Engrossments
Introduction		Posted on 03/11/2024
1st Engrossment		Posted on 04/18/2024

ARTICLE 1

MINNESOTA INDIAN FAMILY PRESERVATION ACT PROVISIONS

Section 1.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 1a, is
amended to read:

Subd. 1a.

Active efforts.

new text begin (a) new text end "Active efforts" means a rigorous and concerted level of
effort new text begin to preserve the Indian child's family new text end that is ongoing throughout the involvement of
the child-placing agency deleted text begin to continuously involve the Indian child's Tribe and that uses thedeleted text end new text begin
or the petitioner with the Indian child. Active efforts require the engagement of the Indian
child, the Indian child's parents, the Indian custodian, the extended family, and the Tribe in
using thenew text end prevailing social and cultural values, conditions, and way of life of the Indian
child's Tribe tonew text begin : (1)new text end preserve the Indian child's family deleted text begin anddeleted text end new text begin ; (2)new text end prevent placement of an
Indian child deleted text begin and,deleted text end new text begin ; (3)new text end if placement occurs, to return the Indian child to the new text begin Indian new text end child's
family at the earliest possible timenew text begin ; and (4) where a permanent change in parental rights or
custody are necessary, ensure the Indian child retains meaningful connections to the Indian
child's family, extended family, and Tribenew text end .

new text begin (b)new text end Active efforts deleted text begin under sectiondeleted text end new text begin for all Indian child placements includes this section and
sections 260.012 andnew text end 260.762 new text begin and new text end require a higher standard than reasonable efforts new text begin as defined
in section 260.012 new text end to preserve the family, prevent breakup of the family, and reunify the
family. Active efforts deleted text begin include reasonable efforts as required by Title IV-E of the Social
Security Act, United States Code, title 42, sections 670 to 679cdeleted text end new text begin are required for all Indian
child placement proceedings and for all voluntary Indian child placements that involve a
child-placing agency regardless of whether the reasonable efforts would have been relieved
under section 260.012new text end .

Sec. 2.

Minnesota Statutes 2022, section 260.755, subdivision 2a, is amended to read:

Subd. 2a.

Best interests of an Indian child.

"Best interests of an Indian child" means
compliance with the new text begin federal new text end 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 new text begin Indian new text end 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.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 3, is amended
to read:

Subd. 3.

Child placement proceeding.

(a) "Child placement proceeding" includes a
judicial proceeding which could result in:

(1) "adoptive placement," meaning the permanent placement of an Indian child for
adoption, including an action resulting in a final decree of adoption;

(2) "involuntary foster care placement," meaning an action removing an Indian child
from the child's parents or Indian custodian for temporary placement in a foster home,
institution, or the home of a guardian. The parent or Indian custodian cannot have the Indian
child returned upon demand, but parental rights have not been terminated;

(3) "preadoptive placement," meaning the temporary placement of an Indian child in a
foster home or institution after the termination of parental rights, before or instead of adoptive
placement; or

(4) "termination of parental rights," meaning an action resulting in the termination of
the parent-child relationship under section 260C.301.

(b) The term child placement proceeding new text begin is a domestic relations proceeding that new text end includes
all placements where Indian children are placed deleted text begin out-of-home ordeleted text end away from the care, custody,
and control of their parent or parents or Indian custodian that do not implicate custody
between the parents. Child placement proceeding also includes any placement based upon
juvenile status offensesdeleted text begin ,deleted text end but does not include a placement based upon an act which if
committed by an adult would be deemed a crime, or upon an award of custody in a divorce
proceeding to one of the parents.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 3a, is amended
to read:

Subd. 3a.

Child-placing agency.

"Child-placing agency" means a public, private, or
nonprofit legal entity: (1) providing assistance to deleted text begin adeleted text end new text begin an Indiannew text end child and the new text begin Indian new text end child's
deleted text begin parent ordeleted text end parentsnew text begin or Indian custodiannew text end ; or (2) placing deleted text begin adeleted text end new text begin an Indiannew text end child in foster care or for
adoption on a voluntary or involuntary basis.

Sec. 5.

Minnesota Statutes 2022, section 260.755, subdivision 5, is amended to read:

Subd. 5.

Demand.

"Demand" means a written and notarized statement signed by a parent
or Indian custodian of deleted text begin adeleted text end new text begin an Indiannew text end child which requests the return of the new text begin Indian new text end child who
has been voluntarily placed in foster care.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 5b, is amended
to read:

Subd. 5b.

Extended family member.

"Extended family member" is as defined by the
law or custom of the Indian child's Tribe or, in the absence of any law or custom of the
Tribe, is 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.new text begin For the purposes of provision of active efforts and foster care
and permanency placement decisions, the legal parent, guardian, or custodian of the Indian
child's sibling is not an extended family member or relative of an Indian child unless they
are independently related to the Indian child or recognized by the Indian child's Tribe as an
extended family member.
new text end

Sec. 7.

Minnesota Statutes 2022, section 260.755, subdivision 14, is amended to read:

Subd. 14.

Parent.

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

Sec. 8.

Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to
read:

new text begin Subd. 15a. new text end

new text begin Petitioner. new text end

new text begin "Petitioner" means one or more individuals other than a parent
or Indian custodian who has filed a petition or motion seeking a grant of temporary or
permanent guardianship, custody, or adoption of an Indian child.
new text end

Sec. 9.

Minnesota Statutes 2022, section 260.755, subdivision 17a, is amended to read:

Subd. 17a.

Qualified expert witness.

"Qualified expert witness" means an individual
who deleted text begin (1) has specific knowledge of the Indian child's tribe's culture and customs, ordeleted text end meets
the criteria in section 260.771, subdivision 6, paragraph (d), and deleted text begin (2)deleted text end provides testimony as
required by the Indian Child Welfare Act of 1978, United States Code, title 25, section
1912, new text begin and the Minnesota Indian Family Preservation Act, new text end regarding deleted text begin out-of-home placement
or termination of parental rightsdeleted text end new text begin child placement or permanency proceedingsnew text end relating to an
Indian child.

Sec. 10.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 20, is amended
to read:

Subd. 20.

Tribal court.

"Tribal court" means a court with jurisdiction over child custody
proceedings and which is either a court of Indian offenses, deleted text begin ordeleted text end a court established and operated
under the code or custom of an Indian Tribe, or any other administrative body of a Tribe
which is vested with authority over child custody proceedings.

Sec. 11.

Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision
to read:

new text begin Subd. 20a. new text end

new text begin Tribal representative. new text end

new text begin "Tribal representative" means a representative
designated by and acting on behalf of a Tribe in connection with an Indian child placement
proceeding as defined in subdivision 3. It is not required that the designated representative
be an attorney to represent the Tribe in these matters. An individual appearing as a Tribal
representative on behalf of a Tribe and participating in a court proceeding under this chapter
is not engaged in the unauthorized practice of law.
new text end

Sec. 12.

Minnesota Statutes 2023 Supplement, section 260.755, subdivision 22, is amended
to read:

Subd. 22.

Voluntary foster care placement.

"Voluntary foster care placement" means
a decision in which there has been participation by a child-placing agency resulting in the
temporary placement of an Indian child away from the home of the new text begin Indian new text end child's parents
or Indian custodian in a foster home, institution, or the home of a guardian, and the parent
or Indian custodian may have the new text begin Indian new text end child returned upon demand.

Sec. 13.

Minnesota Statutes 2023 Supplement, section 260.758, subdivision 2, is amended
to read:

Subd. 2.

Temporary emergency jurisdiction of state courts.

(a) The child-placing
agencynew text begin , petitioner,new text end or court shall ensure that the emergency removal or placement terminates
immediately when removal or placement is no longer necessary to prevent imminent physical
damage or harm to the Indian child. The child-placing agencynew text begin , petitioner,new text end or court shall
expeditiously initiate a child placement proceeding subject to the provisions of sections
260.751 to 260.835, transfer the new text begin Indian new text end child to the jurisdiction of the appropriate Indian
Tribe, or return the Indian child to the Indian child's parent or Indian custodian as may be
appropriate.

(b) If the Indian child is a resident of or is domiciled on a reservation but temporarily
located off the reservation, a court of this state has only temporary emergency jurisdiction
until the Indian child is transferred to the jurisdiction of the appropriate Indian Tribe unless
the Indian child's Tribe has expressly declined to exercise its jurisdiction, or the Indian child
is returned to the Indian child's parent or Indian custodian.

Sec. 14.

Minnesota Statutes 2023 Supplement, section 260.758, subdivision 4, is amended
to read:

Subd. 4.

Emergency proceeding requirements.

(a) The court shall hold a hearing no
later than 72 hours, excluding weekends and holidays, after the emergency removal of the
Indian child. The court shall determine whether the emergency removal continues to be
necessary to prevent imminent physical damage or harm to the Indian child.

(b) The court shall hold additional hearings whenever new information indicates that
the emergency situation has ended and new text begin must determine new text end at any court hearing during the
emergency proceeding deleted text begin to determinedeleted text end whether the emergency removal or placement is no
longer necessary to prevent imminent physical damage or harm to the Indian child.

Sec. 15.

Minnesota Statutes 2023 Supplement, section 260.758, subdivision 5, is amended
to read:

Subd. 5.

Termination of emergency removal or placement.

(a) An emergency removal
or placement of an Indian child must immediately terminate once the child-placing agency
or court possesses sufficient evidence to determine that the emergency removal or placement
is no longer necessary to prevent imminent physical damage or harm to the Indian child
and the Indian child shall be immediately returned to the custody of the Indian child's parent
or Indian custodian.

(b) An emergency removal or placement ends when the Indian child is transferred to
the jurisdiction of the Indian child's Tribe, or when the court orders, after service upon the
Indian child's parents, Indian custodian, and Indian child's Tribe, deleted text begin thatdeleted text end new text begin placement ofnew text end the
Indian child deleted text begin shall be placed in foster caredeleted text end upon a determination supported by clear and
convincing evidence, including testimony by a qualified expert witness, that custody of the
Indian child by the Indian child's parent or Indian custodian is likely to result in serious
emotional or physical damage to the Indian child.

(c) In no instance shall emergency removal or emergency placement of an Indian child
extend beyond 30 days unless the court finds by a showing of clear and convincing evidence
that: (1) continued emergency removal or placement is necessary to prevent imminent
physical damage or harm to the Indian child; (2) the court has been unable to transfer the
proceeding to the jurisdiction of the Indian child's Tribal court; and (3) it has not been
possible to initiate a child placement proceeding with all of the protections under sections
260.751 to 260.835, including obtaining the testimony of a qualified expert witness.

Sec. 16.

Minnesota Statutes 2023 Supplement, section 260.761, is amended to read:

260.761 INQUIRY OF TRIBAL LINEAGE; NOTICE TO TRIBES, PARENTS,
AND INDIAN CUSTODIANS; ACCESS TO FILES.

Subdivision 1.

Inquiry of Tribal lineage.

new text begin (a) new text end The child-placing agency or deleted text begin individualdeleted text end
petitioner shall 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 child-placing agency or deleted text begin individualdeleted text end petitioner and shall continue
throughout the involvement of the child-placing agency or deleted text begin individualdeleted text end petitioner.

new text begin (b) In any child placement proceeding, the court shall inquire of the child, the child's
parents, custodian, and any person participating in the proceedings whether the child has
any American Indian heritage or lineage to an Indian Tribe. The inquiry shall be made at
the commencement of the proceeding and all responses must be on the record. The court
must instruct the parties to inform the court if they subsequently receive information that
provides reason to believe the child is an Indian child.
new text end

new text begin (c) If there is reason to believe the child is an Indian child, but the court does not have
sufficient evidence to determine whether the child is an Indian child, the court shall:
new text end

new text begin (1) confirm with a report, declaration, or testimony in the record that the child-placing
agency or petitioner used due diligence to identify and work with all of the Tribes for which
there is reason to believe the child may be a member of or eligible for membership to verify
whether the child is an Indian child; and
new text end

new text begin (2) proceed with the case as if the child is an Indian child until it is determined on the
record that the child does not meet the definition of Indian child.
new text end

Subd. 2.

Notice deleted text begin to Tribesdeleted text end of services or court proceedings involving an Indian
child.

(a) When a child-placing agency new text begin or petitioner new text end has information that a family assessment,
investigation, or noncaregiver sex trafficking assessment being conducted may involve an
Indian child, the child-placing agency new text begin or petitioner new text end shall notify the Indian child's Tribe of
the family assessment, investigation, or noncaregiver sex trafficking assessment according
to section 260E.18. The child-placing agency new text begin or petitioner new text end shall provide initial notice by
telephone and by email or facsimile and shall include 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. If
information regarding the child's grandparents or Indian custodian is not immediately
available, the child-placing agency new text begin or petitioner new text end 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. The child-placing agency new text begin or petitioner new text end 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. The child-placing agency new text begin or petitioner new text end shall continue to include the Tribe in service
planning and updates as to the progress of the case.

(b) When a child-placing agency new text begin or petitioner new text end has information that a child receiving
services may be an Indian child, the child-placing agency new text begin or petitioner new text end shall notify the Tribe
by telephone and by email 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 for the Tribe to determine if the child is a member or eligible for Tribal
membership, and the new text begin child-placing new text end agency new text begin or petitioner new text end must provide this notification to
the Tribe within seven days of receiving information that the child may be an Indian child.
If information regarding the child's grandparents or Indian custodian is not available within
the seven-day period, the child-placing agency new text begin or petitioner new text end 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.

(c) In all child placement proceedings, 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 email or facsimile of the date, time, and location of the
emergency protective care or other initial hearing. The court shall deleted text begin make efforts to allow
appearances by telephone or video conference for Tribal representatives, parents, and Indian
custodiansdeleted text end new text begin allow appearances by telephone, video conference, or other electronic medium
for Tribal representatives, the Indian child's parents, or the Indian custodiannew text end .

(d) new text begin In all child placement proceedings, except for adoptive or preadoptive placement
proceedings, when a court has reason to believe the child is an Indian child, new text end the child-placing
agency or deleted text begin individualdeleted text end petitioner shall deleted text begin effect service of any petition governed by sections
260.751 to 260.835deleted text end new text begin provide notice of the proceedings and a copy of any petition to the
Indian child's parents, Indian custodian, and the Indian child's Tribe and shall effect service
of any notice and petition governed by sections 260.751 to 260.835 upon the parent, Indian
custodian, and the Indian child's Tribenew text end by certified mail or registered mail, return receipt
requested deleted text begin upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least
10 days before the admit-deny hearing is helddeleted text end . If the identity or location of the Indian child's
parents or Indian custodian deleted text begin anddeleted text end new text begin ornew text end Tribe cannot be determined, the child-placing agency new text begin or
petitioner new text end shall provide the notice required in this paragraph to the United States Secretary
of the Interior, Bureau of Indian Affairs by certified new text begin or registered new text end mail, return receipt
requested.new text begin Where service is only accomplished through the United States Secretary of the
Interior, Bureau of Indian Affairs, the initial hearing shall not be held until 20 days after
notice upon the Tribe or the Secretary of the Interior.
new text end

new text begin (e) Notice under this subdivision must be in clear and understandable language and
include the following:
new text end

new text begin (1) the child's name, date of birth, and birth place;
new text end

new text begin (2) all names known for the parents and Indian custodian, including maiden, married,
former names, and aliases, correctly spelled;
new text end

new text begin (3) the dates of birth, birth place, and Tribal enrollment numbers of the Indian child, the
Indian child's parents, and the Indian custodian, if known;
new text end

new text begin (4) the full names, dates of birth, birth places, and Tribal enrollment or affiliation
information of direct lineal ancestors of the child, other extended family members, and
custodians of the child, if known;
new text end

new text begin (5) the name of any and all Indian Tribes in which the child is or may be a member or
eligible for membership in; and
new text end

new text begin (6) statements setting out:
new text end

new text begin (i) the name of the petitioner and name and address of the petitioner's attorney;
new text end

new text begin (ii) the right of any parent or Indian custodian of the Indian child, to intervene in the
child placement proceedings, if not already a party;
new text end

new text begin (iii) the right of the Indian child's Tribe to intervene in the proceedings at any time;
new text end

new text begin (iv) the right of the Indian child, the Indian child's parent, and the Indian custodian to
court-appointed counsel if they meet the requirements in section 611.17;
new text end

new text begin (v) the right to be granted, upon request, up to 20 additional days to prepare for the
child-placement proceedings;
new text end

new text begin (vi) the right of the Indian child's parent, the Indian custodian, and the Indian child's
Tribe to petition the court for transfer of the proceedings to Tribal court;
new text end

new text begin (vii) the mailing addresses and telephone numbers of the court and information related
to all parental and custodial rights of the parent or Indian custodian; and
new text end

new text begin (viii) that all parties must maintain confidentiality of all information contained in the
notice and must not provide the information to anyone other than their attorney.
new text end

deleted text begin (e)deleted text end new text begin (f)new text end A Tribe, the Indian child's parents, or the Indian custodian may request up to 20
additional days to prepare for the deleted text begin admit-denydeleted text end new text begin initialnew text end hearing. The court shall allow
appearances by telephone, video conference, or other electronic medium for Tribal
representatives, the Indian child's parents, or the Indian custodian.

deleted text begin (f)deleted text end new text begin (g)new text end A child-placing agency or deleted text begin individualdeleted text end petitioner 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 child-placing
agency, deleted text begin individualdeleted text end petitioner, 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 in a case at any time. At any stage of
the child-placing deleted text begin agency'sdeleted text end new text begin agency or petitioner'snew text end involvement with an Indian child, the
new text begin child-placing new text end agency new text begin or petitioner new text end shall provide full cooperation to the Tribal social services
agency, including disclosure of all data concerning the Indian child. Nothing in this
subdivision relieves the child-placing agency new text begin or petitioner new text end of satisfying the notice
requirements in state or federal law.

new text begin (h) The court shall allow appearances by telephone, video conference, or other electronic
means for Tribal representatives at all hearings and trials. The court shall allow appearances
by telephone, video conference, or other electronic means for the Indian child's parents or
Indian custodian for all hearings, except that the court may require an in-person appearance
for trials or other evidentiary or contested hearings.
new text end

Subd. 3.

Notice of potential preadoptive or adoptive placement.

In any adoptive or
preadoptive placement proceeding, including voluntary proceedings, where any party or
participant has reason to believe that a child who is the subject of an adoptive or preadoptive
placement proceeding is or may be an "Indian child," as defined in section 260.755,
subdivision 8, and United States Code, title 25, section 1903(4), the child-placing agency
or deleted text begin individualdeleted text end petitioner shall notify the Indian child's Tribe by registered mail or certified
mail with return receipt requested of the pending proceeding and of the right of intervention
under subdivision 6. If the identity or location of the new text begin Indian new text end child's Tribe cannot be
determined, the notice must be given to the United States Secretary of Interior in like manner.
No preadoptive or adoptive placement proceeding may be held until at least 20 days after
receipt of the notice by the Tribe or the secretary. Upon request, the Tribe must be granted
up to 20 additional days to prepare for the proceeding. The child-placing agency or deleted text begin individualdeleted text end
petitioner shall include in the notice the identity of the birth parents andnew text begin Indiannew text end child absent
written objection by the birth parents. The child-placing agency new text begin or petitioner new text end shall inform
the birth parents of the Indian child of any services available to the Indian child through the
child's Tribal social services agency, including child placement services, and shall
additionally provide the birth parents of the Indian child with all information sent from the
Tribal social services agency in response to the notice.

Subd. 4.

Unknown father.

If the child-placing agency, deleted text begin individualdeleted text end petitioner, the court,
or any party has reason to believe that a child who is the subject of a child placement
proceeding is or may be an Indian child but the father of the child is unknown and has not
registered with the fathers' adoption registry pursuant to section 259.52, the child-placing
agency or deleted text begin individualdeleted text end petitioner shall provide to the Tribe believed to be the Indian child's
Tribe information sufficient to enable the Tribe to determine the child's eligibility for
membership in the Tribe, including, but not limited to, the legal and maiden name of the
birth mother, her date of birth, the names and dates of birth of her parents and grandparents,
and, if available, information pertaining to the possible identity, Tribal affiliation, or location
of the birth father. new text begin If the identity or location of the Indian child's Tribe cannot be determined,
the notice must be given to the United States Secretary of Interior in like manner.
new text end

Subd. 5.

Proof of service of notice upon Tribe or secretary.

In cases where a
child-placing agency or party to an adoptive placement knows or has reason to believe that
a child is or may be an Indian child, proof of service upon the new text begin Indian new text end child's Tribe or the
secretary of interior must be filed with the adoption petition.

Subd. 6.

Indian Tribe's right of intervention.

In any child placement proceeding under
sections 260.751 to 260.835, the Indian child's Tribe shall have a right to intervene at any
point in the proceeding.

Subd. 6a.

Indian Tribe's access to files.

At any stage of the child-placing deleted text begin agency'sdeleted text end new text begin
agency or petitioner'snew text end involvement with an Indian child, the child-placing agency new text begin or petitioner
new text end shall, upon request, give the Tribal social services agency full cooperation including access
to all files concerning the Indian child. If the files contain confidential or private data, the
child-placing agency new text begin or petitioner new text end may require execution of an agreement with the Tribal
social services agency to maintain the data according to statutory provisions applicable to
the data.

Sec. 17.

Minnesota Statutes 2023 Supplement, section 260.762, is amended to read:

260.762 DUTY TO PREVENT OUT-OF-HOMEnew text begin CHILDnew text end PLACEMENTnew text begin ,new text end
new text begin PRESERVE THE CHILD'S FAMILY, new text end AND PROMOTE FAMILY REUNIFICATION;
ACTIVE EFFORTS.

Subdivision 1.

Active efforts.

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 familynew text begin regardless of whether the Indian child's Tribe has
intervened in the proceedingsnew text end . deleted text begin Active efforts are not required to prevent voluntary
out-of-home placement and to effect voluntary permanency for the Indian child.
deleted text end

deleted text begin Subd. 2. deleted text end

deleted text begin Requirements for child-placing agencies and individual petitioners. deleted text end

deleted text begin A
child-placing agency or individual petitioner shall:
deleted text end

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

deleted 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
deleted text end

deleted 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.
deleted text end

new text begin Subd. 2a. new text end

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

new text begin (a) A court shall not
order a child placement, termination of parental rights, guardianship to the commissioner
of human services under section 260C.325, or temporary or permanent change in custody
of an Indian child unless the court finds that the child-placing agency or petitioner
demonstrated that active efforts were made to preserve the Indian child's family. Active
efforts to preserve the Indian child's family include efforts to prevent placement of the Indian
child to correct the conditions that led to the placement by ensuring remedial services and
rehabilitative programs designed to prevent the breakup of the family were provided in a
manner consistent with the prevailing social and cultural conditions of the Indian child's
Tribe and in partnership with the Indian child, the Indian child's parents, the Indian custodian,
extended family members, and Tribe, and that these efforts have proved unsuccessful.
new text end

new text begin (b) The court, in determining whether active efforts were made to preserve the Indian
child's family for purposes of child placement or permanency, shall ensure the provision of
active efforts designed to correct the conditions that led to the placement of the Indian child
and shall make findings regarding whether the following activities were appropriate and
necessary, and whether the child-placing agency or petitioner ensured appropriate and
meaningful services were available based upon the family's specific needs, whether listed
in this paragraph or not:
new text end

new text begin (1) whether active efforts were made at the earliest point possible to inquire into the
child's heritage, to identify any federally recognized Indian Tribe the child may be affiliated
with, to notify all potential Tribes at the earliest point possible, and to request participation
of the Indian child's Tribe;
new text end

new text begin (2) whether a Tribally designated representative with substantial knowledge of the
prevailing social and cultural standards and child-rearing practices within the Tribal
community was provided an opportunity to consult with and be involved in any investigations
or assessments of the family's circumstances, participate in identifying the family's needs,
and participate in development of any plan to keep the Indian child safely in the home,
identify services designed to prevent the breakup of the Indian child's family, and to reunify
the Indian child's family as soon as safety can be assured if out-of-home placement has
occurred;
new text end

new text begin (3) whether the Tribal representative was provided with all information available
regarding the proceeding, and whether it was requested that the Tribal representative assist
in identifying services designed to prevent the breakup of the Indian child's family and to
reunify the Indian child's family as soon as safety can be assured if out-of-home placement
has occurred;
new text end

new text begin (4) whether, before making a decision that may affect an Indian child's safety and
well-being or when contemplating placement of an Indian child, guidance from the Indian
child's Tribe was sought regarding family structure, how the family can seek help, what
family and Tribal resources are available, and what barriers the family faces that could
threaten the family's preservation;
new text end

new text begin (5) whether a Tribal representative was consulted to determine and arrange for visitation
in the most natural setting that ensures the Indian child's safety, when the Indian child's
safety requires supervised visitation;
new text end

new text begin (6) whether early and ongoing efforts occurred to identify, locate, and include extended
family members as supports for the Indian child and the Indian child's family;
new text end

new text begin (7) whether continued active efforts were made to identify and place the Indian child in
a home that is compliant with the placement preferences in sections 260.751 to 260.835,
including whether extended family members were consulted to provide support to the Indian
child and Indian child's parents; to inform the child-placing agency, petitioner, and court
as to cultural connections and family structure; to assist in identifying appropriate cultural
services and supports for the Indian child and Indian child's parents; and to identify and
serve as placement and permanency resources for the Indian child. If there was difficulty
contacting or engaging 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 (8) whether services and resources were provided to extended family members who are
considered the primary placement option for an Indian child, as agreed upon by the
child-placing agency or petitioner and the Tribe, to overcome licensing and other barriers
to providing care to an Indian child. The need for services or resources shall not be a basis
to exclude an extended family member from consideration as a primary placement. Services
and resources include but are not limited to child care assistance, financial assistance,
housing resources, emergency resources, and foster care licensing assistance and resources;
new text end

new text begin (9) whether concrete services and access to both Tribal and non-Tribal services were
provided to the Indian child's parents and Indian custodian and, where necessary, members
of the Indian child's extended family members who provide support to the Indian child and
the Indian child's parents; and whether these services were provided in an ongoing manner
throughout the child-placing agency or petitioner's involvement with the Indian family to
directly assist the Indian family in accessing and utilizing services to maintain the Indian
family, or to reunify the Indian family as soon as safety can be assured if out-of-home
placement has occurred. Services include but are not limited to financial assistance, food,
housing, health care, transportation, in-home services, community support services, and
specialized services; and
new text end

new text begin (10) whether visitation occurred whenever possible in the home of the Indian child's
parent, Indian custodian, or extended family member or in another noninstitutional setting
in order to keep the Indian child in close contact with the Indian child's parents, siblings,
and other relatives regardless of the Indian child's age and to allow the Indian child and
those with whom the Indian child visits to have natural, unsupervised interaction when
consistent with protecting the child's safety.
new text end

new text begin Subd. 2b. new text end

new text begin Adoptions. new text end

new text begin For adoptions under chapter 259, the court may find that active
efforts were made to prevent placement of an Indian child or to reunify the Indian child
with the Indian child's parents upon a finding that: (1) subdivision 2a, paragraph (b), clauses
(1) to (4), were met; (2) the Indian child's parent knowingly and voluntarily consented to
placement of the Indian child for adoption on the record as described in section 260.765,
subdivision 3a; (3) fraud was not present, and the Indian child's parent was not under duress;
(4) the Indian child's parent was offered and declined services that would enable the Indian
child's parent to maintain custody of the Indian child; and (5) the Indian child's parent was
counseled on alternatives to adoption, and adoption contact agreements.
new text end

deleted text begin Subd. 3. deleted text end

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

deleted text begin (a) Any party seeking
to affect a termination of parental rights, other permanency action, or a placement where
custody of an Indian child may be temporarily or permanently transferred to a person or
entity who is not the Indian child's parent or Indian custodian, and where the Indian child's
parent or Indian custodian cannot have the Indian child returned to their care upon demand,
must satisfy the court that active efforts have been made to provide remedial services and
rehabilitative programs designed to prevent the breakup of the Indian family and that these
efforts have proved unsuccessful.
deleted text end

deleted text begin (b) A court shall not order an out-of-home or permanency placement for an Indian child
unless the court finds that the child-placing agency made active efforts to, as required by
section 260.012 and this section, provide remedial services and rehabilitative programs
designed to prevent the breakup of the Indian child's family, and that these efforts have
proved unsuccessful. To the extent possible, active efforts must be provided in a manner
consistent with the prevailing social and cultural conditions of the Indian child's Tribe and
in partnership with the Indian child, Indian parents, extended family, and Tribe.
deleted text end

deleted text begin (c) Regardless of whether the Indian child's Tribe has intervened in the proceedings, the
court, in determining whether the child-placing agency made active efforts to preserve the
Indian child's family for purposes of out-of-home placement and permanency, shall ensure
the provision of active efforts designed to correct the conditions that led to the out-of-home
placement of the Indian child and shall make findings regarding whether the following
activities were appropriate and necessary, and whether the child-placing agency made
appropriate and meaningful services, whether listed in this paragraph or not, available to
the family based upon that family's specific needs:
deleted text end

deleted text begin (1) whether the child-placing agency made efforts at the earliest point possible to (i)
identify whether a child may be an Indian child as defined in 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;
deleted text end

deleted text begin (2) whether the child-placing 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, provided the Tribally designated representative with all information available
regarding the case, and requested that the Tribally designated representative assist in
developing a case plan that uses Tribal and Indian community resources;
deleted text end

deleted text begin (3) whether the child-placing agency provided concrete services and access to both
Tribal and non-Tribal 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;
deleted text end

deleted text begin (4) whether the child-placing agency made early and ongoing efforts to identify, locate,
and include extended family members;
deleted text end

deleted text begin (5) whether the child-placing 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 child-placing 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;
deleted text end

deleted text begin (6) whether the child-placing agency provided services and resources to relatives who
are considered the primary placement option for an Indian child, as agreed by the
child-placing 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
deleted text end

deleted text begin (7) whether the child-placing 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 child-placing 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.
deleted text end

Sec. 18.

Minnesota Statutes 2023 Supplement, section 260.763, subdivision 1, is amended
to read:

Subdivision 1.

Indian Tribe jurisdiction.

(a) An Indian Tribe has exclusive jurisdiction
over all child placement proceedings involving an Indian child who resides or is domiciled
within the reservation of the Tribe, except where jurisdiction is otherwise vested in the state
by existing federal law.new text begin The child-placing agencies and the courts shall defer to a Tribal
determination of the Tribe's exclusive jurisdiction when an Indian child resides or is
domiciled within the reservation of the Tribe.
new text end

(b) Where an Indian child is a ward of the Tribal court, the Indian Tribe retains exclusive
jurisdiction, notwithstanding the residence or domicile of the child unless the Tribe agrees
to allow concurrent jurisdiction with the state.

(c) An Indian Tribe and the state of Minnesota share concurrent jurisdiction over a child
placement proceeding involving an Indian child who resides or is domiciled outside of the
reservation of the Tribenew text begin , or if the Tribe agrees to concurrent jurisdictionnew text end .

Sec. 19.

Minnesota Statutes 2023 Supplement, section 260.763, subdivision 4, is amended
to read:

Subd. 4.

Transfer of proceedings.

In any child placement proceeding, new text begin upon a motion
or request by the Indian child's parent, Indian custodian, or Tribe, new text end 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 new text begin of the Indian child's new text end parentnew text begin or the Indian custodiannew text end . The deleted text begin petitiondeleted text end new text begin
motion or requestnew text end to transfer may be deleted text begin fileddeleted text end new text begin madenew text end by the Indian child's parent, the Indian
custodian, or the Indian child's Tribenew text begin at any stage in the proceedings by: (1) filing a written
motion with the court and serving the motion upon the other parties; or (2) making a request
on the record during the hearing, which shall be reflected in the court's findings. A request
or motion to transfer made by a Tribal representative of the Indian child's Tribe under this
subdivision shall not be considered the unauthorized practice of lawnew text end . The transfer is subject
to declination by the Tribal court of the Tribe.

Sec. 20.

Minnesota Statutes 2023 Supplement, section 260.763, subdivision 5, is amended
to read:

Subd. 5.

Good cause to deny transfer.

(a) Establishing good cause to deny transfer of
jurisdiction to a Tribal court is a fact-specific inquiry to be determined on a case-by-case
basis. Socioeconomic conditions and the perceived adequacy of Tribal or Bureau of Indian
Affairs social services or judicial systems must not be considered in a determination that
good cause exists. The party opposed to transfer of jurisdiction to a Tribal court has the
burden to prove by clear and convincing evidence that good cause to deny transfer exists.
Opposition to a motion to transfer jurisdiction to Tribal court must be in writing and must
be served upon all parties.

(b) new text begin Upon a motion or request by an Indian child's parent, Indian custodian, or Tribe, new text end the
court deleted text begin may find good cause to deny transfer to Tribal court ifdeleted text end new text begin shall transfer jurisdiction to a
Tribal court unless the court determines that there is good cause to deny transfer based on
the followingnew text end :

(1) the Indian child's Tribe does not have a Tribal court or any other administrative body
of a Tribe vested with authority over child placement proceedings, as defined in section
260.755, subdivision 3, to which the case can be transferred, and no other Tribal court has
been designated by the Indian child's Tribe; or

(2) the evidence necessary to decide the case could not be adequately presented in the
Tribal court without undue hardship to the parties or the witnesses and the Tribal court is
unable to mitigate the hardship by any means permitted in the Tribal court's rules. Without
evidence of undue hardship, travel distance alone is not a basis for denying a transfer.

Sec. 21.

Minnesota Statutes 2023 Supplement, section 260.765, subdivision 2, is amended
to read:

Subd. 2.

Notice.

When an Indian child is voluntarily placed deleted text begin in foster caredeleted text end new text begin out of the care
of the Indian child's parent or Indian custodiannew text end , the child-placing agency involved in the
decision to place the new text begin Indian new text end child shall give notice new text begin as described in section 260.761 new text end of the
placement to the new text begin Indian new text end child's parent, parents, Indian custodian, and the Tribal social
services agency within seven days of placement, excluding weekends and holidays.

If a child-placing agency makes a temporary voluntary deleted text begin foster caredeleted text end placement pending
a decision on adoption by deleted text begin adeleted text end new text begin an Indian child'snew text end parentnew text begin or Indian custodiannew text end , notice of the
placement shall be given to the new text begin Indian new text end child's parents, Tribal social services agency, and
the Indian custodian upon the filing of a petition for termination of parental rights or three
months following the temporary placement, whichever occurs first.

Sec. 22.

Minnesota Statutes 2023 Supplement, section 260.765, subdivision 3a, is amended
to read:

Subd. 3a.

Court requirements for consent.

Where any parent or Indian custodian
voluntarily consents to a deleted text begin foster caredeleted text end new text begin childnew text end placement or to termination of parental rightsnew text begin or
adoptionnew text end , the consent shall not be valid unless executed in writing and recorded before a
judge and accompanied by the presiding judge's finding that the terms and consequences
of the consent were fully explained in detail and were fully understood by the parent or
Indian custodian. The court shall also find that either the parent or Indian custodian fully
understood the explanation in English or that it was interpreted into a language the parent
or Indian custodian understood. Any consent given prior to, or within ten days after, the
birth of an Indian child shall not be valid.

Sec. 23.

Minnesota Statutes 2023 Supplement, section 260.765, subdivision 4b, is amended
to read:

Subd. 4b.

Collateral attack; vacation of decree and return of custody;
limitations.

After the entry of a final decree of adoption of an Indian child in any state
court, the new text begin Indian child's new text end parent may withdraw consent upon the grounds that consent was
obtained through fraud or duress and may petition the court to vacate the decree. Upon a
finding that consent was obtained through fraud or duress, the court shall vacate the decree
and return the new text begin Indian new text end child to the new text begin Indian child's new text end parent. No adoption that has been effective
for at least two years may be invalidated under the provisions of this subdivision unless
otherwise permitted under a provision of state law.

Sec. 24.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 1a, is amended
to read:

Subd. 1a.

Active efforts.

In any child placement proceeding, the child-placing agency
or deleted text begin individualdeleted text end petitioner shall ensure that appropriate active efforts as described in section
260.762 are provided to the Indian child's parent or parents, Indian custodian, and family
to support reunification and preservation of the new text begin Indian new text end child's placement with and relationship
to the Indian child's new text begin extended new text end family.

Sec. 25.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 1b, is amended
to read:

Subd. 1b.

Placement preference.

In any child placement proceeding, the child-placing
agency or deleted text begin individualdeleted text end petitioner shall follow the placement preferences described in section
260.773 or, where preferred placement is not available even with the provision of active
efforts, shall follow section 260.773, subdivisions 12 to 15.

Sec. 26.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 1c, is amended
to read:

Subd. 1c.

Identification of extended family members.

Any child-placing agency or
deleted text begin individualdeleted text end petitioner considering placement of an Indian child shall deleted text begin makedeleted text end new text begin ensurenew text end active
efforts new text begin are made new text end to identify and locate siblings and extended family members and to explore
placement with deleted text begin andeleted text end extended family deleted text begin member and facilitate continued involvement in the
Indian child's lifedeleted text end new text begin members and ensure the Indian child's relationship with the Indian child's
extended family and Tribenew text end .

Sec. 27.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 2b, is amended
to read:

Subd. 2b.

Appointment of counsel.

(a) In any state court child placement proceeding,
new text begin including but not limited to any proceeding where the petitioner or another party seeks to
temporarily or permanently remove an Indian child from new text end the new text begin Indian child's new text end parent or parents
or Indian custodiannew text begin , the Indian child's parent or parents or Indian custodiannew text end shall have the
right to be represented by an attorney. If the parent or parents or Indian custodian cannot
afford an attorney and meet the requirements of section 611.17, an attorney will be appointed
to represent them.

(b) In any state court child placement proceeding, any new text begin Indian new text end child ten years of age or
older shall have the right to court-appointed counsel.new text begin The court may appoint counsel for
any Indian child under ten years of age in any state court child placement proceeding if the
court determines that appointment is appropriate and in the best interest of the Indian child.
new text end

new text begin (c) If the court appoints counsel to represent a person pursuant to this subdivision, the
court shall appoint counsel to represent the person prior to the first hearing on the petition,
but may appoint counsel at any stage of the proceeding if the court deems it necessary. The
court shall not appoint a public defender to represent the person unless such appointment
is authorized by section 611.14.
new text end

Sec. 28.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 2d, is amended
to read:

Subd. 2d.

Tribal access to files and other documents.

At any subsequent stage of the
child-placing agency new text begin or petitioner's new text end involvement with an Indian child, the child-placing
agency or deleted text begin individualdeleted text end new text begin petitionernew text end shall, upon request, give the Tribal social services agency
full cooperation including access to all files concerning the Indian child. If the files contain
confidential or private data, the child-placing agency or deleted text begin individualdeleted text end new text begin petitionernew text end may require
execution of an agreement with the Tribal social services agency specifying that the Tribal
social services agency shall maintain the data according to statutory provisions applicable
to the data.

Sec. 29.

Minnesota Statutes 2023 Supplement, section 260.771, is amended by adding a
subdivision to read:

new text begin Subd. 2f. new text end

new text begin Participation of Indian child's Tribe in court proceedings. new text end

new text begin (a) In any child
placement proceeding that involves an Indian child, any Tribe that the Indian child may be
eligible for membership in, as determined by the Tribe, is a party to the proceedings without
the need to file a motion.
new text end

new text begin (b) An Indian child's Tribe, Tribal representative, or attorney representing the Tribe:
new text end

new text begin (1) may appear remotely at hearings by telephone, video conference, or other electronic
medium without prior request;
new text end

new text begin (2) is not required to use the court's electronic filing and service system and may use
United States mail, facsimile, or other alternative method for filing and service;
new text end

new text begin (3) may file documents with the court using an alternative method that the clerk of court
shall accept and file electronically;
new text end

new text begin (4) is exempt from any filing fees required under section 357.021; and
new text end

new text begin (5) is exempt from the pro hac vice requirements of Rule 5 of the Minnesota General
Rules of Practice.
new text end

Sec. 30.

Minnesota Statutes 2023 Supplement, section 260.771, subdivision 6, is amended
to read:

Subd. 6.

Qualified expert witness and evidentiary requirements.

(a) In deleted text begin andeleted text end new text begin anynew text end
involuntary deleted text begin foster caredeleted text end placement proceeding, the court must determine by clear and
convincing evidence, including testimony of a qualified expert witness, that continued
custody of the new text begin Indian new text end child by the parent or Indian custodian is likely to result in serious
emotional damage or serious physical damage to the new text begin Indian new text end child.

In a termination of parental rights proceeding, the court must determine by evidence
beyond a reasonable doubt, including testimony of a qualified expert witness, that continued
custody of the new text begin Indian new text end child by the parent or Indian custodian is likely to result in serious
emotional damage or serious physical damage to the new text begin Indian new text end child.

In an involuntary permanent transfer of legal and physical custody deleted text begin proceedingdeleted text end , permanent
custody to the agency deleted text begin proceedingdeleted text end , temporary custody to the agency, or other permanency
proceeding, the court must determine by clear and convincing evidence, including testimony
of a qualified expert witness, that the continued custody of the Indian child by the Indian
child's parent or parents or Indian custodian is likely to result in serious emotional damage
or serious physical damage to the new text begin Indian new text end child. Qualified expert witness testimony is not
required where custody is transferred to the Indian child's parent.

Testimony of a qualified expert witness shall be provided for involuntary deleted text begin foster caredeleted text end new text begin
childnew text end placement and permanency proceedings independently.

(b) The child-placing agency, deleted text begin individualdeleted text end petitioner, or any other party shall make diligent
efforts to locate and present to the court a qualified expert witness designated by the Indian
child's Tribe. The qualifications of a qualified expert witness designated by the Indian child's
Tribe are not subject to a challenge in Indian child placement proceedings.

(c) If a party cannot obtain testimony from a Tribally designated qualified expert witness,
the party shall submit to the court the diligent efforts made to obtain a Tribally designated
qualified expert witness.

(d) If clear and convincing evidence establishes that a party's diligent efforts cannot
produce testimony from a Tribally designated qualified expert witness, the party shall
demonstrate to the court that a proposed qualified expert witness is, in descending order of
preference:

(1) a member of the new text begin Indian new text end child's Tribe who is recognized by the Indian child's Tribal
community as knowledgeable in Tribal customs as they pertain to family organization and
child-rearing practices; or

(2) an Indian person from an Indian community who has substantial experience in the
delivery of child and family services to Indians and extensive knowledge of prevailing social
and cultural standards and contemporary and traditional child-rearing practices of the Indian
child's Tribe.

If clear and convincing evidence establishes that diligent efforts have been made to obtain
a qualified expert witness who meets the criteria in clause (1) or (2), but those efforts have
not been successful, a party may use an expert witness, as defined by the Minnesota Rules
of Evidence, rule 702, who has substantial experience in providing services to Indian families
and who has substantial knowledge of prevailing social and cultural standards and
child-rearing practices within the Indian community. The court or any party may request
the assistance of the Indian child's Tribe or the Bureau of Indian Affairs agency serving the
Indian child's Tribe in locating persons qualified to serve as expert witnesses.

(e) The court may allow alternative methods of participation and testimony in state court
proceedings by a qualified expert witness, such as participation or testimony by telephone,
deleted text begin videoconferencingdeleted text end new text begin video conferencenew text end , or other deleted text begin methodsdeleted text end new text begin electronic mediumnew text end .

Sec. 31.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 1, is amended
to read:

Subdivision 1.

Least restrictive setting.

In all proceedings where custody of the Indian
child may be removed from the new text begin Indian child's new text end parentnew text begin or Indian custodiannew text end , the Indian child
shall be placed in the least restrictive setting which most approximates a family and in which
the Indian child's special needs, if any, may be met. The Indian child shall also be placed
within reasonable proximity to the Indian child's home, taking into account any special
needs of the Indian child.

Sec. 32.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 2, is amended
to read:

Subd. 2.

Tribe's order of placement recognized.

In the case of a placement under
subdivision 3 or 4, if the Indian child's Tribe has established a different order of placement
preference by resolution, the child-placing agency new text begin or petitioner new text end and the court shall recognize
the Indian child's Tribe's order of placement in the form provided by the Tribe.

Sec. 33.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 3, is amended
to read:

Subd. 3.

Placement deleted text begin optionsdeleted text end new text begin preferences for temporary proceedingsnew text end .

Preference shall
be given, in the absence of good cause to the contrary, to a placement with:

(1) a noncustodial parent or Indian custodian;

(2) a member of thenew text begin Indiannew text end child's extended family;

(3) a foster home licensed, approved, or specified by the Indian child's Tribe;

(4) an Indian foster home licensed or approved by an authorized non-Indian licensing
authority; or

(5) an institution for children approved by an Indian Tribe or operated by an Indian
organization which has a program suitable to meet the Indian child's needs.

Sec. 34.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 4, is amended
to read:

Subd. 4.

Placement deleted text begin preferencedeleted text end new text begin preferences for permanent proceedingsnew text end .

In any
adoptive placement, transfer of custody placement, or other permanency placement of an
Indian child, a preference shall be given, in the absence of good cause to the contrary, to a
placement with:

(1) the Indian child's noncustodial parent or Indian custodian;

(2) a member of the new text begin Indian new text end child's extended family;

(3) other members of the Indian child's Tribe; or

(4) other persons or entities recognized as appropriate to be a permanency resource for
the Indian child, by the Indian child's parent or parents, Indian custodian, or Indian Tribe.

Sec. 35.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 5, is amended
to read:

Subd. 5.

Suitability of placement.

The deleted text begin countydeleted text end new text begin child-placing agency and petitionernew text end shall
defer to the judgment of the Indian child's Tribe as to the suitability of a placement.

Sec. 36.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 10, is amended
to read:

Subd. 10.

Exceptions to placement preferences.

The court shall follow the placement
preferences in subdivisions 1 to 9, except as follows:

(1) where a parent evidences a desire for anonymity, the child-placing agency new text begin or petitioner
new text end and the court shall give weight to the parent's desire for anonymity in applying the
preferences. A parent's desire for anonymity does not excuse the application of sections
260.751 to 260.835; or

(2) where the court determines there is good cause based on:

(i) the reasonable request of the Indian child's parents, if one or both parents attest that
they have reviewed the placement options that comply with the order of placement
preferences;

(ii) the reasonable request of the Indian child if the new text begin Indian new text end child is able to understand
and comprehend the decision that is being made;

(iii) the testimony of a qualified expert designated by the new text begin Indian new text end child's Tribe and, if
necessary, testimony from an expert witness who meets qualifications of section 260.771,
subdivision 6, paragraph (d), clause (2), that supports placement outside the order of
placement preferences due to extraordinary physical or emotional needs of the new text begin Indian new text end child
that require highly specialized services; or

(iv) the testimony by the child-placing agency new text begin or petitioner new text end that a diligent search has
been conducted that did not locate any available, suitable families for the new text begin Indian new text end child that
meet the placement preference criteria.

Sec. 37.

Minnesota Statutes 2023 Supplement, section 260.773, subdivision 11, is amended
to read:

Subd. 11.

Factors considered in determining placement.

Testimony of the new text begin Indian
new text end child's bonding or attachment to a foster family alone, without the existence of at least one
of the factors in subdivision 10, clause (2), shall not be considered good cause to keep an
Indian child in a lower preference or nonpreference placement. Ease of visitation and
facilitation of relationship with the Indian child's parents, Indian custodian, extended family,
or Tribe may be considered when determining placement.

Sec. 38.

Minnesota Statutes 2023 Supplement, section 260.774, subdivision 1, is amended
to read:

Subdivision 1.

Improper removal.

In any proceeding where custody of the Indian child
was improperly removed from the parent or deleted text begin parentsdeleted text end new text begin Indian custodiannew text end or where the petitioner
has improperly retained custody after a visit or other temporary relinquishment of custody,
the court shall decline jurisdiction over the petition and shall immediately return the Indian
child to the Indian child's parent deleted text begin or parentsdeleted text end or Indian custodian unless returning the Indian
child to the Indian child's parent deleted text begin or parentsdeleted text end or Indian custodian would subject the Indian
child to a substantial and immediate danger or threat of such danger.

Sec. 39.

Minnesota Statutes 2023 Supplement, section 260.774, subdivision 2, is amended
to read:

Subd. 2.

Invalidation.

(a) Any order for deleted text begin out-of-homedeleted text end new text begin childnew text end placement, transfer of custody,
termination of parental rights, or other permanent change in custody of an Indian child shall
be invalidated upon a showing, by a preponderance of the evidence, that a violation of any
one of the provisions in section 260.761, 260.762, 260.763, 260.765, 260.771, 260.773, or
260.7745 has occurred.

(b) The Indian child, the Indian child's parent or parents, guardian, Indian custodian, or
Indian Tribe may file a petition new text begin or motion new text end to invalidate under this subdivision.

(c) Upon a finding that a violation of one of the provisions in section 260.761, 260.762,
260.763, 260.765, 260.771, 260.773, or 260.7745 has occurred, the court shall:

(1) dismiss the petition without prejudice; deleted text begin and
deleted text end

(2) return the Indian child to the care, custody, and control of the parent or parents or
Indian custodian, unless the Indian child would be subjected to imminent new text begin physical new text end damage
or harmdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (3) determine whether the Indian child's parent or Indian custodian has been assessed
placement costs and order reimbursement of those costs.
new text end

new text begin (d) Upon a finding that a willful, intentional, knowing, or reckless violation of one of
the provisions in section 260.761, 260.762, 260.763, 260.765, 260.771, 260.773, or 260.7745
has occurred, the court may consider whether sanctions, reasonable costs, and attorney fees
should be imposed against the offending party.
new text end

Sec. 40.

Minnesota Statutes 2023 Supplement, section 260.774, subdivision 3, is amended
to read:

Subd. 3.

Return of custody following adoption.

(a) Whenever a final decree of adoption
of an Indian child has been vacated, set aside, or there is a termination of the parental rights
of the adoptive parents to the new text begin Indian new text end child, a biological parent or prior Indian custodian may
petition for return of custody and the court shall grant the petition unless there is a showing,
in proceedings subject to the provision of sections 260.751 to 260.835, that the return of
custody is not in the best interests of the Indian child.

(b) The county attorney, Indian child, Indian child's Tribe,new text begin Indian custodian,new text end or deleted text begin adeleted text end new text begin an
Indian child'snew text end parent whose parental rights were terminated under a previous order of the
court may file a petition for the return of custody.

(1) the parent or Indian custodian has corrected the conditions that led to an order
terminating parental rights;

(2) the parent or Indian custodian is willing and has the capability to provide day-to-day
care and maintain the health, safety, and welfare of the Indian child; and

(3) the adoption has been vacated, set aside, or termination of the parental rights of the
adoptive parents to the Indian child has occurred.

(d) A petition for reestablishment of the legal parent and child relationship for deleted text begin adeleted text end new text begin an Indian
new text end child who has not been adopted must meet the requirements in section 260C.329.

Sec. 41.

Minnesota Statutes 2022, section 260.775, is amended to read:

260.775 PLACEMENT RECORDS.

(a) The commissioner of human services shall publish annually an inventory of all Indian
children in residential facilities. The inventory shall include, by county and statewide,
information on legal status, living arrangement, age, sex, Tribe in which the new text begin Indian new text end child is
a member or eligible for membership, accumulated length of time in foster care, and other
demographic information deemed appropriate concerning all Indian children in residential
facilities. The report must also state the extent to which authorized child-placing agencies
comply with the order of preference described in United States Code, title 25, section 1901,
et seq. The commissioner shall include the information required under this paragraph in the
annual report on child maltreatment and on children in deleted text begin out-of-homedeleted text end placement under section
257.0725.

(b) This section expires January 1, 2032.

Sec. 42.

Minnesota Statutes 2023 Supplement, section 260.781, subdivision 1, is amended
to read:

Subdivision 1.

Court decree information.

(a) A state court entering a final decree or
order in an Indian child adoptive placement shall provide the Department of Human Services
and the child's Tribal social services agency with a copy of the decree or order together with
such other information to show:

(1) the name and Tribal affiliation of the new text begin Indian new text end child;

(2) the names and addresses of the biological parentsnew text begin and Indian custodian, if anynew text end ;

(3) the names and addresses of the adoptive parents; and

(4) the identity of any agency having files or information relating to the adoptive
placement.

If the court records contain an affidavit of the biological or adoptive deleted text begin parent ordeleted text end parents
new text begin or Indian custodian new text end requesting anonymity, the court shall delete the name and address of
the biological or adoptive parents new text begin or Indian custodian new text end from the information sent to the new text begin Indian
new text end child's Tribal social services agency. The court shall include the affidavit with the other
information provided to the Minnesota Department of Human Services and the Secretary
of the Interior. The Minnesota Department of Human Services shall and the Secretary of
the Interior is requested to ensure that the confidentiality of the information is maintained
and the information shall not be subject to the Freedom of Information Act, United States
Code, title 5, section 552, as amended.

(b) For:

(1) disclosure of information for deleted text begin enrollmentdeleted text end new text begin membershipnew text end of an Indian child in the Tribe;

(2) determination of member rights or benefits; or

(3) certification of entitlement to membership upon the request of the adopted Indian
child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian
Tribe,

the Secretary of the Interior is requested to disclose any other necessary information for the
membership of an Indian child in the Tribe in which the Indian child may be eligible for
membership or for determining any rights or benefits associated with that membership.
Where the documents relating to the Indian child contain an affidavit from the biological
parent or deleted text begin parentsdeleted text end new text begin Indian custodiannew text end requesting anonymity, the Secretary of the Interior is
requested to certify to the Indian child's Tribe, where the information warrants, that the
Indian child's parentage and other circumstances of birth entitle the Indian child to
membership under the criteria established by the Tribe.

Sec. 43.

Minnesota Statutes 2022, section 260.785, subdivision 1, is amended to read:

Subdivision 1.

Primary support grants.

The commissioner shall establish direct grants
to Indian Tribes, Indian organizations, and Tribal social services agency programs located
off-reservation that serve Indian children and their families to provide primary support for
Indian child welfare programs to implement the new text begin Minnesota new text end Indian Family Preservation Act.

Sec. 44.

Minnesota Statutes 2022, section 260.785, subdivision 3, is amended to read:

Subd. 3.

Compliance grants.

The commissioner shall establish direct grants to an Indian
child welfare defense corporation, as defined in Minnesota Statutes 1996, section 611.216,
subdivision 1a, to promote statewide compliance with the new text begin Minnesota new text end Indian Family
Preservation Act and the Indian Child Welfare Act, United States Code, title 25, section
1901, et seq. The commissioner shall give priority consideration to applicants with
demonstrated capability of providing legal advocacy services statewide.

Sec. 45.

Minnesota Statutes 2023 Supplement, section 260.786, subdivision 2, is amended
to read:

Subd. 2.

Purposes.

Money must be used to address staffing for responding to notifications
under the new text begin federal new text end Indian Child Welfare Act and the Minnesota Indian Family Preservation
Act, to the extent necessary, or to provide other child protection and child welfare services.
Money must not be used to supplant current Tribal expenditures for these purposes.

Sec. 46.

Minnesota Statutes 2023 Supplement, section 260.795, subdivision 1, is amended
to read:

Subdivision 1.

Types of services.

(a) Eligible Indian child welfare services provided
under primary support grants include:

(1) placement prevention and reunification services;

(2) family-based services;

(3) individual and family counseling;

(4) access to professional individual, group, and family counseling;

(5) crisis intervention and crisis counseling;

(6) development of foster and adoptive placement resources, including recruitment,
licensing, and support;

(7) court advocacy;

(8) training and consultation to county and private social services agencies regarding
the new text begin federal new text end Indian Child Welfare Act and the Minnesota Indian Family Preservation Act;

(9) advocacy in working with the county and private social services agencies, and
activities to help provide access to agency services, including but not limited to 24-hour
caretaker and homemaker services, day care, emergency shelter care up to 30 days in 12
months, access to emergency financial assistance, and arrangements to provide temporary
respite care to a family for up to 72 hours consecutively or 30 days in 12 months;

(10) transportation services to the child and parents to prevent placement or reunite the
family; and

(11) other activities and services approved by the commissioner that further the goals
of the new text begin federal new text end Indian Child Welfare Act and the new text begin Minnesota new text end Indian Family Preservation Act,
including but not limited to recruitment of Indian staff for child-placing agencies and licensed
child-placing agencies. The commissioner may specify the priority of an activity and service
based on its success in furthering these goals.

(b) Eligible services provided under special focus grants include:

(1) permanency planning activities that meet the special needs of Indian families;

(2) teenage pregnancy;

(3) independent living skills;

(4) family and community involvement strategies to combat child abuse and chronic
neglect of children;

(5) coordinated child welfare and mental health services to Indian families;

(6) innovative approaches to assist Indian youth to establish better self-image, decrease
isolation, and decrease the suicide rate;

(7) expanding or improving services by packaging and disseminating information on
successful approaches or by implementing models in Indian communities relating to the
development or enhancement of social structures that increase family self-reliance and links
with existing community resources;

(8) family retrieval services to help adopted individuals reestablish legal affiliation with
the Indian Tribe; and

(9) other activities and services approved by the commissioner that further the goals of
the new text begin federal new text end Indian Child Welfare Act and the new text begin Minnesota new text end Indian Family Preservation Act.
The commissioner may specify the priority of an activity and service based on its success
in furthering these goals.

(c) The commissioner shall give preference to programs that use Indian staff, contract
with Indian organizations or Tribes, or whose application is a joint effort between the Indian
and non-Indian community to achieve the goals of the new text begin federal new text end Indian Child Welfare Act
and the Minnesota Indian Family Preservation Act. Programs must have input and support
from the Indian community.

Sec. 47.

Minnesota Statutes 2022, section 260.810, subdivision 3, is amended to read:

Subd. 3.

Final report.

A final evaluation report must be submitted by each approved
programnew text begin to the commissionernew text end . It must include client outcomes, cost and effectiveness in
meeting the goals of the new text begin Minnesota new text end Indian Family Preservation Act and permanency planning
goals.new text begin The commissioner must compile the final reports into one document and provide a
copy to each Tribe.
new text end

Sec. 48. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 260.755, subdivision 13, new text end new text begin is repealed.
new text end

ARTICLE 2

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2022, section 259.20, subdivision 2, is amended to read:

Subd. 2.

Other applicable law.

(a) Portions of chapters 245A, 245C, 257, 260, and
317A may also affect the adoption of a particular child.

(b) Provisions of the Indian Child Welfare Act, United States Code, title 25, chapter 21,
sections 1901-1923, deleted text begin may alsodeleted text end new text begin and the Minnesota Indian Family Preservation Act under
sections 260.751 to 260.835new text end apply in the adoption of an Indian childdeleted text begin , and may preempt
specific provisions of this chapterdeleted text end new text begin as described in section 259.201new text end .

(c) Consistent with section 245C.33 and Public Law 109-248, a completed background
study is required before the approval of any foster or adoptive placement in a related or an
unrelated home.

Sec. 2.

new text begin [259.201] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE
ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.
new text end

new text begin Adoption proceedings under this chapter that involve an Indian child are child custody
proceedings governed by the Indian Child Welfare Act, United States Code, title 25, sections
1901 to 1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835;
by section 259.20, subdivision 2, paragraph (b); and by this chapter when not inconsistent
with the federal Indian Child Welfare Act and the Minnesota Indian Family Preservation
Act.
new text end

Sec. 3.

Minnesota Statutes 2022, section 260C.007, subdivision 26b, is amended to read:

Subd. 26b.

Relative of an Indian child.

"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 begin , and who is an
extended family member as defined in section 260.755, subdivision 5b, of the Minnesota
Indian Family Preservation Actnew text end .

Sec. 4.

Minnesota Statutes 2022, section 260C.178, subdivision 1, as amended by Laws
2024, chapter 80, article 8, section 24, 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 that the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should continue to be 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 that 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:

(1) into the care of the child's noncustodial parent and order the noncustodial parent to
comply with any conditions that the court determines appropriate to ensure the safety and
care of the child, including requiring the noncustodial parent to cooperate with paternity
establishment proceedings if the noncustodial parent has not been adjudicated the child's
father; or

(2) into foster care as defined in section 260C.007, subdivision 18, 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.
The court shall not give the responsible social services legal custody and order a trial home
visit at any time prior to adjudication and disposition under section 260C.201, subdivision
1, paragraph (a), clause (3), but may order the child returned to the care of the parent or
guardian who has custody and from whom the child was removed and order the parent or
guardian to comply with any conditions the court determines to be appropriate to meet the
safety, health, and welfare of the child.

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

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

(1) that the agency 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. The court shall not
make a reasonable efforts determination under this clause unless the court is satisfied that
the agency has sufficiently demonstrated to the court that there were no services or other
efforts that the agency was able to provide at the time of the hearing enabling the child to
safely remain home or to safely return home. When reasonable efforts to prevent placement
are required and there are services or other efforts that could be ordered that 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.

(f) 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.

(g) 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.

(h) 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 a juvenile protection proceeding or a similar process of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 260E.03, 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.

(i) 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.

(j) 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).

(k) 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.150, 260C.151, 260C.212,
260C.215, 260C.219, and 260C.221.

(l) 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.

(m) When the court has ordered the child into the care of a noncustodial parent or in
foster care, 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 260E.26, and Minnesota
Rules, part 9560.0228.

new text begin (n) When the court has ordered an Indian child into an emergency child placement, the
Indian child shall be placed according to the placement preferences in the Minnesota Indian
Family Preservation Act, section 260.773.
new text end

Sec. 5.

Minnesota Statutes 2022, section 260C.505, is amended to read:

260C.505 PETITION.

(a) A permanency or termination of parental rights petition must be filed at or prior to
the time the child has been in foster care or in the care of a noncustodial or nonresident
parent for 11 months or in the expedited manner required in section 260C.503, subdivision
2, paragraph (a). The court administrator shall serve the petition as required in the Minnesota
Rules of Juvenile Protection Procedure and section 260C.152 for the admit-deny hearing
on the petition required in section 260C.507.

(b) A petition under this section is not required if the responsible social services agency
intends to recommend that the child return to the care of the parent from whom the child
was removednew text begin , or if a six-month extension of permanency timelines described in section
260C.204 is anticipated,new text end at or prior to the time the court is required to hold the admit-deny
hearing required under section 260C.507.

Sec. 6.

Minnesota Statutes 2022, section 260D.01, is amended to read:

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

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

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

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

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

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

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

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

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

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

(5) includes the requirements for a child's placement in sections 260C.70 to 260C.714,
when the juvenile treatment screening team recommends placing a child in a qualified
residential treatment program, except as modified by this chapter.

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

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

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

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

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

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

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

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

(3) planning to meet the child's need for safety, stability, and permanency, and the child's
need to stay connected to the child's family and community;

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

(5) for a voluntary placement under this chapter in a qualified residential treatment
program, as defined in section 260C.007, subdivision 26d, for purposes of engaging in a
relative search as provided in section 260C.221, the county agency must consult with the
child's parent or legal guardian, the child if the child is 14 years of age or older, and, if
applicable, the child's Tribe to obtain recommendations regarding which adult relatives the
county agency should notify. If the child, child's parents, or legal guardians raise concerns
about specific relatives, the county agency should not notify those relatives.

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

Sec. 7.

new text begin [260D.011] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE
ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.
new text end

new text begin Proceedings under this chapter concerning an Indian child are child custody proceedings
governed by the Indian Child Welfare Act, United States Code, title 25, sections 1901 to
1963; by the Minnesota Indian Family Preservation Act, sections 260.751 to 260.835; and
by this chapter when not inconsistent with the federal Indian Child Welfare Act or the
Minnesota Indian Family Preservation Act.
new text end

Sec. 8.

new text begin [260E.015] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE
ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.
new text end

Sec. 9.

new text begin [524.5-2011] COMPLIANCE WITH FEDERAL INDIAN CHILD WELFARE
ACT AND MINNESOTA INDIAN FAMILY PRESERVATION ACT.
new text end

Sec. 10. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; STUDY OF
CHILD PLACEMENT AND PERMANENCY; PRACTICE RECOMMENDATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Study parameters. new text end

new text begin By September 1, 2024, the commissioner of human
services shall contract with an independent consultant to evaluate the effects of child
placement in foster care and out-of-home settings on the safety, permanency, and well-being
of the child. The study must be designed to evaluate the system overall for a child's placement
and permanency. The study shall identify and evaluate factors designed to ensure emotional
and physical safety of the child in the context of child placement and permanency dispositions
and shall include an analysis of structuring out-of-home placement decisions, reunification
timelines, and service provisions to best allow the parents to engage in positive parenting
of the child. The goal is to determine guidelines for when to place a child out-of-home, who
to place the child with, when and how to keep the child connected to family and community,
and what timelines support building a stable base for the child's parents to engage in necessary
treatment, including but not limited to substance use or mental health treatment, before
undertaking parenting responsibilities.
new text end

new text begin (b) The study shall take into account the educational and behavioral development, mental
health functioning, and placement stability of the child. The study shall also take into
consideration the social, financial, and whole health of the family unit.
new text end

new text begin Subd. 2. new text end

new text begin Collaboration with interested parties. new text end

new text begin The consultant shall design the study
with an advisory group consisting of:
new text end

new text begin (1) the commissioner of human services, or a designee;
new text end

new text begin (2) the commissioner of children, youth, and families, or a designee;
new text end

new text begin (3) the ombudsperson for foster youth, or a designee;
new text end

new text begin (4) a representative from the Association of Minnesota Counties appointed by the
association;
new text end

new text begin (5) two members representing county social services agencies, one from the seven-county
metropolitan area and one from Greater Minnesota;
new text end

new text begin (6) one member appointed by the Minnesota Council on Disability;
new text end

new text begin (7) one member appointed by the Indian Child Welfare Advisory Council;
new text end

new text begin (8) one member appointed by the Ombudsperson for American Indian Families;
new text end

new text begin (9) one member appointed by the Children's Alliance;
new text end

new text begin (10) up to four members appointed by the ombudsperson for families;
new text end

new text begin (11) up to four members from the Children's Justice Task Force; and
new text end

new text begin (12) members of the public appointed by the governor representing:
new text end

new text begin (i) one member 18 years of age who has lived experience with the child welfare system;
new text end

new text begin (ii) one member 18 years of age or older who has lived experience with the child welfare
system as a parent or caregiver;
new text end

new text begin (iii) one member who is working with or advocating for children with disabilities;
new text end

new text begin (iv) one member with experience working with or advocating for LGBTQ youth;
new text end

new text begin (v) one member working with or advocating for Indigenous children;
new text end

new text begin (vi) one member working with or advocating for black children or youth;
new text end

new text begin (vii) one member working with or advocating for other children of color;
new text end

new text begin (viii) one member who is an attorney representing children in child placement
proceedings;
new text end

new text begin (ix) one member who is a Tribal attorney in child placement proceedings;
new text end

new text begin (x) one member who is an attorney representing parents in child placement proceedings;
new text end

new text begin (xi) one member with experience in children's mental health;
new text end

new text begin (xii) one member with experience in adult mental health; and
new text end

new text begin (xiii) one member who is a substance abuse professional.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin By September 1, 2027, the consultant shall submit a final report to the
commissioner of human services and to the chairs and ranking minority members of the
legislative committees with jurisdiction over health and human services. The final report
must include a recommendation on the optimal time frame for child placement in foster
care or out-of-home placement. The commissioner of human services shall include a report
on needed statutory changes as a result of the consultant's report.
new text end

new text begin Subd. 4. new text end

new text begin Appropriation. new text end

new text begin $....... in fiscal year 2025 and $....... in fiscal year 2026 are
appropriated from the general fund to the commissioner of human services to carry out the
study required under this section.
new text end

Sec. 11. new text begin DIRECTION TO COMMISSIONER OF HUMAN SERVICES; TIMELINES.
new text end

new text begin The commissioner of human services shall prepare legislation to be introduced in the
2025 legislative session that will change the timelines in Minnesota Statutes dealing with
out-of-home permanency placement of children from 12 months to 15 months for a
admit/deny hearing.
new text end

HF 4838

Bill Text Versions

Current Version - 1st Engrossment

ARTICLE 1

MINNESOTA INDIAN FAMILY PRESERVATION ACT PROVISIONS

Section 1.

Subd. 1a.

Active efforts.

Sec. 2.

Subd. 2a.

Best interests of an Indian child.

Sec. 3.

Subd. 3.

Child placement proceeding.

Sec. 4.

Subd. 3a.

Child-placing agency.

Sec. 5.

Subd. 5.

Demand.

Sec. 6.

Subd. 5b.

Extended family member.

Sec. 7.

Subd. 14.

Parent.

Sec. 8.

new text begin Subd. 15a. new text end

new text begin Petitioner. new text end

Sec. 9.

Subd. 17a.

Qualified expert witness.

Sec. 10.

Subd. 20.

Tribal court.

Sec. 11.

new text begin Subd. 20a. new text end

new text begin Tribal representative. new text end

Sec. 12.

Subd. 22.

Voluntary foster care placement.

Sec. 13.

Subd. 2.

Temporary emergency jurisdiction of state courts.

Sec. 14.

Subd. 4.

Emergency proceeding requirements.

Sec. 15.

Subd. 5.

Termination of emergency removal or placement.

Sec. 16.

260.761 INQUIRY OF TRIBAL LINEAGE; NOTICE TO TRIBES, PARENTS, AND INDIAN CUSTODIANS; ACCESS TO FILES.

Subdivision 1.

Inquiry of Tribal lineage.

Subd. 2.

Notice deleted text begin to Tribesdeleted text end of services or court proceedings involving an Indian child.

Subd. 3.

Notice of potential preadoptive or adoptive placement.

Subd. 4.

Unknown father.

Subd. 5.

Proof of service of notice upon Tribe or secretary.

Subd. 6.

Indian Tribe's right of intervention.

Subd. 6a.

Indian Tribe's access to files.

Sec. 17.

260.762 DUTY TO PREVENT OUT-OF-HOMEnew text begin CHILDnew text end PLACEMENTnew text begin ,new text end new text begin PRESERVE THE CHILD'S FAMILY, new text end AND PROMOTE FAMILY REUNIFICATION; ACTIVE EFFORTS.

Subdivision 1.

Active efforts.

deleted text begin Subd. 2. deleted text end

deleted text begin Requirements for child-placing agencies and individual petitioners. deleted text end

new text begin Subd. 2a. new text end

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

new text begin Subd. 2b. new text end

new text begin Adoptions. new text end

deleted text begin Subd. 3. deleted text end

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

Sec. 18.

Subdivision 1.

260.761 INQUIRY OF TRIBAL LINEAGE; NOTICE TO TRIBES, PARENTS,
AND INDIAN CUSTODIANS; ACCESS TO FILES.

Notice deleted text begin to Tribesdeleted text end of services or court proceedings involving an Indian
child.

260.762 DUTY TO PREVENT OUT-OF-HOMEnew text begin CHILDnew text end PLACEMENTnew text begin ,new text end
new text begin PRESERVE THE CHILD'S FAMILY, new text end AND PROMOTE FAMILY REUNIFICATION;
ACTIVE EFFORTS.

Collateral attack; vacation of decree and return of custody;
limitations.