1.1 	A bill for an act
1.2 	relating to human services; changing child welfare provisions; extending a 
1.3 	disability pilot project two years;amending Minnesota Statutes 2006, sections 
1.4 	256.01, subdivision 2; 256B.69, subdivision 23; 259.24, subdivision 3; 259.53, 
1.5 	subdivision 1; 259.57, subdivision 1; 259.67, subdivisions 4, 7; 259.75, 
1.6 	subdivision 8; 260.012; 260.755, subdivisions 12, 20; 260.761, subdivision 7; 
1.7 	260.765, subdivision 5; 260.771, subdivisions 1, 2; 260B.157, subdivision 1; 
1.8 	260C.152, subdivision 5; 260C.163, subdivision 1; 260C.201, subdivision 11; 
1.9 	260C.212, subdivisions 1, 4, 9; 260C.317, subdivision 3; 260C.331, subdivision 
1.10 	1; 626.556, subdivisions 2, 3, 10, 10a, 10c, 10f, by adding subdivisions; 
1.11 	proposing coding for new law in Minnesota Statutes, chapter 260; repealing Laws 
1.12 	1997, chapter 8, section 1; Minnesota Rules, part 9560.0102, subpart 2, item C.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	ARTICLE 1
1.15 	CHILD WELFARE

1.16 	Section 1. Minnesota Statutes 2006, section 256.01, subdivision 2, is amended to read:
1.17 		Subd. 2.Specific powers. Subject to the provisions of section 241.021, subdivision 
1.18 	2, the commissioner of human services shall carry out the specific duties in paragraphs (a) 
1.19 	through (cc):
1.20 	(a) Administer and supervise all forms of public assistance provided for by state law 
1.21 	and other welfare activities or services as are vested in the commissioner. Administration 
1.22 	and supervision of human services activities or services includes, but is not limited to, 
1.23 	assuring timely and accurate distribution of benefits, completeness of service, and quality 
1.24 	program management. In addition to administering and supervising human services 
1.25 	activities vested by law in the department, the commissioner shall have the authority to:
2.1 	(1) require county agency participation in training and technical assistance programs 
2.2 	to promote compliance with statutes, rules, federal laws, regulations, and policies 
2.3 	governing human services;
2.4 	(2) monitor, on an ongoing basis, the performance of county agencies in the 
2.5 	operation and administration of human services, enforce compliance with statutes, rules, 
2.6 	federal laws, regulations, and policies governing welfare services and promote excellence 
2.7 	of administration and program operation;
2.8 	(3) develop a quality control program or other monitoring program to review county 
2.9 	performance and accuracy of benefit determinations;
2.10 	(4) require county agencies to make an adjustment to the public assistance benefits 
2.11 	issued to any individual consistent with federal law and regulation and state law and rule 
2.12 	and to issue or recover benefits as appropriate;
2.13 	(5) delay or deny payment of all or part of the state and federal share of benefits and 
2.14 	administrative reimbursement according to the procedures set forth in section 256.017;
2.15 	(6) make contracts with and grants to public and private agencies and organizations, 
2.16 	both profit and nonprofit, and individuals, using appropriated funds; and
2.17 	(7) enter into contractual agreements with federally recognized Indian tribes with 
2.18 	a reservation in Minnesota to the extent necessary for the tribe to operate a federally 
2.19 	approved family assistance program or any other program under the supervision of the 
2.20 	commissioner. The commissioner shall consult with the affected county or counties in 
2.21 	the contractual agreement negotiations, if the county or counties wish to be included, 
2.22 	in order to avoid the duplication of county and tribal assistance program services. The 
2.23 	commissioner may establish necessary accounts for the purposes of receiving and 
2.24 	disbursing funds as necessary for the operation of the programs.
2.25 	(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law, 
2.26 	regulation, and policy necessary to county agency administration of the programs.
2.27 	(c) Administer and supervise all child welfare activities; promote the enforcement of 
2.28 	laws protecting disabled, dependent, neglected and delinquent children, and children born 
2.29 	to mothers who were not married to the children's fathers at the times of the conception 
2.30 	nor at the births of the children; license and supervise child-caring and child-placing 
2.31 	agencies and institutions; supervise the care of children in boarding and foster homes or 
2.32 	in private institutions; and generally perform all functions relating to the field of child 
2.33 	welfare now vested in the State Board of Control.
2.34 	(d) Administer and supervise all noninstitutional service to disabled persons, 
2.35 	including those who are visually impaired, hearing impaired, or physically impaired 
2.36 	or otherwise disabled. The commissioner may provide and contract for the care and 
3.1 	treatment of qualified indigent children in facilities other than those located and available 
3.2 	at state hospitals when it is not feasible to provide the service in state hospitals.
3.3 	(e) Assist and actively cooperate with other departments, agencies and institutions, 
3.4 	local, state, and federal, by performing services in conformity with the purposes of Laws 
3.5 	1939, chapter 431.
3.6 	(f) Act as the agent of and cooperate with the federal government in matters of 
3.7 	mutual concern relative to and in conformity with the provisions of Laws 1939, chapter 
3.8 	431, including the administration of any federal funds granted to the state to aid in the 
3.9 	performance of any functions of the commissioner as specified in Laws 1939, chapter 431, 
3.10 	and including the promulgation of rules making uniformly available medical care benefits 
3.11 	to all recipients of public assistance, at such times as the federal government increases its 
3.12 	participation in assistance expenditures for medical care to recipients of public assistance, 
3.13 	the cost thereof to be borne in the same proportion as are grants of aid to said recipients.
3.14 	(g) Establish and maintain any administrative units reasonably necessary for the 
3.15 	performance of administrative functions common to all divisions of the department.
3.16 	(h) Act as designated guardian of both the estate and the person of all the wards of 
3.17 	the state of Minnesota, whether by operation of law or by an order of court, without any 
3.18 	further act or proceeding whatever, except as to persons committed as developmentally 
3.19 	disabled. For children under the guardianship of the commissioner or a tribe in Minnesota 
3.20 	recognized by the Secretary of the Interior whose interests would be best served by 
3.21 	adoptive placement, the commissioner may contract with a licensed child-placing agency 
3.22 	or a Minnesota tribal social services agency to provide adoption services. A contract 
3.23 	with a licensed child-placing agency must be designed to supplement existing county 
3.24 	efforts and may not replace existing county programs or tribal social services, unless the 
3.25 	replacement is agreed to by the county board and the appropriate exclusive bargaining 
3.26 	representative, tribal governing body, or the commissioner has evidence that child 
3.27 	placements of the county continue to be substantially below that of other counties. Funds 
3.28 	encumbered and obligated under an agreement for a specific child shall remain available 
3.29 	until the terms of the agreement are fulfilled or the agreement is terminated.
3.30 	(i) Act as coordinating referral and informational center on requests for service for 
3.31 	newly arrived immigrants coming to Minnesota.
3.32 	(j) The specific enumeration of powers and duties as hereinabove set forth shall in no 
3.33 	way be construed to be a limitation upon the general transfer of powers herein contained.
3.34 	(k) Establish county, regional, or statewide schedules of maximum fees and charges 
3.35 	which may be paid by county agencies for medical, dental, surgical, hospital, nursing and 
3.36 	nursing home care and medicine and medical supplies under all programs of medical 
4.1 	care provided by the state and for congregate living care under the income maintenance 
4.2 	programs.
4.3 	(l) Have the authority to conduct and administer experimental projects to test 
4.4 	methods and procedures of administering assistance and services to recipients or potential 
4.5 	recipients of public welfare. To carry out such experimental projects, it is further provided 
4.6 	that the commissioner of human services is authorized to waive the enforcement of 
4.7 	existing specific statutory program requirements, rules, and standards in one or more 
4.8 	counties. The order establishing the waiver shall provide alternative methods and 
4.9 	procedures of administration, shall not be in conflict with the basic purposes, coverage, or 
4.10 	benefits provided by law, and in no event shall the duration of a project exceed four years. 
4.11 	It is further provided that no order establishing an experimental project as authorized by 
4.12 	the provisions of this section shall become effective until the following conditions have 
4.13 	been met:
4.14 	(1) the secretary of health and human services of the United States has agreed, for 
4.15 	the same project, to waive state plan requirements relative to statewide uniformity; and
4.16 	(2) a comprehensive plan, including estimated project costs, shall be approved by 
4.17 	the Legislative Advisory Commission and filed with the commissioner of administration.
4.18 	(m) According to federal requirements, establish procedures to be followed by 
4.19 	local welfare boards in creating citizen advisory committees, including procedures for 
4.20 	selection of committee members.
4.21 	(n) Allocate federal fiscal disallowances or sanctions which are based on quality 
4.22 	control error rates for the aid to families with dependent children program formerly 
4.23 	codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the 
4.24 	following manner:
4.25 	(1) one-half of the total amount of the disallowance shall be borne by the county 
4.26 	boards responsible for administering the programs. For the medical assistance and the 
4.27 	AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be 
4.28 	shared by each county board in the same proportion as that county's expenditures for the 
4.29 	sanctioned program are to the total of all counties' expenditures for the AFDC program 
4.30 	formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the 
4.31 	food stamp program, sanctions shall be shared by each county board, with 50 percent of 
4.32 	the sanction being distributed to each county in the same proportion as that county's 
4.33 	administrative costs for food stamps are to the total of all food stamp administrative costs 
4.34 	for all counties, and 50 percent of the sanctions being distributed to each county in the 
4.35 	same proportion as that county's value of food stamp benefits issued are to the total of 
4.36 	all benefits issued for all counties. Each county shall pay its share of the disallowance 
5.1 	to the state of Minnesota. When a county fails to pay the amount due hereunder, the 
5.2 	commissioner may deduct the amount from reimbursement otherwise due the county, or 
5.3 	the attorney general, upon the request of the commissioner, may institute civil action 
5.4 	to recover the amount due; and
5.5 	(2) notwithstanding the provisions of clause (1), if the disallowance results from 
5.6 	knowing noncompliance by one or more counties with a specific program instruction, and 
5.7 	that knowing noncompliance is a matter of official county board record, the commissioner 
5.8 	may require payment or recover from the county or counties, in the manner prescribed in 
5.9 	clause (1), an amount equal to the portion of the total disallowance which resulted from the 
5.10 	noncompliance, and may distribute the balance of the disallowance according to clause (1).
5.11 	(o) Develop and implement special projects that maximize reimbursements and 
5.12 	result in the recovery of money to the state. For the purpose of recovering state money, 
5.13 	the commissioner may enter into contracts with third parties. Any recoveries that result 
5.14 	from projects or contracts entered into under this paragraph shall be deposited in the 
5.15 	state treasury and credited to a special account until the balance in the account reaches 
5.16 	$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be 
5.17 	transferred and credited to the general fund. All money in the account is appropriated to 
5.18 	the commissioner for the purposes of this paragraph.
5.19 	(p) Have the authority to make direct payments to facilities providing shelter 
5.20 	to women and their children according to section 256D.05, subdivision 3. Upon 
5.21 	the written request of a shelter facility that has been denied payments under section 
5.22 	256D.05, subdivision 3, the commissioner shall review all relevant evidence and make 
5.23 	a determination within 30 days of the request for review regarding issuance of direct 
5.24 	payments to the shelter facility. Failure to act within 30 days shall be considered a 
5.25 	determination not to issue direct payments.
5.26 	(q) Have the authority to establish and enforce the following county reporting 
5.27 	requirements:
5.28 	(1) the commissioner shall establish fiscal and statistical reporting requirements 
5.29 	necessary to account for the expenditure of funds allocated to counties for human 
5.30 	services programs. When establishing financial and statistical reporting requirements, the 
5.31 	commissioner shall evaluate all reports, in consultation with the counties, to determine if 
5.32 	the reports can be simplified or the number of reports can be reduced;
5.33 	(2) the county board shall submit monthly or quarterly reports to the department 
5.34 	as required by the commissioner. Monthly reports are due no later than 15 working days 
5.35 	after the end of the month. Quarterly reports are due no later than 30 calendar days after 
5.36 	the end of the quarter, unless the commissioner determines that the deadline must be 
6.1 	shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines 
6.2 	or risking a loss of federal funding. Only reports that are complete, legible, and in the 
6.3 	required format shall be accepted by the commissioner;
6.4 	(3) if the required reports are not received by the deadlines established in clause (2), 
6.5 	the commissioner may delay payments and withhold funds from the county board until 
6.6 	the next reporting period. When the report is needed to account for the use of federal 
6.7 	funds and the late report results in a reduction in federal funding, the commissioner shall 
6.8 	withhold from the county boards with late reports an amount equal to the reduction in 
6.9 	federal funding until full federal funding is received;
6.10 	(4) a county board that submits reports that are late, illegible, incomplete, or not 
6.11 	in the required format for two out of three consecutive reporting periods is considered 
6.12 	noncompliant. When a county board is found to be noncompliant, the commissioner 
6.13 	shall notify the county board of the reason the county board is considered noncompliant 
6.14 	and request that the county board develop a corrective action plan stating how the 
6.15 	county board plans to correct the problem. The corrective action plan must be submitted 
6.16 	to the commissioner within 45 days after the date the county board received notice 
6.17 	of noncompliance;
6.18 	(5) the final deadline for fiscal reports or amendments to fiscal reports is one year 
6.19 	after the date the report was originally due. If the commissioner does not receive a report 
6.20 	by the final deadline, the county board forfeits the funding associated with the report for 
6.21 	that reporting period and the county board must repay any funds associated with the 
6.22 	report received for that reporting period;
6.23 	(6) the commissioner may not delay payments, withhold funds, or require repayment 
6.24 	under clause (3) or (5) if the county demonstrates that the commissioner failed to 
6.25 	provide appropriate forms, guidelines, and technical assistance to enable the county to 
6.26 	comply with the requirements. If the county board disagrees with an action taken by the 
6.27 	commissioner under clause (3) or (5), the county board may appeal the action according 
6.28 	to sections 14.57 to 14.69; and
6.29 	(7) counties subject to withholding of funds under clause (3) or forfeiture or 
6.30 	repayment of funds under clause (5) shall not reduce or withhold benefits or services to 
6.31 	clients to cover costs incurred due to actions taken by the commissioner under clause 
6.32 	(3) or (5).
6.33 	(r) Allocate federal fiscal disallowances or sanctions for audit exceptions when 
6.34 	federal fiscal disallowances or sanctions are based on a statewide random sample for 
6.35 	the foster care program under title IV-E of the Social Security Act, United States Code, 
7.1 	title 42, in direct proportion to each county's title IV-E foster care maintenance claim 
7.2 	for that period.
7.3 	(s) Be responsible for ensuring the detection, prevention, investigation, and 
7.4 	resolution of fraudulent activities or behavior by applicants, recipients, and other 
7.5 	participants in the human services programs administered by the department.
7.6 	(t) Require county agencies to identify overpayments, establish claims, and utilize 
7.7 	all available and cost-beneficial methodologies to collect and recover these overpayments 
7.8 	in the human services programs administered by the department.
7.9 	(u) Have the authority to administer a drug rebate program for drugs purchased 
7.10 	pursuant to the prescription drug program established under section 256.955 after the 
7.11 	beneficiary's satisfaction of any deductible established in the program. The commissioner 
7.12 	shall require a rebate agreement from all manufacturers of covered drugs as defined in 
7.13 	section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on 
7.14 	or after July 1, 2002, must include rebates for individuals covered under the prescription 
7.15 	drug program who are under 65 years of age. For each drug, the amount of the rebate shall 
7.16 	be equal to the rebate as defined for purposes of the federal rebate program in United 
7.17 	States Code, title 42, section 1396r-8. The manufacturers must provide full payment 
7.18 	within 30 days of receipt of the state invoice for the rebate within the terms and conditions 
7.19 	used for the federal rebate program established pursuant to section 1927 of title XIX of 
7.20 	the Social Security Act. The manufacturers must provide the commissioner with any 
7.21 	information necessary to verify the rebate determined per drug. The rebate program shall 
7.22 	utilize the terms and conditions used for the federal rebate program established pursuant to 
7.23 	section 1927 of title XIX of the Social Security Act.
7.24 	(v) Have the authority to administer the federal drug rebate program for drugs 
7.25 	purchased under the medical assistance program as allowed by section 1927 of title XIX 
7.26 	of the Social Security Act and according to the terms and conditions of section 1927. 
7.27 	Rebates shall be collected for all drugs that have been dispensed or administered in an 
7.28 	outpatient setting and that are from manufacturers who have signed a rebate agreement 
7.29 	with the United States Department of Health and Human Services.
7.30 	(w) Have the authority to administer a supplemental drug rebate program for drugs 
7.31 	purchased under the medical assistance program. The commissioner may enter into 
7.32 	supplemental rebate contracts with pharmaceutical manufacturers and may require prior 
7.33 	authorization for drugs that are from manufacturers that have not signed a supplemental 
7.34 	rebate contract. Prior authorization of drugs shall be subject to the provisions of section 
7.35 	256B.0625, subdivision 13.
8.1 	(x) Operate the department's communication systems account established in Laws 
8.2 	1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared 
8.3 	communication costs necessary for the operation of the programs the commissioner 
8.4 	supervises. A communications account may also be established for each regional 
8.5 	treatment center which operates communications systems. Each account must be used 
8.6 	to manage shared communication costs necessary for the operations of the programs the 
8.7 	commissioner supervises. The commissioner may distribute the costs of operating and 
8.8 	maintaining communication systems to participants in a manner that reflects actual usage. 
8.9 	Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and 
8.10 	other costs as determined by the commissioner. Nonprofit organizations and state, county, 
8.11 	and local government agencies involved in the operation of programs the commissioner 
8.12 	supervises may participate in the use of the department's communications technology and 
8.13 	share in the cost of operation. The commissioner may accept on behalf of the state any 
8.14 	gift, bequest, devise or personal property of any kind, or money tendered to the state for 
8.15 	any lawful purpose pertaining to the communication activities of the department. Any 
8.16 	money received for this purpose must be deposited in the department's communication 
8.17 	systems accounts. Money collected by the commissioner for the use of communication 
8.18 	systems must be deposited in the state communication systems account and is appropriated 
8.19 	to the commissioner for purposes of this section.
8.20 	(y) Receive any federal matching money that is made available through the medical 
8.21 	assistance program for the consumer satisfaction survey. Any federal money received for 
8.22 	the survey is appropriated to the commissioner for this purpose. The commissioner may 
8.23 	expend the federal money received for the consumer satisfaction survey in either year of 
8.24 	the biennium.
8.25 	(z) Designate community information and referral call centers and incorporate 
8.26 	cost reimbursement claims from the designated community information and referral 
8.27 	call centers into the federal cost reimbursement claiming processes of the department 
8.28 	according to federal law, rule, and regulations. Existing information and referral centers 
8.29 	provided by Greater Twin Cities United Way or existing call centers for which Greater 
8.30 	Twin Cities United Way has legal authority to represent, shall be included in these 
8.31 	designations upon review by the commissioner and assurance that these services are 
8.32 	accredited and in compliance with national standards. Any reimbursement is appropriated 
8.33 	to the commissioner and all designated information and referral centers shall receive 
8.34 	payments according to normal department schedules established by the commissioner 
8.35 	upon final approval of allocation methodologies from the United States Department of 
8.36 	Health and Human Services Division of Cost Allocation or other appropriate authorities.
9.1 	(aa) Develop recommended standards for foster care homes that address the 
9.2 	components of specialized therapeutic services to be provided by foster care homes with 
9.3 	those services.
9.4 	(bb) Authorize the method of payment to or from the department as part of the 
9.5 	human services programs administered by the department. This authorization includes the 
9.6 	receipt or disbursement of funds held by the department in a fiduciary capacity as part of 
9.7 	the human services programs administered by the department.
9.8 	(cc) Have the authority to administer a drug rebate program for drugs purchased for 
9.9 	persons eligible for general assistance medical care under section 256D.03, subdivision 3. 
9.10 	For manufacturers that agree to participate in the general assistance medical care rebate 
9.11 	program, the commissioner shall enter into a rebate agreement for covered drugs as 
9.12 	defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the 
9.13 	rebate shall be equal to the rebate as defined for purposes of the federal rebate program in 
9.14 	United States Code, title 42, section 1396r-8. The manufacturers must provide payment 
9.15 	within the terms and conditions used for the federal rebate program established under 
9.16 	section 1927 of title XIX of the Social Security Act. The rebate program shall utilize 
9.17 	the terms and conditions used for the federal rebate program established under section 
9.18 	1927 of title XIX of the Social Security Act.
9.19 	Effective January 1, 2006, drug coverage under general assistance medical care shall 
9.20 	be limited to those prescription drugs that:
9.21 	(1) are covered under the medical assistance program as described in section 
9.22 	256B.0625, subdivisions 13 and 13d; and
9.23 	(2) are provided by manufacturers that have fully executed general assistance 
9.24 	medical care rebate agreements with the commissioner and comply with such agreements. 
9.25 	Prescription drug coverage under general assistance medical care shall conform to 
9.26 	coverage under the medical assistance program according to section 256B.0625, 
9.27 	subdivisions 13 to 13g.
9.28 	The rebate revenues collected under the drug rebate program are deposited in the 
9.29 	general fund.

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

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

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

11.17 	Sec. 5. Minnesota Statutes 2006, section 259.67, subdivision 7, is amended to read:
11.18 		Subd. 7.Reimbursement of costs. (a) Subject to rules of the commissioner, and 
11.19 	the provisions of this subdivision a child-placing agency licensed in Minnesota or any 
11.20 	other state, or local or tribal social services agency shall receive a reimbursement from the 
11.21 	commissioner equal to 100 percent of the reasonable and appropriate cost of providing 
11.22 	adoption services for a child certified as eligible for adoption assistance under subdivision 
11.23 	4. Such assistance. Adoption services under this subdivision may include adoptive family 
11.24 	recruitment, counseling, and special training when needed. 
11.25 	(b) An eligible child must have a goal of adoption, which may include an adoption 
11.26 	in accordance with tribal law, and meet one of the following criteria: 
11.27 	(1) is a ward of the commissioner of human services or a ward of tribal court 
11.28 	pursuant to section 260.755, subdivision 12, who meets one of the criteria in subdivision 
11.29 	4, paragraph (b), clause (1), (2), or (3); or 
11.30 	(2) is under the guardianship of a Minnesota-licensed child-placing agency who 
11.31 	meets one of the criteria in subdivision 4, paragraph (b), clause (1) or (2).
11.32 	(c) A child-placing agency licensed in Minnesota or any other state shall receive 
11.33 	reimbursement for adoption services it purchases for or directly provides to an eligible 
11.34 	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 reasonableactive 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 reasonableactive 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 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. The federal Indian Child Welfare Act and this chapter are 
17.20 	applicable without exception in a 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 may not determine the applicability of the federal Indian Child 
17.25 	Welfare Act or this chapter to a child custody proceeding based upon whether an Indian 
17.26 	child is part of an existing Indian family or based upon the level of contact a child has with 
17.27 	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 assure that any consultation 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.212, subdivision 9, is amended to read:
33.24 		Subd. 9.Review of certain child placements. (a) When a developmentally 
33.25 	disabled child or emotionally disturbed child needs placement in a residential facility for 
33.26 	the sole reason of accessing services or a level of skilled care that cannot be provided in 
33.27 	the parent's home, the child must be placed pursuant to a voluntary placement agreement 
33.28 	between the responsible social services agency and the child's parent. The voluntary 
33.29 	placement agreement must give the responsible social services agency legal responsibility 
33.30 	for the child's physical care, custody, and control, but must not transfer legal custody of 
33.31 	the child to the agency. The voluntary placement agreement must be executed in a form 
33.32 	developed and promulgated by the commissioner of human services. The responsible 
33.33 	social services agency shall report to the commissioner the number of children who are the 
33.34 	subject of a voluntary placement agreement under this subdivision and other information 
33.35 	regarding these children as the commissioner may require.
34.1 	(b) If a developmentally disabled child or a child diagnosed as emotionally disturbed 
34.2 	has been placed in a residential facility pursuant to a voluntary release by the child's parent 
34.3 	or parents because of the child's disabling conditions or need for long-term residential 
34.4 	treatment or supervision, the social services agency responsible for the placement shall 
34.5 	report to the court and bring a petition for review of the child's foster care status as 
34.6 	required in section 260C.141, subdivision 2a. 
34.7 	(b)(c) If a child is in placement due solely to the child's developmental disability or 
34.8 	emotional disturbance, and the court finds compelling reasons not to proceed under section 
34.9 	260C.201, subdivision 11, and custody of the child is not transferred to the responsible 
34.10 	social services agency under section 260C.201, subdivision 1, paragraph (a), clause (2), 
34.11 	and no petition is required by section 260C.201, subdivision 11. 
34.12 	(c)(d) Whenever a petition for review is brought pursuant to this subdivision, a 
34.13 	guardian ad litem shall be appointed for the child.

34.14 	Sec. 21. Minnesota Statutes 2006, section 260C.317, subdivision 3, is amended to read:
34.15 		Subd. 3.Order; retention of jurisdiction. (a) A certified copy of the findings and 
34.16 	the order terminating parental rights, and a summary of the court's information concerning 
34.17 	the child shall be furnished by the court to the commissioner or the agency to which 
34.18 	guardianship is transferred. The orders shall be on a document separate from the findings. 
34.19 	The court shall furnish the individual to whom guardianship is transferred a copy of the 
34.20 	order terminating parental rights.
34.21 	(b) The court shall retain jurisdiction in a case where adoption is the intended 
34.22 	permanent placement disposition until the child's adoption is finalized, the child is 18 years 
34.23 	of age, or the child is otherwise ordered discharged from the jurisdiction of the court. The 
34.24 	guardian ad litem and counsel for the child shall continue on the case until an adoption 
34.25 	decree is entered. A hearing must be held every 90 days following termination of parental 
34.26 	rights for the court to review progress toward an adoptive placement and the specific 
34.27 	recruitment efforts the agency has taken to find an adoptive family or other placement 
34.28 	living arrangement for the child and to finalize the adoption or other permanency plan.
34.29 	(c) The responsible social services agency may make a determination of compelling 
34.30 	reasons for a child to be in long-term foster care when the agency has made exhaustive 
34.31 	efforts to recruit, identify, and place the child in an adoptive home, and the child continues 
34.32 	in foster care for at least 24 months after the court has issued the order terminating 
34.33 	parental rights. A child of any age who is under the guardianship of the commissioner of 
34.34 	the Department of Human Services and is legally available for adoption may not refuse 
34.35 	or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the 
35.1 	child in an adoptive home required under paragraph (b) or sign a document relieving 
35.2 	county social services agencies of all recruitment efforts on the child's behalf. Upon 
35.3 	approving the agency's determination of compelling reasons, the court may order the 
35.4 	child placed in long-term foster care. At least every 12 months thereafter as long as the 
35.5 	child continues in out-of-home placement, the court shall conduct a permanency review 
35.6 	hearing to determine the future status of the child using the review requirements of section 
35.7 	260C.201, subdivision 11, paragraph (g).
35.8 	(d) The court shall retain jurisdiction through the child's minority in a case where 
35.9 	long-term foster care is the permanent disposition whether under paragraph (c) or section 
35.10 	260C.201, subdivision 11.

35.11 	Sec. 22. Minnesota Statutes 2006, section 260C.331, subdivision 1, is amended to read:
35.12 		Subdivision 1.Care, examination, or treatment. (a) Except where parental rights 
35.13 	are terminated,
35.14 	(1) whenever legal custody of a child is transferred by the court to a responsible 
35.15 	social services agency,
35.16 	(2) whenever legal custody is transferred to a person other than the responsible social 
35.17 	services agency, but under the supervision of the responsible social services agency, or
35.18 	(3) whenever a child is given physical or mental examinations or treatment under 
35.19 	order of the court, and no provision is otherwise made by law for payment for the care, 
35.20 	examination, or treatment of the child, these costs are a charge upon the welfare funds of 
35.21 	the county in which proceedings are held upon certification of the judge of juvenile court.
35.22 	(b) The court shall order, and the responsible social services agency shall require, 
35.23 	the parents or custodian of a child, while the child is under the age of 18, to use the 
35.24 	total income and resources attributable to the child for the period of care, examination, 
35.25 	or treatment, except for clothing and personal needs allowance as provided in section 
35.26 	256B.35, to reimburse the county for the cost of care, examination, or treatment. Income 
35.27 	and resources attributable to the child include, but are not limited to, Social Security 
35.28 	benefits, supplemental security income (SSI), veterans benefits, railroad retirement 
35.29 	benefits and child support. When the child is over the age of 18, and continues to receive 
35.30 	care, examination, or treatment, the court shall order, and the responsible social services 
35.31 	agency shall require, reimbursement from the child for the cost of care, examination, or 
35.32 	treatment from the income and resources attributable to the child less the clothing and 
35.33 	personal needs allowance.  Income does not include earnings from a child over 18 who is 
35.34 	working as part of a plan under section 260C.212, subdivision 1, paragraph (c), clause 
35.35 	(8), to transition from foster care.
36.1 	(c) If the income and resources attributable to the child are not enough to reimburse 
36.2 	the county for the full cost of the care, examination, or treatment, the court shall inquire 
36.3 	into the ability of the parents to support the child and, after giving the parents a reasonable 
36.4 	opportunity to be heard, the court shall order, and the responsible social services agency 
36.5 	shall require, the parents to contribute to the cost of care, examination, or treatment of 
36.6 	the child. When determining the amount to be contributed by the parents, the court shall 
36.7 	use a fee schedule based upon ability to pay that is established by the responsible social 
36.8 	services agency and approved by the commissioner of human services. The income of 
36.9 	a stepparent who has not adopted a child shall be excluded in calculating the parental 
36.10 	contribution under this section.
36.11 	(d) The court shall order the amount of reimbursement attributable to the parents 
36.12 	or custodian, or attributable to the child, or attributable to both sources, withheld under 
36.13 	chapter 518A from the income of the parents or the custodian of the child. A parent or 
36.14 	custodian who fails to pay without good reason may be proceeded against for contempt, or 
36.15 	the court may inform the county attorney, who shall proceed to collect the unpaid sums, 
36.16 	or both procedures may be used.
36.17 	(e) If the court orders a physical or mental examination for a child, the examination 
36.18 	is a medically necessary service for purposes of determining whether the service is 
36.19 	covered by a health insurance policy, health maintenance contract, or other health 
36.20 	coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan 
36.21 	requirements for medical necessity. Nothing in this paragraph changes or eliminates 
36.22 	benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions, 
36.23 	or other requirements in the policy, contract, or plan that relate to coverage of other 
36.24 	medically necessary services.

36.25 	Sec. 23. Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision 
36.26 	to read:
36.27 		Subd. 3e.Agency responsibility for assessing or investigating reports of sexual 
36.28 	abuse. The local welfare agency is the agency responsible for investigating allegations 
36.29 	of sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual 
36.30 	functioning within the family unit as a person responsible for the child's care, or a person 
36.31 	with a significant relationship to the child if that person resides in the child's household.

36.32 	Sec. 24. Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision 
36.33 	to read:
37.1 		Subd. 3f.Law enforcement agency responsibility for investigating 
37.2 	maltreatment. The local law enforcement agency has responsibility for investigating any 
37.3 	report of child maltreatment if a violation of a criminal statute is alleged. Law enforcement 
37.4 	and the responsible agency must coordinate their investigations or assessments as required 
37.5 	under subdivision 10.

37.6 	Sec. 25. Minnesota Statutes 2006, section 626.556, subdivision 10, is amended to read:
37.7 		Subd. 10.Duties of local welfare agency and local law enforcement agency upon 
37.8 	receipt of a report. (a) Upon receipt of a report, the local welfare agency shall determine 
37.9 	whether to conduct a family assessment or an investigation as appropriate to prevent or 
37.10 	provide a remedy for child maltreatment. The local welfare agency:
37.11 	(1) shall conduct an investigation on reports involving substantial child 
37.12 	endangerment;
37.13 	(2) shall begin an immediate investigation if, at any time when it is using a family 
37.14 	assessment response, it determines that there is reason to believe that substantial child 
37.15 	endangerment or a serious threat to the child's safety exists;
37.16 	(3) may conduct a family assessment for reports that do not allege substantial child 
37.17 	endangerment. In determining that a family assessment is appropriate, the local welfare 
37.18 	agency may consider issues of child safety, parental cooperation, and the need for an 
37.19 	immediate response; and
37.20 	(4) may conduct a family assessment on a report that was initially screened and 
37.21 	assigned for an investigation. In determining that a complete investigation is not required, 
37.22 	the local welfare agency must document the reason for terminating the investigation and 
37.23 	notify the local law enforcement agency if the local law enforcement agency is conducting 
37.24 	a joint investigation.
37.25 	If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, 
37.26 	or individual functioning within the family unit as a person responsible for the child's 
37.27 	care, or sexual abuse by a person with a significant relationship to the child when that 
37.28 	person resides in the child's household or by a sibling, the local welfare agency shall 
37.29 	immediately conduct a family assessment or investigation as identified in clauses (1) to 
37.30 	(4). In conducting a family assessment or investigation, the local welfare agency shall 
37.31 	gather information on the existence of substance abuse and domestic violence and offer 
37.32 	services for purposes of preventing future child maltreatment, safeguarding and enhancing 
37.33 	the welfare of the abused or neglected minor, and supporting and preserving family 
37.34 	life whenever possible. If the report alleges a violation of a criminal statute involving 
37.35 	sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the 
38.1 	local law enforcement agency and local welfare agency shall coordinate the planning and 
38.2 	execution of their respective investigation and assessment efforts to avoid a duplication of 
38.3 	fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of 
38.4 	the results of its investigation. In cases of alleged child maltreatment resulting in death, 
38.5 	the local agency may rely on the fact-finding efforts of a law enforcement investigation 
38.6 	to make a determination of whether or not maltreatment occurred. When necessary the 
38.7 	local welfare agency shall seek authority to remove the child from the custody of a parent, 
38.8 	guardian, or adult with whom the child is living. In performing any of these duties, the 
38.9 	local welfare agency shall maintain appropriate records.
38.10 	If the family assessment or investigation indicates there is a potential for abuse of 
38.11 	alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 
38.12 	the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota 
38.13 	Rules, part 9530.6615. The local welfare agency shall report the determination of the 
38.14 	chemical use assessment, and the recommendations and referrals for alcohol and other 
38.15 	drug treatment services to the state authority on alcohol and drug abuse.
38.16 	(b) When a local agency receives a report or otherwise has information indicating 
38.17 	that a child who is a client, as defined in section 245.91, has been the subject of physical 
38.18 	abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 
38.19 	245.91, it shall, in addition to its other duties under this section, immediately inform the 
38.20 	ombudsman established under sections 245.91 to 245.97. The commissioner of education 
38.21 	shall inform the ombudsman established under sections 245.91 to 245.97 of reports 
38.22 	regarding a child defined as a client in section 245.91 that maltreatment occurred at a 
38.23 	school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
38.24 	(c) Authority of the local welfare agency responsible for assessing or investigating 
38.25 	the child abuse or neglect report, the agency responsible for assessing or investigating 
38.26 	the report, and of the local law enforcement agency for investigating the alleged abuse or 
38.27 	neglect includes, but is not limited to, authority to interview, without parental consent, 
38.28 	the alleged victim and any other minors who currently reside with or who have resided 
38.29 	with the alleged offender. The interview may take place at school or at any facility or 
38.30 	other place where the alleged victim or other minors might be found or the child may 
38.31 	be transported to, and the interview conducted at, a place appropriate for the interview 
38.32 	of a child designated by the local welfare agency or law enforcement agency. The 
38.33 	interview may take place outside the presence of the alleged offender or parent, legal 
38.34 	custodian, guardian, or school official. For family assessments, it is the preferred practice 
38.35 	to request a parent or guardian's permission to interview the child prior to conducting the 
38.36 	child interview, unless doing so would compromise the safety assessment. Except as 
39.1 	provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the 
39.2 	responsible local welfare or law enforcement agency no later than the conclusion of the 
39.3 	investigation or assessment that this interview has occurred. Notwithstanding rule 49.02
39.4 	of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after 
39.5 	hearing on an ex parte motion by the local welfare agency, order that, where reasonable 
39.6 	cause exists, the agency withhold notification of this interview from the parent, legal 
39.7 	custodian, or guardian. If the interview took place or is to take place on school property, 
39.8 	the order shall specify that school officials may not disclose to the parent, legal custodian, 
39.9 	or guardian the contents of the notification of intent to interview the child on school 
39.10 	property, as provided under this paragraph, and any other related information regarding 
39.11 	the interview that may be a part of the child's school record. A copy of the order shall be 
39.12 	sent by the local welfare or law enforcement agency to the appropriate school official.
39.13 	(d) When the local welfare, local law enforcement agency, or the agency responsible 
39.14 	for assessing or investigating a report of maltreatment determines that an interview should 
39.15 	take place on school property, written notification of intent to interview the child on school 
39.16 	property must be received by school officials prior to the interview. The notification 
39.17 	shall include the name of the child to be interviewed, the purpose of the interview, and 
39.18 	a reference to the statutory authority to conduct an interview on school property. For 
39.19 	interviews conducted by the local welfare agency, the notification shall be signed by the 
39.20 	chair of the local social services agency or the chair's designee. The notification shall be 
39.21 	private data on individuals subject to the provisions of this paragraph. School officials 
39.22 	may not disclose to the parent, legal custodian, or guardian the contents of the notification 
39.23 	or any other related information regarding the interview until notified in writing by the 
39.24 	local welfare or law enforcement agency that the investigation or assessment has been 
39.25 	concluded, unless a school employee or agent is alleged to have maltreated the child. 
39.26 	Until that time, the local welfare or law enforcement agency or the agency responsible 
39.27 	for assessing or investigating a report of maltreatment shall be solely responsible for any 
39.28 	disclosures regarding the nature of the assessment or investigation.
39.29 	Except where the alleged offender is believed to be a school official or employee, 
39.30 	the time and place, and manner of the interview on school premises shall be within the 
39.31 	discretion of school officials, but the local welfare or law enforcement agency shall have 
39.32 	the exclusive authority to determine who may attend the interview. The conditions as to 
39.33 	time, place, and manner of the interview set by the school officials shall be reasonable and 
39.34 	the interview shall be conducted not more than 24 hours after the receipt of the notification 
39.35 	unless another time is considered necessary by agreement between the school officials and 
39.36 	the local welfare or law enforcement agency. Where the school fails to comply with the 
40.1 	provisions of this paragraph, the juvenile court may order the school to comply. Every 
40.2 	effort must be made to reduce the disruption of the educational program of the child, other 
40.3 	students, or school staff when an interview is conducted on school premises.
40.4 	(e) Where the alleged offender or a person responsible for the care of the alleged 
40.5 	victim or other minor prevents access to the victim or other minor by the local welfare 
40.6 	agency, the juvenile court may order the parents, legal custodian, or guardian to produce 
40.7 	the alleged victim or other minor for questioning by the local welfare agency or the local 
40.8 	law enforcement agency outside the presence of the alleged offender or any person 
40.9 	responsible for the child's care at reasonable places and times as specified by court order.
40.10 	(f) Before making an order under paragraph (e), the court shall issue an order to 
40.11 	show cause, either upon its own motion or upon a verified petition, specifying the basis for 
40.12 	the requested interviews and fixing the time and place of the hearing. The order to show 
40.13 	cause shall be served personally and shall be heard in the same manner as provided in 
40.14 	other cases in the juvenile court. The court shall consider the need for appointment of a 
40.15 	guardian ad litem to protect the best interests of the child. If appointed, the guardian ad 
40.16 	litem shall be present at the hearing on the order to show cause.
40.17 	(g) The commissioner of human services, the ombudsman for mental health and 
40.18 	developmental disabilities, the local welfare agencies responsible for investigating reports, 
40.19 	the commissioner of education, and the local law enforcement agencies have the right to 
40.20 	enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, 
40.21 	including medical records, as part of the investigation. Notwithstanding the provisions of 
40.22 	chapter 13, they also have the right to inform the facility under investigation that they are 
40.23 	conducting an investigation, to disclose to the facility the names of the individuals under 
40.24 	investigation for abusing or neglecting a child, and to provide the facility with a copy of 
40.25 	the report and the investigative findings.
40.26 	(h) The local welfare agency responsible for conducting a family assessment or 
40.27 	investigation shall collect available and relevant information to determine child safety, 
40.28 	risk of subsequent child maltreatment, and family strengths and needs, and share not 
40.29 	public information with an Indian child's tribal social services agency without violating 
40.30 	any law of the state that may otherwise impose duties of confidentiality on the local 
40.31 	welfare agency in accordance with the tribal state agreement. The local welfare agency 
40.32 	or the agency responsible for investigating the report shall collect available and relevant 
40.33 	information to ascertain whether maltreatment occurred and whether protective services 
40.34 	are needed. Information collected includes, when relevant, information with regard to 
40.35 	the person reporting the alleged maltreatment, including the nature of the reporter's 
40.36 	relationship to the child and to the alleged offender, and the basis of the reporter's 
41.1 	knowledge for the report; the child allegedly being maltreated; the alleged offender; the 
41.2 	child's caretaker; and other collateral sources having relevant information related to the 
41.3 	alleged maltreatment. The local welfare agency or the agency responsible for assessing 
41.4 	or investigating the report may make a determination of no maltreatment early in an 
41.5 	assessment, and close the case and retain immunity, if the collected information shows no 
41.6 	basis for a full assessment or investigation.
41.7 	Information relevant to the assessment or investigation must be asked for, and 
41.8 	may include:
41.9 	(1) the child's sex and age, prior reports of maltreatment, information relating 
41.10 	to developmental functioning, credibility of the child's statement, and whether the 
41.11 	information provided under this clause is consistent with other information collected 
41.12 	during the course of the assessment or investigation;
41.13 	(2) the alleged offender's age, a record check for prior reports of maltreatment, and 
41.14 	criminal charges and convictions. The local welfare agency or the agency responsible for 
41.15 	assessing or investigating the report must provide the alleged offender with an opportunity 
41.16 	to make a statement. The alleged offender may submit supporting documentation relevant 
41.17 	to the assessment or investigation;
41.18 	(3) collateral source information regarding the alleged maltreatment and care of the 
41.19 	child. Collateral information includes, when relevant: (i) a medical examination of the 
41.20 	child; (ii) prior medical records relating to the alleged maltreatment or the care of the 
41.21 	child maintained by any facility, clinic, or health care professional and an interview with 
41.22 	the treating professionals; and (iii) interviews with the child's caretakers, including the 
41.23 	child's parent, guardian, foster parent, child care provider, teachers, counselors, family 
41.24 	members, relatives, and other persons who may have knowledge regarding the alleged 
41.25 	maltreatment and the care of the child; and
41.26 	(4) information on the existence of domestic abuse and violence in the home of 
41.27 	the child, and substance abuse.
41.28 	Nothing in this paragraph precludes the local welfare agency, the local law 
41.29 	enforcement agency, or the agency responsible for assessing or investigating the report 
41.30 	from collecting other relevant information necessary to conduct the assessment or 
41.31 	investigation. Notwithstanding section 13.384 or 144.335, the local welfare agency has 
41.32 	access to medical data and records for purposes of clause (3). Notwithstanding the data's 
41.33 	classification in the possession of any other agency, data acquired by the local welfare 
41.34 	agency or the agency responsible for assessing or investigating the report during the course 
41.35 	of the assessment or investigation are private data on individuals and must be maintained 
41.36 	in accordance with subdivision 11. Data of the commissioner of education collected 
42.1 	or maintained during and for the purpose of an investigation of alleged maltreatment 
42.2 	in a school are governed by this section, notwithstanding the data's classification as 
42.3 	educational, licensing, or personnel data under chapter 13.
42.4 	In conducting an assessment or investigation involving a school facility as defined 
42.5 	in subdivision 2, paragraph (i), the commissioner of education shall collect investigative 
42.6 	reports and data that are relevant to a report of maltreatment and are from local law 
42.7 	enforcement and the school facility.
42.8 	(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face 
42.9 	contact with the child reported to be maltreated and with the child's primary caregiver 
42.10 	sufficient to complete a safety assessment and ensure the immediate safety of the child. 
42.11 	The face-to-face contact with the child and primary caregiver shall occur immediately 
42.12 	if substantial child endangerment is alleged and within five calendar days for all other 
42.13 	reports. If the alleged offender was not already interviewed as the primary caregiver, the 
42.14 	local welfare agency shall also conduct a face-to-face interview with the alleged offender 
42.15 	in the early stages of the assessment or investigation. At the initial contact, the local child 
42.16 	welfare agency or the agency responsible for assessing or investigating the report must 
42.17 	inform the alleged offender of the complaints or allegations made against the individual in 
42.18 	a manner consistent with laws protecting the rights of the person who made the report. 
42.19 	The interview with the alleged offender may be postponed if it would jeopardize an active 
42.20 	law enforcement investigation.
42.21 	(j) When conducting an investigation, the local welfare agency shall use a question 
42.22 	and answer interviewing format with questioning as nondirective as possible to elicit 
42.23 	spontaneous responses. For investigations only, the following interviewing methods and 
42.24 	procedures must be used whenever possible when collecting information:
42.25 	(1) audio recordings of all interviews with witnesses and collateral sources; and
42.26 	(2) in cases of alleged sexual abuse, audio-video recordings of each interview with 
42.27 	the alleged victim and child witnesses.
42.28 	(k) In conducting an assessment or investigation involving a school facility as 
42.29 	defined in subdivision 2, paragraph (i), the commissioner of education shall collect 
42.30 	available and relevant information and use the procedures in paragraphs (i), (k), and 
42.31 	subdivision 3d, except that the requirement for face-to-face observation of the child 
42.32 	and face-to-face interview of the alleged offender is to occur in the initial stages of the 
42.33 	assessment or investigation provided that the commissioner may also base the assessment 
42.34 	or investigation on investigative reports and data received from the school facility and 
42.35 	local law enforcement, to the extent those investigations satisfy the requirements of 
42.36 	paragraphs (i) and (k), and subdivision 3d.

43.1 	Sec. 26. Minnesota Statutes 2006, section 626.556, subdivision 10a, is amended to 
43.2 	read:
43.3 		Subd. 10a.Abuse outside family unit Law enforcement agency responsibility 
43.4 	for investigation; welfare agency reliance on law enforcement fact-finding; welfare 
43.5 	agency offer of services. (a) If the report alleges neglect, physical abuse, or sexual abuse 
43.6 	by a person who is not a parent, guardian, sibling, person responsible for the child's care 
43.7 	functioning outside within the family unit as a person responsible for the child's care, or a 
43.8 	person who lives in the child's household and who has a significant relationship to the 
43.9 	child, in a setting other than a facility as defined in subdivision 2, the local welfare agency 
43.10 	shall immediately notify the appropriate law enforcement agency, which shall conduct an 
43.11 	investigation of the alleged abuse or neglect if a violation of a criminal statute is alleged. 
43.12 	(b) The local agency may rely on the fact-finding efforts of the law enforcement 
43.13 	investigation conducted under this subdivision to make a determination whether or not 
43.14 	threatened harm or other maltreatment has occurred under subdivision 2 if an alleged 
43.15 	offender has minor children or lives with minors.
43.16 	(c) The local welfare agency shall offer appropriate social services for the purpose of 
43.17 	safeguarding and enhancing the welfare of the abused or neglected minor.

43.18 	Sec. 27. Minnesota Statutes 2006, section 626.556, subdivision 10f, is amended to read:
43.19 		Subd. 10f.Notice of determinations. Within ten working days of the conclusion 
43.20 	of a family assessment, the local welfare agency shall notify the parent or guardian of 
43.21 	the child of the need for services to address child safety concerns or significant risk of 
43.22 	subsequent child maltreatment. The local welfare agency and the family may also jointly 
43.23 	agree that family support and family preservation services are needed. Within ten working 
43.24 	days of the conclusion of an investigation, the local welfare agency or agency responsible 
43.25 	for assessing or investigating the report shall notify the parent or guardian of the child, the 
43.26 	person determined to be maltreating the child, and if applicable, the director of the facility, 
43.27 	of the determination and a summary of the specific reasons for the determination. The 
43.28 	notice must also include a certification that the information collection procedures under 
43.29 	subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the right of a 
43.30 	data subject to obtain access to other private data on the subject collected, created, or 
43.31 	maintained under this section. In addition, the notice shall include the length of time that 
43.32 	the records will be kept under subdivision 11c. The investigating agency shall notify the 
43.33 	parent or guardian of the child who is the subject of the report, and any person or facility 
43.34 	determined to have maltreated a child, of their appeal or review rights under this section 
43.35 	or section 256.022. The notice shall also state that a finding of maltreatment may result 
44.1 	in denial of a license application or background study disqualification under chapter 
44.2 	245C related to employment or services that are licensed by the Department of Human 
44.3 	Services under chapter 245A, the Department of Health under chapter 144 or 144A, the 
44.4 	Department of Corrections under section 241.021, and from providing services related to 
44.5 	an unlicensed personal care provider organization under chapter 256B.

44.6 	Sec. 28. REVISOR'S INSTRUCTION.
 44.7 	(a) The revisor shall renumber Minnesota Statutes, section 626.556, subdivision 3d, 
44.8 	as Minnesota Statutes, section 626.556, subdivision 3g.
44.9 	(b) The revisor shall change references to Minnesota Statutes, section 260.851, 
44.10 	to section 260.853 and references to Minnesota Statutes, section 260.851, article 5, to 
44.11 	section 260.853, article IV, wherever those references appear in Minnesota Statutes and 
44.12 	Minnesota Rules.

44.13 	Sec. 29.  REPEALER.
 44.14 	(a) Laws 1997, chapter 8, section 1, is repealed.
44.15 	(b) Minnesota Rules, part 9560.0102, subpart 2, item C, is repealed.

44.16 	ARTICLE 2
44.17 	DEPARTMENT OF HUMAN SERVICES TECHNICAL PROVISIONS

44.18 	Section 1. Minnesota Statutes 2006, section 259.67, subdivision 4, is amended to read:
44.19 		Subd. 4.Eligibility conditions. (a) The placing agency shall use the AFDC 
44.20 	requirements as specified in federal law as of July 16, 1996, when determining the child's 
44.21 	eligibility for adoption assistance under title IV-E of the Social Security Act. If the child 
44.22 	does not qualify, the placing agency shall certify a child as eligible for state funded 
44.23 	adoption assistance only if the following criteria are met:
44.24 	(1) Due to the child's characteristics or circumstances it would be difficult to provide 
44.25 	the child an adoptive home without adoption assistance.
44.26 	(2)(i) A placement agency has made reasonable efforts to place the child for adoption 
44.27 	without adoption assistance, but has been unsuccessful; or
44.28 	(ii) the child's licensed foster parents desire to adopt the child and it is determined by 
44.29 	the placing agency that the adoption is in the best interest of the child.
44.30 	(3)(i) The child has been a ward of the commissioner, a Minnesota-licensed 
44.31 	child-placing agency, or a tribal social service agency of Minnesota recognized by the 
44.32 	Secretary of the Interior; or (ii) the child will be adopted according to tribal law without a 
44.33 	termination of parental rights or relinquishment, provided that the tribe has documented 
45.1 	the valid reason why the child cannot or should not be returned to the home of the child's 
45.2 	parent. The placing agency shall not certify a child who remains under the jurisdiction 
45.3 	of the sending agency pursuant to section 260.851, article 5, for state-funded adoption 
45.4 	assistance when Minnesota is the receiving state.
45.5 	(b) For purposes of this subdivision, the characteristics or circumstances that may 
45.6 	be considered in determining whether a child is a child with special needs under United 
45.7 	States Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of 
45.8 	paragraph (a), clause (1), are the following:
45.9 	(1) The child is a member of a sibling group to be placed as one unit in which at 
45.10 	least one sibling is older than 15 months of age or is described in clause (2) or (3).
45.11 	(2) The child has documented physical, mental, emotional, or behavioral disabilities.
45.12 	(3) The child has a high risk of developing physical, mental, emotional, or behavioral 
45.13 	disabilities.
45.14 	(4) The child is adopted according to tribal law without a termination of parental 
45.15 	rights or relinquishment, provided that the tribe has documented the valid reason why the 
45.16 	child cannot or should not be returned to the home of the child's parent.
45.17 	(c) When a child's eligibility for adoption assistance is based upon the high risk of 
45.18 	developing physical, mental, emotional, or behavioral disabilities, payments shall not be 
45.19 	made under the adoption assistance agreement unless and until the potential disability 
45.20 	manifests itself as documented by an appropriate health care professional.

45.21 	Sec. 2. Minnesota Statutes 2006, section 260.012, is amended to read:
45.22 	260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
45.23 	REUNIFICATION; REASONABLE EFFORTS.
45.24 	(a) Once a child alleged to be in need of protection or services is under the court's 
45.25 	jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 
45.26 	services, by the social services agency are made to prevent placement or to eliminate the 
45.27 	need for removal and to reunite the child with the child's family at the earliest possible 
45.28 	time, and when a child cannot be reunified with the parent or guardian from whom the 
45.29 	child was removed, the court must ensure that the responsible social services agency 
45.30 	makes reasonable efforts to finalize an alternative permanent plan for the child as provided 
45.31 	in paragraph (e). In determining reasonable efforts to be made with respect to a child and 
45.32 	in making those reasonable efforts, the child's best interests, health, and safety must be of 
45.33 	paramount concern. Reasonable efforts to prevent placement and for rehabilitation and 
45.34 	reunification are always required except upon a determination by the court that a petition 
45.35 	has been filed stating a prima facie case that:
46.1 	(1) the parent has subjected a child to egregious harm as defined in section 
46.2 	260C.007, subdivision 14;
46.3 	(2) the parental rights of the parent to another child have been terminated 
46.4 	involuntarily;
46.5 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, 
46.6 	paragraph (a), clause (2);
46.7 	(4) the parent's custodial rights to another child have been involuntarily transferred 
46.8 	to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar 
46.9 	law of another jurisdiction; or
46.10 	(5) the provision of services or further services for the purpose of reunification is 
46.11 	futile and therefore unreasonable under the circumstances.
46.12 	(b) When the court makes one of the prima facie determinations under paragraph (a), 
46.13 	either permanency pleadings under section 260C.201, subdivision 11, or a termination 
46.14 	of parental rights petition under sections 260C.141 and 260C.301 must be filed. A 
46.15 	permanency hearing under section 260C.201, subdivision 11, must be held within 30 
46.16 	days of this determination.
46.17 	(c) In the case of an Indian child, in proceedings under sections 260B.178 or 
46.18 	260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions 
46.19 	consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 
46.20 	1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child 
46.21 	Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social 
46.22 	services agency must provide active efforts as required under United States Code, title 
46.23 	25, section 1911(d).
46.24 	(d) "Reasonable efforts to prevent placement" means:
46.25 	(1) the agency has made reasonable efforts to prevent the placement of the child in 
46.26 	foster care; or
46.27 	(2) given the particular circumstances of the child and family at the time of the 
46.28 	child's removal, there are no services or efforts available which could allow the child to 
46.29 	safely remain in the home.
46.30 	(e) "Reasonable efforts to finalize a permanent plan for the child" means due 
46.31 	diligence by the responsible social services agency to:
46.32 	(1) reunify the child with the parent or guardian from whom the child was removed;
46.33 	(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 
46.34 	where appropriate, provide services necessary to enable the noncustodial parent to safely 
46.35 	provide the care, as required by section 260C.212, subdivision 4;
46.36 	(3) conduct a relative search as required under section 260C.212, subdivision 5; and
47.1 	(4) when the child cannot return to the parent or guardian from whom the child was 
47.2 	removed, to plan for and finalize a safe and legally permanent alternative home for the 
47.3 	child, preferably through adoption or transfer of permanent legal and physical custody of 
47.4 	the child.
47.5 	(f) Reasonable efforts are made upon the exercise of due diligence by the responsible 
47.6 	social services agency to use culturally appropriate and available services to meet the 
47.7 	needs of the child and the child's family. Services may include those provided by the 
47.8 	responsible social services agency and other culturally appropriate services available in 
47.9 	the community. At each stage of the proceedings where the court is required to review 
47.10 	the appropriateness of the responsible social services agency's reasonable efforts as 
47.11 	described in paragraphs (a), (d), and (e), the social services agency has the burden of 
47.12 	demonstrating that:
47.13 	(1) it has made reasonable efforts to prevent placement of the child in foster care;
47.14 	(2) it has made reasonable efforts to eliminate the need for removal of the child from 
47.15 	the child's home and to reunify the child with the child's family at the earliest possible time;
47.16 	(3) it has made reasonable efforts to finalize an alternative permanent home for the 
47.17 	child; or
47.18 	(4) reasonable efforts to prevent placement and to reunify the child with the parent 
47.19 	or guardian are not required. The agency may meet this burden by stating facts in a sworn 
47.20 	petition filed under section 260C.141, by filing an affidavit summarizing the agency's 
47.21 	reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 
47.22 	efforts to reunify the parent and child, or through testimony or a certified report required 
47.23 	under juvenile court rules.
47.24 	(g) Once the court determines that reasonable efforts for reunification are not 
47.25 	required because the court has made one of the prima facie determinations under paragraph 
47.26 	(a), the court may only require reasonable efforts for reunification after a hearing according 
47.27 	to section 260C.163, where the court finds there is not clear and convincing evidence of 
47.28 	the facts upon which the court based its prima facie determination. In this case when there 
47.29 	is clear and convincing evidence that the child is in need of protection or services, the 
47.30 	court may find the child in need of protection or services and order any of the dispositions 
47.31 	available under section 260C.201, subdivision 1. Reunification of a surviving child with a 
47.32 	parent is not required if the parent has been convicted of:
47.33 	(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 
47.34 	609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the 
47.35 	parent;
48.1 	(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the 
48.2 	surviving child; or
48.3 	(3) a violation of, or an attempt or conspiracy to commit a violation of, United States 
48.4 	Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.
48.5 	(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178, 
48.6 	260C.201, and 260C.301 shall make findings and conclusions as to the provision of 
48.7 	reasonable efforts. When determining whether reasonable efforts have been made, the 
48.8 	court shall consider whether services to the child and family were:
48.9 	(1) relevant to the safety and protection of the child;
48.10 	(2) adequate to meet the needs of the child and family;
48.11 	(3) culturally appropriate;
48.12 	(4) available and accessible;
48.13 	(5) consistent and timely; and
48.14 	(6) realistic under the circumstances.
48.15 	In the alternative, the court may determine that provision of services or further 
48.16 	services for the purpose of rehabilitation is futile and therefore unreasonable under the 
48.17 	circumstances or that reasonable efforts are not required as provided in paragraph (a).
48.18 	(i) This section does not prevent out-of-home placement for treatment of a child with 
48.19 	a mental disability when the child's diagnostic assessment or individual treatment plan 
48.20 	indicates that appropriate and necessary treatment cannot be effectively provided outside 
48.21 	of a residential or inpatient treatment program.
48.22 	(j) If continuation of reasonable efforts to prevent placement or reunify the child 
48.23 	with the parent or guardian from whom the child was removed is determined by the court 
48.24 	to be inconsistent with the permanent plan for the child or upon the court making one of 
48.25 	the prima facie determinations under paragraph (a), reasonable efforts must be made to 
48.26 	place the child in a timely manner in a safe and permanent home and to complete whatever 
48.27 	steps are necessary to legally finalize the permanent placement of the child.
48.28 	(k) Reasonable efforts to place a child for adoption or in another permanent 
48.29 	placement may be made concurrently with reasonable efforts to prevent placement or to 
48.30 	reunify the child with the parent or guardian from whom the child was removed. When 
48.31 	the responsible social services agency decides to concurrently make reasonable efforts for 
48.32 	both reunification and permanent placement away from the parent under paragraph (a), the 
48.33 	agency shall disclose its decision and both plans for concurrent reasonable efforts to all 
48.34 	parties and the court. When the agency discloses its decision to proceed on both plans for 
48.35 	reunification and permanent placement away from the parent, the court's review of the 
48.36 	agency's reasonable efforts shall include the agency's efforts under both plans.

49.1 	Sec. 3. Minnesota Statutes 2006, section 260B.157, subdivision 1, is amended to read:
49.2 		Subdivision 1.Investigation. Upon request of the court the local social services 
49.3 	agency or probation officer shall investigate the personal and family history and 
49.4 	environment of any minor coming within the jurisdiction of the court under section 
49.5 	260B.101 and shall report its findings to the court. The court may order any minor coming 
49.6 	within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or 
49.7 	psychologist appointed by the court. 
49.8 	The court shall have order a chemical use assessment conducted when a child is 
49.9 	(1) found to be delinquent for violating a provision of chapter 152, or for committing a 
49.10 	felony-level violation of a provision of chapter 609 if the probation officer determines 
49.11 	that alcohol or drug use was a contributing factor in the commission of the offense, or 
49.12 	(2) alleged to be delinquent for violating a provision of chapter 152, if the child is being 
49.13 	held in custody under a detention order. The assessor's qualifications and the assessment 
49.14 	criteria shall comply with Minnesota Rules, parts 9530.6600 to 9530.6655. If funds under 
49.15 	chapter 254B are to be used to pay for the recommended treatment, the assessment and 
49.16 	placement must comply with all provisions of Minnesota Rules, parts 9530.6600 to 
49.17 	9530.6655 and 9530.7000 to 9530.7030. The commissioner of human services shall 
49.18 	reimburse the court for the cost of the chemical use assessment, up to a maximum of $100.
49.19 	The court shall have order a children's mental health screening conducted when 
49.20 	a child is found to be delinquent. The screening shall be conducted with a screening 
49.21 	instrument approved by the commissioner of human services and shall be conducted by a 
49.22 	mental health practitioner as defined in section 245.4871, subdivision 26, or a probation 
49.23 	officer who is trained in the use of the screening instrument. If the screening indicates 
49.24 	a need for assessment, the local social services agency, in consultation with the child's 
49.25 	family, shall have a diagnostic assessment conducted, including a functional assessment, 
49.26 	as defined in section 245.4871. 
49.27 	With the consent of the commissioner of corrections and agreement of the county to 
49.28 	pay the costs thereof, the court may, by order, place a minor coming within its jurisdiction 
49.29 	in an institution maintained by the commissioner for the detention, diagnosis, custody and 
49.30 	treatment of persons adjudicated to be delinquent, in order that the condition of the minor 
49.31 	be given due consideration in the disposition of the case. Any funds received under the 
49.32 	provisions of this subdivision shall not cancel until the end of the fiscal year immediately 
49.33 	following the fiscal year in which the funds were received. The funds are available for 
49.34 	use by the commissioner of corrections during that period and are hereby appropriated 
49.35 	annually to the commissioner of corrections as reimbursement of the costs of providing 
49.36 	these services to the juvenile courts.

50.1 	Sec. 4. Minnesota Statutes 2006, section 626.556, subdivision 2, is amended to read:
50.2 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
50.3 	given them unless the specific content indicates otherwise:
50.4 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
50.5 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
50.6 	child maltreatment report that does not allege substantial child endangerment. Family 
50.7 	assessment does not include a determination as to whether child maltreatment occurred 
50.8 	but does determine the need for services to address the safety of family members and the 
50.9 	risk of subsequent maltreatment.
50.10 	(b) "Investigation" means fact gathering related to the current safety of a child 
50.11 	and the risk of subsequent maltreatment that determines whether child maltreatment 
50.12 	occurred and whether child protective services are needed. An investigation must be used 
50.13 	when reports involve substantial child endangerment, and for reports of maltreatment in 
50.14 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
50.15 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
50.16 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
50.17 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
50.18 	(c) "Substantial child endangerment" means a person responsible for a child's care,
50.19 	and in the case of sexual abuse also includes a person who has a significant relationship to 
50.20 	the child as defined in section 609.341, or a person in a position of authority as defined in 
50.21 	section 609.341, who by act or omission commits or attempts to commit an act against a 
50.22 	child under their care that constitutes any of the following:
50.23 	(1) egregious harm as defined in section 260C.007, subdivision 14;
50.24 	(2) sexual abuse as defined in paragraph (d);
50.25 	(3) abandonment under section 260C.301, subdivision 2;
50.26 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
50.27 	child's physical or mental health, including a growth delay, which may be referred to as 
50.28 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
50.29 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
50.30 	609.195;
50.31 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
50.32 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
50.33 	609.223;
50.34 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
50.35 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
50.36 	(10) solicitation of children to engage in sexual conduct under section 609.352;
51.1 	(11) malicious punishment or neglect or endangerment of a child under section 
51.2 	609.377 or 609.378;
51.3 	(12) use of a minor in sexual performance under section 617.246; or
51.4 	(13) parental behavior, status, or condition which mandates that the county attorney 
51.5 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
51.6 	paragraph (a).
51.7 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
51.8 	child's care, by a person who has a significant relationship to the child, as defined in 
51.9 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
51.10 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
51.11 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
51.12 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
51.13 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
51.14 	abuse also includes any act which involves a minor which constitutes a violation of 
51.15 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
51.16 	threatened sexual abuse.
51.17 	(e) "Person responsible for the child's care" means (1) an individual functioning 
51.18 	within the family unit and having responsibilities for the care of the child such as a 
51.19 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
51.20 	functioning outside the family unit and having responsibilities for the care of the child 
51.21 	such as a teacher, school administrator, other school employees or agents, or other lawful 
51.22 	custodian of a child having either full-time or short-term care responsibilities including, 
51.23 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
51.24 	and coaching.
51.25 	(f) "Neglect" means:
51.26 	(1) failure by a person responsible for a child's care to supply a child with necessary 
51.27 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
51.28 	mental health when reasonably able to do so;
51.29 	(2) failure to protect a child from conditions or actions that seriously endanger the 
51.30 	child's physical or mental health when reasonably able to do so, including a growth delay, 
51.31 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
51.32 	is due to parental neglect;
51.33 	(3) failure to provide for necessary supervision or child care arrangements 
51.34 	appropriate for a child after considering factors as the child's age, mental ability, physical 
51.35 	condition, length of absence, or environment, when the child is unable to care for the 
51.36 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
52.1 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
52.2 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
52.3 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
52.4 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
52.5 	because the child's parent, guardian, or other person responsible for the child's care in 
52.6 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
52.7 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
52.8 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
52.9 	if a lack of medical care may cause serious danger to the child's health. This section does 
52.10 	not impose upon persons, not otherwise legally responsible for providing a child with 
52.11 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
52.12 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
52.13 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
52.14 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
52.15 	delivery or the child at birth, or medical effects or developmental delays during the child's 
52.16 	first year of life that medically indicate prenatal exposure to a controlled substance;
52.17 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
52.18 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
52.19 	person responsible for the care of the child that adversely affects the child's basic needs 
52.20 	and safety; or
52.21 	(9) emotional harm from a pattern of behavior which contributes to impaired 
52.22 	emotional functioning of the child which may be demonstrated by a substantial and 
52.23 	observable effect in the child's behavior, emotional response, or cognition that is not 
52.24 	within the normal range for the child's age and stage of development, with due regard to 
52.25 	the child's culture.
52.26 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
52.27 	inflicted by a person responsible for the child's care on a child other than by accidental 
52.28 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
52.29 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
52.30 	that have not been authorized under section 121A.67 or 245.825. Abuse does not include 
52.31 	reasonable and moderate physical discipline of a child administered by a parent or legal 
52.32 	guardian which does not result in an injury. Abuse does not include the use of reasonable 
52.33 	force by a teacher, principal, or school employee as allowed by section 121A.582. Actions 
52.34 	which are not reasonable and moderate include, but are not limited to, any of the following 
52.35 	that are done in anger or without regard to the safety of the child:
52.36 	(1) throwing, kicking, burning, biting, or cutting a child;
53.1 	(2) striking a child with a closed fist;
53.2 	(3) shaking a child under age three;
53.3 	(4) striking or other actions which result in any nonaccidental injury to a child 
53.4 	under 18 months of age;
53.5 	(5) unreasonable interference with a child's breathing;
53.6 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
53.7 	(7) striking a child under age one on the face or head;
53.8 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
53.9 	substances which were not prescribed for the child by a practitioner, in order to control or 
53.10 	punish the child; or other substances that substantially affect the child's behavior, motor 
53.11 	coordination, or judgment or that results in sickness or internal injury, or subjects the 
53.12 	child to medical procedures that would be unnecessary if the child were not exposed 
53.13 	to the substances;
53.14 	(9) unreasonable physical confinement or restraint not permitted under section 
53.15 	609.379, including but not limited to tying, caging, or chaining; or
53.16 	(10) in a school facility or school zone, an act by a person responsible for the child's 
53.17 	care that is a violation under section 121A.58.
53.18 	(h) "Report" means any report received by the local welfare agency, police 
53.19 	department, county sheriff, or agency responsible for assessing or investigating 
53.20 	maltreatment pursuant to this section.
53.21 	(i) "Facility" means: 
53.22 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
53.23 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
53.24 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B; 
53.25 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
53.26 	124D.10; or 
53.27 	(3) a nonlicensed personal care provider organization as defined in sections 256B.04, 
53.28 	subdivision 16, and 256B.0625, subdivision 19a.
53.29 	(j) "Operator" means an operator or agency as defined in section 245A.02.
53.30 	(k) "Commissioner" means the commissioner of human services.
53.31 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
53.32 	not limited to employee assistance counseling and the provision of guardian ad litem and 
53.33 	parenting time expeditor services.
53.34 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
53.35 	stability of a child as evidenced by an observable or substantial impairment in the child's 
54.1 	ability to function within a normal range of performance and behavior with due regard to 
54.2 	the child's culture.
54.3 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
54.4 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
54.5 	injury includes, but is not limited to, exposing a child to a person responsible for the 
54.6 	child's care, as defined in paragraph (e), clause (1), who has:
54.7 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
54.8 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
54.9 	similar law of another jurisdiction;
54.10 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
54.11 	(4), or a similar law of another jurisdiction;
54.12 	(3) committed an act that has resulted in an involuntary termination of parental rights 
54.13 	under section 260C.301, or a similar law of another jurisdiction; or
54.14 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
54.15 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
54.16 	paragraph (d), clause (1), or a similar law of another jurisdiction.
54.17 	(o) Persons who conduct assessments or investigations under this section shall take 
54.18 	into account accepted child-rearing practices of the culture in which a child participates 
54.19 	and accepted teacher discipline practices, which are not injurious to the child's health, 
54.20 	welfare, and safety.

54.21 	Sec. 5. Minnesota Statutes 2006, section 626.556, subdivision 3, is amended to read:
54.22 		Subd. 3.Persons mandated to report. (a) A person who knows or has reason 
54.23 	to believe a child is being neglected or physically or sexually abused, as defined in 
54.24 	subdivision 2, or has been neglected or physically or sexually abused within the preceding 
54.25 	three years, shall immediately report the information to the local welfare agency, agency 
54.26 	responsible for assessing or investigating the report, police department, or the county 
54.27 	sheriff if the person is:
54.28 	(1) a professional or professional's delegate who is engaged in the practice of 
54.29 	the healing arts, social services, hospital administration, psychological or psychiatric 
54.30 	treatment, child care, education, correctional supervision, probation and correctional 
54.31 	services, or law enforcement; or
54.32 	(2) employed as a member of the clergy and received the information while 
54.33 	engaged in ministerial duties, provided that a member of the clergy is not required by 
54.34 	this subdivision to report information that is otherwise privileged under section 595.02, 
54.35 	subdivision 1, paragraph (c).
55.1 	The police department or the county sheriff, upon receiving a report, shall 
55.2 	immediately notify the local welfare agency or agency responsible for assessing or 
55.3 	investigating the report, orally and in writing. The local welfare agency, or agency 
55.4 	responsible for assessing or investigating the report, upon receiving a report, shall 
55.5 	immediately notify the local police department or the county sheriff orally and in writing. 
55.6 	The county sheriff and the head of every local welfare agency, agency responsible 
55.7 	for assessing or investigating reports, and police department shall each designate a 
55.8 	person within their agency, department, or office who is responsible for ensuring that 
55.9 	the notification duties of this paragraph and paragraph (b) are carried out. Nothing in 
55.10 	this subdivision shall be construed to require more than one report from any institution, 
55.11 	facility, school, or agency.
55.12 	(b) Any person may voluntarily report to the local welfare agency, agency 
55.13 	responsible for assessing or investigating the report, police department, or the county 
55.14 	sheriff if the person knows, has reason to believe, or suspects a child is being or has been 
55.15 	neglected or subjected to physical or sexual abuse. The police department or the county 
55.16 	sheriff, upon receiving a report, shall immediately notify the local welfare agency or 
55.17 	agency responsible for assessing or investigating the report, orally and in writing. The 
55.18 	local welfare agency or agency responsible for assessing or investigating the report, upon 
55.19 	receiving a report, shall immediately notify the local police department or the county 
55.20 	sheriff orally and in writing.
55.21 	(c) A person mandated to report physical or sexual child abuse or neglect occurring 
55.22 	within a licensed facility shall report the information to the agency responsible for 
55.23 	licensing the facility under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or 
55.24 	chapter 245B; or a nonlicensed personal care provider organization as defined in sections 
55.25 	256B.04, subdivision 16; and 256B.0625, subdivision 19. A health or corrections agency 
55.26 	receiving a report may request the local welfare agency to provide assistance pursuant 
55.27 	to subdivisions 10, 10a, and 10b. A board or other entity whose licensees perform work 
55.28 	within a school facility, upon receiving a complaint of alleged maltreatment, shall provide 
55.29 	information about the circumstances of the alleged maltreatment to the commissioner of 
55.30 	education. Section 13.03, subdivision 4, applies to data received by the commissioner of 
55.31 	education from a licensing entity.
55.32 	(d) Any person mandated to report shall receive a summary of the disposition of 
55.33 	any report made by that reporter, including whether the case has been opened for child 
55.34 	protection or other services, or if a referral has been made to a community organization, 
55.35 	unless release would be detrimental to the best interests of the child. Any person who is 
55.36 	not mandated to report shall, upon request to the local welfare agency, receive a concise 
56.1 	summary of the disposition of any report made by that reporter, unless release would be 
56.2 	detrimental to the best interests of the child.
56.3 	(e) For purposes of this subdivision section, "immediately" means as soon as 
56.4 	possible but in no event longer than 24 hours.

56.5 	Sec. 6. Minnesota Statutes 2006, section 626.556, subdivision 10, is amended to read:
56.6 		Subd. 10.Duties of local welfare agency and local law enforcement agency upon 
56.7 	receipt of a report. (a) Upon receipt of a report, the local welfare agency shall determine 
56.8 	whether to conduct a family assessment or an investigation as appropriate to prevent or 
56.9 	provide a remedy for child maltreatment. The local welfare agency:
56.10 	(1) shall conduct an investigation on reports involving substantial child 
56.11 	endangerment;
56.12 	(2) shall begin an immediate investigation if, at any time when it is using a family 
56.13 	assessment response, it determines that there is reason to believe that substantial child 
56.14 	endangerment or a serious threat to the child's safety exists;
56.15 	(3) may conduct a family assessment for reports that do not allege substantial child 
56.16 	endangerment. In determining that a family assessment is appropriate, the local welfare 
56.17 	agency may consider issues of child safety, parental cooperation, and the need for an 
56.18 	immediate response; and
56.19 	(4) may conduct a family assessment on a report that was initially screened and 
56.20 	assigned for an investigation. In determining that a complete investigation is not required, 
56.21 	the local welfare agency must document the reason for terminating the investigation and 
56.22 	notify the local law enforcement agency if the local law enforcement agency is conducting 
56.23 	a joint investigation.
56.24 	If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, or 
56.25 	individual functioning within the family unit as a person responsible for the child's care, 
56.26 	the local welfare agency shall immediately conduct a family assessment or investigation 
56.27 	as identified in clauses (1) to (4). In conducting a family assessment or investigation, the 
56.28 	local welfare agency shall gather information on the existence of substance abuse and 
56.29 	domestic violence and offer services for purposes of preventing future child maltreatment, 
56.30 	safeguarding and enhancing the welfare of the abused or neglected minor, and supporting 
56.31 	and preserving family life whenever possible. If the report alleges a violation of a 
56.32 	criminal statute involving sexual abuse, physical abuse, or neglect or endangerment, 
56.33 	under section 609.378, the local law enforcement agency and local welfare agency shall 
56.34 	coordinate the planning and execution of their respective investigation and assessment 
56.35 	efforts to avoid a duplication of fact-finding efforts and multiple interviews. Each agency 
57.1 	shall prepare a separate report of the results of its investigation. In cases of alleged child 
57.2 	maltreatment resulting in death, the local agency may rely on the fact-finding efforts of a 
57.3 	law enforcement investigation to make a determination of whether or not maltreatment 
57.4 	occurred. When necessary the local welfare agency shall seek authority to remove the 
57.5 	child from the custody of a parent, guardian, or adult with whom the child is living. In 
57.6 	performing any of these duties, the local welfare agency shall maintain appropriate records.
57.7 	If the family assessment or investigation indicates there is a potential for abuse of 
57.8 	alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 
57.9 	the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota 
57.10 	Rules, part 9530.6615. The local welfare agency shall report the determination of the 
57.11 	chemical use assessment, and the recommendations and referrals for alcohol and other 
57.12 	drug treatment services to the state authority on alcohol and drug abuse.
57.13 	(b) When a local agency receives a report or otherwise has information indicating 
57.14 	that a child who is a client, as defined in section 245.91, has been the subject of physical 
57.15 	abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 
57.16 	245.91, it shall, in addition to its other duties under this section, immediately inform the 
57.17 	ombudsman established under sections 245.91 to 245.97. The commissioner of education 
57.18 	shall inform the ombudsman established under sections 245.91 to 245.97 of reports 
57.19 	regarding a child defined as a client in section 245.91 that maltreatment occurred at a 
57.20 	school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
57.21 	(c) Authority of the local welfare agency responsible for assessing or investigating 
57.22 	the child abuse or neglect report, the agency responsible for assessing or investigating 
57.23 	the report, and of the local law enforcement agency for investigating the alleged abuse or 
57.24 	neglect includes, but is not limited to, authority to interview, without parental consent, 
57.25 	the alleged victim and any other minors who currently reside with or who have resided 
57.26 	with the alleged offender. The interview may take place at school or at any facility or 
57.27 	other place where the alleged victim or other minors might be found or the child may be 
57.28 	transported to, and the interview conducted at, a place appropriate for the interview of a 
57.29 	child designated by the local welfare agency or law enforcement agency. The interview 
57.30 	may take place outside the presence of the alleged offender or parent, legal custodian, 
57.31 	guardian, or school official. For family assessments, it is the preferred practice to request 
57.32 	a parent or guardian's permission to interview the child prior to conducting the child 
57.33 	interview, unless doing so would compromise the safety assessment. Except as provided in 
57.34 	this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible 
57.35 	local welfare or law enforcement agency no later than the conclusion of the investigation 
57.36 	or assessment that this interview has occurred. Notwithstanding rule 49.02 32 of the 
58.1 	Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on 
58.2 	an ex parte motion by the local welfare agency, order that, where reasonable cause exists, 
58.3 	the agency withhold notification of this interview from the parent, legal custodian, or 
58.4 	guardian. If the interview took place or is to take place on school property, the order shall 
58.5 	specify that school officials may not disclose to the parent, legal custodian, or guardian the 
58.6 	contents of the notification of intent to interview the child on school property, as provided 
58.7 	under this paragraph, and any other related information regarding the interview that may 
58.8 	be a part of the child's school record. A copy of the order shall be sent by the local welfare 
58.9 	or law enforcement agency to the appropriate school official.
58.10 	(d) When the local welfare, local law enforcement agency, or the agency responsible 
58.11 	for assessing or investigating a report of maltreatment determines that an interview should 
58.12 	take place on school property, written notification of intent to interview the child on school 
58.13 	property must be received by school officials prior to the interview. The notification 
58.14 	shall include the name of the child to be interviewed, the purpose of the interview, and 
58.15 	a reference to the statutory authority to conduct an interview on school property. For 
58.16 	interviews conducted by the local welfare agency, the notification shall be signed by the 
58.17 	chair of the local social services agency or the chair's designee. The notification shall be 
58.18 	private data on individuals subject to the provisions of this paragraph. School officials 
58.19 	may not disclose to the parent, legal custodian, or guardian the contents of the notification 
58.20 	or any other related information regarding the interview until notified in writing by the 
58.21 	local welfare or law enforcement agency that the investigation or assessment has been 
58.22 	concluded, unless a school employee or agent is alleged to have maltreated the child. 
58.23 	Until that time, the local welfare or law enforcement agency or the agency responsible 
58.24 	for assessing or investigating a report of maltreatment shall be solely responsible for any 
58.25 	disclosures regarding the nature of the assessment or investigation.
58.26 	Except where the alleged offender is believed to be a school official or employee, 
58.27 	the time and place, and manner of the interview on school premises shall be within the 
58.28 	discretion of school officials, but the local welfare or law enforcement agency shall have 
58.29 	the exclusive authority to determine who may attend the interview. The conditions as to 
58.30 	time, place, and manner of the interview set by the school officials shall be reasonable and 
58.31 	the interview shall be conducted not more than 24 hours after the receipt of the notification 
58.32 	unless another time is considered necessary by agreement between the school officials and 
58.33 	the local welfare or law enforcement agency. Where the school fails to comply with the 
58.34 	provisions of this paragraph, the juvenile court may order the school to comply. Every 
58.35 	effort must be made to reduce the disruption of the educational program of the child, other 
58.36 	students, or school staff when an interview is conducted on school premises.
59.1 	(e) Where the alleged offender or a person responsible for the care of the alleged 
59.2 	victim or other minor prevents access to the victim or other minor by the local welfare 
59.3 	agency, the juvenile court may order the parents, legal custodian, or guardian to produce 
59.4 	the alleged victim or other minor for questioning by the local welfare agency or the local 
59.5 	law enforcement agency outside the presence of the alleged offender or any person 
59.6 	responsible for the child's care at reasonable places and times as specified by court order.
59.7 	(f) Before making an order under paragraph (e), the court shall issue an order to 
59.8 	show cause, either upon its own motion or upon a verified petition, specifying the basis for 
59.9 	the requested interviews and fixing the time and place of the hearing. The order to show 
59.10 	cause shall be served personally and shall be heard in the same manner as provided in 
59.11 	other cases in the juvenile court. The court shall consider the need for appointment of a 
59.12 	guardian ad litem to protect the best interests of the child. If appointed, the guardian ad 
59.13 	litem shall be present at the hearing on the order to show cause.
59.14 	(g) The commissioner of human services, the ombudsman for mental health and 
59.15 	developmental disabilities, the local welfare agencies responsible for investigating reports, 
59.16 	the commissioner of education, and the local law enforcement agencies have the right to 
59.17 	enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, 
59.18 	including medical records, as part of the investigation. Notwithstanding the provisions of 
59.19 	chapter 13, they also have the right to inform the facility under investigation that they are 
59.20 	conducting an investigation, to disclose to the facility the names of the individuals under 
59.21 	investigation for abusing or neglecting a child, and to provide the facility with a copy of 
59.22 	the report and the investigative findings.
59.23 	(h) The local welfare agency responsible for conducting a family assessment shall 
59.24 	collect available and relevant information to determine child safety, risk of subsequent 
59.25 	child maltreatment, and family strengths and needs. The local welfare agency or the 
59.26 	agency responsible for investigating the report shall collect available and relevant 
59.27 	information to ascertain whether maltreatment occurred and whether protective services 
59.28 	are needed. Information collected includes, when relevant, information with regard to 
59.29 	the person reporting the alleged maltreatment, including the nature of the reporter's 
59.30 	relationship to the child and to the alleged offender, and the basis of the reporter's 
59.31 	knowledge for the report; the child allegedly being maltreated; the alleged offender; the 
59.32 	child's caretaker; and other collateral sources having relevant information related to the 
59.33 	alleged maltreatment. The local welfare agency or the agency responsible for assessing 
59.34 	or investigating the report may make a determination of no maltreatment early in an 
59.35 	assessment, and close the case and retain immunity, if the collected information shows no 
59.36 	basis for a full assessment or investigation.
60.1 	Information relevant to the assessment or investigation must be asked for, and 
60.2 	may include:
60.3 	(1) the child's sex and age, prior reports of maltreatment, information relating 
60.4 	to developmental functioning, credibility of the child's statement, and whether the 
60.5 	information provided under this clause is consistent with other information collected 
60.6 	during the course of the assessment or investigation;
60.7 	(2) the alleged offender's age, a record check for prior reports of maltreatment, and 
60.8 	criminal charges and convictions. The local welfare agency or the agency responsible for 
60.9 	assessing or investigating the report must provide the alleged offender with an opportunity 
60.10 	to make a statement. The alleged offender may submit supporting documentation relevant 
60.11 	to the assessment or investigation;
60.12 	(3) collateral source information regarding the alleged maltreatment and care of the 
60.13 	child. Collateral information includes, when relevant: (i) a medical examination of the 
60.14 	child; (ii) prior medical records relating to the alleged maltreatment or the care of the 
60.15 	child maintained by any facility, clinic, or health care professional and an interview with 
60.16 	the treating professionals; and (iii) interviews with the child's caretakers, including the 
60.17 	child's parent, guardian, foster parent, child care provider, teachers, counselors, family 
60.18 	members, relatives, and other persons who may have knowledge regarding the alleged 
60.19 	maltreatment and the care of the child; and
60.20 	(4) information on the existence of domestic abuse and violence in the home of 
60.21 	the child, and substance abuse.
60.22 	Nothing in this paragraph precludes the local welfare agency, the local law 
60.23 	enforcement agency, or the agency responsible for assessing or investigating the report 
60.24 	from collecting other relevant information necessary to conduct the assessment or 
60.25 	investigation. Notwithstanding section 13.384 or 144.335, the local welfare agency has 
60.26 	access to medical data and records for purposes of clause (3). Notwithstanding the data's 
60.27 	classification in the possession of any other agency, data acquired by the local welfare 
60.28 	agency or the agency responsible for assessing or investigating the report during the course 
60.29 	of the assessment or investigation are private data on individuals and must be maintained 
60.30 	in accordance with subdivision 11. Data of the commissioner of education collected 
60.31 	or maintained during and for the purpose of an investigation of alleged maltreatment 
60.32 	in a school are governed by this section, notwithstanding the data's classification as 
60.33 	educational, licensing, or personnel data under chapter 13.
60.34 	In conducting an assessment or investigation involving a school facility as defined 
60.35 	in subdivision 2, paragraph (i), the commissioner of education shall collect investigative 
61.1 	reports and data that are relevant to a report of maltreatment and are from local law 
61.2 	enforcement and the school facility.
61.3 	(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face 
61.4 	contact with the child reported to be maltreated and with the child's primary caregiver 
61.5 	sufficient to complete a safety assessment and ensure the immediate safety of the child. 
61.6 	The face-to-face contact with the child and primary caregiver shall occur immediately 
61.7 	if substantial child endangerment is alleged and within five calendar days for all other 
61.8 	reports. If the alleged offender was not already interviewed as the primary caregiver, the 
61.9 	local welfare agency shall also conduct a face-to-face interview with the alleged offender 
61.10 	in the early stages of the assessment or investigation. At the initial contact, the local child 
61.11 	welfare agency or the agency responsible for assessing or investigating the report must 
61.12 	inform the alleged offender of the complaints or allegations made against the individual in 
61.13 	a manner consistent with laws protecting the rights of the person who made the report. 
61.14 	The interview with the alleged offender may be postponed if it would jeopardize an active 
61.15 	law enforcement investigation.
61.16 	(j) When conducting an investigation, the local welfare agency shall use a question 
61.17 	and answer interviewing format with questioning as nondirective as possible to elicit 
61.18 	spontaneous responses. For investigations only, the following interviewing methods and 
61.19 	procedures must be used whenever possible when collecting information:
61.20 	(1) audio recordings of all interviews with witnesses and collateral sources; and
61.21 	(2) in cases of alleged sexual abuse, audio-video recordings of each interview with 
61.22 	the alleged victim and child witnesses.
61.23 	(k) In conducting an assessment or investigation involving a school facility as 
61.24 	defined in subdivision 2, paragraph (i), the commissioner of education shall collect 
61.25 	available and relevant information and use the procedures in paragraphs (i), (k), and 
61.26 	subdivision 3d, except that the requirement for face-to-face observation of the child 
61.27 	and face-to-face interview of the alleged offender is to occur in the initial stages of the 
61.28 	assessment or investigation provided that the commissioner may also base the assessment 
61.29 	or investigation on investigative reports and data received from the school facility and 
61.30 	local law enforcement, to the extent those investigations satisfy the requirements of 
61.31 	paragraphs (i) and (k), and subdivision 3d.

61.32 	Sec. 7. Minnesota Statutes 2006, section 626.556, subdivision 10c, is amended to read:
61.33 		Subd. 10c.Duties of local social service agency upon receipt of a report of 
61.34 	medical neglect. If the report alleges medical neglect as defined in section 260C.007, 
61.35 	subdivision 4 6, clause (5), the local welfare agency shall, in addition to its other duties 
62.1 	under this section, immediately consult with designated hospital staff and with the parents 
62.2 	of the infant to verify that appropriate nutrition, hydration, and medication are being 
62.3 	provided; and shall immediately secure an independent medical review of the infant's 
62.4 	medical charts and records and, if necessary, seek a court order for an independent medical 
62.5 	examination of the infant. If the review or examination leads to a conclusion of medical 
62.6 	neglect, the agency shall intervene on behalf of the infant by initiating legal proceedings 
62.7 	under section 260C.141 and by filing an expedited motion to prevent the withholding 
62.8 	of medically indicated treatment. 

62.9 	ARTICLE 3
62.10 	CONTINUING CARE

62.11 	Section 1. Minnesota Statutes 2006, section 256B.69, subdivision 23, is amended to 
62.12 	read:
62.13 		Subd. 23.Alternative services; elderly and disabled persons. (a) The 
62.14 	commissioner may implement demonstration projects to create alternative integrated 
62.15 	delivery systems for acute and long-term care services to elderly persons and persons 
62.16 	with disabilities as defined in section 256B.77, subdivision 7a, that provide increased 
62.17 	coordination, improve access to quality services, and mitigate future cost increases. 
62.18 	The commissioner may seek federal authority to combine Medicare and Medicaid 
62.19 	capitation payments for the purpose of such demonstrations and may contract with 
62.20 	Medicare-approved special needs plans to provide Medicaid services. Medicare funds and 
62.21 	services shall be administered according to the terms and conditions of the federal contract 
62.22 	and demonstration provisions. For the purpose of administering medical assistance funds, 
62.23 	demonstrations under this subdivision are subject to subdivisions 1 to 22. The provisions 
62.24 	of Minnesota Rules, parts 9500.1450 to 9500.1464, apply to these demonstrations, 
62.25 	with the exceptions of parts 9500.1452, subpart 2, item B; and 9500.1457, subpart 1, 
62.26 	items B and C, which do not apply to persons enrolling in demonstrations under this 
62.27 	section. An initial open enrollment period may be provided. Persons who disenroll from 
62.28 	demonstrations under this subdivision remain subject to Minnesota Rules, parts 9500.1450
62.29 	to 9500.1464. When a person is enrolled in a health plan under these demonstrations and 
62.30 	the health plan's participation is subsequently terminated for any reason, the person shall 
62.31 	be provided an opportunity to select a new health plan and shall have the right to change 
62.32 	health plans within the first 60 days of enrollment in the second health plan. Persons 
62.33 	required to participate in health plans under this section who fail to make a choice of 
62.34 	health plan shall not be randomly assigned to health plans under these demonstrations. 
62.35 	Notwithstanding section 256L.12, subdivision 5, and Minnesota Rules, part 9505.5220, 
63.1 	subpart 1, item A, if adopted, for the purpose of demonstrations under this subdivision, 
63.2 	the commissioner may contract with managed care organizations, including counties, to 
63.3 	serve only elderly persons eligible for medical assistance, elderly and disabled persons, or 
63.4 	disabled persons only. For persons with a primary diagnosis of developmental disability, 
63.5 	serious and persistent mental illness, or serious emotional disturbance, the commissioner 
63.6 	must ensure that the county authority has approved the demonstration and contracting 
63.7 	design. Enrollment in these projects for persons with disabilities shall be voluntary. The 
63.8 	commissioner shall not implement any demonstration project under this subdivision for 
63.9 	persons with a primary diagnosis of developmental disabilities, serious and persistent 
63.10 	mental illness, or serious emotional disturbance, without approval of the county board of 
63.11 	the county in which the demonstration is being implemented.
63.12 	(b) Notwithstanding chapter 245B, sections 252.40 to 252.46, 256B.092, 256B.501
63.13 	to 256B.5015, and Minnesota Rules, parts 9525.0004 to 9525.0036, 9525.1200 to 
63.14 	9525.1330, 9525.1580, and 9525.1800 to 9525.1930, the commissioner may implement 
63.15 	under this section projects for persons with developmental disabilities. The commissioner 
63.16 	may capitate payments for ICF/MR services, waivered services for developmental 
63.17 	disabilities, including case management services, day training and habilitation and 
63.18 	alternative active treatment services, and other services as approved by the state and by 
63.19 	the federal government. Case management and active treatment must be individualized 
63.20 	and developed in accordance with a person-centered plan. Costs under these projects may 
63.21 	not exceed costs that would have been incurred under fee-for-service. Beginning July 1, 
63.22 	2003, and until twofour years after the pilot project implementation date, subcontractor 
63.23 	participation in the long-term care developmental disability pilot is limited to a nonprofit 
63.24 	long-term care system providing ICF/MR services, home and community-based waiver 
63.25 	services, and in-home services to no more than 120 consumers with developmental 
63.26 	disabilities in Carver, Hennepin, and Scott Counties. The commissioner shall report to the 
63.27 	legislature prior to expansion of the developmental disability pilot project. This paragraph 
63.28 	expires twofour years after the implementation date of the pilot project.
63.29 	(c) Before implementation of a demonstration project for disabled persons, the 
63.30 	commissioner must provide information to appropriate committees of the house of 
63.31 	representatives and senate and must involve representatives of affected disability groups 
63.32 	in the design of the demonstration projects.
63.33 	(d) A nursing facility reimbursed under the alternative reimbursement methodology 
63.34 	in section 256B.434 may, in collaboration with a hospital, clinic, or other health care entity 
63.35 	provide services under paragraph (a). The commissioner shall amend the state plan and 
63.36 	seek any federal waivers necessary to implement this paragraph.
64.1 	(e) The commissioner, in consultation with the commissioners of commerce and 
64.2 	health, may approve and implement programs for all-inclusive care for the elderly (PACE) 
64.3 	according to federal laws and regulations governing that program and state laws or rules 
64.4 	applicable to participating providers. The process for approval of these programs shall 
64.5 	begin only after the commissioner receives grant money in an amount sufficient to cover 
64.6 	the state share of the administrative and actuarial costs to implement the programs during 
64.7 	state fiscal years 2006 and 2007. Grant amounts for this purpose shall be deposited in an 
64.8 	account in the special revenue fund and are appropriated to the commissioner to be used 
64.9 	solely for the purpose of PACE administrative and actuarial costs. A PACE provider is 
64.10 	not required to be licensed or certified as a health plan company as defined in section 
64.11 	62Q.01, subdivision 4. Persons age 55 and older who have been screened by the county 
64.12 	and found to be eligible for services under the elderly waiver or community alternatives 
64.13 	for disabled individuals or who are already eligible for Medicaid but meet level of 
64.14 	care criteria for receipt of waiver services may choose to enroll in the PACE program. 
64.15 	Medicare and Medicaid services will be provided according to this subdivision and 
64.16 	federal Medicare and Medicaid requirements governing PACE providers and programs. 
64.17 	PACE enrollees will receive Medicaid home and community-based services through the 
64.18 	PACE provider as an alternative to services for which they would otherwise be eligible 
64.19 	through home and community-based waiver programs and Medicaid State Plan Services. 
64.20 	The commissioner shall establish Medicaid rates for PACE providers that do not exceed 
64.21 	costs that would have been incurred under fee-for-service or other relevant managed care 
64.22 	programs operated by the state.
64.23 	(f) The commissioner shall seek federal approval to expand the Minnesota disability 
64.24 	health options (MnDHO) program established under this subdivision in stages, first to 
64.25 	regional population centers outside the seven-county metro area and then to all areas 
64.26 	of the state. Until January 1, 2008, expansion for MnDHO projects that include home 
64.27 	and community-based services is limited to the two projects and service areas in effect 
64.28 	on March 1, 2006.  Enrollment in integrated MnDHO programs that include home and 
64.29 	community-based services shall remain voluntary. Costs for home and community-based 
64.30 	services included under MnDHO must not exceed costs that would have been incurred 
64.31 	under the fee-for-service program. In developing program specifications for expansion of 
64.32 	integrated programs, the commissioner shall involve and consult the state-level stakeholder 
64.33 	group established in subdivision 28, paragraph (d), including consultation on whether and 
64.34 	how to include home and community-based waiver programs. Plans for further expansion 
64.35 	of MnDHO projects shall be presented to the chairs of the house and senate committees 
64.36 	with jurisdiction over health and human services policy and finance by February 1, 2007.
65.1 	(g) Notwithstanding section 256B.0261, health plans providing services under this 
65.2 	section are responsible for home care targeted case management and relocation targeted 
65.3 	case management. Services must be provided according to the terms of the waivers and 
65.4 	contracts approved by the federal government.