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