1.1 	A bill for an act
1.2 	relating to human services; implementing child
1.3 	protection, child care, and child and family support
1.4 	provisions; amending Minnesota Statutes 2004, sections
1.5 	119A.43, subdivision 2; 119B.025, subdivision 1;
1.6 	119B.03, subdivision 6; 119B.09, subdivisions 4, 9;
1.7 	144D.025; 256.978, subdivision 2; 256D.02, subdivision
1.8 	17; 256D.051, subdivision 6c; 256I.04, subdivision 2a;
1.9 	256I.05, by adding a subdivision; 256J.626,
1.10 	subdivisions 6, 7, 8; 256J.751, subdivisions 2, 5;
1.11 	257.85, subdivisions 2, 3; 259.23, subdivisions 1, 2;
1.12 	259.41, subdivision 3; 259.67, subdivisions 2, 4;
1.13 	259.75, subdivision 1; 259.79, subdivision 1; 259.85,
1.14 	subdivision 1; 260.012; 260C.001, subdivision 3;
1.15 	260C.007, subdivision 8; 260C.151, subdivision 6;
1.16 	260C.178; 260C.201, subdivisions 1, 10, 11; 260C.312;
1.17 	260C.317, subdivision 3; 518.551, subdivision 5;
1.18 	518.68, subdivision 2; 548.091, subdivision 1a;
1.19 	626.556, subdivisions 1, 2, 3, 10, 10b, 10e, 10f, 10i,
1.20 	11, 11c, by adding subdivisions; repealing Minnesota
1.21 	Statutes 2004, sections 626.5551, subdivisions 1, 2,
1.22 	3, 4, 5; Minnesota Rules, parts 9500.1206, subparts
1.23 	20, 26d, 27; 9560.0220, subpart 6, item B; 9560.0230,
1.24 	subpart 2.
1.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.26 	ARTICLE 1
1.27 	CHILD WELFARE:  ALTERNATIVE RESPONSE

1.28 	Section 1. Minnesota Statutes 2004, section 626.556,
1.29 	subdivision 1, is amended to read:
1.30 		Subdivision 1.Public policy.  The legislature hereby
1.31 	declares that the public policy of this state is to protect
1.32 	children whose health or welfare may be jeopardized through
1.33 	physical abuse, neglect, or sexual abuse. While it is
1.34 	recognized that most parents want to keep their children safe,
1.35 	sometimes circumstances or conditions interfere with their
2.1 	ability to do so.  When this occurs, families are best served by
2.2 	interventions that engage their protective capacities and
2.3 	address immediate safety concerns and ongoing risks of child
2.4 	maltreatment.In furtherance of this public policy, it is the
2.5 	intent of the legislature under this section to strengthen the
2.6 	family and make the home, school, and community safe for
2.7 	children by promoting responsible child care in all settings;
2.8 	and to provide, when necessary, a safe temporary or permanent
2.9 	home environment for physically or sexually abused or neglected
2.10 	children.
2.11 	In addition, it is the policy of this state to require the
2.12 	reporting of neglect, physical or sexual abuse of children in
2.13 	the home, school, and community settings; to provide for the
2.14 	voluntary reporting of abuse or neglect of children; to require
2.15 	the a family assessment and , when appropriate, as the preferred
2.16 	response to reports not alleging substantial child endangerment;
2.17 	to require an investigation of the reports when the report
2.18 	alleges substantial child endangerment; and to provide
2.19 	protective and counseling , family support, and family
2.20 	preservation services when needed in appropriate cases.

2.21 	Sec. 2. Minnesota Statutes 2004, section 626.556,
2.22 	subdivision 2, is amended to read:
2.23 		Subd. 2.Definitions.  As used in this section, the
2.24 	following terms have the meanings given them unless the specific
2.25 	content indicates otherwise:
2.26 	(a) "Family assessment" means a comprehensive assessment of
2.27 	child safety, risk of subsequent child maltreatment, and family
2.28 	strengths and needs that is applied to a child maltreatment
2.29 	report that does not allege substantial child endangerment.
2.30 	Family assessment does not include a determination as to whether
2.31 	child maltreatment occurred but does determine the need for
2.32 	services to address the safety of family members and the risk of
2.33 	subsequent maltreatment.
2.34 	(b) "Investigation" means fact gathering related to the
2.35 	current safety of a child and the risk of subsequent
2.36 	maltreatment that determines whether child maltreatment occurred
3.1 	and whether child protective services are needed.  An
3.2 	investigation must be used when reports involve substantial
3.3 	child endangerment, and for reports of maltreatment in
3.4 	facilities required to be licensed under chapter 245A or 245B;
3.5 	under sections 144.50 to 144.58 and 241.021; in a school as
3.6 	defined in sections 120A.05, subdivisions 9, 11, and 13, and
3.7 	124D.10; or in a nonlicensed personal care provider association
3.8 	as defined in sections 256B.04, subdivision 16, and 256B.0625,
3.9 	subdivision 19a.
3.10 	(c) "Substantial child endangerment" means a person
3.11 	responsible for a child's care, a person who has a significant
3.12 	relationship to the child as defined in section 609.341, or a
3.13 	person in a position of authority as defined in section 609.341,
3.14 	who by act or omission commits or attempts to commit an act
3.15 	against a child under their care that constitutes any of the
3.16 	following:
3.17 	(1) egregious harm as defined in section 260C.007,
3.18 	subdivision 14;
3.19 	(2) sexual abuse as defined in paragraph (d);
3.20 	(3) abandonment under section 260C.301, subdivision 2;
3.21 	(4) neglect as defined in paragraph (f), clause (2), that
3.22 	substantially endangers the child's physical or mental health,
3.23 	including a growth delay, which may be referred to as failure to
3.24 	thrive, that has been diagnosed by a physician and is due to
3.25 	parental neglect;
3.26 	(5) murder in the first, second, or third degree under
3.27 	section 609.185, 609.19, or 609.195;
3.28 	(6) manslaughter in the first or second degree under
3.29 	section 609.20 or 609.205;
3.30 	(7) assault in the first, second, or third degree under
3.31 	section 609.221, 609.222, or 609.223;
3.32 	(8) solicitation, inducement, and promotion of prostitution
3.33 	under section 609.322;
3.34 	(9) criminal sexual conduct under sections 609.342 to
3.35 	609.3451;
3.36 	(10) solicitation of children to engage in sexual conduct
4.1 	under section 609.352;
4.2 	(11) malicious punishment or neglect or endangerment of a
4.3 	child under section 609.377 or 609.378;
4.4 	(12) use of a minor in sexual performance under section
4.5 	617.246; or 
4.6 	(13) parental behavior, status, or condition which mandates
4.7 	that the county attorney file a termination of parental rights
4.8 	petition under section 260C.301, subdivision 3, paragraph (a).
4.9 	(d) "Sexual abuse" means the subjection of a child by a
4.10 	person responsible for the child's care, by a person who has a
4.11 	significant relationship to the child, as defined in section
4.12 	609.341, or by a person in a position of authority, as defined
4.13 	in section 609.341, subdivision 10, to any act which constitutes
4.14 	a violation of section 609.342 (criminal sexual conduct in the
4.15 	first degree), 609.343 (criminal sexual conduct in the second
4.16 	degree), 609.344 (criminal sexual conduct in the third degree),
4.17 	609.345 (criminal sexual conduct in the fourth degree), or
4.18 	609.3451 (criminal sexual conduct in the fifth degree).  Sexual
4.19 	abuse also includes any act which involves a minor which
4.20 	constitutes a violation of prostitution offenses under sections
4.21 	609.321 to 609.324 or 617.246.  Sexual abuse includes threatened
4.22 	sexual abuse.
4.23 	(b) (e) "Person responsible for the child's care" means (1)
4.24 	an individual functioning within the family unit and having
4.25 	responsibilities for the care of the child such as a parent,
4.26 	guardian, or other person having similar care responsibilities,
4.27 	or (2) an individual functioning outside the family unit and
4.28 	having responsibilities for the care of the child such as a
4.29 	teacher, school administrator, other school employees or agents,
4.30 	or other lawful custodian of a child having either full-time or
4.31 	short-term care responsibilities including, but not limited to,
4.32 	day care, babysitting whether paid or unpaid, counseling,
4.33 	teaching, and coaching.
4.34 	(c) (f) "Neglect" means:
4.35 	(1) failure by a person responsible for a child's care to
4.36 	supply a child with necessary food, clothing, shelter, health,
5.1 	medical, or other care required for the child's physical or
5.2 	mental health when reasonably able to do so;
5.3 	(2) failure to protect a child from conditions or actions
5.4 	that seriously endanger the child's physical or mental health
5.5 	when reasonably able to do so, including a growth delay, which
5.6 	may be referred to as a failure to thrive, that has been
5.7 	diagnosed by a physician and is due to parental neglect;
5.8 	(3) failure to provide for necessary supervision or child
5.9 	care arrangements appropriate for a child after considering
5.10 	factors as the child's age, mental ability, physical condition,
5.11 	length of absence, or environment, when the child is unable to
5.12 	care for the child's own basic needs or safety, or the basic
5.13 	needs or safety of another child in their care;
5.14 	(4) failure to ensure that the child is educated as defined
5.15 	in sections 120A.22 and 260C.163, subdivision 11, which does not
5.16 	include a parent's refusal to provide the parent's child with
5.17 	sympathomimetic medications, consistent with section 125A.091,
5.18 	subdivision 5;
5.19 	(5) nothing in this section shall be construed to mean that
5.20 	a child is neglected solely because the child's parent,
5.21 	guardian, or other person responsible for the child's care in
5.22 	good faith selects and depends upon spiritual means or prayer
5.23 	for treatment or care of disease or remedial care of the child
5.24 	in lieu of medical care; except that a parent, guardian, or
5.25 	caretaker, or a person mandated to report pursuant to
5.26 	subdivision 3, has a duty to report if a lack of medical care
5.27 	may cause serious danger to the child's health.  This section
5.28 	does not impose upon persons, not otherwise legally responsible
5.29 	for providing a child with necessary food, clothing, shelter,
5.30 	education, or medical care, a duty to provide that care;
5.31 	(6) prenatal exposure to a controlled substance, as defined
5.32 	in section 253B.02, subdivision 2, used by the mother for a
5.33 	nonmedical purpose, as evidenced by withdrawal symptoms in the
5.34 	child at birth, results of a toxicology test performed on the
5.35 	mother at delivery or the child at birth, or medical effects or
5.36 	developmental delays during the child's first year of life that
6.1 	medically indicate prenatal exposure to a controlled substance;
6.2 	(7) "medical neglect" as defined in section 260C.007,
6.3 	subdivision 6, clause (5);
6.4 	(8) chronic and severe use of alcohol or a controlled
6.5 	substance by a parent or person responsible for the care of the
6.6 	child that adversely affects the child's basic needs and safety;
6.7 	or
6.8 	(9) emotional harm from a pattern of behavior which
6.9 	contributes to impaired emotional functioning of the child which
6.10 	may be demonstrated by a substantial and observable effect in
6.11 	the child's behavior, emotional response, or cognition that is
6.12 	not within the normal range for the child's age and stage of
6.13 	development, with due regard to the child's culture.
6.14 	(d) (g) "Physical abuse" means any physical injury, mental
6.15 	injury, or threatened injury, inflicted by a person responsible
6.16 	for the child's care on a child other than by accidental means,
6.17 	or any physical or mental injury that cannot reasonably be
6.18 	explained by the child's history of injuries, or any aversive or
6.19 	deprivation procedures, or regulated interventions, that have
6.20 	not been authorized under section 121A.67 or 245.825.  Abuse
6.21 	does not include reasonable and moderate physical discipline of
6.22 	a child administered by a parent or legal guardian which does
6.23 	not result in an injury.  Abuse does not include the use of
6.24 	reasonable force by a teacher, principal, or school employee as
6.25 	allowed by section 121A.582.  Actions which are not reasonable
6.26 	and moderate include, but are not limited to, any of the
6.27 	following that are done in anger or without regard to the safety
6.28 	of the child:
6.29 	(1) throwing, kicking, burning, biting, or cutting a child;
6.30 	(2) striking a child with a closed fist;
6.31 	(3) shaking a child under age three;
6.32 	(4) striking or other actions which result in any
6.33 	nonaccidental injury to a child under 18 months of age;
6.34 	(5) unreasonable interference with a child's breathing;
6.35 	(6) threatening a child with a weapon, as defined in
6.36 	section 609.02, subdivision 6;
7.1 	(7) striking a child under age one on the face or head;
7.2 	(8) purposely giving a child poison, alcohol, or dangerous,
7.3 	harmful, or controlled substances which were not prescribed for
7.4 	the child by a practitioner, in order to control or punish the
7.5 	child; or other substances that substantially affect the child's
7.6 	behavior, motor coordination, or judgment or that results in
7.7 	sickness or internal injury, or subjects the child to medical
7.8 	procedures that would be unnecessary if the child were not
7.9 	exposed to the substances;
7.10 	(9) unreasonable physical confinement or restraint not
7.11 	permitted under section 609.379, including but not limited to
7.12 	tying, caging, or chaining; or
7.13 	(10) in a school facility or school zone, an act by a
7.14 	person responsible for the child's care that is a violation
7.15 	under section 121A.58.
7.16 	(e) (h) "Report" means any report received by the local
7.17 	welfare agency, police department, county sheriff, or agency
7.18 	responsible for assessing or investigating maltreatment pursuant
7.19 	to this section.
7.20 	(f) (i) "Facility" means a licensed or unlicensed day care
7.21 	facility, residential facility, agency, hospital, sanitarium, or
7.22 	other facility or institution required to be licensed under
7.23 	sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or
7.24 	chapter 245B; or a school as defined in sections 120A.05,
7.25 	subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed
7.26 	personal care provider organization as defined in sections
7.27 	256B.04, subdivision 16, and 256B.0625, subdivision 19a.
7.28 	(g) (j) "Operator" means an operator or agency as defined
7.29 	in section 245A.02.
7.30 	(h) (k) "Commissioner" means the commissioner of human
7.31 	services.
7.32 	(i) "Assessment" includes authority to interview the child,
7.33 	the person or persons responsible for the child's care, the
7.34 	alleged perpetrator, and any other person with knowledge of the
7.35 	abuse or neglect for the purpose of gathering the facts,
7.36 	assessing the risk to the child, and formulating a plan.
8.1 	(j) (l) "Practice of social services," for the purposes of
8.2 	subdivision 3, includes but is not limited to employee
8.3 	assistance counseling and the provision of guardian ad litem and
8.4 	parenting time expeditor services.
8.5 	(k) (m) "Mental injury" means an injury to the
8.6 	psychological capacity or emotional stability of a child as
8.7 	evidenced by an observable or substantial impairment in the
8.8 	child's ability to function within a normal range of performance
8.9 	and behavior with due regard to the child's culture.
8.10 	(l) (n) "Threatened injury" means a statement, overt act,
8.11 	condition, or status that represents a substantial risk of
8.12 	physical or sexual abuse or mental injury.  Threatened injury
8.13 	includes, but is not limited to, exposing a child to a person
8.14 	responsible for the child's care, as defined in
8.15 	paragraph (b) (e), clause (1), who has:
8.16 	(1) subjected a child to, or failed to protect a child
8.17 	from, an overt act or condition that constitutes egregious harm,
8.18 	as defined in section 260C.007, subdivision 14, or a similar law
8.19 	of another jurisdiction;
8.20 	(2) been found to be palpably unfit under section 260C.301,
8.21 	paragraph (b), clause (4), or a similar law of another
8.22 	jurisdiction;
8.23 	(3) committed an act that has resulted in an involuntary
8.24 	termination of parental rights under section 260C.301, or a
8.25 	similar law of another jurisdiction; or
8.26 	(4) committed an act that has resulted in the involuntary
8.27 	transfer of permanent legal and physical custody of a child to a
8.28 	relative under section 260C.201, subdivision 11, paragraph (d),
8.29 	clause (1), or a similar law of another jurisdiction.
8.30 	(m) (o) Persons who conduct assessments or investigations
8.31 	under this section shall take into account accepted
8.32 	child-rearing practices of the culture in which a child
8.33 	participates and accepted teacher discipline practices, which
8.34 	are not injurious to the child's health, welfare, and safety.

8.35 	Sec. 3. Minnesota Statutes 2004, section 626.556,
8.36 	subdivision 3, is amended to read:
9.1 		Subd. 3.Persons mandated to report.  (a) A person who
9.2 	knows or has reason to believe a child is being neglected or
9.3 	physically or sexually abused, as defined in subdivision 2, or
9.4 	has been neglected or physically or sexually abused within the
9.5 	preceding three years, shall immediately report the information
9.6 	to the local welfare agency, agency responsible for assessing or
9.7 	investigating the report, police department, or the county
9.8 	sheriff if the person is:
9.9 	(1) a professional or professional's delegate who is
9.10 	engaged in the practice of the healing arts, social services,
9.11 	hospital administration, psychological or psychiatric treatment,
9.12 	child care, education, probation and correctional services,or
9.13 	law enforcement; or
9.14 	(2) employed as a member of the clergy and received the
9.15 	information while engaged in ministerial duties, provided that a
9.16 	member of the clergy is not required by this subdivision to
9.17 	report information that is otherwise privileged under section
9.18 	595.02, subdivision 1, paragraph (c).
9.19 	The police department or the county sheriff, upon receiving
9.20 	a report, shall immediately notify the local welfare agency or
9.21 	agency responsible for assessing or investigating the report,
9.22 	orally and in writing.  The local welfare agency, or agency
9.23 	responsible for assessing or investigating the report, upon
9.24 	receiving a report, shall immediately notify the local police
9.25 	department or the county sheriff orally and in writing.  The
9.26 	county sheriff and the head of every local welfare agency,
9.27 	agency responsible for assessing or investigating reports, and
9.28 	police department shall each designate a person within their
9.29 	agency, department, or office who is responsible for ensuring
9.30 	that the notification duties of this paragraph and paragraph (b)
9.31 	are carried out.  Nothing in this subdivision shall be construed
9.32 	to require more than one report from any institution, facility,
9.33 	school, or agency.
9.34 	(b) Any person may voluntarily report to the local welfare
9.35 	agency, agency responsible for assessing or investigating the
9.36 	report, police department, or the county sheriff if the person
10.1 	knows, has reason to believe, or suspects a child is being or
10.2 	has been neglected or subjected to physical or sexual abuse.
10.3 	The police department or the county sheriff, upon receiving a
10.4 	report, shall immediately notify the local welfare agency or
10.5 	agency responsible for assessing or investigating the report,
10.6 	orally and in writing.  The local welfare agency or agency
10.7 	responsible for assessing or investigating the report, upon
10.8 	receiving a report, shall immediately notify the local police
10.9 	department or the county sheriff orally and in writing.
10.10 	(c) A person mandated to report physical or sexual child
10.11 	abuse or neglect occurring within a licensed facility shall
10.12 	report the information to the agency responsible for licensing
10.13 	the facility under sections 144.50 to 144.58; 241.021; 245A.01
10.14 	to 245A.16; or chapter 245B; or a nonlicensed personal care
10.15 	provider organization as defined in sections 256B.04,
10.16 	subdivision 16; and 256B.0625, subdivision 19.  A health or
10.17 	corrections agency receiving a report may request the local
10.18 	welfare agency to provide assistance pursuant to subdivisions
10.19 	10, 10a, and 10b.  A board or other entity whose licensees
10.20 	perform work within a school facility, upon receiving a
10.21 	complaint of alleged maltreatment, shall provide information
10.22 	about the circumstances of the alleged maltreatment to the
10.23 	commissioner of education.  Section 13.03, subdivision 4,
10.24 	applies to data received by the commissioner of education from a
10.25 	licensing entity.
10.26 	(d) Any person mandated to report shall receive a summary
10.27 	of the disposition of any report made by that reporter,
10.28 	including whether the case has been opened for child protection
10.29 	or other services, or if a referral has been made to a community
10.30 	organization, unless release would be detrimental to the best
10.31 	interests of the child.  Any person who is not mandated to
10.32 	report shall, upon request to the local welfare agency, receive
10.33 	a concise summary of the disposition of any report made by that
10.34 	reporter, unless release would be detrimental to the best
10.35 	interests of the child.
10.36 	(e) For purposes of this subdivision, "immediately" means
11.1 	as soon as possible but in no event longer than 24 hours.

11.2 	Sec. 4. Minnesota Statutes 2004, section 626.556, is
11.3 	amended by adding a subdivision to read:
11.4 		Subd. 3d.Authority to interview. The agency responsible
11.5 	for assessing or investigating reports of child maltreatment has
11.6 	the authority to interview the child, the person or persons
11.7 	responsible for the child's care, the alleged perpetrator, and
11.8 	any other person with knowledge of the abuse or neglect for the
11.9 	purpose of gathering the facts, assessing safety and risk to the
11.10 	child, and formulating a plan.

11.11 	Sec. 5. Minnesota Statutes 2004, section 626.556,
11.12 	subdivision 10, is amended to read:
11.13 		Subd. 10.Duties of local welfare agency and local law
11.14 	enforcement agency upon receipt of a report.  (a) Upon receipt
11.15 	of a report, the local welfare agency shall determine whether to
11.16 	conduct a family assessment or an investigation as appropriate
11.17 	to prevent or provide a remedy for child maltreatment.  The
11.18 	local welfare agency:
11.19 	(1) shall conduct an investigation on reports involving
11.20 	substantial child endangerment;
11.21 	(2) shall begin an immediate investigation if, at any time
11.22 	when it is using a family assessment response, it determines
11.23 	that there is reason to believe that substantial child
11.24 	endangerment or a serious threat to the child's safety exists;
11.25 	(3) may conduct a family assessment for reports that do not
11.26 	allege substantial child endangerment.  In determining that a
11.27 	family assessment is appropriate, the local welfare agency may
11.28 	consider issues of child safety, parental cooperation, and the
11.29 	need for an immediate response; and 
11.30 	(4) may conduct a family assessment on a report that was
11.31 	initially screened and assigned for an investigation.  In
11.32 	determining that a complete investigation is not required, the
11.33 	local welfare agency must document the reason for terminating
11.34 	the investigation and notify the local law enforcement agency if
11.35 	the local law enforcement agency is conducting a joint
11.36 	investigation.
12.1 	If the report alleges neglect, physical abuse, or sexual
12.2 	abuse by a parent, guardian, or individual functioning within
12.3 	the family unit as a person responsible for the child's care,
12.4 	the local welfare agency shall immediately conduct an a family 
12.5 	assessment including gathering or investigation as identified in
12.6 	clauses (1) to (4).  In conducting a family assessment or
12.7 	investigation, the local welfare agency shall gather information
12.8 	on the existence of substance abuse and domestic violence and
12.9 	offer protective social services for purposes of preventing
12.10 	further abuses future child maltreatment, safeguarding and
12.11 	enhancing the welfare of the abused or neglected minor,
12.12 	and supporting and preserving family life whenever possible.  If
12.13 	the report alleges a violation of a criminal statute involving
12.14 	sexual abuse, physical abuse, or neglect or endangerment, under
12.15 	section 609.378, the local law enforcement agency and local
12.16 	welfare agency shall coordinate the planning and execution of
12.17 	their respective investigation and assessment efforts to avoid a
12.18 	duplication of fact-finding efforts and multiple interviews.
12.19 	Each agency shall prepare a separate report of the results of
12.20 	its investigation.  In cases of alleged child maltreatment
12.21 	resulting in death, the local agency may rely on the
12.22 	fact-finding efforts of a law enforcement investigation to make
12.23 	a determination of whether or not maltreatment occurred.  When
12.24 	necessary the local welfare agency shall seek authority to
12.25 	remove the child from the custody of a parent, guardian, or
12.26 	adult with whom the child is living.  In performing any of these
12.27 	duties, the local welfare agency shall maintain appropriate
12.28 	records.
12.29 	If the family assessment or investigation indicates there
12.30 	is a potential for abuse of alcohol or other drugs by the
12.31 	parent, guardian, or person responsible for the child's care,
12.32 	the local welfare agency shall conduct a chemical use assessment
12.33 	pursuant to Minnesota Rules, part 9530.6615.  The local welfare
12.34 	agency shall report the determination of the chemical use
12.35 	assessment, and the recommendations and referrals for alcohol
12.36 	and other drug treatment services to the state authority on
13.1 	alcohol and drug abuse.
13.2 	(b) When a local agency receives a report or otherwise has
13.3 	information indicating that a child who is a client, as defined
13.4 	in section 245.91, has been the subject of physical abuse,
13.5 	sexual abuse, or neglect at an agency, facility, or program as
13.6 	defined in section 245.91, it shall, in addition to its other
13.7 	duties under this section, immediately inform the ombudsman
13.8 	established under sections 245.91 to 245.97.  The commissioner
13.9 	of education shall inform the ombudsman established under
13.10 	sections 245.91 to 245.97 of reports regarding a child defined
13.11 	as a client in section 245.91 that maltreatment occurred at a
13.12 	school as defined in sections 120A.05, subdivisions 9, 11, and
13.13 	13, and 124D.10.
13.14 	(c) Authority of the local welfare agency responsible for
13.15 	assessing or investigating the child abuse or neglect report,
13.16 	the agency responsible for assessing or investigating the
13.17 	report, and of the local law enforcement agency for
13.18 	investigating the alleged abuse or neglect includes, but is not
13.19 	limited to, authority to interview, without parental consent,
13.20 	the alleged victim and any other minors who currently reside
13.21 	with or who have resided with the alleged offender.  The
13.22 	interview may take place at school or at any facility or other
13.23 	place where the alleged victim or other minors might be found or
13.24 	the child may be transported to, and the interview conducted at,
13.25 	a place appropriate for the interview of a child designated by
13.26 	the local welfare agency or law enforcement agency.  The
13.27 	interview may take place outside the presence of the alleged
13.28 	offender or parent, legal custodian, guardian, or school
13.29 	official. For family assessments, it is the preferred practice
13.30 	to request a parent or guardian's permission to interview the
13.31 	child prior to conducting the child interview, unless doing so
13.32 	would compromise the safety assessment.Except as provided in
13.33 	this paragraph, the parent, legal custodian, or guardian shall
13.34 	be notified by the responsible local welfare or law enforcement
13.35 	agency no later than the conclusion of the investigation or
13.36 	assessment that this interview has occurred.  Notwithstanding
14.1 	rule 49.02 of the Minnesota Rules of Procedure for Juvenile
14.2 	Courts, the juvenile court may, after hearing on an ex parte
14.3 	motion by the local welfare agency, order that, where reasonable
14.4 	cause exists, the agency withhold notification of this interview
14.5 	from the parent, legal custodian, or guardian.  If the interview
14.6 	took place or is to take place on school property, the order
14.7 	shall specify that school officials may not disclose to the
14.8 	parent, legal custodian, or guardian the contents of the
14.9 	notification of intent to interview the child on school
14.10 	property, as provided under this paragraph, and any other
14.11 	related information regarding the interview that may be a part
14.12 	of the child's school record.  A copy of the order shall be sent
14.13 	by the local welfare or law enforcement agency to the
14.14 	appropriate school official.
14.15 	(d) When the local welfare, local law enforcement agency,
14.16 	or the agency responsible for assessing or investigating a
14.17 	report of maltreatment determines that an interview should take
14.18 	place on school property, written notification of intent to
14.19 	interview the child on school property must be received by
14.20 	school officials prior to the interview.  The notification shall
14.21 	include the name of the child to be interviewed, the purpose of
14.22 	the interview, and a reference to the statutory authority to
14.23 	conduct an interview on school property.  For interviews
14.24 	conducted by the local welfare agency, the notification shall be
14.25 	signed by the chair of the local social services agency or the
14.26 	chair's designee.  The notification shall be private data on
14.27 	individuals subject to the provisions of this paragraph.  School
14.28 	officials may not disclose to the parent, legal custodian, or
14.29 	guardian the contents of the notification or any other related
14.30 	information regarding the interview until notified in writing by
14.31 	the local welfare or law enforcement agency that the
14.32 	investigation or assessment has been concluded, unless a school
14.33 	employee or agent is alleged to have maltreated the child.
14.34 	Until that time, the local welfare or law enforcement agency or
14.35 	the agency responsible for assessing or investigating a report
14.36 	of maltreatment shall be solely responsible for any disclosures
15.1 	regarding the nature of the assessment or investigation.
15.2 	Except where the alleged offender is believed to be a
15.3 	school official or employee, the time and place, and manner of
15.4 	the interview on school premises shall be within the discretion
15.5 	of school officials, but the local welfare or law enforcement
15.6 	agency shall have the exclusive authority to determine who may
15.7 	attend the interview.  The conditions as to time, place, and
15.8 	manner of the interview set by the school officials shall be
15.9 	reasonable and the interview shall be conducted not more than 24
15.10 	hours after the receipt of the notification unless another time
15.11 	is considered necessary by agreement between the school
15.12 	officials and the local welfare or law enforcement agency.
15.13 	Where the school fails to comply with the provisions of this
15.14 	paragraph, the juvenile court may order the school to comply.
15.15 	Every effort must be made to reduce the disruption of the
15.16 	educational program of the child, other students, or school
15.17 	staff when an interview is conducted on school premises.
15.18 	(e) Where the alleged offender or a person responsible for
15.19 	the care of the alleged victim or other minor prevents access to
15.20 	the victim or other minor by the local welfare agency, the
15.21 	juvenile court may order the parents, legal custodian, or
15.22 	guardian to produce the alleged victim or other minor for
15.23 	questioning by the local welfare agency or the local law
15.24 	enforcement agency outside the presence of the alleged offender
15.25 	or any person responsible for the child's care at reasonable
15.26 	places and times as specified by court order.
15.27 	(f) Before making an order under paragraph (e), the court
15.28 	shall issue an order to show cause, either upon its own motion
15.29 	or upon a verified petition, specifying the basis for the
15.30 	requested interviews and fixing the time and place of the
15.31 	hearing.  The order to show cause shall be served personally and
15.32 	shall be heard in the same manner as provided in other cases in
15.33 	the juvenile court.  The court shall consider the need for
15.34 	appointment of a guardian ad litem to protect the best interests
15.35 	of the child.  If appointed, the guardian ad litem shall be
15.36 	present at the hearing on the order to show cause.
16.1 	(g) The commissioner of human services, the ombudsman for
16.2 	mental health and mental retardation, the local welfare agencies
16.3 	responsible for investigating reports, the commissioner of
16.4 	education, and the local law enforcement agencies have the right
16.5 	to enter facilities as defined in subdivision 2 and to inspect
16.6 	and copy the facility's records, including medical records, as
16.7 	part of the investigation.  Notwithstanding the provisions of
16.8 	chapter 13, they also have the right to inform the facility
16.9 	under investigation that they are conducting an investigation,
16.10 	to disclose to the facility the names of the individuals under
16.11 	investigation for abusing or neglecting a child, and to provide
16.12 	the facility with a copy of the report and the investigative
16.13 	findings.
16.14 	(h) The local welfare agency or the agency responsible for
16.15 	assessing or conducting a family assessment shall collect
16.16 	available and relevant information to determine child safety,
16.17 	risk of subsequent child maltreatment, and family strengths and
16.18 	needs.  The local welfare agency or the agency responsible for 
16.19 	investigating the report shall collect available and relevant
16.20 	information to ascertain whether maltreatment occurred and
16.21 	whether protective services are needed.  Information collected
16.22 	includes, when relevant, information with regard to the person
16.23 	reporting the alleged maltreatment, including the nature of the
16.24 	reporter's relationship to the child and to the alleged
16.25 	offender, and the basis of the reporter's knowledge for the
16.26 	report; the child allegedly being maltreated; the alleged
16.27 	offender; the child's caretaker; and other collateral sources
16.28 	having relevant information related to the alleged
16.29 	maltreatment.  The local welfare agency or the agency
16.30 	responsible for assessing or investigating the report may make a
16.31 	determination of no maltreatment early in an assessment, and
16.32 	close the case and retain immunity, if the collected information
16.33 	shows no basis for a full assessment or investigation.
16.34 	Information relevant to the assessment or investigation
16.35 	must be asked for, and may include:
16.36 	(1) the child's sex and age, prior reports of maltreatment,
17.1 	information relating to developmental functioning, credibility
17.2 	of the child's statement, and whether the information provided
17.3 	under this clause is consistent with other information collected
17.4 	during the course of the assessment or investigation;
17.5 	(2) the alleged offender's age, a record check for prior
17.6 	reports of maltreatment, and criminal charges and convictions.
17.7 	The local welfare agency or the agency responsible for assessing
17.8 	or investigating the report must provide the alleged offender
17.9 	with an opportunity to make a statement.  The alleged offender
17.10 	may submit supporting documentation relevant to the assessment
17.11 	or investigation;
17.12 	(3) collateral source information regarding the alleged
17.13 	maltreatment and care of the child.  Collateral information
17.14 	includes, when relevant:  (i) a medical examination of the
17.15 	child; (ii) prior medical records relating to the alleged
17.16 	maltreatment or the care of the child maintained by any
17.17 	facility, clinic, or health care professional and an interview
17.18 	with the treating professionals; and (iii) interviews with the
17.19 	child's caretakers, including the child's parent, guardian,
17.20 	foster parent, child care provider, teachers, counselors, family
17.21 	members, relatives, and other persons who may have knowledge
17.22 	regarding the alleged maltreatment and the care of the child;
17.23 	and
17.24 	(4) information on the existence of domestic abuse and
17.25 	violence in the home of the child, and substance abuse.
17.26 	Nothing in this paragraph precludes the local welfare
17.27 	agency, the local law enforcement agency, or the agency
17.28 	responsible for assessing or investigating the report from
17.29 	collecting other relevant information necessary to conduct the
17.30 	assessment or investigation.  Notwithstanding section 13.384 or
17.31 	144.335, the local welfare agency has access to medical data and
17.32 	records for purposes of clause (3).  Notwithstanding the data's
17.33 	classification in the possession of any other agency, data
17.34 	acquired by the local welfare agency or the agency responsible
17.35 	for assessing or investigating the report during the course of
17.36 	the assessment or investigation are private data on individuals
18.1 	and must be maintained in accordance with subdivision 11.  Data
18.2 	of the commissioner of education collected or maintained during
18.3 	and for the purpose of an investigation of alleged maltreatment
18.4 	in a school are governed by this section, notwithstanding the
18.5 	data's classification as educational, licensing, or personnel
18.6 	data under chapter 13.
18.7 	In conducting an assessment or investigation involving a
18.8 	school facility as defined in subdivision 2, paragraph (f) (i),
18.9 	the commissioner of education shall collect investigative
18.10 	reports and data that are relevant to a report of maltreatment
18.11 	and are from local law enforcement and the school facility.
18.12 	(i) In the initial stages of an assessment or investigation 
18.13 	Upon receipt of a report, the local welfare agency shall conduct
18.14 	a face-to-face observation of contact with the child reported to
18.15 	be maltreated and a face-to-face interview of the alleged
18.16 	offender and with the child's primary caregiver sufficient to
18.17 	complete a safety assessment and ensure the immediate safety of
18.18 	the child.  The face-to-face contact with the child and primary
18.19 	caregiver shall occur immediately if substantial child
18.20 	endangerment is alleged and within five calendar days for all
18.21 	other reports.  If the alleged offender was not already
18.22 	interviewed as the primary caregiver, the local welfare agency
18.23 	shall also conduct a face-to-face interview with the alleged
18.24 	offender in the early stages of the assessment or
18.25 	investigation.  At the initial contact, the local child welfare
18.26 	agency or the agency responsible for assessing or investigating
18.27 	the report must inform the alleged offender of the complaints or
18.28 	allegations made against the individual in a manner consistent
18.29 	with laws protecting the rights of the person who made the
18.30 	report.  The interview with the alleged offender may be
18.31 	postponed if it would jeopardize an active law enforcement
18.32 	investigation.
18.33 	(j) When conducting an investigation,the local welfare
18.34 	agency shall use a question and answer interviewing format with
18.35 	questioning as nondirective as possible to elicit spontaneous
18.36 	responses. For investigations only,the following interviewing
19.1 	methods and procedures must be used whenever possible when
19.2 	collecting information:
19.3 	(1) audio recordings of all interviews with witnesses and
19.4 	collateral sources; and
19.5 	(2) in cases of alleged sexual abuse, audio-video
19.6 	recordings of each interview with the alleged victim and child
19.7 	witnesses.
19.8 	(k) In conducting an assessment or investigation involving
19.9 	a school facility as defined in subdivision 2,
19.10 	paragraph (f) (i), the commissioner of education shall collect
19.11 	available and relevant information and use the procedures in
19.12 	paragraphs (h),(i), (k),and (j) subdivision 3d, except that
19.13 	the requirement for face-to-face observation of the child and
19.14 	face-to-face interview of the alleged offender is to occur in
19.15 	the initial stages of the assessment or investigation provided
19.16 	that the commissioner may also base the assessment or
19.17 	investigation on investigative reports and data received from
19.18 	the school facility and local law enforcement, to the extent
19.19 	those investigations satisfy the requirements of
19.20 	paragraphs (h),(i),and (k),and (j) subdivision 3d.

19.21 	Sec. 6. Minnesota Statutes 2004, section 626.556,
19.22 	subdivision 10b, is amended to read:
19.23 		Subd. 10b.Duties of commissioner; neglect or abuse in
19.24 	facility.  (a) This section applies to the commissioners of
19.25 	human services, health, and education.  The commissioner of the
19.26 	agency responsible for assessing or investigating the report
19.27 	shall immediately assess or investigate if the report alleges
19.28 	that:
19.29 	(1) a child who is in the care of a facility as defined in
19.30 	subdivision 2 is neglected, physically abused, sexually abused,
19.31 	or is the victim of maltreatment in a facility by an individual
19.32 	in that facility, or has been so neglected or abused, or been
19.33 	the victim of maltreatment in a facility by an individual in
19.34 	that facility within the three years preceding the report; or
19.35 	(2) a child was neglected, physically abused, sexually
19.36 	abused, or is the victim of maltreatment in a facility by an
20.1 	individual in a facility defined in subdivision 2, while in the
20.2 	care of that facility within the three years preceding the
20.3 	report.
20.4 	The commissioner of the agency responsible for assessing or
20.5 	investigating the report shall arrange for the transmittal to
20.6 	the commissioner of reports received by local agencies and may
20.7 	delegate to a local welfare agency the duty to investigate
20.8 	reports.  In conducting an investigation under this section, the
20.9 	commissioner has the powers and duties specified for local
20.10 	welfare agencies under this section.  The commissioner of the
20.11 	agency responsible for assessing or investigating the report or
20.12 	local welfare agency may interview any children who are or have
20.13 	been in the care of a facility under investigation and their
20.14 	parents, guardians, or legal custodians.
20.15 	(b) Prior to any interview, the commissioner of the agency
20.16 	responsible for assessing or investigating the report or local
20.17 	welfare agency shall notify the parent, guardian, or legal
20.18 	custodian of a child who will be interviewed in the manner
20.19 	provided for in subdivision 10d, paragraph (a).  If reasonable
20.20 	efforts to reach the parent, guardian, or legal custodian of a
20.21 	child in an out-of-home placement have failed, the child may be
20.22 	interviewed if there is reason to believe the interview is
20.23 	necessary to protect the child or other children in the
20.24 	facility.  The commissioner of the agency responsible for
20.25 	assessing or investigating the report or local agency must
20.26 	provide the information required in this subdivision to the
20.27 	parent, guardian, or legal custodian of a child interviewed
20.28 	without parental notification as soon as possible after the
20.29 	interview.  When the investigation is completed, any parent,
20.30 	guardian, or legal custodian notified under this subdivision
20.31 	shall receive the written memorandum provided for in subdivision
20.32 	10d, paragraph (c).
20.33 	(c) In conducting investigations under this subdivision the
20.34 	commissioner or local welfare agency shall obtain access to
20.35 	information consistent with subdivision 10, paragraphs (h), (i),
20.36 	and (j).  In conducting assessments or investigations under this
21.1 	subdivision, the commissioner of education shall obtain access
21.2 	to reports and investigative data that are relevant to a report
21.3 	of maltreatment and are in the possession of a school facility
21.4 	as defined in subdivision 2, paragraph (f) (i), notwithstanding
21.5 	the classification of the data as educational or personnel data
21.6 	under chapter 13.  This includes, but is not limited to, school
21.7 	investigative reports, information concerning the conduct of
21.8 	school personnel alleged to have committed maltreatment of
21.9 	students, information about witnesses, and any protective or
21.10 	corrective action taken by the school facility regarding the
21.11 	school personnel alleged to have committed maltreatment.
21.12 	(d) The commissioner may request assistance from the local
21.13 	social services agency.

21.14 	Sec. 7. Minnesota Statutes 2004, section 626.556,
21.15 	subdivision 10e, is amended to read:
21.16 		Subd. 10e.Determinations. Upon the conclusion of every
21.17 	assessment or investigation it conducts,(a) The local welfare
21.18 	agency shall conclude the family assessment or the investigation
21.19 	within 45 days of the receipt of a report.  The conclusion of
21.20 	the assessment or investigation may be extended to permit the
21.21 	completion of a criminal investigation or the receipt of expert
21.22 	information requested within 45 days of the receipt of the
21.23 	report.
21.24 	(b) After conducting a family assessment, the local welfare
21.25 	agency shall determine whether services are needed to address
21.26 	the safety of the child and other family members and the risk of
21.27 	subsequent maltreatment.
21.28 	(c) After conducting an investigation,the local welfare
21.29 	agency shall make two determinations:  first, whether
21.30 	maltreatment has occurred; and second, whether child protective
21.31 	services are needed. Upon the conclusion of 
21.32 	(d) If the commissioner of education conducts an assessment
21.33 	or investigation by the commissioner of education, the
21.34 	commissioner shall determine whether maltreatment occurred and
21.35 	what corrective or protective action was taken by the school
21.36 	facility.  If a determination is made that maltreatment has
22.1 	occurred, the commissioner shall report to the employer, the
22.2 	school board, and any appropriate licensing entity the
22.3 	determination that maltreatment occurred and what corrective or
22.4 	protective action was taken by the school facility.  In all
22.5 	other cases, the commissioner shall inform the school board or
22.6 	employer that a report was received, the subject of the report,
22.7 	the date of the initial report, the category of maltreatment
22.8 	alleged as defined in paragraph (a) (f), the fact that
22.9 	maltreatment was not determined, and a summary of the specific
22.10 	reasons for the determination.
22.11 	(e) When maltreatment is determined in an investigation
22.12 	involving a facility, the investigating agency shall also
22.13 	determine whether the facility or individual was responsible, or
22.14 	whether both the facility and the individual were responsible
22.15 	for the maltreatment using the mitigating factors in paragraph
22.16 	(d) (i).  Determinations under this subdivision must be made
22.17 	based on a preponderance of the evidence and are private data on
22.18 	individuals or nonpublic data as maintained by the commissioner
22.19 	of education.
22.20 	(a) (f) For the purposes of this subdivision, "maltreatment"
22.21 	means any of the following acts or omissions:
22.22 	(1) physical abuse as defined in subdivision 2, paragraph
22.23 	(d) (g);
22.24 	(2) neglect as defined in subdivision 2, paragraph (c) (f);
22.25 	(3) sexual abuse as defined in subdivision 2, paragraph
22.26 	(a) (d);
22.27 	(4) mental injury as defined in subdivision 2, paragraph
22.28 	(k) (m); or
22.29 	(5) maltreatment of a child in a facility as defined in
22.30 	subdivision 2, paragraph (f) (i).
22.31 	(b) (g) For the purposes of this subdivision, a
22.32 	determination that child protective services are needed means
22.33 	that the local welfare agency has documented conditions during
22.34 	the assessment or investigation sufficient to cause a child
22.35 	protection worker, as defined in section 626.559, subdivision 1,
22.36 	to conclude that a child is at significant risk of maltreatment
23.1 	if protective intervention is not provided and that the
23.2 	individuals responsible for the child's care have not taken or
23.3 	are not likely to take actions to protect the child from
23.4 	maltreatment or risk of maltreatment.
23.5 	(c) (h) This subdivision does not mean that maltreatment
23.6 	has occurred solely because the child's parent, guardian, or
23.7 	other person responsible for the child's care in good faith
23.8 	selects and depends upon spiritual means or prayer for treatment
23.9 	or care of disease or remedial care of the child, in lieu of
23.10 	medical care.  However, if lack of medical care may result in
23.11 	serious danger to the child's health, the local welfare agency
23.12 	may ensure that necessary medical services are provided to the
23.13 	child.
23.14 	(d) (i) When determining whether the facility or individual
23.15 	is the responsible party for determined maltreatment in a
23.16 	facility, the investigating agency shall consider at least the
23.17 	following mitigating factors:
23.18 	(1) whether the actions of the facility or the individual
23.19 	caregivers were according to, and followed the terms of, an
23.20 	erroneous physician order, prescription, individual care plan,
23.21 	or directive; however, this is not a mitigating factor when the
23.22 	facility or caregiver was responsible for the issuance of the
23.23 	erroneous order, prescription, individual care plan, or
23.24 	directive or knew or should have known of the errors and took no
23.25 	reasonable measures to correct the defect before administering
23.26 	care;
23.27 	(2) comparative responsibility between the facility, other
23.28 	caregivers, and requirements placed upon an employee, including
23.29 	the facility's compliance with related regulatory standards and
23.30 	the adequacy of facility policies and procedures, facility
23.31 	training, an individual's participation in the training, the
23.32 	caregiver's supervision, and facility staffing levels and the
23.33 	scope of the individual employee's authority and discretion; and
23.34 	(3) whether the facility or individual followed
23.35 	professional standards in exercising professional judgment.
23.36 	(j) Individual counties may implement more detailed
24.1 	definitions or criteria that indicate which allegations to
24.2 	investigate, as long as a county's policies are consistent with
24.3 	the definitions in the statutes and rules and are approved by
24.4 	the county board.  Each local welfare agency shall periodically
24.5 	inform mandated reporters under subdivision 3 who work in the
24.6 	county of the definitions of maltreatment in the statutes and
24.7 	rules and any additional definitions or criteria that have been
24.8 	approved by the county board.

24.9 	Sec. 8. Minnesota Statutes 2004, section 626.556,
24.10 	subdivision 10f, is amended to read:
24.11 		Subd. 10f.Notice of determinations. Within ten working
24.12 	days of the conclusion of a family assessment, the local welfare
24.13 	agency shall notify the parent or guardian of the child of the
24.14 	need for services to address child safety concerns or
24.15 	significant risk of subsequent child maltreatment.  The local
24.16 	welfare agency and the family may also jointly agree that family
24.17 	support and family preservation services are needed.Within ten
24.18 	working days of the conclusion of an assessment investigation,
24.19 	the local welfare agency or agency responsible for assessing or
24.20 	investigating the report shall notify the parent or guardian of
24.21 	the child, the person determined to be maltreating the child,
24.22 	and if applicable, the director of the facility, of the
24.23 	determination and a summary of the specific reasons for the
24.24 	determination.  The notice must also include a certification
24.25 	that the information collection procedures under subdivision 10,
24.26 	paragraphs (h), (i), and (j), were followed and a notice of the
24.27 	right of a data subject to obtain access to other private data
24.28 	on the subject collected, created, or maintained under this
24.29 	section.  In addition, the notice shall include the length of
24.30 	time that the records will be kept under subdivision 11c.  The
24.31 	investigating agency shall notify the parent or guardian of the
24.32 	child who is the subject of the report, and any person or
24.33 	facility determined to have maltreated a child, of their appeal
24.34 	or review rights under this section or section 256.022.

24.35 	Sec. 9. Minnesota Statutes 2004, section 626.556,
24.36 	subdivision 10i, is amended to read:
25.1 		Subd. 10i.Administrative reconsideration of final
25.2 	determination of maltreatment and disqualification based on
25.3 	serious or recurring maltreatment; review panel.
 25.4 	(a) Administrative reconsideration is not applicable in family
25.5 	assessments since no determination concerning maltreatment is
25.6 	made.  For investigations,except as provided under paragraph
25.7 	(e), an individual or facility that the commissioner of human
25.8 	services, a local social service agency, or the commissioner of
25.9 	education determines has maltreated a child, an interested
25.10 	person acting on behalf of the child, regardless of the
25.11 	determination, who contests the investigating agency's final
25.12 	determination regarding maltreatment, may request the
25.13 	investigating agency to reconsider its final determination
25.14 	regarding maltreatment.  The request for reconsideration must be
25.15 	submitted in writing to the investigating agency within 15
25.16 	calendar days after receipt of notice of the final determination
25.17 	regarding maltreatment or, if the request is made by an
25.18 	interested person who is not entitled to notice, within 15 days
25.19 	after receipt of the notice by the parent or guardian of the
25.20 	child.  Effective January 1, 2002, an individual who was
25.21 	determined to have maltreated a child under this section and who
25.22 	was disqualified on the basis of serious or recurring
25.23 	maltreatment under sections 245C.14 and 245C.15, may request
25.24 	reconsideration of the maltreatment determination and the
25.25 	disqualification.  The request for reconsideration of the
25.26 	maltreatment determination and the disqualification must be
25.27 	submitted within 30 calendar days of the individual's receipt of
25.28 	the notice of disqualification under sections 245C.16 and
25.29 	245C.17.
25.30 	(b) Except as provided under paragraphs (e) and (f), if the
25.31 	investigating agency denies the request or fails to act upon the
25.32 	request within 15 calendar days after receiving the request for
25.33 	reconsideration, the person or facility entitled to a fair
25.34 	hearing under section 256.045 may submit to the commissioner of
25.35 	human services or the commissioner of education a written
25.36 	request for a hearing under that section.  Section 256.045 also
26.1 	governs hearings requested to contest a final determination of
26.2 	the commissioner of education.  For reports involving
26.3 	maltreatment of a child in a facility, an interested person
26.4 	acting on behalf of the child may request a review by the Child
26.5 	Maltreatment Review Panel under section 256.022 if the
26.6 	investigating agency denies the request or fails to act upon the
26.7 	request or if the interested person contests a reconsidered
26.8 	determination.  The investigating agency shall notify persons
26.9 	who request reconsideration of their rights under this
26.10 	paragraph.  The request must be submitted in writing to the
26.11 	review panel and a copy sent to the investigating agency within
26.12 	30 calendar days of receipt of notice of a denial of a request
26.13 	for reconsideration or of a reconsidered determination.  The
26.14 	request must specifically identify the aspects of the agency
26.15 	determination with which the person is dissatisfied.
26.16 	(c) If, as a result of a reconsideration or review, the
26.17 	investigating agency changes the final determination of
26.18 	maltreatment, that agency shall notify the parties specified in
26.19 	subdivisions 10b, 10d, and 10f.
26.20 	(d) Except as provided under paragraph (f), if an
26.21 	individual or facility contests the investigating agency's final
26.22 	determination regarding maltreatment by requesting a fair
26.23 	hearing under section 256.045, the commissioner of human
26.24 	services shall assure that the hearing is conducted and a
26.25 	decision is reached within 90 days of receipt of the request for
26.26 	a hearing.  The time for action on the decision may be extended
26.27 	for as many days as the hearing is postponed or the record is
26.28 	held open for the benefit of either party.
26.29 	(e) Effective January 1, 2002, if an individual was
26.30 	disqualified under sections 245C.14 and 245C.15, on the basis of
26.31 	a determination of maltreatment, which was serious or recurring,
26.32 	and the individual has requested reconsideration of the
26.33 	maltreatment determination under paragraph (a) and requested
26.34 	reconsideration of the disqualification under sections 245C.21
26.35 	to 245C.27, reconsideration of the maltreatment determination
26.36 	and reconsideration of the disqualification shall be
27.1 	consolidated into a single reconsideration.  If reconsideration
27.2 	of the maltreatment determination is denied or the
27.3 	disqualification is not set aside under sections 245C.21 to
27.4 	245C.27, the individual may request a fair hearing under section
27.5 	256.045.  If an individual requests a fair hearing on the
27.6 	maltreatment determination and the disqualification, the scope
27.7 	of the fair hearing shall include both the maltreatment
27.8 	determination and the disqualification.
27.9 	(f) Effective January 1, 2002, if a maltreatment
27.10 	determination or a disqualification based on serious or
27.11 	recurring maltreatment is the basis for a denial of a license
27.12 	under section 245A.05 or a licensing sanction under section
27.13 	245A.07, the license holder has the right to a contested case
27.14 	hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to
27.15 	1400.8612.  As provided for under section 245A.08, subdivision
27.16 	2a, the scope of the contested case hearing shall include the
27.17 	maltreatment determination, disqualification, and licensing
27.18 	sanction or denial of a license.  In such cases, a fair hearing
27.19 	regarding the maltreatment determination shall not be conducted
27.20 	under paragraph (b).  If the disqualified subject is an
27.21 	individual other than the license holder and upon whom a
27.22 	background study must be conducted under chapter 245C, the
27.23 	hearings of all parties may be consolidated into a single
27.24 	contested case hearing upon consent of all parties and the
27.25 	administrative law judge.
27.26 	(g) For purposes of this subdivision, "interested person
27.27 	acting on behalf of the child" means a parent or legal guardian;
27.28 	stepparent; grandparent; guardian ad litem; adult stepbrother,
27.29 	stepsister, or sibling; or adult aunt or uncle; unless the
27.30 	person has been determined to be the perpetrator of the
27.31 	maltreatment.

27.32 	Sec. 10. Minnesota Statutes 2004, section 626.556, is
27.33 	amended by adding a subdivision to read:
27.34 		Subd. 10l.Documentation. When a case is closed that has
27.35 	been open for services, the local welfare agency shall document
27.36 	the outcome of the family assessment or investigation, including
28.1 	a description of services provided and the removal or reduction
28.2 	of risk to the child, if it existed.

28.3 	Sec. 11. Minnesota Statutes 2004, section 626.556, is
28.4 	amended by adding a subdivision to read:
28.5 		Subd. 10m.Provision of child protective services. The
28.6 	local welfare agency shall create a written plan, in
28.7 	collaboration with the family whenever possible, within 30 days
28.8 	of the determination that child protective services are needed
28.9 	or upon joint agreement of the local welfare agency and the
28.10 	family that family support and preservation services are
28.11 	needed.  Child protective services for a family are voluntary
28.12 	unless ordered by the court.

28.13 	Sec. 12. Minnesota Statutes 2004, section 626.556,
28.14 	subdivision 11, is amended to read:
28.15 		Subd. 11.Records.  (a) Except as provided in paragraph
28.16 	(b) or (d) and subdivisions 10b, 10d, 10g, and 11b, all records
28.17 	concerning individuals maintained by a local welfare agency or
28.18 	agency responsible for assessing or investigating the report
28.19 	under this section, including any written reports filed under
28.20 	subdivision 7, shall be private data on individuals, except
28.21 	insofar as copies of reports are required by subdivision 7 to be
28.22 	sent to the local police department or the county sheriff.  All
28.23 	records concerning determinations of maltreatment by a facility
28.24 	are nonpublic data as maintained by the Department of Education,
28.25 	except insofar as copies of reports are required by subdivision
28.26 	7 to be sent to the local police department or the county
28.27 	sheriff.  Reports maintained by any police department or the
28.28 	county sheriff shall be private data on individuals except the
28.29 	reports shall be made available to the investigating,
28.30 	petitioning, or prosecuting authority, including county medical
28.31 	examiners or county coroners.  Section 13.82, subdivisions 8, 9,
28.32 	and 14, apply to law enforcement data other than the reports.
28.33 	The local social services agency or agency responsible for
28.34 	assessing or investigating the report shall make available to
28.35 	the investigating, petitioning, or prosecuting authority,
28.36 	including county medical examiners or county coroners or their
29.1 	professional delegates, any records which contain information
29.2 	relating to a specific incident of neglect or abuse which is
29.3 	under investigation, petition, or prosecution and information
29.4 	relating to any prior incidents of neglect or abuse involving
29.5 	any of the same persons.  The records shall be collected and
29.6 	maintained in accordance with the provisions of chapter 13.  In
29.7 	conducting investigations and assessments pursuant to this
29.8 	section, the notice required by section 13.04, subdivision 2,
29.9 	need not be provided to a minor under the age of ten who is the
29.10 	alleged victim of abuse or neglect.  An individual subject of a
29.11 	record shall have access to the record in accordance with those
29.12 	sections, except that the name of the reporter shall be
29.13 	confidential while the report is under assessment or
29.14 	investigation except as otherwise permitted by this
29.15 	subdivision.  Any person conducting an investigation or
29.16 	assessment under this section who intentionally discloses the
29.17 	identity of a reporter prior to the completion of the
29.18 	investigation or assessment is guilty of a misdemeanor.  After
29.19 	the assessment or investigation is completed, the name of the
29.20 	reporter shall be confidential.  The subject of the report may
29.21 	compel disclosure of the name of the reporter only with the
29.22 	consent of the reporter or upon a written finding by the court
29.23 	that the report was false and that there is evidence that the
29.24 	report was made in bad faith.  This subdivision does not alter
29.25 	disclosure responsibilities or obligations under the Rules of
29.26 	Criminal Procedure.
29.27 	(b) Upon request of the legislative auditor, data on
29.28 	individuals maintained under this section must be released to
29.29 	the legislative auditor in order for the auditor to fulfill the
29.30 	auditor's duties under section 3.971.  The auditor shall
29.31 	maintain the data in accordance with chapter 13.
29.32 	(c) The commissioner of education must be provided with all
29.33 	requested data that are relevant to a report of maltreatment and
29.34 	are in possession of a school facility as defined in subdivision
29.35 	2, paragraph (f) (i), when the data is requested pursuant to an
29.36 	assessment or investigation of a maltreatment report of a
30.1 	student in a school.  If the commissioner of education makes a
30.2 	determination of maltreatment involving an individual performing
30.3 	work within a school facility who is licensed by a board or
30.4 	other agency, the commissioner shall provide necessary and
30.5 	relevant information to the licensing entity to enable the
30.6 	entity to fulfill its statutory duties.  Notwithstanding section
30.7 	13.03, subdivision 4, data received by a licensing entity under
30.8 	this paragraph are governed by section 13.41 or other applicable
30.9 	law governing data of the receiving entity, except that this
30.10 	section applies to the classification of and access to data on
30.11 	the reporter of the maltreatment.
30.12 	(d) The investigating agency shall exchange not public data
30.13 	with the Child Maltreatment Review Panel under section 256.022
30.14 	if the data are pertinent and necessary for a review requested
30.15 	under section 256.022.  Upon completion of the review, the not
30.16 	public data received by the review panel must be returned to the
30.17 	investigating agency.

30.18 	Sec. 13. Minnesota Statutes 2004, section 626.556,
30.19 	subdivision 11c, is amended to read:
30.20 		Subd. 11c.Welfare, court services agency, and school
30.21 	records maintained.  Notwithstanding sections 138.163 and
30.22 	138.17, records maintained or records derived from reports of
30.23 	abuse by local welfare agencies, agencies responsible for
30.24 	assessing or investigating the report, court services agencies,
30.25 	or schools under this section shall be destroyed as provided in
30.26 	paragraphs (a) to (d) by the responsible authority.
30.27 	(a) If upon For family assessment or cases and cases where
30.28 	an investigation there is results in no determination of
30.29 	maltreatment or the need for child protective services,
30.30 	the assessment or investigation records must be maintained for a
30.31 	period of four years.  Records under this paragraph may not be
30.32 	used for employment, background checks, or purposes other than
30.33 	to assist in future risk and safety assessments.
30.34 	(b) All records relating to reports which, upon assessment
30.35 	or investigation, indicate either maltreatment or a need for
30.36 	child protective services shall be maintained for at least ten
31.1 	years after the date of the final entry in the case record.
31.2 	(c) All records regarding a report of maltreatment,
31.3 	including any notification of intent to interview which was
31.4 	received by a school under subdivision 10, paragraph (d), shall
31.5 	be destroyed by the school when ordered to do so by the agency
31.6 	conducting the assessment or investigation.  The agency shall
31.7 	order the destruction of the notification when other records
31.8 	relating to the report under investigation or assessment are
31.9 	destroyed under this subdivision.
31.10 	(d) Private or confidential data released to a court
31.11 	services agency under subdivision 10h must be destroyed by the
31.12 	court services agency when ordered to do so by the local welfare
31.13 	agency that released the data.  The local welfare agency or
31.14 	agency responsible for assessing or investigating the report
31.15 	shall order destruction of the data when other records relating
31.16 	to the assessment or investigation are destroyed under this
31.17 	subdivision.

31.18 	Sec. 14. REPEALER.
 31.19 	(a) Minnesota Statutes 2004, section 626.5551, subdivisions
31.20 	1, 2, 3, 4, and 5, are repealed.
31.21 	(b) Minnesota Rules, parts 9560.0220, subpart 6, item B;
31.22 	and 9560.0230, subpart 2, are repealed.

31.23 	ARTICLE 2
31.24 	CHILD WELFARE:  PERMANENCY

31.25 	Section 1. Minnesota Statutes 2004, section 257.85,
31.26 	subdivision 2, is amended to read:
31.27 		Subd. 2.Scope.  The provisions of this section apply to
31.28 	those situations in which the legal and physical custody of a
31.29 	child is established with a relative or important friend with
31.30 	whom the child has resided or had significant contact according
31.31 	to section 260C.201, subdivision 11, by a district court order
31.32 	issued on or after July 1, 1997, or a tribal court order issued
31.33 	on or after July 1, 2005, when the child has been removed from
31.34 	the care of the parent by previous district or tribal court
31.35 	order.

31.36 	Sec. 2. Minnesota Statutes 2004, section 257.85,
32.1 	subdivision 3, is amended to read:
32.2 		Subd. 3.Definitions.  For purposes of this section, the
32.3 	terms defined in this subdivision have the meanings given them.
32.4 	(a) "MFIP standard" means the transitional standard used to
32.5 	calculate assistance under the MFIP program, or, if permanent
32.6 	legal and physical custody of the child is given to a relative
32.7 	custodian residing outside of Minnesota, the analogous
32.8 	transitional standard or standard of need used to calculate
32.9 	assistance under the TANF program of the state where the
32.10 	relative custodian lives.
32.11 	(b) "Local agency" means the local county social services
32.12 	agency or tribal social services agency with legal custody of a
32.13 	child prior to the transfer of permanent legal and physical
32.14 	custody.
32.15 	(c) "Permanent legal and physical custody" means permanent
32.16 	legal and physical custody ordered by a Minnesota Juvenile Court
32.17 	under section 260C.201, subdivision 27 11.
32.18 	(d) "Relative" has the meaning given in section 260C.007,
32.19 	subdivision 27.
32.20 	(e) "Relative custodian" means a person who has permanent
32.21 	legal and physical custody of a child.  When siblings, including
32.22 	half-siblings and stepsiblings, are placed together in permanent
32.23 	legal and physical custody, the person receiving permanent legal
32.24 	and physical custody of the siblings is considered a relative
32.25 	custodian of all of the siblings for purposes of this section.
32.26 	(f) "Relative custody assistance agreement" means an
32.27 	agreement entered into between a local agency and a person who
32.28 	has been or will be awarded permanent legal and physical custody
32.29 	of a child.
32.30 	(g) "Relative custody assistance payment" means a monthly
32.31 	cash grant made to a relative custodian pursuant to a relative
32.32 	custody assistance agreement and in an amount calculated under
32.33 	subdivision 7.
32.34 	(h) "Remains in the physical custody of the relative
32.35 	custodian" means that the relative custodian is providing
32.36 	day-to-day care for the child and that the child lives with the
33.1 	relative custodian; absence from the relative custodian's home
33.2 	for a period of more than 120 days raises a presumption that the
33.3 	child no longer remains in the physical custody of the relative
33.4 	custodian.

33.5 	Sec. 3. Minnesota Statutes 2004, section 259.23,
33.6 	subdivision 1, is amended to read:
33.7 		Subdivision 1.Venue. (a) Except as provided in section
33.8 	260C.101, subdivision 2, the juvenile court shall have original
33.9 	jurisdiction in all adoption proceedings.  The proper venue for
33.10 	an adoption proceeding shall be the county of the petitioner's
33.11 	residence, except as provided in paragraph (b). However,
33.12 	(b) Venue for the adoption of a child committed to the
33.13 	guardianship of the commissioner of human services shall be the
33.14 	county with jurisdiction in the matter according to section
33.15 	260C.317, subdivision 3.
33.16 	(c) Upon request of the petitioner, the court having
33.17 	jurisdiction over the matter under section 260C.317, subdivision
33.18 	3, may transfer venue of an adoption proceeding involving a
33.19 	child under the guardianship of the commissioner to the county
33.20 	of the petitioner's residence upon determining that:
33.21 	(1) the commissioner has given consent to the petitioner's
33.22 	adoption of the child or that consent is unreasonably withheld;
33.23 	(2) there is no other adoption petition for the child that
33.24 	has been filed or is reasonably anticipated by the commissioner
33.25 	or the commissioner's delegate to be filed; and 
33.26 	(3) transfer of venue is in the best interests of the child.
33.27 	Transfer of venue under this paragraph shall be according to the
33.28 	rules of adoption court procedure.
33.29 	(d) In all other adoptions,if the petitioner has acquired
33.30 	a new residence in another county and requests a transfer of the
33.31 	adoption proceeding, the court in which an adoption is initiated
33.32 	may transfer the proceeding to the appropriate court in the new
33.33 	county of residence if the transfer is in the best interests of
33.34 	the person to be adopted.  The court transfers the proceeding by
33.35 	ordering a continuance and by forwarding to the court
33.36 	administrator of the appropriate court a certified copy of all
34.1 	papers filed, together with an order of transfer.  The
34.2 	transferring court also shall forward copies of the order of
34.3 	transfer to the commissioner of human services and any agency
34.4 	participating in the proceedings.  The judge of the receiving
34.5 	court shall accept the order of the transfer and any other
34.6 	documents transmitted and hear the case; provided, however, the
34.7 	receiving court may in its discretion require the filing of a
34.8 	new petition prior to the hearing.

34.9 	Sec. 4. Minnesota Statutes 2004, section 259.23,
34.10 	subdivision 2, is amended to read:
34.11 		Subd. 2.Contents of petition.  The petition shall be
34.12 	signed by the petitioner and, if married, by the spouse.  It
34.13 	shall be verified, and filed in duplicate.  The petition shall
34.14 	allege:
34.15 	(a) The full name, age and place of residence of
34.16 	petitioner, and if married, the date and place of marriage;
34.17 	(b) The date petitioner acquired physical custody of the
34.18 	child and from what person or agency;
34.19 	(c) The date of birth of the child, if known, and the state
34.20 	and county where born;
34.21 	(d) The name of the child's parents, if known, and the
34.22 	guardian if there be one;
34.23 	(e) The actual name of the child, if known, and any known
34.24 	aliases;
34.25 	(f) The name to be given the child if a change of name is
34.26 	desired;
34.27 	(g) The description and value of any real or personal
34.28 	property owned by the child;
34.29 	(h) That the petitioner desires that the relationship of
34.30 	parent and child be established between petitioner and the
34.31 	child, and that it is to the best interests of the child for the
34.32 	child to be adopted by the petitioner.
34.33 	In agency placements, the information required in clauses
34.34 	(d) and (e) above shall not be required to be alleged in the
34.35 	petition but shall be transmitted to the court by the
34.36 	commissioner of human services or the agency.

35.1 	Sec. 5. Minnesota Statutes 2004, section 259.41,
35.2 	subdivision 3, is amended to read:
35.3 		Subd. 3.Background check; affidavit of history.  (a) At
35.4 	the time an adoption study is commenced, each prospective
35.5 	adoptive parent must:
35.6 	(1) authorize access by the agency to any private data
35.7 	needed to complete the study;
35.8 	(2) provide all addresses at which the prospective adoptive
35.9 	parent and anyone in the household over the age of 13 has
35.10 	resided in the previous ten five years; and 
35.11 	(3) disclose any names used previously other than the name
35.12 	used at the time of the study; and 
35.13 	(4) provide a set of fingerprints, which shall be forwarded
35.14 	to the Bureau of Criminal Apprehension to facilitate the
35.15 	criminal conviction background check required under paragraph
35.16 	(b).
35.17 	(b) When the requirements of paragraph (a) have been met,
35.18 	the agency shall immediately begin a background check, on each
35.19 	person over the age of 13 living in the home, consisting, at a
35.20 	minimum, of the following:
35.21 	(1) a check of criminal conviction data with the Bureau of
35.22 	Criminal Apprehension and local law enforcement authorities;
35.23 	(2) a check for data on substantiated maltreatment of a
35.24 	child or vulnerable adult and domestic violence data with local
35.25 	law enforcement and social services agencies and district
35.26 	courts; and
35.27 	(3) for those persons under the age of 25, a check of
35.28 	juvenile court records.
35.29 	Notwithstanding the provisions of section 260B.171 or
35.30 	260C.171, the Bureau of Criminal Apprehension, local law
35.31 	enforcement and social services agencies, district courts, and
35.32 	juvenile courts shall release the requested information to the
35.33 	agency completing the adoption study.
35.34 	(c) When paragraph (b) requires checking the data or
35.35 	records of local law enforcement and social services agencies
35.36 	and district and juvenile courts, the agency shall check with
36.1 	the law enforcement and social services agencies and courts
36.2 	whose jurisdictions cover the addresses under paragraph (a),
36.3 	clause (2).  In the event that the agency is unable to complete
36.4 	any of the record checks required by paragraph (b), the agency
36.5 	shall document the fact and the agency's efforts to obtain the
36.6 	information.
36.7 	(d) For a study completed under this section, when the
36.8 	agency has reasonable cause to believe that further information
36.9 	may exist on the prospective adoptive parent or household member
36.10 	over the age of 13 that may relate to the health, safety, or
36.11 	welfare of the child, the prospective adoptive parent or
36.12 	household member over the age of 13 shall provide the agency
36.13 	with a set of classifiable fingerprints obtained from an
36.14 	authorized law enforcement agency and the agency may obtain
36.15 	criminal history data from the National Criminal Records
36.16 	Repository by submitting fingerprints to the Bureau of Criminal
36.17 	Apprehension.  The agency has reasonable cause when, but not
36.18 	limited to, the:
36.19 	(1) information from the Bureau of Criminal Apprehension
36.20 	indicates that the prospective adoptive parent or household
36.21 	member over the age of 13 is a multistate offender;
36.22 	(2) information from the Bureau of Criminal Apprehension
36.23 	indicates that multistate offender status is undetermined;
36.24 	(3) the agency has received a report from the prospective
36.25 	adoptive parent or household member over the age of 13 or a
36.26 	third party indicating that the prospective adoptive parent or
36.27 	household member over the age of 13 has a criminal history in a
36.28 	jurisdiction other than Minnesota; or 
36.29 	(4) the prospective adoptive parent or household member
36.30 	over the age of 13 is or has been a resident of a state other
36.31 	than Minnesota in the prior five years.
36.32 	(c) (e) At any time prior to completion of the background
36.33 	check required under paragraph (b), a prospective adoptive
36.34 	parent may submit to the agency conducting the study a sworn
36.35 	affidavit stating whether they or any person residing in the
36.36 	household have been convicted of a crime.  The affidavit shall
37.1 	also state whether the adoptive parent or any other person
37.2 	residing in the household is the subject of an open
37.3 	investigation of, or have been the subject of a substantiated
37.4 	allegation of, child or vulnerable-adult maltreatment within the
37.5 	past ten years.  A complete description of the crime, open
37.6 	investigation, or substantiated abuse, and a complete
37.7 	description of any sentence, treatment, or disposition must be
37.8 	included.  The affidavit must contain an acknowledgment that if,
37.9 	at any time before the adoption is final, a court receives
37.10 	evidence leading to a conclusion that a prospective adoptive
37.11 	parent knowingly gave false information in the affidavit, it
37.12 	shall be determined that the adoption of the child by the
37.13 	prospective adoptive parent is not in the best interests of the
37.14 	child.
37.15 	(d) (f) For the purposes of subdivision 1 and section
37.16 	259.47, subdivisions 3 and 6, an adoption study is complete for
37.17 	placement, even though the background checks required by
37.18 	paragraph (b) have not been completed, if each prospective
37.19 	adoptive parent has completed the affidavit allowed by paragraph
37.20 	(c) (e) and the other requirements of this section have been met.
37.21 	The background checks required by paragraph (b) must be
37.22 	completed before an adoption petition is filed.  If an adoption
37.23 	study has been submitted to the court under section 259.47,
37.24 	subdivision 3 or 6, before the background checks required by
37.25 	paragraph (b) were complete, an updated adoption study report
37.26 	which includes the results of the background check must be filed
37.27 	with the adoption petition.  In the event that an agency is
37.28 	unable to complete any of the records checks required by
37.29 	paragraph (b), the agency shall submit with the petition to
37.30 	adopt an affidavit documenting the agency's efforts to complete
37.31 	the checks.

37.32 	Sec. 6. Minnesota Statutes 2004, section 259.67,
37.33 	subdivision 2, is amended to read:
37.34 		Subd. 2.Adoption assistance agreement.  The placing
37.35 	agency shall certify a child as eligible for adoption assistance
37.36 	according to rules promulgated by the commissioner. The placing
38.1 	agency shall not certify a child who remains under the
38.2 	jurisdiction of the sending agency pursuant to section 260.851,
38.3 	article 5, for state funded adoption assistance when Minnesota
38.4 	is the receiving state.Not later than 30 days after a parent
38.5 	or parents are found and approved for adoptive placement of a
38.6 	child certified as eligible for adoption assistance, and before
38.7 	the final decree of adoption is issued, a written agreement must
38.8 	be entered into by the commissioner, the adoptive parent or
38.9 	parents, and the placing agency.  The written agreement must
38.10 	be fully completed by the placing agency and in the form
38.11 	prescribed by the commissioner and must set forth the
38.12 	responsibilities of all parties, the anticipated duration of the
38.13 	adoption assistance payments, and the payment terms.  The
38.14 	adoption assistance agreement shall be subject to the
38.15 	commissioner's approval, which must be granted or denied not
38.16 	later than 15 days after the agreement is entered.
38.17 	The amount of adoption assistance is subject to the
38.18 	availability of state and federal funds and shall be determined
38.19 	through agreement with the adoptive parents.  The agreement
38.20 	shall take into consideration the circumstances of the adopting
38.21 	parent or parents, the needs of the child being adopted and may
38.22 	provide ongoing monthly assistance, supplemental maintenance
38.23 	expenses related to the adopted person's special needs,
38.24 	nonmedical expenses periodically necessary for purchase of
38.25 	services, items, or equipment related to the special needs, and
38.26 	medical expenses.  The placing agency or the adoptive parent or
38.27 	parents shall provide written documentation to support the need
38.28 	for adoption assistance payments.  The commissioner may require
38.29 	periodic reevaluation of adoption assistance payments.  The
38.30 	amount of ongoing monthly adoption assistance granted may in no
38.31 	case exceed that which would be allowable for the child under
38.32 	foster family care and is subject to the availability of state
38.33 	and federal funds.

38.34 	Sec. 7. Minnesota Statutes 2004, section 259.67,
38.35 	subdivision 4, is amended to read:
38.36 		Subd. 4.Eligibility conditions.  (a) The placing agency
39.1 	shall use the AFDC requirements as specified in federal law as
39.2 	of July 16, 1996, when determining the child's eligibility for
39.3 	adoption assistance under title IV-E of the Social Security
39.4 	Act.  If the child does not qualify, the placing agency shall
39.5 	certify a child as eligible for state funded adoption assistance
39.6 	only if the following criteria are met:
39.7 	(1) Due to the child's characteristics or circumstances it
39.8 	would be difficult to provide the child an adoptive home without
39.9 	adoption assistance.
39.10 	(2)(i) A placement agency has made reasonable efforts to
39.11 	place the child for adoption without adoption assistance, but
39.12 	has been unsuccessful; or
39.13 	(ii) the child's licensed foster parents desire to adopt
39.14 	the child and it is determined by the placing agency that the
39.15 	adoption is in the best interest of the child.
39.16 	(3) The child has been a ward of the commissioner, a
39.17 	Minnesota-licensed child-placing agency, or a tribal social
39.18 	service agency of Minnesota recognized by the Secretary of the
39.19 	Interior. The placing agency shall not certify a child who
39.20 	remains under the jurisdiction of the sending agency pursuant to
39.21 	section 260.851, article 5, for state funded adoption assistance
39.22 	when Minnesota is the receiving state.
39.23 	(b) For purposes of this subdivision, the characteristics
39.24 	or circumstances that may be considered in determining whether a
39.25 	child is a child with special needs under United States Code,
39.26 	title 42, chapter 7, subchapter IV, part E, or meets the
39.27 	requirements of paragraph (a), clause (1), are the following:
39.28 	(1) The child is a member of a sibling group to be placed
39.29 	as one unit in which at least one sibling is older than 15
39.30 	months of age or is described in clause (2) or (3).
39.31 	(2) The child has documented physical, mental, emotional,
39.32 	or behavioral disabilities.
39.33 	(3) The child has a high risk of developing physical,
39.34 	mental, emotional, or behavioral disabilities.
39.35 	(4) The child is adopted according to tribal law without a
39.36 	termination of parental rights or relinquishment, provided that
40.1 	the tribe has documented the valid reason why the child cannot
40.2 	or should not be returned to the home of the child's parent.
40.3 	(c) When a child's eligibility for adoption assistance is
40.4 	based upon the high risk of developing physical, mental,
40.5 	emotional, or behavioral disabilities, payments shall not be
40.6 	made under the adoption assistance agreement unless and until
40.7 	the potential disability manifests itself as documented by an
40.8 	appropriate health care professional.

40.9 	Sec. 8. Minnesota Statutes 2004, section 259.75,
40.10 	subdivision 1, is amended to read:
40.11 		Subdivision 1.Establishment; contents; availability.
 40.12 	The commissioner of human services shall establish an adoption
40.13 	exchange, which shall include but not be limited to a book,
40.14 	updated monthly,that contains a photograph and description of
40.15 	each child who has been legally freed for adoption.  The
40.16 	exchange service shall be available to all local social service
40.17 	agencies and licensed child-placing agencies whose purpose is to
40.18 	assist in the adoptive placement of children, and the exchange
40.19 	book shall be distributed to all such agencies.

40.20 	Sec. 9. Minnesota Statutes 2004, section 259.79,
40.21 	subdivision 1, is amended to read:
40.22 		Subdivision 1.Content. (a) The adoption records of the
40.23 	commissioner,the commissioner's agents and licensed
40.24 	child-placing agencies shall contain copies of all relevant
40.25 	legal documents, responsibly collected genetic, medical and
40.26 	social history of the child and the child's birth parents, the
40.27 	child's placement record, copies of all pertinent agreements,
40.28 	contracts, and correspondence relevant to the adoption, and
40.29 	copies of all reports and recommendations made to the court.
40.30 	(b) The commissioner of human services shall maintain a
40.31 	permanent record of all adoptions granted in district court in
40.32 	Minnesota regarding children who are:
40.33 	(1) under guardianship of the commissioner or a licensed
40.34 	child-placing agency according to section 260C.201, subdivision
40.35 	11, or 260C.317;
40.36 	(2) placed by the commissioner, commissioner's agent, or
41.1 	licensed child-placing agency after a consent to adopt according
41.2 	to section 259.24 or under an agreement conferring authority to
41.3 	place for adoption according to section 259.25; or 
41.4 	(3) adopted after a direct adoptive placement approved by
41.5 	the district court under section 259.47.
41.6 	Each record shall contain identifying information about the
41.7 	child, the birth or legal parents, and adoptive parents,
41.8 	including race where such data is available.  The record must
41.9 	also contain:  (1) the date the child was legally freed for
41.10 	adoption; (2) the date of the adoptive placement; (3) the name
41.11 	of the placing agency; (4) the county where the adoptive
41.12 	placement occurred; (5) the date that the petition to adopt was
41.13 	filed; (6) the county where the petition to adopt was filed; and
41.14 	(7) the date and county where the adoption decree was granted.
41.15 	(c) Identifying information contained in the adoption
41.16 	record shall be confidential and shall be disclosed only
41.17 	pursuant to section 259.61.

41.18 	Sec. 10. Minnesota Statutes 2004, section 259.85,
41.19 	subdivision 1, is amended to read:
41.20 		Subdivision 1.Purpose.  The commissioner of human
41.21 	services shall establish and supervise a postadoption service
41.22 	grants program to be administered by local social service
41.23 	agencies for the purpose of preserving and strengthening
41.24 	adoptive families.  The program will provide financial
41.25 	assistance to adoptive parents who are not receiving adoption
41.26 	assistance under section 259.67to meet the special needs of an
41.27 	adopted child that cannot be met by other resources available to
41.28 	the family.

41.29 	Sec. 11. Minnesota Statutes 2004, section 260.012, is
41.30 	amended to read:
41.31 	260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
41.32 	REUNIFICATION; REASONABLE EFFORTS.
41.33 	(a) Once a child alleged to be in need of protection or
41.34 	services is under the court's jurisdiction, the court shall
41.35 	ensure that reasonable efforts,including culturally appropriate
41.36 	services,by the social services agency are made to prevent
42.1 	placement or to eliminate the need for removal and to reunite
42.2 	the child with the child's family at the earliest possible time,
42.3 	consistent with the best interests, safety, and protection of
42.4 	the child and when a child cannot be reunified with the parent
42.5 	or guardian from whom the child was removed, the court must
42.6 	ensure that the responsible social services agency makes
42.7 	reasonable efforts to finalize an alternative permanent plan for
42.8 	the child as provided in paragraph (e).  In determining
42.9 	reasonable efforts to be made with respect to a child and in
42.10 	making those reasonable efforts, the child's best interests,
42.11 	health,and safety must be of paramount concern.  Reasonable
42.12 	efforts to prevent placement and for rehabilitation and
42.13 	reunification are not always required except upon a
42.14 	determination by the court that:
42.15 	(1) a termination of parental rights petition has been
42.16 	filed stating a prima facie case that:
42.17 	(i) (1) the parent has subjected a child to egregious harm
42.18 	as defined in section 260C.007, subdivision 14;
42.19 	(ii) (2) the parental rights of the parent to another child
42.20 	have been terminated involuntarily;
42.21 	(iii) (3) the child is an abandoned infant under section
42.22 	260C.301, subdivision 2, paragraph (a), clause (2); or 
42.23 	(iv) (4) the parent's custodial rights to another child
42.24 	have been involuntarily transferred to a relative under section
42.25 	260C.201, subdivision 11, paragraph (e), clause (1), or a
42.26 	similar law of another jurisdiction; or 
42.27 	(2) the county attorney has filed a determination not to
42.28 	proceed with a termination of parental rights petition on these
42.29 	grounds was made under section 260C.301, subdivision 3,
42.30 	paragraph (b), and a permanency hearing is held within 30 days
42.31 	of the determination; or 
42.32 	(3) a termination of parental rights petition or other
42.33 	petition according to section 260C.201, subdivision 11, has been
42.34 	filed alleging a prima facie case that 
42.35 	(5) the provision of services or further services for the
42.36 	purpose of reunification is futile and therefore unreasonable
43.1 	under the circumstances.
43.2 	(b) When the court makes one of the prima facie
43.3 	determinations under paragraph (a), either permanency pleadings
43.4 	under section 260C.201, subdivision 11, or a termination of
43.5 	parental rights petition under sections 260C.141 and 260C.301
43.6 	must be filed.  A permanency hearing under section 260C.201,
43.7 	subdivision 11, must be held within 30 days of this
43.8 	determination.
43.9 	(c) In the case of an Indian child, in proceedings under
43.10 	sections 260B.178 or 260C.178, 260C.201, and 260C.301 the
43.11 	juvenile court must make findings and conclusions consistent
43.12 	with the Indian Child Welfare Act of 1978, United States Code,
43.13 	title 25, section 1901 et seq., as to the provision of active
43.14 	efforts. If a child is under the court's delinquency
43.15 	jurisdiction, it shall be the duty of the court to ensure that
43.16 	reasonable efforts are made to reunite the child with the
43.17 	child's family at the earliest possible time, consistent with
43.18 	the best interests of the child and the safety of the
43.19 	public.In cases governed by the Indian Child Welfare Act of
43.20 	1978, United States Code, title 23, section 1901, the
43.21 	responsible social services agency must provide active efforts
43.22 	as required under United States Code, title 23, section 1911(d).
43.23 	(b) (d) "Reasonable efforts to prevent placement " means:
43.24 	(1) the agency has made reasonable efforts to prevent the
43.25 	placement of the child in foster care; or 
43.26 	(2) given the particular circumstances of the child and
43.27 	family at the time of the child's removal, there are no services
43.28 	or efforts available which could allow the child to safely
43.29 	remain in the home.
43.30 	(e) "reasonable efforts to finalize a permanent plan for
43.31 	the child" means due diligence by the responsible social
43.32 	services agency to:
43.33 	(1) reunify the child with the parent or guardian from whom
43.34 	the child was removed;
43.35 	(2) assess a noncustodial parent's ability to provide
43.36 	day-to-day care for the child and, where appropriate, provide
44.1 	services necessary to enable the noncustodial parent to safely
44.2 	provide the care as required by section 260C.212, subdivision 4;
44.3 	(3) conduct a relative search as required under section
44.4 	260C.212, subdivision 5; and 
44.5 	(4) when the child cannot return to the parent or guardian
44.6 	from whom the child was removed, to plan for and finalize a safe
44.7 	and legally permanent alternative home for the child, preferably
44.8 	through adoption or transfer of permanent legal and physical
44.9 	custody of the child.
44.10 	(f) Reasonable efforts are made upon the exercise of due
44.11 	diligence by the responsible social services agency to
44.12 	use culturally appropriate and available services to meet the
44.13 	needs of the child and the child's family in order to prevent
44.14 	removal of the child from the child's family; or upon removal,
44.15 	services to eliminate the need for removal and reunite the
44.16 	family. (1) Services may include those provided by the
44.17 	responsible social services agency and other culturally 
44.18 	appropriate services available in the community. (2) At each
44.19 	stage of the proceedings where the court is required to review
44.20 	the appropriateness of the responsible social services agency's
44.21 	reasonable efforts as described in paragraphs (a), (d), and (e),
44.22 	the social services agency has the burden of demonstrating that:
44.23 	(1) it has made reasonable efforts, or that provision of
44.24 	services or further services for the purpose of rehabilitation
44.25 	and reunification is futile and therefore unreasonable under the
44.26 	circumstances or that reasonable efforts aimed at reunification
44.27 	are not required under this section to prevent placement of the
44.28 	child in foster care;
44.29 	(2) it has made reasonable efforts to eliminate the need
44.30 	for removal of the child from the child's home and to reunify
44.31 	the child with the child's family at the earliest possible time;
44.32 	(3) it has made reasonable efforts to finalize an
44.33 	alternative permanent home for the child; or 
44.34 	(4) reasonable efforts to prevent placement and to reunify
44.35 	the child with the parent or guardian are not required.  The
44.36 	agency may meet this burden by stating facts in a sworn petition
45.1 	filed under section 260C.141, or by filing an affidavit
45.2 	summarizing the agency's reasonable efforts or facts the agency
45.3 	believes demonstrate there is no need for reasonable efforts to
45.4 	reunify the parent and child, or through testimony or a
45.5 	certified report required under juvenile court rules.
45.6 	(3) No (g) Once the court determines that reasonable
45.7 	efforts for reunification are not required when the court makes
45.8 	a determination because the court has made one of the prima
45.9 	facie determinations under paragraph (a) unless, the court may
45.10 	only require reasonable efforts for reunification after a
45.11 	hearing according to section 260C.163, where the court finds
45.12 	there is not clear and convincing evidence of the facts upon
45.13 	which the court based its prima facie determination.  In this
45.14 	case when there is clear and convincing evidence that the child
45.15 	is in need of protection or services, the court may proceed
45.16 	under section 260C.312.find the child in need of protection or
45.17 	services and order any of the dispositions available under
45.18 	section 260C.201, subdivision 1.Reunification of a surviving
45.19 	child with a parent is not required if the parent has been
45.20 	convicted of:
45.21 	(i) (1) a violation of, or an attempt or conspiracy to
45.22 	commit a violation of, sections 609.185 to 609.20; 609.222,
45.23 	subdivision 2; or 609.223 in regard to another child of the
45.24 	parent;
45.25 	(ii) (2) a violation of section 609.222, subdivision 2; or
45.26 	609.223, in regard to the surviving child; or
45.27 	(iii) (3) a violation of, or an attempt or conspiracy to
45.28 	commit a violation of, United States Code, title 18, section
45.29 	1111(a) or 1112(a), in regard to another child of the parent.
45.30 	(c) (h) The juvenile court, in proceedings under sections
45.31 	260B.178 or 260C.178, 260C.201, and 260C.301 shall make findings
45.32 	and conclusions as to the provision of reasonable efforts.  When
45.33 	determining whether reasonable efforts have been made, the court
45.34 	shall consider whether services to the child and family were:
45.35 	(1) relevant to the safety and protection of the child;
45.36 	(2) adequate to meet the needs of the child and family;
46.1 	(3) culturally appropriate;
46.2 	(4) available and accessible;
46.3 	(5) consistent and timely; and
46.4 	(6) realistic under the circumstances.
46.5 	In the alternative, the court may determine that provision
46.6 	of services or further services for the purpose of
46.7 	rehabilitation is futile and therefore unreasonable under the
46.8 	circumstances or that reasonable efforts are not required as
46.9 	provided in paragraph (a).
46.10 	(d) (i) This section does not prevent out-of-home placement
46.11 	for treatment of a child with a mental disability when the
46.12 	child's diagnostic assessment or individual treatment plan
46.13 	indicates that appropriate and necessary treatment cannot be
46.14 	effectively provided outside of a residential or inpatient
46.15 	treatment program.
46.16 	(e) (j) If continuation of reasonable efforts described in
46.17 	paragraph (b) to prevent placement or reunify the child with the
46.18 	parent or guardian from whom the child was removed is determined
46.19 	by the court to be inconsistent with the permanent plan for the
46.20 	child, or upon a determination or upon the court making one of
46.21 	the prima facie determinations under paragraph (a), reasonable
46.22 	efforts must be made to place the child in a timely manner in
46.23 	accordance with the permanent plan ordered by the court a safe
46.24 	and permanent home and to complete whatever steps are necessary
46.25 	to legally finalize the permanent plan for placement of the
46.26 	child.
46.27 	(f) (k) Reasonable efforts to place a child for adoption or
46.28 	in another permanent placement may be made concurrently with
46.29 	reasonable efforts as described in paragraphs (a) and (b) to
46.30 	prevent placement or to reunify the child with the parent or
46.31 	guardian from whom the child was removed.  When the responsible
46.32 	social services agency decides to concurrently make reasonable
46.33 	efforts for both reunification and permanent placement away from
46.34 	the parent under paragraphs paragraph (a) and (b), the agency
46.35 	shall disclose its decision and both plans for concurrent
46.36 	reasonable efforts to all parties and the court.  When the
47.1 	agency discloses its decision to proceed on both plans for
47.2 	reunification and permanent placement away from the parent, the
47.3 	court's review of the agency's reasonable efforts shall include
47.4 	the agency's efforts under paragraphs (a) and (b) both plans.

47.5 	Sec. 12. Minnesota Statutes 2004, section 260C.001,
47.6 	subdivision 3, is amended to read:
47.7 		Subd. 3.permanency and termination of parental rights.
 47.8 	The purpose of the laws relating to permanency and termination
47.9 	of parental rights is to ensure that:
47.10 	(1) when required and appropriate, reasonable efforts have
47.11 	been made by the social services agency to reunite the child
47.12 	with the child's parents in a home that is safe and permanent;
47.13 	and
47.14 	(2) if placement with the parents is not reasonably
47.15 	foreseeable, to secure for the child a safe and permanent
47.16 	placement, preferably with adoptive parents or a fit and willing
47.17 	relative through transfer of permanent legal and physical
47.18 	custody to that relative.
47.19 	Nothing in this section requires reasonable efforts to
47.20 	prevent placement or to reunify the child with the parent or
47.21 	guardian to be made in circumstances where the court has
47.22 	determined that the child has been subjected to egregious
47.23 	harm or , when the child is an abandoned infant, the parent has
47.24 	involuntarily lost custody of another child through a proceeding
47.25 	under section 260C.201, subdivision 11, or similar law of
47.26 	another state,the parental rights of the parent to a sibling
47.27 	have been involuntarily terminated, or the court has determined
47.28 	that reasonable efforts or further reasonable efforts to reunify
47.29 	the child with the parent or guardian would be futile.
47.30 	The paramount consideration in all proceedings for
47.31 	permanent placement of the child under section 260C.201,
47.32 	subdivision 11, or the termination of parental rights is the
47.33 	best interests of the child.  In proceedings involving an
47.34 	American Indian child, as defined in section 260.755,
47.35 	subdivision 8, the best interests of the child must be
47.36 	determined consistent with the Indian Child Welfare Act of 1978,
48.1 	United States Code, title 25, section 1901, et seq.

48.2 	Sec. 13. Minnesota Statutes 2004, section 260C.007,
48.3 	subdivision 8, is amended to read:
48.4 		Subd. 8.Compelling reasons.  "Compelling reasons" means
48.5 	an individualized determination by the responsible social
48.6 	services agency, which is approved by the court, related to a
48.7 	request by the agency not to initiate proceedings to terminate
48.8 	parental rights or transfer permanent legal and physical custody
48.9 	of a child to the child's relative or former noncustodial parent
48.10 	under section 260C.301, subdivision 3.

48.11 	Sec. 14. Minnesota Statutes 2004, section 260C.151,
48.12 	subdivision 6, is amended to read:
48.13 		Subd. 6.Immediate custody.  If the court makes
48.14 	individualized, explicit findings, based on the notarized
48.15 	petition or sworn affidavit, that there are reasonable grounds
48.16 	to believe the child is in surroundings or conditions which
48.17 	endanger the child's health, safety, or welfare that require
48.18 	that responsibility for the child's care and custody be
48.19 	immediately assumed by the court responsible social services
48.20 	agency and that continuation of the child in the custody of the
48.21 	parent or guardian is contrary to the child's welfare, the court
48.22 	may order that the officer serving the summons take the child
48.23 	into immediate custody for placement of the child in foster
48.24 	care.  In ordering that responsibility for the care, custody,
48.25 	and control of the child be assumed by the responsible social
48.26 	services agency, the court is ordering emergency protective care
48.27 	as that term is defined in the juvenile court rules.

48.28 	Sec. 15. Minnesota Statutes 2004, section 260C.178, is
48.29 	amended to read:
48.30 	260C.178  DETENTION EMERGENCY REMOVAL HEARING.
48.31 		Subdivision 1.Hearing and release requirements. (a) If
48.32 	a child was taken into custody under section 260C.175,
48.33 	subdivision 1, clause (a) or (b)(2), the court shall hold a
48.34 	hearing within 72 hours of the time the child was taken into
48.35 	custody, excluding Saturdays, Sundays, and holidays, to
48.36 	determine whether the child should continue in custody.
49.1 	(b) Unless there is reason to believe that the child would
49.2 	endanger self or others, not return for a court hearing, run
49.3 	away from the child's parent, guardian, or custodian or
49.4 	otherwise not remain in the care or control of the person to
49.5 	whose lawful custody the child is released, or that the child's
49.6 	health or welfare would be immediately endangered, the child
49.7 	shall be released to the custody of a parent, guardian,
49.8 	custodian, or other suitable person, subject to reasonable
49.9 	conditions of release including, but not limited to, a
49.10 	requirement that the child undergo a chemical use assessment as
49.11 	provided in section 260C.157, subdivision 1. If the court
49.12 	determines there is reason to believe that the child would
49.13 	endanger self or others; not return for a court hearing; run
49.14 	away from the child's parent, guardian, or custodian or
49.15 	otherwise not remain in the care or control of the person to
49.16 	whose lawful custody the child is released; or that the child's
49.17 	health or welfare would be immediately endangered, the court
49.18 	shall order the child into foster care under the responsibility
49.19 	of the responsible social services agency or responsible
49.20 	probation or corrections agency for the purposes of protective
49.21 	care as that term is used in the juvenile court rules.In
49.22 	determining whether the child's health or welfare would be
49.23 	immediately endangered, the court shall consider whether the
49.24 	child would reside with a perpetrator of domestic child abuse.
49.25 	(c) The court, before determining whether a child should be
49.26 	placed in or continue in custody foster care under the
49.27 	protective care of the responsible agency, shall also make a
49.28 	determination, consistent with section 260.012 as to whether
49.29 	reasonable efforts, or were made to prevent placement or whether
49.30 	reasonable efforts to prevent placement are not required.In
49.31 	the case of an Indian child, the court shall determine whether 
49.32 	active efforts, according to the Indian Child Welfare Act of
49.33 	1978, United States Code, title 25, section 1912(d), were made
49.34 	to prevent placement.  The court shall also determine whether
49.35 	there are available services that would prevent the need for
49.36 	further detention.  In the alternative,enter a finding that the
50.1 	responsible social services agency has made reasonable efforts
50.2 	to prevent placement when the agency establishes either:
50.3 	(1) that it has actually provided services or made efforts
50.4 	in an attempt to prevent the child's removal but that such
50.5 	services or efforts have not proven sufficient to permit the
50.6 	child to safely remain in the home; or 
50.7 	(2) that there are no services or other efforts that could
50.8 	be made at the time of the hearing that could safely permit the
50.9 	child to remain home or to return home.  When reasonable efforts
50.10 	to prevent placement are required and there are services or
50.11 	other efforts that could be ordered which would permit the child
50.12 	to safely return home, the court shall order the child returned
50.13 	to the care of the parent or guardian and the services or
50.14 	efforts put in place to ensure the child's safety.  When the
50.15 	court makes a prima facie determination that one of the
50.16 	circumstances under paragraph (e) exists,the court shall
50.17 	determine that reasonable efforts to prevent placement and to
50.18 	return the child to the care of the parent or guardian are not
50.19 	required if the court makes a prima facie determination that one
50.20 	of the circumstances under paragraph (e) exists.
50.21 	If the court finds the social services agency's preventive
50.22 	or reunification efforts have not been reasonable but further
50.23 	preventive or reunification efforts could not permit the child
50.24 	to safely remain at home, the court may nevertheless authorize
50.25 	or continue the removal of the child.
50.26 	(d) The court may not order or continue the foster care
50.27 	placement of the child unless the court makes explicit,
50.28 	individualized findings that continued custody of the child by
50.29 	the parent or guardian would be contrary to the welfare of the
50.30 	child.
50.31 	(e) At the detention emergency removal hearing, or at any
50.32 	time during the course of the proceeding, and upon notice and
50.33 	request of the county attorney, the court shall make the
50.34 	following determinations:
50.35 	(1) determine whether a termination of parental rights 
50.36 	petition has been filed stating a prima facie case that:
51.1 	(i) (1) the parent has subjected a child to egregious harm
51.2 	as defined in section 260C.007, subdivision 14;
51.3 	(ii) (2) the parental rights of the parent to another child
51.4 	have been involuntarily terminated; or 
51.5 	(iii) (3) the child is an abandoned infant under section
51.6 	260C.301, subdivision 2, paragraph (a), clause (2);
51.7 	(2) that (4) the parents' custodial rights to another child
51.8 	have been involuntarily transferred to a relative under section
51.9 	260C.201, subdivision 11, paragraph (e), clause (1), or a
51.10 	similar law of another jurisdiction; or 
51.11 	(5) the provision of services or further services for the
51.12 	purpose of reunification is futile and therefore unreasonable.
51.13 	(f) When a petition to terminate parental rights is
51.14 	required under section 260C.301, subdivision 3 or 4, but the
51.15 	county attorney has determined not to proceed with a termination
51.16 	of parental rights petition under section 260C.307; or 
51.17 	(3) whether a termination of parental rights petition or
51.18 	other petition according to section 260C.201, subdivision 11,
51.19 	has been filed alleging a prima facie case that the provision of
51.20 	services or further services for the purpose of rehabilitation
51.21 	and reunification is futile and therefore unreasonable under the
51.22 	circumstances.
51.23 	If the court determines that the county attorney is not
51.24 	proceeding with a termination of parental rights petition under
51.25 	section 260C.307, but is proceeding with a petition under
51.26 	section 260C.201, subdivision 11, the court shall schedule a
51.27 	permanency hearing within 30 days., and has instead filed a
51.28 	petition to transfer permanent legal and physical custody to a
51.29 	relative under section 260C.201, subdivision 11, the court shall
51.30 	schedule a permanency hearing within 30 days of the filing of
51.31 	the petition.
51.32 	(g) If the county attorney has filed a petition under
51.33 	section 260C.307, the court shall schedule a trial under section
51.34 	260C.163 within 90 days of the filing of the petition except
51.35 	when the county attorney determines that the criminal case shall
51.36 	proceed to trial first under section 260C.201, subdivision 3.
52.1 	(f) (h) If the court determines the child should be ordered
52.2 	into out-of-home placement foster care and the child's parent
52.3 	refuses to give information to the responsible social services
52.4 	agency regarding the child's father or relatives of the child,
52.5 	the court may order the parent to disclose the names, addresses,
52.6 	telephone numbers, and other identifying information to the
52.7 	responsible social services agency for the purpose of complying
52.8 	with the requirements of sections 260C.151, 260C.212, and
52.9 	260C.215.
52.10 	(g) (i) If a child ordered into out-of-home placement 
52.11 	foster care has siblings, whether full, half, or step, who are
52.12 	also ordered into placement foster care, the court shall inquire
52.13 	of the responsible social services agency of the efforts to
52.14 	place the children together as required by section 260C.212,
52.15 	subdivision 2, paragraph (d), if placement together is in each
52.16 	child's best interests, unless a child is in placement due
52.17 	solely to the child's own behavior or a child is placed with a
52.18 	previously noncustodial parent who is not parent to all
52.19 	siblings.  If the children are not placed together at the time
52.20 	of the hearing, the court shall inquire at each subsequent
52.21 	hearing of the agency's efforts to place the siblings together.
52.22 	If any sibling is not placed with another sibling or siblings,
52.23 	the agency must develop a plan for visitation among the siblings
52.24 	as required under section 260C.212, subdivision 1.
52.25 		Subd. 2.Duration. If the court determines that the
52.26 	child should continue in detention, it may order detention
52.27 	continued for eight days, excluding Saturdays, Sundays and
52.28 	holidays, from and including the date of the order.  The court
52.29 	shall include in its order the reasons for continued detention
52.30 	and the findings of fact which support these reasons.
52.31 		Subd. 3.Parental visitation. If a child has been taken
52.32 	into custody under section 260C.151, subdivision 5, or 260C.175,
52.33 	subdivision 1, clause (b)(2), and the court determines that the
52.34 	child should continue in detention foster care, the court shall
52.35 	include in its order reasonable rules for supervised or
52.36 	unsupervised parental visitation of the child in the shelter 
53.1 	foster care facility unless it finds that visitation would
53.2 	endanger the child's physical or emotional well-being.
53.3 		Subd. 4.Mental health treatment. (a) Except as provided
53.4 	in paragraph (b), a child who is held ordered placed in
53.5 	detention foster care as an alleged victim of child abuse as
53.6 	defined in section 630.36, subdivision 2, may not be given
53.7 	mental health treatment specifically for the effects of the
53.8 	alleged abuse until the court finds that there is probable cause 
53.9 	a prima facie basis to believe the abuse has occurred.
53.10 	(b) A child described in paragraph (a) may be given mental
53.11 	health treatment prior to a probable cause prima facie finding
53.12 	of child abuse if the treatment is either agreed to by the
53.13 	child's parent or guardian in writing, or ordered by the court
53.14 	according to the standard contained in section 260C.201,
53.15 	subdivision 1.
53.16 		Subd. 5.Copies of order. Copies of the court's order
53.17 	shall be served upon the parties, including the supervisor of
53.18 	the detention placement facility, who which shall release the
53.19 	child or continue to hold the child as the court orders.
53.20 	When the court's order is served upon these parties, notice
53.21 	shall also be given to the parties of the subsequent reviews
53.22 	provided by subdivision 6. The notice shall also inform each
53.23 	party of the right to submit to the court for informal review
53.24 	any new evidence regarding whether the child should be continued
53.25 	in detention and to request a hearing to present the evidence to
53.26 	the court.
53.27 		Subd. 6.Review. If a child held in detention under a
53.28 	court order issued under subdivision 2 has not been released
53.29 	prior to expiration of the order, the court or referee shall
53.30 	informally review the child's case file to determine, under the
53.31 	standards provided by subdivision 1, whether detention should be
53.32 	continued.  If detention is continued thereafter, informal
53.33 	reviews such as these shall be held within every eight days,
53.34 	excluding Saturdays, Sundays, and holidays, of the child's
53.35 	detention.When a child is placed in foster care, the child's
53.36 	placement shall be periodically reviewed as required under the
54.1 	juvenile court rules including notice to the parties required to
54.2 	be served with a copy of the order under subdivision 4.
54.3 	A hearing, rather than an informal review of the child's
54.4 	case file,shall be held at the request of any one of the
54.5 	parties notified pursuant to subdivision 5, if that party
54.6 	notifies the court of a wish to present to the court new
54.7 	evidence concerning whether the child should be continued in
54.8 	detention or notifies the court of a wish to present an
54.9 	alternate placement arrangement to provide for the safety and
54.10 	protection of the child.
54.11 	In addition, if a child was taken into detention custody 
54.12 	under section 260C.151, subdivision 5, or 260C.175, subdivision
54.13 	1, clause (c)(2), and is held placed in detention foster care or
54.14 	placed in another facility under a court order issued under
54.15 	subdivision 2, the court shall schedule and hold an adjudicatory
54.16 	hearing on the petition within 60 days of the detention 
54.17 	emergency removal hearing upon the request of any party to the
54.18 	proceeding.  However, if good cause is shown by a party to the
54.19 	proceeding why the hearing should not be held within that time
54.20 	period, the hearing shall be held within 90 days, unless the
54.21 	parties agree otherwise and the court so orders.
54.22 		Subd. 7.Out-of-home placement plan. (a) An out-of-home
54.23 	placement plan required under section 260C.212 shall be filed
54.24 	with the court within 30 days of the filing of a petition
54.25 	alleging the child to be in need of protection or services under
54.26 	section 260C.141, subdivision 1, or filed with the petition if
54.27 	the petition is a review of a voluntary placement under section
54.28 	260C.141, subdivision 2.
54.29 	(b) Upon the filing of the out-of-home placement plan which
54.30 	has been developed jointly with the parent and in consultation
54.31 	with others as required under section 260C.212, subdivision 1,
54.32 	the court may approve implementation of the plan by the
54.33 	responsible social services agency based on the allegations
54.34 	contained in the petition.  The court shall send written notice
54.35 	of the approval of the out-of-home placement plan to all parties
54.36 	and the county attorney or may state such approval on the record
55.1 	at a hearing.  A parent may agree to comply with the terms of
55.2 	the plan filed with the court.
55.3 	(c) Upon notice and motion by a parent who agrees to comply
55.4 	with the terms of an out-of-home placement plan, the court may
55.5 	modify the plan and order the responsible social services agency
55.6 	to provide other or additional services for reunification, if
55.7 	reunification efforts are required, and the court determines the
55.8 	agency's plan inadequate under section 260.012.The responsible
55.9 	social services agency shall make reasonable attempts to engage
55.10 	a parent in case planning.  If the parent refuses to cooperate
55.11 	in the development of the out-of-home placement plan or
55.12 	disagrees with the services recommended by the responsible
55.13 	social service agency, the agency shall note such refusal or
55.14 	disagreement for the court in the out-of-home placement plan
55.15 	filed with the court.  The agency shall notify the court of the
55.16 	services it will provide or efforts it will attempt under the
55.17 	plan notwithstanding the parent's refusal to cooperate or
55.18 	disagreement with the services.  The parent may ask the court to
55.19 	modify the plan to require different or additional services
55.20 	requested by the parent, but which the agency refused to
55.21 	provide.  The court may approve the plan as presented by the
55.22 	agency or may modify the plan to require services requested by
55.23 	the parent.  The court's approval shall be based on the content
55.24 	of the petition.
55.25 	(d) Unless the parent agrees to comply with the terms of
55.26 	the out-of-home placement plan, the court may not order a parent
55.27 	to comply with the provisions of the plan until the court makes
55.28 	a determination finds the child is in need of protection or
55.29 	services and orders disposition under section 260C.201,
55.30 	subdivision 1.  However, the court may find that the responsible
55.31 	social services agency has made reasonable efforts for
55.32 	reunification if the agency makes efforts to implement the terms
55.33 	of an out-of-home placement plan approved under this section.

55.34 	Sec. 16. Minnesota Statutes 2004, section 260C.201,
55.35 	subdivision 1, is amended to read:
55.36 		Subdivision 1.Dispositions.  (a) If the court finds that
56.1 	the child is in need of protection or services or neglected and
56.2 	in foster care, it shall enter an order making any of the
56.3 	following dispositions of the case:
56.4 	(1) place the child under the protective supervision of the
56.5 	responsible social services agency or child-placing agency in
56.6 	the home of a parent of the child under conditions prescribed by
56.7 	the court directed to the correction of the child's need for
56.8 	protection or services:
56.9 	(i) the court may order the child into the home of a parent
56.10 	who does not otherwise have legal custody of the child, however,
56.11 	an order under this section does not confer legal custody on
56.12 	that parent;
56.13 	(ii) if the court orders the child into the home of a
56.14 	father who is not adjudicated, he must cooperate with paternity
56.15 	establishment proceedings regarding the child in the appropriate
56.16 	jurisdiction as one of the conditions prescribed by the court
56.17 	for the child to continue in his home; and 
56.18 	(iii) the court may order the child into the home of a
56.19 	noncustodial parent with conditions and may also order both the
56.20 	noncustodial and the custodial parent to comply with the
56.21 	requirements of a case plan under subdivision 2; or
56.22 	(2) transfer legal custody to one of the following:
56.23 	(i) a child-placing agency; or
56.24 	(ii) the responsible social services agency.  In placing 
56.25 	making a foster care placement for a child whose custody has
56.26 	been transferred under this paragraph subdivision, the agencies 
56.27 	agency shall make an individualized determination of how the
56.28 	placement is in the child's best interests using the
56.29 	consideration for relatives and the best interest factors in
56.30 	section 260C.212, subdivision 2, paragraph (b); or
56.31 	(3) order a trial home visit without modifying the transfer
56.32 	of legal custody to the responsible social services agency under
56.33 	clause (2).  Trial home visit means the child is returned to the
56.34 	care of the parent or guardian from whom the child was removed
56.35 	for a period not to exceed six months.  During the period of the
56.36 	trial home visit, the responsible social services agency:
57.1 	(i) shall continue to have legal custody of the child,
57.2 	which means the agency may see the child in the parent's home,
57.3 	at school, in a child care facility, or other setting as the
57.4 	agency deems necessary and appropriate;
57.5 	(ii) shall continue to have the ability to access
57.6 	information under section 260C.208;
57.7 	(iii) shall continue to provide appropriate services to
57.8 	both the parent and the child during the period of the trial
57.9 	home visit;
57.10 	(iv) without previous court order or authorization, may
57.11 	terminate the trial home visit in order to protect the child's
57.12 	health, safety, or welfare and may remove the child to foster
57.13 	care;
57.14 	(v) shall advise the court and parties within three days of
57.15 	the termination of the trial home visit when a visit is
57.16 	terminated by the responsible social services agency without a
57.17 	court order; and 
57.18 	(vi) shall prepare a report for the court when the trial
57.19 	home visit is terminated whether by the agency or court order
57.20 	which describes the child's circumstances during the trial home
57.21 	visit and recommends appropriate orders, if any, for the court
57.22 	to enter to provide for the child's safety and stability.  In
57.23 	the event a trial home visit is terminated by the agency by
57.24 	removing the child to foster care without prior court order or
57.25 	authorization, the court shall conduct a hearing within ten days
57.26 	of receiving notice of the termination of the trial home visit
57.27 	by the agency and shall order disposition under this subdivision
57.28 	or conduct a permanency hearing under subdivision 11 or 11a.
57.29 	The time period for the hearing may be extended by the court for
57.30 	good cause shown and if it is in the best interests of the child
57.31 	as long as the total time the child spends in foster care
57.32 	without a permanency hearing does not exceed 12 months.
57.33 	(4) If the child has been adjudicated as a child in need of
57.34 	protection or services because the child is in need of special
57.35 	services or care to treat or ameliorate a physical or mental
57.36 	disability, the court may order the child's parent, guardian, or
58.1 	custodian to provide it.  The court may order the child's health
58.2 	plan company to provide mental health services to the child.
58.3 	Section 62Q.535 applies to an order for mental health services
58.4 	directed to the child's health plan company.  If the health
58.5 	plan, parent, guardian, or custodian fails or is unable to
58.6 	provide this treatment or care, the court may order it
58.7 	provided.  Absent specific written findings by the court that
58.8 	the child's disability is the result of abuse or neglect by the
58.9 	child's parent or guardian, the court shall not transfer legal
58.10 	custody of the child for the purpose of obtaining special
58.11 	treatment or care solely because the parent is unable to provide
58.12 	the treatment or care.  If the court's order for mental health
58.13 	treatment is based on a diagnosis made by a treatment
58.14 	professional, the court may order that the diagnosing
58.15 	professional not provide the treatment to the child if it finds
58.16 	that such an order is in the child's best interests; or
58.17 	(4) (5) If the court believes that the child has sufficient
58.18 	maturity and judgment and that it is in the best interests of
58.19 	the child, the court may order a child 16 years old or older to
58.20 	be allowed to live independently, either alone or with others as
58.21 	approved by the court under supervision the court considers
58.22 	appropriate, if the county board, after consultation with the
58.23 	court, has specifically authorized this dispositional
58.24 	alternative for a child.
58.25 	(b) If the child was adjudicated in need of protection or
58.26 	services because the child is a runaway or habitual truant, the
58.27 	court may order any of the following dispositions in addition to
58.28 	or as alternatives to the dispositions authorized under
58.29 	paragraph (a):
58.30 	(1) counsel the child or the child's parents, guardian, or
58.31 	custodian;
58.32 	(2) place the child under the supervision of a probation
58.33 	officer or other suitable person in the child's own home under
58.34 	conditions prescribed by the court, including reasonable rules
58.35 	for the child's conduct and the conduct of the parents,
58.36 	guardian, or custodian, designed for the physical, mental, and
59.1 	moral well-being and behavior of the child; or with the consent
59.2 	of the commissioner of corrections, place the child in a group
59.3 	foster care facility which is under the commissioner's
59.4 	management and supervision;
59.5 	(3) subject to the court's supervision, transfer legal
59.6 	custody of the child to one of the following:
59.7 	(i) a reputable person of good moral character.  No person
59.8 	may receive custody of two or more unrelated children unless
59.9 	licensed to operate a residential program under sections 245A.01
59.10 	to 245A.16; or
59.11 	(ii) a county probation officer for placement in a group
59.12 	foster home established under the direction of the juvenile
59.13 	court and licensed pursuant to section 241.021;
59.14 	(4) require the child to pay a fine of up to $100.  The
59.15 	court shall order payment of the fine in a manner that will not
59.16 	impose undue financial hardship upon the child;
59.17 	(5) require the child to participate in a community service
59.18 	project;
59.19 	(6) order the child to undergo a chemical dependency
59.20 	evaluation and, if warranted by the evaluation, order
59.21 	participation by the child in a drug awareness program or an
59.22 	inpatient or outpatient chemical dependency treatment program;
59.23 	(7) if the court believes that it is in the best interests
59.24 	of the child and of public safety that the child's driver's
59.25 	license or instruction permit be canceled, the court may order
59.26 	the commissioner of public safety to cancel the child's license
59.27 	or permit for any period up to the child's 18th birthday.  If
59.28 	the child does not have a driver's license or permit, the court
59.29 	may order a denial of driving privileges for any period up to
59.30 	the child's 18th birthday.  The court shall forward an order
59.31 	issued under this clause to the commissioner, who shall cancel
59.32 	the license or permit or deny driving privileges without a
59.33 	hearing for the period specified by the court.  At any time
59.34 	before the expiration of the period of cancellation or denial,
59.35 	the court may, for good cause, order the commissioner of public
59.36 	safety to allow the child to apply for a license or permit, and
60.1 	the commissioner shall so authorize;
60.2 	(8) order that the child's parent or legal guardian deliver
60.3 	the child to school at the beginning of each school day for a
60.4 	period of time specified by the court; or
60.5 	(9) require the child to perform any other activities or
60.6 	participate in any other treatment programs deemed appropriate
60.7 	by the court.
60.8 	To the extent practicable, the court shall enter a
60.9 	disposition order the same day it makes a finding that a child
60.10 	is in need of protection or services or neglected and in foster
60.11 	care, but in no event more than 15 days after the finding unless
60.12 	the court finds that the best interests of the child will be
60.13 	served by granting a delay.  If the child was under eight years
60.14 	of age at the time the petition was filed, the disposition order
60.15 	must be entered within ten days of the finding and the court may
60.16 	not grant a delay unless good cause is shown and the court finds
60.17 	the best interests of the child will be served by the delay.
60.18 	(c) If a child who is 14 years of age or older is
60.19 	adjudicated in need of protection or services because the child
60.20 	is a habitual truant and truancy procedures involving the child
60.21 	were previously dealt with by a school attendance review board
60.22 	or county attorney mediation program under section 260A.06 or
60.23 	260A.07, the court shall order a cancellation or denial of
60.24 	driving privileges under paragraph (b), clause (7), for any
60.25 	period up to the child's 18th birthday.
60.26 	(d) In the case of a child adjudicated in need of
60.27 	protection or services because the child has committed domestic
60.28 	abuse and been ordered excluded from the child's parent's home,
60.29 	the court shall dismiss jurisdiction if the court, at any time,
60.30 	finds the parent is able or willing to provide an alternative
60.31 	safe living arrangement for the child, as defined in Laws 1997,
60.32 	chapter 239, article 10, section 2.
60.33 	(e) When a parent has complied with a case plan ordered
60.34 	under subdivision 6 and the child is in the care of the parent,
60.35 	the court may order the responsible social services agency to
60.36 	monitor the parent's continued ability to maintain the child
61.1 	safely in the home under such terms and conditions as the court
61.2 	determines appropriate under the circumstances.

61.3 	Sec. 17. Minnesota Statutes 2004, section 260C.201,
61.4 	subdivision 10, is amended to read:
61.5 		Subd. 10.Court review of out-of-home placements foster
61.6 	care.  (a) If the court places orders a child placed in a
61.7 	residential facility, as defined in section 260C.212,
61.8 	subdivision 1 foster care, the court shall review the
61.9 	out-of-home placement at least every 90 days as required in
61.10 	juvenile court rules to determine whether continued out-of-home
61.11 	placement is necessary and appropriate or whether the child
61.12 	should be returned home. This review is not required if the
61.13 	court has returned the child home, ordered the child permanently
61.14 	placed away from the parent under subdivision 11, or terminated
61.15 	rights under section 260C.301.  Court review for a child
61.16 	permanently placed away from a parent, including where the child
61.17 	is under guardianship and legal custody of the commissioner,
61.18 	shall be governed by subdivision 11 or section 260C.317,
61.19 	subdivision 3, whichever is applicable.
61.20 	(b) No later than six months after the child's out-of-home 
61.21 	placement in foster care, the court shall review agency efforts
61.22 	pursuant to section 260C.212, subdivision 2, and order that the
61.23 	efforts continue if the agency has failed to perform the duties
61.24 	under that section.
61.25 	(c) The court shall review the out-of-home placement plan
61.26 	and may modify the plan as provided under subdivisions 6 and 7.
61.27 	(d) When the court orders out-of-home placement transfer of
61.28 	custody to a responsible social services agency resulting in
61.29 	foster care or protective supervision with a noncustodial parent
61.30 	under subdivision 1, the court shall notify the parents of the
61.31 	provisions of subdivisions 11 and 11a as required under juvenile
61.32 	court rules.

61.33 	Sec. 18. Minnesota Statutes 2004, section 260C.201,
61.34 	subdivision 11, is amended to read:
61.35 		Subd. 11.Review of court-ordered placements; permanent
61.36 	placement determination.  (a) This subdivision and subdivision
62.1 	11a do not apply in cases where the child is in placement due
62.2 	solely to the child's developmental disability or emotional
62.3 	disturbance, where legal custody has not been transferred to the
62.4 	responsible social services agency, and where the court finds
62.5 	compelling reasons under section 260C.007, subdivision 8, to
62.6 	continue the child in foster care past the time periods
62.7 	specified in this subdivision.  Foster care placements of
62.8 	children due solely to their disability are governed by section
62.9 	260C.141, subdivision 2b.  In all other cases where the child is
62.10 	in foster care or in the care of a noncustodial parent under
62.11 	subdivision 1, the court shall conduct a hearing commence
62.12 	proceedings to determine the permanent status of a child not
62.13 	later than 12 months after the child is placed in foster care or
62.14 	in the care of a noncustodial parent. At the admit-deny hearing
62.15 	commencing such proceedings, the court shall determine whether
62.16 	there is a prima facie basis for finding that the agency made
62.17 	reasonable efforts, or in the case of an Indian child active
62.18 	efforts, required under section 260.012 and proceed according to
62.19 	the rules of juvenile court.
62.20 	For purposes of this subdivision, the date of the child's
62.21 	placement in foster care is the earlier of the first
62.22 	court-ordered placement or 60 days after the date on which the
62.23 	child has been voluntarily placed in foster care by the child's
62.24 	parent or guardian.  For purposes of this subdivision, time
62.25 	spent by a child under the protective supervision of the
62.26 	responsible social services agency in the home of a noncustodial
62.27 	parent pursuant to an order under subdivision 1 counts towards
62.28 	the requirement of a permanency hearing under this subdivision
62.29 	or subdivision 11a. Time spent on a trial home visit does not
62.30 	count towards the requirement of a permanency hearing under this
62.31 	subdivision or subdivision 11a.
62.32 	For purposes of this subdivision, 12 months is calculated
62.33 	as follows:
62.34 	(1) during the pendency of a petition alleging that a child
62.35 	is in need of protection or services, all time periods when a
62.36 	child is placed in foster care or in the home of a noncustodial
63.1 	parent are cumulated;
63.2 	(2) if a child has been placed in foster care within the
63.3 	previous five years under one or more previous petitions, the
63.4 	lengths of all prior time periods when the child was placed in
63.5 	foster care within the previous five years are cumulated.  If a
63.6 	child under this clause has been in foster care for 12 months or
63.7 	more, the court, if it is in the best interests of the child and
63.8 	for compelling reasons, may extend the total time the child may
63.9 	continue out of the home under the current petition up to an
63.10 	additional six months before making a permanency determination.
63.11 	(b) Unless the responsible social services agency
63.12 	recommends return of the child to the custodial parent or
63.13 	parents, not later than 30 days prior to this the admit-deny 
63.14 	hearing required under paragraph (a) and the rules of juvenile
63.15 	court, the responsible social services agency shall file
63.16 	pleadings in juvenile court to establish the basis for the
63.17 	juvenile court to order permanent placement of the child,
63.18 	including a termination of parental rights petition,according
63.19 	to paragraph (d).  Notice of the hearing and copies of the
63.20 	pleadings must be provided pursuant to section 260C.152. If a
63.21 	termination of parental rights petition is filed before the date
63.22 	required for the permanency planning determination and there is
63.23 	a trial under section 260C.163 scheduled on that petition within
63.24 	90 days of the filing of the petition, no hearing need be
63.25 	conducted under this subdivision.
63.26 	(c) The permanency proceedings shall be conducted in a
63.27 	timely fashion including that any trial required under section
63.28 	260C.163 shall be commenced within 60 days of the admit-deny
63.29 	hearing required under paragraph (a).At the conclusion of the
63.30 	hearing permanency proceedings, the court shall:
63.31 	(1) order the child returned to the care of the parent or
63.32 	guardian from whom the child was removed;or
63.33 	(2) order a permanent placement or termination of parental
63.34 	rights if permanent placement or termination of parental rights
63.35 	is in the child's best interests.  The "best interests of the
63.36 	child" means all relevant factors to be considered and
64.1 	evaluated.  Transfer of permanent legal and physical custody,
64.2 	termination of parental rights, or guardianship and legal
64.3 	custody to the commissioner through a consent to adopt are
64.4 	preferred permanency options for a child who cannot return home.
64.5 	(d) If the child is not returned to the home, the court
64.6 	must order one of the following dispositions:
64.7 	(1) permanent legal and physical custody to a relative in
64.8 	the best interests of the child according to the following
64.9 	conditions:
64.10 	(i) an order for transfer of permanent legal and physical
64.11 	custody to a relative shall only be made after the court has
64.12 	reviewed the suitability of the prospective legal and physical
64.13 	custodian;
64.14 	(ii) in transferring permanent legal and physical custody
64.15 	to a relative, the juvenile court shall follow the standards
64.16 	applicable under this chapter and chapter 260, and the
64.17 	procedures set out in the juvenile court rules;
64.18 	(iii) an order establishing permanent legal and physical
64.19 	custody under this subdivision must be filed with the family
64.20 	court;
64.21 	(iv) a transfer of legal and physical custody includes
64.22 	responsibility for the protection, education, care, and control
64.23 	of the child and decision making on behalf of the child;
64.24 	(v) the social services agency may bring a petition or
64.25 	motion naming a fit and willing relative as a proposed permanent
64.26 	legal and physical custodian.  The commissioner of human
64.27 	services shall annually prepare for counties information that
64.28 	must be given to proposed custodians about their legal rights
64.29 	and obligations as custodians together with information on
64.30 	financial and medical benefits for which the child is eligible;
64.31 	and
64.32 	(vi) the juvenile court may maintain jurisdiction over the
64.33 	responsible social services agency, the parents or guardian of
64.34 	the child, the child, and the permanent legal and physical
64.35 	custodian for purposes of ensuring appropriate services are
64.36 	delivered to the child and permanent legal custodian or for the
65.1 	purpose of ensuring conditions ordered by the court related to
65.2 	the care and custody of the child are met;
65.3 	(2) termination of parental rights when the requirements of
65.4 	sections 260C.301 to 260C.328 are met or according to the
65.5 	following conditions:
65.6 	(i) unless order the social services agency has already
65.7 	filed to file a petition for termination of parental
65.8 	rights under section 260C.307, the court may order such a
65.9 	petition filed and in which case all the requirements of
65.10 	sections 260C.301 to 260C.328 remain applicable; and
65.11 	(ii) an adoption completed subsequent to a determination
65.12 	under this subdivision may include an agreement for
65.13 	communication or contact under section 259.58;
65.14 	(3) long-term foster care according to the following
65.15 	conditions:
65.16 	(i) the court may order a child into long-term foster care
65.17 	only if it finds approves the responsible social service
65.18 	agency's compelling reasons that neither an award of permanent
65.19 	legal and physical custody to a relative, nor termination of
65.20 	parental rights is in the child's best interests; and 
65.21 	(ii) further, the court may only order long-term foster
65.22 	care for the child under this section if it finds the following:
65.23 	(A) the child has reached age 12 and reasonable efforts by 
65.24 	the responsible social services agency have failed has made
65.25 	reasonable efforts to locate and place the child with an
65.26 	adoptive family for the child or with a fit and willing relative
65.27 	who will agree to a transfer of permanent legal and physical
65.28 	custody of the child, but such efforts have not proven
65.29 	successful; or
65.30 	(B) the child is a sibling of a child described in subitem
65.31 	(A) and the siblings have a significant positive relationship
65.32 	and are ordered into the same long-term foster care home; and 
65.33 	(iii) at least annually, the responsible social services
65.34 	agency reconsiders its provision of services to the child and
65.35 	the child's placement in long-term foster care to ensure that:
65.36 	(A) long-term foster care continues to be the most
66.1 	appropriate legal arrangement for meeting the child's need for
66.2 	permanency and stability, including whether there is another
66.3 	permanent placement option under this chapter that would better
66.4 	serve the child's needs and best interests;
66.5 	(B) whenever possible, there is an identified long-term
66.6 	foster care family that is committed to being the foster family
66.7 	for the child as long as the child is a minor or under the
66.8 	jurisdiction of the court;
66.9 	(C) the child is receiving appropriate services or
66.10 	assistance to maintain or build connections with the child's
66.11 	family and community;
66.12 	(D) the child's physical and mental health needs are being
66.13 	appropriately provided for; and 
66.14 	(E) the child's educational needs are being met;
66.15 	(4) foster care for a specified period of time according to
66.16 	the following conditions:
66.17 	(i) foster care for a specified period of time may be
66.18 	ordered only if:
66.19 	(A) the sole basis for an adjudication that the child is in
66.20 	need of protection or services is the child's behavior;
66.21 	(B) the court finds that foster care for a specified period
66.22 	of time is in the best interests of the child; and
66.23 	(C) the court finds approves the responsible social
66.24 	services agency's compelling reasons that neither an award of
66.25 	permanent legal and physical custody to a relative, nor
66.26 	termination of parental rights is in the child's best interests;
66.27 	(ii) the order does not specify that the child continue in
66.28 	foster care for any period exceeding one year; or
66.29 	(5) guardianship and legal custody to the commissioner of
66.30 	human services under the following procedures and conditions:
66.31 	(i) there is an identified prospective adoptive home agreed
66.32 	to by the responsible social services agency that has agreed to
66.33 	adopt the child and the court accepts the parent's voluntary
66.34 	consent to adopt under section 259.24, except that such consent
66.35 	executed by a parent under this item, following proper notice
66.36 	that consent given under this provision is irrevocable upon
67.1 	acceptance by the court, shall be irrevocable unless fraud is
67.2 	established and an order issues permitting revocation as stated
67.3 	in item (vii);
67.4 	(ii) if the court accepts a consent to adopt in lieu of
67.5 	ordering one of the other enumerated permanency dispositions,
67.6 	the court must review the matter at least every 90 days.  The
67.7 	review will address the reasonable efforts of the agency to
67.8 	achieve a finalized adoption;
67.9 	(iii) a consent to adopt under this clause vests all legal
67.10 	authority regarding the child, including guardianship and legal
67.11 	custody of the child, with the commissioner of human services as
67.12 	if the child were a state ward after termination of parental
67.13 	rights;
67.14 	(iv) the court must forward a copy of the consent to adopt,
67.15 	together with a certified copy of the order transferring
67.16 	guardianship and legal custody to the commissioner, to the
67.17 	commissioner; and 
67.18 	(v) if an adoption is not finalized by the identified
67.19 	prospective adoptive parent within 12 months of the execution of
67.20 	the consent to adopt under this clause, the commissioner of
67.21 	human services or the commissioner's delegate shall pursue
67.22 	adoptive placement in another home unless the commissioner
67.23 	certifies that the failure to finalize is not due to either an
67.24 	action or a failure to act by the prospective adoptive parent;
67.25 	(vi) notwithstanding item (v), as soon as the commissioner
67.26 	or commissioner's delegate determines that finalization of the
67.27 	adoption with the identified prospective adoptive parent is not
67.28 	possible, that the prospective adoptive parent is not
67.29 	cooperative in completing the steps necessary to finalize the
67.30 	adoption, or upon the commissioner's determination to withhold
67.31 	consent to the adoption under chapter 259, the commissioner or
67.32 	commissioner's delegate shall pursue adoptive placement in
67.33 	another home; and 
67.34 	(vii) unless otherwise required by the Indian Child Welfare
67.35 	Act, United States Code, title 25, section 1913, a consent to
67.36 	adopt executed under this section, following proper notice that
68.1 	consent given under this provision is irrevocable upon
68.2 	acceptance by the court, shall be irrevocable upon acceptance by
68.3 	the court except upon order permitting revocation issued by the
68.4 	same court after written findings that consent was obtained by
68.5 	fraud.
68.6 	(e) In ordering a permanent placement of a child, the court
68.7 	must be governed by the best interests of the child, including a
68.8 	review of the relationship between the child and relatives and
68.9 	the child and other important persons with whom the child has
68.10 	resided or had significant contact.
68.11 	(f) Once a permanent placement determination has been made
68.12 	and permanent placement has been established, further court
68.13 	reviews are necessary if:
68.14 	(1) the placement is long-term foster care or foster care
68.15 	for a specified period of time;
68.16 	(2) the court orders further hearings because it has
68.17 	retained jurisdiction of a transfer of permanent legal and
68.18 	physical custody matter;
68.19 	(3) an adoption has not yet been finalized; or
68.20 	(4) there is a disruption of the permanent or long-term
68.21 	placement.
68.22 	(g) Court reviews of an order for long-term foster care,
68.23 	whether under this section or section 260C.317, subdivision 3,
68.24 	paragraph (d), or foster care for a specified period of time 
68.25 	must be conducted at least yearly and must review the child's
68.26 	out-of-home placement plan and the reasonable efforts of the
68.27 	agency to finalize the permanent plan for the child including
68.28 	the agency's efforts to:
68.29 	(1) ensure that long-term foster care continues to be the
68.30 	most appropriate legal arrangement for meeting the child's need
68.31 	for permanency and stability or, if not, to identify and attempt
68.32 	to finalize another permanent placement option under this
68.33 	chapter that would better serve the child's needs and best
68.34 	interests;
68.35 	(2) identify a specific long-term foster home for the child
68.36 	or a specific foster home for the time the child is specified to
69.1 	be out of the care of the parent, if one has not already been
69.2 	identified;
69.3 	(2) (3) support continued placement of the child in the
69.4 	identified home, if one has been identified;
69.5 	(3) (4) ensure appropriate services are provided to address 
69.6 	the physical health, mental health, and educational needs of the 
69.7 	child during the period of long-term foster care or foster care
69.8 	for a specified period of time and also ensure appropriate
69.9 	services or assistance to maintain relationships with
69.10 	appropriate family members and the child's community; and 
69.11 	(4) (5) plan for the child's independence upon the child's
69.12 	leaving long-term foster care living as required under section
69.13 	260C.212, subdivision 1; and 
69.14 	(5) where placement is for a specified period of time, a
69.15 	plan for the safe return of the child to the care of the parent.
69.16 	(h) In the event it is necessary for a child that has been
69.17 	ordered into foster care for a specified period of time to be in
69.18 	foster care longer than one year after the permanency hearing
69.19 	held under this section, not later than 12 months after the time
69.20 	the child was ordered into foster care for a specified period of
69.21 	time, the matter must be returned to court for a review of the
69.22 	appropriateness of continuing the child in foster care and of
69.23 	the responsible social services agency's reasonable efforts to
69.24 	finalize a permanent plan for the child; if it is in the child's
69.25 	best interests to continue the order for foster care for a
69.26 	specified period of time past a total of 12 months, the court
69.27 	shall set objectives for the child's continuation in foster
69.28 	care, specify any further amount of time the child may be in
69.29 	foster care, and review the plan for the safe return of the
69.30 	child to the parent.
69.31 	(i) An order under this subdivision permanently placing a
69.32 	child out of the home of the parent or guardian must include the
69.33 	following detailed findings:
69.34 	(1) how the child's best interests are served by the order;
69.35 	(2) the nature and extent of the responsible social service
69.36 	agency's reasonable efforts, or, in the case of an Indian child,
70.1 	active efforts to reunify the child with the parent or parents 
70.2 	guardian where reasonable efforts are required;
70.3 	(3) the parent's or parents' efforts and ability to use
70.4 	services to correct the conditions which led to the out-of-home
70.5 	placement; and
70.6 	(4) whether that the conditions which led to the
70.7 	out-of-home placement have not been corrected so that the child
70.8 	can safely return home.
70.9 	(i) (j) An order for permanent legal and physical custody
70.10 	of a child may be modified under sections 518.18 and 518.185.
70.11 	The social services agency is a party to the proceeding and must
70.12 	receive notice.  A parent may only seek modification of an order
70.13 	for long-term foster care upon motion and a showing by the
70.14 	parent of a substantial change in the parent's circumstances
70.15 	such that the parent could provide appropriate care for the
70.16 	child and that removal of the child from the child's permanent
70.17 	placement and the return to the parent's care would be in the
70.18 	best interest of the child. The responsible social services
70.19 	agency may ask the court to vacate an order for long-term foster
70.20 	care upon a prima facie showing that there is a factual basis
70.21 	for the court to order another permanency option under this
70.22 	chapter and that such an option is in the child's best
70.23 	interests.  Upon a hearing where the court determines that there
70.24 	is a factual basis for vacating the order for long-term foster
70.25 	care and that another permanent order regarding the placement of
70.26 	the child is in the child's best interests, the court may vacate
70.27 	the order for long-term foster care and enter a different order
70.28 	for permanent placement that is in the child's best interests.
70.29 	The court shall not require further reasonable efforts to
70.30 	reunify the child with the parent or guardian as a basis for
70.31 	vacating the order for long-term foster care and ordering a
70.32 	different permanent placement in the child's best interests.
70.33 	The county attorney must file pleadings and give notice as
70.34 	required under the rules of juvenile court in order to modify an
70.35 	order for long-term foster care under this paragraph.
70.36 	(j) (k) The court shall issue an order required under this
71.1 	section within 15 days of the close of the proceedings.  The
71.2 	court may extend issuing the order an additional 15 days when
71.3 	necessary in the interests of justice and the best interests of
71.4 	the child.

71.5 	Sec. 19. Minnesota Statutes 2004, section 260C.312, is
71.6 	amended to read:
71.7 	260C.312 DISPOSITION; PARENTAL RIGHTS NOT TERMINATED.
71.8 	(a) If, after a hearing, the court does not terminate
71.9 	parental rights but determines that the child is in need of
71.10 	protection or services, or that the child is neglected and in
71.11 	foster care, the court may find the child is in need of
71.12 	protection or services or neglected and in foster care and may
71.13 	enter an order in accordance with the provisions of section
71.14 	260C.201.
71.15 	(b) When a child has been in placement 15 of the last 22
71.16 	months after a trial on a termination of parental rights
71.17 	petition, if the court finds that the petition is not proven or
71.18 	that termination of parental rights is not in the child's best
71.19 	interests, the court must order the child returned to the care
71.20 	of the parent unless the court finds approves the responsible
71.21 	social services agency's determination of compelling reasons why
71.22 	the child should remain out of the care of the parent.  If the
71.23 	court orders the child returned to the care of the parent, the
71.24 	court may order a trial home visit,protective supervision,or
71.25 	monitoring under section 260C.201.

71.26 	Sec. 20. Minnesota Statutes 2004, section 260C.317,
71.27 	subdivision 3, is amended to read:
71.28 		Subd. 3.Order; retention of jurisdiction.  (a) A
71.29 	certified copy of the findings and the order terminating
71.30 	parental rights, and a summary of the court's information
71.31 	concerning the child shall be furnished by the court to the
71.32 	commissioner or the agency to which guardianship is
71.33 	transferred.  The orders shall be on a document separate from
71.34 	the findings.  The court shall furnish the individual to whom
71.35 	guardianship is transferred a copy of the order terminating
71.36 	parental rights.
72.1 	(b) The court shall retain jurisdiction in a case where
72.2 	adoption is the intended permanent placement disposition until
72.3 	the child's adoption is finalized, the child is 18 years of age,
72.4 	or the child is otherwise ordered discharged from the
72.5 	jurisdiction of the court.  The guardian ad litem and counsel
72.6 	for the child shall continue on the case until an adoption
72.7 	decree is entered.  A hearing must be held every 90 days
72.8 	following termination of parental rights for the court to review
72.9 	progress toward an adoptive placement and the specific
72.10 	recruitment efforts the agency has taken to find an adoptive
72.11 	family or other placement living arrangement for the child and
72.12 	to finalize the adoption or other permanency plan.
72.13 	(c) When adoption is not the intended disposition The
72.14 	responsible social services agency may make a determination of
72.15 	compelling reasons for a child to be in long-term foster care
72.16 	when the agency has made exhaustive efforts to recruit,
72.17 	identify, and place the child in an adoptive home, and if the
72.18 	child continues in out-of-home placement foster care for 12 at
72.19 	least 24 months after the court has issued the order terminating
72.20 	parental rights and .  Upon approving the agency's determination
72.21 	of compelling reasons, the court may order the child placed in
72.22 	long-term foster care.At least every 12 months thereafter as
72.23 	long as the child continues in out-of-home placement, the court
72.24 	shall conduct a permanency review hearing to determine the
72.25 	future status of the child, including, but not limited to,
72.26 	whether the child should be continued in out-of-home placement,
72.27 	should be placed for adoption, or should, because of the child's
72.28 	special needs and for compelling reasons, be ordered into
72.29 	long-term out-of-home placement using the review requirements of
72.30 	section 260C.201, subdivision 11, paragraph (g).
72.31 	(d) The court shall retain jurisdiction through the child's
72.32 	minority in a case where long-term foster care is the permanent
72.33 	disposition whether under paragraph (c) or section 260C.201,
72.34 	subdivision 11. All of the review requirements under section
72.35 	260C.201, subdivision 11, paragraph (g), apply.

72.36 	ARTICLE 3
73.1 	CHILD CARE

73.2 	Section 1. Minnesota Statutes 2004, section 119B.025,
73.3 	subdivision 1, is amended to read:
73.4 		Subdivision 1.Factors which must be verified.  (a) The
73.5 	county shall verify the following at all initial child care
73.6 	applications using the universal application:
73.7 	(1) identity of adults;
73.8 	(2) presence of the minor child in the home, if
73.9 	questionable;
73.10 	(3) relationship of minor child to the parent, stepparent,
73.11 	legal guardian, eligible relative caretaker, or the spouses of
73.12 	any of the foregoing;
73.13 	(4) age;
73.14 	(5) immigration status, if related to eligibility;
73.15 	(6) Social Security number, if given;
73.16 	(7) income;
73.17 	(8) spousal support and child support payments made to
73.18 	persons outside the household;
73.19 	(9) residence; and
73.20 	(10) inconsistent information, if related to eligibility.
73.21 	(b) If a family did not use the universal application or
73.22 	child care addendum to apply for child care assistance, the
73.23 	family must complete the universal application or child care
73.24 	addendum at its next eligibility redetermination and the county
73.25 	must verify the factors listed in paragraph (a) as part of that
73.26 	redetermination.  Once a family has completed a universal
73.27 	application or child care addendum, the county shall use the
73.28 	redetermination form described in paragraph (c) for that
73.29 	family's subsequent redeterminations. Eligibility must be
73.30 	redetermined at least every six months.  If a family reports a
73.31 	change in an eligibility factor before the family's next
73.32 	regularly scheduled redetermination, the county must recalculate
73.33 	eligibility without requiring verification of any eligibility
73.34 	factor that did not change.
73.35 	(c) The commissioner shall develop a recertification 
73.36 	redetermination form to redetermine eligibility and a change
74.1 	report form to report changes that minimizes minimize paperwork
74.2 	for the county and the participant.

74.3 	Sec. 2. Minnesota Statutes 2004, section 119B.03,
74.4 	subdivision 6, is amended to read:
74.5 		Subd. 6.Allocation formula.  The basic sliding fee state
74.6 	and federal funds shall be allocated on a calendar year basis.
74.7 	Funds shall be allocated first in amounts equal to each county's
74.8 	guaranteed floor according to subdivision 8, with any remaining
74.9 	available funds allocated according to the following formula:
74.10 	(a) One-fourth of the funds shall be allocated in
74.11 	proportion to each county's total expenditures for the basic
74.12 	sliding fee child care program reported during the most recent
74.13 	fiscal year completed at the time of the notice of allocation.
74.14 	(b) One-fourth of the funds shall be allocated based on the
74.15 	number of families participating in the transition year child
74.16 	care program as reported during the most recent quarter
74.17 	completed at the time of the notice of allocation.
74.18 	(c) One-fourth of the funds shall be allocated in
74.19 	proportion to each county's most recently reported first,
74.20 	second, and third priority waiting list as defined in
74.21 	subdivision 2 and the reinstatement list of those families whose
74.22 	assistance was terminated with the approval of the commissioner
74.23 	under Minnesota Rules, part 3400.0183, subpart 1.
74.24 	(d) One-fourth of the funds must be allocated in proportion
74.25 	to each county's most recently reported waiting list as defined
74.26 	in subdivision 2 and the reinstatement list of those families
74.27 	whose assistance was terminated with the approval of the
74.28 	commissioner under Minnesota Rules, part 3400.0183, subpart 1.

74.29 	Sec. 3. Minnesota Statutes 2004, section 119B.09,
74.30 	subdivision 4, is amended to read:
74.31 		Subd. 4.Eligibility; annual income; calculation.  Annual
74.32 	income of the applicant family is the current monthly income of
74.33 	the family multiplied by 12 or the income for the 12-month
74.34 	period immediately preceding the date of application, or income
74.35 	calculated by the method which provides the most accurate
74.36 	assessment of income available to the family.  Self-employment
75.1 	income must be calculated based on gross receipts less operating
75.2 	expenses.  Income must be redetermined recalculated when the
75.3 	family's income changes, but no less often than every six
75.4 	months.  Income must be verified with documentary evidence.  If
75.5 	the applicant does not have sufficient evidence of income,
75.6 	verification must be obtained from the source of the income.

75.7 	Sec. 4. Minnesota Statutes 2004, section 119B.09,
75.8 	subdivision 9, is amended to read:
75.9 		Subd. 9.Licensed and legal nonlicensed family child care
75.10 	providers; assistance.  Licensed and legal nonlicensed family
75.11 	child care providers are not eligible to receive child care
75.12 	assistance subsidies under this chapter for their own children
75.13 	or children in their custody.family during the hours they are
75.14 	providing child care or being paid to provide child care.  Child
75.15 	care providers are eligible to receive child care assistance
75.16 	subsidies for their children when they are engaged in other
75.17 	activities that meet the requirements of this chapter and for
75.18 	which child care assistance can be paid.  The hours for which
75.19 	the provider receives a child care subsidy for their own
75.20 	children must not overlap with the hours the provider provides
75.21 	child care services.

75.22 	ARTICLE 4
75.23 	CHILD SUPPORT

75.24 	Section 1. Minnesota Statutes 2004, section 256.978,
75.25 	subdivision 2, is amended to read:
75.26 		Subd. 2.Access to information.  (a) A request for
75.27 	information by the public authority responsible for child
75.28 	support of this state or any other state may be made to:
75.29 	(1) employers when there is reasonable cause to believe
75.30 	that the subject of the inquiry is or was an employee or
75.31 	independent contractor of the employer.  Information to be
75.32 	released by employers of employees is limited to place of
75.33 	residence, employment status, wage or payment information,
75.34 	benefit information, and Social Security number.  Information to
75.35 	be released by employers of independent contractors is limited
75.36 	to place of residence or address, contract status, payment
76.1 	information, benefit information, and Social Security number or
76.2 	identification number;
76.3 	(2) utility companies when there is reasonable cause to
76.4 	believe that the subject of the inquiry is or was a retail
76.5 	customer of the utility company.  Customer information to be
76.6 	released by utility companies is limited to place of residence,
76.7 	home telephone, work telephone, source of income, employer and
76.8 	place of employment, and Social Security number;
76.9 	(3) insurance companies when there is reasonable cause to
76.10 	believe that the subject of the inquiry is or was receiving
76.11 	funds either in the form of a lump sum or periodic payments.
76.12 	Information to be released by insurance companies is limited to
76.13 	place of residence, home telephone, work telephone, employer,
76.14 	Social Security number, and amounts and type of payments made to
76.15 	the subject of the inquiry;
76.16 	(4) labor organizations when there is reasonable cause to
76.17 	believe that the subject of the inquiry is or was a member of
76.18 	the labor association.  Information to be released by labor
76.19 	associations is limited to place of residence, home telephone,
76.20 	work telephone, Social Security number, and current and past
76.21 	employment information; and
76.22 	(5) financial institutions when there is reasonable cause
76.23 	to believe that the subject of the inquiry has or has had
76.24 	accounts, stocks, loans, certificates of deposits, treasury
76.25 	bills, life insurance policies, or other forms of financial
76.26 	dealings with the institution.  Information to be released by
76.27 	the financial institution is limited to place of residence, home
76.28 	telephone, work telephone, identifying information on the type
76.29 	of financial relationships, Social Security number, current
76.30 	value of financial relationships, and current indebtedness of
76.31 	the subject with the financial institution.
76.32 	(b) For purposes of this subdivision, utility companies
76.33 	include telephone companies, radio common carriers, and
76.34 	telecommunications carriers as defined in section 237.01, and
76.35 	companies that provide electrical, telephone, natural gas,
76.36 	propane gas, oil, coal, or cable television services to retail
77.1 	customers.  The term financial institution includes banks,
77.2 	savings and loans, credit unions, brokerage firms, mortgage
77.3 	companies, insurance companies, benefit associations, safe
77.4 	deposit companies, money market mutual funds, or similar
77.5 	entities authorized to do business in the state.
77.6 	(c) For purposes of this section, the public authority may
77.7 	request or obtain information from any person or entity
77.8 	enumerated in this section, or from any third party who
77.9 	contracts with any such person or entity to obtain or retain
77.10 	information that may be requested by the public authority.

77.11 	Sec. 2. Minnesota Statutes 2004, section 518.551,
77.12 	subdivision 5, is amended to read:
77.13 		Subd. 5.Notice to public authority; guidelines.  (a) The
77.14 	petitioner shall notify the public authority of all proceedings
77.15 	for dissolution, legal separation, determination of parentage or
77.16 	for the custody of a child, if either party is receiving public
77.17 	assistance or applies for it subsequent to the commencement of
77.18 	the proceeding.  The notice must contain the full names of the
77.19 	parties to the proceeding, their Social Security account
77.20 	numbers, and their birth dates.  After receipt of the notice,
77.21 	the court shall set child support as provided in this
77.22 	subdivision.  The court may order either or both parents owing a
77.23 	duty of support to a child of the marriage to pay an amount
77.24 	reasonable or necessary for the child's support, without regard
77.25 	to marital misconduct.  The court shall approve a child support
77.26 	stipulation of the parties if each party is represented by
77.27 	independent counsel, unless the stipulation does not meet the
77.28 	conditions of paragraph (i).  In other cases the court shall
77.29 	determine and order child support in a specific dollar amount in
77.30 	accordance with the guidelines and the other factors set forth
77.31 	in paragraph (c) and any departure therefrom.  The court may
77.32 	also order the obligor to pay child support in the form of a
77.33 	percentage share of the obligor's net bonuses, commissions, or
77.34 	other forms of compensation, in addition to, or if the obligor
77.35 	receives no base pay, in lieu of, an order for a specific dollar
77.36 	amount.
78.1 	(b) The court shall derive a specific dollar amount for
78.2 	child support by multiplying the obligor's net income by the
78.3 	percentage indicated by the following guidelines:
78.4 	Net Income Per            Number of Children
78.5 	Month of Obligor
78.6 	              1     2     3     4     5     6    7 or
78.7 	                                                 more
78.8 	$550 and Below     Order based on the ability of the
78.9 	                   obligor to provide support
78.10 	                   at these income levels, or at higher
78.11 	                   levels, if the obligor has
78.12 	                   the earning ability.
78.13 	$551 - 600   16%   19%   22%   25%   28%   30%   32%
78.14 	$601 - 650   17%   21%   24%   27%   29%   32%   34%
78.15 	$651 - 700   18%   22%   25%   28%   31%   34%   36%
78.16 	$701 - 750   19%   23%   27%   30%   33%   36%   38%
78.17 	$751 - 800   20%   24%   28%   31%   35%   38%   40%
78.18 	$801 - 850   21%   25%   29%   33%   36%   40%   42%
78.19 	$851 - 900   22%   27%   31%   34%   38%   41%   44%
78.20 	$901 - 950   23%   28%   32%   36%   40%   43%   46%
78.21 	$951 - 1000  24%   29%   34%   38%   41%   45%   48%
78.22 	$1001- 5000  25%   30%   35%   39%   43%   47%   50%
78.23 	or the amount
78.24 	in effect under
78.25 	paragraph (k)
78.26 	Guidelines for support for an obligor with a monthly income
78.27 	in excess of the income limit currently in effect under
78.28 	paragraph (k) shall be the same dollar amounts as provided for
78.29 	in the guidelines for an obligor with a monthly income equal to
78.30 	the limit in effect.
78.31 	Net Income defined as:
78.32 	
78.33 	         Total monthly
78.34 	         income less           *(i) Federal Income Tax
78.35 	                              *(ii) State Income Tax
78.36 	                              (iii) Social Security
79.1 	                                     Deductions
79.2 	                               (iv) Reasonable
79.3 	                                     Pension Deductions
79.4 	         *Standard
79.5 	         Deductions apply-      (v) Union Dues
79.6 	         use of tax tables     (vi) Cost of Dependent Health
79.7 	         recommended                 Insurance Coverage
79.8 	                              (vii) Cost of Individual or Group
79.9 	                                     Health/Hospitalization
79.10 	                                     Coverage or an
79.11 	                                     Amount for Actual
79.12 	                                     Medical Expenses
79.13 	                             (viii) A Child Support or
79.14 	                                     Maintenance Order that is
79.15 	                                     Currently Being Paid , not
79.16 	                                     including payments or
79.17 	                                     orders for child support
79.18 	                                     or maintenance debts or
79.19 	                                     arrears.
79.20 	"Net income" does not include:
79.21 	(1) the income of the obligor's spouse, but does include
79.22 	in-kind payments received by the obligor in the course of
79.23 	employment, self-employment, or operation of a business if the
79.24 	payments reduce the obligor's living expenses; or
79.25 	(2) compensation received by a party for employment in
79.26 	excess of a 40-hour work week, provided that:
79.27 	(i) support is nonetheless ordered in an amount at least
79.28 	equal to the guidelines amount based on income not excluded
79.29 	under this clause; and
79.30 	(ii) the party demonstrates, and the court finds, that:
79.31 	(A) the excess employment began after the filing of the
79.32 	petition for dissolution;
79.33 	(B) the excess employment reflects an increase in the work
79.34 	schedule or hours worked over that of the two years immediately
79.35 	preceding the filing of the petition;
79.36 	(C) the excess employment is voluntary and not a condition
80.1 	of employment;
80.2 	(D) the excess employment is in the nature of additional,
80.3 	part-time or overtime employment compensable by the hour or
80.4 	fraction of an hour; and
80.5 	(E) the party's compensation structure has not been changed
80.6 	for the purpose of affecting a support or maintenance obligation.
80.7 	The court shall review the work-related and
80.8 	education-related child care costs paid and shall allocate the
80.9 	costs to each parent in proportion to each parent's net income,
80.10 	as determined under this subdivision, after the transfer of
80.11 	child support and spousal maintenance, unless the allocation
80.12 	would be substantially unfair to either parent.  There is a
80.13 	presumption of substantial unfairness if after the sum total of
80.14 	child support, spousal maintenance, and child care costs is
80.15 	subtracted from the obligor's income, the income is at or below
80.16 	100 percent of the federal poverty guidelines.  The cost of
80.17 	child care for purposes of this paragraph is 75 percent of the
80.18 	actual cost paid for child care, to reflect the approximate
80.19 	value of state and federal tax credits available to the
80.20 	obligee.  The actual cost paid for child care is the total
80.21 	amount received by the child care provider for the child or
80.22 	children of the obligor from the obligee or any public agency.
80.23 	The court shall require verification of employment or school
80.24 	attendance and documentation of child care expenses from the
80.25 	obligee and the public agency, if applicable.  If child care
80.26 	expenses fluctuate during the year because of seasonal
80.27 	employment or school attendance of the obligee or extended
80.28 	periods of parenting time with the obligor, the court shall
80.29 	determine child care expenses based on an average monthly cost.
80.30 	The amount allocated for child care expenses is considered child
80.31 	support but is not subject to a cost-of-living adjustment under
80.32 	section 518.641. If a court order provides for child care
80.33 	expenses and the public authority provides child support
80.34 	enforcement services, the collection of the amount allocated for
80.35 	child care expenses terminates must be suspended when either
80.36 	party notifies informs the public authority that the no child
81.1 	care costs have ended and without any legal action on the part
81.2 	of either party are being incurred and the public authority
81.3 	verifies the accuracy of the information with the other party.
81.4 	The public authority shall verify the information received under
81.5 	this provision before authorizing termination.  The termination
81.6 	is effective as of the date of the notification.resume
81.7 	collection of the amount allocated for child care expenses when
81.8 	either party provides information that child care costs have
81.9 	resumed.  If the parties provide conflicting information to the
81.10 	public authority regarding whether or not child care expenses
81.11 	are being incurred, the collection of the amount allocated for
81.12 	child care expenses must continue or resume.  Either party,
81.13 	through motion to the court, may challenge the suspension or
81.14 	resumption of the collection of the amount allocated for child
81.15 	care expenses.  All provisions of the court order remain in
81.16 	effect even though the public authority suspends collection
81.17 	activities for the amount allocated for child care expenses.In
81.18 	these and other cases where there is a substantial increase or
81.19 	decrease in child care expenses, the parties may modify the
81.20 	order under section 518.64.
81.21 	The court may allow the obligor parent to care for the
81.22 	child while the obligee parent is working, as provided in
81.23 	section 518.175, subdivision 8, but this is not a reason to
81.24 	deviate from the guidelines.
81.25 	(c) In addition to the child support guidelines, the court
81.26 	shall take into consideration the following factors in setting
81.27 	or modifying child support or in determining whether to deviate
81.28 	from the guidelines:
81.29 	(1) all earnings, income, and resources of the parents,
81.30 	including real and personal property, but excluding income from
81.31 	excess employment of the obligor or obligee that meets the
81.32 	criteria of paragraph (b), clause (2)(ii);
81.33 	(2) the financial needs and resources, physical and
81.34 	emotional condition, and educational needs of the child or
81.35 	children to be supported;
81.36 	(3) the standard of living the child would have enjoyed had
82.1 	the marriage not been dissolved, but recognizing that the
82.2 	parents now have separate households;
82.3 	(4) which parent receives the income taxation dependency
82.4 	exemption and what financial benefit the parent receives from
82.5 	it;
82.6 	(5) the parents' debts as provided in paragraph (d); and
82.7 	(6) the obligor's receipt of public assistance under the
82.8 	AFDC program formerly codified under sections 256.72 to 256.82
82.9 	or 256B.01 to 256B.40 and chapter 256J or 256K.
82.10 	(d) In establishing or modifying a support obligation, the
82.11 	court may consider debts owed to private creditors, but only if:
82.12 	(1) the right to support has not been assigned under
82.13 	section 256.741;
82.14 	(2) the court determines that the debt was reasonably
82.15 	incurred for necessary support of the child or parent or for the
82.16 	necessary generation of income.  If the debt was incurred for
82.17 	the necessary generation of income, the court shall consider
82.18 	only the amount of debt that is essential to the continuing
82.19 	generation of income; and
82.20 	(3) the party requesting a departure produces a sworn
82.21 	schedule of the debts, with supporting documentation, showing
82.22 	goods or services purchased, the recipient of them, the amount
82.23 	of the original debt, the outstanding balance, the monthly
82.24 	payment, and the number of months until the debt will be fully
82.25 	paid.
82.26 	(e) Any schedule prepared under paragraph (d), clause (3),
82.27 	shall contain a statement that the debt will be fully paid after
82.28 	the number of months shown in the schedule, barring emergencies
82.29 	beyond the party's control.
82.30 	(f) Any further departure below the guidelines that is
82.31 	based on a consideration of debts owed to private creditors
82.32 	shall not exceed 18 months in duration, after which the support
82.33 	shall increase automatically to the level ordered by the court.
82.34 	Nothing in this section shall be construed to prohibit one or
82.35 	more step increases in support to reflect debt retirement during
82.36 	the 18-month period.
83.1 	(g) If payment of debt is ordered pursuant to this section,
83.2 	the payment shall be ordered to be in the nature of child
83.3 	support.
83.4 	(h) Nothing shall preclude the court from receiving
83.5 	evidence on the above factors to determine if the guidelines
83.6 	should be exceeded or modified in a particular case.
83.7 	(i) The guidelines in this subdivision are a rebuttable
83.8 	presumption and shall be used in all cases when establishing or
83.9 	modifying child support.  If the court does not deviate from the
83.10 	guidelines, the court shall make written findings concerning the
83.11 	amount of the obligor's income used as the basis for the
83.12 	guidelines calculation and any other significant evidentiary
83.13 	factors affecting the determination of child support.  If the
83.14 	court deviates from the guidelines, the court shall make written
83.15 	findings giving the amount of support calculated under the
83.16 	guidelines, the reasons for the deviation, and shall
83.17 	specifically address the criteria in paragraph (c) and how the
83.18 	deviation serves the best interest of the child.  The court may
83.19 	deviate from the guidelines if both parties agree and the court
83.20 	makes written findings that it is in the best interests of the
83.21 	child, except that in cases where child support payments are
83.22 	assigned to the public agency under section 256.741, the court
83.23 	may deviate downward only as provided in paragraph (j).  Nothing
83.24 	in this paragraph prohibits the court from deviating in other
83.25 	cases.  The provisions of this paragraph apply whether or not
83.26 	the parties are each represented by independent counsel and have
83.27 	entered into a written agreement.  The court shall review
83.28 	stipulations presented to it for conformity to the guidelines
83.29 	and the court is not required to conduct a hearing, but the
83.30 	parties shall provide the documentation of earnings required
83.31 	under subdivision 5b.
83.32 	(j) If the child support payments are assigned to the
83.33 	public agency under section 256.741, the court may not deviate
83.34 	downward from the child support guidelines unless the court
83.35 	specifically finds that the failure to deviate downward would
83.36 	impose an extreme hardship on the obligor.
84.1 	(k) The dollar amount of the income limit for application
84.2 	of the guidelines must be adjusted on July 1 of every
84.3 	even-numbered year to reflect cost-of-living changes.  The
84.4 	Supreme Court shall select the index for the adjustment from the
84.5 	indices listed in section 518.641.  The state court
84.6 	administrator shall make the changes in the dollar amount
84.7 	required by this paragraph available to courts and the public on
84.8 	or before April 30 of the year in which the amount is to change.
84.9 	(l) In establishing or modifying child support, if a child
84.10 	receives a child's insurance benefit under United States Code,
84.11 	title 42, section 402, because the obligor is entitled to old
84.12 	age or disability insurance benefits, the amount of support
84.13 	ordered shall be offset by the amount of the child's benefit.
84.14 	The court shall make findings regarding the obligor's income
84.15 	from all sources, the child support amount calculated under this
84.16 	section, the amount of the child's benefit, and the obligor's
84.17 	child support obligation.  Any benefit received by the child in
84.18 	a given month in excess of the child support obligation shall
84.19 	not be treated as an arrearage payment or a future payment.

84.20 	Sec. 3. Minnesota Statutes 2004, section 518.68,
84.21 	subdivision 2, is amended to read:
84.22 		Subd. 2.Contents.  The required notices must be
84.23 	substantially as follows:
84.24 	IMPORTANT NOTICE
84.25 	1.  PAYMENTS TO PUBLIC AGENCY
84.26 	According to Minnesota Statutes, section 518.551,
84.27 	subdivision 1, payments ordered for maintenance and support
84.28 	must be paid to the public agency responsible for child
84.29 	support enforcement as long as the person entitled to
84.30 	receive the payments is receiving or has applied for public
84.31 	assistance or has applied for support and maintenance
84.32 	collection services.  MAIL PAYMENTS TO:
84.33 	2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A
84.34 	FELONY
84.35 	A person may be charged with a felony who conceals a minor
84.36 	child or takes, obtains, retains, or fails to return a
85.1 	minor child from or to the child's parent (or person with
85.2 	custodial or visitation rights), according to Minnesota
85.3 	Statutes, section 609.26.  A copy of that section is
85.4 	available from any district court clerk.
85.5 	3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES
85.6 	A person who fails to pay court-ordered child support or
85.7 	maintenance may be charged with a crime, which may include
85.8 	misdemeanor, gross misdemeanor, or felony charges,
85.9 	according to Minnesota Statutes, section 609.375.  A copy
85.10 	of that section is available from any district court clerk.
85.11 	4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME
85.12 	(a) Payment of support or spousal maintenance is to be as
85.13 	ordered, and the giving of gifts or making purchases of
85.14 	food, clothing, and the like will not fulfill the
85.15 	obligation.
85.16 	(b) Payment of support must be made as it becomes due, and
85.17 	failure to secure or denial of parenting time is NOT an
85.18 	excuse for nonpayment, but the aggrieved party must seek
85.19 	relief through a proper motion filed with the court.
85.20 	(c) Nonpayment of support is not grounds to deny parenting
85.21 	time.  The party entitled to receive support may apply for
85.22 	support and collection services, file a contempt motion, or
85.23 	obtain a judgment as provided in Minnesota Statutes,
85.24 	section 548.091.
85.25 	(d) The payment of support or spousal maintenance takes
85.26 	priority over payment of debts and other obligations.
85.27 	(e) A party who accepts additional obligations of support
85.28 	does so with the full knowledge of the party's prior
85.29 	obligation under this proceeding.
85.30 	(f) Child support or maintenance is based on annual income,
85.31 	and it is the responsibility of a person with seasonal
85.32 	employment to budget income so that payments are made
85.33 	throughout the year as ordered.
85.34 	(g) If the obligor is laid off from employment or receives
85.35 	a pay reduction, support may be reduced, but only if a
85.36 	motion to reduce the support is served and filed with the
86.1 	court.  Any reduction will take effect only if ordered by
86.2 	the court and may only relate back to the time that the
86.3 	motion is filed.  If a motion is not filed, the support
86.4 	obligation will continue at the current level.  The court
86.5 	is not permitted to reduce support retroactively, except as
86.6 	provided in Minnesota Statutes, section 518.64, subdivision
86.7 	2, paragraph (c).
86.8 	(h) Reasonable parenting time guidelines are contained in
86.9 	Appendix B, which is available from the court administrator.
86.10 	(i) The nonpayment of support may be enforced through the
86.11 	denial of student grants; interception of state and federal
86.12 	tax refunds; suspension of driver's, recreational, and
86.13 	occupational licenses; referral to the department of
86.14 	revenue or private collection agencies; seizure of assets,
86.15 	including bank accounts and other assets held by financial
86.16 	institutions; reporting to credit bureaus; interest
86.17 	charging, income withholding, and contempt proceedings; and
86.18 	other enforcement methods allowed by law.
86.19 	(j) The public authority may suspend or resume collection
86.20 	of the amount allocated for child care expenses if the
86.21 	conditions of Minnesota Statutes, section 518.551,
86.22 	subdivision 5, paragraph (b), are met.
86.23 	5.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17,
86.24 	SUBDIVISION 3
86.25 	Unless otherwise provided by the Court:
86.26 	(a) Each party has the right of access to, and to receive
86.27 	copies of, school, medical, dental, religious training, and
86.28 	other important records and information about the minor
86.29 	children.  Each party has the right of access to
86.30 	information regarding health or dental insurance available
86.31 	to the minor children.  Presentation of a copy of this
86.32 	order to the custodian of a record or other information
86.33 	about the minor children constitutes sufficient
86.34 	authorization for the release of the record or information
86.35 	to the requesting party.
86.36 	(b) Each party shall keep the other informed as to the name
87.1 	and address of the school of attendance of the minor
87.2 	children.  Each party has the right to be informed by
87.3 	school officials about the children's welfare, educational
87.4 	progress and status, and to attend school and parent
87.5 	teacher conferences.  The school is not required to hold a
87.6 	separate conference for each party.
87.7 	(c) In case of an accident or serious illness of a minor
87.8 	child, each party shall notify the other party of the
87.9 	accident or illness, and the name of the health care
87.10 	provider and the place of treatment.
87.11 	(d) Each party has the right of reasonable access and
87.12 	telephone contact with the minor children.
87.13 	6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE
87.14 	Child support and/or spousal maintenance may be withheld
87.15 	from income, with or without notice to the person obligated
87.16 	to pay, when the conditions of Minnesota Statutes, section
87.17 	518.6111 have been met.  A copy of those sections is
87.18 	available from any district court clerk.
87.19 	7.  CHANGE OF ADDRESS OR RESIDENCE
87.20 	Unless otherwise ordered, each party shall notify the other
87.21 	party, the court, and the public authority responsible for
87.22 	collection, if applicable, of the following information
87.23 	within ten days of any change:  the residential and mailing
87.24 	address, telephone number, driver's license number, Social
87.25 	Security number, and name, address, and telephone number of
87.26 	the employer.
87.27 	8.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE
87.28 	Child support and/or spousal maintenance may be adjusted
87.29 	every two years based upon a change in the cost of living
87.30 	(using Department of Labor Consumer Price Index ..........,
87.31 	unless otherwise specified in this order) when the
87.32 	conditions of Minnesota Statutes, section 518.641, are met.
87.33 	Cost of living increases are compounded.  A copy of
87.34 	Minnesota Statutes, section 518.641, and forms necessary to
87.35 	request or contest a cost of living increase are available
87.36 	from any district court clerk.
88.1 	9.  JUDGMENTS FOR UNPAID SUPPORT
88.2 	If a person fails to make a child support payment, the
88.3 	payment owed becomes a judgment against the person
88.4 	responsible to make the payment by operation of law on or
88.5 	after the date the payment is due, and the person entitled
88.6 	to receive the payment or the public agency may obtain
88.7 	entry and docketing of the judgment WITHOUT NOTICE to the
88.8 	person responsible to make the payment under Minnesota
88.9 	Statutes, section 548.091.  Interest begins to accrue on a
88.10 	payment or installment of child support whenever the unpaid
88.11 	amount due is greater than the current support due,
88.12 	according to Minnesota Statutes, section 548.091,
88.13 	subdivision 1a.
88.14 	10.  JUDGMENTS FOR UNPAID MAINTENANCE
88.15 	A judgment for unpaid spousal maintenance may be entered
88.16 	when the conditions of Minnesota Statutes, section 548.091,
88.17 	are met.  A copy of that section is available from any
88.18 	district court clerk.
88.19 	11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD
88.20 	SUPPORT
88.21 	A judgment for attorney fees and other collection costs
88.22 	incurred in enforcing a child support order will be entered
88.23 	against the person responsible to pay support when the
88.24 	conditions of section 518.14, subdivision 2, are met.  A
88.25 	copy of section 518.14 and forms necessary to request or
88.26 	contest these attorney fees and collection costs are
88.27 	available from any district court clerk.
88.28 	12.  PARENTING TIME EXPEDITOR PROCESS
88.29 	On request of either party or on its own motion, the court
88.30 	may appoint a parenting time expeditor to resolve parenting
88.31 	time disputes under Minnesota Statutes, section 518.1751.
88.32 	A copy of that section and a description of the expeditor
88.33 	process is available from any district court clerk.
88.34 	13.  PARENTING TIME REMEDIES AND PENALTIES
88.35 	Remedies and penalties for the wrongful denial of parenting
88.36 	time are available under Minnesota Statutes, section
89.1 	518.175, subdivision 6.  These include compensatory
89.2 	parenting time; civil penalties; bond requirements;
89.3 	contempt; and reversal of custody.  A copy of that
89.4 	subdivision and forms for requesting relief are available
89.5 	from any district court clerk.

89.6 	Sec. 4. Minnesota Statutes 2004, section 548.091,
89.7 	subdivision 1a, is amended to read:
89.8 		Subd. 1a.Child support judgment by operation of law.
 89.9 	(a) Any payment or installment of support required by a judgment
89.10 	or decree of dissolution or legal separation, determination of
89.11 	parentage, an order under chapter 518C, an order under section
89.12 	256.87, or an order under section 260B.331 or 260C.331, that is
89.13 	not paid or withheld from the obligor's income as required under
89.14 	section 518.6111, or which is ordered as child support by
89.15 	judgment, decree, or order by a court in any other state, is a
89.16 	judgment by operation of law on and after the date it is due, is
89.17 	entitled to full faith and credit in this state and any other
89.18 	state, and shall be entered and docketed by the court
89.19 	administrator on the filing of affidavits as provided in
89.20 	subdivision 2a.  Except as otherwise provided by paragraph (b),
89.21 	interest accrues from the date the unpaid amount due is greater
89.22 	than the current support due at the annual rate provided in
89.23 	section 549.09, subdivision 1, plus two percent, not to exceed
89.24 	an annual rate of 18 percent.  A payment or installment of
89.25 	support that becomes a judgment by operation of law between the
89.26 	date on which a party served notice of a motion for modification
89.27 	under section 518.64, subdivision 2, and the date of the court's
89.28 	order on modification may be modified under that subdivision.
89.29 	(b) Notwithstanding the provisions of section 549.09, upon
89.30 	motion to the court and upon proof by the obligor of 36 12 
89.31 	consecutive months of complete and timely payments of both
89.32 	current support and court-ordered paybacks of a child support
89.33 	debt or arrearage, the court may order interest on the remaining
89.34 	debt or arrearage to stop accruing.  Timely payments are those
89.35 	made in the month in which they are due.  If, after that time,
89.36 	the obligor fails to make complete and timely payments of both
90.1 	current support and court-ordered paybacks of child support debt
90.2 	or arrearage, the public authority or the obligee may move the
90.3 	court for the reinstatement of interest as of the month in which
90.4 	the obligor ceased making complete and timely payments.
90.5 	The court shall provide copies of all orders issued under
90.6 	this section to the public authority.  The state court
90.7 	administrator shall prepare and make available to the court and
90.8 	the parties forms to be submitted by the parties in support of a
90.9 	motion under this paragraph.
90.10 	(c) Notwithstanding the provisions of section 549.09, upon
90.11 	motion to the court, the court may order interest on a child
90.12 	support debt or arrearage to stop accruing where the court finds
90.13 	that the obligor is:
90.14 	(1) unable to pay support because of a significant physical
90.15 	or mental disability;
90.16 	(2) a recipient of Supplemental Security Income (SSI),
90.17 	Title II Older Americans Survivor's Disability Insurance
90.18 	(OASDI), other disability benefits, or public assistance based
90.19 	upon need; or
90.20 	(3) institutionalized or incarcerated for at least 30 days
90.21 	for an offense other than nonsupport of the child or children
90.22 	involved, and is otherwise financially unable to pay support.
90.23 	(d) If the conditions in paragraph (c) no longer exist,
90.24 	upon motion to the court, the court may order interest accrual
90.25 	to resume retroactively from the date of service of the motion
90.26 	to resume the accrual of interest.

90.27 	ARTICLE 5
90.28 	FAMILY SUPPORTS

90.29 	Section 1. Minnesota Statutes 2004, section 119A.43,
90.30 	subdivision 2, is amended to read:
90.31 		Subd. 2.Establishment and administration.  A
90.32 	transitional housing program is established to be administered
90.33 	by the commissioner.  The commissioner may make grants to
90.34 	eligible recipients or enter into agreements with community
90.35 	action agencies or other public or private nonprofit agencies to
90.36 	make grants to eligible recipients to initiate, maintain, or
91.1 	expand programs to provide transitional housing and support
91.2 	services for persons in need of transitional housing, which may
91.3 	include up to six months of follow-up support services for
91.4 	persons who complete transitional housing as they stabilize in
91.5 	permanent housing.  The commissioner must ensure that money
91.6 	appropriated to implement this section is distributed as soon as
91.7 	practicable.  The commissioner may make grants directly to
91.8 	eligible recipients. The commissioner may use up to ten percent
91.9 	of the appropriation available for this program for persons
91.10 	needing assistance longer than 24 months.

91.11 	Sec. 2. Minnesota Statutes 2004, section 144D.025, is
91.12 	amended to read:
91.13 	144D.025 OPTIONAL REGISTRATION.
91.14 	An establishment that meets all the requirements of this
91.15 	chapter except that fewer than 80 percent of the adult residents
91.16 	are age 55 or older, or a supportive housing establishment
91.17 	developed and funded in whole or in part with funds provided
91.18 	specifically as part of the plan to end long-term homelessness
91.19 	required under Laws 2003, chapter 128, article 15, section 9,
91.20 	may, at its option, register as a housing with services
91.21 	establishment.

91.22 	Sec. 3. Minnesota Statutes 2004, section 256D.02,
91.23 	subdivision 17, is amended to read:
91.24 		Subd. 17.Professional certification.  "Professional
91.25 	certification" means: (1) a statement about a person's illness,
91.26 	injury, or incapacity that is signed by a licensed physician,
91.27 	psychological practitioner, or licensed psychologist, qualified
91.28 	by professional training and experience to diagnose and certify
91.29 	the person's condition; or 
91.30 	(2) a statement about an incapacity involving a spinal
91.31 	subluxation condition that is signed by a licensed chiropractor
91.32 	qualified by professional training and experience to diagnose
91.33 	and certify the condition "qualified professional" as defined in
91.34 	section 256J.08, subdivision 73a.

91.35 	Sec. 4. Minnesota Statutes 2004, section 256D.051,
91.36 	subdivision 6c, is amended to read:
92.1 		Subd. 6c.Program funding. (a) Within the limits of
92.2 	available resources, the commissioner shall reimburse the actual
92.3 	costs of county agencies and their employment and training
92.4 	service providers for the provision of food stamp employment and
92.5 	training services, including participant support services,
92.6 	direct program services, and program administrative activities.
92.7 	The cost of services for each county's food stamp employment and
92.8 	training program shall not exceed the annual allocated amount.
92.9 	No more than 15 percent of program funds may be used for
92.10 	administrative activities.  The county agency may expend county
92.11 	funds in excess of the limits of this subdivision without state
92.12 	reimbursement.
92.13 	Program funds shall be allocated based on the county's
92.14 	average number of food stamp cases as compared to the statewide
92.15 	total number of such cases.  The average number of cases shall
92.16 	be based on counts of cases as of March 31, June 30, September
92.17 	30, and December 31 of the previous calendar year.  The
92.18 	commissioner may reallocate unexpended money appropriated under
92.19 	this section to those county agencies that demonstrate a need
92.20 	for additional funds.
92.21 	(b) This subdivision expires effective June 30, 2005.

92.22 	Sec. 5. Minnesota Statutes 2004, section 256I.04,
92.23 	subdivision 2a, is amended to read:
92.24 		Subd. 2a.License required.  A county agency may not
92.25 	enter into an agreement with an establishment to provide group
92.26 	residential housing unless:
92.27 	(1) the establishment is licensed by the Department of
92.28 	Health as a hotel and restaurant; a board and lodging
92.29 	establishment; a residential care home; a boarding care home
92.30 	before March 1, 1985; or a supervised living facility, and the
92.31 	service provider for residents of the facility is licensed under
92.32 	chapter 245A.  However, an establishment licensed by the
92.33 	Department of Health to provide lodging need not also be
92.34 	licensed to provide board if meals are being supplied to
92.35 	residents under a contract with a food vendor who is licensed by
92.36 	the Department of Health;
93.1 	(2) the residence is licensed by the commissioner of human
93.2 	services under Minnesota Rules, parts 9555.5050 to 9555.6265, or
93.3 	certified by a county human services agency prior to July 1,
93.4 	1992, using the standards under Minnesota Rules, parts 9555.5050
93.5 	to 9555.6265; or 
93.6 	(3) the establishment is registered under chapter 144D and
93.7 	provides three meals a day, except that or is an establishment
93.8 	voluntarily registered under section 144D.025is not eligible
93.9 	for an agreement to provide group residential housing as a
93.10 	supportive housing establishment; or 
93.11 	(4) an establishment voluntarily registered under section
93.12 	144D.025, other than a supportive housing establishment under
93.13 	clause (3), is not eligible to provide group residential housing.
93.14 	The requirements under clauses (1), (2), (3),and (3) (4) 
93.15 	do not apply to establishments exempt from state licensure
93.16 	because they are located on Indian reservations and subject to
93.17 	tribal health and safety requirements.

93.18 	Sec. 6. Minnesota Statutes 2004, section 256I.05, is
93.19 	amended by adding a subdivision to read:
93.20 		Subd. 1g.Supplementary service rate for certain
93.21 	facilities. On or after July 1, 2005, a county agency may
93.22 	negotiate a supplementary service rate for recipients of
93.23 	assistance under section 256I.04, subdivision 1, paragraph (b),
93.24 	who relocate from a homeless shelter licensed and registered
93.25 	prior to December 31, 1996, by the Minnesota Department of
93.26 	Health under section 157.17, to a supportive housing
93.27 	establishment developed and funded in whole or in part with
93.28 	funds provided specifically as part of the plan to end long-term
93.29 	homelessness required under Laws 2003, chapter 128, article 15,
93.30 	section 9, not to exceed $456.75.

93.31 	Sec. 7. Minnesota Statutes 2004, section 256J.626,
93.32 	subdivision 6, is amended to read:
93.33 		Subd. 6.Base allocation to counties and tribes;
93.34 	definitions.  (a) For purposes of this section, the following
93.35 	terms have the meanings given them:.
93.36 	(1) "2002 historic spending base" means the commissioner's
94.1 	determination of the sum of the reimbursement related to fiscal
94.2 	year 2002 of county or tribal agency expenditures for the base
94.3 	programs listed in clause (4) (6), items (i) through (iv), and
94.4 	earnings related to calendar year 2002 in the base program
94.5 	listed in clause (4) (6), item (v), and the amount of spending
94.6 	in fiscal year 2002 in the base program listed in
94.7 	clause (4) (6), item (vi), issued to or on behalf of persons
94.8 	residing in the county or tribal service delivery area.
94.9 	(2) "Adjusted caseload factor" means a factor weighted:
94.10 	(i) 47 percent on the MFIP cases in each county at four
94.11 	points in time in the most recent 12-month period for which data
94.12 	is available multiplied by the county's caseload difficulty
94.13 	factor; and 
94.14 	(ii) 53 percent on the count of adults on MFIP in each
94.15 	county and tribe at four points in time in the most recent
94.16 	12-month period for which data is available multiplied by the
94.17 	county or tribe's caseload difficulty factor.
94.18 	(3) "Caseload difficulty factor" means a factor determined
94.19 	by the commissioner for each county and tribe based upon the
94.20 	self-support index described in section 256J.751, subdivision 2,
94.21 	clause (7).
94.22 	(2) (4) "Initial allocation" means the amount potentially
94.23 	available to each county or tribe based on the formula in
94.24 	paragraphs (b) through (d) (h).
94.25 	(3) (5) "Final allocation" means the amount available to
94.26 	each county or tribe based on the formula in paragraphs (b)
94.27 	through (d) (h), after adjustment by subdivision 7.
94.28 	(4) (6) "Base programs" means the:
94.29 	(i) MFIP employment and training services under Minnesota
94.30 	Statutes 2002, section 256J.62, subdivision 1, in effect June
94.31 	30, 2002;
94.32 	(ii) bilingual employment and training services to refugees
94.33 	under Minnesota Statutes 2002, section 256J.62, subdivision 6,
94.34 	in effect June 30, 2002;
94.35 	(iii) work literacy language programs under Minnesota
94.36 	Statutes 2002, section 256J.62, subdivision 7, in effect June
95.1 	30, 2002;
95.2 	(iv) supported work program authorized in Laws 2001, First
95.3 	Special Session chapter 9, article 17, section 2, in effect June
95.4 	30, 2002;
95.5 	(v) administrative aid program under section 256J.76 in
95.6 	effect December 31, 2002; and
95.7 	(vi) emergency assistance program under Minnesota Statutes
95.8 	2002, section 256J.48, in effect June 30, 2002.
95.9 	(b) (1) Beginning July 1, 2003,The commissioner shall:
95.10 	(1) beginning July 1, 2003,determine the initial
95.11 	allocation of funds available under this section according to
95.12 	clause (2).;
95.13 	(2) allocate all of the funds available for the period
95.14 	beginning July 1, 2003, and ending December 31, 2004, shall be
95.15 	allocated to each county or tribe in proportion to the county's
95.16 	or tribe's share of the statewide 2002 historic spending base.;
95.17 	(c) (3) determine for calendar year 2005, the commissioner
95.18 	shall determine the initial allocation of funds to be made
95.19 	available under this section in proportion to the county or
95.20 	tribe's initial allocation for the period of July 1, 2003, to
95.21 	December 31, 2004.;
95.22 	(d) The formula under this subdivision sunsets December 31,
95.23 	2005.(4) determine for calendar year 2006 the initial
95.24 	allocation of funds to be made available under this section
95.25 	based 90 percent on the proportion of the county or tribe's
95.26 	share of the statewide 2002 historic spending base and ten
95.27 	percent on the proportion of the county or tribe's share of the
95.28 	adjusted caseload factor;
95.29 	(5) determine for calendar year 2007 the initial allocation
95.30 	of funds to be made available under this section based 70
95.31 	percent on the proportion of the county or tribe's share of the
95.32 	statewide 2002 historic spending base and 30 percent on the
95.33 	proportion of the county or tribe's share of the adjusted
95.34 	caseload factor; and 
95.35 	(6) determine for calendar year 2008 and subsequent years
95.36 	the initial allocation of funds to be made available under this
96.1 	section based 50 percent on the proportion of the county or
96.2 	tribe's share of the statewide 2002 historic spending base and
96.3 	50 percent on the proportion of the county or tribe's share of
96.4 	the adjusted caseload factor.
96.5 	(e) (c) With the commencement of a new or expanded tribal
96.6 	TANF program or an agreement under section 256.01, subdivision
96.7 	2, paragraph (g), in which some or all of the responsibilities
96.8 	of particular counties under this section are transferred to a
96.9 	tribe, the commissioner shall:
96.10 	(1) in the case where all responsibilities under this
96.11 	section are transferred to a tribal program, determine the
96.12 	percentage of the county's current caseload that is transferring
96.13 	to a tribal program and adjust the affected county's allocation
96.14 	accordingly; and
96.15 	(2) in the case where a portion of the responsibilities
96.16 	under this section are transferred to a tribal program, the
96.17 	commissioner shall consult with the affected county or counties
96.18 	to determine an appropriate adjustment to the allocation.
96.19 	(f) (d) Effective January 1, 2005, counties and tribes will
96.20 	have their final allocations adjusted based on the performance
96.21 	provisions of subdivision 7.

96.22 	Sec. 8. Minnesota Statutes 2004, section 256J.626,
96.23 	subdivision 7, is amended to read:
96.24 		Subd. 7.Performance base funds.  (a) Beginning calendar
96.25 	year 2005, each county and tribe will be allocated 95 percent of
96.26 	their initial calendar year allocation.  Counties and tribes
96.27 	will be allocated additional funds based on performance as
96.28 	follows:
96.29 	(1) for calendar year 2005, a county or tribe that achieves
96.30 	a 30 percent rate or higher on the MFIP participation rate under
96.31 	section 256J.751, subdivision 2, clause (8), as averaged across
96.32 	the four quarterly measurements for the most recent year for
96.33 	which the measurements are available, will receive an additional
96.34 	allocation equal to 2.5 percent of its initial allocation; and
96.35 	(2) for calendar year 2006, a county or tribe that achieves
96.36 	a 40 percent rate or a five percentage point improvement over
97.1 	the previous year's MFIP participation rate under section
97.2 	256J.751, subdivision 2, clause (8), as averaged across the four
97.3 	quarterly measurements for the most recent year for which the
97.4 	measurements are available, will receive an additional
97.5 	allocation equal to 2.5 percent of its initial allocation; and
97.6 	(3) for calendar year 2007, a county or tribe that achieves
97.7 	a 50 percent rate or a five percentage point improvement over
97.8 	the previous year's MFIP participation rate under section
97.9 	256J.751, subdivision 2, clause (8), as averaged across the four
97.10 	quarterly measurements for the most recent year for which the
97.11 	measurements are available, will receive an additional
97.12 	allocation equal to 2.5 percent of its initial allocation; and
97.13 	(4) for calendar year 2008 and yearly thereafter, a county
97.14 	or tribe that achieves a 50 percent MFIP participation rate
97.15 	under section 256J.751, subdivision 2, clause (8), as averaged
97.16 	across the four quarterly measurements for the most recent year
97.17 	for which the measurements are available, will receive an
97.18 	additional allocation equal to 2.5 percent of its initial
97.19 	allocation; and
97.20 	(5) for calendar years 2005 and thereafter, a county or
97.21 	tribe that performs above the top of its annualized range of
97.22 	expected performance on the three-year self-support index under
97.23 	section 256J.751, subdivision 2, clause (7), in both
97.24 	measurements in the preceding year will receive an additional
97.25 	allocation equal to five percent of its initial allocation; or
97.26 	(6) for calendar years 2005 and thereafter, a county or
97.27 	tribe that performs within its range of expected performance on
97.28 	the annualized three-year self-support index under section
97.29 	256J.751, subdivision 2, clause (7), in both measurements in the
97.30 	preceding year, or above the top of its range of expected
97.31 	performance in one measurement and within its expected range of
97.32 	performance in the other measurement,will receive an additional
97.33 	allocation equal to 2.5 percent of its initial allocation.
97.34 	(b) Performance-based funds for a federally approved tribal
97.35 	TANF program in which the state and tribe have in place a
97.36 	contract under section 256.01, addressing consolidated funding,
98.1 	will be allocated as follows:
98.2 	(1) for calendar year 2006 and yearly thereafter, a tribe
98.3 	that achieves the participation rate approved in its federal
98.4 	TANF plan using the average of four quarterly measurements for
98.5 	the most recent year for which the measurements are available,
98.6 	will receive an additional allocation equal to 2.5 percent of
98.7 	its initial allocation; and 
98.8 	(2) for calendar years 2006 and thereafter, a tribe that
98.9 	performs above the top of its annualized range of expected
98.10 	performance on the three-year self-support index under section
98.11 	256J.751, subdivision 2, clause (7), will receive an additional
98.12 	allocation equal to five percent of its initial allocation; or 
98.13 	(3) for calendar years 2006 and thereafter, a tribe that
98.14 	performs within its range of expected performance on the
98.15 	annualized three-year self-support index under section 256J.751,
98.16 	subdivision 2, clause (7), will receive an additional allocation
98.17 	equal to 2.5 percent of its initial allocation.
98.18 	(b) (c) Funds remaining unallocated after the
98.19 	performance-based allocations in paragraph (a) are available to
98.20 	the commissioner for innovation projects under subdivision 5.
98.21 	(c) (d) (1) If available funds are insufficient to meet
98.22 	county and tribal allocations under paragraph (a), the
98.23 	commissioner may make available for allocation funds that are
98.24 	unobligated and available from the innovation projects through
98.25 	the end of the current biennium.
98.26 	(2) If after the application of clause (1) funds remain
98.27 	insufficient to meet county and tribal allocations under
98.28 	paragraph (a), the commissioner must proportionally reduce the
98.29 	allocation of each county and tribe with respect to their
98.30 	maximum allocation available under paragraph (a).

98.31 	Sec. 9. Minnesota Statutes 2004, section 256J.626,
98.32 	subdivision 8, is amended to read:
98.33 		Subd. 8.Reporting requirement and reimbursement.  (a)
98.34 	The commissioner shall specify requirements for reporting
98.35 	according to section 256.01, subdivision 2, clause (17).  Each
98.36 	county or tribe shall be reimbursed for eligible expenditures up
99.1 	to the limit of its allocation and subject to availability of
99.2 	funds.
99.3 	(b) Reimbursements for county administrative-related
99.4 	expenditures determined through the income maintenance random
99.5 	moment time study shall be reimbursed at a rate of 50 percent of
99.6 	eligible expenditures.
99.7 	(c) The commissioner of human services shall review county
99.8 	and tribal agency expenditures of the MFIP consolidated fund as
99.9 	appropriate and may reallocate unencumbered or unexpended money
99.10 	appropriated under this section to those county and tribal
99.11 	agencies that can demonstrate a need for additional money.as
99.12 	follows:
99.13 	(1) to the extent that particular county or tribal
99.14 	allocations are reduced from the previous year's amount due to
99.15 	the phase-in under subdivision 6, paragraph (b), clauses (4) to
99.16 	(6), those tribes or counties would have first priority for
99.17 	reallocated funds; and 
99.18 	(2) to the extent that unexpended funds are insufficient to
99.19 	cover demonstrated need, funds will be prorated to those
99.20 	counties and tribes in relation to demonstrated need.

99.21 	Sec. 10. Minnesota Statutes 2004, section 256J.751,
99.22 	subdivision 2, is amended to read:
99.23 		Subd. 2.Quarterly comparison report.  The commissioner
99.24 	shall report quarterly to all counties on each county's
99.25 	performance on the following measures:
99.26 	(1) percent of MFIP caseload working in paid employment;
99.27 	(2) percent of MFIP caseload receiving only the food
99.28 	portion of assistance;
99.29 	(3) number of MFIP cases that have left assistance;
99.30 	(4) federal participation requirements as specified in
99.31 	Title 1 of Public Law 104-193;
99.32 	(5) median placement wage rate;
99.33 	(6) (5) caseload by months of TANF assistance;
99.34 	(7) (6) percent of MFIP and diversionary work program (DWP)
99.35 	cases off cash assistance or working 30 or more hours per week
99.36 	at one-year, two-year, and three-year follow-up points from a
100.1 	baseline quarter.  This measure is called the self-support
100.2 	index. Twice annually,The commissioner shall report quarterly 
100.3 	an expected range of performance for each county, county
100.4 	grouping, and tribe on the self-support index.  The expected
100.5 	range shall be derived by a statistical methodology developed by
100.6 	the commissioner in consultation with the counties and tribes.
100.7 	The statistical methodology shall control differences across
100.8 	counties in economic conditions and demographics of the MFIP and
100.9 	DWP case load; and
100.10 	(8) (7) the MFIP work participation rate, defined as the
100.11 	participation requirements specified in title 1 of Public Law
100.12 	104-193 applied to all MFIP cases except child only cases and
100.13 	cases exempt under section 256J.56.

100.14 	Sec. 11. Minnesota Statutes 2004, section 256J.751,
100.15 	subdivision 5, is amended to read:
100.16 		Subd. 5.Failure to meet federal performance standards.
 100.17 	(a) If sanctions occur for failure to meet the performance
100.18 	standards specified in title 1 of Public Law 104-193 of the
100.19 	Personal Responsibility and Work Opportunity Act of 1996, the
100.20 	state shall pay 88 percent of the sanction.  The remaining 12
100.21 	percent of the sanction will be paid by the counties.  The
100.22 	county portion of the sanction will be distributed across all
100.23 	counties in proportion to each county's percentage of the MFIP
100.24 	average monthly caseload during the period for which the
100.25 	sanction was applied.
100.26 	(b) If a county fails to meet the performance standards
100.27 	specified in title 1 of Public Law 104-193 of the Personal
100.28 	Responsibility and Work Opportunity Act of 1996 for any year,
100.29 	the commissioner shall work with counties to organize a joint
100.30 	state-county technical assistance team to work with the county.
100.31 	The commissioner shall coordinate any technical assistance with
100.32 	other departments and agencies including the Departments of
100.33 	Employment and Economic Development and Education as necessary
100.34 	to achieve the purpose of this paragraph.
100.35 	(c) For state performance measures, a low-performing county
100.36 	is one that:
101.1 	(1) performs below the bottom of their expected range for
101.2 	the measure in subdivision 2, clause (7), in both measurements
101.3 	during the an annualized measurement reported in October of each 
101.4 	year; or
101.5 	(2) performs below 40 percent for the measure in
101.6 	subdivision 2, clause (8), as averaged across the four quarterly
101.7 	measurements for the year, or the ten counties with the lowest
101.8 	rates if more than ten are below 40 percent.
101.9 	(d) Low-performing counties under paragraph (c) must engage
101.10 	in corrective action planning as defined by the commissioner.
101.11 	The commissioner may coordinate technical assistance as
101.12 	specified in paragraph (b) for low-performing counties under
101.13 	paragraph (c).

101.14 	Sec. 12. REPEALER.
 101.15 	Minnesota Rules, part 9500.1206, subparts 20, 26d, and 27,
101.16 	are repealed.