HF 1677

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 03/30/2016 10:31am

A bill for an act
relating to human services; providing for human services policy modifications;
authorizing the use of unmarked vehicles; modifying requirements for
background study expenses; modifying cost of care requirements for persons
committed by tribal courts; modifying the Minnesota Indian Family Preservation
Act; requiring documentation of nonemergency medical transportation services;
continuing a council; modifying provisions governing Indian child out-of-home
placement; making conforming changes; authorizing rulemaking; providing
criminal penalties relating to employment at child care centers and trafficking in
SNAP benefits; amending Minnesota Statutes 2014, sections 168.012, subdivision
1; 245A.035, subdivisions 1, 5; 245C.10, by adding a subdivision; 245C.22,
subdivision 7; 253B.212, subdivision 2, by adding a subdivision; 256B.0625, by
adding a subdivision; 256N.02, subdivision 18; 256N.23, subdivision 6; 257.85,
subdivision 3; 259A.01, subdivision 25; 259A.10, subdivision 6; 260.755,
subdivisions 8, 14, by adding subdivisions; 260.761, subdivisions 1, 2; 260.771,
subdivision 3; 260B.007, subdivision 12; 260C.007, subdivision 27, by adding
a subdivision; 260C.168; 260C.178, subdivision 1; 260C.201, subdivision 5;
260C.212, subdivisions 1, 2; 260C.511; 471.346; 609.821; 626.556, subdivision
10; proposing coding for new law in Minnesota Statutes, chapters 256; 260; 609.

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

Section 1.

Minnesota Statutes 2014, section 168.012, subdivision 1, is amended to read:

Subdivision 1.

Vehicles exempt from tax, fees, or plate display.

(a) The following
vehicles are exempt from the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:

(1) vehicles owned and used solely in the transaction of official business by the
federal government, the state, or any political subdivision;

(2) vehicles owned and used exclusively by educational institutions and used solely
in the transportation of pupils to and from those institutions;

(3) vehicles used solely in driver education programs at nonpublic high schools;

(4) vehicles owned by nonprofit charities and used exclusively to transport disabled
persons for charitable, religious, or educational purposes;

(5) vehicles owned by nonprofit charities and used exclusively for disaster response
and related activities;

(6) vehicles owned by ambulance services licensed under section 144E.10 that
are equipped and specifically intended for emergency response or providing ambulance
services; and

(7) vehicles owned by a commercial driving school licensed under section 171.34,
or an employee of a commercial driving school licensed under section 171.34, and the
vehicle is used exclusively for driver education and training.

(b) Provided the general appearance of the vehicle is unmistakable, the following
vehicles are not required to register or display number plates:

(1) vehicles owned by the federal government;

(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by
the state or a political subdivision;

(3) police patrols owned or leased by the state or a political subdivision; and

(4) ambulances owned or leased by the state or a political subdivision.

(c) Unmarked vehicles used in general police work, liquor investigations, or arson
investigations, and passenger automobiles, pickup trucks, and buses owned or operated by
the Department of Corrections or by conservation officers of the Division of Enforcement
and Field Service of the Department of Natural Resources, must be registered and must
display appropriate license number plates, furnished by the registrar at cost. Original and
renewal applications for these license plates authorized for use in general police work and
for use by the Department of Corrections or by conservation officers must be accompanied
by a certification signed by the appropriate chief of police if issued to a police vehicle,
the appropriate sheriff if issued to a sheriff's vehicle, the commissioner of corrections if
issued to a Department of Corrections vehicle, or the appropriate officer in charge if
issued to a vehicle of any other law enforcement agency. The certification must be on a
form prescribed by the commissioner and state that the vehicle will be used exclusively
for a purpose authorized by this section.

(d) Unmarked vehicles used by the Departments of Revenue and Labor and Industry,
fraud unit, in conducting seizures or criminal investigations must be registered and must
display passenger vehicle classification license number plates, furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the commissioner of revenue or the
commissioner of labor and industry. The certification must be on a form prescribed by
the commissioner and state that the vehicles will be used exclusively for the purposes
authorized by this section.

(e) Unmarked vehicles used by the Division of Disease Prevention and Control of the
Department of Health must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the commissioner of health. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Division of Disease Prevention and Control.

(f) Unmarked vehicles used by staff of the Gambling Control Board in gambling
investigations and reviews must be registered and must display passenger vehicle
classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the board chair. The certification must be on a
form prescribed by the commissioner and state that the vehicles will be used exclusively
for the official duties of the Gambling Control Board.

(g) Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by the Department of Human Services' Office of Special Investigations' staff;
the Minnesota sex offender program's executive director and the executive director's
staff; and the Office of Inspector General's staff, including, but not limited to, county
fraud prevention investigators, must be registered and must display passenger vehicle
classification license number plates, furnished by the registrar at cost. Original and
renewal applications for passenger vehicle license plates must be accompanied by a
certification signed by the commissioner of human services. The certification must be on a
form prescribed by the commissioner and state that the vehicles must be used exclusively
for the official duties of the Office of Special Investigations' staff; the Minnesota sex
offender program's executive director and the executive director's staff; and the Office
of the Inspector General's staff, including, but not limited to, contract and county fraud
prevention investigators.

(h) Each state hospital and institution for persons who are mentally ill and
developmentally disabled may have one vehicle without the required identification on
the sides of the vehicle. The vehicle must be registered and must display passenger
vehicle classification license number plates. These plates must be furnished at cost by the
registrar. Original and renewal applications for these passenger vehicle license plates must
be accompanied by a certification signed by the hospital administrator. The certification
must be on a form prescribed by the commissioner and state that the vehicles will be used
exclusively for the official duties of the state hospital or institution.

(i) Each county social service agency may have vehicles used for child and
vulnerable adult protective services without the required identification on the sides of the
vehicle. The vehicles must be registered and must display passenger vehicle classification
license number plates. These plates must be furnished at cost by the registrar. Original
and renewal applications for these passenger vehicle license plates must be accompanied
by a certification signed by the agency administrator. The certification must be on a form
prescribed by the commissioner and state that the vehicles will be used exclusively for the
official duties of the social service agency.

new text begin (j) Unmarked vehicles used in general investigation, surveillance, supervision, and
monitoring by tobacco inspector staff of the Department of Human Services' Alcohol and
Drug Abuse Division for the purposes of tobacco inspections, investigations, and reviews
must be registered and must display passenger vehicle classification license number
plates, furnished at cost by the registrar. Original and renewal applications for passenger
vehicle license plates must be accompanied by a certification signed by the commissioner
of human services. The certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively by tobacco inspector staff for the
duties specified in this paragraph.
new text end

deleted text begin (j) deleted text end new text begin (k) new text end All other motor vehicles must be registered and display tax-exempt number
plates, furnished by the registrar at cost, except as provided in subdivision 1c. All
vehicles required to display tax-exempt number plates must have the name of the state
department or political subdivision, nonpublic high school operating a driver education
program, licensed commercial driving school, or other qualifying organization or entity,
plainly displayed on both sides of the vehicle. This identification must be in a color
giving contrast with that of the part of the vehicle on which it is placed and must endure
throughout the term of the registration. The identification must not be on a removable
plate or placard and must be kept clean and visible at all times; except that a removable
plate or placard may be utilized on vehicles leased or loaned to a political subdivision or
to a nonpublic high school driver education program.

Sec. 2.

Minnesota Statutes 2014, section 245A.035, subdivision 1, is amended to read:

Subdivision 1.

Emergency placement.

Notwithstanding section 245A.03,
subdivision 2a, or 245C.13, subdivision 2, a county agency may place a child with a
relative who is not licensed to provide foster care, provided the requirements of this
section are met. As used in this section, the term "relative" has the meaning given it under
section 260C.007, subdivision new text begin 26b or new text end 27.

Sec. 3.

Minnesota Statutes 2014, section 245A.035, subdivision 5, is amended to read:

Subd. 5.

Child foster care license application.

(a) The relatives with whom the
emergency placement has been made shall complete the child foster care license application
and necessary paperwork within ten days of the placement. The county agency shall assist
the applicant to complete the application. The granting of a child foster care license to a
relative shall be under the procedures in this chapter and according to the standards in
Minnesota Rules, chapter 2960. In licensing a relative, the commissioner shall consider
the importance of maintaining the child's relationship with relatives as an additional
significant factor in determining whether a background study disqualification should be
set aside under section 245C.22, or a variance should be granted under section 245C.30.

(b) When the county or private child-placing agency is processing an application
for child foster care licensure of a relative as defined in section 260B.007, subdivision
12, or 260C.007, subdivision new text begin 26b or new text end 27, the county agency or child-placing agency must
explain the licensing process to the prospective licensee, including the background study
process and the procedure for reconsideration of an initial disqualification for licensure.
The county or private child-placing agency must also provide the prospective relative
licensee with information regarding appropriate options for legal representation in the
pertinent geographic area. If a relative is initially disqualified under section 245C.14, the
commissioner must provide written notice of the reasons for the disqualification and the
right to request a reconsideration by the commissioner as required under section 245C.17.

(c) The commissioner shall maintain licensing data so that activities related to
applications and licensing actions for relative foster care providers may be distinguished
from other child foster care settings.

Sec. 4.

Minnesota Statutes 2014, section 245C.10, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Expenses. new text end

new text begin Section 181.645 does not apply to background studies
completed under this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2014, section 245C.22, subdivision 7, is amended to read:

Subd. 7.

Classification of certain data.

(a) Notwithstanding section 13.46, except
as provided in paragraph (f), upon setting aside a disqualification under this section, the
identity of the disqualified individual who received the set-aside and the individual's
disqualifying characteristics are public data if the set-aside was:

(1) for any disqualifying characteristic under section 245C.15, when the set-aside
relates to a child care center or a family child care provider licensed under chapter 245A; or

(2) for a disqualifying characteristic under section 245C.15, subdivision 2.

(b) Notwithstanding section 13.46, upon granting a variance to a license holder
under section 245C.30, the identity of the disqualified individual who is the subject of
the variance, the individual's disqualifying characteristics under section 245C.15, and the
terms of the variance are public data, when the variance:

(1) is issued to a child care center or a family child care provider licensed under
chapter 245A; or

(2) relates to an individual with a disqualifying characteristic under section 245C.15,
subdivision 2.

(c) The identity of a disqualified individual and the reason for disqualification
remain private data when:

(1) a disqualification is not set aside and no variance is granted, except as provided
under section 13.46, subdivision 4;

(2) the data are not public under paragraph (a) or (b);

(3) the disqualification is rescinded because the information relied upon to disqualify
the individual is incorrect;

(4) the disqualification relates to a license to provide relative child foster care.
As used in this clause, "relative" has the meaning given it under section 260C.007,
subdivision new text begin 26b or new text end 27; or

(5) the disqualified individual is a household member of a licensed foster care
provider and:

(i) the disqualified individual previously received foster care services from this
licensed foster care provider;

(ii) the disqualified individual was subsequently adopted by this licensed foster
care provider; and

(iii) the disqualifying act occurred before the adoption.

(d) Licensed family child care providers and child care centers must provide notices
as required under section 245C.301.

(e) Notwithstanding paragraphs (a) and (b), the identity of household members who
are the subject of a disqualification related set-aside or variance is not public data if:

(1) the household member resides in the residence where the family child care is
provided;

(2) the subject of the set-aside or variance is under the age of 18 years; and

(3) the set-aside or variance only relates to a disqualification under section 245C.15,
subdivision 4, for a misdemeanor-level theft crime as defined in section 609.52.

(f) When the commissioner has reason to know that a disqualified individual has
received an order for expungement for the disqualifying record that does not limit the
commissioner's access to the record, and the record was opened or exchanged with the
commissioner for purposes of a background study under this chapter, the data that would
otherwise become public under paragraph (a) or (b) remain private data.

Sec. 6.

Minnesota Statutes 2014, section 253B.212, is amended by adding a
subdivision to read:

new text begin Subd. 1b. new text end

new text begin Cost of care; commitment by tribal court order; any federally
recognized Indian tribe within the state of Minnesota. new text end

new text begin The commissioner of human
services may contract with and receive payment from the Indian Health Service of the
United States Department of Health and Human Services for the care and treatment of
those members of any federally recognized Indian tribe within the state, who have been
committed by tribal court order to the Indian Health Service for care and treatment of
mental illness, developmental disability, or chemical dependency. The tribe may also
contract directly with the commissioner for treatment of those members of any federally
recognized Indian tribe within the state who have been committed by tribal court order
to the respective tribal Department of Health for care and treatment of mental illness,
developmental disability, or chemical dependency. The contract shall provide that the
Indian Health Service and any federally recognized Indian tribe within the state shall not
transfer any person for admission to a regional center unless the commitment procedure
utilized by the tribal court provided due process protections similar to those afforded
by sections 253B.05 to 253B.10.
new text end

Sec. 7.

Minnesota Statutes 2014, section 253B.212, subdivision 2, is amended to read:

Subd. 2.

Effect given to tribal commitment order.

When, under an agreement
entered into pursuant to subdivisions 1 deleted text begin or deleted text end new text begin , new text end 1a, new text begin or 1b, new text end the Indian Health Service new text begin or the
placing tribe new text end applies to a regional center for admission of a person committed to the
jurisdiction of the health service by the tribal court as a person who is mentally ill,
developmentally disabled, or chemically dependent, the commissioner may treat the
patient with the consent of the Indian Health Service new text begin or the placing tribe new text end .

A person admitted to a regional center pursuant to this section has all the rights
accorded by section 253B.03. In addition, treatment reports, prepared in accordance with
the requirements of section 253B.12, subdivision 1, shall be filed with the Indian Health
Service new text begin or the placing tribe new text end within 60 days of commencement of the patient's stay at the
facility. A subsequent treatment report shall be filed with the Indian Health Service new text begin or
the placing tribe new text end within six months of the patient's admission to the facility or prior to
discharge, whichever comes first. Provisional discharge or transfer of the patient may be
authorized by the head of the treatment facility only with the consent of the Indian Health
Service new text begin or the placing tribe new text end . Discharge from the facility to the Indian Health Service new text begin or the
placing tribe new text end may be authorized by the head of the treatment facility after notice to and
consultation with the Indian Health Service new text begin or the placing tribe new text end .

Sec. 8.

new text begin [256.041] CULTURAL AND ETHNIC COMMUNITIES LEADERSHIP
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin There is hereby established the Cultural
and Ethnic Communities Leadership Council for the Department of Human Services. The
purpose of the council is to advise the commissioner of human services on reducing
disparities that affect racial and ethnic groups.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) The council must consist of:
new text end

new text begin (1) the chairs and ranking minority members of the committees in the house of
representatives and the senate with jurisdiction over human services; and
new text end

new text begin (2) no fewer than 15 and no more than 25 members appointed by and serving at
the pleasure of the commissioner of human services, in consultation with county, tribal,
cultural, and ethnic communities; diverse program participants; and parent representatives
from these communities.
new text end

new text begin (b) In making appointments under this section, the commissioner shall give priority
consideration to public members of the legislative councils of color established under
chapter 3.
new text end

new text begin (c) Members must be appointed to allow for representation of the following groups:
new text end

new text begin (1) racial and ethnic minority groups;
new text end

new text begin (2) the American Indian community, which must be represented by two members;
new text end

new text begin (3) culturally and linguistically specific advocacy groups and service providers;
new text end

new text begin (4) human services program participants;
new text end

new text begin (5) public and private institutions;
new text end

new text begin (6) parents of human services program participants;
new text end

new text begin (7) members of the faith community;
new text end

new text begin (8) Department of Human Services employees; and
new text end

new text begin (9) any other group the commissioner deems appropriate to facilitate the goals
and duties of the council.
new text end

new text begin Subd. 3. new text end

new text begin Guidelines. new text end

new text begin The commissioner shall direct the development of guidelines
defining the membership of the council; setting out definitions; and developing duties of
the commissioner, the council, and council members regarding racial and ethnic disparities
reduction. The guidelines must be developed in consultation with:
new text end

new text begin (1) the chairs of relevant committees; and
new text end

new text begin (2) county, tribal, and cultural communities and program participants from these
communities.
new text end

new text begin Subd. 4. new text end

new text begin Chair. new text end

new text begin The commissioner shall appoint a chair.
new text end

new text begin Subd. 5. new text end

new text begin Terms for first appointees. new text end

new text begin The initial members appointed shall serve
until January 15, 2016.
new text end

new text begin Subd. 6. new text end

new text begin Terms. new text end

new text begin A term shall be for two years and appointees may be reappointed
to serve two additional terms. The commissioner shall make appointments to replace
members vacating their positions by January 15 of each year.
new text end

new text begin Subd. 7. new text end

new text begin Duties of commissioner. new text end

new text begin (a) The commissioner of human services or the
commissioner's designee shall:
new text end

new text begin (1) maintain the council established in this section;
new text end

new text begin (2) supervise and coordinate policies for persons from racial, ethnic, cultural,
linguistic, and tribal communities who experience disparities in access and outcomes;
new text end

new text begin (3) identify human services rules or statutes affecting persons from racial, ethnic,
cultural, linguistic, and tribal communities that may need to be revised;
new text end

new text begin (4) investigate and implement cost-effective models of service delivery such as
careful adaptation of clinically proven services that constitute one strategy for increasing the
number of culturally relevant services available to currently underserved populations; and
new text end

new text begin (5) based on recommendations of the council, review identified department
policies that maintain racial, ethnic, cultural, linguistic, and tribal disparities, and make
adjustments to ensure those disparities are not perpetuated.
new text end

new text begin (b) The commissioner of human services or the commissioner's designee shall
consult with the council and receive recommendations from the council when meeting the
requirements in this subdivision.
new text end

new text begin Subd. 8. new text end

new text begin Duties of council. new text end

new text begin The council shall:
new text end

new text begin (1) recommend to the commissioner for review identified policies in the Department
of Human Services that maintain racial, ethnic, cultural, linguistic, and tribal disparities;
new text end

new text begin (2) identify issues regarding disparities by engaging diverse populations in human
services programs;
new text end

new text begin (3) engage in mutual learning essential for achieving human services parity and
optimal wellness for service recipients;
new text end

new text begin (4) raise awareness about human services disparities to the legislature and media;
new text end

new text begin (5) provide technical assistance and consultation support to counties, private
nonprofit agencies, and other service providers to build their capacity to provide equitable
human services for persons from racial, ethnic, cultural, linguistic, and tribal communities
who experience disparities in access and outcomes;
new text end

new text begin (6) provide technical assistance to promote statewide development of culturally
and linguistically appropriate, accessible, and cost-effective human services and related
policies;
new text end

new text begin (7) provide training and outreach to facilitate access to culturally and linguistically
appropriate, accessible, and cost-effective human services to prevent disparities;
new text end

new text begin (8) facilitate culturally appropriate and culturally sensitive admissions, continued
services, discharges, and utilization review for human services agencies and institutions;
new text end

new text begin (9) form work groups to help carry out the duties of the council that include, but are
not limited to, persons who provide and receive services and representatives of advocacy
groups, and provide the work groups with clear guidelines, standardized parameters, and
tasks for the work groups to accomplish;
new text end

new text begin (10) promote information sharing in the human services community and statewide;
and
new text end

new text begin (11) by February 15 each year, prepare and submit to the chairs and ranking minority
members of the committees in the house of representatives and the senate with jurisdiction
over human services a report that summarizes the activities of the council, identifies
the major problems and issues confronting racial and ethnic groups in accessing human
services, makes recommendations to address issues, and lists the specific objectives that
the council seeks to attain during the next biennium. The report must also include a list of
programs, groups, and grants used to reduce disparities, and statistically valid reports of
outcomes on the reduction of the disparities.
new text end

new text begin Subd. 9. new text end

new text begin Duties of council members. new text end

new text begin The members of the council shall:
new text end

new text begin (1) attend and participate in scheduled meetings and be prepared by reviewing
meeting notes;
new text end

new text begin (2) maintain open communication channels with respective constituencies;
new text end

new text begin (3) identify and communicate issues and risks that could impact the timely
completion of tasks;
new text end

new text begin (4) collaborate on disparity reduction efforts;
new text end

new text begin (5) communicate updates of the council's work progress and status on the
Department of Human Services Web site; and
new text end

new text begin (6) participate in any activities the council or chair deems appropriate and necessary
to facilitate the goals and duties of the council.
new text end

new text begin Subd. 10. new text end

new text begin Expiration. new text end

new text begin The council expires on June 30, 2020.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 15, 2015.
new text end

Sec. 9.

Minnesota Statutes 2014, section 256B.0625, is amended by adding a
subdivision to read:

new text begin Subd. 17b. new text end

new text begin Documentation required. new text end

new text begin (a) As a condition for payment,
nonemergency medical transportation providers must document each occurrence of a
service provided to a recipient according to this subdivision. Providers must maintain
odometer and other records sufficient to distinguish individual trips with specific vehicles
and drivers. The documentation may be maintained in an electronic or paper form but
must be made available and produced upon request. Program funds paid for transportation
that is not documented according to this subdivision shall be recovered by the department.
new text end

new text begin (b) A nonemergency medical transportation provider must compile transportation
records that meet the following requirements:
new text end

new text begin (1) the record must be in English and must be legible according to the standard
of a reasonable person;
new text end

new text begin (2) the recipient's name must be on each page of the record; and
new text end

new text begin (3) each entry in the record must document:
new text end

new text begin (i) the date on which the entry is made;
new text end

new text begin (ii) the date or dates the service is provided;
new text end

new text begin (iii) the printed last name, first name, and middle initial of the driver;
new text end

new text begin (iv) the signature of the driver attesting to the following: "I certify that I have
accurately reported in this mileage log the miles I actually drove and the dates and times I
actually drove them. I understand that misreporting the miles driven and hours worked is
fraud for which I could face criminal prosecution or civil proceedings.";
new text end

new text begin (v) the signature of the recipient attesting to the following: "I certify that I received
the reported transportation service.";
new text end

new text begin (vi) the description and address of both the origin and destination, and the mileage
for the most direct route from the origin to the destination;
new text end

new text begin (vii) the mode of transportation in which the service is provided;
new text end

new text begin (viii) the license plate number of the vehicle used to transport the recipient;
new text end

new text begin (ix) whether the recipient is ambulatory or nonambulatory until the modes under
section 256B.0625, subdivision 17, are implemented;
new text end

new text begin (x) the time of the pickup and the time of the drop-off with "a.m." and "p.m."
designations;
new text end

new text begin (xi) the number of medical assistance occupants in the vehicle;
new text end

new text begin (xii) the name of the extra attendant when an extra attendant is used to provide
special transportation service; and
new text end

new text begin (xiii) the electronic source documentation used to calculate driving directions and
mileage.
new text end

Sec. 10.

Minnesota Statutes 2014, section 256N.02, subdivision 18, is amended to read:

Subd. 18.

Relative.

"Relative," as described in section 260C.007, subdivision 27,
means a person related to the child by blood, marriage, or adoption, or an individual
who is an important friend with whom the child has resided or had significant contact.
For an Indian child, relative new text begin , as described in section 260C.007, subdivision 26b, new text end includes
deleted text begin members deleted text end new text begin a person who is a member new text end of the new text begin Indian child's new text end extended family as defined deleted text begin by
the law or custom of the Indian child's tribe or, in the absence of law or custom, nieces,
nephews, or first or second cousins, as provided deleted text end in the Indian Child Welfare Act of 1978,
United States Code, title 25, section 1903.

Sec. 11.

Minnesota Statutes 2014, section 256N.23, subdivision 6, is amended to read:

Subd. 6.

Exclusions.

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

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

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

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

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

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

(4) a child's legal custodian or guardian who is now adopting the child; or

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

Sec. 12.

Minnesota Statutes 2014, section 257.85, subdivision 3, is amended to read:

Subd. 3.

Definitions.

For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(a) "MFIP standard" means the transitional standard used to calculate assistance
under the MFIP program, or, if permanent legal and physical custody of the child is given
to a relative custodian residing outside of Minnesota, the analogous transitional standard
or standard of need used to calculate assistance under the TANF program of the state
where the relative custodian lives.

(b) "Local agency" means the county social services agency or tribal social services
agency with legal custody of a child prior to the transfer of permanent legal and physical
custody.

(c) "Permanent legal and physical custody" means permanent legal and physical
custody ordered by a Minnesota Juvenile Court under section 260C.515, subdivision 4.

(d) "Relative" has the meaning given in section 260C.007, subdivision new text begin 26b or new text end 27.

(e) "Relative custodian" means a person who has permanent legal and physical
custody of a child. When siblings, including half-siblings and stepsiblings, are placed
together in permanent legal and physical custody, the person receiving permanent legal
and physical custody of the siblings is considered a relative custodian of all of the siblings
for purposes of this section.

(f) "Relative custody assistance agreement" means an agreement entered into
between a local agency and a person who has been or will be awarded permanent legal
and physical custody of a child.

(g) "Relative custody assistance payment" means a monthly cash grant made to a
relative custodian pursuant to a relative custody assistance agreement and in an amount
calculated under subdivision 7.

(h) "Remains in the physical custody of the relative custodian" means that the
relative custodian is providing day-to-day care for the child and that the child lives with
the relative custodian; absence from the relative custodian's home for a period of more
than 120 days raises a presumption that the child no longer remains in the physical
custody of the relative custodian.

Sec. 13.

Minnesota Statutes 2014, section 259A.01, subdivision 25, is amended to read:

Subd. 25.

Relative.

"Relative" means a person related to the child by blood,
marriage, or adoption, or an individual who is an important friend with whom the child has
resided or had significant contact. For an Indian child, relative includes deleted text begin members deleted text end new text begin a person
who is a member new text end of the new text begin Indian child's new text end extended family as defined deleted text begin by law or custom of the
Indian child's tribe, or, in the absence of law or custom, shall be a person who has reached
the age of 18 and who is the Indian child's grandparent, aunt or uncle, brother or sister,
brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent, as
provided deleted text end in the Indian Child Welfare Act of 1978, United States Code, title 25, section 1903.

Sec. 14.

Minnesota Statutes 2014, section 259A.10, subdivision 6, is amended to read:

Subd. 6.

Exclusions.

The commissioner shall not enter into an adoption assistance
agreement with:

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

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

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

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

(3) a child's legal custodian or guardian who is now adopting the child;

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

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

Sec. 15.

new text begin [260.753] PURPOSES.
new text end

new text begin The purposes of this act are to:
new text end

new text begin (1) protect the long-term interests, as defined by the tribes, of Indian children, their
families as defined by law or custom, and the child's tribe; and
new text end

new text begin (2) preserve the Indian family and tribal identity, including an understanding that
Indian children are damaged if family and child tribal identity and contact are denied.
Indian children are the future of the tribes and are vital to their very existence.
new text end

Sec. 16.

Minnesota Statutes 2014, section 260.755, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Active efforts. new text end

new text begin "Active efforts" means a rigorous and concerted level
of effort that is ongoing throughout the involvement of the local social services agency
to continuously involve the Indian child's tribe and that uses the prevailing social and
cultural values, conditions, and way of life of the Indian child's tribe to preserve the
Indian child's family and prevent placement of an Indian child and, if placement occurs, to
return the Indian child to the child's family at the earliest possible time. Active efforts
sets a higher standard than reasonable efforts to preserve the family, prevent breakup of
the family, and reunify the family, according to section 260.762. Active efforts includes
reasonable efforts as required by Title IV-E of the Social Security Act, United States
Code, title 42, sections 670 to 679c.
new text end

Sec. 17.

Minnesota Statutes 2014, section 260.755, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Best interests of an Indian child. new text end

new text begin "Best interests of an Indian child"
means compliance with the Indian Child Welfare Act and the Minnesota Indian Family
Preservation Act to preserve and maintain an Indian child's family. The best interests of
an Indian child support the child's sense of belonging to family, extended family, and
tribe. The best interests of an Indian child are interwoven with the best interests of the
Indian child's tribe.
new text end

Sec. 18.

Minnesota Statutes 2014, section 260.755, subdivision 8, is amended to read:

Subd. 8.

Indian child.

"Indian child" means an unmarried person who is under
age 18 and is:

(1) a member of an Indian tribe; or

(2) eligible for membership in an Indian tribe.

new text begin A determination by a tribe that a child is a member of the Indian tribe or is eligible
for membership in the Indian tribe is conclusive. For purposes of this chapter and chapters
256N, 260C, and 260D, Indian child also includes an unmarried person who satisfies
either clause (1) or (2), is under age 21, and is in foster care pursuant to section 260C.451.
new text end

Sec. 19.

Minnesota Statutes 2014, section 260.755, subdivision 14, is amended to read:

Subd. 14.

Parent.

"Parent" means the biological parent of an Indian child, or any
Indian person who has lawfully adopted an Indian child, including a person who has
adopted a child by tribal law or custom. deleted text begin It deleted text end new text begin Parent includes a father as defined by tribal
law or custom. Parent new text end does not include an unmarried father whose paternity has not been
acknowledged or established. new text begin Paternity has been acknowledged when an unmarried father
takes any action to hold himself out as the biological father of an Indian child.
new text end

Sec. 20.

Minnesota Statutes 2014, section 260.761, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Determination of Indian child's tribe deleted text end new text begin Inquiry of tribal lineage new text end .

The local social services agency or private licensed child-placing agency shall deleted text begin determine
whether a child brought to its attention for the purposes described in this section is an Indian
child and the identity of the Indian child's tribe deleted text end new text begin inquire of the child, the child's parents and
custodians, and other appropriate persons whether there is any reason to believe that a
child brought to the agency's attention may have lineage to an Indian tribe. This inquiry
shall occur at the time the child comes to the attention of the local social services agency new text end .

Sec. 21.

Minnesota Statutes 2014, section 260.761, subdivision 2, is amended to read:

Subd. 2.

Agency new text begin and court new text end notice deleted text begin of potential out-of-home placement deleted text end new text begin to tribes new text end .

new text begin (a) new text end When a local social services agency deleted text begin or private child-placing agency determines that
an Indian child is in a dependent or other condition that could lead to an out-of-home
placement and requires the continued involvement of the agency with the child for a
period in excess of 30 days, the agency shall send notice of the condition and of the initial
steps taken to remedy it to the Indian child's tribal social services agency within seven
days of the determination. deleted text end new text begin has information that a family assessment or investigation being
conducted may involve an Indian child, the local social services agency shall notify the
Indian child's tribe of the family assessment or investigation according to section 626.556,
subdivision 10, paragraph (a), clause (5). Initial notice shall be provided by telephone
and by e-mail or facsimile. The local social services agency shall request that the tribe
or a designated tribal representative participate in evaluating the family circumstances,
identifying family and tribal community resources, and developing case plans.
new text end

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

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

new text begin (d) A local social services agency must provide the notices required under this
subdivision at the earliest possible time to facilitate involvement of the Indian child's tribe.
Nothing in this subdivision is intended to hinder the ability of the local social services
agency and the court to respond to an emergency situation. Lack of participation by a tribe
shall not prevent the tribe from intervening in services and proceedings at a later date. A
tribe may participate at any time. new text end At deleted text begin this and deleted text end any deleted text begin subsequent deleted text end stage of deleted text begin its deleted text end new text begin the local social
services agency's new text end involvement with an Indian child, the agency shall deleted text begin , upon request, give
deleted text end new text begin provide full cooperation to new text end the tribal social services agency deleted text begin full cooperation deleted text end new text begin , new text end including
deleted text begin access to all files deleted text end new text begin disclosure of all data new text end concerning the new text begin Indian new text end child. deleted text begin If the files contain
confidential or private data, the agency may require execution of an agreement with the
tribal social services agency that the tribal social services agency shall maintain the data
according to statutory provisions applicable to the data. This subdivision applies whenever
the court transfers legal custody of an Indian child under section 260B.198, subdivision
1, clause (3), item (i), (ii), or (iii), following an adjudication for a misdemeanor-level
delinquent act. deleted text end new text begin Nothing in this subdivision relieves the local social services agency of
satisfying the notice requirements in the Indian Child Welfare Act.
new text end

Sec. 22.

new text begin [260.762] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
PROMOTE FAMILY REUNIFICATION; ACTIVE EFFORTS.
new text end

new text begin Subdivision 1. new text end

new text begin Active efforts. new text end

new text begin Active efforts includes acknowledging traditional
helping and healing systems of an Indian child's tribe and using these systems as the core
to help and heal the Indian child and family.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for local social services agencies. new text end

new text begin A local social services
agency shall:
new text end

new text begin (1) work with the Indian child's tribe and family to develop an alternative plan to
out-of-home placement;
new text end

new text begin (2) before making a decision that may affect an Indian child's safety and well-being
or when contemplating out-of-home placement of an Indian child, seek guidance from
the Indian child's tribe on family structure, how the family can seek help, what family
and tribal resources are available, and what barriers the family faces at that time that
could threaten its preservation; and
new text end

new text begin (3) request participation of the Indian child's tribe at the earliest possible time and
request the tribe's active participation throughout the case.
new text end

new text begin Subd. 3. new text end

new text begin Required findings that active efforts were provided. new text end

new text begin A court shall not
order an out-of-home or permanency placement for an Indian child unless the court finds
that the local social services agency made active efforts to the Indian child's family. In
determining whether the local social services agency made active efforts for purposes
of out-of-home placement and permanency, the court shall make findings regarding
whether the following activities were appropriate and whether the local social services
agency made appropriate and meaningful services available to the family based upon that
family's specific needs:
new text end

new text begin (1) whether the local social services agency made efforts at the earliest point
possible to (i) identify whether a child may be an Indian child as defined in the Indian
Child Welfare Act, United States Code, title 25, section 1903, and section 260.755,
subdivision 8; and (ii) identify and request participation of the Indian child's tribe at the
earliest point possible and throughout the investigation or assessment, case planning,
provision of services, and case completion;
new text end

new text begin (2) whether the local social services agency requested that a tribally designated
representative with substantial knowledge of prevailing social and cultural standards
and child-rearing practices within the tribal community evaluate the circumstances of
the Indian child's family and assist in developing a case plan that uses tribal and Indian
community resources;
new text end

new text begin (3) whether the local social services agency provided concrete services and access
to both tribal and nontribal services to members of the Indian child's family, including
but not limited to financial assistance, food, housing, health care, transportation, in-home
services, community support services, and specialized services; and whether these services
are being provided in an ongoing manner throughout the agency's involvement with the
family, to directly assist the family in accessing and utilizing services to maintain the
Indian family, or reunify the Indian family as soon as safety can be assured if out-of-home
placement has occurred;
new text end

new text begin (4) whether the local social services agency notified and consulted with the Indian
child's extended family members, as identified by the child, the child's parents, or the
tribe; whether extended family members were consulted to provide support to the child
and parents, to inform the local social services agency and court as to cultural connections
and family structure, to assist in identifying appropriate cultural services and supports for
the child and parents, and to identify and serve as a placement and permanency resource
for the child; and if there was difficulty contacting or engaging with extended family
members, whether assistance was sought from the tribe, the Department of Human
Services, or other agencies with expertise in working with Indian families;
new text end

new text begin (5) whether the local social services agency provided services and resources to
relatives who are considered the primary placement option for an Indian child, as agreed
by the local social services agency and the tribe, to overcome barriers to providing care
to an Indian child. Services and resources shall include but are not limited to child care
assistance, financial assistance, housing resources, emergency resources, and foster care
licensing assistance and resources; and
new text end

new text begin (6) whether the local social services agency arranged for visitation to occur, whenever
possible, in the home of the Indian child's parent, Indian custodian, or other family member
or in another noninstitutional setting, in order to keep the child in close contact with
parents, siblings, and other relatives regardless of the child's age and to allow the child and
those with whom the child visits to have natural, unsupervised interaction when consistent
with protecting the child's safety; and whether the local social services agency consulted
with a tribal representative to determine and arrange for visitation in the most natural
setting that ensures the child's safety, when the child's safety requires supervised visitation.
new text end

Sec. 23.

Minnesota Statutes 2014, section 260.771, subdivision 3, is amended to read:

Subd. 3.

Transfer of proceedings.

(a) In a proceeding for: (1) the termination of
parental rights; or (2) the involuntary foster care placement of an Indian child not within
the jurisdiction of subdivision 1, the court, in the absence of good cause to the contrary,
shall transfer the proceeding to the jurisdiction of the tribe absent objection by either
parent, upon the petition of either parent deleted text begin or deleted text end new text begin , new text end the Indian custodian new text begin , new text end or the Indian child's
tribe. The transfer is subject to declination by the tribal court of the tribe.

(b) In a proceeding for the preadoptive or adoptive placement of an Indian child not
within the jurisdiction of subdivision 1, the court, in the absence of good cause to the
contrary, shall transfer the proceeding to the jurisdiction of the tribe. The transfer is
subject to declination by the tribal court of the tribe. For the purposes of this subdivision,
"preadoptive placement" and "adoptive placement" have the meanings give in section
260.755, subdivision 3.

new text begin (c) At any point in a proceeding for finalizing a permanency plan, the court, in the
absence of good cause to the contrary and in the absence of an objection by either parent,
shall transfer the proceeding to tribal court for the purpose of achieving a customary
adoption or other culturally appropriate permanency option. This transfer shall be made
upon the petition of a parent whose parental rights have not been terminated, the Indian
custodian, or the Indian child's tribe. The transfer is subject to declination by the tribal
court of the tribe.
new text end

Sec. 24.

Minnesota Statutes 2014, section 260B.007, subdivision 12, is amended to read:

Subd. 12.

Relative.

"Relative" means a parent, stepparent, grandparent, brother,
sister, uncle, or aunt of the minor. This relationship may be by blood or marriage. For an
Indian child, relative deleted text begin includes members deleted text end new text begin means a person who is a member new text end of the deleted text begin extended
deleted text end new text begin Indian child's new text end family as defined deleted text begin by the law or custom of the Indian child's tribe or, in the
absence of laws or custom, nieces, nephews, or first or second cousins, as provided deleted text end in the
Indian Child Welfare Act of 1978, United States Code, title 25, section 1903 new text begin , paragraphs
(2), (6), and (9) new text end .

Sec. 25.

Minnesota Statutes 2014, section 260C.007, is amended by adding a
subdivision to read:

new text begin Subd. 26b. new text end

new text begin Relative of an Indian child. new text end

new text begin "Relative of an Indian child" means a
person who is a member of the Indian child's family as defined in the Indian Child Welfare
Act of 1978, United States Code, title 25, section 1903, paragraphs (2), (6), and (9).
new text end

Sec. 26.

Minnesota Statutes 2014, section 260C.007, subdivision 27, is amended to read:

Subd. 27.

Relative.

"Relative" means a person related to the child by blood,
marriage, or adoption, or an individual who is an important friend with whom the child
has resided or had significant contact. deleted text begin For an Indian child, relative includes members of
the extended family as defined by the law or custom of the Indian child's tribe or, in the
absence of law or custom, nieces, nephews, or first or second cousins, as provided in the
Indian Child Welfare Act of 1978, United States Code, title 25, section 1903.
deleted text end

Sec. 27.

Minnesota Statutes 2014, section 260C.168, is amended to read:

260C.168 COMPLIANCE WITH INDIAN CHILD WELFARE ACT new text begin AND
MINNESOTA INDIAN FAMILY PRESERVATION ACT new text end .

The provisions of this chapter must be construed consistently with the Indian
Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963 new text begin , and the
Minnesota Indian Family Preservation Act, sections 260.751 to 260.835 new text end .

Sec. 28.

Minnesota Statutes 2014, section 260C.178, subdivision 1, is amended to read:

Subdivision 1.

Hearing and release requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(k) If a child ordered into foster care has siblings, 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 for treatment or a child is placed with a previously noncustodial
parent who is not a parent to all siblings. If the children are not placed together at the time
of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable
efforts to place the siblings together, as required under section 260.012. If any sibling is
not placed with another sibling or siblings, the agency must develop a plan to facilitate
visitation or ongoing contact among the siblings as required under section 260C.212,
subdivision 1, unless it is contrary to the safety or well-being of any of the siblings to do so.

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

Sec. 29.

Minnesota Statutes 2014, section 260C.201, subdivision 5, is amended to read:

Subd. 5.

Visitation.

If the court orders the child into foster care, the court shall
review and either modify or approve the agency's plan for supervised or unsupervised
visitation that contributes to the objectives of the court-ordered case plan and the
maintenance of the familial relationship, and that meets the requirements of section
260C.212, subdivision 1, paragraph (c), clause (5). No parent may be denied visitation
unless the court finds at the disposition hearing that the visitation would endanger the
child's physical or emotional well-being, is not in the child's best interests, or is not
required under section 260C.178, subdivision 3, paragraph (c) or (d). The court shall
review and either modify or approve the agency plan for visitation for any relatives as
defined in section 260C.007, subdivision new text begin 26b or new text end 27, and with siblings of the child, if
visitation is consistent with the best interests of the child.

Sec. 30.

Minnesota Statutes 2014, section 260C.212, subdivision 1, is amended to read:

Subdivision 1.

Out-of-home placement; plan.

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

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

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

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

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

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

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

(2) the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents which necessitated removal of the child from home and the changes the
parent or parents must make 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 new text begin 26b or new text end 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest
of the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize the permanency plan for the child, including:

(i) reasonable efforts to place the child for adoption. At a minimum, the
documentation must include consideration of whether adoption is in the best interests of
the child, child-specific recruitment efforts such as relative search and the use of state,
regional, and national adoption exchanges to facilitate orderly and timely placements in
and outside of the state. A copy of this documentation shall be provided to the court in the
review required under section 260C.317, subdivision 3, paragraph (b); and

(ii) documentation necessary to support the requirements of the kinship placement
agreement under section 256N.22 when adoption is determined not to be in the child's
best interests;

(7) efforts to ensure the child's educational stability while in foster care, including:

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

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

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

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

(ii) the child's grade level performance;

(iii) the child's school record;

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

(v) any other relevant educational information;

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

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

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

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

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

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

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

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

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

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

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

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

(iv) the child's medications; and

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

(11) an independent living plan for a child age 16 or older. The plan should include,
but not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

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

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

(v) planning for housing;

(vi) social and recreational skills; and

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

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

(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. 31.

Minnesota Statutes 2014, section 260C.212, subdivision 2, is amended to read:

Subd. 2.

Placement decisions based on best interests of the child.

(a) The
policy of the state of Minnesota is to ensure that the child's best interests are met by
requiring an individualized determination of the needs of the child and of how the selected
placement will serve the needs of the child being placed. The authorized child-placing
agency shall place a child, released by court order or by voluntary release by the parent
or parents, in a family foster home selected by considering placement with relatives and
important friends in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption; or

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

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

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

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

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

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

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

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

(8) the child's interests and talents;

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

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

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

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

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

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

Sec. 32.

Minnesota Statutes 2014, section 260C.511, is amended to read:

260C.511 BEST INTERESTS OF THE CHILD.

(a) The "best interests of the child" means all relevant factors to be considered and
evaluated. new text begin In the case of an Indian child, best interests of the child includes best interests
of an Indian child as defined in section 260.755, subdivision 2a.
new text end

(b) In making a permanency disposition order or termination of parental rights,
the court must be governed by the best interests of the child, including a review of the
relationship between the child and relatives and the child and other important persons with
whom the child has resided or had significant contact.

Sec. 33.

Minnesota Statutes 2014, section 471.346, is amended to read:

471.346 PUBLICLY OWNED AND LEASED VEHICLES IDENTIFIED.

All motor vehicles owned or leased by a statutory or home rule charter city, county,
town, school district, metropolitan or regional agency, or other political subdivision,
except for unmarked vehicles used in general police and fire work, arson investigations,
deleted text begin and deleted text end Department of Human Services investigations deleted text begin including deleted text end new text begin conducted by central office
staff, and new text end county fraud prevention investigations new text begin conducted by county or contract fraud
prevention investigators new text end , shall have the name of the political subdivision plainly displayed
on both sides of the vehicle in letters not less than 2-1/2 inches high and one-half inch wide.
The identification must be in a color that contrasts with the color of the part of the vehicle
on which it is placed and must remain on and be clean and visible throughout the period of
which the vehicle is owned or leased by the political subdivision. The identification must
not be on a removable plate or placard except on leased vehicles but the plate or placard
must not be removed from a leased vehicle at any time during the term of the lease.

Sec. 34.

new text begin [609.816] WRONGFUL EMPLOYMENT AT A CHILD CARE CENTER.
new text end

new text begin A person is guilty of a crime and may be sentenced as provided in section 609.52,
subdivision 3, clauses (1) to (5), if the person:
new text end

new text begin (1) is a child care center owner, director, manager, license holder, or other controlling
individual or agent of a child care center;
new text end

new text begin (2) engages in the recruitment or screening of potential employees or applicants or
instructs other persons engaged in the recruitment or screening of potential employees
or applicants; and
new text end

new text begin (3) requires, as a condition of obtaining or continuing employment at the child care
center in order to obtain child care assistance funds, that the applicant, potential employee,
or employee has one or more children who are eligible for or receive child care assistance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 35.

Minnesota Statutes 2014, section 609.821, is amended to read:

609.821 FINANCIAL TRANSACTION CARD FRAUD.

Subdivision 1.

Definitions.

For the purposes of this section, the following terms
have the meanings given them:

(a) "Financial transaction card" means any instrument or device, whether known as
a credit card, credit plate, charge plate, courtesy card, bank services card, banking card,
check guarantee card, debit card, electronic benefit system (EBS) card, electronic benefit
transfer (EBT) card, assistance transaction card, or by any other name, issued with or
without fee by an issuer for the use of the cardholder in obtaining credit, money, goods,
services, public assistance benefits, or anything else of value, and includes the account or
identification number or symbol of a financial transaction card.

(b) "Cardholder" means a person in whose name a card is issued.

(c) "Issuer" means a person, firm, or governmental agency, or a duly authorized
agent or designee, that issues a financial transaction card.

(d) "Property" includes money, goods, services, public assistance benefit, or
anything else of value.

(e) "Public assistance benefit" means any money, goods or services, or anything else
of value, issued under chapters 256, 256B, 256D, or section 393.07, subdivision 10.

new text begin (f) "Trafficking of SNAP benefits" means:
new text end

new text begin (1) the buying, selling, stealing, or otherwise effecting an exchange of Supplemental
Nutrition Assistance Program (SNAP) benefits issued and accessed via an electronic
benefit transfer (EBT) card, card number and personal identification number (PIN), or
manual voucher and signature, for cash or consideration other than eligible food, either
directly, indirectly, in complicity or collusion with others, or acting alone;
new text end

new text begin (2) the exchange of one of the following for SNAP benefits: firearms, ammunition,
explosives, or controlled substances as defined in United States Code, title 21, section 802;
new text end

new text begin (3) purchasing a product with SNAP benefits that has a container requiring a return
deposit with the intent of obtaining cash by discarding the product and returning the
container for the deposit amount, intentionally discarding the product, and intentionally
returning the container for the deposit amount;
new text end

new text begin (4) purchasing a product with SNAP benefits with the intent of obtaining cash or
consideration other than eligible food by reselling the product, and intentionally reselling
the product purchased with SNAP benefits in exchange for cash or consideration other
than eligible food;
new text end

new text begin (5) intentionally purchasing products originally purchased with SNAP benefits in
exchange for cash or consideration other than eligible food; or
new text end

new text begin (6) attempting to buy, sell, steal, or otherwise effect an exchange of SNAP benefits
issued and accessed via an EBT card, card number and PIN number, or manual voucher
and signature, for cash or consideration other than eligible food, either directly, indirectly,
in complicity or collusion with others, or acting alone.
new text end

Subd. 2.

Violations; penalties.

A person who does any of the following commits
financial transaction card fraud:

(1) without the consent of the cardholder, and knowing that the cardholder has not
given consent, uses or attempts to use a card to obtain the property of another, or a public
assistance benefit issued for the use of another;

(2) uses or attempts to use a card knowing it to be forged, false, fictitious, or obtained
in violation of clause (6);

(3) sells or transfers a card knowing that the cardholder and issuer have not
authorized the person to whom the card is sold or transferred to use the card, or that the
card is forged, false, fictitious, or was obtained in violation of clause (6);

(4) without a legitimate business purpose, and without the consent of the cardholders,
receives or possesses, with intent to use, or with intent to sell or transfer in violation of
clause (3), two or more cards issued in the name of another, or two or more cards knowing
the cards to be forged, false, fictitious, or obtained in violation of clause (6);

(5) being authorized by an issuer to furnish money, goods, services, or anything else
of value, knowingly and with an intent to defraud the issuer or the cardholder:

(i) furnishes money, goods, services, or anything else of value upon presentation of a
financial transaction card knowing it to be forged, expired, or revoked, or knowing that it
is presented by a person without authority to use the card; or

(ii) represents in writing to the issuer that the person has furnished money, goods,
services, or anything else of value which has not in fact been furnished;

(6) upon applying for a financial transaction card to an issuer, or for a public
assistance benefit which is distributed by means of a financial transaction card:

(i) knowingly gives a false name or occupation;

(ii) knowingly and substantially overvalues assets or substantially undervalues
indebtedness for the purpose of inducing the issuer to issue a financial transaction card; or

(iii) knowingly makes a false statement or representation for the purpose of inducing
an issuer to issue a financial transaction card used to obtain a public assistance benefit;

(7) with intent to defraud, falsely notifies the issuer or any other person of a theft,
loss, disappearance, or nonreceipt of a financial transaction card; deleted text begin or
deleted text end

(8) without the consent of the cardholder and knowing that the cardholder has not
given consent, falsely alters, makes, or signs any written document pertaining to a card
transaction to obtain or attempt to obtain the property of another deleted text begin . deleted text end new text begin ; or
new text end

new text begin (9) engages in trafficking of SNAP benefits.
new text end

Subd. 3.

Sentence.

(a) A person who commits financial transaction card fraud may
be sentenced as follows:

(1) for a violation of subdivision 2, clause (1), (2), (5), deleted text begin or deleted text end (8) new text begin , or (9) new text end :

(i) to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the value of the property the person obtained or attempted to
obtain was more than $35,000, or the aggregate amount of the transactions under this
subdivision was more than $35,000; or

(ii) to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the value of the property the person obtained or attempted to
obtain was more than $2,500, or the aggregate amount of the transactions under this
subdivision was more than $2,500; or

(iii) to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both, if the value of the property the person obtained or attempted
to obtain was more than $250 but not more than $2,500, or the aggregate amount of the
transactions under this subdivision was more than $250 but not more than $2,500; or

(iv) to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both, if the value of the property the person obtained or attempted
to obtain was not more than $250, or the aggregate amount of the transactions under
this subdivision was not more than $250, and the person has previously been convicted
within the preceding five years for an offense under this section, section 609.24; 609.245;
609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.631, or a statute
from another state in conformity with any of those sections, and the person received a
felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under
section 609.135 if the offense to which a plea was entered would allow imposition of a
felony or gross misdemeanor sentence; or

(v) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the property the person obtained or attempted to
obtain was not more than $250, or the aggregate amount of the transactions under this
subdivision was not more than $250;

(2) for a violation of subdivision 2, clause (3) or (4), to imprisonment for not more
than three years or to payment of a fine of not more than $5,000, or both; or

(3) for a violation of subdivision 2, clause (6) or (7):

(i) if no property, other than a financial transaction card, has been obtained by the
defendant by means of the false statement or false report, to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both; or

(ii) if property, other than a financial transaction card, is so obtained, in the manner
provided in clause (1).

(b) In any prosecution under paragraph (a), clause (1), the value of the transactions
made or attempted within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this section. When two or more offenses
are committed by the same person in two or more counties, the accused may be prosecuted
in any county in which one of the card transactions occurred for all of the transactions
aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 36.

Minnesota Statutes 2014, section 626.556, subdivision 10, is amended to read:

Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of report.

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

(1) shall conduct an investigation on reports involving substantial child
endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that substantial child
endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege substantial child
endangerment. In determining that a family assessment is appropriate, the local welfare
agency may consider issues of child safety, parental cooperation, and the need for an
immediate response; deleted text begin and
deleted text end

(4) may conduct a family assessment on a report that was initially screened and
assigned for an investigation. In determining that a complete investigation is not required,
the local welfare agency must document the reason for terminating the investigation and
notify the local law enforcement agency if the local law enforcement agency is conducting
a joint investigation deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) shall provide immediate notice, according to section 260.761, subdivision 2, to
an Indian child's tribe when the agency has reason to believe the family assessment or
investigation may involve an Indian child. For purposes of this clause, "immediate notice"
means notice provided within 24 hours.
new text end

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
or individual functioning within the family unit as a person responsible for the child's
care, or sexual abuse by a person with a significant relationship to the child when that
person resides in the child's household or by a sibling, the local welfare agency shall
immediately conduct a family assessment or investigation as identified in clauses (1) to
(4). In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence and offer
services for purposes of preventing future child maltreatment, safeguarding and enhancing
the welfare of the abused or neglected minor, and supporting and preserving family
life whenever possible. If the report alleges a violation of a criminal statute involving
sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the
local law enforcement agency and local welfare agency shall coordinate the planning and
execution of their respective investigation and assessment efforts to avoid a duplication of
fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of
the results of its investigation. In cases of alleged child maltreatment resulting in death,
the local agency may rely on the fact-finding efforts of a law enforcement investigation
to make a determination of whether or not maltreatment occurred. When necessary the
local welfare agency shall seek authority to remove the child from the custody of a parent,
guardian, or adult with whom the child is living. In performing any of these duties, the
local welfare agency shall maintain appropriate records.

If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
Rules, part 9530.6615.

(b) When a local agency receives a report or otherwise has information indicating
that a child who is a client, as defined in section 245.91, has been the subject of physical
abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
245.91, it shall, in addition to its other duties under this section, immediately inform the
ombudsman established under sections 245.91 to 245.97. The commissioner of education
shall inform the ombudsman established under sections 245.91 to 245.97 of reports
regarding a child defined as a client in section 245.91 that maltreatment occurred at a
school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.

(c) Authority of the local welfare agency responsible for assessing or investigating
the child abuse or neglect report, the agency responsible for assessing or investigating
the report, and of the local law enforcement agency for investigating the alleged abuse or
neglect includes, but is not limited to, authority to interview, without parental consent,
the alleged victim and any other minors who currently reside with or who have resided
with the alleged offender. The interview may take place at school or at any facility or
other place where the alleged victim or other minors might be found or the child may be
transported to, and the interview conducted at, a place appropriate for the interview of a
child designated by the local welfare agency or law enforcement agency. The interview
may take place outside the presence of the alleged offender or parent, legal custodian,
guardian, or school official. For family assessments, it is the preferred practice to request
a parent or guardian's permission to interview the child prior to conducting the child
interview, unless doing so would compromise the safety assessment. Except as provided in
this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible
local welfare or law enforcement agency no later than the conclusion of the investigation
or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota
Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte
motion by the local welfare agency, order that, where reasonable cause exists, the agency
withhold notification of this interview from the parent, legal custodian, or guardian. If the
interview took place or is to take place on school property, the order shall specify that
school officials may not disclose to the parent, legal custodian, or guardian the contents
of the notification of intent to interview the child on school property, as provided under
this paragraph, and any other related information regarding the interview that may be a
part of the child's school record. A copy of the order shall be sent by the local welfare or
law enforcement agency to the appropriate school official.

(d) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification
shall include the name of the child to be interviewed, the purpose of the interview, and
a reference to the statutory authority to conduct an interview on school property. For
interviews conducted by the local welfare agency, the notification shall be signed by the
chair of the local social services agency or the chair's designee. The notification shall be
private data on individuals subject to the provisions of this paragraph. School officials
may not disclose to the parent, legal custodian, or guardian the contents of the notification
or any other related information regarding the interview until notified in writing by the
local welfare or law enforcement agency that the investigation or assessment has been
concluded, unless a school employee or agent is alleged to have maltreated the child.
Until that time, the local welfare or law enforcement agency or the agency responsible
for assessing or investigating a report of maltreatment shall be solely responsible for any
disclosures regarding the nature of the assessment or investigation.

Except where the alleged offender is believed to be a school official or employee,
the time and place, and manner of the interview on school premises shall be within the
discretion of school officials, but the local welfare or law enforcement agency shall have
the exclusive authority to determine who may attend the interview. The conditions as to
time, place, and manner of the interview set by the school officials shall be reasonable and
the interview shall be conducted not more than 24 hours after the receipt of the notification
unless another time is considered necessary by agreement between the school officials and
the local welfare or law enforcement agency. Where the school fails to comply with the
provisions of this paragraph, the juvenile court may order the school to comply. Every
effort must be made to reduce the disruption of the educational program of the child, other
students, or school staff when an interview is conducted on school premises.

(e) Where the alleged offender or a person responsible for the care of the alleged
victim or other minor prevents access to the victim or other minor by the local welfare
agency, the juvenile court may order the parents, legal custodian, or guardian to produce
the alleged victim or other minor for questioning by the local welfare agency or the local
law enforcement agency outside the presence of the alleged offender or any person
responsible for the child's care at reasonable places and times as specified by court order.

(f) Before making an order under paragraph (e), the court shall issue an order to
show cause, either upon its own motion or upon a verified petition, specifying the basis for
the requested interviews and fixing the time and place of the hearing. The order to show
cause shall be served personally and shall be heard in the same manner as provided in
other cases in the juvenile court. The court shall consider the need for appointment of a
guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
litem shall be present at the hearing on the order to show cause.

(g) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(h) The local welfare agency responsible for conducting a family assessment or
investigation shall collect available and relevant information to determine child safety,
risk of subsequent child maltreatment, and family strengths and needs and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreement. The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information
to ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's relationship to the
child and to the alleged offender, and the basis of the reporter's knowledge for the report;
the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the alleged maltreatment. The
local welfare agency or the agency responsible for investigating the report may make a
determination of no maltreatment early in an investigation, and close the case and retain
immunity, if the collected information shows no basis for a full investigation.

Information relevant to the assessment or investigation must be asked for, and
may include:

(1) the child's sex and age, prior reports of maltreatment, information relating
to developmental functioning, credibility of the child's statement, and whether the
information provided under this clause is consistent with other information collected
during the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the
child; (ii) prior medical records relating to the alleged maltreatment or the care of the
child maintained by any facility, clinic, or health care professional and an interview with
the treating professionals; and (iii) interviews with the child's caretakers, including the
child's parent, guardian, foster parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have knowledge regarding the alleged
maltreatment and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of
the child, and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report
from collecting other relevant information necessary to conduct the assessment or
investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare
agency has access to medical data and records for purposes of clause (3). Notwithstanding
the data's classification in the possession of any other agency, data acquired by the
local welfare agency or the agency responsible for assessing or investigating the report
during the course of the assessment or investigation are private data on individuals and
must be maintained in accordance with subdivision 11. Data of the commissioner of
education collected or maintained during and for the purpose of an investigation of
alleged maltreatment in a school are governed by this section, notwithstanding the data's
classification as educational, licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
contact with the child reported to be maltreated and with the child's primary caregiver
sufficient to complete a safety assessment and ensure the immediate safety of the child.
The face-to-face contact with the child and primary caregiver shall occur immediately
if substantial child endangerment is alleged and within five calendar days for all other
reports. If the alleged offender was not already interviewed as the primary caregiver, the
local welfare agency shall also conduct a face-to-face interview with the alleged offender
in the early stages of the assessment or investigation. At the initial contact, the local child
welfare agency or the agency responsible for assessing or investigating the report must
inform the alleged offender of the complaints or allegations made against the individual in
a manner consistent with laws protecting the rights of the person who made the report.
The interview with the alleged offender may be postponed if it would jeopardize an active
law enforcement investigation.

(j) When conducting an investigation, the local welfare agency shall use a question
and answer interviewing format with questioning as nondirective as possible to elicit
spontaneous responses. For investigations only, the following interviewing methods and
procedures must be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with
the alleged victim and child witnesses.

(k) In conducting an assessment or investigation involving a school facility as
defined in subdivision 2, paragraph (i), the commissioner of education shall collect
available and relevant information and use the procedures in paragraphs (i), (k), and
subdivision 3d, except that the requirement for face-to-face observation of the child
and face-to-face interview of the alleged offender is to occur in the initial stages of the
assessment or investigation provided that the commissioner may also base the assessment
or investigation on investigative reports and data received from the school facility and
local law enforcement, to the extent those investigations satisfy the requirements of
paragraphs (i) and (k), and subdivision 3d.

Sec. 37. new text begin OBSOLETE RULES REGARDING PRIOR AUTHORIZATIONS FOR
MEDICAL SUPPLIES AND EQUIPMENT.
new text end

new text begin (a) The commissioner of human services shall amend Minnesota Rules, part
9505.0310, subpart 3, to remove the following medical supplies and equipment from the
list for which prior authorization is required as a condition of medical assistance payment:
a nondurable medical supply that costs more than the performance agreement limit;
and durable medical equipment, prostheses, and orthoses if the cost of their purchase,
projected cumulative rental for the period of the recipient's expected use, or repairs
exceeds the performance agreement limit.
new text end

new text begin (b) The commissioner of human services shall amend Minnesota Rules, part
9505.0365, subpart 3, to remove the requirement that prior authorization for an ambulatory
aid is required for an aid that costs in excess of the limits specified in the provider's
performance agreement.
new text end

new text begin (c) The commissioner may use the good cause exemption in Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this section. Minnesota
Statutes, section 14.386, does not apply except as provided in Minnesota Statutes, section
14.388.
new text end