
deleted text end

deleted text begin (7) exhibits introduced at hearings or trial that are not inaccessible under paragraph
(b);
deleted text end

deleted text begin (8) birth records; and
deleted text end

deleted text begin (9) all other documents not listed as inaccessible to the public under paragraph (b).
deleted text end

deleted text begin (b) The following records are not accessible to the public under paragraph (a):
deleted text end

deleted text begin (1) written, audiotaped, or videotaped information from the social services agency,
except to the extent the information appears in the petition, court orders, or other
documents that are accessible under paragraph (a);
deleted text end

deleted text begin (2) child protection intake or screening notes;
deleted text end

deleted text begin (3) documents identifying reporters of maltreatment, unless the names and other
identifying information are redacted;
deleted text end

deleted text begin (4) guardian ad litem reports;
deleted text end

deleted text begin (5) victim statements and addresses and telephone numbers;
deleted text end

deleted text begin (6) documents identifying nonparty witnesses under the age of 18, unless the names
and other identifying information are redacted;
deleted text end

deleted text begin (7) transcripts of testimony taken during closed hearing;
deleted text end

deleted text begin (8) fingerprinting materials;
deleted text end

deleted text begin (9) psychological, psychiatric, and chemical dependency evaluations;
deleted text end

deleted text begin (10) presentence evaluations of juveniles and probation reports;
deleted text end

deleted text begin (11) medical records and test results;
deleted text end

deleted text begin (12) reports issued by sexual predator programs;
deleted text end

deleted text begin (13) diversion records of juveniles;
deleted text end

deleted text begin (14) any document which the court, upon its own motion or upon motion of a party,
orders inaccessible to serve the best interests of the child; and
deleted text end

deleted text begin (15) any other records that are not accessible to the public under rules developed
by the courts.
deleted text end

deleted text begin In addition, records that are accessible to the public under paragraph (a) become
inaccessible to the public if one year has elapsed since either the proceeding was dismissed
or the court's jurisdiction over the matter was terminated.
deleted text end

deleted text begin (c) Except as otherwise provided by this section, none of the records of the juvenile
court and deleted text end new text begin (b) new text end None of the records relating to an appeal from a nonpublic juvenile court
proceeding, except the written appellate opinion, shall be open to public inspection or their
contents disclosed except by order of a court.

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

deleted text begin (e) When a judge of a juvenile court, or duly authorized agent of the court,
determines under a proceeding under this chapter that a child has violated a state or local
law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets
and highways, except parking violations, the judge or agent shall immediately report
the violation to the commissioner of public safety. The report must be made on a form
provided by the Department of Public Safety and must contain the information required
under section 169.95.
deleted text end

Sec. 32.

Minnesota Statutes 2006, section 260C.178, subdivision 1, is amended to read:

Subdivision 1.

Hearing and release requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

deleted text begin (f) deleted text end new text begin (h) new text end When a petition to terminate parental rights is required under section
260C.301, subdivision 3 or 4, but the county attorney has determined not to proceed
with a termination of parental rights petition, and has instead filed a petition to transfer
permanent legal and physical custody to a relative under section 260C.201, subdivision 11,
the court shall schedule a permanency hearing within 30 days of the filing of the petition.

deleted text begin (g) deleted text end new text begin (i) new text end If the county attorney has filed a petition under section 260C.307, the court
shall schedule a trial under section 260C.163 within 90 days of the filing of the petition
except when the county attorney determines that the criminal case shall proceed to trial
first under section 260C.201, subdivision 3.

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

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

Sec. 33.

Minnesota Statutes 2006, section 260C.205, is amended to read:

260C.205 DISPOSITIONS; VOLUNTARY FOSTER CARE deleted text begin PLACEMENTS deleted text end new text begin
FOR TREATMENT new text end .

deleted text begin Unless the court disposes of the petition under section 260C.141, subdivision 2, deleted text end
Upon a petition deleted text begin for review of the foster care status of a deleted text end new text begin by a parent or guardian under
section 260C.141, subdivision 1, regarding a new text end child new text begin in voluntary foster care for treatment
under chapter 260D new text end , the court may deleted text begin :
deleted text end

deleted text begin (a) deleted text end find that the child's needs are not being met, in which case the court shall order
the social services agency or the parents to take whatever action is necessary and feasible
to meet the child's needs, including, when appropriate, the provision by the social services
agency of services to the parents which would enable the child to live at home deleted text begin , and order a
disposition under section 260C.201 deleted text end .

deleted text begin (b) Find that the child has been abandoned by parents financially or emotionally, or
that the developmentally disabled child does not require out-of-home care because of the
disabling condition, in which case the court shall order the social services agency to file an
appropriate petition pursuant to section 260C.141, subdivision 1, or 260C.307.
deleted text end

deleted text begin (c) When a child is in placement due solely to the child's developmental disability or
emotional disturbance and the court finds that there are compelling reasons which permit
the court to approve the continued voluntary placement of the child and retain jurisdiction
to conduct reviews as required under section 260C.141, subdivision 2, the court shall give
the parent notice by registered United States mail of the review requirements of section
260C.141, subdivision 2, in the event the child continues in placement 12 months or longer.
deleted text end

deleted text begin Nothing in this section shall be construed to prohibit bringing a petition pursuant
to section 260C.141, subdivision 1 or 4, sooner than required by court order pursuant
to this section.
deleted text end

Sec. 34.

Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 1,
is amended to read:

Subdivision 1.

Subjects.

The responsible social services agency deleted text begin must initiate a
background study to be completed by the commissioner under chapter 245C deleted text end new text begin may have
access to the criminal history and history of child and adult maltreatment new text end on the following
individuals:

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

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

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

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

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

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

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

Sec. 35.

Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 2,
is amended to read:

Subd. 2.

General procedures.

(a) When deleted text begin initiating a background check deleted text end new text begin accessing
information new text end under subdivision 1, the agency shall require the individual being assessed
to provide sufficient information to ensure an accurate assessment under this section,
including:

(1) the individual's first, middle, and last name and all other names by which the
individual has been known;

(2) home address, zip code, city, county, and state of residence for the past five years;

(3) sex;

(4) date of birth; and

(5) driver's license number or state identification number.

(b) When notified by the deleted text begin commissioner or the deleted text end responsible social services agency that
it is deleted text begin conducting an assessment under this section deleted text end new text begin accessing information under subdivision
1 new text end , the Bureau of Criminal Apprehension, commissioners of health and human services,
law enforcement, and county agencies must provide deleted text begin the commissioner or deleted text end the responsible
social services agency or county attorney with the following information on the individual
being assessed: criminal history data, new text begin local law enforcement data about the household,
new text end reports about the maltreatment of adults substantiated under section 626.557, and reports
of maltreatment of minors substantiated under section 626.556.

Sec. 36.

Minnesota Statutes 2007 Supplement, section 260C.209, is amended by
adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Assessment for emergency relative placement. new text end

new text begin The responsible social
services agency may obtain household members' criminal history and the history of
maltreatment of a child or adult and use the history to assess whether putting the child
in the household would endanger the child's health, safety, or welfare and to assess the
suitability of a relative prior to an emergency placement. This assessment does not
substitute for the background study required under chapter 245C and does not supersede
requirements related to emergency placement under section 245A.035.
new text end

Sec. 37.

Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 1,
is amended to read:

Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan
shall be prepared within 30 days after any child is placed in deleted text begin a residential facility deleted text end new text begin foster
care new text end by court order or deleted text begin by the deleted text end new text begin a new text end voluntary deleted text begin release of the child by deleted text end new text begin placement agreement
between the responsible social services agency and new text end the new text begin child's new text end parent deleted text begin or parents deleted text end new text begin pursuant
to subdivision 8 or chapter 260D new text end .

deleted text begin For purposes of this section, a residential facility means any group home, family
foster home or other publicly supported out-of-home residential facility, including any
out-of-home residential facility under contract with the state, county or other political
subdivision, or any agency thereof, to provide those services or foster care as defined in
section 260C.007, subdivision 18.
deleted text end

(b) An out-of-home placement plan means a written document which is prepared by
the responsible social services agency jointly with the parent or parents or guardian of the
child and in consultation with the child's guardian ad litem, the child's tribe, if the child is
an Indian child, the child's foster parent or representative of the residential facility, and,
where appropriate, the child. For a child in deleted text begin placement due solely or in part to the child's
emotional disturbance deleted text end new text begin voluntary foster care for treatment under chapter 260D new text end , preparation
of the out-of-home placement plan shall additionally include the child's mental health
treatment provider. As appropriate, the plan shall be:

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

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

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

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

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

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

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

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

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

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

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

(6) documentation of steps to finalize the adoption or legal guardianship of the child
if the court has issued an order terminating the rights of both parents of the child or of the
only known, living parent of the child. At a minimum, the documentation must include
child-specific recruitment efforts such as relative search and the use of state, regional, and
national adoption exchanges to facilitate orderly and timely placements in and outside
of the state. A copy of this documentation shall be provided to the court in the review
required under section 260C.317, subdivision 3, paragraph (b);

(7) the health and educational records of the child including the most recent
information available regarding:

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

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) assurances that the child's placement in foster care takes into account proximity
to the school in which the child is enrolled at the time of placement;

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

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

(vii) the child's medications; and

(viii) any other relevant health and education information;

(8) an independent living plan for a child age 16 or older who is in placement as
a result of a permanency disposition. The plan should include, but not be limited to,
the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

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

(iv) money management;

(v) planning for housing;

(vi) social and recreational skills; and

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

(9) for a child in deleted text begin placement due solely or in part to the child's emotional disturbance deleted text end new text begin
voluntary foster care for treatment under chapter 260D new text end , diagnostic and assessment
information, specific services relating to meeting the mental health care needs of the
child, and treatment outcomes.

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

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

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

Sec. 38.

Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 4,
is amended to read:

Subd. 4.

Responsible social service agency's duties for children in placement.

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

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

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

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

(ii) provide a parent who is the subject of a background study under section
260C.209 15 days' notice that it intends to use the study to recommend against putting the
child with that parent, as well as the notice provided in section 260C.209, subdivision 4,
and the court shall afford the parent an opportunity to be heard concerning the study.

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

(3) If, after the provision of services following an out-of-home placement plan under
this section, the child cannot return to the care of the parent from whom the child was
removed or who had legal custody at the time the child was placed in foster care, the
agency may petition on behalf of a noncustodial parent to establish legal custody with
that parent under section 260C.201, subdivision 11. If paternity has not already been
established, it may be established in the same proceeding in the manner provided for
under chapter 257.

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

(b) The responsible social services agency shall give notice to the parent deleted text begin or parents deleted text end
or guardian of each child in deleted text begin a residential facility deleted text end new text begin foster care new text end , other than a child in deleted text begin placement
due solely to that child's developmental disability or emotional disturbance deleted text end new text begin voluntary
foster care for treatment under chapter 260D new text end , of the following information:

(1) that deleted text begin residential care of deleted text end the deleted text begin child deleted text end new text begin child's placement in foster care new text end may result in
termination of parental rights or an order permanently placing the child out of the custody
of the parent, but only after notice and a hearing as required under chapter 260C and
the juvenile court rules;

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

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

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

(5) the first consideration for placement with relatives;

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

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

(8) the financial responsibilities and obligations, if any, of the parent or parents for
the support of the child during the period the child is in deleted text begin the residential facility deleted text end new text begin foster care new text end .

(c) The responsible social services agency shall inform a parent considering
voluntary placement of a child deleted text begin who is not developmentally disabled or emotionally deleted text end
deleted text begin disturbed deleted text end new text begin under subdivision 8, new text end of the following information:

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

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

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

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

(5) the timelines and procedures for review of voluntary placements under
subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a
permanent placement determination hearing under section 260C.201, subdivision 11.

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

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

Sec. 39.

Minnesota Statutes 2006, section 260C.212, is amended by adding a
subdivision to read:

new text begin Subd. 4a. new text end

new text begin Monthly caseworker visits with children in foster care. new text end

new text begin (a) Every
child in foster care or on a trial home visit shall be visited by the child's caseworker on
a monthly basis, with the majority of visits occurring in the child's residence. For the
purposes of this section, the following definitions apply:
new text end

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

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

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

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

new text begin (b) Caseworker visits shall be of sufficient substance and duration to address issues
pertinent to case planning and service delivery to ensure the safety, permanency, and
well-being of the child.
new text end

Sec. 40.

Minnesota Statutes 2006, section 260C.212, subdivision 7, is amended to read:

Subd. 7.

Administrative or court review of placements.

(a) There shall be
an administrative review of the out-of-home placement plan of each child placed in deleted text begin a
residential facility deleted text end new text begin foster care new text end no later than 180 days after the initial placement of the child
in deleted text begin a residential facility deleted text end new text begin foster care new text end and at least every six months thereafter if the child is not
returned to the home of the parent or parents within that time. The out-of-home placement
plan must be monitored and updated at each administrative review. new text begin The administrative
review shall be conducted by the responsible social services agency using a panel of
appropriate persons at least one of whom is not responsible for the case management of,
or the delivery of services to, either the child or the parents who are the subject of the
review. The administrative review shall be open to participation by the parent or guardian
of the child and the child, as appropriate.
new text end

new text begin (b) new text end As an alternative to the administrative review new text begin required in paragraph (a) new text end , deleted text begin the
social services agency responsible for the placement may bring a petition as provided in
section 260C.141, subdivision 2, to deleted text end the court deleted text begin for review of the foster care to determine if
placement is in the best interests of the child. This petition must be brought to the court in
order for a court determination to be made regarding the best interests of the child within
the applicable six months and is not in lieu of the requirements contained in subdivision
3 or 4. deleted text end new text begin may, as part of any hearing required under the Minnesota Rules of Juvenile
Protection Procedure, conduct a hearing to monitor and update the out-of-home placement
plan pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph
(d). The party requesting review of the out-of-home placement plan shall give parties to
the proceeding notice of the request to review and update the out-of-home placement
plan. new text end A court review conducted pursuant to section new text begin 260C.193; new text end 260C.201, subdivision
new text begin 1 or new text end 11 deleted text begin , or section deleted text end new text begin ; new text end 260C.141, subdivision 2 deleted text begin , deleted text end new text begin or 2a, clause (2); or 260C.317 new text end shall satisfy
the requirement for deleted text begin an administrative deleted text end new text begin the new text end review so long as the other requirements of
this section are met.

deleted text begin (b) deleted text end new text begin (c) new text end deleted text begin At the review required under paragraph (a), the reviewing administrative body deleted text end
new text begin As appropriate to the stage of the proceedings and relevant court orders, the responsible
social services agency new text end or the court shall review:

(1) the safety new text begin , permanency needs, and well-being new text end of the child;

(2) the continuing necessity for and appropriateness of the placement;

(3) the extent of compliance with the out-of-home placement plan;

(4) deleted text begin where appropriate, deleted text end the extent of progress which has been made toward alleviating
or mitigating the causes necessitating placement in deleted text begin a residential facility deleted text end new text begin foster care new text end ;

(5) deleted text begin where appropriate, deleted text end the projected date by which the child may be returned to and
safely maintained in the home or placed permanently away from the care of the parent or
parents or guardian; and

(6) the appropriateness of the services provided to the child.

new text begin (d) When a child is age 16 or older, in addition to any administrative review
conducted by the agency, at the review required under section 260C.201, subdivision 11,
paragraph (d), clause (3), item (iii); or 260C.317, subdivision 3, clause (3), the court shall
review the independent living plan required under subdivision 1, paragraph (c), clause
(8), and the provision of services to the child related to the well-being of the child as the
child prepares to leave foster care. The review shall include the actual plans related to
each item in the plan necessary to the child's future safety and well-being when the child is
no longer in foster care.
new text end

new text begin (1) At the court review, the responsible social services agency shall establish that it
has given the notice required under Minnesota Rules, part 9560.0060, regarding the right
to continued access to services for certain children in foster care past age 18 and of the
right to appeal a denial of social services under section 256.245. If the agency is unable
to establish that the notice, including the right to appeal a denial of social services, has
been given, the court shall require the agency to give it.
new text end

new text begin (2) The court shall make findings regarding progress toward or accomplishment of
the following goals:
new text end

new text begin (i) the child has obtained a high school diploma or its equivalent;
new text end

new text begin (ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;
new text end

new text begin (iii) the child is employed or enrolled in postsecondary education;
new text end

new text begin (iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;
new text end

new text begin (v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;
new text end

new text begin (vi) the child has applied for and obtained disability income assistance for which
the child is eligible;
new text end

new text begin (vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;
new text end

new text begin (viii) the child has saved sufficient funds to pay for the first month's rent and a
damage deposit;
new text end

new text begin (ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;
new text end

new text begin (x) the child, if male, has registered for the Selective Service; and
new text end

new text begin (xi) the child has a permanent connection to a caring adult.
new text end

new text begin (3) The court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, green card, or school visa; the child's school,
medical, and dental records; a contact list of the child's medical, dental, and mental health
providers; and contact information for the child's siblings, if the siblings are in foster care.
new text end

Sec. 41.

Minnesota Statutes 2006, section 260C.212, subdivision 8, is amended to read:

Subd. 8.

deleted text begin Review of deleted text end Voluntary deleted text begin placements deleted text end new text begin foster care; required court review new text end .

deleted text begin Except for a child in placement due solely to the child's developmental disability or
emotional disturbance, if deleted text end new text begin When the responsible social services agency and the child's
parent or guardian agree that the child's safety, health, and best interests require that the
child be in foster care, the agency and the parent or guardian may enter into a voluntary
agreement for the placement of the child in foster care. The voluntary agreement must be
in writing and in a form approved by the commissioner. When new text end the child has been placed in
deleted text begin a residential facility deleted text end new text begin foster care new text end pursuant to a voluntary deleted text begin release by deleted text end new text begin foster care agreement
between the agency and new text end the parent deleted text begin or parents deleted text end , new text begin under this subdivision new text end and new text begin the child new text end is not
returned home within 90 days after initial placement in deleted text begin the residential facility deleted text end new text begin foster care new text end ,
the deleted text begin social services deleted text end agency responsible for the new text begin child's new text end placement new text begin in foster care new text end shall:

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

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

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

(ii) ask the court to order continued deleted text begin out-of-home placement deleted text end new text begin foster care new text end according to
sections 260C.178 and 260C.201; or

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

The out-of-home placement plan must be updated and filed along with the petition.

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

Sec. 42.

Minnesota Statutes 2006, section 260C.325, subdivision 1, is amended to read:

Subdivision 1.

Transfer of custody.

new text begin (a) new text end If the court terminates parental rights of
both parents or of the only known living parent, the court shall order the guardianship and
the legal custody of the child transferred to:

deleted text begin (a) deleted text end new text begin (1) new text end the commissioner of human services; deleted text begin or
deleted text end

deleted text begin (b) deleted text end new text begin (2) new text end a licensed child-placing agency; or

deleted text begin (c) deleted text end new text begin (3) new text end an individual who is willing and capable of assuming the appropriate duties
and responsibilities to the child.

new text begin (b) The court shall order transfer of guardianship and legal custody of a child to
the commissioner of human services only when the responsible county social services
agency had legal responsibility for planning for the permanent placement of the child and
the child was in foster care under the legal responsibility of the responsible county social
services agency at the time the court orders guardianship and legal custody transferred to
the commissioner.
new text end

Sec. 43.

Minnesota Statutes 2006, section 260C.325, subdivision 3, is amended to read:

Subd. 3.

Both parents deceased.

new text begin (a) new text end If upon petition to the juvenile court by a
reputable person, including but not limited to an agent of the commissioner of human
services, and upon hearing in the manner provided in section 260C.163, the court finds
that both parents new text begin or the only known legal parent new text end are new text begin or is new text end deceased and no appointment has
been made or petition for appointment filed pursuant to sections 524.5-201 to 524.5-317,
the court shall order the guardianship and legal custody of the child transferred to:

deleted text begin (a) deleted text end new text begin (1) new text end the commissioner of human services;

deleted text begin (b) deleted text end new text begin (2) new text end a licensed child-placing agency; or

deleted text begin (c) deleted text end new text begin (3) new text end an individual who is willing and capable of assuming the appropriate duties
and responsibilities to the child.

new text begin (b) The court shall order transfer of guardianship and legal custody of a child to the
commissioner of human services only if there is no individual who is willing and capable
of assuming the appropriate duties and responsibilities to the child.
new text end

Sec. 44.

new text begin [260D.001] CHILD IN VOLUNTARY FOSTER CARE FOR
TREATMENT.
new text end

new text begin (a) Sections 260D.001 to 260D.301, may be cited as the "child in voluntary foster
care for treatment" provisions of the Juvenile Court Act.
new text end

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

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

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

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

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

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

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

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

new text begin (d) This chapter does not apply when there is a current determination under section
626.556 that the child requires child protective services or when the child is in foster care
for any reason other than treatment for the child's emotional disturbance or developmental
disability or related condition. When there is a determination under section 626.556 that
the child requires child protective services based on an assessment that there are safety
and risk issues for the child that have not been mitigated through the parent's engagement
in services or otherwise, or when the child is in foster care for any reason other than
the child's emotional disturbance or developmental disability or related condition, the
provisions of chapter 260C apply.
new text end

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

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

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

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

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

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

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

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

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

Sec. 45.

new text begin [260D.005] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this section supplement the definitions
in section 260C.007. The definitions in section 260C.007 apply to this chapter and have
the same meaning for purposes of this chapter as for chapter 260C.
new text end

new text begin Subd. 2. new text end

new text begin Agency. new text end

new text begin "Agency" means the responsible social services agency or
a licensed child-placing agency.
new text end

new text begin Subd. 3. new text end

new text begin Case plan. new text end

new text begin "Case plan" means any plan for the delivery of services
to a child and parent, or when reunification is not required, the child alone, that is
developed according to the requirements of sections 245.4871, subdivision 19 or 21;
245.492, subdivision 16; 256B.092; 260C.212, subdivision 1; 626.556, subdivision 10;
and Minnesota Rules, parts 9525.0004 to 9525.0016.
new text end

new text begin Subd. 4. new text end

new text begin Child. new text end

new text begin "Child" means an individual under 18 years of age.
new text end

new text begin Subd. 5. new text end

new text begin Child in voluntary foster care for treatment. new text end

new text begin "Child in voluntary foster
care for treatment" means a child who is emotionally disturbed or developmentally
disabled or has a related condition and is in foster care under a voluntary foster care
agreement between the child's parent and the agency due to concurrence between the
agency and the parent that the child's level of care requires placement in foster care either:
new text end

new text begin (1) due to a determination by the agency's screening team based on its review of the
diagnostic and functional assessment under section 245.4885; or
new text end

new text begin (2) due to a determination by the agency's screening team under section 256B.092
and Minnesota Rules, parts 9525.0004 to 9525.0016.
new text end

new text begin A child is not in voluntary foster care for treatment under this chapter when there
is a current determination under section 626.556 that the child requires child protective
services or when the child is in foster care for any reason other than the child's emotional
or developmental disability or related condition.
new text end

new text begin Subd. 6. new text end

new text begin Compelling reasons. new text end

new text begin "Compelling reasons" has the same meaning given
in section 260C.007, subdivision 8. The agency may determine compelling reasons when
the child is in foster care for treatment and no grounds to terminate parental rights exist
because the child must be in placement to access treatment, the child's individual treatment
needs cannot be met in the childs' home or through community-based care, and the parent
continues to be responsible for planning together with the agency for the child's needs and
maintains appropriate contact with the child.
new text end

new text begin Subd. 7. new text end

new text begin Court. new text end

new text begin "Court" means juvenile court unless otherwise specified in this
section.
new text end

new text begin Subd. 8. new text end

new text begin Development disability. new text end

new text begin "Developmental disability" means developmental
disability as defined in United States Code, title 42, section 6001(8).
new text end

new text begin Subd. 9. new text end

new text begin Emotionally disturbed or emotional disturbance. new text end

new text begin "Emotionally
disturbed" or "emotional disturbance" means emotional disturbance as described in
section 245.4871, subdivision 15.
new text end

new text begin Subd. 10. new text end

new text begin Foster care. new text end

new text begin "Foster care" means 24-hour substitute care for children
placed away from their parents and for whom an agency has placement and care
responsibility. Foster care includes, but is not limited to, placement in foster family homes,
foster homes of relatives, group homes, emergency shelters, residential facilities not
excluded in this subdivision, child care institutions, and preadoptive homes. A child is in
foster care under this definition, regardless of whether the facility is licensed and payments
are made for the cost of care. Nothing in this definition creates any authority to place a
child in a home or facility that is required to be licensed that is not licensed. Foster care
does not include placement in any of the following facilities: hospitals, inpatient chemical
dependency treatment facilities, facilities that are primarily for delinquent children,
any corrections facility or program within a particular corrections facility not meeting
requirements for Title IV-E facilities as determined by the commissioner, facilities to
which a child is committed under the provision of chapter 253B, forestry camps, or jails.
new text end

new text begin Subd. 11. new text end

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

new text begin "Legal authority to place the child"
means the agency has legal responsibility for the care and control of the child while the
child is in foster care. The agency may acquire legal authority to place a child through
a voluntary placement agreement between the agency and the child's parent under this
chapter. Legal authority to place the child does not mean the agency has authority to make
major life decisions regarding the child, including major medical decisions. A parent with
legal custody of the child continues to have legal authority to make major life decisions
regarding the child, including major medical decisions.
new text end

new text begin Subd. 12. new text end

new text begin Minor. new text end

new text begin "Minor" means an individual under 18 years of age.
new text end

new text begin Subd. 13. new text end

new text begin Parent. new text end

new text begin "Parent" means the birth or adoptive parent of a minor. Parent
also means the child's legal guardian or any individual who has legal authority to
make decisions and plans for the child. For an Indian child, parent includes any Indian
person who has adopted a child by tribal law or custom, as provided in section 260.755,
subdivision 14.
new text end

new text begin Subd. 14. new text end

new text begin Reasonable efforts to finalize a permanent plan for the child.
new text end

new text begin "Reasonable efforts to finalize a permanent plan for the child" has the same meaning under
this chapter as provided in section 260.012, paragraph (e).
new text end

Sec. 46.

new text begin [260D.101] VOLUNTARY FOSTER CARE.
new text end

new text begin Subdivision 1. new text end

new text begin Voluntary foster care. new text end

new text begin When the agency's screening team, based
upon the diagnostic and functional assessment under section 245.4885 or 256B.092,
subdivision 7, determines the child's need for treatment due to emotional disturbance or
developmental disability or related condition requires foster care placement of the child,
a voluntary foster care agreement between the child's parent and the agency gives the
agency legal authority to place the child in foster care.
new text end

new text begin Subd. 2. new text end

new text begin Voluntary foster care agreement. new text end

new text begin A voluntary foster care agreement
shall be used to provide the agency the legal authority to place a child in foster care for
treatment due to the child's disability. The agreement must be in writing and signed by
both the child's parent and the agency. The agreement must be in a form approved by the
commissioner of human services, and shall contain notice to parents of the consequences
to the parent and to the child of being in voluntary foster care.
new text end

Sec. 47.

new text begin [260D.102] REQUIRED INFORMATION FOR A CHILD IN
VOLUNTARY FOSTER CARE FOR TREATMENT.
new text end

new text begin An agency with authority to place a child in voluntary foster care for treatment due
to emotional disturbance or developmental disability or related condition, shall inform the
child, age 12 or older, of the following:
new text end

new text begin (1) the child has the right to be consulted in the preparation of the out-of-home
placement plan required under section 260C.212, subdivision 1, and the administrative
review required under section 260C.212, subdivision 7;
new text end

new text begin (2) the child has the right to visit the parent and the right to visit the child's siblings
as determined safe and appropriate by the parent and the agency;
new text end

new text begin (3) if the child disagrees with the foster care facility or services provided under
the out-of-home placement plan required under section 260C.212, subdivision 1, the
agency shall include information about the nature of the child's disagreement and, to the
extent possible, the agency's understanding of the basis of the child's disagreement in the
information provided to the court in the report required under section 260D.105; and
new text end

new text begin (4) the child has the rights established under Minnesota Rules, part 2960.0050, as a
resident of a facility licensed by the state.
new text end

Sec. 48.

new text begin [260D.103] ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY
FOSTER CARE FOR TREATMENT.
new text end

new text begin The administrative reviews required under section 260C.212, subdivision 7, must
be conducted for a child in voluntary foster care for treatment, except that the initial
administrative review must take place prior to the submission of the report to the court
required under section 260D.105, subdivision 2.
new text end

Sec. 49.

new text begin [260D.105] AGENCY REPORT TO THE COURT AND COURT
REVIEW OF CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT DUE
TO DISABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Judicial review. new text end

new text begin In the case of a child in voluntary foster care for
treatment due to disability under section 260D.101, the agency shall obtain judicial review
of the child's voluntary foster care placement within 165 days of the placement.
new text end

new text begin Subd. 2. new text end

new text begin Agency report to court; court review. new text end

new text begin The agency shall obtain judicial
review by reporting to the court according to the following procedures:
new text end

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

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

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

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

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

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

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

new text begin (7) a written summary of the proceedings of any administrative review required
under section 260C.212, subdivision 7; and
new text end

new text begin (8) any other information the agency, parent or legal custodian, the child or the foster
parent, or other residential facility wants the court to consider.
new text end

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

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

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

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

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

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

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

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

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

new text begin (2) whether the parent and agency are appropriately planning for the child; and
new text end

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

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

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

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

new text begin (i) The court shall also send the parent, the child, age 12 or older, the foster parent, or
representative of the foster care facility notice of the permanency review hearing required
under section 260D.107, paragraph (e).
new text end

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

Sec. 50.

new text begin [260D.107] REQUIRED PERMANENCY REVIEW HEARING.
new text end

new text begin (a) When the court has found that the voluntary arrangement is in the child's best
interests and that the agency and parent are appropriately planning for the child pursuant
to the report submitted under section 260D.105, and the child continues in voluntary
foster care as defined in section 260D.005, subdivision 10, for 13 months from the date
of the voluntary foster care agreement, or has been in placement for 15 of the last 22
months, the agency must:
new text end

new text begin (1) terminate the voluntary foster care agreement and return the child home; or
new text end

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

new text begin (3) file a petition for the termination of parental rights.
new text end

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

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

new text begin (1) the date of the voluntary placement agreement;
new text end

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

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

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

new text begin (5) the date of the court finding that the foster care placement was in the best
interests of the child, if required under section 260D.105, or the date the agency filed the
motion under section 260D.201, paragraph (b);
new text end

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

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

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

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

new text begin (f) The court shall conduct the permanency review hearing on the petition no later
than 14 months after the date of the voluntary placement agreement, within 30 days of the
filing of the petition when the child has been in placement 15 days of the last 22 months,
or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster
care under chapter 260C, as provided in section 260D.201, paragraph (b).
new text end

new text begin (g) At the permanency review hearing, the court shall:
new text end

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

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

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

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

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

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

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

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

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

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

new text begin (2) find that the agency has made reasonable efforts to finalize a plan for the
permanent plan for the child.
new text end

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

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

new text begin (1) the child must be returned to the care of the parent; or
new text end

new text begin (2) the agency must file a petition under section 260C.141, asking for appropriate
relief under section 260C.201, subdivision 11, or 260C.301.
new text end

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

new text begin (l) A finding that the court approves the continued voluntary placement means
the agency has continued legal authority to place the child while a voluntary placement
agreement remains in effect. The parent or the agency may terminate a voluntary
agreement as provided in section 260D.301. Termination of a voluntary foster care
placement of an Indian child is governed by section 260.765, subdivision 4.
new text end

Sec. 51.

new text begin [260D.109] ANNUAL REVIEW.
new text end

new text begin (a) After the court conducts a permanency review hearing under section 260D.107,
the matter must be returned to the court for further review of the child's foster care
placement at least every 12 months while the child is in foster care. The court shall give
notice to the parent and child, age 12 or older, and the foster parents of the continued
review requirements under this section at the permanency review hearing.
new text end

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

new text begin (1) ensure that the agreement for voluntary foster care is the most appropriate legal
arrangement to meet the child's safety, health, and best interests;
new text end

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

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

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

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

Sec. 52.

new text begin [260D.201] PERMANENCY REVIEW AFTER ADJUDICATION
UNDER CHAPTER 260C.
new text end

new text begin new text end

new text begin (a) If a child has been ordered into foster care under section 260C.178 or 260C.201,
subdivision 1, and the conditions that led to the court's order have been corrected so
that the child could safely return home except for the child's need to continue in foster
care for treatment due to the child's disability, the child's parent and the agency may
enter into a voluntary foster care agreement under this chapter using the procedure set
out in paragraph (b).
new text end

new text begin (b) When the agency and the parent agree to enter into a voluntary foster care
agreement under this chapter, the agency must file a motion to terminate jurisdiction
under section 260C.193, subdivision 6, and to dismiss the order for foster care under
section 260C.178 or 260C.201, subdivision 1, together with the petition required under
section 260D.107, paragraph (b), for permanency review and the court's approval of the
voluntary arrangement.
new text end

new text begin (c) The court shall send the motion and the petition filed under subdivision 2 together
with a notice of hearing by mail as required in section 260D.107, paragraph (e).
new text end

new text begin (d) The petition and motion under this section must be filed no later than the time
the agency is required to file a petition for permanent placement under section 260C.201,
subdivision 11, but may be filed as soon as the agency and the parent agree that the child
should remain in foster care under a voluntary foster care agreement, because the child
needs treatment and voluntary foster care is in the child's best interest.
new text end

new text begin (e) In order for the agency to have continuous legal authority to place the child, the
parent and the agency must execute a voluntary foster care agreement for the child's
continuation in foster care for treatment prior to the termination of the order for foster care
under section 260C.178 or 260C.201, subdivision 1. The parent and agency may execute
the voluntary foster care agreement at or before the permanency review hearing required
under this section. The voluntary foster care agreement shall not be effective until the
court terminates jurisdiction under section 260C.193, subdivision 6, and dismisses the
order for foster care under section 260C.178 or 260C.201, subdivision 1. Unless the
agency and the parent execute a voluntary placement agreement for the child to continue
in voluntary foster care for treatment, the agency shall not have legal authority to place the
child after the court terminates jurisdiction under chapter 260C.
new text end

Sec. 53.

new text begin [260D.301] TERMINATION OF VOLUNTARY PLACEMENT
AGREEMENT.
new text end

new text begin (a) The child's parent may terminate a voluntary placement agreement under this
chapter upon written notice to the agency of the termination of the agreement. The
termination of a voluntary foster care agreement regarding an Indian child shall be
governed by section 260.765, subdivision 4.
new text end

new text begin (b) The agency may terminate a voluntary placement agreement under this section
upon written notice of the termination of the agreement to the parent. Prior to sending
notice of termination of the voluntary foster care placement agreement, the agency shall
contact the parent regarding transition planning under paragraph (e). Written notice by
the agency shall be considered received by the parent three business days after mailing
by the agency.
new text end

new text begin (c) Upon receipt of notice of the termination of the voluntary foster care agreement,
the agency, the parent, and the facility may agree to a time that the child shall return home.
The scheduled time to return home shall meet the child's need for safety and reasonable
transition. Unless otherwise agreed by the parent and the agency, the child's return home
shall not occur sooner than 72 hours and not later than 30 days after written notice of
termination is received or sent by the agency.
new text end

new text begin (d) A parent who disagrees with the termination of a voluntary foster care agreement
by the agency under this chapter has the right to a fair hearing under section 256.045 to
appeal the termination of the voluntary foster care agreement. When the agency gives
written notice to the parent of the termination of the agreement, the agency must also give
the parent notice of the parent's right to a fair hearing under section 256.045 to appeal the
agency's decision to terminate the voluntary foster care agreement.
new text end

new text begin (e) The agency and the child's parents shall engage in transition planning for the
child's return home, including establishing a scheduled time for the child to return home,
an increased visitation plan between the parent and child, and a plan for what services
will be provided and in place upon the child's return home.
new text end

new text begin (f) Notice of termination of voluntary foster care agreement does not terminate the
agreement. The voluntary foster care agreement and the agency's legal authority to place
the child are terminated by the child's return home or by court order.
new text end

Sec. 54.

Minnesota Statutes 2006, section 524.2-114, is amended to read:

524.2-114 MEANING OF CHILD AND RELATED TERMS.

If, for purposes of intestate succession, a relationship of parent and child must be
established to determine succession by, through, or from a person:

(1) An adopted deleted text begin person deleted text end new text begin child new text end is the child of an adopting parent and not of the birth
parents except that adoption of a child by the spouse of a birth parent has no effect on
the relationship between the child and that birth parent. If a parent dies and a child is
subsequently adopted by a stepparent who is the spouse of a surviving parent, any rights
of inheritance of the child or the child's descendant from or through the deceased parent
of the child which exist at the time of the death of that parent shall not be affected by
the adoption.

(2) In cases not covered by clause (1), a person is the child of the person's parents
regardless of the marital status of the parents and the parent and child relationship may be
established under the Parentage Act, sections 257.51 to 257.74.

Sec. 55.

Minnesota Statutes 2006, section 626.556, subdivision 7, is amended to read:

Subd. 7.

Report.

An oral report shall be made immediately by telephone or
otherwise. An oral report made by a person required under subdivision 3 to report shall be
followed within 72 hours, exclusive of weekends and holidays, by a report in writing to
the appropriate police department, the county sheriff, the agency responsible for assessing
or investigating the report, or the local welfare agency, unless the appropriate agency
has informed the reporter that the oral information does not constitute a report under
subdivision 10. new text begin The local welfare agency shall determine if the report is accepted for an
assessment or investigation as soon as possible but in no event longer than 24 hours
after the report is received. new text end Any report shall be of sufficient content to identify the child,
any person believed to be responsible for the abuse or neglect of the child if the person
is known, the nature and extent of the abuse or neglect and the name and address of the
reporter. If requested, the local welfare agency or the agency responsible for assessing or
investigating the report shall inform the reporter within ten days after the report is made,
either orally or in writing, whether the report was accepted for assessment or investigation.
Written reports received by a police department or the county sheriff shall be forwarded
immediately to the local welfare agency or the agency responsible for assessing or
investigating the report. The police department or the county sheriff may keep copies of
reports received by them. Copies of written reports received by a local welfare department
or the agency responsible for assessing or investigating the report shall be forwarded
immediately to the local police department or the county sheriff.

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

Sec. 56.

Minnesota Statutes 2007 Supplement, section 626.556, subdivision 10a,
is amended to read:

Subd. 10a.

Law enforcement agency responsibility for investigation; welfare
agency reliance on law enforcement fact-finding; welfare agency offer of services.

(a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a
parent, guardian, sibling, person responsible for the child's care functioning within the
family unit, or a person who lives in the child's household and who has a significant
relationship to the child, in a setting other than a facility as defined in subdivision 2, the
local welfare agency shall immediately notify the appropriate law enforcement agency,
which shall conduct an investigation of the alleged abuse or neglect if a violation of a
criminal statute is alleged.

(b) The local agency may rely on the fact-finding efforts of the law enforcement
investigation conducted under this subdivision to make a determination whether or not
threatened deleted text begin harm deleted text end new text begin injury new text end or other maltreatment has occurred under subdivision 2 if an
alleged offender has minor children or lives with minors.

(c) The local welfare agency shall offer appropriate social services for the purpose of
safeguarding and enhancing the welfare of the abused or neglected minor.

Sec. 57. new text begin TARGETED CASE MANAGEMENT SERVICES FOR CHILDREN.
new text end

new text begin The commissioner of human services shall seek an amendment to the state plan to
provide targeted case management services to children with developmental disabilities
who are in need of activities that coordinate and link social and other services designed
to help children gain access to needed medical, social, educational, and other services
under Minnesota Statutes, section 256B.092.
new text end

Sec. 58. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin In each section of Minnesota Statutes referred to in column A, the revisor of statutes
shall delete the reference in column B and insert the reference in column C.
new text end

new text begin Column A new text end	new text begin Column B new text end	new text begin Column C new text end
new text begin 259.67 new text end	new text begin 260.851, article 5 new text end	new text begin 260.853, article 4 new text end
new text begin 256B.094 new text end	new text begin 260.851 new text end	new text begin 260.853 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective upon legislative enactment of the
interstate compact in section 23 by no less than 35 states.
new text end

Sec. 59. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2006, section 260.851, new text end new text begin is repealed effective upon legislative
enactment of the interstate compact in section 23 by no less than 35 states. The
commissioner of human services shall inform the revisor of statutes when this occurs.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2006, sections 260B.241; 260C.141, subdivision 2a;
260C.207; 260C.431; and 260C.435, new text end new text begin are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 9, new text end new text begin is
repealed.
new text end

new text begin Minnesota Rules, parts 9560.0092; 9560.0093, subpart 2; and 9560.0609, new text end new text begin are
repealed.
new text end

ARTICLE 7

DATA PRIVACY

Section 1.

Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Child care resource and referral programs. new text end

new text begin This subdivision applies to
data collected by child care resource and referral programs under section 119B.19. Data
collected under section 119B.19 are not licensing data under subdivision 4. Data on
unlicensed family child care providers are data on individuals governed by subdivision
2. In addition to the disclosures authorized by this section, the names and addresses of
unlicensed family child care providers may be disclosed to the commissioner of education
for purposes of promoting and evaluating school readiness.
new text end

Sec. 2.

Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Family, friend, and neighbor grant program. new text end

new text begin This subdivision applies
to data collected by family, friend, and neighbor (FFN) grantees under section 119B.232.
Data collected under section 119B.232 are data on individuals governed by subdivision 2.
The commissioner may disclose private data collected under this section to early childhood
care and education experts at the University of Minnesota to evaluate the impact of the
grants under subdivision 2 on children's school readiness and to evaluate the FFN grant
program. The commissioner may disclose the names and addresses of FFN caregivers to
the commissioner of education for purposes of promoting and evaluating school readiness.
new text end

Sec. 3.

Laws 2007, chapter 147, article 2, section 56, is amended to read:

Sec. 56. COMMISSIONER OF HUMAN SERVICES DUTIES; EARLY
CHILDHOOD AND SCHOOL-AGE PROFESSIONAL DEVELOPMENT
TRAINING.

Subdivision 1.

Development and implementation of an early childhood and
school-age professional development system.

(a) The commissioner of human services,
in cooperation with the commissioners of education and health, shall develop and phase-in
the implementation of a professional development system for practitioners serving
children in early childhood and school-age programs. The system shall provide training
options and supports for practitioners to voluntarily choose, as they complete or exceed
existing licensing requirements.

The system must, at a minimum, include the following features:

(1) a continuum of training content based on the early childhood and school-age
care practitioner core competencies that translates knowledge into improved practice to
support children's school success;

(2) training strategies that provide direct feedback about practice to practitioners
through ongoing consultation, mentoring, or coaching with special emphasis on early
literacy and early mathematics;

(3) an approval process for trainers;

(4) a professional development registry for early childhood and school-age care
practitioners that will provide tracking and recognition of practitioner training/career
development progress;

(5) a career lattice that includes a range of professional development and educational
opportunities that provide appropriate coursework and degree pathways;

(6) development of a plan with public higher education institutions for an articulated
system of education, training, and professional development that includes credit for prior
learning and development of equivalences to two- and four-year degrees;

(7) incentives and supports for early childhood and school-age care practitioners
to seek additional training and education, including TEACH, other scholarships, and
career guidance; and

(8) coordinated and accessible delivery of training to early childhood and school-age
care practitioners.

(b) By January 1, 2008, the commissioner, in consultation with the organizations
named in subdivision 2 shall develop additional opportunities in order to qualify more
licensed family child care providers under section 119B.13, subdivision 3a.

(c) The commissioner of human services must evaluate the professional development
system and make continuous improvements.

(d) Beginning July 1, 2007, as appropriations permit, the commissioner shall
phase-in the professional development system.

Subd. 2.

Two-hour early childhood training.

By January 15, 2008, the
commissioner of human services, with input from the Minnesota Licensed Family Child
Care Association and the Minnesota Professional Development Council, shall identify
trainings that qualify for the two-hour early childhood development training requirement
for new child care practitioners under Minnesota Statutes, section 245A.14, subdivision
9a, paragraphs (a) and (b). For licensed family child care, the commissioner shall also
seek the input of labor unions that serve licensed family child care providers, if the union
has been recognized by a county to serve licensed family child care providers.

new text begin Subd. 3. new text end

new text begin Data classification for child care practitioner professional development
system. new text end

new text begin This subdivision applies to data collected under this section by the child care
practitioner professional development system. Data collected under this section is welfare
data under section 13.46 but is not licensing data under section 13.46, subdivision 4.
Data on individuals who are licensed family child care providers are private data on
individuals governed by section 13.46, subdivision 2. The commissioner may disclose
nonpublic data collected under this section as described in section 13.46, subdivision 2.
The commissioner also may disclose private and nonpublic data collected under this
section to the following entities:
new text end

new text begin (1) personnel of the welfare system who require the data for child care licensing
purposes;
new text end

new text begin (2) personnel of the welfare system who require the data to administer or evaluate
the child care assistance program;
new text end

new text begin (3) the commissioner of education for purposes of implementing, administering, and
evaluating the child care practitioner professional development system;
new text end

new text begin (4) the commissioner of health for purposes of implementing and administering
this section; and
new text end

new text begin (5) an individual's employer for purposes of tracking and verifying employee
training, education, and expertise.
new text end