1.1 	A bill for an act
1.2 	relating to human services; changing child welfare, placement, and licensing 
1.3 	provisions;amending Minnesota Statutes 2006, sections 245A.035; 245A.16, 
1.4 	subdivisions 1, 3; 245C.02, by adding a subdivision; 245C.04, subdivision 1; 
1.5 	245C.05, subdivisions 1, 4, 5, 7, by adding a subdivision; 245C.08, subdivisions 
1.6 	1, 2; 245C.10, by adding a subdivision; 245C.11, subdivisions 1, 2; 245C.12; 
1.7 	245C.16, subdivision 1; 245C.17, by adding a subdivision; 245C.21, by adding a 
1.8 	subdivision; 245C.23, subdivision 2; 256.01, subdivision 2; 259.20, subdivision 
1.9 	2; 259.24, subdivision 3; 259.29, subdivision 1; 259.41; 259.53, subdivisions 
1.10 	1, 2; 259.57, subdivisions 1, 2; 259.67, subdivision 7; 259.75, subdivision 
1.11 	8; 260.012; 260.755, subdivisions 12, 20; 260.761, subdivision 7; 260.765, 
1.12 	subdivision 5; 260.771, subdivisions 1, 2; 260C.152, subdivision 5; 260C.163, 
1.13 	subdivision 1; 260C.201, subdivision 11; 260C.209; 260C.212, subdivisions 1, 2, 
1.14 	4; 260C.317, subdivision 3; 260C.331, subdivision 1; 626.556, subdivisions 10, 
1.15 	10a, 10f, by adding subdivisions; proposing coding for new law in Minnesota 
1.16 	Statutes, chapters 245C; 260; repealing Laws 1997, chapter 8, section 1; 
1.17 	Minnesota Rules, part 9560.0102, subpart 2, item C.
1.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19 	ARTICLE 1
1.20 	CHILD PLACEMENT AND WELFARE

1.21 	Section 1. Minnesota Statutes 2006, section 256.01, subdivision 2, is amended to read:
1.22 		Subd. 2.Specific powers. Subject to the provisions of section 241.021, subdivision 
1.23 	2, the commissioner of human services shall carry out the specific duties in paragraphs (a) 
1.24 	through (cc):
1.25 	(a) Administer and supervise all forms of public assistance provided for by state law 
1.26 	and other welfare activities or services as are vested in the commissioner. Administration 
1.27 	and supervision of human services activities or services includes, but is not limited to, 
1.28 	assuring timely and accurate distribution of benefits, completeness of service, and quality 
2.1 	program management. In addition to administering and supervising human services 
2.2 	activities vested by law in the department, the commissioner shall have the authority to:
2.3 	(1) require county agency participation in training and technical assistance programs 
2.4 	to promote compliance with statutes, rules, federal laws, regulations, and policies 
2.5 	governing human services;
2.6 	(2) monitor, on an ongoing basis, the performance of county agencies in the 
2.7 	operation and administration of human services, enforce compliance with statutes, rules, 
2.8 	federal laws, regulations, and policies governing welfare services and promote excellence 
2.9 	of administration and program operation;
2.10 	(3) develop a quality control program or other monitoring program to review county 
2.11 	performance and accuracy of benefit determinations;
2.12 	(4) require county agencies to make an adjustment to the public assistance benefits 
2.13 	issued to any individual consistent with federal law and regulation and state law and rule 
2.14 	and to issue or recover benefits as appropriate;
2.15 	(5) delay or deny payment of all or part of the state and federal share of benefits and 
2.16 	administrative reimbursement according to the procedures set forth in section 256.017;
2.17 	(6) make contracts with and grants to public and private agencies and organizations, 
2.18 	both profit and nonprofit, and individuals, using appropriated funds; and
2.19 	(7) enter into contractual agreements with federally recognized Indian tribes with 
2.20 	a reservation in Minnesota to the extent necessary for the tribe to operate a federally 
2.21 	approved family assistance program or any other program under the supervision of the 
2.22 	commissioner. The commissioner shall consult with the affected county or counties in 
2.23 	the contractual agreement negotiations, if the county or counties wish to be included, 
2.24 	in order to avoid the duplication of county and tribal assistance program services. The 
2.25 	commissioner may establish necessary accounts for the purposes of receiving and 
2.26 	disbursing funds as necessary for the operation of the programs.
2.27 	(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law, 
2.28 	regulation, and policy necessary to county agency administration of the programs.
2.29 	(c) Administer and supervise all child welfare activities; promote the enforcement of 
2.30 	laws protecting disabled, dependent, neglected and delinquent children, and children born 
2.31 	to mothers who were not married to the children's fathers at the times of the conception 
2.32 	nor at the births of the children; license and supervise child-caring and child-placing 
2.33 	agencies and institutions; supervise the care of children in boarding and foster homes or 
2.34 	in private institutions; and generally perform all functions relating to the field of child 
2.35 	welfare now vested in the State Board of Control.
3.1 	(d) Administer and supervise all noninstitutional service to disabled persons, 
3.2 	including those who are visually impaired, hearing impaired, or physically impaired 
3.3 	or otherwise disabled. The commissioner may provide and contract for the care and 
3.4 	treatment of qualified indigent children in facilities other than those located and available 
3.5 	at state hospitals when it is not feasible to provide the service in state hospitals.
3.6 	(e) Assist and actively cooperate with other departments, agencies and institutions, 
3.7 	local, state, and federal, by performing services in conformity with the purposes of Laws 
3.8 	1939, chapter 431.
3.9 	(f) Act as the agent of and cooperate with the federal government in matters of 
3.10 	mutual concern relative to and in conformity with the provisions of Laws 1939, chapter 
3.11 	431, including the administration of any federal funds granted to the state to aid in the 
3.12 	performance of any functions of the commissioner as specified in Laws 1939, chapter 431, 
3.13 	and including the promulgation of rules making uniformly available medical care benefits 
3.14 	to all recipients of public assistance, at such times as the federal government increases its 
3.15 	participation in assistance expenditures for medical care to recipients of public assistance, 
3.16 	the cost thereof to be borne in the same proportion as are grants of aid to said recipients.
3.17 	(g) Establish and maintain any administrative units reasonably necessary for the 
3.18 	performance of administrative functions common to all divisions of the department.
3.19 	(h) Act as designated guardian of both the estate and the person of all the wards of 
3.20 	the state of Minnesota, whether by operation of law or by an order of court, without any 
3.21 	further act or proceeding whatever, except as to persons committed as developmentally 
3.22 	disabled. For children under the guardianship of the commissioner or a tribe in Minnesota 
3.23 	recognized by the Secretary of the Interior whose interests would be best served by 
3.24 	adoptive placement, the commissioner may contract with a licensed child-placing agency 
3.25 	or a Minnesota tribal social services agency to provide adoption services. A contract 
3.26 	with a licensed child-placing agency must be designed to supplement existing county 
3.27 	efforts and may not replace existing county programs or tribal social services, unless the 
3.28 	replacement is agreed to by the county board and the appropriate exclusive bargaining 
3.29 	representative, tribal governing body, or the commissioner has evidence that child 
3.30 	placements of the county continue to be substantially below that of other counties. Funds 
3.31 	encumbered and obligated under an agreement for a specific child shall remain available 
3.32 	until the terms of the agreement are fulfilled or the agreement is terminated.
3.33 	(i) Act as coordinating referral and informational center on requests for service for 
3.34 	newly arrived immigrants coming to Minnesota.
3.35 	(j) The specific enumeration of powers and duties as hereinabove set forth shall in no 
3.36 	way be construed to be a limitation upon the general transfer of powers herein contained.
4.1 	(k) Establish county, regional, or statewide schedules of maximum fees and charges 
4.2 	which may be paid by county agencies for medical, dental, surgical, hospital, nursing and 
4.3 	nursing home care and medicine and medical supplies under all programs of medical 
4.4 	care provided by the state and for congregate living care under the income maintenance 
4.5 	programs.
4.6 	(l) Have the authority to conduct and administer experimental projects to test 
4.7 	methods and procedures of administering assistance and services to recipients or potential 
4.8 	recipients of public welfare. To carry out such experimental projects, it is further provided 
4.9 	that the commissioner of human services is authorized to waive the enforcement of 
4.10 	existing specific statutory program requirements, rules, and standards in one or more 
4.11 	counties. The order establishing the waiver shall provide alternative methods and 
4.12 	procedures of administration, shall not be in conflict with the basic purposes, coverage, or 
4.13 	benefits provided by law, and in no event shall the duration of a project exceed four years. 
4.14 	It is further provided that no order establishing an experimental project as authorized by 
4.15 	the provisions of this section shall become effective until the following conditions have 
4.16 	been met:
4.17 	(1) the secretary of health and human services of the United States has agreed, for 
4.18 	the same project, to waive state plan requirements relative to statewide uniformity; and
4.19 	(2) a comprehensive plan, including estimated project costs, shall be approved by 
4.20 	the Legislative Advisory Commission and filed with the commissioner of administration.
4.21 	(m) According to federal requirements, establish procedures to be followed by 
4.22 	local welfare boards in creating citizen advisory committees, including procedures for 
4.23 	selection of committee members.
4.24 	(n) Allocate federal fiscal disallowances or sanctions which are based on quality 
4.25 	control error rates for the aid to families with dependent children program formerly 
4.26 	codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the 
4.27 	following manner:
4.28 	(1) one-half of the total amount of the disallowance shall be borne by the county 
4.29 	boards responsible for administering the programs. For the medical assistance and the 
4.30 	AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be 
4.31 	shared by each county board in the same proportion as that county's expenditures for the 
4.32 	sanctioned program are to the total of all counties' expenditures for the AFDC program 
4.33 	formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the 
4.34 	food stamp program, sanctions shall be shared by each county board, with 50 percent of 
4.35 	the sanction being distributed to each county in the same proportion as that county's 
4.36 	administrative costs for food stamps are to the total of all food stamp administrative costs 
5.1 	for all counties, and 50 percent of the sanctions being distributed to each county in the 
5.2 	same proportion as that county's value of food stamp benefits issued are to the total of 
5.3 	all benefits issued for all counties. Each county shall pay its share of the disallowance 
5.4 	to the state of Minnesota. When a county fails to pay the amount due hereunder, the 
5.5 	commissioner may deduct the amount from reimbursement otherwise due the county, or 
5.6 	the attorney general, upon the request of the commissioner, may institute civil action 
5.7 	to recover the amount due; and
5.8 	(2) notwithstanding the provisions of clause (1), if the disallowance results from 
5.9 	knowing noncompliance by one or more counties with a specific program instruction, and 
5.10 	that knowing noncompliance is a matter of official county board record, the commissioner 
5.11 	may require payment or recover from the county or counties, in the manner prescribed in 
5.12 	clause (1), an amount equal to the portion of the total disallowance which resulted from the 
5.13 	noncompliance, and may distribute the balance of the disallowance according to clause (1).
5.14 	(o) Develop and implement special projects that maximize reimbursements and 
5.15 	result in the recovery of money to the state. For the purpose of recovering state money, 
5.16 	the commissioner may enter into contracts with third parties. Any recoveries that result 
5.17 	from projects or contracts entered into under this paragraph shall be deposited in the 
5.18 	state treasury and credited to a special account until the balance in the account reaches 
5.19 	$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be 
5.20 	transferred and credited to the general fund. All money in the account is appropriated to 
5.21 	the commissioner for the purposes of this paragraph.
5.22 	(p) Have the authority to make direct payments to facilities providing shelter 
5.23 	to women and their children according to section 256D.05, subdivision 3. Upon 
5.24 	the written request of a shelter facility that has been denied payments under section 
5.25 	256D.05, subdivision 3, the commissioner shall review all relevant evidence and make 
5.26 	a determination within 30 days of the request for review regarding issuance of direct 
5.27 	payments to the shelter facility. Failure to act within 30 days shall be considered a 
5.28 	determination not to issue direct payments.
5.29 	(q) Have the authority to establish and enforce the following county reporting 
5.30 	requirements:
5.31 	(1) the commissioner shall establish fiscal and statistical reporting requirements 
5.32 	necessary to account for the expenditure of funds allocated to counties for human 
5.33 	services programs. When establishing financial and statistical reporting requirements, the 
5.34 	commissioner shall evaluate all reports, in consultation with the counties, to determine if 
5.35 	the reports can be simplified or the number of reports can be reduced;
6.1 	(2) the county board shall submit monthly or quarterly reports to the department 
6.2 	as required by the commissioner. Monthly reports are due no later than 15 working days 
6.3 	after the end of the month. Quarterly reports are due no later than 30 calendar days after 
6.4 	the end of the quarter, unless the commissioner determines that the deadline must be 
6.5 	shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines 
6.6 	or risking a loss of federal funding. Only reports that are complete, legible, and in the 
6.7 	required format shall be accepted by the commissioner;
6.8 	(3) if the required reports are not received by the deadlines established in clause (2), 
6.9 	the commissioner may delay payments and withhold funds from the county board until 
6.10 	the next reporting period. When the report is needed to account for the use of federal 
6.11 	funds and the late report results in a reduction in federal funding, the commissioner shall 
6.12 	withhold from the county boards with late reports an amount equal to the reduction in 
6.13 	federal funding until full federal funding is received;
6.14 	(4) a county board that submits reports that are late, illegible, incomplete, or not 
6.15 	in the required format for two out of three consecutive reporting periods is considered 
6.16 	noncompliant. When a county board is found to be noncompliant, the commissioner 
6.17 	shall notify the county board of the reason the county board is considered noncompliant 
6.18 	and request that the county board develop a corrective action plan stating how the 
6.19 	county board plans to correct the problem. The corrective action plan must be submitted 
6.20 	to the commissioner within 45 days after the date the county board received notice 
6.21 	of noncompliance;
6.22 	(5) the final deadline for fiscal reports or amendments to fiscal reports is one year 
6.23 	after the date the report was originally due. If the commissioner does not receive a report 
6.24 	by the final deadline, the county board forfeits the funding associated with the report for 
6.25 	that reporting period and the county board must repay any funds associated with the 
6.26 	report received for that reporting period;
6.27 	(6) the commissioner may not delay payments, withhold funds, or require repayment 
6.28 	under clause (3) or (5) if the county demonstrates that the commissioner failed to 
6.29 	provide appropriate forms, guidelines, and technical assistance to enable the county to 
6.30 	comply with the requirements. If the county board disagrees with an action taken by the 
6.31 	commissioner under clause (3) or (5), the county board may appeal the action according 
6.32 	to sections 14.57 to 14.69; and
6.33 	(7) counties subject to withholding of funds under clause (3) or forfeiture or 
6.34 	repayment of funds under clause (5) shall not reduce or withhold benefits or services to 
6.35 	clients to cover costs incurred due to actions taken by the commissioner under clause 
6.36 	(3) or (5).
7.1 	(r) Allocate federal fiscal disallowances or sanctions for audit exceptions when 
7.2 	federal fiscal disallowances or sanctions are based on a statewide random sample for 
7.3 	the foster care program under title IV-E of the Social Security Act, United States Code, 
7.4 	title 42, in direct proportion to each county's title IV-E foster care maintenance claim 
7.5 	for that period.
7.6 	(s) Be responsible for ensuring the detection, prevention, investigation, and 
7.7 	resolution of fraudulent activities or behavior by applicants, recipients, and other 
7.8 	participants in the human services programs administered by the department.
7.9 	(t) Require county agencies to identify overpayments, establish claims, and utilize 
7.10 	all available and cost-beneficial methodologies to collect and recover these overpayments 
7.11 	in the human services programs administered by the department.
7.12 	(u) Have the authority to administer a drug rebate program for drugs purchased 
7.13 	pursuant to the prescription drug program established under section 256.955 after the 
7.14 	beneficiary's satisfaction of any deductible established in the program. The commissioner 
7.15 	shall require a rebate agreement from all manufacturers of covered drugs as defined in 
7.16 	section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on 
7.17 	or after July 1, 2002, must include rebates for individuals covered under the prescription 
7.18 	drug program who are under 65 years of age. For each drug, the amount of the rebate shall 
7.19 	be equal to the rebate as defined for purposes of the federal rebate program in United 
7.20 	States Code, title 42, section 1396r-8. The manufacturers must provide full payment 
7.21 	within 30 days of receipt of the state invoice for the rebate within the terms and conditions 
7.22 	used for the federal rebate program established pursuant to section 1927 of title XIX of 
7.23 	the Social Security Act. The manufacturers must provide the commissioner with any 
7.24 	information necessary to verify the rebate determined per drug. The rebate program shall 
7.25 	utilize the terms and conditions used for the federal rebate program established pursuant to 
7.26 	section 1927 of title XIX of the Social Security Act.
7.27 	(v) Have the authority to administer the federal drug rebate program for drugs 
7.28 	purchased under the medical assistance program as allowed by section 1927 of title XIX 
7.29 	of the Social Security Act and according to the terms and conditions of section 1927. 
7.30 	Rebates shall be collected for all drugs that have been dispensed or administered in an 
7.31 	outpatient setting and that are from manufacturers who have signed a rebate agreement 
7.32 	with the United States Department of Health and Human Services.
7.33 	(w) Have the authority to administer a supplemental drug rebate program for drugs 
7.34 	purchased under the medical assistance program. The commissioner may enter into 
7.35 	supplemental rebate contracts with pharmaceutical manufacturers and may require prior 
7.36 	authorization for drugs that are from manufacturers that have not signed a supplemental 
8.1 	rebate contract. Prior authorization of drugs shall be subject to the provisions of section 
8.2 	256B.0625, subdivision 13.
8.3 	(x) Operate the department's communication systems account established in Laws 
8.4 	1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared 
8.5 	communication costs necessary for the operation of the programs the commissioner 
8.6 	supervises. A communications account may also be established for each regional 
8.7 	treatment center which operates communications systems. Each account must be used 
8.8 	to manage shared communication costs necessary for the operations of the programs the 
8.9 	commissioner supervises. The commissioner may distribute the costs of operating and 
8.10 	maintaining communication systems to participants in a manner that reflects actual usage. 
8.11 	Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and 
8.12 	other costs as determined by the commissioner. Nonprofit organizations and state, county, 
8.13 	and local government agencies involved in the operation of programs the commissioner 
8.14 	supervises may participate in the use of the department's communications technology and 
8.15 	share in the cost of operation. The commissioner may accept on behalf of the state any 
8.16 	gift, bequest, devise or personal property of any kind, or money tendered to the state for 
8.17 	any lawful purpose pertaining to the communication activities of the department. Any 
8.18 	money received for this purpose must be deposited in the department's communication 
8.19 	systems accounts. Money collected by the commissioner for the use of communication 
8.20 	systems must be deposited in the state communication systems account and is appropriated 
8.21 	to the commissioner for purposes of this section.
8.22 	(y) Receive any federal matching money that is made available through the medical 
8.23 	assistance program for the consumer satisfaction survey. Any federal money received for 
8.24 	the survey is appropriated to the commissioner for this purpose. The commissioner may 
8.25 	expend the federal money received for the consumer satisfaction survey in either year of 
8.26 	the biennium.
8.27 	(z) Designate community information and referral call centers and incorporate 
8.28 	cost reimbursement claims from the designated community information and referral 
8.29 	call centers into the federal cost reimbursement claiming processes of the department 
8.30 	according to federal law, rule, and regulations. Existing information and referral centers 
8.31 	provided by Greater Twin Cities United Way or existing call centers for which Greater 
8.32 	Twin Cities United Way has legal authority to represent, shall be included in these 
8.33 	designations upon review by the commissioner and assurance that these services are 
8.34 	accredited and in compliance with national standards. Any reimbursement is appropriated 
8.35 	to the commissioner and all designated information and referral centers shall receive 
8.36 	payments according to normal department schedules established by the commissioner 
9.1 	upon final approval of allocation methodologies from the United States Department of 
9.2 	Health and Human Services Division of Cost Allocation or other appropriate authorities.
9.3 	(aa) Develop recommended standards for foster care homes that address the 
9.4 	components of specialized therapeutic services to be provided by foster care homes with 
9.5 	those services.
9.6 	(bb) Authorize the method of payment to or from the department as part of the 
9.7 	human services programs administered by the department. This authorization includes the 
9.8 	receipt or disbursement of funds held by the department in a fiduciary capacity as part of 
9.9 	the human services programs administered by the department.
9.10 	(cc) Have the authority to administer a drug rebate program for drugs purchased for 
9.11 	persons eligible for general assistance medical care under section 256D.03, subdivision 3. 
9.12 	For manufacturers that agree to participate in the general assistance medical care rebate 
9.13 	program, the commissioner shall enter into a rebate agreement for covered drugs as 
9.14 	defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the 
9.15 	rebate shall be equal to the rebate as defined for purposes of the federal rebate program in 
9.16 	United States Code, title 42, section 1396r-8. The manufacturers must provide payment 
9.17 	within the terms and conditions used for the federal rebate program established under 
9.18 	section 1927 of title XIX of the Social Security Act. The rebate program shall utilize 
9.19 	the terms and conditions used for the federal rebate program established under section 
9.20 	1927 of title XIX of the Social Security Act.
9.21 	Effective January 1, 2006, drug coverage under general assistance medical care shall 
9.22 	be limited to those prescription drugs that:
9.23 	(1) are covered under the medical assistance program as described in section 
9.24 	256B.0625, subdivisions 13 and 13d; and
9.25 	(2) are provided by manufacturers that have fully executed general assistance 
9.26 	medical care rebate agreements with the commissioner and comply with such agreements. 
9.27 	Prescription drug coverage under general assistance medical care shall conform to 
9.28 	coverage under the medical assistance program according to section 256B.0625, 
9.29 	subdivisions 13 to 13g.
9.30 	The rebate revenues collected under the drug rebate program are deposited in the 
9.31 	general fund.

9.32 	Sec. 2. Minnesota Statutes 2006, section 259.24, subdivision 3, is amended to read:
9.33 		Subd. 3.Child. When the child to be adopted is over 14 years of age, the child's 
9.34 	written consent to adoption by a particular person is also shall be necessary. A child 
9.35 	of any age who is under the guardianship of the commissioner and is legally available 
10.1 	for adoption may not refuse or waive the commissioner's agent's exhaustive efforts to 
10.2 	recruit, identify, and place the child in an adoptive home required under section 260C.317, 
10.3 	subdivision 3, paragraph (b), or sign a document relieving county social services agencies 
10.4 	of all recruitment efforts on the child's behalf.

10.5 	Sec. 3. Minnesota Statutes 2006, section 259.53, subdivision 1, is amended to read:
10.6 		Subdivision 1.Notice to commissioner; referral for postplacement assessment.
 10.7 	(a) Upon the filing of a petition for adoption of a child who is:
10.8 	(1) under the guardianship of the commissioner or a licensed child-placing agency 
10.9 	according to section 260C.201, subdivision 11, or 260C.317;
10.10 	(2) placed by the commissioner, commissioner's agent, or licensed child-placing 
10.11 	agency after a consent to adopt according to section 259.24 or under an agreement 
10.12 	conferring authority to place for adoption according to section 259.25; or
10.13 	(3) placed by preadoptive custody order for a direct adoptive placement ordered 
10.14 	by the district court under section 259.47,
10.15 	the court administrator shall immediately transmit a copy of the petition to the 
10.16 	commissioner of human services.
10.17 	(b) The court shall immediately refer the petition to the agency specified below for 
10.18 	completion of a postplacement assessment and report as required by subdivision 2.
10.19 	(1) If the child to be adopted has been committed to the guardianship of the 
10.20 	commissioner or an agency under section 260C.317 or an agency has been given authority 
10.21 	to place the child under section 259.25, the court shall refer the petition to that agency, 
10.22 	unless another agency is supervising the placement, in which case the court shall refer the 
10.23 	petition to the supervising agency. 
10.24 	(2) If the child to be adopted has been placed in the petitioner's home by a direct 
10.25 	adoptive placement, the court shall refer the petition to the agency supervising the 
10.26 	placement under section 259.47, subdivision 3, paragraph (a), clause (6). 
10.27 	(3) If the child is to be adopted by an individual who is related to the child as defined 
10.28 	by section 245A.02, subdivision 13, and in all other instances not described in clause (1) 
10.29 	or (2), the court shall refer the petition to the local social services agency of the county in 
10.30 	which the prospective adoptive parent lives. 

10.31 	Sec. 4. Minnesota Statutes 2006, section 259.57, subdivision 1, is amended to read:
10.32 		Subdivision 1.Findings; orders. Upon the hearing,
10.33 	(a) if the court finds that it is in the best interests of the child that the petition 
10.34 	be granted, a decree of adoption shall be made and recorded in the office of the court 
11.1 	administrator, ordering that henceforth the child shall be the child of the petitioner. In the 
11.2 	decree the court may change the name of the child if desired. After the decree is granted
11.3 	for a child who is:
11.4 	(1) under the guardianship of the commissioner or a licensed child-placing agency 
11.5 	according to section 260C.201, subdivision 11, or 260C.317;
11.6 	(2) placed by the commissioner, commissioner's agent, or licensed child-placing 
11.7 	agency after a consent to adopt according to section 259.24 or under an agreement 
11.8 	conferring authority to place for adoption according to section 259.25; or
11.9 	(3) adopted after a direct adoptive placement ordered by the district court under 
11.10 	section 259.47,
11.11 	the court administrator shall immediately mail a copy of the recorded decree to the 
11.12 	commissioner of human services;
11.13 	(b) if the court is not satisfied that the proposed adoption is in the best interests 
11.14 	of the child, the court shall deny the petition, and shall order the child returned to the 
11.15 	custody of the person or agency legally vested with permanent custody or certify the 
11.16 	case for appropriate action and disposition to the court having jurisdiction to determine 
11.17 	the custody and guardianship of the child.

11.18 	Sec. 5. Minnesota Statutes 2006, section 259.67, subdivision 7, is amended to read:
11.19 		Subd. 7.Reimbursement of costs. (a) Subject to rules of the commissioner, and 
11.20 	the provisions of this subdivision a child-placing agency licensed in Minnesota or any 
11.21 	other state, or local or tribal social services agency shall receive a reimbursement from the 
11.22 	commissioner equal to 100 percent of the reasonable and appropriate cost of providing 
11.23 	adoption services for a child certified as eligible for adoption assistance under subdivision 
11.24 	4. Such assistance. Adoption services under this subdivision may include adoptive family 
11.25 	recruitment, counseling, and special training when needed. 
11.26 	(b) An eligible child must have a goal of adoption, which may include an adoption 
11.27 	in accordance with tribal law, and meet one of the following criteria: 
11.28 	(1) is a ward of the commissioner of human services or a ward of tribal court 
11.29 	pursuant to section 260.755, subdivision 12, who meets one of the criteria in subdivision 
11.30 	4, paragraph (b), clause (1), (2), or (3); or 
11.31 	(2) is under the guardianship of a Minnesota-licensed child-placing agency who 
11.32 	meets one of the criteria in subdivision 4, paragraph (b), clause (1) or (2).
11.33 	(c) A child-placing agency licensed in Minnesota or any other state shall receive 
11.34 	reimbursement for adoption services it purchases for or directly provides to an eligible 
11.35 	child. Tribal social services shall receive reimbursement for adoption services it purchases 
12.1 	for or directly provides to an eligible child. A local or tribal social services agency shall 
12.2 	receive such reimbursement only for adoption services it purchases for an eligible child.
12.3 	A child-placing agency licensed in Minnesota or any other state or local or tribal 
12.4 	social services agency seeking reimbursement under this subdivision shall enter into 
12.5 	 Before providing adoption services for which reimbursement will be sought under this 
12.6 	subdivision, a reimbursement agreement, on the designated format, must be entered into 
12.7 	 with the commissioner before providing adoption services for which reimbursement 
12.8 	is sought. No reimbursement under this subdivision shall be made to an agency for 
12.9 	services provided prior to entering a reimbursement agreement. Separate reimbursement 
12.10 	agreements shall be made for each child and separate records shall be kept on each child 
12.11 	for whom a reimbursement agreement is made. The commissioner of human services shall 
12.12 	agree that the reimbursement costs are reasonable and appropriate. The commissioner 
12.13 	may spend up to $16,000 for each purchase of service agreement. Only one agreement per 
12.14 	child is allowed, unless an exception is granted by the commissioner. Funds encumbered 
12.15 	and obligated under such an agreement for the child remain available until the terms of 
12.16 	the agreement are fulfilled or the agreement is terminated.
12.17 	(c) When a local or tribal social services agency uses a purchase of service agreement 
12.18 	to provide services reimbursable under a reimbursement agreement, The commissioner 
12.19 	may shall make reimbursement payments directly to the agency providing the service if 
12.20 	direct reimbursement is specified by the purchase of service agreement, and if the request 
12.21 	for reimbursement is submitted by the local or tribal social services agency along with a 
12.22 	verification that the service was provided.

12.23 	Sec. 6. Minnesota Statutes 2006, section 259.75, subdivision 8, is amended to read:
12.24 		Subd. 8.Reasons for deferral. Deferral of the listing of a child with the state 
12.25 	adoption exchange shall be only for one or more of the following reasons:
12.26 	(a) the child is in an adoptive placement but is not legally adopted;
12.27 	(b) the child's foster parents or other individuals are now considering adoption;
12.28 	(c) diagnostic study or testing is required to clarify the child's problem and provide 
12.29 	an adequate description; or
12.30 	(d) the child is currently in a hospital and continuing need for daily professional care 
12.31 	will not permit placement in a family setting; or.
12.32 	(e) the child is 14 years of age or older and will not consent to an adoption plan.
12.33 	Approval of a request to defer listing for any of the reasons specified in paragraph (b) or 
12.34 	(c) shall be valid for a period not to exceed 90 days, with no subsequent deferrals for 
12.35 	those reasons.

13.1 	Sec. 7. Minnesota Statutes 2006, section 260.012, is amended to read:
13.2 	260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
13.3 	REUNIFICATION; REASONABLE EFFORTS.
13.4 	(a) Once a child alleged to be in need of protection or services is under the court's 
13.5 	jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 
13.6 	services, by the social services agency are made to prevent placement or to eliminate the 
13.7 	need for removal and to reunite the child with the child's family at the earliest possible 
13.8 	time, and when a child cannot be reunified with the parent or guardian from whom the 
13.9 	child was removed, the court must ensure that the responsible social services agency 
13.10 	makes reasonable efforts to finalize an alternative permanent plan for the child as provided 
13.11 	in paragraph (e). In determining reasonable efforts to be made with respect to a child and 
13.12 	in making those reasonable efforts, the child's best interests, health, and safety must be of 
13.13 	paramount concern. Reasonable efforts to prevent placement and for rehabilitation and 
13.14 	reunification are always required except upon a determination by the court that a petition 
13.15 	has been filed stating a prima facie case that:
13.16 	(1) the parent has subjected a child to egregious harm as defined in section 
13.17 	260C.007, subdivision 14;
13.18 	(2) the parental rights of the parent to another child have been terminated 
13.19 	involuntarily;
13.20 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, 
13.21 	paragraph (a), clause (2);
13.22 	(4) the parent's custodial rights to another child have been involuntarily transferred 
13.23 	to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar 
13.24 	law of another jurisdiction; or
13.25 	(5) the provision of services or further services for the purpose of reunification is 
13.26 	futile and therefore unreasonable under the circumstances.
13.27 	(b) When the court makes one of the prima facie determinations under paragraph (a), 
13.28 	either permanency pleadings under section 260C.201, subdivision 11, or a termination 
13.29 	of parental rights petition under sections 260C.141 and 260C.301 must be filed. A 
13.30 	permanency hearing under section 260C.201, subdivision 11, must be held within 30 
13.31 	days of this determination.
13.32 	(c) In the case of an Indian child, in proceedings under sections 260B.178 or 
13.33 	260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions 
13.34 	consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 
13.35 	1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child 
13.36 	Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social 
14.1 	services agency must provide active efforts as required under United States Code, title 
14.2 	25, section 1911(d).
14.3 	(d) "Reasonable efforts to prevent placement" means:
14.4 	(1) the agency has made reasonable efforts to prevent the placement of the child in 
14.5 	foster care; or
14.6 	(2) given the particular circumstances of the child and family at the time of the 
14.7 	child's removal, there are no services or efforts available which could allow the child to 
14.8 	safely remain in the home.
14.9 	(e) "Reasonable efforts to finalize a permanent plan for the child" means due 
14.10 	diligence by the responsible social services agency to:
14.11 	(1) reunify the child with the parent or guardian from whom the child was removed;
14.12 	(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 
14.13 	where appropriate, provide services necessary to enable the noncustodial parent to safely 
14.14 	provide the care, as required by section 260C.212, subdivision 4;
14.15 	(3) conduct a relative search as required under section 260C.212, subdivision 5; and
14.16 	(4) when the child cannot return to the parent or guardian from whom the child was 
14.17 	removed, to plan for and finalize a safe and legally permanent alternative home for the 
14.18 	child, and considers permanent alternative homes for the child inside or outside of the 
14.19 	state, preferably through adoption or transfer of permanent legal and physical custody of 
14.20 	the child.
14.21 	(f) Reasonable efforts are made upon the exercise of due diligence by the responsible 
14.22 	social services agency to use culturally appropriate and available services to meet the 
14.23 	needs of the child and the child's family. Services may include those provided by the 
14.24 	responsible social services agency and other culturally appropriate services available in 
14.25 	the community. At each stage of the proceedings where the court is required to review 
14.26 	the appropriateness of the responsible social services agency's reasonable efforts as 
14.27 	described in paragraphs (a), (d), and (e), the social services agency has the burden of 
14.28 	demonstrating that:
14.29 	(1) it has made reasonable efforts to prevent placement of the child in foster care;
14.30 	(2) it has made reasonable efforts to eliminate the need for removal of the child from 
14.31 	the child's home and to reunify the child with the child's family at the earliest possible time;
14.32 	(3) it has made reasonable efforts to finalize an alternative permanent home for 
14.33 	the child, and considers permanent alternative homes for the child inside or outside of 
14.34 	the state; or
14.35 	(4) reasonable efforts to prevent placement and to reunify the child with the parent 
14.36 	or guardian are not required. The agency may meet this burden by stating facts in a sworn 
15.1 	petition filed under section 260C.141, by filing an affidavit summarizing the agency's 
15.2 	reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 
15.3 	efforts to reunify the parent and child, or through testimony or a certified report required 
15.4 	under juvenile court rules.
15.5 	(g) Once the court determines that reasonable efforts for reunification are not 
15.6 	required because the court has made one of the prima facie determinations under paragraph 
15.7 	(a), the court may only require reasonable efforts for reunification after a hearing according 
15.8 	to section 260C.163, where the court finds there is not clear and convincing evidence of 
15.9 	the facts upon which the court based its prima facie determination. In this case when there 
15.10 	is clear and convincing evidence that the child is in need of protection or services, the 
15.11 	court may find the child in need of protection or services and order any of the dispositions 
15.12 	available under section 260C.201, subdivision 1. Reunification of a surviving child with a 
15.13 	parent is not required if the parent has been convicted of:
15.14 	(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 
15.15 	609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the 
15.16 	parent;
15.17 	(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the 
15.18 	surviving child; or
15.19 	(3) a violation of, or an attempt or conspiracy to commit a violation of, United States 
15.20 	Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.
15.21 	(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178, 
15.22 	260C.201, and 260C.301 shall make findings and conclusions as to the provision of 
15.23 	reasonable efforts. When determining whether reasonable efforts have been made, the 
15.24 	court shall consider whether services to the child and family were:
15.25 	(1) relevant to the safety and protection of the child;
15.26 	(2) adequate to meet the needs of the child and family;
15.27 	(3) culturally appropriate;
15.28 	(4) available and accessible;
15.29 	(5) consistent and timely; and
15.30 	(6) realistic under the circumstances.
15.31 	In the alternative, the court may determine that provision of services or further 
15.32 	services for the purpose of rehabilitation is futile and therefore unreasonable under the 
15.33 	circumstances or that reasonable efforts are not required as provided in paragraph (a).
15.34 	(i) This section does not prevent out-of-home placement for treatment of a child with 
15.35 	a mental disability when the child's diagnostic assessment or individual treatment plan 
16.1 	indicates that appropriate and necessary treatment cannot be effectively provided outside 
16.2 	of a residential or inpatient treatment program.
16.3 	(j) If continuation of reasonable efforts to prevent placement or reunify the child 
16.4 	with the parent or guardian from whom the child was removed is determined by the court 
16.5 	to be inconsistent with the permanent plan for the child or upon the court making one of 
16.6 	the prima facie determinations under paragraph (a), reasonable efforts must be made to 
16.7 	place the child in a timely manner in a safe and permanent home and to complete whatever 
16.8 	steps are necessary to legally finalize the permanent placement of the child.
16.9 	(k) Reasonable efforts to place a child for adoption or in another permanent 
16.10 	placement may be made concurrently with reasonable efforts to prevent placement or to 
16.11 	reunify the child with the parent or guardian from whom the child was removed. When 
16.12 	the responsible social services agency decides to concurrently make reasonable efforts for 
16.13 	both reunification and permanent placement away from the parent under paragraph (a), the 
16.14 	agency shall disclose its decision and both plans for concurrent reasonable efforts to all 
16.15 	parties and the court. When the agency discloses its decision to proceed on both plans for 
16.16 	reunification and permanent placement away from the parent, the court's review of the 
16.17 	agency's reasonable efforts shall include the agency's efforts under both plans.

16.18 	Sec. 8. Minnesota Statutes 2006, section 260.755, subdivision 12, is amended to read:
16.19 		Subd. 12.Indian tribe. "Indian tribe" means an Indian tribe, band, nation, or 
16.20 	other organized group or community of Indians recognized as eligible for the services 
16.21 	provided to Indians by the secretary because of their status as Indians, including any band
16.22 	Native group under the Alaska Native Claims Settlement Act, United States Code, title 43, 
16.23 	section 1602, and exercising tribal governmental powers.

16.24 	Sec. 9. Minnesota Statutes 2006, section 260.755, subdivision 20, is amended to read:
16.25 		Subd. 20.Tribal court. "Tribal court" means a court with federally recognized
16.26 	jurisdiction over child custody proceedings and which is either a court of Indian offenses, 
16.27 	or a court established and operated under the code or custom of an Indian tribe, or the
16.28 	any other administrative body of a tribe which is vested with authority over child custody 
16.29 	proceedings. Except as provided in section 260.771, subdivision 5, nothing in this chapter 
16.30 	shall be construed as conferring jurisdiction on an Indian tribe. 

16.31 	Sec. 10. Minnesota Statutes 2006, section 260.761, subdivision 7, is amended to read:
17.1 		Subd. 7.Identification of extended family members. Any agency considering 
17.2 	placement of an Indian child shall make reasonable active efforts to identify and locate 
17.3 	extended family members.

17.4 	Sec. 11. Minnesota Statutes 2006, section 260.765, subdivision 5, is amended to read:
17.5 		Subd. 5.Identification of extended family members. Any agency considering 
17.6 	placement of an Indian child shall make reasonable active efforts to identify and locate 
17.7 	extended family members.

17.8 	Sec. 12. Minnesota Statutes 2006, section 260.771, subdivision 1, is amended to read:
17.9 		Subdivision 1.Indian tribe jurisdiction. An Indian tribe with a tribal court has 
17.10 	exclusive jurisdiction over a child placement proceeding involving an Indian child who 
17.11 	resides or is domiciled within the reservation of such the tribe at the commencement of 
17.12 	the proceedings, except where jurisdiction is otherwise vested in the state by existing 
17.13 	federal law. When an Indian child is in the legal custody of a person or agency pursuant 
17.14 	to an order of a ward of the tribal court, the Indian tribe retains exclusive jurisdiction, 
17.15 	notwithstanding the residence or domicile of the child.

17.16 	Sec. 13. Minnesota Statutes 2006, section 260.771, subdivision 2, is amended to read:
17.17 		Subd. 2.Court determination of tribal affiliation of child. In any child placement 
17.18 	proceeding, the court shall establish whether an Indian child is involved and the identity 
17.19 	of the Indian child's tribe. This chapter and the federal Indian Child Welfare Act are 
17.20 	applicable without exception in any child custody proceeding, as defined in the federal act, 
17.21 	involving an Indian child. This chapter applies to child custody proceedings involving 
17.22 	an Indian child whether the child is in the physical or legal custody of an Indian parent, 
17.23 	Indian custodian, Indian extended family member, or other person at the commencement 
17.24 	of the proceedings. A court shall not determine the applicability of this chapter or the 
17.25 	federal Indian Child Welfare Act to a child custody proceeding based upon whether an 
17.26 	Indian child is part of an existing Indian family or based upon the level of contact a child 
17.27 	has with the child's Indian tribe, reservation, society, or off-reservation community.

17.28 	Sec. 14. [260.852] PLACEMENT PROCEDURES.
17.29 		Subdivision 1.Home study. The state must have procedures for the orderly and 
17.30 	timely interstate placement of children that are implemented in accordance with an 
17.31 	interstate compact and that, within 60 days after the state receives from another state a 
17.32 	request to conduct a study of a home environment for purposes of assessing the safety 
18.1 	and suitability of placing a child in the home, the state shall, directly or by contract, 
18.2 	conduct and complete a home study and return to the other state a report on the results of 
18.3 	the study, which shall address the extent to which placement in the home would meet the 
18.4 	needs of the child; except in the case of a home study begun before October 1, 2008, if the 
18.5 	state fails to comply with conducting and completing the home study within the 60-day 
18.6 	period and this is as a result of circumstances beyond the control of the state, the state has 
18.7 	75 days to comply if the state documents the circumstances involved and certifies that 
18.8 	completing the home study is in the best interests of the child. 
18.9 	This subdivision does not require the completion within the applicable period of 
18.10 	the parts of the home study involving the education and training of the prospective foster 
18.11 	or adoptive parents.
18.12 		Subd. 2.Effect of received report. The state shall treat any report described in 
18.13 	subdivision 1 that is received from another state, an Indian tribe, or a private agency 
18.14 	under contract with another state or Indian tribe as meeting any requirements imposed by 
18.15 	the state for the completion of a home study before placing a child in the home, unless, 
18.16 	within 14 days after receipt of the report, the state determines, based on grounds that 
18.17 	are specific to the content of the report, that making a decision in reliance on the report 
18.18 	would be contrary to the welfare of the child.
18.19 		Subd. 3.Resources. The state shall make effective use of cross-jurisdictional 
18.20 	resources including through contract for the purchase of services and shall eliminate legal 
18.21 	barriers to facilitate timely adoptive or permanent placements for waiting children. The 
18.22 	state shall not impose any restriction on the use of private agencies for the purpose of 
18.23 	conducting a home study to meet the 60-day requirement.
18.24 		Subd. 4.Incentive eligibility. Minnesota is an incentive-eligible state and must:
18.25 	(1) have an approved plan as required by the United States Secretary of Health 
18.26 	and Human Services;
18.27 	(2) be in compliance with the data requirements of the United States Department of 
18.28 	Health and Human Services; and
18.29 	(3) have data that verify that a home study is completed within 30 days.
18.30 		Subd. 5.Data requirements. The state shall provide to the United States Secretary 
18.31 	of Health and Human Services a written report, covering the preceding fiscal year, that 
18.32 	specifies:
18.33 	(1) the total number of interstate home studies requested by the state with respect to 
18.34 	children in foster care under the responsibility of the state, and with respect to each such 
18.35 	study, the identity of the other state involved;
19.1 	(2) the total number of timely interstate home studies completed by the state with 
19.2 	respect to children in foster care under the responsibility of other states and, with respect 
19.3 	to each such study, the identity of the other state involved; and
19.4 	(3) other information the United States Secretary of Health and Human Services 
19.5 	requires in order to determine whether Minnesota is a home study incentive-eligible state.
19.6 		Subd. 6.Definitions. (a) The definitions in this subdivision apply to this section.
19.7 	(b) "Home study" means an evaluation of a home environment conducted in 
19.8 	accordance with applicable requirements of the state in which the home is located, to 
19.9 	determine whether a proposed placement of a child would meet the individual needs of the 
19.10 	child, including the child's safety, permanency, health, well-being, and mental, emotional, 
19.11 	and physical development.
19.12 	(c) "Interstate home study" means a home study conducted by a state at the request 
19.13 	of another state to facilitate an adoptive or foster placement in the state of a child in foster 
19.14 	care under the responsibility of the state.
19.15 	(d) "Timely interstate home study" means an interstate home study completed by a 
19.16 	state if the state provides to the state that requested the study, within 30 days after receipt 
19.17 	of the request, a report on the results of the study, except that there is no requirement 
19.18 	for completion within the 30-day period of the parts of the home study involving the 
19.19 	education and training of the prospective foster or adoptive parents.
19.20 		Subd. 7.Background study requirements for adoption and foster care. (a) 
19.21 	Background study requirements for an adoption home study must be completed consistent 
19.22 	with section 259.41, subdivisions 1, 2, and 3.
19.23 	(b) Background study requirements for a foster care license must be completed 
19.24 	consistent with section 245C.08.
19.25 		Subd. 8.Home visits. If a child has been placed in foster care outside the state in 
19.26 	which the home of the parents of the child is located, periodically, but at least every six 
19.27 	months, a caseworker on the staff of the agency of the state in which the home of the 
19.28 	parents of the child is located or the state in which the child has been placed, or a private 
19.29 	agency under contract with either state, must visit the child in the home or institution and 
19.30 	submit a report on each visit to the agency of the state in which the home of the parents of 
19.31 	the child is located.

19.32 	Sec. 15. Minnesota Statutes 2006, section 260C.152, subdivision 5, is amended to read:
19.33 		Subd. 5.Notice to foster parents and preadoptive parents and relatives. The 
19.34 	foster parents, if any, of a child and any preadoptive parent or relative providing care 
19.35 	for the child must be provided notice of and an opportunity a right to be heard in any 
20.1 	review or hearing to be held with respect to the child. Any other relative may also request, 
20.2 	and must be granted, a notice and the opportunity to be heard under this section. This 
20.3 	subdivision does not require that a foster parent, preadoptive parent, or relative providing 
20.4 	care for the child be made a party to a review or hearing solely on the basis of the notice 
20.5 	and opportunity right to be heard.

20.6 	Sec. 16. Minnesota Statutes 2006, section 260C.163, subdivision 1, is amended to read:
20.7 		Subdivision 1.General. (a) Except for hearings arising under section 260C.425, 
20.8 	hearings on any matter shall be without a jury and may be conducted in an informal 
20.9 	manner. In all adjudicatory proceedings involving a child alleged to be in need of 
20.10 	protection or services, the court shall admit only evidence that would be admissible in a 
20.11 	civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of 
20.12 	protection or services must be proved by clear and convincing evidence. 
20.13 	(b) Except for proceedings involving a child alleged to be in need of protection or 
20.14 	services and petitions for the termination of parental rights, hearings may be continued or 
20.15 	adjourned from time to time. In proceedings involving a child alleged to be in need of 
20.16 	protection or services and petitions for the termination of parental rights, hearings may not 
20.17 	be continued or adjourned for more than one week unless the court makes specific findings 
20.18 	that the continuance or adjournment is in the best interests of the child. If a hearing is held 
20.19 	on a petition involving physical or sexual abuse of a child who is alleged to be in need of 
20.20 	protection or services or neglected and in foster care, the court shall file the decision with 
20.21 	the court administrator as soon as possible but no later than 15 days after the matter is 
20.22 	submitted to the court. When a continuance or adjournment is ordered in any proceeding, 
20.23 	the court may make any interim orders as it deems in the best interests of the minor in 
20.24 	accordance with the provisions of sections 260C.001 to 260C.421. 
20.25 	(c) Except as otherwise provided in this paragraph, the court shall exclude the 
20.26 	general public from hearings under this chapter and shall admit only those persons who, in 
20.27 	the discretion of the court, have a direct interest in the case or in the work of the court.
20.28 	(d) Adoption hearings shall be conducted in accordance with the provisions of 
20.29 	laws relating to adoptions.
20.30 	(e) In any permanency hearing, including the transition of a child from foster care 
20.31 	to independent living, the court shall ensure that any consult with the child is in an 
20.32 	age-appropriate manner.

20.33 	Sec. 17. Minnesota Statutes 2006, section 260C.201, subdivision 11, is amended to 
20.34 	read:
21.1 		Subd. 11.Review of court-ordered placements; permanent placement 
21.2 	determination. (a) This subdivision and subdivision 11a do not apply in cases where 
21.3 	the child is in placement due solely to the child's developmental disability or emotional 
21.4 	disturbance, where legal custody has not been transferred to the responsible social services 
21.5 	agency, and where the court finds compelling reasons under section 260C.007, subdivision 
21.6 	8, to continue the child in foster care past the time periods specified in this subdivision. 
21.7 	Foster care placements of children due solely to their disability are governed by section 
21.8 	260C.141, subdivision 2a. In all other cases where the child is in foster care or in the care 
21.9 	of a noncustodial parent under subdivision 1, the court shall commence proceedings 
21.10 	to determine the permanent status of a child not later than 12 months after the child is 
21.11 	placed in foster care or in the care of a noncustodial parent. At the admit-deny hearing 
21.12 	commencing such proceedings, the court shall determine whether there is a prima facie 
21.13 	basis for finding that the agency made reasonable efforts, or in the case of an Indian 
21.14 	child active efforts, required under section 260.012 and proceed according to the rules of 
21.15 	juvenile court.
21.16 	For purposes of this subdivision, the date of the child's placement in foster care is 
21.17 	the earlier of the first court-ordered placement or 60 days after the date on which the 
21.18 	child has been voluntarily placed in foster care by the child's parent or guardian. For 
21.19 	purposes of this subdivision, time spent by a child under the protective supervision of 
21.20 	the responsible social services agency in the home of a noncustodial parent pursuant to 
21.21 	an order under subdivision 1 counts towards the requirement of a permanency hearing 
21.22 	under this subdivision or subdivision 11a. Time spent on a trial home visit does not count
21.23 	counts towards the requirement of a permanency hearing under this subdivision orand a 
21.24 	permanency review for a child under eight years of age under subdivision 11a.
21.25 	For purposes of this subdivision, 12 months is calculated as follows:
21.26 	(1) during the pendency of a petition alleging that a child is in need of protection 
21.27 	or services, all time periods when a child is placed in foster care or in the home of a 
21.28 	noncustodial parent are cumulated;
21.29 	(2) if a child has been placed in foster care within the previous five years under one 
21.30 	or more previous petitions, the lengths of all prior time periods when the child was placed 
21.31 	in foster care within the previous five years are cumulated. If a child under this clause 
21.32 	has been in foster care for 12 months or more, the court, if it is in the best interests of the 
21.33 	child and for compelling reasons, may extend the total time the child may continue out 
21.34 	of the home under the current petition up to an additional six months before making a 
21.35 	permanency determination.
22.1 	(b) Unless the responsible social services agency recommends return of the child 
22.2 	to the custodial parent or parents, not later than 30 days prior to the admit-deny hearing 
22.3 	required under paragraph (a) and the rules of juvenile court, the responsible social services 
22.4 	agency shall file pleadings in juvenile court to establish the basis for the juvenile court to 
22.5 	order permanent placement of the child, including a termination of parental rights petition, 
22.6 	according to paragraph (d). Notice of the hearing and copies of the pleadings must be 
22.7 	provided pursuant to section 260C.152.
22.8 	(c) The permanency proceedings shall be conducted in a timely fashion including 
22.9 	that any trial required under section 260C.163 shall be commenced within 60 days of the 
22.10 	admit-deny hearing required under paragraph (a). At the conclusion of the permanency 
22.11 	proceedings, the court shall:
22.12 	(1) order the child returned to the care of the parent or guardian from whom the 
22.13 	child was removed; or
22.14 	(2) order a permanent placement or termination of parental rights if permanent 
22.15 	placement or termination of parental rights is in the child's best interests. The "best 
22.16 	interests of the child" means all relevant factors to be considered and evaluated. Transfer 
22.17 	of permanent legal and physical custody, termination of parental rights, or guardianship 
22.18 	and legal custody to the commissioner through a consent to adopt are preferred 
22.19 	permanency options for a child who cannot return home.
22.20 	(d) If the child is not returned to the home, the court must order one of the following 
22.21 	dispositions:
22.22 	(1) permanent legal and physical custody to a relative in the best interests of the 
22.23 	child according to the following conditions:
22.24 	(i) an order for transfer of permanent legal and physical custody to a relative shall 
22.25 	only be made after the court has reviewed the suitability of the prospective legal and 
22.26 	physical custodian;
22.27 	(ii) in transferring permanent legal and physical custody to a relative, the juvenile 
22.28 	court shall follow the standards applicable under this chapter and chapter 260, and the 
22.29 	procedures set out in the juvenile court rules;
22.30 	(iii) an order establishing permanent legal and physical custody under this 
22.31 	subdivision must be filed with the family court;
22.32 	(iv) a transfer of legal and physical custody includes responsibility for the protection, 
22.33 	education, care, and control of the child and decision making on behalf of the child;
22.34 	(v) the social services agency may bring a petition or motion naming a fit and 
22.35 	willing relative as a proposed permanent legal and physical custodian. The commissioner 
22.36 	of human services shall annually prepare for counties information that must be given to 
23.1 	proposed custodians about their legal rights and obligations as custodians together with 
23.2 	information on financial and medical benefits for which the child is eligible; and
23.3 	(vi) the juvenile court may maintain jurisdiction over the responsible social services 
23.4 	agency, the parents or guardian of the child, the child, and the permanent legal and 
23.5 	physical custodian for purposes of ensuring appropriate services are delivered to the child 
23.6 	and permanent legal custodian or for the purpose of ensuring conditions ordered by the 
23.7 	court related to the care and custody of the child are met;
23.8 	(2) termination of parental rights when the requirements of sections 260C.301 to 
23.9 	260C.328 are met or according to the following conditions:
23.10 	(i) order the social services agency to file a petition for termination of parental 
23.11 	rights in which case all the requirements of sections 260C.301 to 260C.328 remain 
23.12 	applicable; and
23.13 	(ii) an adoption completed subsequent to a determination under this subdivision may 
23.14 	include an agreement for communication or contact under section 259.58;
23.15 	(3) long-term foster care according to the following conditions:
23.16 	(i) the court may order a child into long-term foster care only if it approves the 
23.17 	responsible social service agency's compelling reasons that neither an award of permanent 
23.18 	legal and physical custody to a relative, nor termination of parental rights is in the child's 
23.19 	best interests;
23.20 	(ii) further, the court may only order long-term foster care for the child under this 
23.21 	section if it finds the following:
23.22 	(A) the child has reached age 12 and the responsible social services agency has made 
23.23 	reasonable efforts to locate and place the child with an adoptive family or with a fit and 
23.24 	willing relative who will agree to a transfer of permanent legal and physical custody of 
23.25 	the child, but such efforts have not proven successful; or
23.26 	(B) the child is a sibling of a child described in subitem (A) and the siblings have 
23.27 	a significant positive relationship and are ordered into the same long-term foster care 
23.28 	home; and
23.29 	(iii) at least annually, the responsible social services agency reconsiders its provision 
23.30 	of services to the child and the child's placement in long-term foster care to ensure that:
23.31 	(A) long-term foster care continues to be the most appropriate legal arrangement 
23.32 	for meeting the child's need for permanency and stability, including whether there is 
23.33 	another permanent placement option under this chapter that would better serve the child's 
23.34 	needs and best interests;
24.1 	(B) whenever possible, there is an identified long-term foster care family that is 
24.2 	committed to being the foster family for the child as long as the child is a minor or under 
24.3 	the jurisdiction of the court;
24.4 	(C) the child is receiving appropriate services or assistance to maintain or build 
24.5 	connections with the child's family and community;
24.6 	(D) the child's physical and mental health needs are being appropriately provided 
24.7 	for; and
24.8 	(E) the child's educational needs are being met;
24.9 	(4) foster care for a specified period of time according to the following conditions:
24.10 	(i) foster care for a specified period of time may be ordered only if:
24.11 	(A) the sole basis for an adjudication that the child is in need of protection or 
24.12 	services is the child's behavior;
24.13 	(B) the court finds that foster care for a specified period of time is in the best 
24.14 	interests of the child; and
24.15 	(C) the court approves the responsible social services agency's compelling reasons 
24.16 	that neither an award of permanent legal and physical custody to a relative, nor termination 
24.17 	of parental rights is in the child's best interests;
24.18 	(ii) the order does not specify that the child continue in foster care for any period 
24.19 	exceeding one year; or
24.20 	(5) guardianship and legal custody to the commissioner of human services under 
24.21 	the following procedures and conditions:
24.22 	(i) there is an identified prospective adoptive home agreed to by the responsible 
24.23 	social services agency having legal custody of the child pursuant to court order under this 
24.24 	section that has agreed to adopt the child and the court accepts the parent's voluntary 
24.25 	consent to adopt under section 259.24, except that such consent executed by a parent under 
24.26 	this item, following proper notice that consent given under this provision is irrevocable 
24.27 	upon acceptance by the court, shall be irrevocable unless fraud is established and an order 
24.28 	issues permitting revocation as stated in item (vii);
24.29 	(ii) if the court accepts a consent to adopt in lieu of ordering one of the other 
24.30 	enumerated permanency dispositions, the court must review the matter at least every 90 
24.31 	days. The review will address the reasonable efforts of the agency to achieve a finalized 
24.32 	adoption;
24.33 	(iii) a consent to adopt under this clause vests all legal authority regarding the child, 
24.34 	including guardianship and legal custody of the child, with the commissioner of human 
24.35 	services as if the child were a state ward after termination of parental rights;
25.1 	(iv) the court must forward a copy of the consent to adopt, together with a certified 
25.2 	copy of the order transferring guardianship and legal custody to the commissioner, to 
25.3 	the commissioner;
25.4 	(v) if an adoption is not finalized by the identified prospective adoptive parent within 
25.5 	12 months of the execution of the consent to adopt under this clause, the commissioner of 
25.6 	human services or the commissioner's delegate shall pursue adoptive placement in another 
25.7 	home unless the commissioner certifies that the failure to finalize is not due to either an 
25.8 	action or a failure to act by the prospective adoptive parent;
25.9 	(vi) notwithstanding item (v), the commissioner of human services or the 
25.10 	commissioner's designee must pursue adoptive placement in another home as soon as the 
25.11 	commissioner or commissioner's designee determines that finalization of the adoption with 
25.12 	the identified prospective adoptive parent is not possible, that the identified prospective 
25.13 	adoptive parent is not willing to adopt the child, that the identified prospective adoptive 
25.14 	parent is not cooperative in completing the steps necessary to finalize the adoption, or 
25.15 	upon the commissioner's determination to withhold consent to the adoption.
25.16 	(vii) unless otherwise required by the Indian Child Welfare Act, United States Code, 
25.17 	title 25, section 1913, a consent to adopt executed under this section, following proper 
25.18 	notice that consent given under this provision is irrevocable upon acceptance by the court, 
25.19 	shall be irrevocable upon acceptance by the court except upon order permitting revocation 
25.20 	issued by the same court after written findings that consent was obtained by fraud.
25.21 	(e) In ordering a permanent placement of a child, the court must be governed by the 
25.22 	best interests of the child, including a review of the relationship between the child and 
25.23 	relatives and the child and other important persons with whom the child has resided or 
25.24 	had significant contact. When the court has determined that permanent placement of the 
25.25 	child away from the parent is necessary, the court shall consider permanent alternative 
25.26 	homes that are available both inside and outside the state.
25.27 	(f) Once a permanent placement determination has been made and permanent 
25.28 	placement has been established, further court reviews are necessary if:
25.29 	(1) the placement is long-term foster care or foster care for a specified period of time;
25.30 	(2) the court orders further hearings because it has retained jurisdiction of a transfer 
25.31 	of permanent legal and physical custody matter;
25.32 	(3) an adoption has not yet been finalized; or
25.33 	(4) there is a disruption of the permanent or long-term placement.
25.34 	(g) Court reviews of an order for long-term foster care, whether under this section 
25.35 	or section 260C.317, subdivision 3, paragraph (d), must be conducted at least yearly and 
26.1 	must review the child's out-of-home placement plan and the reasonable efforts of the 
26.2 	agency to finalize the permanent plan for the child including the agency's efforts to:
26.3 	(1) ensure that long-term foster care continues to be the most appropriate legal 
26.4 	arrangement for meeting the child's need for permanency and stability or, if not, to identify 
26.5 	and attempt to finalize another permanent placement option under this chapter that would 
26.6 	better serve the child's needs and best interests;
26.7 	(2) identify a specific long-term foster home for the child, if one has not already 
26.8 	been identified;
26.9 	(3) support continued placement of the child in the identified home, if one has been 
26.10 	identified;
26.11 	(4) ensure appropriate services are provided to address the physical health, mental 
26.12 	health, and educational needs of the child during the period of long-term foster care and 
26.13 	also ensure appropriate services or assistance to maintain relationships with appropriate 
26.14 	family members and the child's community; and
26.15 	(5) plan for the child's independence upon the child's leaving long-term foster care 
26.16 	living as required under section 260C.212, subdivision 1.
26.17 	(h) In the event it is necessary for a child that has been ordered into foster care for a 
26.18 	specified period of time to be in foster care longer than one year after the permanency 
26.19 	hearing held under this section, not later than 12 months after the time the child was 
26.20 	ordered into foster care for a specified period of time, the matter must be returned to 
26.21 	court for a review of the appropriateness of continuing the child in foster care and of the 
26.22 	responsible social services agency's reasonable efforts to finalize a permanent plan for 
26.23 	the child; if it is in the child's best interests to continue the order for foster care for a 
26.24 	specified period of time past a total of 12 months, the court shall set objectives for the 
26.25 	child's continuation in foster care, specify any further amount of time the child may be in 
26.26 	foster care, and review the plan for the safe return of the child to the parent.
26.27 	(i) An order permanently placing a child out of the home of the parent or guardian 
26.28 	must include the following detailed findings:
26.29 	(1) how the child's best interests are served by the order;
26.30 	(2) the nature and extent of the responsible social service agency's reasonable efforts, 
26.31 	or, in the case of an Indian child, active efforts to reunify the child with the parent or 
26.32 	guardian where reasonable efforts are required;
26.33 	(3) the parent's or parents' efforts and ability to use services to correct the conditions 
26.34 	which led to the out-of-home placement; and
26.35 	(4) that the conditions which led to the out-of-home placement have not been 
26.36 	corrected so that the child can safely return home.
27.1 	(j) An order for permanent legal and physical custody of a child may be modified 
27.2 	under sections 518.18 and 518.185. The social services agency is a party to the proceeding 
27.3 	and must receive notice. A parent may only seek modification of an order for long-term 
27.4 	foster care upon motion and a showing by the parent of a substantial change in the parent's 
27.5 	circumstances such that the parent could provide appropriate care for the child and that 
27.6 	removal of the child from the child's permanent placement and the return to the parent's 
27.7 	care would be in the best interest of the child. The responsible social services agency may 
27.8 	ask the court to vacate an order for long-term foster care upon a prima facie showing 
27.9 	that there is a factual basis for the court to order another permanency option under this 
27.10 	chapter and that such an option is in the child's best interests. Upon a hearing where 
27.11 	the court determines that there is a factual basis for vacating the order for long-term 
27.12 	foster care and that another permanent order regarding the placement of the child is in 
27.13 	the child's best interests, the court may vacate the order for long-term foster care and 
27.14 	enter a different order for permanent placement that is in the child's best interests. The 
27.15 	court shall not require further reasonable efforts to reunify the child with the parent or 
27.16 	guardian as a basis for vacating the order for long-term foster care and ordering a different 
27.17 	permanent placement in the child's best interests. The county attorney must file pleadings 
27.18 	and give notice as required under the rules of juvenile court in order to modify an order for 
27.19 	long-term foster care under this paragraph.
27.20 	(k) The court shall issue an order required under this section within 15 days of the 
27.21 	close of the proceedings. The court may extend issuing the order an additional 15 days 
27.22 	when necessary in the interests of justice and the best interests of the child.
27.23 	(l) This paragraph applies to proceedings required under this subdivision when 
27.24 	the child is on a trial home visit:
27.25 	(1) if the child is on a trial home visit 12 months after the child was placed in 
27.26 	foster care or in the care of a noncustodial parent as calculated in this subdivision, the 
27.27 	responsible social services agency may file a report with the court regarding the child's and 
27.28 	parent's progress on the trial home visit and its reasonable efforts to finalize the child's safe 
27.29 	and permanent return to the care of the parent in lieu of filing the pleadings required under 
27.30 	paragraph (b). The court shall make findings regarding reasonableness of the responsible 
27.31 	social services efforts to finalize the child's return home as the permanent order in the best 
27.32 	interests of the child. The court may continue the trial home visit to a total time not to 
27.33 	exceed six months as provided in subdivision 1. If the court finds the responsible social 
27.34 	services agency has not made reasonable efforts to finalize the child's return home as the 
27.35 	permanent order in the best interests of the child, the court may order other or additional 
27.36 	efforts to support the child's remaining in the care of the parent; and
28.1 	(2) if a trial home visit ordered or continued at proceedings under this subdivision 
28.2 	terminates, the court shall re-commence proceedings under this subdivision to determine 
28.3 	the permanent status of the child not later than 30 days after the child is returned to foster 
28.4 	care.

28.5 	Sec. 18. Minnesota Statutes 2006, section 260C.212, subdivision 1, is amended to read:
28.6 		Subdivision 1.Out-of-home placement; plan. (a) An out-of-home placement plan 
28.7 	shall be prepared within 30 days after any child is placed in a residential facility by court 
28.8 	order or by the voluntary release of the child by the parent or parents.
28.9 	For purposes of this section, a residential facility means any group home, family 
28.10 	foster home or other publicly supported out-of-home residential facility, including any 
28.11 	out-of-home residential facility under contract with the state, county or other political 
28.12 	subdivision, or any agency thereof, to provide those services or foster care as defined in 
28.13 	section 260C.007, subdivision 18.
28.14 	(b) An out-of-home placement plan means a written document which is prepared by 
28.15 	the responsible social services agency jointly with the parent or parents or guardian of the 
28.16 	child and in consultation with the child's guardian ad litem, the child's tribe, if the child is 
28.17 	an Indian child, the child's foster parent or representative of the residential facility, and, 
28.18 	where appropriate, the child. For a child in placement due solely or in part to the child's 
28.19 	emotional disturbance, preparation of the out-of-home placement plan shall additionally 
28.20 	include the child's mental health treatment provider. As appropriate, the plan shall be:
28.21 	(1) submitted to the court for approval under section 260C.178, subdivision 7;
28.22 	(2) ordered by the court, either as presented or modified after hearing, under section 
28.23 	260C.178, subdivision 7, or 260C.201, subdivision 6; and
28.24 	(3) signed by the parent or parents or guardian of the child, the child's guardian ad 
28.25 	litem, a representative of the child's tribe, the responsible social services agency, and, if 
28.26 	possible, the child.
28.27 	(c) The out-of-home placement plan shall be explained to all persons involved in its 
28.28 	implementation, including the child who has signed the plan, and shall set forth:
28.29 	(1) a description of the residential facility including how the out-of-home placement 
28.30 	plan is designed to achieve a safe placement for the child in the least restrictive, most 
28.31 	family-like, setting available which is in close proximity to the home of the parent or 
28.32 	parents or guardian of the child when the case plan goal is reunification, and how the 
28.33 	placement is consistent with the best interests and special needs of the child according to 
28.34 	the factors under subdivision 2, paragraph (b);
29.1 	(2) the specific reasons for the placement of the child in a residential facility, and 
29.2 	when reunification is the plan, a description of the problems or conditions in the home of 
29.3 	the parent or parents which necessitated removal of the child from home and the changes 
29.4 	the parent or parents must make in order for the child to safely return home;
29.5 	(3) a description of the services offered and provided to prevent removal of the child 
29.6 	from the home and to reunify the family including:
29.7 	(i) the specific actions to be taken by the parent or parents of the child to eliminate 
29.8 	or correct the problems or conditions identified in clause (2), and the time period during 
29.9 	which the actions are to be taken; and
29.10 	(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made 
29.11 	to achieve a safe and stable home for the child including social and other supportive 
29.12 	services to be provided or offered to the parent or parents or guardian of the child, the 
29.13 	child, and the residential facility during the period the child is in the residential facility;
29.14 	(4) a description of any services or resources that were requested by the child or the 
29.15 	child's parent, guardian, foster parent, or custodian since the date of the child's placement 
29.16 	in the residential facility, and whether those services or resources were provided and if 
29.17 	not, the basis for the denial of the services or resources;
29.18 	(5) the visitation plan for the parent or parents or guardian, other relatives as defined 
29.19 	in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed 
29.20 	together in the residential facility, and whether visitation is consistent with the best interest 
29.21 	of the child, during the period the child is in the residential facility;
29.22 	(6) documentation of steps to finalize the adoption or legal guardianship of the child 
29.23 	if the court has issued an order terminating the rights of both parents of the child or of 
29.24 	the only known, living parent of the child, and. At a minimum, the documentation must 
29.25 	include child-specific recruitment efforts such as relative search and the use of state, 
29.26 	regional, and national adoption exchanges to facilitate orderly and timely instate and 
29.27 	interstate placements. A copy of this documentation shall be provided to the court in the 
29.28 	review required under section 260C.317, subdivision 3, paragraph (b);
29.29 	(7) to the extent available and accessible, the health and educational records of the 
29.30 	child including the most recent information available regarding:
29.31 	(i) the names and addresses of the child's health and educational providers;
29.32 	(ii) the child's grade level performance;
29.33 	(iii) the child's school record;
29.34 	(iv) assurances that the child's placement in foster care takes into account proximity 
29.35 	to the school in which the child is enrolled at the time of placement;
29.36 	(v) a record of the child's immunizations;
30.1 	(vi) the child's known medical problems, including any known communicable 
30.2 	diseases, as defined in section 144.4172, subdivision 2;
30.3 	(vii) the child's medications; and
30.4 	(viii) any other relevant health and education information;
30.5 	(8) an independent living plan for a child age 16 or older who is in placement as 
30.6 	a result of a permanency disposition. The plan should include, but not be limited to, 
30.7 	the following objectives:
30.8 	(i) educational, vocational, or employment planning;
30.9 	(ii) health care planning and medical coverage;
30.10 	(iii) transportation including, where appropriate, assisting the child in obtaining a 
30.11 	driver's license;
30.12 	(iv) money management;
30.13 	(v) planning for housing;
30.14 	(vi) social and recreational skills; and
30.15 	(vii) establishing and maintaining connections with the child's family and 
30.16 	community; and
30.17 	(9) for a child in placement due solely or in part to the child's emotional disturbance, 
30.18 	diagnostic and assessment information, specific services relating to meeting the mental 
30.19 	health care needs of the child, and treatment outcomes.
30.20 	(d) The parent or parents or guardian and the child each shall have the right to legal 
30.21 	counsel in the preparation of the case plan and shall be informed of the right at the time 
30.22 	of placement of the child. The child shall also have the right to a guardian ad litem. 
30.23 	If unable to employ counsel from their own resources, the court shall appoint counsel 
30.24 	upon the request of the parent or parents or the child or the child's legal guardian. The 
30.25 	parent or parents may also receive assistance from any person or social services agency 
30.26 	in preparation of the case plan.
30.27 	After the plan has been agreed upon by the parties involved or approved or ordered 
30.28 	by the court, the foster parents shall be fully informed of the provisions of the case plan 
30.29 	and shall be provided a copy of the plan.
30.30 	Upon discharge from foster care, the parent, adoptive parent, or permanent legal and 
30.31 	physical custodian, as appropriate, and the child, if appropriate, must be provided with 
30.32 	a current copy of the child's health and education record.

30.33 	Sec. 19. Minnesota Statutes 2006, section 260C.212, subdivision 4, is amended to read:
31.1 		Subd. 4.Responsible social service agency's duties for children in placement. (a) 
31.2 	When a child is in placement, the responsible social services agency shall make diligent 
31.3 	efforts to identify, locate, and, where appropriate, offer services to both parents of the child.
31.4 	(1) The responsible social services agency shall assess whether a noncustodial or 
31.5 	nonadjudicated parent is willing and capable of providing for the day-to-day care of the 
31.6 	child temporarily or permanently. An assessment under this clause may include, but 
31.7 	is not limited to, obtaining information under section 260C.209. If after assessment, 
31.8 	the responsible social services agency determines that a noncustodial or nonadjudicated 
31.9 	parent is willing and capable of providing day-to-day care of the child, the responsible 
31.10 	social services agency may seek authority from the custodial parent or the court to have 
31.11 	that parent assume day-to-day care of the child. If a parent is not an adjudicated parent, 
31.12 	the responsible social services agency shall require the nonadjudicated parent to cooperate 
31.13 	with paternity establishment procedures as part of the case plan.
31.14 	(2) If, after assessment, the responsible social services agency determines that the 
31.15 	child cannot be in the day-to-day care of either parent, the agency shall:
31.16 	(i) prepare an out-of-home placement plan addressing the conditions that each parent 
31.17 	must meet before the child can be in that parent's day-to-day care; and
31.18 	(ii) provide a parent who is the subject of a background study under section 
31.19 	260C.209 15 days' notice that it intends to use the study to recommend against putting the 
31.20 	child with that parent, as well as the notice provided in section 260C.209, subdivision 4, 
31.21 	and the court shall afford the parent an opportunity to be heard concerning the study.
31.22 	The results of a background study of a noncustodial parent shall not be used by the 
31.23 	agency to determine that the parent is incapable of providing day-to-day care of the child 
31.24 	unless the agency reasonably believes that placement of the child into the home of that 
31.25 	parent would endanger the child's health, safety, or welfare.
31.26 	(3) If, after the provision of services following an out-of-home placement plan under 
31.27 	this section, the child cannot return to the care of the parent from whom the child was 
31.28 	removed or who had legal custody at the time the child was placed in foster care, the 
31.29 	agency may petition on behalf of a noncustodial parent to establish legal custody with 
31.30 	that parent under section 260C.201, subdivision 11. If paternity has not already been 
31.31 	established, it may be established in the same proceeding in the manner provided for 
31.32 	under chapter 257.
31.33 	(4) The responsible social services agency may be relieved of the requirement to 
31.34 	locate and offer services to both parents by the juvenile court upon a finding of good cause 
31.35 	after the filing of a petition under section 260C.141.
32.1 	(b) The responsible social services agency shall give notice to the parent or parents 
32.2 	or guardian of each child in a residential facility, other than a child in placement due 
32.3 	solely to that child's developmental disability or emotional disturbance, of the following 
32.4 	information:
32.5 	(1) that residential care of the child may result in termination of parental rights or an 
32.6 	order permanently placing the child out of the custody of the parent, but only after notice 
32.7 	and a hearing as required under chapter 260C and the juvenile court rules;
32.8 	(2) time limits on the length of placement and of reunification services, including 
32.9 	the date on which the child is expected to be returned to and safely maintained in the 
32.10 	home of the parent or parents or placed for adoption or otherwise permanently removed 
32.11 	from the care of the parent by court order;
32.12 	(3) the nature of the services available to the parent;
32.13 	(4) the consequences to the parent and the child if the parent fails or is unable to use 
32.14 	services to correct the circumstances that led to the child's placement;
32.15 	(5) the first consideration for placement with relatives;
32.16 	(6) the benefit to the child in getting the child out of residential care as soon as 
32.17 	possible, preferably by returning the child home, but if that is not possible, through a 
32.18 	permanent legal placement of the child away from the parent;
32.19 	(7) when safe for the child, the benefits to the child and the parent of maintaining 
32.20 	visitation with the child as soon as possible in the course of the case and, in any event, 
32.21 	according to the visitation plan under this section; and
32.22 	(8) the financial responsibilities and obligations, if any, of the parent or parents for 
32.23 	the support of the child during the period the child is in the residential facility.
32.24 	(c) The responsible social services agency shall inform a parent considering 
32.25 	voluntary placement of a child who is not developmentally disabled or emotionally 
32.26 	disturbed of the following information:
32.27 	(1) the parent and the child each has a right to separate legal counsel before signing a 
32.28 	voluntary placement agreement, but not to counsel appointed at public expense;
32.29 	(2) the parent is not required to agree to the voluntary placement, and a parent 
32.30 	who enters a voluntary placement agreement may at any time request that the agency 
32.31 	return the child. If the parent so requests, the child must be returned within 24 hours of 
32.32 	the receipt of the request;
32.33 	(3) evidence gathered during the time the child is voluntarily placed may be used 
32.34 	at a later time as the basis for a petition alleging that the child is in need of protection 
32.35 	or services or as the basis for a petition seeking termination of parental rights or other 
32.36 	permanent placement of the child away from the parent;
33.1 	(4) if the responsible social services agency files a petition alleging that the child is 
33.2 	in need of protection or services or a petition seeking the termination of parental rights 
33.3 	or other permanent placement of the child away from the parent, the parent would have 
33.4 	the right to appointment of separate legal counsel and the child would have a right to the 
33.5 	appointment of counsel and a guardian ad litem as provided by law, and that counsel will 
33.6 	be appointed at public expense if they are unable to afford counsel; and
33.7 	(5) the timelines and procedures for review of voluntary placements under 
33.8 	subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a 
33.9 	permanent placement determination hearing under section 260C.201, subdivision 11.
33.10 	(d) When an agency accepts a child for placement, the agency shall determine 
33.11 	whether the child has had a physical examination by or under the direction of a licensed 
33.12 	physician within the 12 months immediately preceding the date when the child came into 
33.13 	the agency's care. If there is documentation that the child has had an examination within 
33.14 	the last 12 months, the agency is responsible for seeing that the child has another physical 
33.15 	examination within one year of the documented examination and annually in subsequent 
33.16 	years. If the agency determines that the child has not had a physical examination within 
33.17 	the 12 months immediately preceding placement, the agency shall ensure that the child 
33.18 	has an examination within 30 days of coming into the agency's care and once a year 
33.19 	in subsequent years.
33.20 	(e) If a child leaves foster care by reason of having attained the age of majority 
33.21 	under state law, the child must be given at no cost a copy of the child's health and 
33.22 	education report.

33.23 	Sec. 20. Minnesota Statutes 2006, section 260C.317, subdivision 3, is amended to read:
33.24 		Subd. 3.Order; retention of jurisdiction. (a) A certified copy of the findings and 
33.25 	the order terminating parental rights, and a summary of the court's information concerning 
33.26 	the child shall be furnished by the court to the commissioner or the agency to which 
33.27 	guardianship is transferred. The orders shall be on a document separate from the findings. 
33.28 	The court shall furnish the individual to whom guardianship is transferred a copy of the 
33.29 	order terminating parental rights.
33.30 	(b) The court shall retain jurisdiction in a case where adoption is the intended 
33.31 	permanent placement disposition until the child's adoption is finalized, the child is 18 years 
33.32 	of age, or the child is otherwise ordered discharged from the jurisdiction of the court. The 
33.33 	guardian ad litem and counsel for the child shall continue on the case until an adoption 
33.34 	decree is entered. A hearing must be held every 90 days following termination of parental 
33.35 	rights for the court to review progress toward an adoptive placement and the specific 
34.1 	recruitment efforts the agency has taken to find an adoptive family or other placement 
34.2 	living arrangement for the child and to finalize the adoption or other permanency plan.
34.3 	(c) The responsible social services agency may make a determination of compelling 
34.4 	reasons for a child to be in long-term foster care when the agency has made exhaustive 
34.5 	efforts to recruit, identify, and place the child in an adoptive home, and the child continues 
34.6 	in foster care for at least 24 months after the court has issued the order terminating 
34.7 	parental rights. A child of any age who is under the guardianship of the commissioner of 
34.8 	the Department of Human Services and is legally available for adoption may not refuse 
34.9 	or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the 
34.10 	child in an adoptive home required under paragraph (b) or sign a document relieving 
34.11 	county social services agencies of all recruitment efforts on the child's behalf. Upon 
34.12 	approving the agency's determination of compelling reasons, the court may order the 
34.13 	child placed in long-term foster care. At least every 12 months thereafter as long as the 
34.14 	child continues in out-of-home placement, the court shall conduct a permanency review 
34.15 	hearing to determine the future status of the child using the review requirements of section 
34.16 	260C.201, subdivision 11, paragraph (g).
34.17 	(d) The court shall retain jurisdiction through the child's minority in a case where 
34.18 	long-term foster care is the permanent disposition whether under paragraph (c) or section 
34.19 	260C.201, subdivision 11.

34.20 	Sec. 21. Minnesota Statutes 2006, section 260C.331, subdivision 1, is amended to read:
34.21 		Subdivision 1.Care, examination, or treatment. (a) Except where parental rights 
34.22 	are terminated,
34.23 	(1) whenever legal custody of a child is transferred by the court to a responsible 
34.24 	social services agency,
34.25 	(2) whenever legal custody is transferred to a person other than the responsible social 
34.26 	services agency, but under the supervision of the responsible social services agency, or
34.27 	(3) whenever a child is given physical or mental examinations or treatment under 
34.28 	order of the court, and no provision is otherwise made by law for payment for the care, 
34.29 	examination, or treatment of the child, these costs are a charge upon the welfare funds of 
34.30 	the county in which proceedings are held upon certification of the judge of juvenile court.
34.31 	(b) The court shall order, and the responsible social services agency shall require, 
34.32 	the parents or custodian of a child, while the child is under the age of 18, to use the 
34.33 	total income and resources attributable to the child for the period of care, examination, 
34.34 	or treatment, except for clothing and personal needs allowance as provided in section 
34.35 	256B.35, to reimburse the county for the cost of care, examination, or treatment. Income 
35.1 	and resources attributable to the child include, but are not limited to, Social Security 
35.2 	benefits, supplemental security income (SSI), veterans benefits, railroad retirement 
35.3 	benefits and child support. When the child is over the age of 18, and continues to receive 
35.4 	care, examination, or treatment, the court shall order, and the responsible social services 
35.5 	agency shall require, reimbursement from the child for the cost of care, examination, or 
35.6 	treatment from the income and resources attributable to the child less the clothing and 
35.7 	personal needs allowance. Income does not include earnings from a child over 18 who is 
35.8 	working as part of a plan under section 260C.212, subdivision 1, paragraph (c), clause 
35.9 	(8), to transition from foster care.
35.10 	(c) If the income and resources attributable to the child are not enough to reimburse 
35.11 	the county for the full cost of the care, examination, or treatment, the court shall inquire 
35.12 	into the ability of the parents to support the child and, after giving the parents a reasonable 
35.13 	opportunity to be heard, the court shall order, and the responsible social services agency 
35.14 	shall require, the parents to contribute to the cost of care, examination, or treatment of 
35.15 	the child. When determining the amount to be contributed by the parents, the court shall 
35.16 	use a fee schedule based upon ability to pay that is established by the responsible social 
35.17 	services agency and approved by the commissioner of human services. The income of 
35.18 	a stepparent who has not adopted a child shall be excluded in calculating the parental 
35.19 	contribution under this section.
35.20 	(d) The court shall order the amount of reimbursement attributable to the parents 
35.21 	or custodian, or attributable to the child, or attributable to both sources, withheld under 
35.22 	chapter 518A from the income of the parents or the custodian of the child. A parent or 
35.23 	custodian who fails to pay without good reason may be proceeded against for contempt, or 
35.24 	the court may inform the county attorney, who shall proceed to collect the unpaid sums, 
35.25 	or both procedures may be used.
35.26 	(e) If the court orders a physical or mental examination for a child, the examination 
35.27 	is a medically necessary service for purposes of determining whether the service is 
35.28 	covered by a health insurance policy, health maintenance contract, or other health 
35.29 	coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan 
35.30 	requirements for medical necessity. Nothing in this paragraph changes or eliminates 
35.31 	benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions, 
35.32 	or other requirements in the policy, contract, or plan that relate to coverage of other 
35.33 	medically necessary services.

35.34 	Sec. 22. Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision 
35.35 	to read:
36.1 		Subd. 3e.Agency responsibility for assessing or investigating reports of sexual 
36.2 	abuse. The local welfare agency is the agency responsible for investigating allegations 
36.3 	of sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual 
36.4 	functioning within the family unit as a person responsible for the child's care, or a person 
36.5 	with a significant relationship to the child if that person resides in the child's household.

36.6 	Sec. 23. Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision 
36.7 	to read:
36.8 		Subd. 3f.Law enforcement agency responsibility for investigating 
36.9 	maltreatment. The local law enforcement agency has responsibility for investigating any 
36.10 	report of child maltreatment if a violation of a criminal statute is alleged. Law enforcement 
36.11 	and the responsible agency must coordinate their investigations or assessments as required 
36.12 	under subdivision 10.

36.13 	Sec. 24. Minnesota Statutes 2006, section 626.556, subdivision 10, is amended to read:
36.14 		Subd. 10.Duties of local welfare agency and local law enforcement agency upon 
36.15 	receipt of a report. (a) Upon receipt of a report, the local welfare agency shall determine 
36.16 	whether to conduct a family assessment or an investigation as appropriate to prevent or 
36.17 	provide a remedy for child maltreatment. The local welfare agency:
36.18 	(1) shall conduct an investigation on reports involving substantial child 
36.19 	endangerment;
36.20 	(2) shall begin an immediate investigation if, at any time when it is using a family 
36.21 	assessment response, it determines that there is reason to believe that substantial child 
36.22 	endangerment or a serious threat to the child's safety exists;
36.23 	(3) may conduct a family assessment for reports that do not allege substantial child 
36.24 	endangerment. In determining that a family assessment is appropriate, the local welfare 
36.25 	agency may consider issues of child safety, parental cooperation, and the need for an 
36.26 	immediate response; and
36.27 	(4) may conduct a family assessment on a report that was initially screened and 
36.28 	assigned for an investigation. In determining that a complete investigation is not required, 
36.29 	the local welfare agency must document the reason for terminating the investigation and 
36.30 	notify the local law enforcement agency if the local law enforcement agency is conducting 
36.31 	a joint investigation.
36.32 	If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, 
36.33 	or individual functioning within the family unit as a person responsible for the child's 
36.34 	care, or sexual abuse by a person with a significant relationship to the child when that 
37.1 	person resides in the child's household or by a sibling, the local welfare agency shall 
37.2 	immediately conduct a family assessment or investigation as identified in clauses (1) to 
37.3 	(4). In conducting a family assessment or investigation, the local welfare agency shall 
37.4 	gather information on the existence of substance abuse and domestic violence and offer 
37.5 	services for purposes of preventing future child maltreatment, safeguarding and enhancing 
37.6 	the welfare of the abused or neglected minor, and supporting and preserving family 
37.7 	life whenever possible. If the report alleges a violation of a criminal statute involving 
37.8 	sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the 
37.9 	local law enforcement agency and local welfare agency shall coordinate the planning and 
37.10 	execution of their respective investigation and assessment efforts to avoid a duplication of 
37.11 	fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of 
37.12 	the results of its investigation. In cases of alleged child maltreatment resulting in death, 
37.13 	the local agency may rely on the fact-finding efforts of a law enforcement investigation 
37.14 	to make a determination of whether or not maltreatment occurred. When necessary the 
37.15 	local welfare agency shall seek authority to remove the child from the custody of a parent, 
37.16 	guardian, or adult with whom the child is living. In performing any of these duties, the 
37.17 	local welfare agency shall maintain appropriate records.
37.18 	If the family assessment or investigation indicates there is a potential for abuse of 
37.19 	alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 
37.20 	the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota 
37.21 	Rules, part 9530.6615. The local welfare agency shall report the determination of the 
37.22 	chemical use assessment, and the recommendations and referrals for alcohol and other 
37.23 	drug treatment services to the state authority on alcohol and drug abuse.
37.24 	(b) When a local agency receives a report or otherwise has information indicating 
37.25 	that a child who is a client, as defined in section 245.91, has been the subject of physical 
37.26 	abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 
37.27 	245.91, it shall, in addition to its other duties under this section, immediately inform the 
37.28 	ombudsman established under sections 245.91 to 245.97. The commissioner of education 
37.29 	shall inform the ombudsman established under sections 245.91 to 245.97 of reports 
37.30 	regarding a child defined as a client in section 245.91 that maltreatment occurred at a 
37.31 	school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
37.32 	(c) Authority of the local welfare agency responsible for assessing or investigating 
37.33 	the child abuse or neglect report, the agency responsible for assessing or investigating 
37.34 	the report, and of the local law enforcement agency for investigating the alleged abuse or 
37.35 	neglect includes, but is not limited to, authority to interview, without parental consent, 
37.36 	the alleged victim and any other minors who currently reside with or who have resided 
38.1 	with the alleged offender. The interview may take place at school or at any facility or 
38.2 	other place where the alleged victim or other minors might be found or the child may 
38.3 	be transported to, and the interview conducted at, a place appropriate for the interview 
38.4 	of a child designated by the local welfare agency or law enforcement agency. The 
38.5 	interview may take place outside the presence of the alleged offender or parent, legal 
38.6 	custodian, guardian, or school official. For family assessments, it is the preferred practice 
38.7 	to request a parent or guardian's permission to interview the child prior to conducting the 
38.8 	child interview, unless doing so would compromise the safety assessment. Except as 
38.9 	provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the 
38.10 	responsible local welfare or law enforcement agency no later than the conclusion of the 
38.11 	investigation or assessment that this interview has occurred. Notwithstanding rule 49.02
38.12 	of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after 
38.13 	hearing on an ex parte motion by the local welfare agency, order that, where reasonable 
38.14 	cause exists, the agency withhold notification of this interview from the parent, legal 
38.15 	custodian, or guardian. If the interview took place or is to take place on school property, 
38.16 	the order shall specify that school officials may not disclose to the parent, legal custodian, 
38.17 	or guardian the contents of the notification of intent to interview the child on school 
38.18 	property, as provided under this paragraph, and any other related information regarding 
38.19 	the interview that may be a part of the child's school record. A copy of the order shall be 
38.20 	sent by the local welfare or law enforcement agency to the appropriate school official.
38.21 	(d) When the local welfare, local law enforcement agency, or the agency responsible 
38.22 	for assessing or investigating a report of maltreatment determines that an interview should 
38.23 	take place on school property, written notification of intent to interview the child on school 
38.24 	property must be received by school officials prior to the interview. The notification 
38.25 	shall include the name of the child to be interviewed, the purpose of the interview, and 
38.26 	a reference to the statutory authority to conduct an interview on school property. For 
38.27 	interviews conducted by the local welfare agency, the notification shall be signed by the 
38.28 	chair of the local social services agency or the chair's designee. The notification shall be 
38.29 	private data on individuals subject to the provisions of this paragraph. School officials 
38.30 	may not disclose to the parent, legal custodian, or guardian the contents of the notification 
38.31 	or any other related information regarding the interview until notified in writing by the 
38.32 	local welfare or law enforcement agency that the investigation or assessment has been 
38.33 	concluded, unless a school employee or agent is alleged to have maltreated the child. 
38.34 	Until that time, the local welfare or law enforcement agency or the agency responsible 
38.35 	for assessing or investigating a report of maltreatment shall be solely responsible for any 
38.36 	disclosures regarding the nature of the assessment or investigation.
39.1 	Except where the alleged offender is believed to be a school official or employee, 
39.2 	the time and place, and manner of the interview on school premises shall be within the 
39.3 	discretion of school officials, but the local welfare or law enforcement agency shall have 
39.4 	the exclusive authority to determine who may attend the interview. The conditions as to 
39.5 	time, place, and manner of the interview set by the school officials shall be reasonable and 
39.6 	the interview shall be conducted not more than 24 hours after the receipt of the notification 
39.7 	unless another time is considered necessary by agreement between the school officials and 
39.8 	the local welfare or law enforcement agency. Where the school fails to comply with the 
39.9 	provisions of this paragraph, the juvenile court may order the school to comply. Every 
39.10 	effort must be made to reduce the disruption of the educational program of the child, other 
39.11 	students, or school staff when an interview is conducted on school premises.
39.12 	(e) Where the alleged offender or a person responsible for the care of the alleged 
39.13 	victim or other minor prevents access to the victim or other minor by the local welfare 
39.14 	agency, the juvenile court may order the parents, legal custodian, or guardian to produce 
39.15 	the alleged victim or other minor for questioning by the local welfare agency or the local 
39.16 	law enforcement agency outside the presence of the alleged offender or any person 
39.17 	responsible for the child's care at reasonable places and times as specified by court order.
39.18 	(f) Before making an order under paragraph (e), the court shall issue an order to 
39.19 	show cause, either upon its own motion or upon a verified petition, specifying the basis for 
39.20 	the requested interviews and fixing the time and place of the hearing. The order to show 
39.21 	cause shall be served personally and shall be heard in the same manner as provided in 
39.22 	other cases in the juvenile court. The court shall consider the need for appointment of a 
39.23 	guardian ad litem to protect the best interests of the child. If appointed, the guardian ad 
39.24 	litem shall be present at the hearing on the order to show cause.
39.25 	(g) The commissioner of human services, the ombudsman for mental health and 
39.26 	developmental disabilities, the local welfare agencies responsible for investigating reports, 
39.27 	the commissioner of education, and the local law enforcement agencies have the right to 
39.28 	enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, 
39.29 	including medical records, as part of the investigation. Notwithstanding the provisions of 
39.30 	chapter 13, they also have the right to inform the facility under investigation that they are 
39.31 	conducting an investigation, to disclose to the facility the names of the individuals under 
39.32 	investigation for abusing or neglecting a child, and to provide the facility with a copy of 
39.33 	the report and the investigative findings.
39.34 	(h) The local welfare agency responsible for conducting a family assessment or 
39.35 	investigation shall collect available and relevant information to determine child safety, 
39.36 	risk of subsequent child maltreatment, and family strengths and needs and share not public 
40.1 	information with an Indian's tribal social services agency without violating any law of the 
40.2 	state that may otherwise impose duties of confidentiality on the local welfare agency in 
40.3 	order to implement the tribal state agreement. The local welfare agency or the agency 
40.4 	responsible for investigating the report shall collect available and relevant information 
40.5 	to ascertain whether maltreatment occurred and whether protective services are needed. 
40.6 	Information collected includes, when relevant, information with regard to the person 
40.7 	reporting the alleged maltreatment, including the nature of the reporter's relationship to the 
40.8 	child and to the alleged offender, and the basis of the reporter's knowledge for the report; 
40.9 	the child allegedly being maltreated; the alleged offender; the child's caretaker; and other 
40.10 	collateral sources having relevant information related to the alleged maltreatment. The 
40.11 	local welfare agency or the agency responsible for assessing or investigating the report 
40.12 	may make a determination of no maltreatment early in an assessment, and close the case 
40.13 	and retain immunity, if the collected information shows no basis for a full assessment or 
40.14 	investigation.
40.15 	Information relevant to the assessment or investigation must be asked for, and 
40.16 	may include:
40.17 	(1) the child's sex and age, prior reports of maltreatment, information relating 
40.18 	to developmental functioning, credibility of the child's statement, and whether the 
40.19 	information provided under this clause is consistent with other information collected 
40.20 	during the course of the assessment or investigation;
40.21 	(2) the alleged offender's age, a record check for prior reports of maltreatment, and 
40.22 	criminal charges and convictions. The local welfare agency or the agency responsible for 
40.23 	assessing or investigating the report must provide the alleged offender with an opportunity 
40.24 	to make a statement. The alleged offender may submit supporting documentation relevant 
40.25 	to the assessment or investigation;
40.26 	(3) collateral source information regarding the alleged maltreatment and care of the 
40.27 	child. Collateral information includes, when relevant: (i) a medical examination of the 
40.28 	child; (ii) prior medical records relating to the alleged maltreatment or the care of the 
40.29 	child maintained by any facility, clinic, or health care professional and an interview with 
40.30 	the treating professionals; and (iii) interviews with the child's caretakers, including the 
40.31 	child's parent, guardian, foster parent, child care provider, teachers, counselors, family 
40.32 	members, relatives, and other persons who may have knowledge regarding the alleged 
40.33 	maltreatment and the care of the child; and
40.34 	(4) information on the existence of domestic abuse and violence in the home of 
40.35 	the child, and substance abuse.
41.1 	Nothing in this paragraph precludes the local welfare agency, the local law 
41.2 	enforcement agency, or the agency responsible for assessing or investigating the report 
41.3 	from collecting other relevant information necessary to conduct the assessment or 
41.4 	investigation. Notwithstanding section 13.384 or 144.335, the local welfare agency has 
41.5 	access to medical data and records for purposes of clause (3). Notwithstanding the data's 
41.6 	classification in the possession of any other agency, data acquired by the local welfare 
41.7 	agency or the agency responsible for assessing or investigating the report during the course 
41.8 	of the assessment or investigation are private data on individuals and must be maintained 
41.9 	in accordance with subdivision 11. Data of the commissioner of education collected 
41.10 	or maintained during and for the purpose of an investigation of alleged maltreatment 
41.11 	in a school are governed by this section, notwithstanding the data's classification as 
41.12 	educational, licensing, or personnel data under chapter 13.
41.13 	In conducting an assessment or investigation involving a school facility as defined 
41.14 	in subdivision 2, paragraph (i), the commissioner of education shall collect investigative 
41.15 	reports and data that are relevant to a report of maltreatment and are from local law 
41.16 	enforcement and the school facility.
41.17 	(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face 
41.18 	contact with the child reported to be maltreated and with the child's primary caregiver 
41.19 	sufficient to complete a safety assessment and ensure the immediate safety of the child. 
41.20 	The face-to-face contact with the child and primary caregiver shall occur immediately 
41.21 	if substantial child endangerment is alleged and within five calendar days for all other 
41.22 	reports. If the alleged offender was not already interviewed as the primary caregiver, the 
41.23 	local welfare agency shall also conduct a face-to-face interview with the alleged offender 
41.24 	in the early stages of the assessment or investigation. At the initial contact, the local child 
41.25 	welfare agency or the agency responsible for assessing or investigating the report must 
41.26 	inform the alleged offender of the complaints or allegations made against the individual in 
41.27 	a manner consistent with laws protecting the rights of the person who made the report. 
41.28 	The interview with the alleged offender may be postponed if it would jeopardize an active 
41.29 	law enforcement investigation.
41.30 	(j) When conducting an investigation, the local welfare agency shall use a question 
41.31 	and answer interviewing format with questioning as nondirective as possible to elicit 
41.32 	spontaneous responses. For investigations only, the following interviewing methods and 
41.33 	procedures must be used whenever possible when collecting information:
41.34 	(1) audio recordings of all interviews with witnesses and collateral sources; and
41.35 	(2) in cases of alleged sexual abuse, audio-video recordings of each interview with 
41.36 	the alleged victim and child witnesses.
42.1 	(k) In conducting an assessment or investigation involving a school facility as 
42.2 	defined in subdivision 2, paragraph (i), the commissioner of education shall collect 
42.3 	available and relevant information and use the procedures in paragraphs (i), (k), and 
42.4 	subdivision 3d, except that the requirement for face-to-face observation of the child 
42.5 	and face-to-face interview of the alleged offender is to occur in the initial stages of the 
42.6 	assessment or investigation provided that the commissioner may also base the assessment 
42.7 	or investigation on investigative reports and data received from the school facility and 
42.8 	local law enforcement, to the extent those investigations satisfy the requirements of 
42.9 	paragraphs (i) and (k), and subdivision 3d.

42.10 	Sec. 25. Minnesota Statutes 2006, section 626.556, subdivision 10a, is amended to 
42.11 	read:
42.12 		Subd. 10a.Abuse outside family unit Law enforcement agency responsibility 
42.13 	for investigation; welfare agency reliance on law enforcement fact-finding; welfare 
42.14 	agency offer of services. (a) If the report alleges neglect, physical abuse, or sexual abuse 
42.15 	by a person who is not a parent, guardian, sibling, person responsible for the child's care 
42.16 	functioning outside within the family unit as a person responsible for the child's care, or a 
42.17 	person who lives in the child's household and who has a significant relationship to the 
42.18 	child, in a setting other than a facility as defined in subdivision 2, the local welfare agency 
42.19 	shall immediately notify the appropriate law enforcement agency, which shall conduct an 
42.20 	investigation of the alleged abuse or neglect if a violation of a criminal statute is alleged. 
42.21 	(b) The local agency may rely on the fact-finding efforts of the law enforcement 
42.22 	investigation conducted under this subdivision to make a determination whether or not 
42.23 	threatened harm or other maltreatment has occurred under subdivision 2 if an alleged 
42.24 	offender has minor children or lives with minors.
42.25 	(c) The local welfare agency shall offer appropriate social services for the purpose of 
42.26 	safeguarding and enhancing the welfare of the abused or neglected minor.

42.27 	Sec. 26. Minnesota Statutes 2006, section 626.556, subdivision 10f, is amended to read:
42.28 		Subd. 10f.Notice of determinations. Within ten working days of the conclusion 
42.29 	of a family assessment, the local welfare agency shall notify the parent or guardian of 
42.30 	the child of the need for services to address child safety concerns or significant risk of 
42.31 	subsequent child maltreatment. The local welfare agency and the family may also jointly 
42.32 	agree that family support and family preservation services are needed. Within ten working 
42.33 	days of the conclusion of an investigation, the local welfare agency or agency responsible 
42.34 	for assessing or investigating the report shall notify the parent or guardian of the child, the 
43.1 	person determined to be maltreating the child, and if applicable, the director of the facility, 
43.2 	of the determination and a summary of the specific reasons for the determination. The 
43.3 	notice must also include a certification that the information collection procedures under 
43.4 	subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the right of a 
43.5 	data subject to obtain access to other private data on the subject collected, created, or 
43.6 	maintained under this section. In addition, the notice shall include the length of time that 
43.7 	the records will be kept under subdivision 11c. The investigating agency shall notify the 
43.8 	parent or guardian of the child who is the subject of the report, and any person or facility 
43.9 	determined to have maltreated a child, of their appeal or review rights under this section 
43.10 	or section 256.022. The notice must also state that a finding of maltreatment may result 
43.11 	in denial of a license application or background study disqualification under chapter 
43.12 	245C related to employment or services that are licensed by the Department of Human 
43.13 	Services under chapter 245A, the Department of Health under chapter 144 or 144A, the 
43.14 	Department of Corrections under section 241.021, and from providing services related to 
43.15 	an unlicensed personal care provider organization under chapter 256B.

43.16 	Sec. 27. REVISOR'S INSTRUCTION.
 43.17 	(a) The revisor shall renumber Minnesota Statutes, section 626.556, subdivision 3d, 
43.18 	as Minnesota Statutes, section 626.556, subdivision 3g.
43.19 	(b) The revisor shall change references to Minnesota Statutes, section 260.851, 
43.20 	to section 260.853 and references to Minnesota Statutes, section 260.851, article 5, to 
43.21 	section 260.853, article IV, wherever those references appear in Minnesota Statutes and 
43.22 	Minnesota Rules.

43.23 	Sec. 28.  REPEALER.
 43.24 	(a) Laws 1997, chapter 8, section 1, is repealed.
43.25 	(b) Minnesota Rules, part 9560.0102, subpart 2, item C, is repealed.

43.26 	ARTICLE 2
43.27 	LICENSING

43.28 	Section 1. Minnesota Statutes 2006, section 245A.035, is amended to read:
43.29 	245A.035 RELATIVE FOSTER CARE; UNLICENSED EMERGENCY 
43.30 	LICENSE RELATIVE PLACEMENT.
43.31 		Subdivision 1.Grant of Emergency license placement. Notwithstanding section 
43.32 	245A.03, subdivision 2a, or 245C.13, subdivision 2, a county agency may place a child 
43.33 	for foster care with a relative who is not licensed to provide foster care, provided the 
44.1 	requirements of subdivision 2 this section are met. As used in this section, the term 
44.2 	"relative" has the meaning given it under section 260C.007, subdivision 27.
44.3 		Subd. 2.Cooperation with emergency licensing placement process. (a) A county 
44.4 	agency that places a child with a relative who is not licensed to provide foster care must 
44.5 	begin the process of securing an emergency license for the relative as soon as possible 
44.6 	and must conduct the initial inspection required by subdivision 3, clause (1), whenever 
44.7 	possible, prior to placing the child in the relative's home, but no later than three working 
44.8 	days after placing the child in the home. A child placed in the home of a relative who is 
44.9 	not licensed to provide foster care must be removed from that home if the relative fails 
44.10 	to cooperate with the county agency in securing an emergency foster care license. The 
44.11 	commissioner may issue an emergency foster care license to a relative with whom the 
44.12 	county agency wishes to place or has placed a child for foster care, or to a relative with 
44.13 	whom a child has been placed by court order.
44.14 	(b) If a child is to be placed in the home of a relative not licensed to provide foster 
44.15 	care, either the placing agency or the county agency in the county in which the relative 
44.16 	lives shall conduct the emergency licensing placement process as required in this section.
44.17 		Subd. 3.Requirements for emergency license placement. Before an emergency 
44.18 	license placement may be issued made, the following requirements must be met:
44.19 	(1) the county agency must conduct an initial inspection of the premises where 
44.20 	the foster care placement is to be provided made to ensure the health and safety of any 
44.21 	child placed in the home. The county agency shall conduct the inspection using a form 
44.22 	developed by the commissioner;
44.23 	(2) at the time of the inspection or placement, whichever is earlier, the county 
44.24 	agency must provide the relative being considered for an emergency license shall receive
44.25 	placement an application form for a child foster care license;
44.26 	(3) whenever possible, prior to placing the child in the relative's home, the relative 
44.27 	being considered for an emergency license placement shall provide the information 
44.28 	required by section 245C.05; and 
44.29 	(4) if the county determines, prior to the issuance of an emergency license
44.30 	placement, that anyone requiring a background study may be prior to licensure of the 
44.31 	home is disqualified under section 245C.14 and chapter 245C, and the disqualification 
44.32 	is one which the commissioner cannot set aside, an emergency license shall placement 
44.33 	must not be issued made. 
44.34 		Subd. 4.Applicant study. When the county agency has received the information 
44.35 	required by section 245C.05, the county agency shall begin an applicant study according to 
44.36 	the procedures in chapter 245C. The commissioner may issue an emergency license upon 
45.1 	recommendation of the county agency once the initial inspection has been successfully 
45.2 	completed and the information necessary to begin the applicant background study has been 
45.3 	provided. If the county agency does not recommend that the emergency license be granted, 
45.4 	the agency shall notify the relative in writing that the agency is recommending denial to the 
45.5 	commissioner; shall remove any child who has been placed in the home prior to licensure; 
45.6 	and shall inform the relative in writing of the procedure to request review pursuant to 
45.7 	subdivision 6. An emergency license shall be effective until a child foster care license is 
45.8 	granted or denied, but shall in no case remain in effect more than 120 days from the date 
45.9 	of placement submit the information to the commissioner according to section 245C.05. 
45.10 		Subd. 5.Child foster care license application. (a) The relatives with whom the 
45.11 	emergency license holder placement has been made shall complete the child foster care 
45.12 	license application and necessary paperwork within ten days of the placement. The county 
45.13 	agency shall assist the emergency license holder applicant to complete the application. 
45.14 	The granting of a child foster care license to a relative shall be under the procedures in this 
45.15 	chapter and according to the standards set forth by foster care rule in Minnesota Rules, 
45.16 	chapter 2960. In licensing a relative, the commissioner shall consider the importance of 
45.17 	maintaining the child's relationship with relatives as an additional significant factor in 
45.18 	determining whether to a background study disqualification should be set aside a licensing 
45.19 	disqualifier under section 245C.22, or to grant a variance of licensing requirements should 
45.20 	be granted under sections 245C.21 to 245C.27 section 245C.30.
45.21 	(b) When the county or private child-placing agency is processing an application 
45.22 	for child foster care licensure of a relative as defined in section 260B.007, subdivision 
45.23 	12, or 260C.007, subdivision 27, the county agency or child-placing agency must explain 
45.24 	the licensing process to the prospective licensee, including the background study process 
45.25 	and the procedure for reconsideration of an initial disqualification for licensure. The 
45.26 	county or private child-placing agency must also provide the prospective relative licensee 
45.27 	with information regarding appropriate options for legal representation in the pertinent 
45.28 	geographic area. If a relative is initially disqualified under section 245C.14, the county 
45.29 	or child-placing agency commissioner must provide written notice of the reasons for the 
45.30 	disqualification and the right to request a reconsideration by the commissioner as required 
45.31 	under section 245C.17.
45.32 	(c) The commissioner shall maintain licensing data so that activities related to 
45.33 	applications and licensing actions for relative foster care providers may be distinguished 
45.34 	from other child foster care settings.
45.35 		Subd. 6.Denial of emergency license. If the commissioner denies an application 
45.36 	for an emergency foster care license under this section, that denial must be in writing and 
46.1 	must include reasons for the denial. Denial of an emergency license is not subject to 
46.2 	appeal under chapter 14. The relative may request a review of the denial by submitting 
46.3 	to the commissioner a written statement of the reasons an emergency license should be 
46.4 	granted. The commissioner shall evaluate the request for review and determine whether 
46.5 	to grant the emergency license. The commissioner's review shall be based on a review 
46.6 	of the records submitted by the county agency and the relative. Within 15 working 
46.7 	days of the receipt of the request for review, the commissioner shall notify the relative 
46.8 	requesting review in written form whether the emergency license will be granted. The 
46.9 	commissioner's review shall be based on a review of the records submitted by the county 
46.10 	agency and the relative. A child shall not be placed or remain placed in the relative's home 
46.11 	while the request for review is pending. Denial of an emergency license shall not preclude 
46.12 	an individual from reapplying for an emergency license or from applying for a child foster 
46.13 	care license. The decision of the commissioner is the final administrative agency action.

46.14 	Sec. 2. Minnesota Statutes 2006, section 245A.16, subdivision 1, is amended to read:
46.15 		Subdivision 1.Delegation of authority to agencies. (a) County agencies and 
46.16 	private agencies that have been designated or licensed by the commissioner to perform 
46.17 	licensing functions and activities under section 245A.04and; background studies for 
46.18 	adult foster care, family adult day services, and family child care under chapter 245C,;
46.19 	to recommend denial of applicants under section 245A.05,; to issue correction orders, 
46.20 	to issue variances, and recommend a conditional license under section 245A.06, or to 
46.21 	recommend suspending or revoking a license or issuing a fine under section 245A.07,;
46.22 	shall comply with rules and directives of the commissioner governing those functions and 
46.23 	with this section. The following variances are excluded from the delegation of variance 
46.24 	authority and may be issued only by the commissioner:
46.25 	(1) dual licensure of family child care and child foster care, dual licensure of child 
46.26 	and adult foster care, and adult foster care and family child care;
46.27 	(2) adult foster care maximum capacity;
46.28 	(3) adult foster care minimum age requirement;
46.29 	(4) child foster care maximum age requirement;
46.30 	(5) variances regarding disqualified individuals except that county agencies may 
46.31 	issue variances under section 245C.30 regarding disqualified individuals when the county 
46.32 	is responsible for conducting a consolidated reconsideration according to sections 245C.25
46.33 	and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination 
46.34 	and a disqualification based on serious or recurring maltreatment; and
47.1 	(6) the required presence of a caregiver in the adult foster care residence during 
47.2 	normal sleeping hours.
47.3 	(b) County agencies must report:
47.4 	(1) information about disqualification reconsiderations under sections 245C.25 and 
47.5 	245C.27, subdivision 2, clauses paragraphs (a) and (b), and variances granted under 
47.6 	paragraph (a), clause (5), to the commissioner at least monthly in a format prescribed by 
47.7 	the commissioner; and.
47.8 	(2) for relative child foster care applicants and license holders, the number of 
47.9 	relatives, as defined in section 260C.007, subdivision 27, and household members of 
47.10 	relatives who are disqualified under section 245C.14; the disqualifying characteristics 
47.11 	under section 245C.15; the number of these individuals who requested reconsideration 
47.12 	under section 245C.21; the number of set-asides under section 245C.22; and variances 
47.13 	under section 245C.30 issued. This information shall be reported to the commissioner 
47.14 	annually by January 15 of each year in a format prescribed by the commissioner.
47.15 	(c) For family day care programs, the commissioner may authorize licensing reviews 
47.16 	every two years after a licensee has had at least one annual review.
47.17 	(d) For family adult day services programs, the commissioner may authorize 
47.18 	licensing reviews every two years after a licensee has had at least one annual review.
47.19 	(e) A license issued under this section may be issued for up to two years.

47.20 	Sec. 3. Minnesota Statutes 2006, section 245A.16, subdivision 3, is amended to read:
47.21 		Subd. 3.Recommendations to the commissioner. The county or private agency 
47.22 	shall not make recommendations to the commissioner regarding licensure without 
47.23 	first conducting an inspection, and for adult foster care, family adult day services, and 
47.24 	family child care, a background study of the applicant, and evaluation pursuant to under
47.25 	chapter 245C. The county or private agency must forward its recommendation to the 
47.26 	commissioner regarding the appropriate licensing action within 20 working days of 
47.27 	receipt of a completed application.

47.28 	Sec. 4. Minnesota Statutes 2006, section 245C.02, is amended by adding a subdivision 
47.29 	to read:
47.30 		Subd. 14a.Private agency. "Private agency" has the meaning given in section 
47.31 	245A.02, subdivision 12.

47.32 	Sec. 5. Minnesota Statutes 2006, section 245C.04, subdivision 1, is amended to read:
48.1 		Subdivision 1.Licensed programs. (a) The commissioner shall conduct a 
48.2 	background study of an individual required to be studied under section 245C.03, 
48.3 	subdivision 1, at least upon application for initial license for all license types. 
48.4 	(b) The commissioner shall conduct a background study of an individual required to 
48.5 	be studied under section 245C.03, subdivision 1, at reapplication for a license for family 
48.6 	child care, child foster care, and adult foster care, and family adult day services. 
48.7 	(c) The commissioner is not required to conduct a study of an individual at the time 
48.8 	of reapplication for a license if the individual's background study was completed by the 
48.9 	commissioner of human services for an adult foster care license holder that is also:
48.10 	(1) registered under chapter 144D; or
48.11 	(2) licensed to provide home and community-based services to people with 
48.12 	disabilities at the foster care location and the license holder does not reside in the foster 
48.13 	care residence; and
48.14 	(3) the following conditions are met:
48.15 	(i) a study of the individual was conducted either at the time of initial licensure or 
48.16 	when the individual became affiliated with the license holder;
48.17 	(ii) the individual has been continuously affiliated with the license holder since 
48.18 	the last study was conducted; and
48.19 	(iii) the last study of the individual was conducted on or after October 1, 1995.
48.20 	(d)  From July 1, 2007, to June 30, 2009, the commissioner of human services shall 
48.21 	conduct a study of an individual required to be studied under section 245C.03 at the 
48.22 	time of reapplication for a child foster care license. The county or private agency shall 
48.23 	collect and forward to the commissioner the information required under section 245C.05, 
48.24 	subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background 
48.25 	study conducted by the commissioner of human services under this paragraph must 
48.26 	include a review of the information required under section 245C.08, subdivisions 1, 
48.27 	paragraph (a), clauses (1) to (4), and 3. 
48.28 	(e) The commissioner of human services shall conduct a background study of an 
48.29 	individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) 
48.30 	to (6), who is newly affiliated with a child foster care license holder. The county or 
48.31 	private agency shall collect and forward to the commissioner the information required 
48.32 	under section 245C.05, subdivisions 1 and 5. The background study conducted by the 
48.33 	commissioner of human services under this paragraph must include a review of the 
48.34 	information required under section 245C.08, subdivisions 1, paragraph (a), and 3.
48.35 	(f) Applicants for licensure, license holders, and other entities as provided in this 
48.36 	chapter must submit completed background study forms to the commissioner before 
49.1 	individuals specified in section 245C.03, subdivision 1, begin positions allowing direct 
49.2 	contact in any licensed program. 
49.3 	(e) (g) For purposes of this section, a physician licensed under chapter 147 is 
49.4 	considered to be continuously affiliated upon the license holder's receipt from the 
49.5 	commissioner of health or human services of the physician's background study results.

49.6 	Sec. 6. Minnesota Statutes 2006, section 245C.05, subdivision 1, is amended to read:
49.7 		Subdivision 1.Individual studied. (a) The individual who is the subject of the 
49.8 	background study must provide the applicant, license holder, or other entity under section 
49.9 	245C.04 with sufficient information to ensure an accurate study, including: 
49.10 	(1) the individual's first, middle, and last name and all other names by which the 
49.11 	individual has been known;
49.12 	(2) home address, city, and state of residence;
49.13 	(3) zip code;
49.14 	(4) sex;
49.15 	(5) date of birth; and
49.16 	(6) Minnesota driver's license number or state identification number.
49.17 	(b) Every subject of a background study conducted by counties or private agencies 
49.18 	under this chapter must also provide the home address, city, county, and state of residence 
49.19 	for the past five years.
49.20 	(c) Every subject of a background study related to child foster care through a private 
49.21 	agency shall also provide the commissioner a signed consent for the release of any 
49.22 	information received from national crime information databases to the private agency that 
49.23 	initiated the background study. 
49.24 	(d) The subject of a background study shall provide fingerprints as required in 
49.25 	subdivision 5, paragraph (c).

49.26 	Sec. 7. Minnesota Statutes 2006, section 245C.05, is amended by adding a subdivision 
49.27 	to read:
49.28 		Subd. 2a.County or private agency. For background studies related to child foster 
49.29 	care, county and private agencies must collect the information under subdivision 1 and 
49.30 	forward it to the commissioner.

49.31 	Sec. 8. Minnesota Statutes 2006, section 245C.05, subdivision 4, is amended to read:
50.1 		Subd. 4.Electronic transmission. For background studies conducted by the 
50.2 	Department of Human Services, the commissioner shall implement a system for the 
50.3 	electronic transmission of:
50.4 	(1) background study information to the commissioner; and
50.5 	(2) background study results to the license holder; and
50.6 	(3) background study results to county and private agencies for background studies 
50.7 	conducted by the commissioner for child foster care.

50.8 	Sec. 9. Minnesota Statutes 2006, section 245C.05, subdivision 5, is amended to read:
50.9 		Subd. 5.Fingerprints. (a) Except as provided in paragraph (c), for any background 
50.10 	study completed under this chapter, when the commissioner has reasonable cause to 
50.11 	believe that further pertinent information may exist on the subject of the background 
50.12 	study, the subject shall provide the commissioner with a set of classifiable fingerprints 
50.13 	obtained from an authorized law enforcement agency.
50.14 	(b) For purposes of requiring fingerprints, the commissioner has reasonable cause 
50.15 	when, but not limited to, the:
50.16 	(1) information from the Bureau of Criminal Apprehension indicates that the subject 
50.17 	is a multistate offender;
50.18 	(2) information from the Bureau of Criminal Apprehension indicates that multistate 
50.19 	offender status is undetermined; or
50.20 	(3) commissioner has received a report from the subject or a third party indicating 
50.21 	that the subject has a criminal history in a jurisdiction other than Minnesota.
50.22 	(c) Except as specified under section 245C.04, subdivision 1, paragraph (d), for 
50.23 	background studies conducted by the commissioner for child foster care, the subject of the 
50.24 	background study shall provided the commissioner with a set of classifiable fingerprints 
50.25 	obtained from an authorized agency.

50.26 	Sec. 10. Minnesota Statutes 2006, section 245C.05, subdivision 7, is amended to read:
50.27 		Subd. 7.Probation officer and corrections agent. (a) A probation officer or 
50.28 	corrections agent shall notify the commissioner of an individual's conviction if the 
50.29 	individual is:
50.30 	(1) affiliated with a program or facility regulated by the Department of Human 
50.31 	Services or Department of Health, a facility serving children or youth licensed by the 
50.32 	Department of Corrections, or any type of home care agency or provider of personal care 
50.33 	assistance services; and
50.34 	(2) convicted of a crime constituting a disqualification under section 245C.14. 
51.1 	(b) For the purpose of this subdivision, "conviction" has the meaning given it 
51.2 	in section 609.02, subdivision 5. 
51.3 	(c) The commissioner, in consultation with the commissioner of corrections, shall 
51.4 	develop forms and information necessary to implement this subdivision and shall provide 
51.5 	the forms and information to the commissioner of corrections for distribution to local 
51.6 	probation officers and corrections agents.
51.7 	(d) The commissioner shall inform individuals subject to a background study that 
51.8 	criminal convictions for disqualifying crimes will be reported to the commissioner by the 
51.9 	corrections system.
51.10 	(e) A probation officer, corrections agent, or corrections agency is not civilly or 
51.11 	criminally liable for disclosing or failing to disclose the information required by this 
51.12 	subdivision.
51.13 	(f) Upon receipt of disqualifying information, the commissioner shall provide the 
51.14 	notice required under section 245C.17, as appropriate, to agencies on record as having 
51.15 	initiated a background study or making a request for documentation of the background 
51.16 	study status of the individual. 
51.17 	(g) This subdivision does not apply to family child care and child foster care
51.18 	programs.

51.19 	Sec. 11. Minnesota Statutes 2006, section 245C.08, subdivision 1, is amended to read:
51.20 		Subdivision 1.Background studies conducted by commissioner of human 
51.21 	services. (a) For a background study conducted by the commissioner, the commissioner 
51.22 	shall review:
51.23 	(1) information related to names of substantiated perpetrators of maltreatment of 
51.24 	vulnerable adults that has been received by the commissioner as required under section 
51.25 	626.557, subdivision 9c, paragraph (i);
51.26 	(2) the commissioner's records relating to the maltreatment of minors in licensed 
51.27 	programs, and from county agency findings of maltreatment of minors as indicated 
51.28 	through the social service information system;
51.29 	(3) information from juvenile courts as required in subdivision 4 for individuals 
51.30 	listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and
51.31 	(4) information from the Bureau of Criminal Apprehension; and
51.32 	(5) for a background study related to a child foster care application for licensure, the 
51.33 	commissioner shall also review: 
51.34 	(i) information from the child abuse and neglect registry for any state in which the 
51.35 	background study subject has resided in for the past five years; and 
52.1 	(ii) information from national crime information databases.
52.2 	(b) Notwithstanding expungement by a court, the commissioner may consider 
52.3 	information obtained under paragraph (a), clauses (3) and (4), unless the commissioner 
52.4 	received notice of the petition for expungement and the court order for expungement is 
52.5 	directed specifically to the commissioner.

52.6 	Sec. 12. Minnesota Statutes 2006, section 245C.08, subdivision 2, is amended to read:
52.7 		Subd. 2.Background studies conducted by a county or private agency. (a) For 
52.8 	a background study conducted by a county or private agency for child foster care, adult 
52.9 	foster care, family adult day services, and family child care homes, the commissioner 
52.10 	shall review:
52.11 	(1) information from the county agency's record of substantiated maltreatment 
52.12 	of adults and the maltreatment of minors;
52.13 	(2) information from juvenile courts as required in subdivision 4 for individuals 
52.14 	listed in section 245C.03, subdivision 1, clauses (2), (5), and (6);
52.15 	(3) information from the Bureau of Criminal Apprehension; and
52.16 	(4) arrest and investigative records maintained by the Bureau of Criminal 
52.17 	Apprehension, county attorneys, county sheriffs, courts, county agencies, local police, the 
52.18 	National Criminal Records Repository, and criminal records from other states.
52.19 	(b) If the individual has resided in the county for less than five years, the study shall 
52.20 	include the records specified under paragraph (a) for the previous county or counties of 
52.21 	residence for the past five years.
52.22 	(c) Notwithstanding expungement by a court, the county or private agency may 
52.23 	consider information obtained under paragraph (a), clauses (3) and (4), unless the 
52.24 	commissioner received notice of the petition for expungement and the court order for 
52.25 	expungement is directed specifically to the commissioner.

52.26 	Sec. 13. Minnesota Statutes 2006, section 245C.10, is amended by adding a 
52.27 	subdivision to read:
52.28 		Subd. 4.Temporary personnel agencies, educational programs, and professional 
52.29 	services agencies. The commissioner shall recover the cost of the background studies 
52.30 	initiated by temporary personnel agencies, educational programs, and professional 
52.31 	services agencies that initiate background studies under section 245C.03, subdivision 4, 
52.32 	through a fee of no more than $20 per study charged to the agency. The fees collected 
52.33 	under this subdivision are appropriated to the commissioner for the purpose of conducting 
52.34 	background studies.

53.1 	Sec. 14. Minnesota Statutes 2006, section 245C.11, subdivision 1, is amended to read:
53.2 		Subdivision 1.Adult foster care; criminal conviction data. For individuals who 
53.3 	are required to have background studies under section 245C.03, subdivisions 1 and 2, and 
53.4 	who have been continuously affiliated with a an adult foster care provider that is licensed 
53.5 	in more than one county, criminal conviction data may be shared among those counties in 
53.6 	which the adult foster care programs are licensed. A county agency's receipt of criminal 
53.7 	conviction data from another county agency shall meet the criminal data background 
53.8 	study requirements of this chapter. 

53.9 	Sec. 15. Minnesota Statutes 2006, section 245C.11, subdivision 2, is amended to read:
53.10 		Subd. 2.Jointly licensed programs. A county agency may accept a background 
53.11 	study completed by the commissioner under this chapter in place of the background study 
53.12 	required under section 245A.16, subdivision 3, in programs with joint licensure as home 
53.13 	and community-based services and adult foster care for people with developmental 
53.14 	disabilities when the license holder does not reside in the adult foster care residence and 
53.15 	the subject of the study has been continuously affiliated with the license holder since the 
53.16 	date of the commissioner's study. 

53.17 	Sec. 16. Minnesota Statutes 2006, section 245C.12, is amended to read:
53.18 	245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.
53.19 	(a) For the purposes of background studies completed by tribal organizations 
53.20 	performing licensing activities otherwise required of the commissioner under this chapter, 
53.21 	after obtaining consent from the background study subject, tribal licensing agencies shall 
53.22 	have access to criminal history data in the same manner as county licensing agencies and 
53.23 	private licensing agencies under this chapter.
53.24 	(b) Tribal organizations may contract with the commissioner to obtain background 
53.25 	study data on individuals under tribal jurisdiction related to adoptions according to 
53.26 	section 245C.34. Tribal organizations may also contract with the commissioner to obtain 
53.27 	background study data on individuals under tribal jurisdiction related to child foster care 
53.28 	according to section 245C.34.

53.29 	Sec. 17. Minnesota Statutes 2006, section 245C.16, subdivision 1, is amended to read:
53.30 		Subdivision 1.Determining immediate risk of harm. (a) If the commissioner 
53.31 	determines that the individual studied has a disqualifying characteristic, the commissioner 
53.32 	shall review the information immediately available and make a determination as to the 
54.1 	subject's immediate risk of harm to persons served by the program where the individual 
54.2 	studied will have direct contact.
54.3 	(b) The commissioner shall consider all relevant information available, including the 
54.4 	following factors in determining the immediate risk of harm:
54.5 	(1) the recency of the disqualifying characteristic;
54.6 	(2) the recency of discharge from probation for the crimes;
54.7 	(3) the number of disqualifying characteristics;
54.8 	(4) the intrusiveness or violence of the disqualifying characteristic;
54.9 	(5) the vulnerability of the victim involved in the disqualifying characteristic;
54.10 	(6) the similarity of the victim to the persons served by the program where the 
54.11 	individual studied will have direct contact; and
54.12 	(7) whether the individual has a disqualification from a previous background study 
54.13 	that has not been set aside.
54.14 	(c) This section does not apply when the subject of a background study is regulated 
54.15 	by a health-related licensing board as defined in chapter 214, and the subject is determined 
54.16 	to be responsible for substantiated maltreatment under section 626.556 or 626.557. 
54.17 	(d) This section does not apply to a background study related to an initial application 
54.18 	for a child foster care license.
54.19 	(e) If the commissioner has reason to believe, based on arrest information or an 
54.20 	active maltreatment investigation, that an individual poses an imminent risk of harm to 
54.21 	persons receiving services, the commissioner may order that the person be continuously 
54.22 	supervised or immediately removed pending the conclusion of the maltreatment 
54.23 	investigation or criminal proceedings.

54.24 	Sec. 18. Minnesota Statutes 2006, section 245C.17, is amended by adding a 
54.25 	subdivision to read:
54.26 		Subd. 5.Notice to county or private agency. For studies on individuals related to a 
54.27 	license to provide child foster care, the commissioner shall also provide a notice of the 
54.28 	background study results to the county or private agency that initiated the background 
54.29 	study.

54.30 	Sec. 19. Minnesota Statutes 2006, section 245C.21, is amended by adding a 
54.31 	subdivision to read:
54.32 		Subd. 1a.Submission of reconsideration request to county or private agency.
 54.33 	(a) For disqualifications related to studies conducted by county agencies, and for 
54.34 	disqualifications related to studies conducted by the commissioner for child foster care, 
55.1 	the individual shall submit the request for reconsideration to the county or private agency 
55.2 	that initiated the background study. 
55.3 	(b) A reconsideration request shall be submitted within the time frames specified 
55.4 	in section 69.13, subdivision 2. 
55.5 	(c) The county or private agency shall forward the individual's request for 
55.6 	reconsideration and provide the commissioner with a recommendation whether to set aside 
55.7 	the individual's disqualification.

55.8 	Sec. 20. Minnesota Statutes 2006, section 245C.23, subdivision 2, is amended to read:
55.9 		Subd. 2.Commissioner's notice of disqualification that is not set aside. (a) The 
55.10 	commissioner shall notify the license holder of the disqualification and order the license 
55.11 	holder to immediately remove the individual from any position allowing direct contact 
55.12 	with persons receiving services from the license holder if:
55.13 	(1) the individual studied does not submit a timely request for reconsideration 
55.14 	under section 245C.21; 
55.15 	(2) the individual submits a timely request for reconsideration, but the commissioner 
55.16 	does not set aside the disqualification for that license holder under section 245C.22; 
55.17 	(3) an individual who has a right to request a hearing under sections 245C.27 and 
55.18 	256.045, or 245C.28 and chapter 14 for a disqualification that has not been set aside, does 
55.19 	not request a hearing within the specified time; or 
55.20 	(4) an individual submitted a timely request for a hearing under sections 245C.27
55.21 	and 256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the 
55.22 	disqualification under section 245A.08, subdivision 5, or 256.045. 
55.23 	(b) If the commissioner does not set aside the disqualification under section 245C.22, 
55.24 	and the license holder was previously ordered under section 245C.17 to immediately 
55.25 	remove the disqualified individual from direct contact with persons receiving services or 
55.26 	to ensure that the individual is under continuous, direct supervision when providing direct 
55.27 	contact services, the order remains in effect pending the outcome of a hearing under 
55.28 	sections 245C.27 and 256.045, or 245C.28 and chapter 14. 
55.29 	(c) For background studies related to child foster care, the commissioner shall 
55.30 	also notify the county or private agency that initiated the study of the results of the 
55.31 	reconsideration.

55.32 	Sec. 21. [245C.33] ADOPTION BACKGROUND STUDY REQUIREMENTS.
55.33 		Subdivision 1.Background studies conducted by commissioner. Before 
55.34 	placement of a child for purposes of adoption, the commissioner shall conduct a 
56.1 	background study on individuals listed in section 259.41, subdivision 3, for county 
56.2 	agencies and private agencies licensed to place children for adoption.
56.3 		Subd. 2.Information and data provided to county or private agency. The 
56.4 	subject of the background study shall provide the following information to the county 
56.5 	or private agency: 
56.6 	(1) the information specified in section 245C.05; 
56.7 	(2) a set of classifiable fingerprints obtained from an authorized agency; and 
56.8 	(3) for studies initiated by a private agency, a signed consent for the release of 
56.9 	information received from national crime information databases to the private agency.
56.10 		Subd. 3.Information and data provided to commissioner. The county or private 
56.11 	agency shall forward the data collected under subdivision 2 to the commissioner.
56.12 		Subd. 4.Information commissioner reviews. (a) The commissioner shall review 
56.13 	the following information regarding the background study subject: 
56.14 	(1) the information under section 245C.08, subdivisions 1, 3, and 4; 
56.15 	(2) information from the child abuse and neglect registry for any state in which the 
56.16 	subject has resided for the past five years; and 
56.17 	(3) information from national crime information databases. 
56.18 	(b) The commissioner shall provide any information collected under this subdivision 
56.19 	to the county or private agency that initiated the background study. The commissioner 
56.20 	shall indicate if the information collected shows that the subject of the background study 
56.21 	has a conviction listed in United States Code, title 42, section 671(a)(20)(A).

56.22 	Sec. 22. [245C.34] ADOPTION AND CHILD FOSTER CARE BACKGROUND 
56.23 	STUDIES; TRIBAL ORGANIZATIONS.
56.24 		Subdivision 1.Background studies may be conducted by commissioner. (a) 
56.25 	Tribal organizations may contract with the commissioner under section 245C.12 to obtain 
56.26 	background study data on individuals under tribal jurisdiction related to adoptions. 
56.27 	(b) Tribal organizations may contract with the commissioner under section 245C.12 
56.28 	to obtain background study data on individuals under tribal jurisdiction related to child 
56.29 	foster care. 
56.30 	(c) Background studies initiated by tribal organizations under paragraphs (a) and (b) 
56.31 	must be conducted as provided in subdivisions 2 and 3.
56.32 		Subd. 2.Information and data provided to tribal organization. The background 
56.33 	study subject must provide the following information to the tribal organization: 
56.34 	(1) for background studies related to adoptions, the information under section 
56.35 	245C.05; 
57.1 	(2) for background studies related to child foster care, the information under section 
57.2 	245C.05; 
57.3 	(3) a set of classifiable fingerprints obtained from an authorized agency; and 
57.4 	(4) a signed consent for the release of information received from national crime 
57.5 	information databases to the tribal organization.
57.6 		Subd. 3.Information and data provided to commissioner. The tribal organization 
57.7 	shall forward the data collected under subdivision 2 to the commissioner.
57.8 		Subd. 4.Information commissioner reviews. (a) The commissioner shall review 
57.9 	the following information regarding the background study subject: 
57.10 	(1) the information under section 245C.08, subdivisions 1, 3, and 4; 
57.11 	(2) information from the child abuse and neglect registry for any state in which the 
57.12 	subject has resided for the past five years; and 
57.13 	(3) information from national crime information databases. 
57.14 	(b) The commissioner shall provide any information collected under this subdivision 
57.15 	to the tribal organization that initiated the background study. The commissioner shall 
57.16 	indicate if the information collected shows that the subject of the background study has a 
57.17 	conviction listed in United States Code, title 42, section 671(a)(20)(A).

57.18 	Sec. 23. Minnesota Statutes 2006, section 259.20, subdivision 2, is amended to read:
57.19 		Subd. 2.Other applicable law. (a) Portions of chapters 245A, 245C, 257, 260, and 
57.20 	317A may also affect the adoption of a particular child. 
57.21 	(b) Provisions of the Indian Child Welfare Act, United States Code, title 25, chapter 
57.22 	21, sections 1901-1923, may also apply in the adoption of an Indian child, and may 
57.23 	preempt specific provisions of this chapter.
57.24 	(c) Consistent with chapters 245A and 245C and Public Law 109-248, a completed 
57.25 	background study is required before the approval of any foster or adoptive placement in 
57.26 	a related or an unrelated home.

57.27 	Sec. 24. Minnesota Statutes 2006, section 259.29, subdivision 1, is amended to read:
57.28 		Subdivision 1.Best interests of the child. (a) The policy of the state of Minnesota 
57.29 	is to ensure that the best interests of the child are met by requiring individualized 
57.30 	determination of the needs of the child and of how the adoptive placement will serve the 
57.31 	needs of the child.
57.32 	(b) Among the factors the agency shall consider in determining the needs of the child 
57.33 	are those specified under section 260C.193, subdivision 3, paragraph (b). 
58.1 	(c) Except for emergency placements provided for in section 245A.03, a completed 
58.2 	background study is required under section 245C.33 before the approval of an adoptive 
58.3 	placement in a home.

58.4 	Sec. 25. Minnesota Statutes 2006, section 259.41, is amended to read:
58.5 	259.41 ADOPTION STUDY.
58.6 		Subdivision 1.Study required before placement; certain relatives excepted. (a) 
58.7 	An approved adoption study; completed background study, as required under section 
58.8 	245C.33; and written report must be completed before the child is placed in a prospective 
58.9 	adoptive home under this chapter, except as allowed by section 259.47, subdivision 6. 
58.10 	In an agency placement, the report must be filed with the court at the time the adoption 
58.11 	petition is filed. In a direct adoptive placement, the report must be filed with the court in 
58.12 	support of a motion for temporary preadoptive custody under section 259.47, subdivision 
58.13 	3, or, if the study and report are complete, in support of an emergency order under section 
58.14 	259.47, subdivision 6. The study and report shall be completed by a licensed child-placing 
58.15 	agency and must be thorough and comprehensive. The study and report shall be paid for 
58.16 	by the prospective adoptive parent, except as otherwise required under section 259.67
58.17 	or 259.73. 
58.18 	(b) A placement for adoption with an individual who is related to the child, as 
58.19 	defined by section 245A.02, subdivision 13, is not subject to this section except as required 
58.20 	by section sections 245C.33 and259.53, subdivision 2, paragraph (c). 
58.21 	(c) In the case of a licensed foster parent seeking to adopt a child who is in the foster 
58.22 	parent's care, any portions of the foster care licensing process that duplicate requirements 
58.23 	of the home study may be submitted in satisfaction of the relevant requirements of this 
58.24 	section.
58.25 		Subd. 2.Form of study. (a) The adoption study must include at least one in-home 
58.26 	visit with the prospective adoptive parent. At a minimum, the study must include
58.27 	document the following information about the prospective adoptive parent:
58.28 	(1) a background check study as required by subdivision 3 and section 245C.33, 
58.29 	and including:
58.30 	(i) an evaluation assessment of the data and information provided by section 
58.31 	245C.33, subdivision 4, to determine if the prospective adoptive parent and any other 
58.32 	person over the age of 13 living in the home has a felony conviction consistent with 
58.33 	subdivision 3 and section 471(a)(2) of the federal Social Security Act; and
59.1 	(ii) an assessment of the effect of a any conviction or finding of substantiated 
59.2 	maltreatment on the ability to capacity of the prospective adoptive parent to safely care for 
59.3 	and parent a child;
59.4 	(2) a medical and social history and assessment of current health;
59.5 	(3) an assessment of potential parenting skills;
59.6 	(4) an assessment of ability to provide adequate financial support for a child; and
59.7 	(5) an assessment of the level of knowledge and awareness of adoption issues 
59.8 	including, where appropriate, matters relating to interracial, cross-cultural, and special 
59.9 	needs adoptions.
59.10 	(b) The adoption study is the basis for completion of a written report. The report 
59.11 	must be in a format specified by the commissioner and must contain recommendations 
59.12 	regarding the suitability of the subject of the study to be an adoptive parent.
59.13 		Subd. 3.Background check; affidavit of history study. (a) At the time an adoption 
59.14 	study is commenced, each prospective adoptive parent must:
59.15 	(1) authorize access by the agency to any private data needed to complete the study;
59.16 	(2) provide all addresses at which the prospective adoptive parent and anyone in the 
59.17 	household over the age of 13 has resided in the previous five years; and
59.18 	(3) disclose any names used previously other than the name used at the time of 
59.19 	the study.
59.20 	(b) When the requirements of paragraph (a) have been met, the agency shall 
59.21 	immediately begin initiate a background check study under section 245C.33 to be 
59.22 	completed by the commissioner, on each person over the age of 13 living in the home, 
59.23 	consisting, at a minimum, of the following:. As required under section 245C.33 and Public 
59.24 	Law 109-248, a completed background study is required before the approval of any foster 
59.25 	or adoptive placement in a related or an unrelated home. The required background study 
59.26 	must be completed as part of the home study.
59.27 	(1) a check of criminal conviction data with the Bureau of Criminal Apprehension 
59.28 	and local law enforcement authorities;
59.29 	(2) a check for data on substantiated maltreatment of a child or vulnerable adult 
59.30 	and domestic violence data with local law enforcement and social services agencies and 
59.31 	district courts; and
59.32 	(3) for those persons under the age of 25, a check of juvenile court records.
59.33 	Notwithstanding the provisions of section 260B.171 or 260C.171, the Bureau of 
59.34 	Criminal Apprehension, local law enforcement and social services agencies, district courts, 
59.35 	and juvenile courts shall release the requested information to the agency completing 
59.36 	the adoption study.
60.1 	(c) When paragraph (b) requires checking the data or records of local law 
60.2 	enforcement and social services agencies and district and juvenile courts, the agency 
60.3 	shall check with the law enforcement and social services agencies and courts whose 
60.4 	jurisdictions cover the addresses under paragraph (a), clause (2). In the event that the 
60.5 	agency is unable to complete any of the record checks required by paragraph (b), the 
60.6 	agency shall document the fact and the agency's efforts to obtain the information.
60.7 	(d) For a study completed under this section, when the agency has reasonable 
60.8 	cause to believe that further information may exist on the prospective adoptive parent or 
60.9 	household member over the age of 13 that may relate to the health, safety, or welfare of 
60.10 	the child, the prospective adoptive parent or household member over the age of 13 shall 
60.11 	provide the agency with a set of classifiable fingerprints obtained from an authorized law 
60.12 	enforcement agency and the agency may obtain criminal history data from the National 
60.13 	Criminal Records Repository by submitting fingerprints to the Bureau of Criminal 
60.14 	Apprehension. The agency has reasonable cause when, but not limited to, the:
60.15 	(1) information from the Bureau of Criminal Apprehension indicates that the 
60.16 	prospective adoptive parent or household member over the age of 13 is a multistate 
60.17 	offender;
60.18 	(2) information from the Bureau of Criminal Apprehension indicates that multistate 
60.19 	offender status is undetermined;
60.20 	(3) the agency has received a report from the prospective adoptive parent or 
60.21 	household member over the age of 13 or a third party indicating that the prospective 
60.22 	adoptive parent or household member over the age of 13 has a criminal history in a 
60.23 	jurisdiction other than Minnesota; or
60.24 	(4) the prospective adoptive parent or household member over the age of 13 is or has 
60.25 	been a resident of a state other than Minnesota in the prior five years.
60.26 	(e) At any time prior to completion of the background check required under 
60.27 	paragraph (b), a prospective adoptive parent may submit to the agency conducting the 
60.28 	study a sworn affidavit stating whether they or any person residing in the household have 
60.29 	been convicted of a crime. The affidavit shall also state whether the adoptive parent or any 
60.30 	other person residing in the household is the subject of an open investigation of, or have 
60.31 	been the subject of a substantiated allegation of, child or vulnerable-adult maltreatment 
60.32 	within the past ten years. A complete description of the crime, open investigation, or 
60.33 	substantiated abuse, and a complete description of any sentence, treatment, or disposition 
60.34 	must be included. The affidavit must contain an acknowledgment that if, at any time 
60.35 	before the adoption is final, a court receives evidence leading to a conclusion that a 
60.36 	prospective adoptive parent knowingly gave false information in the affidavit, it shall be 
61.1 	determined that the adoption of the child by the prospective adoptive parent is not in the 
61.2 	best interests of the child.
61.3 	(f) For the purposes of subdivision 1 and section 259.47, subdivisions 3 and 6, an 
61.4 	adoption study is complete for placement, even though the background checks required by 
61.5 	paragraph (b) have not been completed, if each prospective adoptive parent has completed 
61.6 	the affidavit allowed by paragraph (e) and the other requirements of this section have been 
61.7 	met. The background checks required by paragraph (b) must be completed before an 
61.8 	adoption petition is filed. If an adoption study has been submitted to the court under section 
61.9 	259.47, subdivision 3 or 6, before the background checks required by paragraph (b) were 
61.10 	complete, an updated adoption study report which includes the results of the background 
61.11 	check must be filed with the adoption petition. In the event that an agency is unable to 
61.12 	complete any of the records checks required by paragraph (b), the agency shall submit with 
61.13 	the petition to adopt an affidavit documenting the agency's efforts to complete the checks.
61.14 	(c) A home study under paragraph (b) used to consider placement of any child 
61.15 	on whose behalf Title IV-E adoption assistance payments are to be made must not be 
61.16 	approved if a background study reveals a felony conviction at any time for: 
61.17 	(1) child abuse or neglect; 
61.18 	(2) spousal abuse; 
61.19 	(3) a crime against children, including child pornography; or 
61.20 	(4) a crime involving violence, including rape, sexual assault, or homicide, but not 
61.21 	including other physical assault or battery. 
61.22 	(d) A home study under paragraph (b) used to consider placement of any child 
61.23 	on whose behalf Title IV-E adoption assistance payments are to be made must not be 
61.24 	approved if a background study reveals a felony conviction within the past five years for:
61.25 	(1) physical assault or battery; or 
61.26 	(2) a drug-related offense.
61.27 		Subd. 4.Updates to adoption study; period of validity. An agency may update 
61.28 	an adoption study and report as needed, regardless of when the original study and report 
61.29 	or most recent update was completed. An update must be in a format specified by the 
61.30 	commissioner and must verify the continuing accuracy of the elements of the original 
61.31 	report and document any changes to elements of the original report. An update to a study 
61.32 	and report not originally completed under this section must ensure that the study and 
61.33 	report, as updated, meet the requirements of this section. An adoption study is valid if the 
61.34 	report has been completed or updated within the previous 12 months.

61.35 	Sec. 26. Minnesota Statutes 2006, section 259.53, subdivision 2, is amended to read:
62.1 		Subd. 2.Adoption agencies; postplacement assessment and report. (a) The 
62.2 	agency to which the petition has been referred under subdivision 1 shall conduct a 
62.3 	postplacement assessment and file a report with the court within 90 days of receipt 
62.4 	of a copy of the adoption petition. The agency shall send a copy of the report to the 
62.5 	commissioner at the time it files the report with the court. The assessment and report 
62.6 	must evaluate the environment and antecedents of the child to be adopted, the home of 
62.7 	the petitioners, whether placement with the petitioners meets the needs of the child as 
62.8 	described in section 259.57, subdivision 2. The report must include a recommendation to 
62.9 	the court as to whether the petition should or should not be granted. 
62.10 	In making evaluations and recommendations, the postplacement assessment and 
62.11 	report must, at a minimum, address the following:
62.12 	(1) the level of adaptation by the prospective adoptive parents to parenting the child;
62.13 	(2) the health and well-being of the child in the prospective adoptive parents' home;
62.14 	(3) the level of incorporation by the child into the prospective adoptive parents' 
62.15 	home, extended family, and community; and
62.16 	(4) the level of inclusion of the child's previous history into the prospective adoptive 
62.17 	home, such as cultural or ethnic practices, or contact with former foster parents or 
62.18 	biological relatives.
62.19 	(b) A postplacement adoption report is valid for 12 months following its date 
62.20 	of completion.
62.21 	(c) If the petitioner is an individual who is related to the child, as defined by section 
62.22 	245A.02, subdivision 13, the agency, as part of its postplacement assessment and report 
62.23 	under paragraph (a), shall conduct a background check meeting the requirements of 
62.24 	section 259.41, subdivision 3, paragraph (b). The prospective adoptive parent shall 
62.25 	cooperate in the completion of the background check by supplying the information and 
62.26 	authorizations described in section 259.41, subdivision 3, paragraph (a). 
62.27 	(d) (c) If the report recommends that the court not grant the petition to adopt the 
62.28 	child, the provisions of this paragraph apply. Unless the assessment and report were 
62.29 	completed by the local social services agency, the agency completing the report, at the 
62.30 	time it files the report with the court under paragraph (a), must provide a copy of the report 
62.31 	to the local social services agency in the county where the prospective adoptive parent 
62.32 	lives. The agency or local social services agency may recommend that the court dismiss 
62.33 	the petition. If the local social services agency determines that continued placement in the 
62.34 	home endangers the child's physical or emotional health, the agency shall seek a court 
62.35 	order to remove the child from the home.
63.1 	(e) (d) If, through no fault of the petitioner, the agency to whom the petition was 
63.2 	referred under subdivision 1, paragraph (b), fails to complete the assessment and file the 
63.3 	report within 90 days of the date it received a copy of the adoption petition, the court may 
63.4 	hear the petition upon giving the agency and the local social services agency, if different, 
63.5 	five days' notice by mail of the time and place of the hearing.

63.6 	Sec. 27. Minnesota Statutes 2006, section 259.57, subdivision 2, is amended to read:
63.7 		Subd. 2.Protection of child's best interests. (a) The policy of the state of 
63.8 	Minnesota is to ensure that the best interests of children are met by requiring an 
63.9 	individualized determination of the needs of the child and how the adoptive placement 
63.10 	will serve the needs of the child.
63.11 	(b) Among the factors the court shall consider in determining the needs of the child 
63.12 	are those specified under section 260C.193, subdivision 3, paragraph (b).  Consistent with 
63.13 	section 245C.33 and Public Law 109-248, a completed background study is required 
63.14 	before the approval of an adoptive placement in a home.
63.15 	(c) In reviewing adoptive placement and in determining appropriate adoption, 
63.16 	the court shall consider placement, consistent with the child's best interests and in the 
63.17 	following order, with (1) a relative or relatives of the child, or (2) an important friend with 
63.18 	whom the child has resided or had significant contact. Placement of a child cannot be 
63.19 	delayed or denied based on race, color, or national origin of the adoptive parent or the 
63.20 	child. Whenever possible, siblings should be placed together unless it is determined 
63.21 	not to be in the best interests of a sibling.
63.22 	(d) If the child's birth parent or parents explicitly request that relatives and important 
63.23 	friends not be considered, the court shall honor that request consistent with the best 
63.24 	interests of the child.
63.25 	If the child's birth parent or parents express a preference for placing the child in an 
63.26 	adoptive home of the same or a similar religious background to that of the birth parent 
63.27 	or parents, the court shall place the child with a family that also meets the birth parent's 
63.28 	religious preference. Only if no family is available as described in clause (a) or (b) 
63.29 	may the court give preference to a family described in clause (c) that meets the parent's 
63.30 	religious preference.
63.31 	(e) This subdivision does not affect the Indian Child Welfare Act, United States 
63.32 	Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 
63.33 	Act, sections 260.751 to 260.835. 

64.1 	Sec. 28. Minnesota Statutes 2006, section 260C.209, is amended to read:
64.2 	260C.209 BACKGROUND CHECKS.
64.3 		Subdivision 1.Subjects. The responsible social services agency must conduct
64.4 	initiate a background check study to be completed by the commissioner under this section 
64.5 	of chapter 245C on the following individuals:
64.6 	(1) a noncustodial parent or nonadjudicated parent who is being assessed for 
64.7 	purposes of providing day-to-day care of a child temporarily or permanently under section 
64.8 	260C.212, subdivision 4, and any member of the parent's household who is over the age of 
64.9 	13 when there is a reasonable cause to believe that the parent or household member over 
64.10 	age 13 has a criminal history or a history of maltreatment of a child or vulnerable adult 
64.11 	which would endanger the child's health, safety, or welfare;
64.12 	(2) an individual whose suitability for relative placement under section 260C.212, 
64.13 	subdivision 5, is being determined and any member of the relative's household who is 
64.14 	over the age of 13 when:
64.15 	(i) the relative must be licensed for foster care; or
64.16 	(ii) the agency must conduct a background study is required under section 259.53, 
64.17 	subdivision 2; or
64.18 	(iii) the agency or the commissioner has reasonable cause to believe the relative 
64.19 	or household member over the age of 13 has a criminal history which would not make 
64.20 	transfer of permanent legal and physical custody to the relative under section 260C.201, 
64.21 	subdivision 11, in the child's best interest; and
64.22 	(3) a parent, following an out-of-home placement, when the responsible social 
64.23 	services agency has reasonable cause to believe that the parent has been convicted of a 
64.24 	crime directly related to the parent's capacity to maintain the child's health, safety, or 
64.25 	welfare or the parent is the subject of an open investigation of, or has been the subject 
64.26 	of a substantiated allegation of, child or vulnerable-adult maltreatment within the past 
64.27 	ten years.
64.28 	"Reasonable cause" means that the agency has received information or a report from the 
64.29 	subject or a third person that creates an articulable suspicion that the individual has a 
64.30 	history that may pose a risk to the health, safety, or welfare of the child. The information 
64.31 	or report must be specific to the potential subject of the background check and shall not 
64.32 	be based on the race, religion, ethnic background, age, class, or lifestyle of the potential 
64.33 	subject.
64.34 		Subd. 2.General procedures. (a) When conducting initiating a background check 
64.35 	under subdivision 1, the agency may shall require the individual being assessed to provide 
64.36 	sufficient information to ensure an accurate assessment under this section, including:
65.1 	(1) the individual's first, middle, and last name and all other names by which the 
65.2 	individual has been known;
65.3 	(2) home address, zip code, city, county, and state of residence for the past ten years;
65.4 	(3) sex;
65.5 	(4) date of birth; and
65.6 	(5) driver's license number or state identification number.
65.7 	(b) When notified by the commissioner or the responsible social services agency that 
65.8 	it is conducting an assessment under this section, the Bureau of Criminal Apprehension, 
65.9 	commissioners of health and human services, law enforcement, and county agencies must 
65.10 	provide the commissioner or responsible social services agency or county attorney with 
65.11 	the following information on the individual being assessed: criminal history data, reports 
65.12 	about the maltreatment of adults substantiated under section 626.557, and reports of 
65.13 	maltreatment of minors substantiated under section 626.556.
65.14 		Subd. 3.Multistate information. (a) For any assessment every background study
65.15 	completed under this section, if the responsible social services agency has reasonable 
65.16 	cause to believe that the individual is a multistate offender, the individual must the subject 
65.17 	of the background study shall provide the responsible social services agency or the 
65.18 	county attorney with a set of classifiable fingerprints obtained from an authorized law 
65.19 	enforcement agency. The responsible social services agency or county attorney may shall 
65.20 	provide the fingerprints to the commissioner, and the commissioner shall obtain criminal 
65.21 	history data from the National Criminal Records Repository by submitting the fingerprints 
65.22 	to the Bureau of Criminal Apprehension.
65.23 	(b) For purposes of this subdivision, the responsible social services agency has 
65.24 	reasonable cause when, but not limited to:
65.25 	(1) information from the Bureau of Criminal Apprehension indicates that the 
65.26 	individual is a multistate offender;
65.27 	(2) information from the Bureau of Criminal Apprehension indicates that multistate 
65.28 	offender status is undetermined;
65.29 	(3) the social services agency has received a report from the individual or a third 
65.30 	party indicating that the individual has a criminal history in a jurisdiction other than 
65.31 	Minnesota; or
65.32 	(4) the individual is or has been a resident of a state other than Minnesota at any 
65.33 	time during the prior ten years.
65.34 		Subd. 4.Notice upon receipt. The responsible social services agency commissioner
65.35 	must provide the subject of the background study with the results of the study as required
65.36 	under this section within 15 business days of receipt or at least 15 days prior to the hearing 
66.1 	at which the results will be presented, whichever comes first. The subject may provide 
66.2 	written information to the agency that the results are incorrect and may provide additional 
66.3 	or clarifying information to the agency and to the court through a party to the proceeding. 
66.4 	This provision does not apply to any background study conducted under chapters 245A 
66.5 	and chapter 245C.

66.6 	Sec. 29. Minnesota Statutes 2006, section 260C.212, subdivision 2, is amended to read:
66.7 		Subd. 2.Placement decisions based on best interest of the child. (a) The policy 
66.8 	of the state of Minnesota is to ensure that the child's best interests are met by requiring an 
66.9 	individualized determination of the needs of the child and of how the selected placement 
66.10 	will serve the needs of the child being placed. The authorized child-placing agency shall 
66.11 	place a child, released by court order or by voluntary release by the parent or parents, in 
66.12 	a family foster home selected by considering placement with relatives and important 
66.13 	friends in the following order:
66.14 	(1) with an individual who is related to the child by blood, marriage, or adoption; or
66.15 	(2) with an individual who is an important friend with whom the child has resided or 
66.16 	had significant contact.
66.17 	(b) Among the factors the agency shall consider in determining the needs of the 
66.18 	child are the following:
66.19 	(1) the child's current functioning and behaviors;
66.20 	(2) the medical, educational, and developmental needs of the child;
66.21 	(3) the child's history and past experience;
66.22 	(4) the child's religious and cultural needs;
66.23 	(5) the child's connection with a community, school, and church;
66.24 	(6) the child's interests and talents;
66.25 	(7) the child's relationship to current caretakers, parents, siblings, and relatives; and
66.26 	(8) the reasonable preference of the child, if the court, or the child-placing agency 
66.27 	in the case of a voluntary placement, deems the child to be of sufficient age to express 
66.28 	preferences.
66.29 	(c) Placement of a child cannot be delayed or denied based on race, color, or national 
66.30 	origin of the foster parent or the child.
66.31 	(d) Siblings should be placed together for foster care and adoption at the earliest 
66.32 	possible time unless it is determined not to be in the best interests of a sibling or unless it 
66.33 	is not possible after appropriate efforts by the responsible social services agency.
67.1 	(e) Except for emergency placements as provided for in section 245A.035, a 
67.2 	completed background study is required under section 245C.08 before the approval of a 
67.3 	foster placement in a related or unrelated home.