SF 1211

1st Engrossment - 84th Legislature (2005 - 2006)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to child protection; providing for a 
  1.3             background check of an individual being considered as 
  1.4             a custodian; modifying requirements for adoption 
  1.5             consents and placement resources for children who are 
  1.6             in the legal custody of a social services agency; 
  1.7             amending Minnesota Statutes 2004, sections 259.24, 
  1.8             subdivisions 1, 2a, 5, 6a; 260C.201, subdivision 11; 
  1.9             260C.212, subdivision 4; proposing coding for new law 
  1.10            in Minnesota Statutes, chapter 260C. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2004, section 259.24, 
  1.13  subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [EXCEPTIONS.] No child shall be adopted 
  1.15  without the consent of the child's parents and the child's 
  1.16  guardian, if there be one, except in the following instances: 
  1.17     (a) Consent shall not be required of a parent not entitled 
  1.18  to notice of the proceedings.  
  1.19     (b) Consent shall not be required of a parent who has 
  1.20  abandoned the child, or of a parent who has lost custody of the 
  1.21  child through a divorce decree or a decree of dissolution, and 
  1.22  upon whom notice has been served as required by section 259.49. 
  1.23     (c) Consent shall not be required of a parent whose 
  1.24  parental rights to the child have been terminated by a juvenile 
  1.25  court or who has lost custody of a child through a final 
  1.26  commitment of the juvenile court or through a decree in a prior 
  1.27  adoption proceeding. 
  1.28     (d) If there be no parent or guardian qualified to consent 
  2.1   to the adoption, the consent may shall be given by the 
  2.2   commissioner.  After the court accepts a parent's consent to the 
  2.3   adoption under section 260C.201, subdivision 11, consent by the 
  2.4   commissioner or commissioner's delegate is also necessary.  
  2.5   Agreement to the identified prospective adoptive parent by the 
  2.6   responsible social services agency under section 260C.201, 
  2.7   subdivision 11, does not constitute the required consent. 
  2.8      (e) The commissioner or agency having authority to place a 
  2.9   child for adoption pursuant to section 259.25, subdivision 1, 
  2.10  shall have the exclusive right to consent to the adoption of 
  2.11  such child.  The commissioner or agency shall make every effort 
  2.12  to place siblings together for adoption.  Notwithstanding any 
  2.13  rule to the contrary, the commissioner may delegate the right to 
  2.14  consent to the adoption or separation of siblings, if it is in 
  2.15  the child's best interest, to a local social services agency.  
  2.16     Sec. 2.  Minnesota Statutes 2004, section 259.24, 
  2.17  subdivision 2a, is amended to read: 
  2.18     Subd. 2a.  [TIME OF CONSENT; NOTICE OF INTENT TO CONSENT TO 
  2.19  ADOPTION.] (a) Not sooner than 72 hours after the birth of a 
  2.20  child and not later than 60 days after the child's placement in 
  2.21  a prospective adoptive home, a person whose consent is required 
  2.22  under this section shall execute a consent. 
  2.23     (b) Unless all birth parents from whom consent is required 
  2.24  under this section are involved in making the adoptive placement 
  2.25  and intend to consent to the adoption, a birth parent who 
  2.26  intends to execute a consent to an adoption must give notice to 
  2.27  the child's other birth parent of the intent to consent to the 
  2.28  adoption prior to or within 72 hours following the placement of 
  2.29  the child, if the other birth parent's consent to the adoption 
  2.30  is required under subdivision 1.  The birth parent who receives 
  2.31  notice shall have 60 days after the placement of the child to 
  2.32  either consent or refuse to consent to the adoption.  If the 
  2.33  birth parent who receives notice fails to take either of these 
  2.34  actions, that parent shall be deemed to have irrevocably 
  2.35  consented to the child's adoption.  The notice provisions of 
  2.36  chapter 260C and the rules of juvenile protection procedure 
  3.1   shall apply to both parents when the consent to adopt is 
  3.2   executed under section 260C.201, subdivision 11.  
  3.3      (c) When notice is required under this subdivision, it 
  3.4   shall be provided to the other birth parent according to the 
  3.5   Rules of Civil Procedure for service of a summons and complaint. 
  3.6      Sec. 3.  Minnesota Statutes 2004, section 259.24, 
  3.7   subdivision 5, is amended to read: 
  3.8      Subd. 5.  [EXECUTION.] All consents to an adoption shall be 
  3.9   in writing, executed before two competent witnesses, and 
  3.10  acknowledged by the consenting party.  In addition, all consents 
  3.11  to an adoption, except those by the commissioner, the 
  3.12  commissioner's agent, a licensed child-placing agency, an adult 
  3.13  adoptee, or the child's parent in a petition for adoption by a 
  3.14  stepparent, shall be executed before a representative of the 
  3.15  commissioner, the commissioner's agent, or a licensed 
  3.16  child-placing agency.  All consents by a parent: 
  3.17     (1) shall contain notice to the parent of the substance of 
  3.18  subdivision 6a, providing for the right to withdraw 
  3.19  consent unless the parent will not have the right to withdraw 
  3.20  consent because consent was executed under section 260C.201, 
  3.21  subdivision 11, following proper notice that consent given under 
  3.22  that provision is irrevocable upon acceptance by the court as 
  3.23  provided in section 259.24, subdivision 6a; and 
  3.24     (2) shall contain the following written notice in all 
  3.25  capital letters at least one-eighth inch high: 
  3.26     "This agency will submit your consent to adoption to the 
  3.27  court.  The consent itself does not terminate your parental 
  3.28  rights.  Parental rights to a child may be terminated only by an 
  3.29  adoption decree or by a court order terminating parental 
  3.30  rights.  Unless the child is adopted or your parental rights are 
  3.31  terminated, you may be asked to support the child."  
  3.32     Consents shall be filed in the adoption proceedings at any 
  3.33  time before the matter is heard provided, however, that a 
  3.34  consent executed and acknowledged outside of this state, either 
  3.35  in accordance with the law of this state or in accordance with 
  3.36  the law of the place where executed, is valid. 
  4.1      Sec. 4.  Minnesota Statutes 2004, section 259.24, 
  4.2   subdivision 6a, is amended to read: 
  4.3      Subd. 6a.  [WITHDRAWAL OF CONSENT.] Except for consents 
  4.4   executed under section 260C.201, subdivision 11, a parent's 
  4.5   consent to adoption may be withdrawn for any reason within ten 
  4.6   working days after the consent is executed and acknowledged.  
  4.7   Written notification of withdrawal of consent must be received 
  4.8   by the agency to which the child was surrendered no later than 
  4.9   the tenth working day after the consent is executed and 
  4.10  acknowledged.  On the day following the tenth working day after 
  4.11  execution and acknowledgment, the consent shall become 
  4.12  irrevocable, except upon order of a court of competent 
  4.13  jurisdiction after written findings that consent was obtained by 
  4.14  fraud.  A consent to adopt executed under section 260C.201, 
  4.15  subdivision 11, is irrevocable upon proper notice to both 
  4.16  parents of the effect of a consent to adopt and acceptance by 
  4.17  the court, except upon order of the same court after written 
  4.18  findings that the consent was obtained by fraud.  In proceedings 
  4.19  to determine the existence of fraud, the adoptive parents and 
  4.20  the child shall be made parties.  The proceedings shall be 
  4.21  conducted to preserve the confidentiality of the adoption 
  4.22  process.  There shall be no presumption in the proceedings 
  4.23  favoring the birth parents over the adoptive parents. 
  4.24     Sec. 5.  Minnesota Statutes 2004, section 260C.201, 
  4.25  subdivision 11, is amended to read: 
  4.26     Subd. 11.  [REVIEW OF COURT-ORDERED PLACEMENTS; PERMANENT 
  4.27  PLACEMENT DETERMINATION.] (a) This subdivision and subdivision 
  4.28  11a do not apply in cases where the child is in placement due 
  4.29  solely to the child's developmental disability or emotional 
  4.30  disturbance, where legal custody has not been transferred to the 
  4.31  responsible social services agency, and where the court finds 
  4.32  compelling reasons under section 260C.007, subdivision 8, to 
  4.33  continue the child in foster care past the time periods 
  4.34  specified in this subdivision.  Foster care placements of 
  4.35  children due solely to their disability are governed by section 
  4.36  260C.141, subdivision 2b.  In all other cases where the child is 
  5.1   in foster care or in the care of a noncustodial parent under 
  5.2   subdivision 1, the court shall conduct a hearing to determine 
  5.3   the permanent status of a child not later than 12 months after 
  5.4   the child is placed in foster care or in the care of a 
  5.5   noncustodial parent. 
  5.6      For purposes of this subdivision, the date of the child's 
  5.7   placement in foster care is the earlier of the first 
  5.8   court-ordered placement or 60 days after the date on which the 
  5.9   child has been voluntarily placed in foster care by the child's 
  5.10  parent or guardian.  For purposes of this subdivision, time 
  5.11  spent by a child under the protective supervision of the 
  5.12  responsible social services agency in the home of a noncustodial 
  5.13  parent pursuant to an order under subdivision 1 counts towards 
  5.14  the requirement of a permanency hearing under this subdivision 
  5.15  or subdivision 11a. 
  5.16     For purposes of this subdivision, 12 months is calculated 
  5.17  as follows: 
  5.18     (1) during the pendency of a petition alleging that a child 
  5.19  is in need of protection or services, all time periods when a 
  5.20  child is placed in foster care or in the home of a noncustodial 
  5.21  parent are cumulated; 
  5.22     (2) if a child has been placed in foster care within the 
  5.23  previous five years under one or more previous petitions, the 
  5.24  lengths of all prior time periods when the child was placed in 
  5.25  foster care within the previous five years are cumulated.  If a 
  5.26  child under this clause has been in foster care for 12 months or 
  5.27  more, the court, if it is in the best interests of the child and 
  5.28  for compelling reasons, may extend the total time the child may 
  5.29  continue out of the home under the current petition up to an 
  5.30  additional six months before making a permanency determination.  
  5.31     (b) Unless the responsible social services agency 
  5.32  recommends return of the child to the custodial parent or 
  5.33  parents, not later than 30 days prior to this hearing, the 
  5.34  responsible social services agency shall file pleadings in 
  5.35  juvenile court to establish the basis for the juvenile court to 
  5.36  order permanent placement of the child according to paragraph 
  6.1   (d).  Notice of the hearing and copies of the pleadings must be 
  6.2   provided pursuant to section 260C.152.  If a termination of 
  6.3   parental rights petition is filed before the date required for 
  6.4   the permanency planning determination and there is a trial under 
  6.5   section 260C.163 scheduled on that petition within 90 days of 
  6.6   the filing of the petition, no hearing need be conducted under 
  6.7   this subdivision.  
  6.8      (c) At the conclusion of the hearing, the court shall order 
  6.9   the child returned to the care of the parent or guardian from 
  6.10  whom the child was removed or order a permanent placement in the 
  6.11  child's best interests.  The "best interests of the child" means 
  6.12  all relevant factors to be considered and evaluated.  Transfer 
  6.13  of permanent legal and physical custody, termination of parental 
  6.14  rights, or guardianship and legal custody to the commissioner 
  6.15  through a consent to adopt are preferred permanency options for 
  6.16  a child who cannot return home. 
  6.17     (d) If the child is not returned to the home, the court 
  6.18  must order one of the following dispositions: 
  6.19     (1) permanent legal and physical custody to a relative in 
  6.20  the best interests of the child according to the following 
  6.21  conditions: 
  6.22     (i) an order for transfer of permanent legal and physical 
  6.23  custody to a relative shall only be made after the court has 
  6.24  reviewed the suitability of the prospective legal and physical 
  6.25  custodian; 
  6.26     (ii) in transferring permanent legal and physical custody 
  6.27  to a relative, the juvenile court shall follow the standards 
  6.28  applicable under this chapter and chapter 260, and the 
  6.29  procedures set out in the juvenile court rules; 
  6.30     (iii) an order establishing permanent legal and physical 
  6.31  custody under this subdivision must be filed with the family 
  6.32  court; 
  6.33     (iv) a transfer of legal and physical custody includes 
  6.34  responsibility for the protection, education, care, and control 
  6.35  of the child and decision making on behalf of the child; 
  6.36     (v) the social services agency may bring a petition or 
  7.1   motion naming a fit and willing relative as a proposed permanent 
  7.2   legal and physical custodian.  The commissioner of human 
  7.3   services shall annually prepare for counties information that 
  7.4   must be given to proposed custodians about their legal rights 
  7.5   and obligations as custodians together with information on 
  7.6   financial and medical benefits for which the child is eligible; 
  7.7   and 
  7.8      (vi) the juvenile court may maintain jurisdiction over the 
  7.9   responsible social services agency, the parents or guardian of 
  7.10  the child, the child, and the permanent legal and physical 
  7.11  custodian for purposes of ensuring appropriate services are 
  7.12  delivered to the child and permanent legal custodian or for the 
  7.13  purpose of ensuring conditions ordered by the court related to 
  7.14  the care and custody of the child are met; 
  7.15     (2) termination of parental rights according to the 
  7.16  following conditions: 
  7.17     (i) unless the social services agency has already filed a 
  7.18  petition for termination of parental rights under section 
  7.19  260C.307, the court may order such a petition filed and all the 
  7.20  requirements of sections 260C.301 to 260C.328 remain applicable; 
  7.21  and 
  7.22     (ii) an adoption completed subsequent to a determination 
  7.23  under this subdivision may include an agreement for 
  7.24  communication or contact under section 259.58; 
  7.25     (3) long-term foster care according to the following 
  7.26  conditions: 
  7.27     (i) the court may order a child into long-term foster care 
  7.28  only if it finds compelling reasons that neither an award of 
  7.29  permanent legal and physical custody to a relative, nor 
  7.30  termination of parental rights is in the child's best interests; 
  7.31  and 
  7.32     (ii) further, the court may only order long-term foster 
  7.33  care for the child under this section if it finds the following: 
  7.34     (A) the child has reached age 12 and reasonable efforts by 
  7.35  the responsible social services agency have failed to locate an 
  7.36  adoptive family for the child; or 
  8.1      (B) the child is a sibling of a child described in subitem 
  8.2   (A) and the siblings have a significant positive relationship 
  8.3   and are ordered into the same long-term foster care home; 
  8.4      (4) foster care for a specified period of time according to 
  8.5   the following conditions: 
  8.6      (i) foster care for a specified period of time may be 
  8.7   ordered only if: 
  8.8      (A) the sole basis for an adjudication that the child is in 
  8.9   need of protection or services is the child's behavior; 
  8.10     (B) the court finds that foster care for a specified period 
  8.11  of time is in the best interests of the child; and 
  8.12     (C) the court finds compelling reasons that neither an 
  8.13  award of permanent legal and physical custody to a relative, nor 
  8.14  termination of parental rights is in the child's best interests; 
  8.15     (ii) the order does not specify that the child continue in 
  8.16  foster care for any period exceeding one year; or 
  8.17     (5) guardianship and legal custody to the commissioner of 
  8.18  human services under the following procedures and conditions: 
  8.19     (i) there is an identified prospective adoptive home that 
  8.20  has agreed to adopt the child, agreed to by the responsible 
  8.21  social services agency having legal custody of the child 
  8.22  pursuant to court order under this section, and the court 
  8.23  accepts the parent's voluntary consent to adopt under section 
  8.24  259.24; 
  8.25     (ii) if the court accepts a consent to adopt in lieu of 
  8.26  ordering one of the other enumerated permanency dispositions, 
  8.27  the court must review the matter at least every 90 days.  The 
  8.28  review will address the reasonable efforts of the agency to 
  8.29  achieve a finalized adoption; 
  8.30     (iii) a consent to adopt under this clause vests all legal 
  8.31  authority regarding the child, including guardianship and legal 
  8.32  custody of the child, with the commissioner of human services as 
  8.33  if the child were a state ward after termination of parental 
  8.34  rights; 
  8.35     (iv) the court must forward a copy of the consent to adopt, 
  8.36  together with a certified copy of the order transferring 
  9.1   guardianship and legal custody to the commissioner, to the 
  9.2   commissioner; and 
  9.3      (v) if an adoption is not finalized by the identified 
  9.4   prospective adoptive parent within 12 months of the execution of 
  9.5   the consent to adopt under this clause, the commissioner of 
  9.6   human services or the commissioner's delegate shall pursue 
  9.7   adoptive placement in another home unless the commissioner 
  9.8   certifies that the failure to finalize is not due to either an 
  9.9   action or a failure to act by the prospective adoptive parent; 
  9.10  and 
  9.11     (vi) notwithstanding item (v), the commissioner of human 
  9.12  services or the commissioner's designee must pursue adoptive 
  9.13  placement in another home as soon as the commissioner or 
  9.14  commissioner's designee determines that finalization of the 
  9.15  adoption with the identified prospective adoptive parent is not 
  9.16  possible, that the identified prospective adoptive parent is not 
  9.17  willing to adopt the child, that the identified prospective 
  9.18  adoptive parent is not cooperative in completing the steps 
  9.19  necessary to finalize the adoption, or upon the commissioner's 
  9.20  determination to withhold consent to the adoption. 
  9.21     (e) In ordering a permanent placement of a child, the court 
  9.22  must be governed by the best interests of the child, including a 
  9.23  review of the relationship between the child and relatives and 
  9.24  the child and other important persons with whom the child has 
  9.25  resided or had significant contact. 
  9.26     (f) Once a permanent placement determination has been made 
  9.27  and permanent placement has been established, further court 
  9.28  reviews are necessary if: 
  9.29     (1) the placement is long-term foster care or foster care 
  9.30  for a specified period of time; 
  9.31     (2) the court orders further hearings because it has 
  9.32  retained jurisdiction of a transfer of permanent legal and 
  9.33  physical custody matter; 
  9.34     (3) an adoption has not yet been finalized; or 
  9.35     (4) there is a disruption of the permanent or long-term 
  9.36  placement.  
 10.1      (g) Court reviews of an order for long-term foster care, 
 10.2   whether under this section or section 260C.317, subdivision 3, 
 10.3   paragraph (d), or foster care for a specified period of time 
 10.4   must be conducted at least yearly and must review the child's 
 10.5   out-of-home placement plan and the reasonable efforts of the 
 10.6   agency to: 
 10.7      (1) identify a specific long-term foster home for the child 
 10.8   or a specific foster home for the time the child is specified to 
 10.9   be out of the care of the parent, if one has not already been 
 10.10  identified; 
 10.11     (2) support continued placement of the child in the 
 10.12  identified home, if one has been identified; 
 10.13     (3) ensure appropriate services are provided to the child 
 10.14  during the period of long-term foster care or foster care for a 
 10.15  specified period of time; 
 10.16     (4) plan for the child's independence upon the child's 
 10.17  leaving long-term foster care living as required under section 
 10.18  260C.212, subdivision 1; and 
 10.19     (5) where placement is for a specified period of time, a 
 10.20  plan for the safe return of the child to the care of the parent. 
 10.21     (h) An order under this subdivision must include the 
 10.22  following detailed findings: 
 10.23     (1) how the child's best interests are served by the order; 
 10.24     (2) the nature and extent of the responsible social service 
 10.25  agency's reasonable efforts, or, in the case of an Indian child, 
 10.26  active efforts to reunify the child with the parent or parents; 
 10.27     (3) the parent's or parents' efforts and ability to use 
 10.28  services to correct the conditions which led to the out-of-home 
 10.29  placement; and 
 10.30     (4) whether the conditions which led to the out-of-home 
 10.31  placement have been corrected so that the child can return home. 
 10.32     (i) An order for permanent legal and physical custody of a 
 10.33  child may be modified under sections 518.18 and 518.185.  The 
 10.34  social services agency is a party to the proceeding and must 
 10.35  receive notice.  A parent may only seek modification of an order 
 10.36  for long-term foster care upon motion and a showing by the 
 11.1   parent of a substantial change in the parent's circumstances 
 11.2   such that the parent could provide appropriate care for the 
 11.3   child and that removal of the child from the child's permanent 
 11.4   placement and the return to the parent's care would be in the 
 11.5   best interest of the child. 
 11.6      (j) The court shall issue an order required under this 
 11.7   section within 15 days of the close of the proceedings.  The 
 11.8   court may extend issuing the order an additional 15 days when 
 11.9   necessary in the interests of justice and the best interests of 
 11.10  the child. 
 11.11     Sec. 6.  [260C.209] [BACKGROUND CHECKS.] 
 11.12     Subdivision 1.  [SUBJECTS.] (a) The responsible social 
 11.13  services agency must conduct a background check under this 
 11.14  section of the following: 
 11.15     (1) a noncustodial parent or nonadjudicated parent who is 
 11.16  being assessed for purposes of providing day-to-day care of a 
 11.17  child temporarily or permanently under section 260C.212, 
 11.18  subdivision 4, and any member of the parent's household who is 
 11.19  over the age of 13 when there is reasonable cause to believe 
 11.20  that the parent or household member over age 13 has a criminal 
 11.21  history or a history of maltreatment of a child or vulnerable 
 11.22  adult which would endanger the child's health, safety, or 
 11.23  welfare; 
 11.24     (2) an individual whose suitability for relative placement 
 11.25  under section 260C.212, subdivision 5, is being determined, and 
 11.26  any member of the relative's household who is over the age of 13 
 11.27  when: 
 11.28     (i) the relative must be licensed for foster care; or 
 11.29     (ii) the agency must conduct a background study under 
 11.30  section 259.53, subdivision 2; or 
 11.31     (iii) the agency has reasonable cause to believe the 
 11.32  relative or household member over the age of 13 has a criminal 
 11.33  history which would not make transfer of permanent legal and 
 11.34  physical custody to the relative under section 260C.201, 
 11.35  subdivision 11, in the child's best interest; and 
 11.36     (3) a parent, following an out-of-home placement: 
 12.1      (i) when the responsible social service agency has 
 12.2   reasonable cause to believe that the parent has been convicted 
 12.3   of a crime directly related to the parent's capacity to maintain 
 12.4   the child's health, safety, or welfare; or 
 12.5      (ii) the parent is the subject of an open investigation of, 
 12.6   or has been the subject of a substantiated allegation of, child 
 12.7   or vulnerable-adult maltreatment within the past ten years. 
 12.8      (b) "Reasonable cause" means that the agency has received 
 12.9   information or a report from the subject or a third person that 
 12.10  creates an articulable suspicion that the individual has a 
 12.11  history that may pose a risk to the health, safety, or welfare 
 12.12  of the child.  The information or report must be specific to the 
 12.13  potential subject of the background check and shall not be based 
 12.14  on the race, religion, ethnic background, age, class, or 
 12.15  lifestyle of the potential subject.  
 12.16     Subd. 2.  [GENERAL PROCEDURES.] (a) When conducting a 
 12.17  background check under subdivision 1, the agency may require the 
 12.18  individual being assessed to provide sufficient information to 
 12.19  ensure an accurate assessment under this section, including: 
 12.20     (1) the individual's first, middle, and last name and all 
 12.21  other names by which the individual has been known; 
 12.22     (2) home address, zip code, city, county, and state of 
 12.23  residence for the past ten years; 
 12.24     (3) sex; 
 12.25     (4) date of birth; and 
 12.26     (5) driver's license number or state identification number. 
 12.27     (b) When notified by the responsible social services agency 
 12.28  that it is conducting an assessment under this section, the 
 12.29  Bureau of Criminal Apprehension, commissioners of health and 
 12.30  human services, law enforcement, and county agencies must 
 12.31  provide the responsible social services agency or county 
 12.32  attorney with the following information on the individual being 
 12.33  assessed:  criminal history data, reports about the maltreatment 
 12.34  of adults substantiated under section 626.557, and reports of 
 12.35  maltreatment of minors substantiated under section 626.556. 
 12.36     Subd. 3.  [MULTISTATE INFORMATION.] (a) For any assessment 
 13.1   completed under this section, if the responsible social services 
 13.2   agency has reasonable cause to believe that the individual is a 
 13.3   multistate offender, the individual must provide the responsible 
 13.4   social services agency or the county attorney with a set of 
 13.5   classifiable fingerprints obtained from an authorized law 
 13.6   enforcement agency.  The responsible social services agency or 
 13.7   county attorney may obtain criminal history data from the 
 13.8   National Criminal Records Repository by submitting the 
 13.9   fingerprints to the Bureau of Criminal Apprehension.  
 13.10     (b) For purposes of this subdivision, the responsible 
 13.11  social services agency has reasonable cause when, but not 
 13.12  limited to: 
 13.13     (1) information from the Bureau of Criminal Apprehension 
 13.14  indicates that the individual is a multistate offender; 
 13.15     (2) information from the Bureau of Criminal Apprehension 
 13.16  indicates that multistate offender status is undetermined; 
 13.17     (3) the social services agency has received a report from 
 13.18  the individual or a third party indicating that the individual 
 13.19  has a criminal history in a jurisdiction other than Minnesota; 
 13.20  or 
 13.21     (4) the individual is or has been a resident of a state 
 13.22  other than Minnesota at any time during the prior ten years.  
 13.23     Subd. 4.  [NOTICE UPON RECEIPT.] The responsible social 
 13.24  services agency must provide the subject of the background study 
 13.25  with the results of the study under this section within 15 
 13.26  business days of receipt or at least 15 days prior to hearing at 
 13.27  which the results will be presented, whichever comes first.  The 
 13.28  subject may provide written information to the agency that the 
 13.29  results are incorrect and may provide additional or clarifying 
 13.30  information to the agency and to the court through a party to 
 13.31  the proceeding.  This provision does not apply to any background 
 13.32  study conducted under chapters 245A and 245C.  
 13.33     Sec. 7.  Minnesota Statutes 2004, section 260C.212, 
 13.34  subdivision 4, is amended to read: 
 13.35     Subd. 4.  [RESPONSIBLE SOCIAL SERVICE AGENCY'S DUTIES FOR 
 13.36  CHILDREN IN PLACEMENT.] (a) When a child is in placement, the 
 14.1   responsible social services agency shall make diligent efforts 
 14.2   to identify, locate, and, where appropriate, offer services to 
 14.3   both parents of the child. 
 14.4      (1) If The responsible social services agency shall assess 
 14.5   whether a noncustodial or nonadjudicated parent is willing and 
 14.6   capable of providing for the day-to-day care of the child 
 14.7   temporarily or permanently.  An assessment under this clause may 
 14.8   include, but is not limited to, obtaining information under 
 14.9   section 260C.209.  If after assessment, the responsible social 
 14.10  services agency determines that a noncustodial or nonadjudicated 
 14.11  parent is willing and capable of providing day-to-day care of 
 14.12  the child, the responsible social services agency may seek 
 14.13  authority from the custodial parent or the court to have that 
 14.14  parent assume day-to-day care of the child.  If a parent is not 
 14.15  an adjudicated parent, the responsible social services agency 
 14.16  shall require the nonadjudicated parent to cooperate with 
 14.17  paternity establishment procedures as part of the case plan.  
 14.18     (2) If, after assessment, the responsible social services 
 14.19  agency determines that the child cannot be in the day-to-day 
 14.20  care of either parent,: 
 14.21     (i) the agency shall prepare an out-of-home placement plan 
 14.22  addressing the conditions that each parent must meet before the 
 14.23  child can be in that parent's day-to-day care; 
 14.24     (ii) provide a parent who is the subject of a background 
 14.25  study under section 260C.209, 15 days' notice that it intends to 
 14.26  use the study to recommend against putting the child with that 
 14.27  parent, as well as the notice provided in section 260C.209, 
 14.28  subdivision 4, and the court shall afford the parent an 
 14.29  opportunity to be heard concerning the study; and 
 14.30     (iii) the results of a background study of a noncustodial 
 14.31  parent shall not be used by the agency to determine that the 
 14.32  parent is incapable of providing day-to-day care of the child 
 14.33  unless the agency reasonably believes that placement of the 
 14.34  child into the home of that parent would endanger the child's 
 14.35  health, safety, or welfare. 
 14.36     (3) If, after the provision of services following an 
 15.1   out-of-home placement plan under this section, the child cannot 
 15.2   return to the care of the parent from whom the child was removed 
 15.3   or who had legal custody at the time the child was placed in 
 15.4   foster care, the agency may petition on behalf of a noncustodial 
 15.5   parent to establish legal custody with that parent under section 
 15.6   260C.201, subdivision 11.  If paternity has not already been 
 15.7   established, it may be established in the same proceeding in the 
 15.8   manner provided for under chapter 257. 
 15.9      (4) The responsible social services agency may be relieved 
 15.10  of the requirement to locate and offer services to both parents 
 15.11  by the juvenile court upon a finding of good cause after the 
 15.12  filing of a petition under section 260C.141. 
 15.13     (b) The responsible social services agency shall give 
 15.14  notice to the parent or parents or guardian of each child in a 
 15.15  residential facility, other than a child in placement due solely 
 15.16  to that child's developmental disability or emotional 
 15.17  disturbance, of the following information: 
 15.18     (1) that residential care of the child may result in 
 15.19  termination of parental rights or an order permanently placing 
 15.20  the child out of the custody of the parent, but only after 
 15.21  notice and a hearing as required under chapter 260C and the 
 15.22  juvenile court rules; 
 15.23     (2) time limits on the length of placement and of 
 15.24  reunification services, including the date on which the child is 
 15.25  expected to be returned to and safely maintained in the home of 
 15.26  the parent or parents or placed for adoption or otherwise 
 15.27  permanently removed from the care of the parent by court order; 
 15.28     (3) the nature of the services available to the parent; 
 15.29     (4) the consequences to the parent and the child if the 
 15.30  parent fails or is unable to use services to correct the 
 15.31  circumstances that led to the child's placement; 
 15.32     (5) the first consideration for placement with relatives; 
 15.33     (6) the benefit to the child in getting the child out of 
 15.34  residential care as soon as possible, preferably by returning 
 15.35  the child home, but if that is not possible, through a permanent 
 15.36  legal placement of the child away from the parent; 
 16.1      (7) when safe for the child, the benefits to the child and 
 16.2   the parent of maintaining visitation with the child as soon as 
 16.3   possible in the course of the case and, in any event, according 
 16.4   to the visitation plan under this section; and 
 16.5      (8) the financial responsibilities and obligations, if any, 
 16.6   of the parent or parents for the support of the child during the 
 16.7   period the child is in the residential facility. 
 16.8      (c) The responsible social services agency shall inform a 
 16.9   parent considering voluntary placement of a child who is not 
 16.10  developmentally disabled or emotionally disturbed of the 
 16.11  following information: 
 16.12     (1) the parent and the child each has a right to separate 
 16.13  legal counsel before signing a voluntary placement agreement, 
 16.14  but not to counsel appointed at public expense; 
 16.15     (2) the parent is not required to agree to the voluntary 
 16.16  placement, and a parent who enters a voluntary placement 
 16.17  agreement may at any time request that the agency return the 
 16.18  child.  If the parent so requests, the child must be returned 
 16.19  within 24 hours of the receipt of the request; 
 16.20     (3) evidence gathered during the time the child is 
 16.21  voluntarily placed may be used at a later time as the basis for 
 16.22  a petition alleging that the child is in need of protection or 
 16.23  services or as the basis for a petition seeking termination of 
 16.24  parental rights or other permanent placement of the child away 
 16.25  from the parent; 
 16.26     (4) if the responsible social services agency files a 
 16.27  petition alleging that the child is in need of protection or 
 16.28  services or a petition seeking the termination of parental 
 16.29  rights or other permanent placement of the child away from the 
 16.30  parent, the parent would have the right to appointment of 
 16.31  separate legal counsel and the child would have a right to the 
 16.32  appointment of counsel and a guardian ad litem as provided by 
 16.33  law, and that counsel will be appointed at public expense if 
 16.34  they are unable to afford counsel; and 
 16.35     (5) the timelines and procedures for review of voluntary 
 16.36  placements under subdivision 3, and the effect the time spent in 
 17.1   voluntary placement on the scheduling of a permanent placement 
 17.2   determination hearing under section 260C.201, subdivision 11.  
 17.3      (d) When an agency accepts a child for placement, the 
 17.4   agency shall determine whether the child has had a physical 
 17.5   examination by or under the direction of a licensed physician 
 17.6   within the 12 months immediately preceding the date when the 
 17.7   child came into the agency's care.  If there is documentation 
 17.8   that the child has had an examination within the last 12 months, 
 17.9   the agency is responsible for seeing that the child has another 
 17.10  physical examination within one year of the documented 
 17.11  examination and annually in subsequent years.  If the agency 
 17.12  determines that the child has not had a physical examination 
 17.13  within the 12 months immediately preceding placement, the agency 
 17.14  shall ensure that the child has an examination within 30 days of 
 17.15  coming into the agency's care and once a year in subsequent 
 17.16  years.