HF 3376

CCR--HF3376B - 85th Legislature (2007 - 2008)

Posted on 01/15/2013 08:28 p.m.

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 3376 1.2A bill for an act 1.3relating to human services; amending the MFIP work participation program; 1.4changing child care assistance provisions; changing the child care assistance 1.5sliding fee scale; establishing a child care advisory task force; requiring a 1.6mandated report; making technical changes;amending Minnesota Statutes 1.72006, sections 119B.011, subdivision 17; 119B.03, subdivisions 1, 6; 119B.09, 1.8subdivisions 1, 9; 119B.125, by adding a subdivision; 119B.21, subdivision 1.910; 256E.30, subdivision 1; 256E.35, subdivision 7; 256J.24, subdivision 5; 1.10256J.39, by adding a subdivision; 256J.425, subdivision 1; 256J.521, subdivision 1.114; 256J.54, subdivisions 2, 5; 256J.545; Minnesota Statutes 2007 Supplement, 1.12sections 119B.12; 119B.125, subdivision 2; 119B.13, subdivisions 1, 7; 119B.21, 1.13subdivision 5; 119B.231, subdivision 5; 245C.08, subdivision 2; 256E.35, 1.14subdivision 2; 256J.20, subdivision 3; 256J.49, subdivision 13; 256J.626, 1.15subdivisions 3, 7; 256J.95, subdivision 3; repealing Minnesota Statutes 2006, 1.16section 256K.25. 1.17May 17, 2008 1.18The Honorable Margaret Anderson Kelliher 1.19Speaker of the House of Representatives 1.20The Honorable James P. Metzen 1.21President of the Senate 1.22We, the undersigned conferees for H. F. No. 3376 report that we have agreed upon 1.23the items in dispute and recommend as follows: 1.24That the Senate recede from its amendment and that H. F. No. 3376 be further 1.25amended as follows: 1.26Delete everything after the enacting clause and insert: 1.27"ARTICLE 1 1.28MFIP WORK PARTICIPATION AND LICENSING 1.29    Section 1. Minnesota Statutes 2006, section 245C.24, subdivision 2, is amended to read: 1.30    Subd. 2. Permanent bar to set aside a disqualification. (a) Except as provided in 1.31paragraph (b), the commissioner may not set aside the disqualification of any individual 2.1disqualified pursuant to this chapter, regardless of how much time has passed, if the 2.2individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1. 2.3    (b) For an individual in the chemical dependency new text begin or corrections new text end field who was 2.4disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose 2.5disqualification was set aside prior to July 1, 2005, the commissioner must consider 2.6granting a variance pursuant to section 245C.30 for the license holder for a program 2.7dealing primarily with adults. A request for reconsideration evaluated under this paragraph 2.8must include a letter of recommendation from the license holder that was subject to the 2.9prior set-aside decision addressing the individual's quality of care to children or vulnerable 2.10adults and the circumstances of the individual's departure from that service. 2.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 2.12    Sec. 2. Minnesota Statutes 2007 Supplement, section 256.01, subdivision 2, is 2.13amended to read: 2.14    Subd. 2. Specific powers. Subject to the provisions of section 241.021, subdivision 2.152 , the commissioner of human services shall carry out the specific duties in paragraphs (a) 2.16through (cc): 2.17    (a) Administer and supervise all forms of public assistance provided for by state law 2.18and other welfare activities or services as are vested in the commissioner. Administration 2.19and supervision of human services activities or services includes, but is not limited to, 2.20assuring timely and accurate distribution of benefits, completeness of service, and quality 2.21program management. In addition to administering and supervising human services 2.22activities vested by law in the department, the commissioner shall have the authority to: 2.23    (1) require county agency participation in training and technical assistance programs 2.24to promote compliance with statutes, rules, federal laws, regulations, and policies 2.25governing human services; 2.26    (2) monitor, on an ongoing basis, the performance of county agencies in the 2.27operation and administration of human services, enforce compliance with statutes, rules, 2.28federal laws, regulations, and policies governing welfare services and promote excellence 2.29of administration and program operation; 2.30    (3) develop a quality control program or other monitoring program to review county 2.31performance and accuracy of benefit determinations; 2.32    (4) require county agencies to make an adjustment to the public assistance benefits 2.33issued to any individual consistent with federal law and regulation and state law and rule 2.34and to issue or recover benefits as appropriate; 3.1    (5) delay or deny payment of all or part of the state and federal share of benefits and 3.2administrative reimbursement according to the procedures set forth in section 256.017; 3.3    (6) make contracts with and grants to public and private agencies and organizations, 3.4both profit and nonprofit, and individuals, using appropriated funds; and 3.5    (7) enter into contractual agreements with federally recognized Indian tribes with 3.6a reservation in Minnesota to the extent necessary for the tribe to operate a federally 3.7approved family assistance program or any other program under the supervision of the 3.8commissioner. The commissioner shall consult with the affected county or counties in 3.9the contractual agreement negotiations, if the county or counties wish to be included, 3.10in order to avoid the duplication of county and tribal assistance program services. The 3.11commissioner may establish necessary accounts for the purposes of receiving and 3.12disbursing funds as necessary for the operation of the programs. 3.13    (b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law, 3.14regulation, and policy necessary to county agency administration of the programs. 3.15    (c) Administer and supervise all child welfare activities; promote the enforcement of 3.16laws protecting disabled, dependent, neglected and delinquent children, and children born 3.17to mothers who were not married to the children's fathers at the times of the conception 3.18nor at the births of the children; license and supervise child-caring and child-placing 3.19agencies and institutions; supervise the care of children in boarding and foster homes or 3.20in private institutions; and generally perform all functions relating to the field of child 3.21welfare now vested in the State Board of Control. 3.22    (d) Administer and supervise all noninstitutional service to disabled persons, 3.23including those who are visually impaired, hearing impaired, or physically impaired 3.24or otherwise disabled. The commissioner may provide and contract for the care and 3.25treatment of qualified indigent children in facilities other than those located and available 3.26at state hospitals when it is not feasible to provide the service in state hospitals. 3.27    (e) Assist and actively cooperate with other departments, agencies and institutions, 3.28local, state, and federal, by performing services in conformity with the purposes of Laws 3.291939, chapter 431. 3.30    (f) Act as the agent of and cooperate with the federal government in matters of 3.31mutual concern relative to and in conformity with the provisions of Laws 1939, chapter 3.32431, including the administration of any federal funds granted to the state to aid in the 3.33performance of any functions of the commissioner as specified in Laws 1939, chapter 431, 3.34and including the promulgation of rules making uniformly available medical care benefits 3.35to all recipients of public assistance, at such times as the federal government increases its 4.1participation in assistance expenditures for medical care to recipients of public assistance, 4.2the cost thereof to be borne in the same proportion as are grants of aid to said recipients. 4.3    (g) Establish and maintain any administrative units reasonably necessary for the 4.4performance of administrative functions common to all divisions of the department. 4.5    (h) Act as designated guardian of both the estate and the person of all the wards of 4.6the state of Minnesota, whether by operation of law or by an order of court, without any 4.7further act or proceeding whatever, except as to persons committed as developmentally 4.8disabled. For children under the guardianship of the commissioner or a tribe in Minnesota 4.9recognized by the Secretary of the Interior whose interests would be best served by 4.10adoptive placement, the commissioner may contract with a licensed child-placing agency 4.11or a Minnesota tribal social services agency to provide adoption services. A contract 4.12with a licensed child-placing agency must be designed to supplement existing county 4.13efforts and may not replace existing county programs or tribal social services, unless the 4.14replacement is agreed to by the county board and the appropriate exclusive bargaining 4.15representative, tribal governing body, or the commissioner has evidence that child 4.16placements of the county continue to be substantially below that of other counties. Funds 4.17encumbered and obligated under an agreement for a specific child shall remain available 4.18until the terms of the agreement are fulfilled or the agreement is terminated. 4.19    (i) Act as coordinating referral and informational center on requests for service for 4.20newly arrived immigrants coming to Minnesota. 4.21    (j) The specific enumeration of powers and duties as hereinabove set forth shall in no 4.22way be construed to be a limitation upon the general transfer of powers herein contained. 4.23    (k) Establish county, regional, or statewide schedules of maximum fees and charges 4.24which may be paid by county agencies for medical, dental, surgical, hospital, nursing and 4.25nursing home care and medicine and medical supplies under all programs of medical 4.26care provided by the state and for congregate living care under the income maintenance 4.27programs. 4.28    (l) Have the authority to conduct and administer experimental projects to test 4.29methods and procedures of administering assistance and services to recipients or potential 4.30recipients of public welfare. To carry out such experimental projects, it is further provided 4.31that the commissioner of human services is authorized to waive the enforcement of 4.32existing specific statutory program requirements, rules, and standards in one or more 4.33counties. The order establishing the waiver shall provide alternative methods and 4.34procedures of administration, shall not be in conflict with the basic purposes, coverage, or 4.35benefits provided by law, and in no event shall the duration of a project exceed four years. 4.36It is further provided that no order establishing an experimental project as authorized by 5.1the provisions of this section shall become effective until the following conditions have 5.2been met: 5.3    (1) the secretary of health and human services of the United States has agreed, for 5.4the same project, to waive state plan requirements relative to statewide uniformity; and 5.5    (2) a comprehensive plan, including estimated project costs, shall be approved by 5.6the Legislative Advisory Commission and filed with the commissioner of administration. 5.7    (m) According to federal requirements, establish procedures to be followed by 5.8local welfare boards in creating citizen advisory committees, including procedures for 5.9selection of committee members. 5.10    (n) Allocate federal fiscal disallowances or sanctions which are based on quality 5.11control error rates for the aid to families with dependent children program formerly 5.12codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the 5.13following manner: 5.14    (1) one-half of the total amount of the disallowance shall be borne by the county 5.15boards responsible for administering the programs. For the medical assistance and the 5.16AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be 5.17shared by each county board in the same proportion as that county's expenditures for the 5.18sanctioned program are to the total of all counties' expenditures for the AFDC program 5.19formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the 5.20food stamp program, sanctions shall be shared by each county board, with 50 percent of 5.21the sanction being distributed to each county in the same proportion as that county's 5.22administrative costs for food stamps are to the total of all food stamp administrative costs 5.23for all counties, and 50 percent of the sanctions being distributed to each county in the 5.24same proportion as that county's value of food stamp benefits issued are to the total of 5.25all benefits issued for all counties. Each county shall pay its share of the disallowance 5.26to the state of Minnesota. When a county fails to pay the amount due hereunder, the 5.27commissioner may deduct the amount from reimbursement otherwise due the county, or 5.28the attorney general, upon the request of the commissioner, may institute civil action 5.29to recover the amount due; and 5.30    (2) notwithstanding the provisions of clause (1), if the disallowance results from 5.31knowing noncompliance by one or more counties with a specific program instruction, and 5.32that knowing noncompliance is a matter of official county board record, the commissioner 5.33may require payment or recover from the county or counties, in the manner prescribed in 5.34clause (1), an amount equal to the portion of the total disallowance which resulted from the 5.35noncompliance, and may distribute the balance of the disallowance according to clause (1). 6.1    (o) Develop and implement special projects that maximize reimbursements and 6.2result in the recovery of money to the state. For the purpose of recovering state money, 6.3the commissioner may enter into contracts with third parties. Any recoveries that result 6.4from projects or contracts entered into under this paragraph shall be deposited in the 6.5state treasury and credited to a special account until the balance in the account reaches 6.6$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be 6.7transferred and credited to the general fund. All money in the account is appropriated to 6.8the commissioner for the purposes of this paragraph. 6.9    (p) Have the authority to make direct payments to facilities providing shelter 6.10to women and their children according to section 256D.05, subdivision 3. Upon 6.11the written request of a shelter facility that has been denied payments under section 6.12256D.05, subdivision 3 , the commissioner shall review all relevant evidence and make 6.13a determination within 30 days of the request for review regarding issuance of direct 6.14payments to the shelter facility. Failure to act within 30 days shall be considered a 6.15determination not to issue direct payments. 6.16    (q) Have the authority to establish and enforce the following county reporting 6.17requirements: 6.18    (1) the commissioner shall establish fiscal and statistical reporting requirements 6.19necessary to account for the expenditure of funds allocated to counties for human 6.20services programs. When establishing financial and statistical reporting requirements, the 6.21commissioner shall evaluate all reports, in consultation with the counties, to determine if 6.22the reports can be simplified or the number of reports can be reduced; 6.23    (2) the county board shall submit monthly or quarterly reports to the department 6.24as required by the commissioner. Monthly reports are due no later than 15 working days 6.25after the end of the month. Quarterly reports are due no later than 30 calendar days after 6.26the end of the quarter, unless the commissioner determines that the deadline must be 6.27shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines 6.28or risking a loss of federal funding. Only reports that are complete, legible, and in the 6.29required format shall be accepted by the commissioner; 6.30    (3) if the required reports are not received by the deadlines established in clause (2), 6.31the commissioner may delay payments and withhold funds from the county board until 6.32the next reporting period. When the report is needed to account for the use of federal 6.33funds and the late report results in a reduction in federal funding, the commissioner shall 6.34withhold from the county boards with late reports an amount equal to the reduction in 6.35federal funding until full federal funding is received; 7.1    (4) a county board that submits reports that are late, illegible, incomplete, or not 7.2in the required format for two out of three consecutive reporting periods is considered 7.3noncompliant. When a county board is found to be noncompliant, the commissioner 7.4shall notify the county board of the reason the county board is considered noncompliant 7.5and request that the county board develop a corrective action plan stating how the 7.6county board plans to correct the problem. The corrective action plan must be submitted 7.7to the commissioner within 45 days after the date the county board received notice 7.8of noncompliance; 7.9    (5) the final deadline for fiscal reports or amendments to fiscal reports is one year 7.10after the date the report was originally due. If the commissioner does not receive a report 7.11by the final deadline, the county board forfeits the funding associated with the report for 7.12that reporting period and the county board must repay any funds associated with the 7.13report received for that reporting period; 7.14    (6) the commissioner may not delay payments, withhold funds, or require repayment 7.15under clause (3) or (5) if the county demonstrates that the commissioner failed to 7.16provide appropriate forms, guidelines, and technical assistance to enable the county to 7.17comply with the requirements. If the county board disagrees with an action taken by the 7.18commissioner under clause (3) or (5), the county board may appeal the action according 7.19to sections 14.57 to 14.69; and 7.20    (7) counties subject to withholding of funds under clause (3) or forfeiture or 7.21repayment of funds under clause (5) shall not reduce or withhold benefits or services to 7.22clients to cover costs incurred due to actions taken by the commissioner under clause 7.23(3) or (5). 7.24    (r) Allocate federal fiscal disallowances or sanctions for audit exceptions when 7.25federal fiscal disallowances or sanctions are based on a statewide random sample for 7.26the foster care program under title IV-E of the Social Security Act, United States Code, 7.27title 42, in direct proportion to each county's title IV-E foster care maintenance claim 7.28for that period. 7.29    (s) Be responsible for ensuring the detection, prevention, investigation, and 7.30resolution of fraudulent activities or behavior by applicants, recipients, and other 7.31participants in the human services programs administered by the department. 7.32    (t) Require county agencies to identify overpayments, establish claims, and utilize 7.33all available and cost-beneficial methodologies to collect and recover these overpayments 7.34in the human services programs administered by the department. 7.35    (u) Have the authority to administer a drug rebate program for drugs purchased 7.36pursuant to the prescription drug program established under section 256.955 after the 8.1beneficiary's satisfaction of any deductible established in the program. The commissioner 8.2shall require a rebate agreement from all manufacturers of covered drugs as defined in 8.3section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on 8.4or after July 1, 2002, must include rebates for individuals covered under the prescription 8.5drug program who are under 65 years of age. For each drug, the amount of the rebate shall 8.6be equal to the rebate as defined for purposes of the federal rebate program in United 8.7States Code, title 42, section 1396r-8. The manufacturers must provide full payment 8.8within 30 days of receipt of the state invoice for the rebate within the terms and conditions 8.9used for the federal rebate program established pursuant to section 1927 of title XIX of 8.10the Social Security Act. The manufacturers must provide the commissioner with any 8.11information necessary to verify the rebate determined per drug. The rebate program shall 8.12utilize the terms and conditions used for the federal rebate program established pursuant to 8.13section 1927 of title XIX of the Social Security Act. 8.14    (v) Have the authority to administer the federal drug rebate program for drugs 8.15purchased under the medical assistance program as allowed by section 1927 of title XIX 8.16of the Social Security Act and according to the terms and conditions of section 1927. 8.17Rebates shall be collected for all drugs that have been dispensed or administered in an 8.18outpatient setting and that are from manufacturers who have signed a rebate agreement 8.19with the United States Department of Health and Human Services. 8.20    (w) Have the authority to administer a supplemental drug rebate program for drugs 8.21purchased under the medical assistance program. The commissioner may enter into 8.22supplemental rebate contracts with pharmaceutical manufacturers and may require prior 8.23authorization for drugs that are from manufacturers that have not signed a supplemental 8.24rebate contract. Prior authorization of drugs shall be subject to the provisions of section 8.25256B.0625, subdivision 13 . 8.26    (x) Operate the department's communication systems account established in Laws 8.271993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared 8.28communication costs necessary for the operation of the programs the commissioner 8.29supervises. A communications account may also be established for each regional 8.30treatment center which operates communications systems. Each account must be used 8.31to manage shared communication costs necessary for the operations of the programs the 8.32commissioner supervises. The commissioner may distribute the costs of operating and 8.33maintaining communication systems to participants in a manner that reflects actual usage. 8.34Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and 8.35other costs as determined by the commissioner. Nonprofit organizations and state, county, 8.36and local government agencies involved in the operation of programs the commissioner 9.1supervises may participate in the use of the department's communications technology and 9.2share in the cost of operation. The commissioner may accept on behalf of the state any 9.3gift, bequest, devise or personal property of any kind, or money tendered to the state for 9.4any lawful purpose pertaining to the communication activities of the department. Any 9.5money received for this purpose must be deposited in the department's communication 9.6systems accounts. Money collected by the commissioner for the use of communication 9.7systems must be deposited in the state communication systems account and is appropriated 9.8to the commissioner for purposes of this section. 9.9    (y) Receive any federal matching money that is made available through the medical 9.10assistance program for the consumer satisfaction survey. Any federal money received for 9.11the survey is appropriated to the commissioner for this purpose. The commissioner may 9.12expend the federal money received for the consumer satisfaction survey in either year of 9.13the biennium. 9.14    (z) Designate community information and referral call centers and incorporate 9.15cost reimbursement claims from the designated community information and referral 9.16call centers into the federal cost reimbursement claiming processes of the department 9.17according to federal law, rule, and regulations. Existing information and referral centers 9.18provided by Greater Twin Cities United Way or existing call centers for which Greater 9.19Twin Cities United Way has legal authority to represent, shall be included in these 9.20designations upon review by the commissioner and assurance that these services are 9.21accredited and in compliance with national standards. Any reimbursement is appropriated 9.22to the commissioner and all designated information and referral centers shall receive 9.23payments according to normal department schedules established by the commissioner 9.24upon final approval of allocation methodologies from the United States Department of 9.25Health and Human Services Division of Cost Allocation or other appropriate authorities. 9.26    (aa) Develop recommended standards for foster care homes that address the 9.27components of specialized therapeutic services to be provided by foster care homes with 9.28those services. 9.29    (bb) Authorize the method of payment to or from the department as part of the 9.30human services programs administered by the department. This authorization includes the 9.31receipt or disbursement of funds held by the department in a fiduciary capacity as part of 9.32the human services programs administered by the department. 9.33    (cc) Have the authority to administer a drug rebate program for drugs purchased for 9.34persons eligible for general assistance medical care under section 256D.03, subdivision 3. 9.35For manufacturers that agree to participate in the general assistance medical care rebate 9.36program, the commissioner shall enter into a rebate agreement for covered drugs as 10.1defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the 10.2rebate shall be equal to the rebate as defined for purposes of the federal rebate program in 10.3United States Code, title 42, section 1396r-8. The manufacturers must provide payment 10.4within the terms and conditions used for the federal rebate program established under 10.5section 1927 of title XIX of the Social Security Act. The rebate program shall utilize 10.6the terms and conditions used for the federal rebate program established under section 10.71927 of title XIX of the Social Security Act. 10.8    Effective January 1, 2006, drug coverage under general assistance medical care shall 10.9be limited to those prescription drugs that: 10.10    (1) are covered under the medical assistance program as described in section 10.11256B.0625, subdivisions 13 and 13d ; and 10.12    (2) are provided by manufacturers that have fully executed general assistance 10.13medical care rebate agreements with the commissioner and comply with such agreements. 10.14Prescription drug coverage under general assistance medical care shall conform to 10.15coverage under the medical assistance program according to section 256B.0625, 10.16subdivisions 13 to 13g . 10.17    The rebate revenues collected under the drug rebate program are deposited in the 10.18general fund. 10.19    Sec. 3. Minnesota Statutes 2006, section 256J.425, subdivision 1, is amended to read: 10.20    Subdivision 1. Eligibility. (a) To be eligible for a hardship extension, a participant 10.21in an assistance unit subject to the time limit under section 256J.42, subdivision 1, must 10.22be in compliance in the participant's 60th counted month. For purposes of determining 10.23eligibility for a hardship extension, a participant is in compliance in any month that the 10.24participant has not been sanctioned. new text begin In order to maintain eligibility for any of the hardship new text end 10.25 new text begin extension categories a participant shall develop and comply with either an employment new text end 10.26 new text begin plan or a family stabilization services plan, whichever is appropriate. new text end 10.27    (b) If one participant in a two-parent assistance unit is determined to be ineligible for 10.28a hardship extension, the county shall give the assistance unit the option of disqualifying 10.29the ineligible participant from MFIP. In that case, the assistance unit shall be treated as a 10.30one-parent assistance unit and the assistance unit's MFIP grant shall be calculated using 10.31the shared household standard under section 256J.08, subdivision 82a. 10.32    (c) Prior to denying an extension, the county must review the sanction status and 10.33determine whether the sanction is appropriate or if good cause exists under section 256J.57. 10.34If the sanction was inappropriately applied or the participant is granted a good cause 10.35exception before the end of month 60, the participant shall be considered for an extension. 11.1    Sec. 4. Minnesota Statutes 2007 Supplement, section 256J.626, subdivision 3, is 11.2amended to read: 11.3    Subd. 3. Eligibility for services. Families with a minor child, a pregnant woman, 11.4or a noncustodial parent of a minor child receiving assistance, with incomes below 200 11.5percent of the federal poverty guideline for a family of the applicable size, are eligible for 11.6services funded under the consolidated fund. Counties and tribes must give priority to 11.7families currently receiving MFIP, the diversionary work program, or family stabilization 11.8services, and families at risk of receiving MFIP or diversionary work program. new text begin A county new text end 11.9 new text begin or tribe shall not impose a residency requirement on families, except for the residency new text end 11.10 new text begin requirement under section 256J.12. new text end 11.11    Sec. 5. Minnesota Statutes 2007 Supplement, section 256J.626, subdivision 7, is 11.12amended to read: 11.13    Subd. 7. Performance base funds. (a) Beginning new text begin For new text end calendar year 2008 new text begin 2009 new text end 11.14 new text begin and yearly thereafter new text end , each county and tribe will be allocated 95 percent of their initial 11.15calendar year allocation. Counties and tribes will be allocated additional funds based on 11.16performance as follows: 11.17    (1) for calendar year 2008 and yearly thereafter, a county or tribe that achieves a 11.1850 percent MFIP new text begin TANF new text end participation rate or a five percentage point improvement over 11.19the previous year's MFIP new text begin TANF new text end participation rate under section 256J.751, subdivision 2, 11.20clause (7), as averaged across the four quarterly measurements new text begin 12 consecutive months new text end for 11.21the most recent year for which the measurements are available, will receive an additional 11.22allocation equal to 2.5 percent of its initial allocation; and 11.23     (2) for calendar years 2005 and thereafter, a county or tribe that performs above the 11.24top of its annualized range of expected performance on the three-year self-support index 11.25under section 256J.751, subdivision 2, clause (6), will receive an additional allocation 11.26equal to five percent of its initial allocation; and 11.27    (3) for calendar years 2005 and thereafter, a county or tribe that performs within new text begin or new text end 11.28 new text begin above new text end its range of expected performance on the annualized three-year self-support index 11.29under section 256J.751, subdivision 2, clause (6), will receive an additional allocation 11.30equal to 2.5 percent of its initial allocation; and 11.31    (4) for calendar years 2008 and thereafter, new text begin (3) new text end a county or tribe that does not achieve 11.32a 50 percent MFIP new text begin TANF new text end participation rate or a five percentage point improvement over 11.33the previous year's MFIP new text begin TANF new text end participation rate under section 256J.751, subdivision 2, 11.34clause (7), as averaged across the four quarterly measurements new text begin 12 consecutive months new text end 11.35for the most recent year for which the measurements are available, will not receive 12.1an additional 2.5 percent of its initial allocation until after negotiating a multiyear 12.2improvement plan with the commissioner; or 12.3    (5) for calendar years 2008 and thereafter, new text begin (4) new text end a county or tribe that does not 12.4perform within new text begin or above new text end its range of expected performance on the annualized three-year 12.5self-support index under section 256J.751, subdivision 2, clause (6), will not receive an 12.6additional allocation equal to 2.5 percent of its initial allocation until after negotiating a 12.7multiyear improvement plan with the commissioner. 12.8    (b) new text begin For calendar year 2009 and yearly thereafter, new text end performance-based funds for a 12.9federally approved tribal TANF program in which the state and tribe have in place a 12.10contract under section 256.01, addressing consolidated funding, will be allocated as 12.11follows: 12.12    (1) for calendar year 2006 and yearly thereafter, a tribe that achieves the participation 12.13rate approved in its federal TANF plan using the average of four quarterly measurements 12.14 new text begin 12 consecutive months new text end for the most recent year for which the measurements are available, 12.15will receive an additional allocation equal to 2.5 percent of its initial allocation; and 12.16    (2) for calendar years 2006 and thereafter, a tribe that performs above the top of its 12.17annualized range of expected performance on the three-year self-support index under 12.18section 256J.751, subdivision 2, clause (6), will receive an additional allocation equal 12.19to five percent of its initial allocation; or 12.20    (3) for calendar years 2006 and thereafter, a tribe that performs within new text begin or above new text end its 12.21range of expected performance on the annualized three-year self-support index under 12.22section 256J.751, subdivision 2, clause (6), will receive an additional allocation equal 12.23to 2.5 percent of its initial allocation; or 12.24    (4) for calendar year 2008 and yearly thereafter, new text begin (3) new text end a tribe that does not achieve the 12.25participation rate approved in its federal TANF plan using the average of four quarterly 12.26measurements new text begin 12 consecutive months new text end for the most recent year for which the measurements 12.27are available, will not receive an additional allocation equal to 2.5 percent of its initial 12.28allocation until after negotiating a multiyear improvement plan with the commissioner; or 12.29    (5) for calendar year 2008 and yearly thereafter, new text begin (4) new text end a tribe that does not perform 12.30within new text begin or above new text end its range of expected performance on the annualized three-year 12.31self-support index under section 256J.751, subdivision 2, clause (6), will not receive an 12.32additional allocation equal to 2.5 percent until after negotiating a multiyear improvement 12.33plan with the commissioner. 12.34    (c) Funds remaining unallocated after the performance-based allocations in 12.35paragraph (a) are available to the commissioner for innovation projects under subdivision 12.365. 13.1    (d) (1) If available funds are insufficient to meet county and tribal allocations 13.2under paragraph (a), the commissioner may make available for allocation funds that are 13.3unobligated and available from the innovation projects through the end of the current 13.4biennium. 13.5    (2) If after the application of clause (1) funds remain insufficient to meet county and 13.6tribal allocations under paragraph (a), the commissioner must proportionally reduce the 13.7allocation of each county and tribe with respect to their maximum allocation available 13.8under paragraph (a). 13.9ARTICLE 2 13.10CHILD CARE 13.11    Section 1. Minnesota Statutes 2006, section 119B.03, subdivision 6, is amended to read: 13.12    Subd. 6. Allocation formula. The basic sliding fee state and federal funds shall be 13.13allocated on a calendar year basis. Funds shall be allocated first in amounts equal to each 13.14county's guaranteed floor according to subdivision 8, with any remaining available funds 13.15allocated according to the following formula: 13.16    (a) One-fourth of the funds shall be allocated in proportion to each county's total 13.17expenditures for the basic sliding fee child care program reported during the most recent 13.18fiscal year completed at the time of the notice of allocation. 13.19    (b) new text begin Up to new text end one-fourth of the funds shall be allocated based on new text begin in proportion to new text end the 13.20number of families participating in the transition year child care program as reported 13.21during new text begin and averaged over new text end the most recent quarter new text begin six months new text end completed at the time of the 13.22notice of allocation. new text begin Funds in excess of the amount necessary to serve all families in this new text end 13.23 new text begin category shall be allocated according to paragraph (f). new text end 13.24    (c) new text begin Up to new text end one-fourth of the funds shall be allocated in proportion to new text begin the average of new text end 13.25each county's most recently new text begin recent six months of new text end reported first, second, and third priority 13.26waiting list as defined in subdivision 2 and the reinstatement list of those families whose 13.27assistance was terminated with the approval of the commissioner under Minnesota Rules, 13.28part 3400.0183, subpart 1. new text begin Funds in excess of the amount necessary to serve all families in new text end 13.29 new text begin this category shall be allocated according to paragraph (f). new text end 13.30    (d) new text begin Up to new text end one-fourth of the funds must new text begin shall new text end be allocated in proportion to new text begin the average new text end 13.31 new text begin of new text end each county's most recently new text begin recent six months of new text end reported waiting list as defined in 13.32subdivision 2 and the reinstatement list of those families whose assistance was terminated 13.33with the approval of the commissioner under Minnesota Rules, part 3400.0183, subpart 13.341. new text begin Funds in excess of the amount necessary to serve all families in this category shall new text end 13.35 new text begin be allocated according to paragraph (f). new text end 14.1     new text begin (e) The amount necessary to serve all families in paragraphs (b), (c), and (d) shall be new text end 14.2 new text begin calculated based on the basic sliding fee average cost of care per family in the county with new text end 14.3 new text begin the highest cost in the most recently completed calendar year. new text end 14.4     new text begin (f) Funds in excess of the amount necessary to serve all families in paragraphs (b), new text end 14.5 new text begin (c), and (d) shall be allocated in proportion to each county's total expenditures for the basic new text end 14.6 new text begin sliding fee child care program reported during the most recent fiscal year completed at the new text end 14.7 new text begin time of the notice of allocation. new text end 14.8    Sec. 2. Minnesota Statutes 2006, section 119B.09, subdivision 9, is amended to read: 14.9    Subd. 9. Licensed and legal nonlicensed family child care providers; assistance. 14.10    Licensed and legal nonlicensed family child care providers new text begin and their employees new text end are not 14.11eligible to receive child care assistance subsidies under this chapter for their own children 14.12or children in their family during the hours they are providing child care or being paid to 14.13provide child care. Child care providers new text begin and their employees new text end are eligible to receive child 14.14care assistance subsidies for their children when they are engaged in other activities that 14.15meet the requirements of this chapter and for which child care assistance can be paid. The 14.16hours for which the provider new text begin or their employee new text end receives a child care subsidy for their own 14.17children must not overlap with the hours the provider provides child care services. 14.18    Sec. 3. Minnesota Statutes 2007 Supplement, section 119B.231, subdivision 5, is 14.19amended to read: 14.20    Subd. 5. Relationship to current law. (a) The following provisions in chapter 119B 14.21must be waived or modified for families receiving services under this section. 14.22    (b) Notwithstanding section 119B.13, subdivisions 1 and 1a, maximum weekly rates 14.23under this section are 125 percent of the existing maximum weekly rate for like-care. 14.24Providers eligible for a differential rate under section 119B.13, subdivision 3a, remain 14.25eligible for the differential above the rate identified in this section. Only care for children 14.26who have not yet entered kindergarten may be paid at the maximum rate under this 14.27section. The provider's charge for service provided through an SRSA may not exceed the 14.28rate that the provider charges a private-pay family for like-care arrangements. 14.29    (c) A family or child care provider may not be assessed an overpayment for care 14.30provided through an SRSA unless: 14.31    (1) there was an error in the amount of care authorized for the family; or 14.32    (2) the family or provider did not timely report a change as required under the law. 14.33    (d) Care provided through an SRSA is authorized on a weekly basis. 15.1    (e) Funds appropriated under this section to serve families eligible under section 15.2119B.03 are not allocated through the basic sliding fee formula under section 119B.03. 15.3Funds appropriated under this section are used to offset increased costs when payments 15.4are made under SRSA's. 15.5    (f) Notwithstanding section 119B.09, subdivision 6, the maximum amount of child 15.6care assistance that may be authorized for a child receiving care through an SRSA in a 15.7two-week period is 160 hours per child. 15.8     new text begin (g) Effective upon date of enactment, absent day payment limits under section new text end 15.9 new text begin 119B.13, subdivision 7, do not apply to children for care paid through SRSA's provided new text end 15.10 new text begin the family remains eligible under subdivision 3. new text end 15.11    Sec. 5. new text begin CHILD CARE ADVISORY TASK FORCE. new text end 15.12     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The commissioner of human services shall establish new text end 15.13 new text begin a Child Care Advisory Task Force of stakeholders to review and make recommendations new text end 15.14 new text begin to the legislature to remove barriers facing families applying for and receiving child care new text end 15.15 new text begin assistance under Minnesota Statutes, chapter 119B. new text end 15.16     new text begin Subd. 2. new text end new text begin Membership. new text end new text begin The commissioner of human services shall appoint Child new text end 15.17 new text begin Care Advisory Task Force members. The Child Care Advisory Task Force shall include, new text end 15.18 new text begin but is not limited to, representatives from: new text end 15.19     new text begin (1) the Department of Human Services; new text end 15.20     new text begin (2) counties and nonprofit organizations administering the child care assistance new text end 15.21 new text begin programs; new text end 15.22     new text begin (3) a parent receiving child care assistance; new text end 15.23     new text begin (4) the child care advocacy community; and new text end 15.24     new text begin (5) the antipoverty advocacy community. new text end 15.25     new text begin Subd. 3. new text end new text begin Duties. new text end new text begin The Child Care Advisory Task Force shall review child care new text end 15.26 new text begin assistance laws, rules, and policies and make recommendations to remove barriers facing new text end 15.27 new text begin families applying for child care assistance or completing reauthorization for child care new text end 15.28 new text begin assistance to the legislative committees with jurisdiction over the child care assistance new text end 15.29 new text begin programs under Minnesota Statutes, chapter 119B. Barriers to review include, but are new text end 15.30 new text begin not limited to: new text end 15.31     new text begin (1) length of application forms; new text end 15.32     new text begin (2) consistency of application and reauthorization forms statewide; new text end 15.33     new text begin (3) documentation requirements, including frequency of producing documentation; new text end 15.34     new text begin (4) barriers facing parents with limited English; and new text end 15.35     new text begin (5) length of reauthorization periods. new text end 16.1     new text begin Subd. 4. new text end new text begin Report. new text end new text begin By January 15, 2010, the Department of Human Services shall new text end 16.2 new text begin report to the legislative committees with jurisdiction over the child care assistance new text end 16.3 new text begin programs with the Child Care Advisory Task Force recommendations to remove the new text end 16.4 new text begin barriers facing families in applying for and receiving child care assistance. new text end 16.5     new text begin Subd. 5. new text end new text begin Task force expenses. new text end new text begin Notwithstanding Minnesota Statutes, section 15.059, new text end 16.6 new text begin task force members must not be paid a per diem or reimbursed for any expenses associated new text end 16.7 new text begin with their membership on the task force. new text end 16.8     new text begin Subd. 6. new text end new text begin Expiration. new text end new text begin The Child Care Advisory Task Force expires June 30, 2010. new text end 16.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 16.10ARTICLE 3 16.11CHILD CARE TECHNICAL 16.12    Section 1. Minnesota Statutes 2006, section 119B.011, subdivision 17, is amended to 16.13read: 16.14    Subd. 17. MFIP. "MFIP" means the Minnesota family investment program, the 16.15state's TANF program under Public Law 104-193, Title I, and includes the MFIP program 16.16under chapter 256J, the work first program under chapter 256K, and tribal contracts under 16.17section 119B.02, subdivision 2, or 256.01, subdivision 2. 16.18    Sec. 2. Minnesota Statutes 2006, section 119B.03, subdivision 1, is amended to read: 16.19    Subdivision 1. Allocation period; Notice of allocation. When the commissioner 16.20notifies county and human service boards of the forms and instructions they are to 16.21follow in the development of their child care fund plans required under section 119B.08, 16.22subdivision 3 , the commissioner shall also notify county and human services boards of 16.23their estimated child care fund program allocation for the two years covered by the plan. 16.24By October 1 of each year, the commissioner shall notify all counties of their final child 16.25care fund program allocation. 16.26    Sec. 3. Minnesota Statutes 2006, section 119B.09, subdivision 1, is amended to read: 16.27    Subdivision 1. General eligibility requirements for all applicants for child 16.28care assistance. (a) Child care services must be available to families who need child 16.29care to find or keep employment or to obtain the training or education necessary to find 16.30employment and who: 16.31    (1) have household income less than or equal to 250 new text begin 67 new text end percent of the federal poverty 16.32guidelines new text begin state median income new text end , adjusted for family size, and meet the requirements 17.1of section 119B.05; receive MFIP assistance; and are participating in employment and 17.2training services under chapter 256J or 256K; or 17.3    (2) have household income less than or equal to 175 new text begin 47 new text end percent of the federal 17.4poverty guidelines new text begin state median income new text end , adjusted for family size, at program entry and 17.5less than 250 new text begin 67 new text end percent of the federal poverty guidelines new text begin state median income new text end , adjusted 17.6for family size, at program exit. 17.7    (b) Child care services must be made available as in-kind services. 17.8    (c) All applicants for child care assistance and families currently receiving child care 17.9assistance must be assisted and required to cooperate in establishment of paternity and 17.10enforcement of child support obligations for all children in the family as a condition 17.11of program eligibility. For purposes of this section, a family is considered to meet the 17.12requirement for cooperation when the family complies with the requirements of section 17.13256.741 . 17.14    Sec. 4. Minnesota Statutes 2007 Supplement, section 119B.12, is amended to read: 17.15119B.12 SLIDING FEE SCALE. 17.16    Subdivision 1. Fee schedule. In setting the sliding fee schedule, the commissioner 17.17shall exclude from the amount of income used to determine eligibility an amount for 17.18federal and state income and Social Security taxes attributable to that income level 17.19according to federal and state standardized tax tables. The commissioner shall base the 17.20parent fee on the ability of the family to pay for child care. The fee schedule must be 17.21designed to use any available tax credits. 17.22    PARENT FEE SCHEDULE. The parent fee schedule is as follows new text begin , except as noted new text end 17.23 new text begin in subdivision 2 new text end : 17.24 17.25 17.26 Income Range (as a percent of the federal poverty guidelines new text begin state median income, new text end new text begin except at the start of the first tier new text end ) Co-payment (as a percentage of adjusted gross income) 17.27 0-74.99% new text begin of federal poverty guidelines new text end $0/month 17.28 75.00-99.99% new text begin of federal poverty guidelines new text end $5/month 17.29 17.30 100.00-104.99% new text begin 100.00% of federal new text end new text begin poverty guidelines-27.72% new text end 2.61% 17.31 105.00-109.99% new text begin 27.73-29.04% new text end 2.61% 17.32 110.00-114.99% new text begin 29.05-30.36% new text end 2.61% 17.33 115.00-119.99% new text begin 30.37-31.68% new text end 2.61% 18.1 120.00-124.99% new text begin 31.69-33.00% new text end 2.91% 18.2 125.00-129.99% new text begin 33.01-34.32% new text end 2.91% 18.3 130.00-134.99% new text begin 34.33-35.65% new text end 2.91% 18.4 135.00-139.99% new text begin 35.66-36.96% new text end 2.91% 18.5 140.00-144.99% new text begin 36.97-38.29% new text end 3.21% 18.6 145.00-149.99% new text begin 38.30-39.61% new text end 3.21% 18.7 150.00-154.99% new text begin 39.62-40.93% new text end 3.21% 18.8 155.00-159.99% new text begin 40.94-42.25% new text end 3.84% 18.9 160.00-164.99% new text begin 42.26-43.57% new text end 3.84% 18.10 165.00-169.99% new text begin 43.58-44.89% new text end 4.46% 18.11 170.00-174.99% new text begin 44.90-46.21% new text end 4.76% 18.12 175.00-179.99% new text begin 46.22-47.53% new text end 5.05% 18.13 180.00-184.99% new text begin 47.54-48.85% new text end 5.65% 18.14 185.00-189.99% new text begin 48.86-50.17% new text end 5.95% 18.15 190.00-194.99% new text begin 50.18-51.49% new text end 6.24% 18.16 195.00-199.99% new text begin 51.50-52.81% new text end 6.84% 18.17 200.00-204.99% new text begin 52.82-54.13% new text end 7.58% 18.18 205.00-209.99% new text begin 54.14-55.45% new text end 8.33% 18.19 210.00-214.99% new text begin 55.46-56.77% new text end 9.20% 18.20 215.00-219.99% new text begin 56.78-58.09% new text end 10.07% 18.21 220.00-224.99% new text begin 58.10-59.41% new text end 10.94% 18.22 225.00-229.99% new text begin 59.42-60.73% new text end 11.55% 18.23 230.00-234.99% new text begin 60.74-62.06% new text end 12.16% 18.24 235.00-239.99% new text begin 62.07-63.38% new text end 12.77% 18.25 240.00-244.99% new text begin 63.39-64.70% new text end 13.38% 18.26 245.00-249.99% new text begin 64.71-66.99% new text end 14.00% 18.27 250% new text begin 67.00% new text end ineligible 18.28    A family's monthly co-payment fee is the fixed percentage established for the 18.29income range multiplied by the highest possible income within that income range. 19.1    Subd. 2. Parent fee. A family must be assessed a parent fee for each service period. 19.2A family's parent fee must be a fixed percentage of its annual gross income. Parent fees 19.3must apply to families eligible for child care assistance under sections 119B.03 and 19.4119B.05 . Income must be as defined in section 119B.011, subdivision 15. The fixed 19.5percent is based on the relationship of the family's annual gross income to 100 percent 19.6of the annual federal poverty guidelines new text begin state median income new text end . Parent fees must begin 19.7at 75 percent of the poverty level. The minimum parent fees for families between 75 19.8percent and 100 percent of poverty level must be $5 per month. Parent fees must provide 19.9for graduated movement to full payment. Payment of part or all of a family's parent 19.10fee directly to the family's child care provider on behalf of the family by a source other 19.11than the family shall not affect the family's eligibility for child care assistance, and the 19.12amount paid shall be excluded from the family's income. Child care providers who accept 19.13third-party payments must maintain family specific documentation of payment source, 19.14amount, and time period covered by the payment. 19.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 19.16    Sec. 5. Minnesota Statutes 2006, section 119B.125, is amended by adding a subdivision 19.17to read: 19.18     new text begin Subd. 1a. new text end new text begin Background study required. new text end new text begin This subdivision only applies to legal, new text end 19.19 new text begin nonlicensed family child care providers. Prior to authorization, and as part of each new text end 19.20 new text begin reauthorization required in subdivision 1, the county shall perform a background study on new text end 19.21 new text begin every member of the provider's household who is age 13 and older. The background study new text end 19.22 new text begin shall be conducted according to the procedures under subdivision 2. new text end 19.23    Sec. 6. Minnesota Statutes 2007 Supplement, section 119B.125, subdivision 2, is 19.24amended to read: 19.25    Subd. 2. Persons who cannot be authorized. (a) A person who new text begin When any new text end 19.26 new text begin member of the legal, nonlicensed family child care provider's household new text end meets any of the 19.27conditions under paragraphs (b) to (n) new text begin , the provider new text end must not be authorized as a legal 19.28nonlicensed family child care provider. To determine whether any of the listed conditions 19.29exist, the county must request information about the provider new text begin and other household new text end 19.30 new text begin members for whom a background study is required under subdivision 1a new text end from the Bureau 19.31of Criminal Apprehension, the juvenile courts, and social service agencies. When one 19.32of the listed entities does not maintain information on a statewide basis, the county must 19.33contact the entity in the county where the provider resides and any other county in which 19.34the provider new text begin or any household member new text end previously resided in the past year. For purposes of 20.1this subdivision, a finding that a delinquency petition is proven in juvenile court must be 20.2considered a conviction in state district court. If a county has determined that a provider 20.3is able to be authorized in that county, and a family in another county later selects that 20.4provider, the provider is able to be authorized in the second county without undergoing a 20.5new background investigation unless one of the following conditions exists: 20.6    (1) two years have passed since the first authorization; 20.7    (2) another person age 13 or older has joined the provider's household since the 20.8last authorization; 20.9    (3) a current household member has turned 13 since the last authorization; or 20.10    (4) there is reason to believe that a household member has a factor that prevents 20.11authorization. 20.12    (b) The person has been convicted of one of the following offenses or has admitted to 20.13committing or a preponderance of the evidence indicates that the person has committed an 20.14act that meets the definition of one of the following offenses: sections 609.185 to 609.195, 20.15murder in the first, second, or third degree; 609.2661 to 609.2663, murder of an unborn 20.16child in the first, second, or third degree; 609.322, solicitation, inducement, promotion 20.17of prostitution, or receiving profit from prostitution; 609.342 to 609.345, criminal sexual 20.18conduct in the first, second, third, or fourth degree; 609.352, solicitation of children to 20.19engage in sexual conduct; 609.365, incest; 609.377, felony malicious punishment of a 20.20child; 617.246, use of minors in sexual performance; 617.247, possession of pictorial 20.21representation of a minor; 609.2242 to 609.2243, felony domestic assault; a felony offense 20.22of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime 20.23against children; or an attempt or conspiracy to commit any of these offenses as defined in 20.24Minnesota Statutes; or an offense in any other state or country where the elements are 20.25substantially similar to any of the offenses listed in this paragraph. 20.26    (c) Less than 15 years have passed since the discharge of the sentence imposed for 20.27the offense and the person has received a felony conviction for one of the following 20.28offenses, or the person has admitted to committing or a preponderance of the evidence 20.29indicates that the person has committed an act that meets the definition of a felony 20.30conviction for one of the following offenses: sections 609.20 to 609.205, manslaughter in 20.31the first or second degree; 609.21, criminal vehicular homicide; 609.215, aiding suicide 20.32or aiding attempted suicide; 609.221 to 609.2231, assault in the first, second, third, or 20.33fourth degree; 609.224, repeat offenses of fifth degree assault; 609.228, great bodily 20.34harm caused by distribution of drugs; 609.2325, criminal abuse of a vulnerable adult; 20.35609.2335 , financial exploitation of a vulnerable adult; 609.235, use of drugs to injure or 20.36facilitate a crime; 609.24, simple robbery; 617.241, repeat offenses of obscene materials 21.1and performances; 609.245, aggravated robbery; 609.25, kidnapping; 609.255, false 21.2imprisonment; 609.2664 to 609.2665, manslaughter of an unborn child in the first or 21.3second degree; 609.267 to 609.2672, assault of an unborn child in the first, second, or third 21.4degree; 609.268, injury or death of an unborn child in the commission of a crime; 609.27, 21.5coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other prohibited acts, minor 21.6engaged in prostitution; 609.3451, repeat offenses of criminal sexual conduct in the fifth 21.7degree; 609.378, neglect or endangerment of a child; 609.52, theft; 609.521, possession of 21.8shoplifting gear; 609.561 to 609.563, arson in the first, second, or third degree; 609.582, 21.9burglary in the first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63, 21.10forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining signature 21.11by false pretenses; 609.66, dangerous weapon; 609.665, setting a spring gun; 609.67, 21.12unlawfully owning, possessing, or operating a machine gun; 609.687, adulteration; 609.71, 21.13riot; 609.713, terrorist threats; 609.749, harassment, stalking; 260C.301, termination of 21.14parental rights; 152.021 to 152.022 and 152.0262, controlled substance crime in the first 21.15or second degree; 152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2, 21.16clause (4), controlled substance crime in third degree; 152.024, subdivision 1, clause 21.17(2), (3), or (4), controlled substance crime in fourth degree; 617.23, repeat offenses of 21.18indecent exposure; an attempt or conspiracy to commit any of these offenses as defined in 21.19Minnesota Statutes; or an offense in any other state or country where the elements are 21.20substantially similar to any of the offenses listed in this paragraph. 21.21    (d) Less than ten years have passed since the discharge of the sentence imposed for 21.22the offense and the person has received a gross misdemeanor conviction for one of the 21.23following offenses or the person has admitted to committing or a preponderance of the 21.24evidence indicates that the person has committed an act that meets the definition of a gross 21.25misdemeanor conviction for one of the following offenses: sections 609.224, fifth degree 21.26assault; 609.2242 to 609.2243, domestic assault; 518B.01, subdivision 14, violation of 21.27an order for protection; 609.3451, fifth degree criminal sexual conduct; 609.746, repeat 21.28offenses of interference with privacy; 617.23, repeat offenses of indecent exposure; 21.29617.241 , obscene materials and performances; 617.243, indecent literature, distribution; 21.30617.293 , disseminating or displaying harmful material to minors; 609.71, riot; 609.66, 21.31dangerous weapons; 609.749, harassment, stalking; 609.224, subdivision 2, paragraph 21.32(c), fifth degree assault against a vulnerable adult by a caregiver; 609.23, mistreatment 21.33of persons confined; 609.231, mistreatment of residents or patients; 609.2325, criminal 21.34abuse of a vulnerable adult; 609.2335, financial exploitation of a vulnerable adult; 21.35609.233 , criminal neglect of a vulnerable adult; 609.234, failure to report maltreatment of 21.36a vulnerable adult; 609.72, subdivision 3, disorderly conduct against a vulnerable adult; 22.1609.265 , abduction; 609.378, neglect or endangerment of a child; 609.377, malicious 22.2punishment of a child; 609.324, subdivision 1a, other prohibited acts, minor engaged 22.3in prostitution; 609.33, disorderly house; 609.52, theft; 609.582, burglary in the first, 22.4second, third, or fourth degree; 609.631, check forgery, offering a forged check; 609.275, 22.5attempt to coerce; an attempt or conspiracy to commit any of these offenses as defined in 22.6Minnesota Statutes; or an offense in any other state or country where the elements are 22.7substantially similar to any of the offenses listed in this paragraph. 22.8    (e) Less than seven years have passed since the discharge of the sentence imposed 22.9for the offense and the person has received a misdemeanor conviction for one of the 22.10following offenses or the person has admitted to committing or a preponderance of 22.11the evidence indicates that the person has committed an act that meets the definition 22.12of a misdemeanor conviction for one of the following offenses: sections 609.224, fifth 22.13degree assault; 609.2242, domestic assault; 518B.01, violation of an order for protection; 22.14609.3232 , violation of an order for protection; 609.746, interference with privacy; 609.79, 22.15obscene or harassing telephone calls; 609.795, letter, telegram, or package opening, 22.16harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child, third degree; 22.17617.293 , dissemination and display of harmful materials to minors; 609.66, dangerous 22.18weapons; 609.665, spring guns; an attempt or conspiracy to commit any of these offenses 22.19as defined in Minnesota Statutes; or an offense in any other state or country where the 22.20elements are substantially similar to any of the offenses listed in this paragraph. 22.21    (f) The person has been identified by the child protection agency in the county where 22.22the provider resides or a county where the provider has resided or by the statewide child 22.23protection database as a person found by a preponderance of evidence under section 22.24626.556 to be responsible for physical or sexual abuse of a child within the last seven years. 22.25    (g) The person has been identified by the adult protection agency in the county 22.26where the provider resides or a county where the provider has resided or by the statewide 22.27adult protection database as the person responsible for abuse or neglect of a vulnerable 22.28adult within the last seven years. 22.29    (h) The person has refused to give written consent for disclosure of criminal history 22.30records. 22.31    (i) The person has been denied a family child care license or has received a fine or a 22.32sanction as a licensed child care provider that has not been reversed on appeal. 22.33    (j) The person has a family child care licensing disqualification that has not been 22.34set aside. 23.1    (k) The person has admitted or a county has found that there is a preponderance of 23.2evidence that fraudulent information was given to the county for child care assistance 23.3application purposes or was used in submitting child care assistance bills for payment. 23.4    (l) The person has been convicted of the crime of theft by wrongfully obtaining 23.5public assistance or has been found guilty of wrongfully obtaining public assistance by a 23.6federal court, state court, or an administrative hearing determination or waiver, through a 23.7disqualification consent agreement, as part of an approved diversion plan under section 23.8401.065 , or a court-ordered stay with probationary or other conditions. 23.9    (m) The person has a household member age 13 or older who has access to children 23.10during the hours that care is provided and who meets one of the conditions listed in 23.11paragraphs (b) to (l). 23.12    (n) The person has a household member ages ten to 12 who has access to children 23.13during the hours that care is provided; information or circumstances exist which provide 23.14the county with articulable suspicion that further pertinent information may exist showing 23.15the household member meets one of the conditions listed in paragraphs (b) to (l); and the 23.16household member actually meets one of the conditions listed in paragraphs (b) to (l). 23.17    Sec. 7. Minnesota Statutes 2007 Supplement, section 119B.13, subdivision 1, is 23.18amended to read: 23.19    Subdivision 1. Subsidy restrictions. (a) Beginning July 1, 2006, the maximum rate 23.20paid for child care assistance in any county or multicounty region under the child care 23.21fund shall be the rate for like-care arrangements in the county effective January 1, 2006, 23.22increased by six percent. 23.23    (b) Rate changes shall be implemented for services provided in September 2006 23.24unless a participant eligibility redetermination or a new provider agreement is completed 23.25between July 1, 2006, and August 31, 2006. 23.26    As necessary, appropriate notice of adverse action must be made according to 23.27Minnesota Rules, part 3400.0185, subparts 3 and 4. 23.28    New cases approved on or after July 1, 2006, shall have the maximum rates under 23.29paragraph (a), implemented immediately. 23.30    (c) Every year, the commissioner shall survey rates charged by child care providers in 23.31Minnesota to determine the 75th percentile for like-care arrangements in counties. When 23.32the commissioner determines that, using the commissioner's established protocol, the 23.33number of providers responding to the survey is too small to determine the 75th percentile 23.34rate for like-care arrangements in a county or multicounty region, the commissioner may 24.1establish the 75th percentile maximum rate based on like-care arrangements in a county, 24.2region, or category that the commissioner deems to be similar. 24.3    (d) A rate which includes a special needs rate paid under subdivision 3 or under a 24.4school readiness service agreement paid under section 119B.231, may be in excess of the 24.5maximum rate allowed under this subdivision. 24.6    (e) The department shall monitor the effect of this paragraph on provider rates. The 24.7county shall pay the provider's full charges for every child in care up to the maximum 24.8established. The commissioner shall determine the maximum rate for each type of care on 24.9an hourly, full-day, and weekly basis, including special needs and disability care. 24.10    (f) When the provider charge is greater than the maximum provider rate allowed, 24.11the parent is responsible for payment of the difference in the rates in addition to any 24.12family co-payment fee. 24.13     new text begin (g) All maximum provider rates changes shall be implemented on the Monday new text end 24.14 new text begin following the effective date of the maximum provider rate. new text end 24.15    Sec. 8. Minnesota Statutes 2007 Supplement, section 119B.13, subdivision 7, is 24.16amended to read: 24.17    Subd. 7. Absent days. (a) Child care providers may not be reimbursed for more 24.18than 25 full-day absent days per child, excluding holidays, in a fiscal year, or for more 24.19than ten consecutive full-day absent days, unless the child has a documented medical 24.20condition that causes more frequent absences. Absences due to a documented medical 24.21condition of a parent or sibling who lives in the same residence as the child receiving 24.22child care assistance do not count against the 25-day absent day limit in a fiscal year. 24.23Documentation of medical conditions must be on the forms and submitted according to 24.24the timelines established by the commissioner. A public health nurse or school nurse 24.25may verify the illness in lieu of a medical practitioner. If a provider sends a child home 24.26early due to a medical reason, including, but not limited to, fever or contagious illness, 24.27the child care center director or lead teacher may verify the illness in lieu of a medical 24.28practitioner. If a child attends for part of the time authorized to be in care in a day, but is 24.29absent for part of the time authorized to be in care in that same day, the absent time will be 24.30reimbursed but the time will not count toward the ten consecutive or 25 cumulative absent 24.31day limits. Children in families where at least one parent is under the age of 21, does not 24.32have a high school or general equivalency diploma, and is a student in a school district 24.33or another similar program that provides or arranges for child care, as well as parenting, 24.34social services, career and employment supports, and academic support to achieve high 24.35school graduation, may be exempt from the absent day limits upon request of the program 25.1and approval of the county. If a child attends part of an authorized day, payment to the 25.2provider must be for the full amount of care authorized for that day. Child care providers 25.3may only be reimbursed for absent days if the provider has a written policy for child 25.4absences and charges all other families in care for similar absences. 25.5    (b) Child care providers must be reimbursed for up to ten federal or state holidays 25.6or designated holidays per year when the provider charges all families for these days 25.7and the holiday or designated holiday falls on a day when the child is authorized to be 25.8in attendance. Parents may substitute other cultural or religious holidays for the ten 25.9recognized state and federal holidays. Holidays do not count toward the ten consecutive or 25.1025 cumulative absent day limits. 25.11    (c) A family or child care provider may not be assessed an overpayment for an 25.12absent day payment unless (1) there was an error in the amount of care authorized for the 25.13family, (2) all of the allowed full-day absent payments for the child have been paid, or (3) 25.14the family or provider did not timely report a change as required under law. 25.15    (d) The provider and family must receive notification of the number of absent days 25.16used upon initial provider authorization for a family and when the family has used 15 25.17cumulative absent days. Upon statewide implementation of the Minnesota Electronic 25.18Child Care System, the provider and family new text begin shall receive notification of the number of new text end 25.19 new text begin absent days used upon initial provider new text end authorization for a family and ongoing notification 25.20of the number of absent days used as of the date of the notification. 25.21    (e) A county may pay for more absent days than the statewide absent day policy 25.22established under this subdivision if current market practice in the county justifies payment 25.23for those additional days. County policies for payment of absent days in excess of the 25.24statewide absent day policy and justification for these county policies must be included in 25.25the county's child care fund plan under section 119B.08, subdivision 3. 25.26    Sec. 9. Minnesota Statutes 2007 Supplement, section 119B.21, subdivision 5, is 25.27amended to read: 25.28    Subd. 5. Child care services grants. (a) A child care resource and referral program 25.29designated under section 119B.19, subdivision 1a, may award child care services grants 25.30for: 25.31    (1) creating new licensed child care facilities and expanding existing facilities, 25.32including, but not limited to, supplies, equipment, facility renovation, and remodeling; 25.33    (2) improving licensed child care facility programs; 25.34    (3) staff training and development services including, but not limited to, in-service 25.35training, curriculum development, accreditation, certification, consulting, resource 26.1centers, program and resource materials, supporting effective teacher-child interactions, 26.2child-focused teaching, and content-driven classroom instruction; 26.3    (4) interim financing; 26.4    (5) capacity building through the purchase of appropriate technology to create, 26.5enhance, and maintain business management systems; 26.6    (6) emergency assistance for child care programs; 26.7    (7) new programs or projects for the creation, expansion, or improvement of 26.8programs that serve ethnic immigrant and refugee communities; and 26.9    (8) targeted recruitment initiatives to expand and build the capacity of the child 26.10care system and to improve the quality of care provided by legal nonlicensed child care 26.11providers. 26.12    (b) A child care resource and referral program designated under section 119B.19, 26.13subdivision 1a , may award child care services grants to: 26.14    (1) licensed providers; 26.15    (2) providers in the process of being licensed; 26.16    (3) corporations or public agencies that develop or provide child care services; 26.17    (4) school-age care programs; 26.18     new text begin (5) legal nonlicensed or family, friend, and neighbor care providers; new text end or 26.19    (5) new text begin (6) new text end any combination of clauses (1) to (4) new text begin (5) new text end . 26.20Unlicensed providers are only eligible for grants under paragraph (a), clause (7). 26.21    (c) A recipient of a child care services grant for facility improvements, interim 26.22financing, or staff training and development must provide a 25 percent local match. 26.23    Sec. 10. Minnesota Statutes 2006, section 119B.21, subdivision 10, is amended to read: 26.24    Subd. 10. Family child care technical assistance grants. (a) A child care resource 26.25and referral organization designated under section 119B.19, subdivision 1a, may award 26.26technical assistance grants of up to $1,000. These grants may be used for: 26.27    (1) facility improvements, including, but not limited to, improvements to meet 26.28licensing requirements; 26.29    (2) improvements to expand a child care facility or program; 26.30    (3) toys and equipment; 26.31    (4) technology and software to create, enhance, and maintain business management 26.32systems; 26.33    (5) start-up costs; 26.34    (6) staff training and development; and 26.35    (7) other uses approved by the commissioner. 27.1    (b) A child care resource and referral program may award family child care technical 27.2assistance grants to: 27.3    (1) licensed family child care providers; or 27.4    (2) child care providers in the process of becoming licensed. new text begin ; or new text end 27.5     new text begin (3) legal nonlicensed or family, friend, and neighbor care providers. new text end 27.6    (c) A local match is not required for a family child care technical assistance grant. 27.7    Sec. 11. Minnesota Statutes 2006, section 256E.30, subdivision 1, is amended to read: 27.8    Subdivision 1. Authorization. The commissioner of education new text begin human services new text end may 27.9provide financial assistance for community action agencies, Indian reservations, and 27.10migrant and seasonal farmworker organizations to carry out community action programs 27.11as described in section 256E.32 in accordance with the Omnibus Reconciliation Act of 27.121981, Public Law 97-35, as amended in 1984, Public Law 98-558, state law, and federal 27.13law and regulation. 27.14    Sec. 12. Minnesota Statutes 2006, section 256E.35, subdivision 7, is amended to read: 27.15    Subd. 7. Program reporting. The fiscal agent on behalf of each fiduciary 27.16organization participating in a family assets for independence initiative must report 27.17quarterly to the commissioner of human services and to the commissioner of education 27.18identifying the participants with accounts, the number of accounts, the amount of savings 27.19and matches for each participant's account, the uses of the account, and the number of 27.20businesses, homes, and educational services paid for with money from the account, as 27.21well as other information that may be required for the commissioner to administer the 27.22program and meet federal TANF reporting requirements. 27.23    Sec. 13. new text begin REVISOR'S INSTRUCTION. new text end 27.24     new text begin (a) The revisor of statutes shall renumber Minnesota Statutes, section 119A.45, new text end 27.25 new text begin as Minnesota Statutes, section 256E.37. new text end 27.26     new text begin (b) The revisor of statutes shall make such cross-reference changes as are necessary new text end 27.27 new text begin from the renumbering in this section wherever the reference appears in statute. new text end 27.28ARTICLE 4 27.29MFIP TECHNICAL CHANGES 27.30    Section 1. Minnesota Statutes 2007 Supplement, section 256J.20, subdivision 3, 27.31is amended to read: 28.1    Subd. 3. Other property limitations. To be eligible for MFIP, the equity value of 28.2all nonexcluded real and personal property of the assistance unit must not exceed $2,000 28.3for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to 28.4(19) must be excluded when determining the equity value of real and personal property: 28.5    (1) a licensed vehicle up to a loan value of less than or equal to $15,000. If the 28.6assistance unit owns more than one licensed vehicle, new text begin the county agency shall new text end determine the 28.7loan value of all additional vehicles and exclude the combined loan value of less than or 28.8equal to $7,500. The county agency shall apply any excess loan value as if it were equity 28.9value to the asset limit described in this section, excluding: (i) the value of one vehicle 28.10per physically disabled person when the vehicle is needed to transport the disabled unit 28.11member; this exclusion does not apply to mentally disabled people; (ii) the value of special 28.12equipment for a disabled member of the assistance unit; and (iii) any vehicle used for 28.13long-distance travel, other than daily commuting, for the employment of a unit member. 28.14    To establish the loan value of vehicles, a county agency must use the N.A.D.A. 28.15Official Used Car Guide, Midwest Edition, for newer model cars. When a vehicle is not 28.16listed in the guidebook, or when the applicant or participant disputes the loan value listed 28.17in the guidebook as unreasonable given the condition of the particular vehicle, the county 28.18agency may require the applicant or participant document the loan value by securing a 28.19written statement from a motor vehicle dealer licensed under section 168.27, stating 28.20the amount that the dealer would pay to purchase the vehicle. The county agency shall 28.21reimburse the applicant or participant for the cost of a written statement that documents 28.22a lower loan value; 28.23    (2) the value of life insurance policies for members of the assistance unit; 28.24    (3) one burial plot per member of an assistance unit; 28.25    (4) the value of personal property needed to produce earned income, including 28.26tools, implements, farm animals, inventory, business loans, business checking and 28.27savings accounts used at least annually and used exclusively for the operation of a 28.28self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use 28.29is to produce income and if the vehicles are essential for the self-employment business; 28.30    (5) the value of personal property not otherwise specified which is commonly 28.31used by household members in day-to-day living such as clothing, necessary household 28.32furniture, equipment, and other basic maintenance items essential for daily living; 28.33    (6) the value of real and personal property owned by a recipient of Supplemental 28.34Security Income or Minnesota supplemental aid; 28.35    (7) the value of corrective payments, but only for the month in which the payment 28.36is received and for the following month; 29.1    (8) a mobile home or other vehicle used by an applicant or participant as the 29.2applicant's or participant's home; 29.3    (9) money in a separate escrow account that is needed to pay real estate taxes or 29.4insurance and that is used for this purpose; 29.5    (10) money held in escrow to cover employee FICA, employee tax withholding, 29.6sales tax withholding, employee worker compensation, business insurance, property rental, 29.7property taxes, and other costs that are paid at least annually, but less often than monthly; 29.8    (11) monthly assistance payments for the current month's or short-term emergency 29.9needs under section 256J.626, subdivision 2; 29.10    (12) the value of school loans, grants, or scholarships for the period they are 29.11intended to cover; 29.12    (13) payments listed in section 256J.21, subdivision 2, clause (9), which are held 29.13in escrow for a period not to exceed three months to replace or repair personal or real 29.14property; 29.15    (14) income received in a budget month through the end of the payment month; 29.16    (15) savings from earned income of a minor child or a minor parent that are set aside 29.17in a separate account designated specifically for future education or employment costs; 29.18    (16) the federal earned income credit, Minnesota working family credit, state and 29.19federal income tax refunds, state homeowners and renters credits under chapter 290A, 29.20property tax rebates and other federal or state tax rebates in the month received and the 29.21following month; 29.22    (17) payments excluded under federal law as long as those payments are held in a 29.23separate account from any nonexcluded funds; 29.24    (18) the assets of children ineligible to receive MFIP benefits because foster care or 29.25adoption assistance payments are made on their behalf; and 29.26    (19) the assets of persons whose income is excluded under section 256J.21, 29.27subdivision 2 , clause (43). 29.28    Sec. 2. Minnesota Statutes 2006, section 256J.24, subdivision 5, is amended to read: 29.29    Subd. 5. MFIP transitional standard. The MFIP transitional standard is based 29.30on the number of persons in the assistance unit eligible for both food and cash assistance 29.31unless the restrictions in subdivision 6 on the birth of a child apply. The following table 29.32represents the transitional standards effective October 1, 2004 new text begin 2007 new text end . 29.33 29.34 Number of Eligible People Transitional Standard Cash Portion Food Portion 30.1 1 $379 new text begin $391 new text end : $250 $129 new text begin $141 new text end 30.2 2 $675 new text begin $698 new text end : $437 $238 new text begin $261 new text end 30.3 3 $876 new text begin $910 new text end : $532 $344 new text begin $378 new text end 30.4 4 $1,036 new text begin $1,091 new text end : $621 $415 new text begin $470 new text end 30.5 5 $1,180 new text begin $1,245 new text end : $697 $483 new text begin $548 new text end 30.6 6 $1,350 new text begin $1,425 new text end : $773 $577 new text begin $652 new text end 30.7 7 $1,472 new text begin $1,553 new text end : $850 $622 new text begin $703 new text end 30.8 8 $1,623 new text begin $1,713 new text end : $916 $707 new text begin $797 new text end 30.9 9 $1,772 new text begin $1,871 new text end : $980 $792 new text begin $891 new text end 30.10 10 $1,915 new text begin $2,024 new text end : $1,035 $880 new text begin $989 new text end 30.11 over 10 add $142 new text begin $151 new text end : $53 $89 new text begin $98 new text end 30.12 per additional member. 30.13    The commissioner shall annually publish in the State Register the transitional 30.14standard for an assistance unit sizes 1 to 10 including a breakdown of the cash and food 30.15portions. 30.16    Sec. 3. Minnesota Statutes 2006, section 256J.521, subdivision 4, is amended to read: 30.17    Subd. 4. Self-employment. (a) Self-employment activities may be included in an 30.18employment plan contingent on the development of a business plan which establishes a 30.19timetable and earning goals that will result in the participant exiting MFIP assistance. 30.20Business plans must be developed with assistance from an individual or organization with 30.21expertise in small business as approved by the job counselor. 30.22    (b) Participants with an approved plan that includes self-employment must meet 30.23the participation requirements in section 256J.55, subdivision 1. Only hours where 30.24the participant earns at least minimum wage shall be counted toward the requirement. 30.25Additional activities and hours necessary to meet the participation requirements in section 30.26256J.55, subdivision 1 , must be included in the employment plan. 30.27    (c) Employment plans which include self-employment activities must be reviewed 30.28every three months. Participants who fail, without good cause, to make satisfactory 30.29progress as established in the business plan must revise the employment plan to replace 30.30the self-employment with other approved work activities. 30.31    (d) The requirements of this subdivision may be waived for participants who are 30.32enrolled in the self-employment investment demonstration program (SEID) under section 31.1, and who make satisfactory progress as determined by the job counselor and 31.2the SEID provider. 31.3    Sec. 4. Minnesota Statutes 2006, section 256J.54, subdivision 2, is amended to read: 31.4    Subd. 2. Responsibility for assessment and employment plan. For caregivers 31.5who are under age 18 without a high school diploma or its equivalent, the assessment 31.6under subdivision 1 and the employment plan under subdivision 3 must be completed 31.7by the social services agency under section 257.33. For caregivers who are age 18 or 31.819 without a high school diploma or its equivalent who choose to have an employment 31.9plan with an education option under subdivision 3, the assessment under subdivision 1 31.10and the employment plan under subdivision 3 must be completed by the job counselor 31.11or, at county option, by the social services agency under section 257.33. Upon reaching 31.12age 18 or 19 a caregiver who received social services under section 257.33 and is without 31.13a high school diploma or its equivalent has the option to choose whether to continue 31.14receiving services under the caregiver's plan from the social services agency or to utilize 31.15an MFIP employment and training service provider. The social services agency or the job 31.16counselor shall consult with representatives of educational agencies that are required to 31.17assist in developing educational plans under section new text begin the participant's school in new text end 31.18 new text begin developing the educational plan new text end . 31.19    Sec. 5. Minnesota Statutes 2006, section 256J.54, subdivision 5, is amended to read: 31.20    Subd. 5. School attendance required. (a) Notwithstanding the provisions of 31.21section , Minor parents, or 18- or 19-year-old parents without a high school 31.22diploma or its equivalent who chooses an employment plan with an education option 31.23must attend school unless: 31.24    (1) transportation services needed to enable the caregiver to attend school are not 31.25available; 31.26    (2) appropriate child care services needed to enable the caregiver to attend school 31.27are not available; 31.28    (3) the caregiver is ill or incapacitated seriously enough to prevent attendance at 31.29school; or 31.30    (4) the caregiver is needed in the home because of the illness or incapacity of 31.31another member of the household. This includes a caregiver of a child who is younger 31.32than six weeks of age. 31.33    (b) The caregiver must be enrolled in a secondary school and meeting the school's 31.34attendance requirements. The county, social service agency, or job counselor must verify 32.1at least once per quarter that the caregiver is meeting the school's attendance requirements. 32.2An enrolled caregiver is considered to be meeting the attendance requirements when the 32.3school is not in regular session, including during holiday and summer breaks. 32.4    Sec. 6. Minnesota Statutes 2006, section 256J.545, is amended to read: 32.5256J.545 FAMILY VIOLENCE WAIVER CRITERIA. 32.6    (a) In order to qualify for a family violence waiver, an individual must provide 32.7documentation of past or current family violence which may prevent the individual 32.8from participating in certain employment activities. A claim of family violence must 32.9be documented by the applicant or participant providing a sworn statement which is 32.10supported by collateral documentation. 32.11    (b) Collateral documentation may consist of new text begin The following items may be considered new text end 32.12 new text begin acceptable documentation or verification of family violence new text end : 32.13    (1) police, government agency, or court records; 32.14    (2) a statement from a battered women's shelter staff with knowledge of the 32.15circumstances or credible evidence that supports the sworn statement; 32.16    (3) a statement from a sexual assault or domestic violence advocate with knowledge 32.17of the circumstances or credible evidence that supports the sworn statement; new text begin or new text end 32.18    (4) a statement from professionals from whom the applicant or recipient has sought 32.19assistance for the abuse; or new text begin . new text end 32.20    (5) a sworn statement from any other individual with knowledge of circumstances or 32.21credible evidence that supports the sworn statement. 32.22     new text begin (c) A claim of family violence may also be documented by a sworn statement from new text end 32.23 new text begin the applicant or participant and a sworn statement from any other person with knowledge new text end 32.24 new text begin of the circumstances or credible evidence that supports the client's statement. new text end 32.25    Sec. 7. Minnesota Statutes 2007 Supplement, section 256J.95, subdivision 3, is 32.26amended to read: 32.27    Subd. 3. Eligibility for diversionary work program. (a) Except for the categories 32.28of family units listed below, all family units who apply for cash benefits and who 32.29meet MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must 32.30participate in the diversionary work program. Family units that are not eligible for the 32.31diversionary work program include: 32.32    (1) child only cases; 32.33    (2) a single-parent family unit that includes a child under 12 weeks of age. A parent 32.34is eligible for this exception once in a parent's lifetime and is not eligible if the parent 33.1has already used the previously allowed child under age one exemption from MFIP 33.2employment services; 33.3    (3) a minor parent without a high school diploma or its equivalent; 33.4    (4) an 18- or 19-year-old caregiver without a high school diploma or its equivalent 33.5who chooses to have an employment plan with an education option; 33.6    (5) a caregiver age 60 or over; 33.7    (6) family units with a caregiver who received DWP benefits in the 12 months prior 33.8to the month the family applied for DWP, except as provided in paragraph (c); 33.9    (7) family units with a caregiver who received MFIP within the 12 months prior to 33.10the month the family unit applied for DWP; 33.11    (8) a family unit with a caregiver who received 60 or more months of TANF 33.12assistance; 33.13    (9) a family unit with a caregiver who is disqualified from DWP or MFIP due to 33.14fraud; and 33.15    (10) refugees new text begin and asylees new text end as defined in Code of Federal Regulations, title 45, chapter 33.16IV new text begin part 400, subpart d new text end , section new text begin 400.43 new text end , who arrived in the United States in the 12 33.17months prior to the date of application for family cash assistance. 33.18    (b) A two-parent family must participate in DWP unless both caregivers meet the 33.19criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit 33.20includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), or (9) new text begin , or (10) new text end . 33.21    (c) Once DWP eligibility is determined, the four months run consecutively. If a 33.22participant leaves the program for any reason and reapplies during the four-month period, 33.23the county must redetermine eligibility for DWP. 33.24ARTICLE 5 33.25MISCELLANEOUS TECHNICAL 33.26    Section 1. Minnesota Statutes 2007 Supplement, section 245C.08, subdivision 2, is 33.27amended to read: 33.28    Subd. 2. Background studies conducted by a county agency. (a) For a background 33.29study conducted by a county agency for adult foster care, family adult day services, and 33.30family child care services, the commissioner shall review: 33.31    (1) information from the county agency's record of substantiated maltreatment 33.32of adults and the maltreatment of minors; 33.33    (2) information from juvenile courts as required in subdivision 4 for individuals 33.34listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and 33.35    (3) information from the Bureau of Criminal Apprehension. 34.1    (b) If the individual has resided in the county for less than five years, the study shall 34.2include the records specified under paragraph (a) for the previous county or counties of 34.3residence for the past five years. 34.4    (c) Notwithstanding expungement by a court, the county agency may consider 34.5information obtained under paragraph (a), clauses new text begin clause new text end (3) and (4), unless the 34.6commissioner received notice of the petition for expungement and the court order for 34.7expungement is directed specifically to the commissioner. 34.8    Sec. 2. Minnesota Statutes 2007 Supplement, section 256E.35, subdivision 2, is 34.9amended to read: 34.10    Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section. 34.11    (b) "Family asset account" means a savings account opened by a household 34.12participating in the Minnesota family assets for independence initiative. 34.13    (c) "Fiduciary organization" means: 34.14    (1) a community action agency that has obtained recognition under section 256E.31; 34.15    (2) a federal community development credit union serving the seven-county 34.16metropolitan area; or 34.17    (3) a women-oriented economic development agency serving the seven-county 34.18metropolitan area. 34.19    (d) "Financial institution" means a bank, bank and trust, savings bank, savings 34.20association, or credit union, the deposits of which are insured by the Federal Deposit 34.21Insurance Corporation or the National Credit Union Administration. 34.22    (e) "Permissible use" means: 34.23    (1) postsecondary educational expenses at an accredited public postsecondary 34.24 new text begin eligible educational new text end institution new text begin as defined in paragraph (g), new text end including books, supplies, and 34.25equipment required for courses of instruction; 34.26    (2) acquisition costs of acquiring, constructing, or reconstructing a residence, 34.27including any usual or reasonable settlement, financing, or other closing costs; 34.28    (3) business capitalization expenses for expenditures on capital, plant, equipment, 34.29working capital, and inventory expenses of a legitimate business pursuant to a business 34.30plan approved by the fiduciary organization; and 34.31    (4) acquisition costs of a principal residence within the meaning of section 1034 of 34.32the Internal Revenue Code of 1986 which do not exceed 100 percent of the average area 34.33purchase price applicable to the residence determined according to section 143(e)(2) and 34.34(3) of the Internal Revenue Code of 1986. 35.1    (f) "Household" means all individuals who share use of a dwelling unit as primary 35.2quarters for living and eating separate from other individuals. 35.3     new text begin (g) "Eligible educational institution" means the following: new text end 35.4     new text begin (1) an institution of higher education described in section 101 or 102 of the Higher new text end 35.5 new text begin Education Act of 1965; or new text end 35.6     new text begin (2) an area vocational education school, as defined in subparagraph (C) or (D) of new text end 35.7 new text begin United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational new text end 35.8 new text begin and Applied Technology Education Act), which is located within any state, as defined in new text end 35.9 new text begin United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only new text end 35.10 new text begin to the extent section 2302 is in effect on the effective date of this section. new text end 35.11    Sec. 3. Laws 2007, chapter 147, article 2, section 21, the effective date, is amended to 35.12read: 35.13EFFECTIVE DATE.Subdivision 1 is effective February 1, 2008, and subdivision 35.142 is effective May 1, 2008 new text begin March 1, 2009 new text end . 35.15    Sec. 4. new text begin REPEALER. new text end 35.16 new text begin Minnesota Statutes 2006, section 256K.25, new text end new text begin is repealed. new text end 35.17ARTICLE 6 35.18CHILD WELFARE 35.19    Section 1. Minnesota Statutes 2006, section 259.20, subdivision 1, is amended to read: 35.20    Subdivision 1. Policy and purpose. The policy of the state of Minnesota and the 35.21purpose of sections 259.20 to 259.69 is to ensure: 35.22    (1) that the best interests of children new text begin adopted persons new text end are met in the planning and 35.23granting of adoptions; and 35.24    (2) that laws and practices governing adoption recognize the diversity of Minnesota's 35.25population and the diverse needs of persons affected by adoption. 35.26    Sec. 2. Minnesota Statutes 2006, section 259.21, is amended by adding a subdivision 35.27to read: 35.28     new text begin Subd. 2a. new text end new text begin Adult adoption. new text end new text begin "Adult adoption" means the adoption of a person new text end 35.29 new text begin at least 18 years of age. new text end 35.30    Sec. 3. Minnesota Statutes 2006, section 259.22, subdivision 2, is amended to read: 36.1    Subd. 2. Children new text begin Persons new text end who may be adopted. No petition for adoption shall be 36.2filed unless the child new text begin person new text end sought to be adopted has been placed by the commissioner 36.3of human services, the commissioner's agent, or a licensed child-placing agency. The 36.4provisions of this subdivision shall not apply if 36.5    (a) the child new text begin person to be adopted new text end is over 14 years of age; 36.6    (b) the child is sought to be adopted by an individual who is related to the child, as 36.7defined by section 245A.02, subdivision 13; 36.8    (c) the child has been lawfully placed under the laws of another state while the child 36.9and petitioner resided in that other state; 36.10    (d) the court waives the requirement of this subdivision in the best interests of the 36.11child or petitioners, provided that the adoption does not involve a placement as defined in 36.12section 259.21, subdivision 8; or 36.13    (e) the child has been lawfully placed under section 259.47. 36.14    Sec. 4. Minnesota Statutes 2006, section 259.23, subdivision 2, is amended to read: 36.15    Subd. 2. Contents of petition. The petition shall be signed by the petitioner and, if 36.16married, by the spouse. It shall be verified, and filed in duplicate. The petition shall allege: 36.17    (a) The full name, age and place of residence of petitioner, and if married, the date 36.18and place of marriage; 36.19    (b) The date petitioner acquired physical custody of the child and from what person 36.20or agency; 36.21    (c) The date of birth of the child new text begin person to be adopted new text end , if known, and the state and 36.22county where born; 36.23    (d) The name of the child's parents, if known, and the guardian if there be one; 36.24    (e) The actual name of the child new text begin person to be adopted new text end , if known, and any known 36.25aliases; 36.26    (f) The name to be given the child new text begin person to be adopted new text end if a change of name is 36.27desired; 36.28    (g) The description and value of any real or personal property owned by the child new text begin new text end 36.29 new text begin person to be adopted new text end ; 36.30    (h) That the petitioner desires that the relationship of parent and child be established 36.31between petitioner and the child, and that it is to the new text begin the person to be adopted and that new text end 36.32 new text begin adoption is in the new text end best interests of the child for the child new text begin person new text end to be adopted by the 36.33petitioner. 37.1    In agency placements, the information required in clauses (d) and (e) shall not 37.2be required to be alleged in the petition but shall be transmitted to the court by the 37.3commissioner of human services or the agency. 37.4    Sec. 5. new text begin [259.241] ADULT ADOPTION. new text end 37.5     new text begin (a) Any adult person may be adopted, regardless of his or her residence. A resident new text end 37.6 new text begin of Minnesota may petition the court of record having jurisdiction of adoption proceedings new text end 37.7 new text begin to adopt an individual who has reached the age of 18 years or older. new text end 37.8     new text begin (b) The consent of the person to be adopted shall be the only consent necessary, new text end 37.9 new text begin according to section 259.24. The consent of an adult in his or her own adoption is invalid new text end 37.10 new text begin if the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, new text end 37.11 new text begin or if the person consenting to the adoption is determined not competent to give consent. new text end 37.12     new text begin (c) The decree of adoption establishes a parent-child relationship between the new text end 37.13 new text begin adopting parent or parents and the person adopted, including the right to inherit, and also new text end 37.14 new text begin terminates the parental rights and sibling relationship between the adopted person and the new text end 37.15 new text begin adopted person's birth parents and siblings according to section 259.59. new text end 37.16     new text begin (d) If the adopted person requests a change of name, the adoption decree shall new text end 37.17 new text begin order the name change. new text end 37.18    Sec. 6. Minnesota Statutes 2007 Supplement, section 259.41, subdivision 1, is 37.19amended to read: 37.20    Subdivision 1. Study required before placement; certain relatives excepted. (a) 37.21An approved adoption study; completed background study, as required under section 37.22245C.33 ; and written report must be completed before the child is placed in a prospective 37.23adoptive home under this chapter, except as allowed by section 259.47, subdivision 6. 37.24In an agency placement, the report must be filed with the court at the time the adoption 37.25petition is filed. In a direct adoptive placement, the report must be filed with the court in 37.26support of a motion for temporary preadoptive custody under section 259.47, subdivision 37.273 , or, if the study and report are complete, in support of an emergency order under section 37.28259.47, subdivision 6 . The study and report shall be completed by a licensed child-placing 37.29agency and must be thorough and comprehensive. The study and report shall be paid for 37.30by the prospective adoptive parent, except as otherwise required under section new text begin 256.01, new text end 37.31 new text begin subdivision 2, paragraph (h), new text end 259.67 new text begin , new text end or 259.73. 37.32    (b) A placement for adoption with an individual who is related to the child, as 37.33defined by section 245A.02, subdivision 13, is not subject to this section except as new text begin a new text end 37.34 new text begin background study new text end required by sections and 259.53, subdivision 2, paragraph (c) new text begin new text end 38.1 new text begin by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the new text end 38.2 new text begin case of a stepparent adoption, a background study must be completed on the stepparent new text end 38.3 new text begin and any children as required under subdivision 3, paragraph (b), except that a child of new text end 38.4 new text begin the stepparent does not need to have a background study complete if they are a sibling new text end 38.5 new text begin through birth or adoption of the person being adopted. The local social services agency new text end 38.6 new text begin of the county in which the prospective adoptive parent lives must initiate a background new text end 38.7 new text begin study unless a child-placing agency has been involved with the adoption. The local social new text end 38.8 new text begin service agency may charge a reasonable fee for the background study. If a placement is new text end 38.9 new text begin being made the background study must be completed prior to placement pursuant to new text end 38.10 new text begin section 259.29, subdivision 1, paragraph (c). Background study results must be filed with new text end 38.11 new text begin the adoption petition according to section 259.22, except in an adult adoption where an new text end 38.12 new text begin adoption study and background study are not needed new text end . 38.13    (c) In the case of a licensed foster parent seeking to adopt a child who is in the foster 38.14parent's care, any portions of the foster care licensing process that duplicate requirements 38.15of the home study may be submitted in satisfaction of the relevant requirements of this 38.16section. 38.17    Sec. 7. Minnesota Statutes 2006, section 259.43, is amended to read: 38.18259.43 BIRTH PARENT HISTORY; COMMISSIONER'S FORM. 38.19    In any adoption under this chapter, except a stepparent new text begin or an adult new text end adoption new text begin under new text end 38.20 new text begin section 259.241 new text end , a birth parent or an agency new text begin , if an agency placement, new text end shall provide a 38.21prospective adoptive parent with a new text begin complete, thorough, new text end detailed new text begin , and current new text end social and 38.22medical history of the birth families new text begin child being adopted new text end , if new text begin information is new text end known after 38.23reasonable inquiry. Each birth family new text begin child's social and medical new text end history must be provided 38.24on a form new text begin or forms new text end prepared by the commissioner new text begin and must include background and health new text end 38.25 new text begin history specific to the child, the child's birth parents, and the child's other birth relatives. new text end 38.26 new text begin Applicable background and health information about the child includes: the child's current new text end 38.27 new text begin health condition, behavior, and demeanor; placement history; education history; sibling new text end 38.28 new text begin information; and birth, medical, dental, and immunization information. Redacted copies of new text end 38.29 new text begin pertinent records, assessments, and evaluations shall be attached to the child's social and new text end 38.30 new text begin medical history. Applicable background information about the child's birth parents and new text end 38.31 new text begin other birth relatives includes: general background information; education and employment new text end 38.32 new text begin history; physical health and mental health history; and reasons for the child's placement. new text end 38.33 new text begin The child's social and medical history shall be completed new text end in a manner so that the completed 38.34form protects the identities of all individuals described in it. The commissioner shall make 38.35the form available to agencies and court administrators for public distribution. The birth 39.1family new text begin child's social and medical new text end history must be new text begin provided to the prospective adoptive new text end 39.2 new text begin family prior to adoptive placement, provided to the Department of Human Services new text end 39.3 new text begin with application for adoption assistance, if applicable, and new text end filed with the court when the 39.4adoption petition is filed, or, new text begin . new text end In a direct adoptive placement, new text begin the child's social and medical new text end 39.5 new text begin history must be filed with the court new text end with the motion for temporary preadoptive custody. 39.6    Sec. 8. Minnesota Statutes 2006, section 259.52, subdivision 2, is amended to read: 39.7    Subd. 2. Requirement to search registry before adoption petition can be 39.8granted; proof of search. No petition for adoption may be granted unless the agency 39.9supervising the adoptive placement, the birth mother of the child, or, in the case of a 39.10stepparent or relative adoption, the county agency responsible for the report required 39.11under section 259.53, subdivision 1, requests that the commissioner of health search the 39.12registry to determine whether a putative father is registered in relation to a child who is 39.13or may be the subject of an adoption petition. The search required by this subdivision 39.14must be conducted no sooner than 31 days following the birth of the child. A search 39.15of the registry may be proven by the production of a certified copy of the registration 39.16form or by a certified statement of the commissioner of health that after a search no 39.17registration of a putative father in relation to a child who is or may be the subject of 39.18an adoption petition could be located. new text begin The filing of a certified copy of an order from a new text end 39.19 new text begin juvenile protection matter under chapter 260C containing a finding that certification of the new text end 39.20 new text begin requisite search of the Minnesota Fathers' Adoption Registry was filed with the court in new text end 39.21 new text begin that matter shall also constitute proof of search. new text end Certification that the fathers' adoption 39.22registry has been searched must be filed with the court prior to entry of any final order of 39.23adoption. In addition to the search required by this subdivision, the agency supervising 39.24the adoptive placement, the birth mother of the child, or, in the case of a stepparent or 39.25relative adoption, the county new text begin social services new text end agency responsible for the report under 39.26section 259.53, subdivision 1, new text begin or the responsible social services agency that is a petitioner new text end 39.27 new text begin in a juvenile protection matter under chapter 260C new text end may request that the commissioner 39.28of health search the registry at any time. 39.29    Sec. 9. Minnesota Statutes 2006, section 259.53, subdivision 3, is amended to read: 39.30    Subd. 3. Reports and records. (a) The contents of all reports and records of the 39.31commissioner of human services, local social services agency, or child-placing agency 39.32bearing on the suitability of the proposed adoptive home and the child to each other shall 39.33not be disclosed either directly or indirectly to any person other than the commissioner of 39.34human services new text begin , the child's guardian ad litem appointed under: (1) section 260C.163 when new text end 40.1 new text begin the guardian's appointment continues under section 260C.317, subdivision 3, paragraph new text end 40.2 new text begin (b); or (2) section 259.65, new text end or a judge of the court having jurisdiction of the matter, except 40.3as provided in paragraph (b). 40.4    (b) A judge of the court having jurisdiction of the matter shall upon request disclose 40.5to a party to the proceedings or the party's counsel any portion of a report or record that 40.6relates only to the suitability of the proposed adoptive parents. In this disclosure, the judge 40.7may withhold the identity of individuals providing information in the report or record. 40.8When the judge is considering whether to disclose the identity of individuals providing 40.9information, the agency with custody of the report or record shall be permitted to present 40.10reasons for or against disclosure. 40.11    Sec. 10. Minnesota Statutes 2007 Supplement, section 259.57, subdivision 1, is 40.12amended to read: 40.13    Subdivision 1. Findings; orders. Upon the hearing, 40.14    (a) if the court finds that it is in the best interests of the child new text begin person to be adopted new text end 40.15that the petition be granted, a decree of adoption shall be made and recorded in the office 40.16of the court administrator, ordering that henceforth the child new text begin person to be adopted new text end shall 40.17be the child of the petitioner. In the decree the court may change the name of the child 40.18 new text begin adopted person new text end if desired. After the decree is granted for a child new text begin an adopted person new text end who is: 40.19    (1) under the guardianship of the commissioner or a licensed child-placing agency 40.20according to section 260C.201, subdivision 11, or 260C.317; 40.21    (2) placed by the commissioner, commissioner's agent, or licensed child-placing 40.22agency after a consent to adopt according to section 259.24 or under an agreement 40.23conferring authority to place for adoption according to section 259.25; or 40.24    (3) adopted after a direct adoptive placement ordered by the district court under 40.25section 259.47, 40.26the court administrator shall immediately mail a copy of the recorded decree to the 40.27commissioner of human services; 40.28    (b) if the court is not satisfied that the proposed adoption is in the best interests of 40.29the child new text begin person to be adopted new text end , the court shall deny the petition, and new text begin in the case of a child new text end 40.30shall order the child returned to the custody of the person or agency legally vested with 40.31permanent custody or certify the case for appropriate action and disposition to the court 40.32having jurisdiction to determine the custody and guardianship of the child. 40.33    Sec. 11. Minnesota Statutes 2006, section 259.59, subdivision 1, is amended to read: 41.1    Subdivision 1. Legal effect. Upon adoption, the child new text begin adopted person new text end shall become 41.2the legal child of the adopting persons and they shall become the legal parents of the child 41.3with all the rights and duties between them of birth parents and legitimate child. By virtue 41.4of the adoption the child new text begin adopted person new text end shall inherit from the adoptive parents or their 41.5relatives the same as though the child new text begin adopted person new text end were the natural child of the parents, 41.6and in case of the child's new text begin adopted person's new text end death intestate the adoptive parents and their 41.7relatives shall inherit the child's new text begin adopted person's new text end estate as if they new text begin the adopted person new text end had 41.8been the child's birth parents and relatives. After a decree of adoption is entered the birth 41.9parents of an adopted child new text begin person new text end shall be relieved of all parental responsibilities for the 41.10child new text begin adopted person new text end , and they shall not exercise or have any rights over the adopted 41.11child new text begin person new text end or the child's new text begin adopted person's new text end property. The child new text begin adopted person new text end shall not 41.12owe the birth parents or their relatives any legal duty nor shall the child new text begin adopted person new text end 41.13inherit from the birth parents or kindred, except as provided in subdivision 1a and section 41.14257C.08, subdivision 6 . 41.15    Sec. 12. Minnesota Statutes 2006, section 259.59, subdivision 2, is amended to read: 41.16    Subd. 2. Enrollment in American Indian tribe. Notwithstanding the provisions of 41.17subdivision 1, the adoption of a child new text begin person new text end whose birth parent or parents are enrolled in 41.18an American Indian tribe shall not change the child's new text begin person's new text end enrollment in that tribe. 41.19    Sec. 13. Minnesota Statutes 2006, section 259.67, subdivision 2, is amended to read: 41.20    Subd. 2. Adoption assistance agreement. The placing agency shall certify a child 41.21as eligible for adoption assistance according to rules promulgated by the commissioner. 41.22The placing agency shall not certify a child who remains under the jurisdiction of the 41.23sending agency pursuant to section 260.851, article 5, for state-funded adoption assistance 41.24when Minnesota is the receiving state. Not later than 30 days after a parent or parents are 41.25found and approved for adoptive placement of a child certified as eligible for adoption 41.26assistance, and before the final decree of adoption is issued, a written agreement must be 41.27entered into by the commissioner, the adoptive parent or parents, and the placing agency. 41.28The written agreement must be fully completed by the placing agency and in the form 41.29prescribed by the commissioner and must set forth the responsibilities of all parties, the 41.30anticipated duration of the adoption assistance payments, and the payment terms. The 41.31adoption assistance agreement shall be subject to the commissioner's approval, which 41.32must be granted or denied not later than 15 days after the agreement is entered. 41.33    The amount of adoption assistance is subject to the availability of state and federal 41.34funds and shall be determined through agreement with the adoptive parents. The 42.1agreement shall take into consideration the circumstances of the adopting parent or 42.2parents, the needs of the child being adopted and may provide ongoing monthly assistance, 42.3supplemental maintenance expenses related to the adopted person's new text begin child's new text end special needs, 42.4nonmedical expenses periodically necessary for purchase of services, items, or equipment 42.5related to the special needs, and medical expenses. The placing agency or the adoptive 42.6parent or parents shall provide written documentation to support the need for adoption 42.7assistance payments. The commissioner may require periodic reevaluation of adoption 42.8assistance payments. The amount of ongoing monthly adoption assistance granted may 42.9in no case exceed that which would be allowable for the child under foster family care 42.10and is subject to the availability of state and federal funds. 42.11    Sec. 14. Minnesota Statutes 2006, section 259.67, subdivision 3, is amended to read: 42.12    Subd. 3. Annual affidavit new text begin Modification or termination of the adoption assistance new text end 42.13 new text begin agreement new text end . When adoption assistance agreements are for more than one year, the adoptive 42.14parents or guardian or conservator shall annually present an affidavit stating whether the 42.15adopted person remains under their care and whether the need for adoption assistance 42.16continues to exist. The commissioner may verify the affidavit. The adoption assistance 42.17agreement shall continue in accordance with its terms as long as the need for adoption 42.18assistance continues and the adopted person new text begin child new text end is the legal or financial dependent of the 42.19adoptive parent or parents or guardian or conservator and is under 18 years of age. The 42.20adoption assistance agreement may be extended to age 22 as allowed by rules adopted 42.21by the commissioner. Termination or modification of the adoption assistance agreement 42.22may be requested by the adoptive parents or subsequent guardian or conservator at any 42.23time. When the commissioner determines that a child is eligible for adoption assistance 42.24under Title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 42.25679a, the commissioner shall modify the adoption assistance agreement in order to obtain 42.26the funds under that act. 42.27    Sec. 15. Minnesota Statutes 2006, section 259.67, is amended by adding a subdivision 42.28to read: 42.29     new text begin Subd. 3a. new text end new text begin Recovery of overpayments. new text end new text begin An amount of adoption assistance paid to new text end 42.30 new text begin an adoptive parent in excess of the payment due is recoverable by the commissioner, new text end 42.31 new text begin even when the overpayment was caused by agency error or circumstances outside the new text end 42.32 new text begin responsibility and control of the family or provider. Adoption assistance amounts covered new text end 42.33 new text begin by this subdivision include basic maintenance needs payments, monthly supplemental new text end 43.1 new text begin maintenance needs payments, reimbursement of nonrecurring adoption expenses, new text end 43.2 new text begin reimbursement of special nonmedical costs, and reimbursement of medical costs. new text end 43.3    Sec. 16. Minnesota Statutes 2007 Supplement, section 259.67, subdivision 4, is 43.4amended to read: 43.5    Subd. 4. Eligibility conditions. (a) The placing agency shall use the AFDC 43.6requirements as specified in federal law as of July 16, 1996, when determining the child's 43.7eligibility for adoption assistance under title IV-E of the Social Security Act. If the child 43.8does not qualify, the placing agency shall certify a child as eligible for state funded 43.9adoption assistance only if the following criteria are met: 43.10    (1) Due to the child's characteristics or circumstances it would be difficult to provide 43.11the child an adoptive home without adoption assistance. 43.12    (2)(i) A placement agency has made reasonable efforts to place the child for adoption 43.13without adoption assistance, but has been unsuccessful; or 43.14    (ii) the child's licensed foster parents desire to adopt the child and it is determined by 43.15the placing agency that the adoption is in the best interest of the child new text begin ; or new text end 43.16     new text begin (iii) the child's relative, as defined in section 260C.007, subdivision 27, desires to new text end 43.17 new text begin adopt the child, and it is determined by the placing agency that the adoption is in the new text end 43.18 new text begin best interest of the child new text end . 43.19    (3)(i) The child has been new text begin is new text end a ward of the commissioner, a Minnesota-licensed 43.20child-placing agency, or a tribal social service agency of Minnesota recognized by the 43.21Secretary of the Interior; or (ii) the child will be adopted according to tribal law without a 43.22termination of parental rights or relinquishment, provided that the tribe has documented 43.23the valid reason why the child cannot or should not be returned to the home of the child's 43.24parent. The placing agency shall not certify a child who remains under the jurisdiction 43.25of the sending agency pursuant to section 260.851, article 5, for state-funded adoption 43.26assistance when Minnesota is the receiving state. new text begin A child who is adopted by the child's new text end 43.27 new text begin legal custodian or guardian shall not be eligible for state-funded adoption assistance. new text end 43.28    (b) For purposes of this subdivision, The characteristics or circumstances that may be 43.29considered in determining whether a child is a child with special needs under United States 43.30Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of paragraph (a), 43.31clause (1), new text begin or section 473(c)(2)(A) of the Social Security Act, new text end are the following: 43.32    (1) The child is a member of a sibling group to be placed as one unit in which at 43.33least one sibling is older than 15 months of age or is described in clause (2) or (3). 43.34    (2) The child has documented physical, mental, emotional, or behavioral disabilities. 44.1    (3) The child has a high risk of developing physical, mental, emotional, or behavioral 44.2disabilities. 44.3    (4) The child is five years of age or older. 44.4    (c) When a child's eligibility for adoption assistance is based upon the high risk of 44.5developing physical, mental, emotional, or behavioral disabilities, payments shall not be 44.6made under the adoption assistance agreement unless and until the potential disability 44.7manifests itself as documented by an appropriate health care professional. 44.8    Sec. 17. Minnesota Statutes 2006, section 259.75, subdivision 5, is amended to read: 44.9    Subd. 5. Withdrawal of registration. A child's registration shall be withdrawn 44.10when the exchange service has been notified in writing by the local social service agency 44.11and new text begin or new text end the licensed child-placing agency that the child has been adopted, has become 14 44.12years old and will not consent to an adoption plan, new text begin placed in an adoptive home new text end or has died. 44.13    Sec. 18. Minnesota Statutes 2006, section 259.89, subdivision 1, is amended to read: 44.14    Subdivision 1. Request. An adopted person who is 19 years of age or over may 44.15request the commissioner of health to disclose the information on the adopted person's 44.16original birth record. The commissioner of health shall, within five days of receipt of 44.17the request, notify the commissioner of human services new text begin services' agent or licensed new text end 44.18 new text begin child-placing agency when known, or the commissioner of human services when the new text end 44.19 new text begin agency is not known new text end in writing of the request by the adopted person. 44.20    Sec. 19. Minnesota Statutes 2006, section 259.89, subdivision 2, is amended to read: 44.21    Subd. 2. Search. Within six months after receiving notice of the request of 44.22the adopted person, the commissioner of human services new text begin services' agent or a licensed new text end 44.23 new text begin child-placing agency new text end shall make complete and reasonable efforts to notify each parent 44.24identified on the original birth record of the adopted person. The commissioner, the 44.25commissioner's agents, and licensed child-placing agencies may charge a reasonable 44.26fee to the adopted person for the cost of making a search pursuant to this subdivision. 44.27Every licensed child-placing agency in the state shall cooperate with the commissioner of 44.28human services in efforts to notify an identified parent. All communications under this 44.29subdivision are confidential pursuant to section 13.02, subdivision 3. 44.30    For purposes of this subdivision, "notify" means a personal and confidential contact 44.31with the birth parents named on the original birth record of the adopted person. The 44.32contact shall not be by mail and shall be by an employee or agent of the licensed 44.33child-placing agency which processed the pertinent adoption or some other licensed 45.1child-placing agency designated by the commissioner of human services new text begin when it is new text end 45.2 new text begin determined to be reasonable by the commissioner; otherwise contact shall be by mail or new text end 45.3 new text begin telephone new text end . The contact shall be evidenced by filing with the commissioner of health an 45.4affidavit of notification executed by the person who notified each parent certifying that 45.5each parent was given the following information: 45.6    (a) new text begin (1) new text end the nature of the information requested by the adopted person; 45.7    (b) new text begin (2) new text end the date of the request of the adopted person; 45.8    (c) new text begin (3) new text end the right of the parent to file, within 30 days of receipt of the notice, an 45.9affidavit with the commissioner of health stating that the information on the original birth 45.10record should not be disclosed; 45.11    (d) new text begin (4) new text end the right of the parent to file a consent to disclosure with the commissioner 45.12of health at any time; and 45.13    (e) new text begin (5) new text end the effect of a failure of the parent to file either a consent to disclosure or an 45.14affidavit stating that the information on the original birth record should not be disclosed. 45.15    Sec. 20. Minnesota Statutes 2006, section 259.89, subdivision 4, is amended to read: 45.16    Subd. 4. Release of information after notice. If, within six months, the 45.17commissioner of human services certifies new text begin services' agent or licensed child-placing agency new text end 45.18 new text begin document new text end to the commissioner of health notification of each parent identified on the 45.19original birth record pursuant to subdivision 2, the commissioner of health shall disclose 45.20the information requested by the adopted person 31 days after the date of the latest notice 45.21to either parent. This disclosure will occur if, at any time during the 31 days both of 45.22the parents identified on the original birth record have filed a consent to disclosure with 45.23the commissioner of health and neither consent to disclosure has been revoked by the 45.24subsequent filing by a parent of an affidavit stating that the information should not be 45.25disclosed. If only one parent has filed a consent to disclosure and the consent has not been 45.26revoked, the commissioner of health shall disclose, to the adopted person, original birth 45.27record information on the consenting parent only. 45.28    Sec. 21. Minnesota Statutes 2006, section 259.89, is amended by adding a subdivision 45.29to read: 45.30     new text begin Subd. 7. new text end new text begin Adult adoptions. new text end new text begin Notwithstanding section 144.218, a person adopted new text end 45.31 new text begin as an adult shall be permitted to access the person's birth records that existed prior to new text end 45.32 new text begin the adult adoption. Access to the existing birth records shall be the same access that new text end 45.33 new text begin was permitted prior to the adult adoption. new text end 46.1    Sec. 22. Minnesota Statutes 2006, section 260.835, subdivision 2, is amended to read: 46.2    Subd. 2. Expiration. Notwithstanding section 15.059, subdivision 5, the American 46.3Indian Child Welfare Advisory Council expires June 30, 2008 new text begin 2012 new text end . 46.4    Sec. 23. new text begin [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF new text end 46.5 new text begin CHILDREN. new text end 46.6 new text begin ARTICLE I. PURPOSE new text end 46.7     new text begin The purpose of this Interstate Compact for the Placement of Children is to: new text end 46.8     new text begin A. Provide a process through which children subject to this compact are placed in new text end 46.9 new text begin safe and suitable homes in a timely manner. new text end 46.10     new text begin B. Facilitate ongoing supervision of a placement, the delivery of services, and new text end 46.11 new text begin communication between the states. new text end 46.12     new text begin C. Provide operating procedures that will ensure that children are placed in safe and new text end 46.13 new text begin suitable homes in a timely manner. new text end 46.14     new text begin D. Provide for the promulgation and enforcement of administrative rules new text end 46.15 new text begin implementing the provisions of this compact and regulating the covered activities of new text end 46.16 new text begin the member states. new text end 46.17     new text begin E. Provide for uniform data collection and information sharing between member new text end 46.18 new text begin states under this compact. new text end 46.19     new text begin F. Promote coordination between this compact, the Interstate Compact for Juveniles, new text end 46.20 new text begin the Interstate Compact on Adoption and Medical Assistance and other compacts affecting new text end 46.21 new text begin the placement of and which provide services to children otherwise subject to this compact. new text end 46.22     new text begin G. Provide for a state's continuing legal jurisdiction and responsibility for placement new text end 46.23 new text begin and care of a child that it would have had if the placement were intrastate. new text end 46.24     new text begin H. Provide for the promulgation of guidelines, in collaboration with Indian tribes, new text end 46.25 new text begin for interstate cases involving Indian children as is or may be permitted by federal law. new text end 46.26 new text begin ARTICLE II. DEFINITIONS new text end 46.27     new text begin As used in this compact, new text end 46.28     new text begin A. "Approved placement" means the public child-placing agency in the receiving new text end 46.29 new text begin state has determined that the placement is both safe and suitable for the child. new text end 46.30     new text begin B. "Assessment" means an evaluation of a prospective placement by a public new text end 46.31 new text begin child-placing agency to determine whether the placement meets the individualized needs new text end 46.32 new text begin of the child, including but not limited to the child's safety and stability, health and new text end 46.33 new text begin well-being, and mental, emotional, and physical development. An assessment is only new text end 46.34 new text begin applicable to a placement by a public child-placing agency. new text end 46.35     new text begin C. "Child" means an individual who has not attained the age of eighteen (18). new text end 47.1     new text begin D. "Certification" means to attest, declare, or be sworn to before a judge or notary new text end 47.2 new text begin public. new text end 47.3     new text begin E. "Default" means the failure of a member state to perform the obligations or new text end 47.4 new text begin responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate new text end 47.5 new text begin Commission. new text end 47.6     new text begin F. "Home Study" means an evaluation of a home environment conducted according new text end 47.7 new text begin to the applicable requirements of the state in which the home is located, and documents new text end 47.8 new text begin the preparation and the suitability of the placement resource for placement of a child new text end 47.9 new text begin according to the laws and requirements of the state in which the home is located. new text end 47.10     new text begin G. "Indian tribe" means any Indian tribe, band, nation, or other organized group new text end 47.11 new text begin or community of Indians recognized as eligible for services provided to Indians by the new text end 47.12 new text begin Secretary of the Interior because of their status as Indians, including any Alaskan native new text end 47.13 new text begin village as defined in section 3 (c) of the Alaska Native Claims settlement Act at 43 USC new text end 47.14 new text begin ��1602(c). new text end 47.15     new text begin H. "Interstate Commission for the Placement of Children" means the commission new text end 47.16 new text begin that is created under Article VIII of this compact and which is generally referred to as the new text end 47.17 new text begin Interstate Commission. new text end 47.18     new text begin I. "Jurisdiction" means the power and authority of a court to hear and decide matters. new text end 47.19     new text begin J. "Legal Risk Placement" ("Legal Risk Adoption") means a placement made new text end 47.20 new text begin preliminary to an adoption where the prospective adoptive parents acknowledge in writing new text end 47.21 new text begin that a child can be ordered returned to the sending state or the birth mother's state of new text end 47.22 new text begin residence, if different from the sending state and a final decree of adoption shall not be new text end 47.23 new text begin entered in any jurisdiction until all required consents are obtained or are dispensed with new text end 47.24 new text begin according to applicable law. new text end 47.25     new text begin K. "Member state" means a state that has enacted this compact. new text end 47.26     new text begin L. "Noncustodial parent" means a person who, at the time of the commencement new text end 47.27 new text begin of court proceedings in the sending state, does not have sole legal custody of the child new text end 47.28 new text begin or has joint legal custody of a child, and who is not the subject of allegations or findings new text end 47.29 new text begin of child abuse or neglect. new text end 47.30     new text begin M. "Nonmember state" means a state which has not enacted this compact. new text end 47.31     new text begin N. "Notice of residential placement" means information regarding a placement new text end 47.32 new text begin into a residential facility provided to the receiving state including, but not limited to the new text end 47.33 new text begin name, date and place of birth of the child, the identity and address of the parent or legal new text end 47.34 new text begin guardian, evidence of authority to make the placement, and the name and address of new text end 47.35 new text begin the facility in which the child will be placed. Notice of residential placement shall also new text end 47.36 new text begin include information regarding a discharge and any unauthorized absence from the facility. new text end 48.1     new text begin O. "Placement" means the act by a public or private child-placing agency intended new text end 48.2 new text begin to arrange for the care or custody of a child in another state. new text end 48.3     new text begin P. "Private child-placing agency" means any private corporation, agency, foundation, new text end 48.4 new text begin institution, or charitable organization, or any private person or attorney that facilitates, new text end 48.5 new text begin causes, or is involved in the placement of a child from one state to another and that is not new text end 48.6 new text begin an instrumentality of the state or acting under color of state law. new text end 48.7     new text begin Q. "Provisional placement" means a determination made by the public child-placing new text end 48.8 new text begin agency in the receiving state that the proposed placement is safe and suitable, and, to the new text end 48.9 new text begin extent allowable, the receiving state has temporarily waived its standards or requirements new text end 48.10 new text begin otherwise applicable to prospective foster or adoptive parents so as to not delay the new text end 48.11 new text begin placement. Completion of an assessment and the receiving state requirements regarding new text end 48.12 new text begin training for prospective foster or adoptive parents shall not delay an otherwise safe and new text end 48.13 new text begin suitable placement. new text end 48.14     new text begin R. "Public child-placing agency" means any government child welfare agency or new text end 48.15 new text begin child protection agency or a private entity under contract with such an agency, regardless new text end 48.16 new text begin of whether they act on behalf of a state, county, municipality, or other governmental new text end 48.17 new text begin unit and which facilitates, causes, or is involved in the placement of a child from one new text end 48.18 new text begin state to another. new text end 48.19     new text begin S. "Receiving state" means the state to which a child is sent, brought, or caused to new text end 48.20 new text begin be sent or brought. new text end 48.21     new text begin T. "Relative" means someone who is related to the child as a parent, step-parent, new text end 48.22 new text begin sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a new text end 48.23 new text begin non-relative with such significant ties to the child that they may be regarded as relatives as new text end 48.24 new text begin determined by the court in the sending state. new text end 48.25     new text begin U. "Residential Facility" means a facility providing a level of care that is sufficient new text end 48.26 new text begin to substitute for parental responsibility or foster care, and is beyond what is needed for new text end 48.27 new text begin assessment or treatment of an acute condition. For purposes of the compact, residential new text end 48.28 new text begin facilities do not include institutions primarily educational in character, hospitals, or other new text end 48.29 new text begin medical facilities. new text end 48.30     new text begin V. "Rule" means a written directive, mandate, standard, or principle issued by the new text end 48.31 new text begin Interstate Commission promulgated pursuant to Article XI of this compact that is of new text end 48.32 new text begin general applicability and that implements, interprets, or prescribes a policy or provision of new text end 48.33 new text begin the compact. Rule has the force and effect of an administrative rule in a member state, and new text end 48.34 new text begin includes the amendment, repeal, or suspension of an existing rule. new text end 48.35     new text begin W. "Sending state" means the state from which the placement of a child is initiated. new text end 49.1     new text begin X. "Service member's permanent duty station" means the military installation where new text end 49.2 new text begin an active duty Armed Services member is currently assigned and is physically located new text end 49.3 new text begin under competent orders that do not specify the duty as temporary. new text end 49.4     new text begin Y. "Service member's state of legal residence" means the state in which the active new text end 49.5 new text begin duty Armed Services member is considered a resident for tax and voting purposes. new text end 49.6     new text begin Z. "State" means a state of the United States, the District of Columbia, the new text end 49.7 new text begin Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the new text end 49.8 new text begin Northern Marianas Islands, and any other territory of the United States. new text end 49.9     new text begin AA. "State court" means a judicial body of a state that is vested by law with new text end 49.10 new text begin responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or new text end 49.11 new text begin status offenses of individuals who have not attained the age of eighteen (18). new text end 49.12     new text begin BB. "Supervision" means monitoring provided by the receiving state once a child new text end 49.13 new text begin has been placed in a receiving state pursuant to this compact. new text end 49.14 new text begin ARTICLE III. APPLICABILITY new text end 49.15     new text begin A. Except as otherwise provided in Article III, Section B, this compact shall apply to: new text end 49.16     new text begin 1. The interstate placement of a child subject to ongoing court jurisdiction in the new text end 49.17 new text begin sending state, due to allegations or findings that the child has been abused, neglected, or new text end 49.18 new text begin deprived as defined by the laws of the sending state, provided, however, that the placement new text end 49.19 new text begin of such a child into a residential facility shall only require notice of residential placement new text end 49.20 new text begin to the receiving state prior to placement. new text end 49.21     new text begin 2. The interstate placement of a child adjudicated delinquent or unmanageable new text end 49.22 new text begin based on the laws of the sending state and subject to ongoing court jurisdiction of the new text end 49.23 new text begin sending state if: new text end 49.24     new text begin a. the child is being placed in a residential facility in another member state and new text end 49.25 new text begin is not covered under another compact; or new text end 49.26     new text begin b. the child is being placed in another member state and the determination of safety new text end 49.27 new text begin and suitability of the placement and services required is not provided through another new text end 49.28 new text begin compact. new text end 49.29     new text begin 3. The interstate placement of any child by a public child-placing agency or private new text end 49.30 new text begin child-placing agency as defined in this compact as a preliminary step to a possible new text end 49.31 new text begin adoption. new text end 49.32     new text begin B. The provisions of this compact shall not apply to: new text end 49.33     new text begin 1. The interstate placement of a child in a custody proceeding in which a public new text end 49.34 new text begin child placing agency is not a party, provided the placement is not intended to effectuate an new text end 49.35 new text begin adoption. new text end 50.1     new text begin 2. The interstate placement of a child with a non-relative in a receiving state by a new text end 50.2 new text begin parent with the legal authority to make such a placement provided, however, that the new text end 50.3 new text begin placement is not intended to effectuate an adoption. new text end 50.4     new text begin 3. The interstate placement of a child by one relative with the lawful authority to new text end 50.5 new text begin make such a placement directly with a relative in a receiving state. new text end 50.6     new text begin 4. The placement of a child, not subject to Article III, Section A, into a residential new text end 50.7 new text begin facility by his parent. new text end 50.8     new text begin 5. The placement of a child with a noncustodial parent provided that: new text end 50.9     new text begin a. The noncustodial parent proves to the satisfaction of a court in the sending state a new text end 50.10 new text begin substantial relationship with the child; and new text end 50.11     new text begin b. The court in the sending state makes a written finding that placement with the new text end 50.12 new text begin non-custodial parent is in the best interests of the child; and new text end 50.13     new text begin c. The court in the sending state dismisses its jurisdiction over the child's case. new text end 50.14     new text begin 6. A child entering the United States from a foreign country for the purpose of new text end 50.15 new text begin adoption or leaving the United States to go to a foreign country for the purpose of new text end 50.16 new text begin adoption in that country. new text end 50.17     new text begin 7. Cases in which a U.S. citizen child living overseas with his family, at least one new text end 50.18 new text begin of whom is in the U.S. Armed Services, and who is stationed overseas, is removed and new text end 50.19 new text begin placed in a state. new text end 50.20     new text begin 8. The sending of a child by a public child-placing agency or a private child-placing new text end 50.21 new text begin agency for a visit as defined by the rules of the Interstate Commission. new text end 50.22     new text begin C. For purposes of determining the applicability of this compact to the placement of new text end 50.23 new text begin a child with a family in the Armed Services, the public child-placing agency or private new text end 50.24 new text begin child-placing agency may choose the state of the service member's permanent duty station new text end 50.25 new text begin or the service member's declared legal residence. new text end 50.26     new text begin D. Nothing in this compact shall be construed to prohibit the concurrent application new text end 50.27 new text begin of the provisions of this compact with other applicable interstate compacts including the new text end 50.28 new text begin Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical new text end 50.29 new text begin Assistance. The Interstate Commission may in cooperation with other interstate compact new text end 50.30 new text begin commissions having responsibility for the interstate movement, placement, or transfer of new text end 50.31 new text begin children, promulgate like rules to ensure the coordination of services, timely placement new text end 50.32 new text begin of children, and the reduction of unnecessary or duplicative administrative or procedural new text end 50.33 new text begin requirements. new text end 50.34 new text begin ARTICLE IV. JURISDICTION new text end 50.35     new text begin A. Except as provided in Article IV, Section G, concerning private and independent new text end 50.36 new text begin adoptions and in interstate placements in which the public child placing agency is not a new text end 51.1 new text begin party to a custody proceeding, the sending state shall retain jurisdiction over a child with new text end 51.2 new text begin respect to all matters of custody and disposition of the child which it would have had if the new text end 51.3 new text begin child had remained in the sending state. Such jurisdiction shall also include the power to new text end 51.4 new text begin order the return of the child to the sending state. new text end 51.5     new text begin B. When an issue of child protection or custody is brought before a court in the new text end 51.6 new text begin receiving state, such court shall confer with the court of the sending state to determine the new text end 51.7 new text begin most appropriate forum for adjudication. new text end 51.8     new text begin C. In accordance with its own laws, the court in the sending state shall have authority new text end 51.9 new text begin to terminate its jurisdiction if: new text end 51.10     new text begin 1. The child is reunified with the parent in the receiving state who is the subject new text end 51.11 new text begin of allegations or findings of abuse or neglect, only with the concurrence of the public new text end 51.12 new text begin child-placing agency in the receiving state; or new text end 51.13     new text begin 2. The child is adopted; new text end 51.14     new text begin 3. The child reaches the age of majority under the laws of the sending state; or new text end 51.15     new text begin 4. The child achieves legal independence pursuant to the laws of the sending state; or new text end 51.16     new text begin 5. A guardianship is created by a court in the receiving state with the concurrence of new text end 51.17 new text begin the court in the sending state; or new text end 51.18     new text begin 6. An Indian tribe has petitioned for and received jurisdiction from the court in new text end 51.19 new text begin the sending state; or new text end 51.20     new text begin 7. The public child-placing agency of the sending state requests termination and has new text end 51.21 new text begin obtained the concurrence of the public child-placing agency in the receiving the state. new text end 51.22     new text begin D. When a sending state court terminates its jurisdiction, the receiving state new text end 51.23 new text begin child-placing agency shall be notified. new text end 51.24     new text begin E. Nothing in this article shall defeat a claim of jurisdiction by a receiving state new text end 51.25 new text begin court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a new text end 51.26 new text begin child as defined by the laws of the receiving state committed by the child in the receiving new text end 51.27 new text begin state which would be a violation of its laws. new text end 51.28     new text begin F. Nothing in this article shall limit the receiving state's ability to take emergency new text end 51.29 new text begin jurisdiction for the protection of the child. new text end 51.30     new text begin G. The substantive laws of the state in which an adoption will be finalized shall new text end 51.31 new text begin solely govern all issues relating to the adoption of the child and the court in which the new text end 51.32 new text begin adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive new text end 51.33 new text begin issues relating to the adoption, except: new text end 51.34     new text begin 1. when the child is a ward of another court that established jurisdiction over the new text end 51.35 new text begin child prior to the placement; new text end 51.36     new text begin 2. when the child is in the legal custody of a public agency in the sending state; or new text end 52.1     new text begin 3. when the court in the sending state has otherwise appropriately assumed new text end 52.2 new text begin jurisdiction over the child, prior to the submission of the request for approval of placement. new text end 52.3 new text begin ARTICLE V. PLACEMENT EVALUATION new text end 52.4     new text begin A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving new text end 52.5 new text begin state, the public child-placing agency shall provide a written request for assessment to new text end 52.6 new text begin the receiving state. new text end 52.7     new text begin B. For placements by a private child-placing agency, a child may be sent or brought, new text end 52.8 new text begin or caused to be sent or brought, into a receiving state, upon receipt and immediate review new text end 52.9 new text begin of the required content in a request for approval of a placement in both the sending and new text end 52.10 new text begin receiving state public child-placing agency. The required content to accompany a request new text end 52.11 new text begin for provisional approval shall include all of the following: new text end 52.12     new text begin 1. A request for approval identifying the child, birth parents, the prospective adoptive new text end 52.13 new text begin parents, and the supervising agency, signed by the person requesting approval; and new text end 52.14     new text begin 2. The appropriate consents or relinquishments signed by the birthparents in new text end 52.15 new text begin accordance with the laws of the sending state or, where permitted, the laws of the state new text end 52.16 new text begin where the adoption will be finalized; and new text end 52.17     new text begin 3. Certification by a licensed attorney or other authorized agent of a private adoption new text end 52.18 new text begin agency that the consent or relinquishment is in compliance with the applicable laws of the new text end 52.19 new text begin sending state, or where permitted the laws of the state where finalization of the adoption new text end 52.20 new text begin will occur; and new text end 52.21     new text begin 4. A home study; and new text end 52.22     new text begin 5. An acknowledgment of legal risk signed by the prospective adoptive parents. new text end 52.23     new text begin C. The sending state and the receiving state may request additional information or new text end 52.24 new text begin documents prior to finalization of an approved placement, but they may not delay travel new text end 52.25 new text begin by the prospective adoptive parents with the child if the required content for approval new text end 52.26 new text begin has been submitted, received, and reviewed by the public child-placing agency in both new text end 52.27 new text begin the sending state and the receiving state. new text end 52.28     new text begin D. Approval from the public child-placing agency in the receiving state for a new text end 52.29 new text begin provisional or approved placement is required as provided for in the rules of the Interstate new text end 52.30 new text begin Commission. new text end 52.31     new text begin E. The procedures for making, and the request for an assessment, shall contain all new text end 52.32 new text begin information and be in such form as provided for in the rules of the Interstate Commission. new text end 52.33     new text begin F. Upon receipt of a request from the public child-placing agency of the sending new text end 52.34 new text begin state, the receiving state shall initiate an assessment of the proposed placement to new text end 52.35 new text begin determine its safety and suitability. If the proposed placement is a placement with a new text end 53.1 new text begin relative, the public child-placing agency of the sending state may request a determination new text end 53.2 new text begin for a provisional placement. new text end 53.3     new text begin G. The public child-placing agency in the receiving state may request from the new text end 53.4 new text begin public child-placing agency or the private child-placing agency in the sending state, and new text end 53.5 new text begin shall be entitled to receive supporting or additional information necessary to complete new text end 53.6 new text begin the assessment. new text end 53.7 new text begin ARTICLE VI. PLACEMENT AUTHORITY new text end 53.8     new text begin A. Except as otherwise provided in this compact, no child subject to this compact new text end 53.9 new text begin shall be placed into a receiving state until approval for such placement is obtained. new text end 53.10     new text begin B. If the public child-placing agency in the receiving state does not approve new text end 53.11 new text begin the proposed placement then the child shall not be placed. The receiving state shall new text end 53.12 new text begin provide written documentation of any such determination in accordance with the rules new text end 53.13 new text begin promulgated by the Interstate Commission. Such determination is not subject to judicial new text end 53.14 new text begin review in the sending state. new text end 53.15     new text begin C. If the proposed placement is not approved, any interested party shall have new text end 53.16 new text begin standing to seek an administrative review of the receiving state's determination. new text end 53.17     new text begin 1. The administrative review and any further judicial review associated with new text end 53.18 new text begin the determination shall be conducted in the receiving state pursuant to its applicable new text end 53.19 new text begin administrative procedures. new text end 53.20     new text begin 2. If a determination not to approve the placement of the child in the receiving state new text end 53.21 new text begin is overturned upon review, the placement shall be deemed approved, provided however new text end 53.22 new text begin that all administrative or judicial remedies have been exhausted or the time for such new text end 53.23 new text begin remedies has passed. new text end 53.24 new text begin ARTICLE VII. PLACING AGENCY RESPONSIBILITY new text end 53.25     new text begin A. For the interstate placement of a child made by a public child-placing agency new text end 53.26 new text begin or state court: new text end 53.27     new text begin 1. The public child-placing agency in the sending state shall have financial new text end 53.28 new text begin responsibility for: new text end 53.29     new text begin a. the ongoing support and maintenance for the child during the period of the new text end 53.30 new text begin placement, unless otherwise provided for in the receiving state; and new text end 53.31     new text begin b. as determined by the public child-placing agency in the sending state, services for new text end 53.32 new text begin the child beyond the public services for which the child is eligible in the receiving state. new text end 53.33     new text begin 2. The receiving state shall only have financial responsibility for: new text end 53.34     new text begin a. any assessment conducted by the receiving state; and new text end 54.1     new text begin b. supervision conducted by the receiving state at the level necessary to support new text end 54.2 new text begin the placement as agreed upon by the public child-placing agencies of the receiving and new text end 54.3 new text begin sending state. new text end 54.4     new text begin 3. Nothing in this provision shall prohibit public child-placing agencies in the new text end 54.5 new text begin sending state from entering into agreements with licensed agencies or persons in the new text end 54.6 new text begin receiving state to conduct assessments and provide supervision. new text end 54.7     new text begin B. For the placement of a child by a private child-placing agency preliminary to a new text end 54.8 new text begin possible adoption, the private child-placing agency shall be: new text end 54.9     new text begin 1. Legally responsible for the child during the period of placement as provided for in new text end 54.10 new text begin the law of the sending state until the finalization of the adoption. new text end 54.11     new text begin 2. Financially responsible for the child absent a contractual agreement to the new text end 54.12 new text begin contrary. new text end 54.13     new text begin C. The public child-placing agency in the receiving state shall provide timely new text end 54.14 new text begin assessments, as provided for in the rules of the Interstate Commission. new text end 54.15     new text begin D. The public child-placing agency in the receiving state shall provide, or arrange new text end 54.16 new text begin for the provision of, supervision and services for the child, including timely reports, new text end 54.17 new text begin during the period of the placement. new text end 54.18     new text begin E. Nothing in this compact shall be construed as to limit the authority of the public new text end 54.19 new text begin child-placing agency in the receiving state from contracting with a licensed agency or new text end 54.20 new text begin person in the receiving state for an assessment or the provision of supervision or services new text end 54.21 new text begin for the child or otherwise authorizing the provision of supervision or services by a licensed new text end 54.22 new text begin agency during the period of placement. new text end 54.23     new text begin F. Each member state shall provide for coordination among its branches of new text end 54.24 new text begin government concerning the state's participation in, and compliance with, the compact and new text end 54.25 new text begin Interstate Commission activities, through the creation of an advisory council or use of an new text end 54.26 new text begin existing body or board. new text end 54.27     new text begin G. Each member state shall establish a central state compact office, which shall new text end 54.28 new text begin be responsible for state compliance with the compact and the rules of the Interstate new text end 54.29 new text begin Commission. new text end 54.30     new text begin H. The public child-placing agency in the sending state shall oversee compliance new text end 54.31 new text begin with the provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) for placements new text end 54.32 new text begin subject to the provisions of this compact, prior to placement. new text end 54.33     new text begin I. With the consent of the Interstate Commission, states may enter into limited new text end 54.34 new text begin agreements that facilitate the timely assessment and provision of services and supervision new text end 54.35 new text begin of placements under this compact. new text end 54.36 new text begin ARTICLE VIII. INTERSTATE COMMISSION FOR THE new text end 55.1 new text begin PLACEMENT OF CHILDREN new text end 55.2     new text begin The member states hereby establish, by way of this compact, a commission known new text end 55.3 new text begin as the "Interstate Commission for the Placement of Children." The activities of the new text end 55.4 new text begin Interstate Commission are the formation of public policy and are a discretionary state new text end 55.5 new text begin function. The Interstate Commission shall: new text end 55.6     new text begin A. Be a joint commission of the member states and shall have the responsibilities, new text end 55.7 new text begin powers and duties set forth herein, and such additional powers as may be conferred upon it new text end 55.8 new text begin by subsequent concurrent action of the respective legislatures of the member states. new text end 55.9     new text begin B. Consist of one commissioner from each member state who shall be appointed by new text end 55.10 new text begin the executive head of the state human services administration with ultimate responsibility new text end 55.11 new text begin for the child welfare program. The appointed commissioner shall have the legal authority new text end 55.12 new text begin to vote on policy related matters governed by this compact binding the state. new text end 55.13     new text begin 1. Each member state represented at a meeting of the Interstate Commission is new text end 55.14 new text begin entitled to one vote. new text end 55.15     new text begin 2. A majority of the member states shall constitute a quorum for the transaction of new text end 55.16 new text begin business, unless a larger quorum is required by the bylaws of the Interstate Commission. new text end 55.17     new text begin 3. A representative shall not delegate a vote to another member state. new text end 55.18     new text begin 4. A representative may delegate voting authority to another person from their state new text end 55.19 new text begin for a specified meeting. new text end 55.20     new text begin C. In addition to the commissioners of each member state, the Interstate Commission new text end 55.21 new text begin shall include persons who are members of interested organizations as defined in the bylaws new text end 55.22 new text begin or rules of the Interstate Commission. Such members shall be ex officio and shall not be new text end 55.23 new text begin entitled to vote on any matter before the Interstate Commission. new text end 55.24     new text begin D. Establish an executive committee which shall have the authority to administer new text end 55.25 new text begin the day-to-day operations and administration of the Interstate Commission. It shall not new text end 55.26 new text begin have the power to engage in rulemaking. new text end 55.27 new text begin ARTICLE IX. POWERS AND DUTIES OF new text end 55.28 new text begin THE INTERSTATE COMMISSION new text end 55.29     new text begin The Interstate Commission shall have the following powers: new text end 55.30     new text begin A. To promulgate rules and take all necessary actions to effect the goals, purposes new text end 55.31 new text begin and obligations as enumerated in this compact. new text end 55.32     new text begin B. To provide for dispute resolution among member states. new text end 55.33     new text begin C. To issue, upon request of a member state, advisory opinions concerning the new text end 55.34 new text begin meaning or interpretation of the interstate compact, its bylaws, rules or actions. new text end 55.35     new text begin D. To enforce compliance with this compact or the bylaws or rules of the Interstate new text end 55.36 new text begin Commission pursuant to Article XII. new text end 56.1     new text begin E. Collect standardized data concerning the interstate placement of children subject new text end 56.2 new text begin to this compact as directed through its rules which shall specify the data to be collected, new text end 56.3 new text begin the means of collection and data exchange and reporting requirements. new text end 56.4     new text begin F. To establish and maintain offices as may be necessary for the transacting of its new text end 56.5 new text begin business. new text end 56.6     new text begin G. To purchase and maintain insurance and bonds. new text end 56.7     new text begin H. To hire or contract for services of personnel or consultants as necessary to new text end 56.8 new text begin carry out its functions under the compact and establish personnel qualification policies, new text end 56.9 new text begin and rates of compensation. new text end 56.10     new text begin I. To establish and appoint committees and officers including, but not limited to, an new text end 56.11 new text begin executive committee as required by Article X. new text end 56.12     new text begin J. To accept any and all donations and grants of money, equipment, supplies, new text end 56.13 new text begin materials, and services, and to receive, utilize, and dispose thereof. new text end 56.14     new text begin K. To lease, purchase, accept contributions or donations of, or otherwise to own, new text end 56.15 new text begin hold, improve, or use any property, real, personal, or mixed. new text end 56.16     new text begin L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose new text end 56.17 new text begin of any property, real, personal, or mixed. new text end 56.18     new text begin M. To establish a budget and make expenditures. new text end 56.19     new text begin N. To adopt a seal and bylaws governing the management and operation of the new text end 56.20 new text begin Interstate Commission. new text end 56.21     new text begin O. To report annually to the legislatures, governors, the judiciary, and state advisory new text end 56.22 new text begin councils of the member states concerning the activities of the Interstate Commission new text end 56.23 new text begin during the preceding year. Such reports shall also include any recommendations that may new text end 56.24 new text begin have been adopted by the Interstate Commission. new text end 56.25     new text begin P. To coordinate and provide education, training, and public awareness regarding the new text end 56.26 new text begin interstate movement of children for officials involved in such activity. new text end 56.27     new text begin Q. To maintain books and records in accordance with the bylaws of the Interstate new text end 56.28 new text begin Commission. new text end 56.29     new text begin R. To perform such functions as may be necessary or appropriate to achieve the new text end 56.30 new text begin purposes of this compact. new text end 56.31 new text begin ARTICLE X. ORGANIZATION AND OPERATION OF THE new text end 56.32 new text begin INTERSTATE COMMISSION new text end 56.33     new text begin A. Bylaws new text end 56.34     new text begin 1. Within 12 months after the first Interstate Commission meeting, the Interstate new text end 56.35 new text begin Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate new text end 56.36 new text begin to carry out the purposes of the compact. new text end 57.1     new text begin 2. The Interstate Commission's bylaws and rules shall establish conditions and new text end 57.2 new text begin procedures under which the Interstate Commission shall make its information and official new text end 57.3 new text begin records available to the public for inspection or copying. The Interstate Commission may new text end 57.4 new text begin exempt from disclosure information or official records to the extent they would adversely new text end 57.5 new text begin affect personal privacy rights or proprietary interests. new text end 57.6     new text begin B. Meetings new text end 57.7     new text begin 1. The Interstate Commission shall meet at least once each calendar year. The new text end 57.8 new text begin chairperson may call additional meetings and, upon the request of a simple majority of the new text end 57.9 new text begin member states shall call additional meetings. new text end 57.10     new text begin 2. Public notice shall be given by the Interstate Commission of all meetings and new text end 57.11 new text begin all meetings shall be open to the public, except as set forth in the rules or as otherwise new text end 57.12 new text begin provided in the compact. The Interstate Commission and its committees may close a new text end 57.13 new text begin meeting, or portion thereof, where it determines by two-thirds vote that an open meeting new text end 57.14 new text begin would be likely to: new text end 57.15     new text begin a. relate solely to the Interstate Commission's internal personnel practices and new text end 57.16 new text begin procedures; or new text end 57.17     new text begin b. disclose matters specifically exempted from disclosure by federal law; or new text end 57.18     new text begin c. disclose financial or commercial information which is privileged, proprietary or new text end 57.19 new text begin confidential in nature; or new text end 57.20     new text begin d. involve accusing a person of a crime, or formally censuring a person; or new text end 57.21     new text begin e. disclose information of a personal nature where disclosure would constitute new text end 57.22 new text begin a clearly unwarranted invasion of personal privacy or physically endanger one or more new text end 57.23 new text begin persons; or new text end 57.24     new text begin f. disclose investigative records compiled for law enforcement purposes; or new text end 57.25     new text begin g. specifically relate to the Interstate Commission's participation in a civil action new text end 57.26 new text begin or other legal proceeding. new text end 57.27     new text begin 3. For a meeting, or portion of a meeting, closed pursuant to this provision, the new text end 57.28 new text begin Interstate Commission's legal counsel or designee shall certify that the meeting may be new text end 57.29 new text begin closed and shall reference each relevant exemption provision. The Interstate Commission new text end 57.30 new text begin shall keep minutes which shall fully and clearly describe all matters discussed in a meeting new text end 57.31 new text begin and shall provide a full and accurate summary of actions taken, and the reasons therefore, new text end 57.32 new text begin including a description of the views expressed and the record of a roll call vote. All new text end 57.33 new text begin documents considered in connection with an action shall be identified in such minutes. All new text end 57.34 new text begin minutes and documents of a closed meeting shall remain under seal, subject to release by a new text end 57.35 new text begin majority vote of the Interstate Commission or by court order. new text end 58.1     new text begin 4. The bylaws may provide for meetings of the Interstate Commission to be new text end 58.2 new text begin conducted by telecommunication or other electronic communication. new text end 58.3     new text begin C. Officers and Staff new text end 58.4     new text begin 1. The Interstate Commission may, through its executive committee, appoint or new text end 58.5 new text begin retain a staff director for such period, upon such terms and conditions and for such new text end 58.6 new text begin compensation as the Interstate Commission may deem appropriate. The staff director shall new text end 58.7 new text begin serve as secretary to the Interstate Commission, but shall not have a vote. The staff director new text end 58.8 new text begin may hire and supervise such other staff as may be authorized by the Interstate Commission. new text end 58.9     new text begin 2. The Interstate Commission shall elect, from among its members, a chairperson new text end 58.10 new text begin and a vice chairperson of the executive committee and other necessary officers, each of new text end 58.11 new text begin whom shall have such authority and duties as may be specified in the bylaws. new text end 58.12     new text begin D. Qualified Immunity, Defense and Indemnification new text end 58.13     new text begin 1. The Interstate Commission's staff director and its employees shall be immune new text end 58.14 new text begin from suit and liability, either personally or in their official capacity, for a claim for damage new text end 58.15 new text begin to or loss of property or personal injury or other civil liability caused or arising out of or new text end 58.16 new text begin relating to an actual or alleged act, error, or omission that occurred, or that such person had new text end 58.17 new text begin a reasonable basis for believing occurred within the scope of Commission employment, new text end 58.18 new text begin duties, or responsibilities; provided, that such person shall not be protected from suit or new text end 58.19 new text begin liability for damage, loss, injury, or liability caused by a criminal act or the intentional or new text end 58.20 new text begin willful and wanton misconduct of such person. new text end 58.21     new text begin a. The liability of the Interstate Commission's staff director and employees new text end 58.22 new text begin or Interstate Commission representatives, acting within the scope of such person's new text end 58.23 new text begin employment or duties for acts, errors, or omissions occurring within such person's state new text end 58.24 new text begin may not exceed the limits of liability set forth under the Constitution and laws of that state new text end 58.25 new text begin for state officials, employees, and agents. The Interstate Commission is considered to new text end 58.26 new text begin be an instrumentality of the states for the purposes of any such action. Nothing in this new text end 58.27 new text begin subsection shall be construed to protect such person from suit or liability for damage, new text end 58.28 new text begin loss, injury, or liability caused by a criminal act or the intentional or willful and wanton new text end 58.29 new text begin misconduct of such person. new text end 58.30     new text begin b. The Interstate Commission shall defend the staff director and its employees and, new text end 58.31 new text begin subject to the approval of the Attorney General or other appropriate legal counsel of the new text end 58.32 new text begin member state shall defend the commissioner of a member state in a civil action seeking to new text end 58.33 new text begin impose liability arising out of an actual or alleged act, error, or omission that occurred new text end 58.34 new text begin within the scope of Interstate Commission employment, duties or responsibilities, or that new text end 58.35 new text begin the defendant had a reasonable basis for believing occurred within the scope of Interstate new text end 58.36 new text begin Commission employment, duties, or responsibilities, provided that the actual or alleged new text end 59.1 new text begin act, error, or omission did not result from intentional or willful and wanton misconduct on new text end 59.2 new text begin the part of such person. new text end 59.3     new text begin c. To the extent not covered by the state involved, member state, or the Interstate new text end 59.4 new text begin Commission, the representatives or employees of the Interstate Commission shall be new text end 59.5 new text begin held harmless in the amount of a settlement or judgment, including attorney's fees and new text end 59.6 new text begin costs, obtained against such persons arising out of an actual or alleged act, error, or new text end 59.7 new text begin omission that occurred within the scope of Interstate Commission employment, duties, or new text end 59.8 new text begin responsibilities, or that such persons had a reasonable basis for believing occurred within new text end 59.9 new text begin the scope of Interstate Commission employment, duties, or responsibilities, provided that new text end 59.10 new text begin the actual or alleged act, error, or omission did not result from intentional or willful and new text end 59.11 new text begin wanton misconduct on the part of such persons. new text end 59.12 new text begin ARTICLE XI. RULEMAKING FUNCTIONS OF new text end 59.13 new text begin THE INTERSTATE COMMISSION new text end 59.14     new text begin A. The Interstate Commission shall promulgate and publish rules in order to new text end 59.15 new text begin effectively and efficiently achieve the purposes of the compact. new text end 59.16     new text begin B. Rulemaking shall occur pursuant to the criteria set forth in this article and the new text end 59.17 new text begin bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform new text end 59.18 new text begin to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform new text end 59.19 new text begin Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the new text end 59.20 new text begin Interstate Commission deems appropriate consistent with due process requirements under new text end 59.21 new text begin the United States Constitution as now or hereafter interpreted by the U. S. Supreme Court. new text end 59.22 new text begin All rules and amendments shall become binding as of the date specified, as published with new text end 59.23 new text begin the final version of the rule as approved by the Interstate Commission. new text end 59.24     new text begin C. When promulgating a rule, the Interstate Commission shall, at a minimum: new text end 59.25     new text begin 1. Publish the proposed rule's entire text stating the reason(s) for that proposed new text end 59.26 new text begin rule; and new text end 59.27     new text begin 2. Allow and invite any and all persons to submit written data, facts, opinions, new text end 59.28 new text begin and arguments, which information shall be added to the record, and be made publicly new text end 59.29 new text begin available; and new text end 59.30     new text begin 3. Promulgate a final rule and its effective date, if appropriate, based on input from new text end 59.31 new text begin state or local officials, or interested parties. new text end 59.32     new text begin D. Rules promulgated by the Interstate Commission shall have the force and effect new text end 59.33 new text begin of administrative rules and shall be binding in the compacting states to the extent and in new text end 59.34 new text begin the manner provided for in this compact. new text end 59.35     new text begin E. Not later than 60 days after a rule is promulgated, an interested person may file a new text end 59.36 new text begin petition in the U.S. District Court for the District of Columbia or in the Federal District new text end 60.1 new text begin Court where the Interstate Commission's principal office is located for judicial review new text end 60.2 new text begin of such rule. If the court finds that the Interstate Commission's action is not supported new text end 60.3 new text begin by substantial evidence in the rulemaking record, the court shall hold the rule unlawful new text end 60.4 new text begin and set it aside. new text end 60.5     new text begin F. If a majority of the legislatures of the member states rejects a rule, those states new text end 60.6 new text begin may by enactment of a statute or resolution in the same manner used to adopt the compact new text end 60.7 new text begin cause that such rule shall have no further force and effect in any member state. new text end 60.8     new text begin G. The existing rules governing the operation of the Interstate Compact on the new text end 60.9 new text begin Placement of Children superseded by this act shall be null and void no less than 12, but new text end 60.10 new text begin no more than 24 months after the first meeting of the Interstate Commission created new text end 60.11 new text begin hereunder, as determined by the members during the first meeting. new text end 60.12     new text begin H. Within the first 12 months of operation, the Interstate Commission shall new text end 60.13 new text begin promulgate rules addressing the following: new text end 60.14     new text begin 1. Transition rules new text end 60.15     new text begin 2. Forms and procedures new text end 60.16     new text begin 3. Time lines new text end 60.17     new text begin 4. Data collection and reporting new text end 60.18     new text begin 5. Rulemaking new text end 60.19     new text begin 6. Visitation new text end 60.20     new text begin 7. Progress reports/supervision new text end 60.21     new text begin 8. Sharing of information/confidentiality new text end 60.22     new text begin 9. Financing of the Interstate Commission new text end 60.23     new text begin 10. Mediation, arbitration, and dispute resolution new text end 60.24     new text begin 11. Education, training, and technical assistance new text end 60.25     new text begin 12. Enforcement new text end 60.26     new text begin 13. Coordination with other interstate compacts new text end 60.27     new text begin I. Upon determination by a majority of the members of the Interstate Commission new text end 60.28 new text begin that an emergency exists: new text end 60.29     new text begin 1. The Interstate Commission may promulgate an emergency rule only if it is new text end 60.30 new text begin required to: new text end 60.31     new text begin a. Protect the children covered by this compact from an imminent threat to their new text end 60.32 new text begin health, safety, and well-being; or new text end 60.33     new text begin b. Prevent loss of federal or state funds; or new text end 60.34     new text begin c. Meet a deadline for the promulgation of an administrative rule required by new text end 60.35 new text begin federal law. new text end 61.1     new text begin 2. An emergency rule shall become effective immediately upon adoption, provided new text end 61.2 new text begin that the usual rulemaking procedures provided hereunder shall be retroactively applied new text end 61.3 new text begin to said rule as soon as reasonably possible, but no later than 90 days after the effective new text end 61.4 new text begin date of the emergency rule. new text end 61.5     new text begin 3. An emergency rule shall be promulgated as provided for in the rules of the new text end 61.6 new text begin Interstate Commission. new text end 61.7 new text begin ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, new text end 61.8 new text begin ENFORCEMENT new text end 61.9     new text begin A. Oversight new text end 61.10     new text begin 1. The Interstate Commission shall oversee the administration and operation of the new text end 61.11 new text begin compact. new text end 61.12     new text begin 2. The executive, legislative, and judicial branches of state government in each new text end 61.13 new text begin member state shall enforce this compact and the rules of the Interstate Commission and new text end 61.14 new text begin shall take all actions necessary and appropriate to effectuate the compact's purposes and new text end 61.15 new text begin intent. The compact and its rules shall be binding in the compacting states to the extent new text end 61.16 new text begin and in the manner provided for in this compact. new text end 61.17     new text begin 3. All courts shall take judicial notice of the compact and the rules in any judicial new text end 61.18 new text begin or administrative proceeding in a member state pertaining to the subject matter of this new text end 61.19 new text begin compact. new text end 61.20     new text begin 4. The Interstate Commission shall be entitled to receive service of process in any new text end 61.21 new text begin action in which the validity of a compact provision or rule is the issue for which a judicial new text end 61.22 new text begin determination has been sought and shall have standing to intervene in any proceedings. new text end 61.23 new text begin Failure to provide service of process to the Interstate Commission shall render any new text end 61.24 new text begin judgment, order or other determination, however so captioned or classified, void as to the new text end 61.25 new text begin Interstate Commission, this compact, its bylaws, or rules of the Interstate Commission. new text end 61.26     new text begin B. Dispute Resolution new text end 61.27     new text begin 1. The Interstate Commission shall attempt, upon the request of a member state, to new text end 61.28 new text begin resolve disputes which are subject to the compact and which may arise among member new text end 61.29 new text begin states and between member and nonmember states. new text end 61.30     new text begin 2. The Interstate Commission shall promulgate a rule providing for both mediation new text end 61.31 new text begin and binding dispute resolution for disputes among compacting states. The costs of such new text end 61.32 new text begin mediation or dispute resolution shall be the responsibility of the parties to the dispute. new text end 61.33     new text begin C. Enforcement new text end 61.34     new text begin 1. If the Interstate Commission determines that a member state has defaulted in the new text end 61.35 new text begin performance of its obligations or responsibilities under this compact, its bylaws or rules, new text end 61.36 new text begin the Interstate Commission may: new text end 62.1     new text begin a. Provide remedial training and specific technical assistance; or new text end 62.2     new text begin b. Provide written notice to the defaulting state and other member states, of the new text end 62.3 new text begin nature of the default and the means of curing the default. The Interstate Commission shall new text end 62.4 new text begin specify the conditions by which the defaulting state must cure its default; or new text end 62.5     new text begin c. By majority vote of the members, initiate against a defaulting member state legal new text end 62.6 new text begin action in the United State District Court for the District of Columbia or, at the discretion new text end 62.7 new text begin of the Interstate Commission, in the federal district where the Interstate Commission has new text end 62.8 new text begin its principal office, to enforce compliance with the provisions of the compact, its bylaws, new text end 62.9 new text begin or rules. The relief sought may include both injunctive relief and damages. In the event new text end 62.10 new text begin judicial enforcement is necessary the prevailing party shall be awarded all costs of such new text end 62.11 new text begin litigation including reasonable attorney's fees; or new text end 62.12     new text begin d. Avail itself of any other remedies available under state law or the regulation of new text end 62.13 new text begin official or professional conduct. new text end 62.14 new text begin ARTICLE XIII. FINANCING OF THE COMMISSION new text end 62.15     new text begin A. The Interstate Commission shall pay, or provide for the payment of the reasonable new text end 62.16 new text begin expenses of its establishment, organization, and ongoing activities. new text end 62.17     new text begin B. The Interstate Commission may levy on and collect an annual assessment from new text end 62.18 new text begin each member state to cover the cost of the operations and activities of the Interstate new text end 62.19 new text begin Commission and its staff which must be in a total amount sufficient to cover the Interstate new text end 62.20 new text begin Commission's annual budget as approved by its members each year. The aggregate annual new text end 62.21 new text begin assessment amount shall be allocated based upon a formula to be determined by the new text end 62.22 new text begin Interstate Commission which shall promulgate a rule binding upon all member states. new text end 62.23     new text begin C. The Interstate Commission shall not incur obligations of any kind prior to securing new text end 62.24 new text begin the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit new text end 62.25 new text begin of any of the member states, except by and with the authority of the member state. new text end 62.26     new text begin D. The Interstate Commission shall keep accurate accounts of all receipts and new text end 62.27 new text begin disbursements. The receipts and disbursements of the Interstate Commission shall be new text end 62.28 new text begin subject to the audit and accounting procedures established under its bylaws. However, new text end 62.29 new text begin all receipts and disbursements of funds handled by the Interstate Commission shall be new text end 62.30 new text begin audited yearly by a certified or licensed public accountant and the report of the audit shall new text end 62.31 new text begin be included in and become part of the annual report of the Interstate Commission. new text end 62.32 new text begin ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE new text end 62.33 new text begin AND AMENDMENT new text end 62.34     new text begin A. Any state is eligible to become a member state. new text end 62.35     new text begin B. The compact shall become effective and binding upon legislative enactment of new text end 62.36 new text begin the compact into law by no less than 35 states. The effective date shall be the later of July new text end 63.1 new text begin 1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall new text end 63.2 new text begin become effective and binding as to any other member state upon enactment of the compact new text end 63.3 new text begin into law by that state. The executive heads of the state human services administration new text end 63.4 new text begin with ultimate responsibility for the child welfare program of nonmember states or their new text end 63.5 new text begin designees shall be invited to participate in the activities of the Interstate Commission on a new text end 63.6 new text begin non-voting basis prior to adoption of the compact by all states. new text end 63.7     new text begin C. The Interstate Commission may propose amendments to the compact for new text end 63.8 new text begin enactment by the member states. No amendment shall become effective and binding new text end 63.9 new text begin on the member states unless and until it is enacted into law by unanimous consent of new text end 63.10 new text begin the member states. new text end 63.11 new text begin ARTICLE XV. WITHDRAWAL AND DISSOLUTION new text end 63.12     new text begin A. Withdrawal new text end 63.13     new text begin 1. Once effective, the compact shall continue in force and remain binding upon each new text end 63.14 new text begin and every member state; provided that a member state may withdraw from the compact new text end 63.15 new text begin specifically repealing the statute which enacted the compact into law. new text end 63.16     new text begin 2. Withdrawal from this compact shall be by the enactment of a statute repealing new text end 63.17 new text begin the same. The effective date of withdrawal shall be the effective date of the repeal of new text end 63.18 new text begin the statute. new text end 63.19     new text begin 3. The withdrawing state shall immediately notify the president of the Interstate new text end 63.20 new text begin Commission in writing upon the introduction of legislation repealing this compact in the new text end 63.21 new text begin withdrawing state. The Interstate Commission shall then notify the other member states of new text end 63.22 new text begin the withdrawing state's intent to withdraw. new text end 63.23     new text begin 4. The withdrawing state is responsible for all assessments, obligations, and new text end 63.24 new text begin liabilities incurred through the effective date of withdrawal. new text end 63.25     new text begin 5. Reinstatement following withdrawal of a member state shall occur upon the new text end 63.26 new text begin withdrawing state reenacting the compact or upon such later date as determined by the new text end 63.27 new text begin members of the Interstate Commission. new text end 63.28     new text begin B. Dissolution of Compact new text end 63.29     new text begin 1. This compact shall dissolve effective upon the date of the withdrawal or default new text end 63.30 new text begin of the member state which reduces the membership in the compact to one member state. new text end 63.31     new text begin 2. Upon the dissolution of this compact, the compact becomes null and void and shall new text end 63.32 new text begin be of no further force or effect, and the business and affairs of the Interstate Commission new text end 63.33 new text begin shall be concluded and surplus funds shall be distributed in accordance with the bylaws. new text end 63.34 new text begin ARTICLE XVI. SEVERABILITY AND CONSTRUCTION new text end 64.1     new text begin A. The provisions of this compact shall be severable, and if any phrase, clause, new text end 64.2 new text begin sentence, or provision is deemed unenforceable, the remaining provisions of the compact new text end 64.3 new text begin shall be enforceable. new text end 64.4     new text begin B. The provisions of this compact shall be liberally construed to effectuate its new text end 64.5 new text begin purposes. new text end 64.6     new text begin C. Nothing in this compact shall be construed to prohibit the concurrent applicability new text end 64.7 new text begin of other interstate compacts to which the states are members. new text end 64.8 new text begin ARTICLE XVII. BINDING EFFECT OF COMPACT new text end 64.9 new text begin AND OTHER LAWS new text end 64.10     new text begin A. Other Laws new text end 64.11     new text begin 1. Nothing herein prevents the enforcement of any other law of a member state new text end 64.12 new text begin that is not inconsistent with this compact. new text end 64.13     new text begin B. Binding Effect of the Compact new text end 64.14     new text begin 1. All lawful actions of the Interstate Commission, including all rules and bylaws new text end 64.15 new text begin promulgated by the Interstate Commission, are binding upon the member states. new text end 64.16     new text begin 2. All agreements between the Interstate Commission and the member states are new text end 64.17 new text begin binding in accordance with their terms. new text end 64.18     new text begin 3. In the event any provision of this compact exceeds the constitutional limits new text end 64.19 new text begin imposed on the legislature of any member state, such provision shall be ineffective to the new text end 64.20 new text begin extent of the conflict with the constitutional provision in question in that member state. new text end 64.21 new text begin ARTICLE XVIII. INDIAN TRIBES new text end 64.22     new text begin Notwithstanding any other provision in this compact, the Interstate Commission new text end 64.23 new text begin may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or new text end 64.24 new text begin all of the purposes of the compact as specified in Article I. The Interstate Commission new text end 64.25 new text begin shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to new text end 64.26 new text begin reflect the diverse circumstances of the various Indian tribes. new text end 64.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective upon legislative enactment of the new text end 64.28 new text begin compact into law by no less than 35 states. The commissioner of human services shall new text end 64.29 new text begin inform the Revisor of Statutes when this occurs. new text end 64.30    Sec. 24. Minnesota Statutes 2006, section 260C.001, subdivision 2, is amended to read: 64.31    Subd. 2. Child in need of protection services. new text begin (a) new text end The paramount consideration in 64.32all proceedings concerning a child alleged or found to be in need of protection or services 64.33is the health, safety, and best interests of the child. In proceedings involving an American 64.34Indian child, as defined in section 260.755, subdivision 8, the best interests of the child 65.1must be determined consistent with sections 260.751 to 260.835 and the Indian Child 65.2Welfare Act, United States Code, title 25, sections 1901 to 1923. 65.3     new text begin (b) new text end The purpose of the laws relating to juvenile courts is new text begin : new text end 65.4     new text begin (1) new text end to secure for each child alleged or adjudicated in need of protection or services 65.5and under the jurisdiction of the court, the care and guidance, preferably in the child's own 65.6home, as will best serve the spiritual, emotional, mental, and physical welfare of the child; 65.7     new text begin (2) new text end to provide judicial procedures which protect the welfare of the child; 65.8     new text begin (3) new text end to preserve and strengthen the child's family ties whenever possible and in the 65.9child's best interests, removing the child from the custody of parents only when the child's 65.10welfare or safety cannot be adequately safeguarded without removal; 65.11     new text begin (4) to ensure that when removal from the child's own family is necessary and in the new text end 65.12 new text begin child's best interests, the responsible social services agency has legal responsibility for new text end 65.13 new text begin the child removal either: new text end 65.14     new text begin (i) pursuant to a voluntary placement agreement between the child's parent or new text end 65.15 new text begin guardian and the responsible social services agency; or new text end 65.16     new text begin (ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or new text end 65.17 new text begin 260C.201; new text end 65.18     new text begin (5) to ensure that, when placement is pursuant to court order, the court order new text end 65.19 new text begin removing the child or continuing the child in foster care contains an individualized new text end 65.20 new text begin determination that placement is in the best interests of the child that coincides with the new text end 65.21 new text begin actual removal of the child; new text end and, when removal from the child's own family is necessary 65.22and in the child's best interests, 65.23     new text begin (6) new text end to secure for new text begin ensure that when the child is removed, new text end the child custody, new text begin child's new text end 65.24care and discipline new text begin is, new text end as nearly as possible new text begin , new text end equivalent to that which should have been 65.25given by the parents. new text begin and is either in: new text end 65.26     new text begin (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, new text end 65.27 new text begin subdivision 1, paragraph (a), clause (1); new text end 65.28     new text begin (ii) the home of a relative pursuant to emergency placement by the responsible social new text end 65.29 new text begin services agency under chapter 245A; or new text end 65.30     new text begin (iii) a foster home licensed under chapter 245A. new text end 65.31    Sec. 25. Minnesota Statutes 2006, section 260C.007, subdivision 5, is amended to read: 65.32    Subd. 5. Child abuse. "Child abuse" means an act that involves a minor victim 65.33and that constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, 65.34609.322 , 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, new text begin or new text end 65.35 new text begin that is physical or sexual abuse as defined in section 626.556, subdivision 2, new text end or an act 66.1committed in another state that involves a minor victim and would constitute a violation of 66.2one of these sections if committed in this state. 66.3    Sec. 26. Minnesota Statutes 2006, section 260C.007, subdivision 6, is amended to read: 66.4    Subd. 6. Child in need of protection or services. "Child in need of protection or 66.5services" means a child who is in need of protection or services because the child: 66.6    (1) is abandoned or without parent, guardian, or custodian; 66.7    (2)(i) has been a victim of physical or sexual abuse new text begin as defined in section 626.556, new text end 66.8 new text begin subdivision 2 new text end , (ii) resides with or has resided with a victim of new text begin child abuse as defined in new text end 66.9 new text begin subdivision 5 or new text end domestic child abuse as defined in subdivision 5 new text begin 13 new text end , (iii) resides with or 66.10would reside with a perpetrator of domestic child abuse new text begin as defined in subdivision 13 new text end or 66.11child abuse as defined in subdivision 5, or (iv) is a victim of emotional maltreatment as 66.12defined in subdivision 8; 66.13    (3) is without necessary food, clothing, shelter, education, or other required care 66.14for the child's physical or mental health or morals because the child's parent, guardian, 66.15or custodian is unable or unwilling to provide that care; 66.16    (4) is without the special care made necessary by a physical, mental, or emotional 66.17condition because the child's parent, guardian, or custodian is unable or unwilling to 66.18provide that care, including a child in voluntary placement due solely to the child's 66.19developmental disability or emotional disturbance; 66.20    (5) is medically neglected, which includes, but is not limited to, the withholding of 66.21medically indicated treatment from a disabled infant with a life-threatening condition. The 66.22term "withholding of medically indicated treatment" means the failure to respond to the 66.23infant's life-threatening conditions by providing treatment, including appropriate nutrition, 66.24hydration, and medication which, in the treating physician's or physicians' reasonable 66.25medical judgment, will be most likely to be effective in ameliorating or correcting all 66.26conditions, except that the term does not include the failure to provide treatment other 66.27than appropriate nutrition, hydration, or medication to an infant when, in the treating 66.28physician's or physicians' reasonable medical judgment: 66.29    (i) the infant is chronically and irreversibly comatose; 66.30    (ii) the provision of the treatment would merely prolong dying, not be effective in 66.31ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 66.32futile in terms of the survival of the infant; or 66.33    (iii) the provision of the treatment would be virtually futile in terms of the survival 66.34of the infant and the treatment itself under the circumstances would be inhumane; 67.1    (6) is one whose parent, guardian, or other custodian for good cause desires to be 67.2relieved of the child's care and custody, including a child in placement according to new text begin who new text end 67.3 new text begin entered foster care under a new text end voluntary release by new text begin placement agreement between new text end the parent 67.4 new text begin and the responsible social services agency new text end under section 260C.212, subdivision 8; 67.5    (7) has been placed for adoption or care in violation of law; 67.6    (8) is without proper parental care because of the emotional, mental, or physical 67.7disability, or state of immaturity of the child's parent, guardian, or other custodian; 67.8    (9) is one whose behavior, condition, or environment is such as to be injurious or 67.9dangerous to the child or others. An injurious or dangerous environment may include, but 67.10is not limited to, the exposure of a child to criminal activity in the child's home; 67.11    (10) is experiencing growth delays, which may be referred to as failure to thrive, that 67.12have been diagnosed by a physician and are due to parental neglect; 67.13    (11) has engaged in prostitution as defined in section 609.321, subdivision 9; 67.14    (12) has committed a delinquent act or a juvenile petty offense before becoming 67.15ten years old; 67.16    (13) is a runaway; 67.17    (14) is a habitual truant; or 67.18    (15) has been found incompetent to proceed or has been found not guilty by reason 67.19of mental illness or mental deficiency in connection with a delinquency proceeding, a 67.20certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a 67.21proceeding involving a juvenile petty offense. 67.22    Sec. 27. Minnesota Statutes 2006, section 260C.007, subdivision 13, is amended to 67.23read: 67.24    Subd. 13. Domestic child abuse. "Domestic child abuse" means: 67.25    (1) any physical injury to a minor family or household member inflicted by an adult 67.26family or household member other than by accidental means; or 67.27    (2) subjection of a minor family or household member by an adult family or 67.28household member to any act which constitutes a violation of sections 609.321 to 609.324, 67.29609.342 , 609.343, 609.344, 609.345, or 617.246. new text begin ; or new text end 67.30     new text begin (3) physical or sexual abuse as defined in section 626.556, subdivision 2. new text end 67.31    Sec. 28. Minnesota Statutes 2006, section 260C.101, subdivision 2, is amended to read: 67.32    Subd. 2. Jurisdiction over other matters relating to children. Except as provided 67.33in clause (d), the juvenile court has original and exclusive jurisdiction in proceedings 67.34concerning: 68.1    (a) The termination of parental rights to a child in accordance with the provisions of 68.2sections 260C.301 to 260C.328. 68.3    (b) The appointment and removal of a juvenile court guardian for a child, where 68.4parental rights have been terminated under the provisions of sections 260C.301 to 68.5260C.328 . 68.6    (c) Judicial consent to the marriage of a child when required by law. 68.7    (d) The juvenile court in those counties in which the judge of the probate-juvenile 68.8court has been admitted to the practice of law in this state shall proceed under the laws 68.9relating to adoptions in all adoption matters. In those counties in which the judge of the 68.10probate-juvenile court has not been admitted to the practice of law in this state the district 68.11court shall proceed under the laws relating to adoptions in all adoption matters. 68.12    (e) The review of the foster care status new text begin placement new text end of a child who has been placed new text begin is new text end 68.13in a residential facility, as defined in section 260C.212, subdivision 1, new text begin foster care new text end pursuant 68.14to a voluntary release by new text begin placement agreement between new text end the child's parent or parents new text begin and new text end 68.15 new text begin the responsible social services agency under section 260C.212, subdivision 8. new text end 68.16     new text begin (f) The review of voluntary foster care placement of a child for treatment under new text end 68.17 new text begin chapter 260D according to the review requirements of that chapter new text end . 68.18    Sec. 29. Minnesota Statutes 2006, section 260C.141, subdivision 2, is amended to read: 68.19    Subd. 2. Review of foster care status. Except for a child in foster care due 68.20solely to the child's developmental disability or emotional disturbance, When a child 68.21continues in voluntary placement new text begin foster care new text end according to section 260C.212, subdivision 68.228 , a petition shall be filed alleging the child to be in need of protection or services or 68.23seeking termination of parental rights or other permanent placement of the child away 68.24from the parent within 90 days of the date of the voluntary placement agreement. The 68.25petition shall state the reasons why the child is in placement new text begin foster care new text end , the progress on 68.26the out-of-home placement plan required under section 260C.212, subdivision 1, and 68.27the statutory basis for the petition under section 260C.007, subdivision 6, 260C.201, 68.28subdivision 11 , or 260C.301. 68.29    (1) In the case of a petition alleging the child to be in need of protection or services 68.30filed under this paragraph, if all parties agree and the court finds it is in the best interests of 68.31the child, the court may find the petition states a prima facie case that: 68.32    (i) the child's needs are being met; 68.33    (ii) the placement of the child in foster care is in the best interests of the child; 68.34    (iii) reasonable efforts to reunify the child and the parent or guardian are being 68.35made; and 69.1    (iv) the child will be returned home in the next three months. 69.2    (2) If the court makes findings under paragraph (1), the court shall approve the 69.3voluntary arrangement and continue the matter for up to three more months to ensure the 69.4child returns to the parents' home. The responsible social services agency shall: 69.5    (i) report to the court when the child returns home and the progress made by the 69.6parent on the out-of-home placement plan required under section 260C.212, in which 69.7case the court shall dismiss jurisdiction; 69.8    (ii) report to the court that the child has not returned home, in which case the matter 69.9shall be returned to the court for further proceedings under section 260C.163; or 69.10    (iii) if any party does not agree to continue the matter under this paragraph and 69.11paragraph (1), the matter shall proceed under section 260C.163. 69.12    Sec. 30. Minnesota Statutes 2007 Supplement, section 260C.163, subdivision 1, 69.13is amended to read: 69.14    Subdivision 1. General. (a) Except for hearings arising under section 260C.425, 69.15hearings on any matter shall be without a jury and may be conducted in an informal 69.16manner. In all adjudicatory proceedings involving a child alleged to be in need of 69.17protection or services, the court shall admit only evidence that would be admissible in a 69.18civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of 69.19protection or services must be proved by clear and convincing evidence. 69.20    (b) Except for proceedings involving a child alleged to be in need of protection or 69.21services and petitions for the termination of parental rights, hearings may be continued or 69.22adjourned from time to time. In proceedings involving a child alleged to be in need of 69.23protection or services and petitions for the termination of parental rights, hearings may not 69.24be continued or adjourned for more than one week unless the court makes specific findings 69.25that the continuance or adjournment is in the best interests of the child. If a hearing is held 69.26on a petition involving physical or sexual abuse of a child who is alleged to be in need of 69.27protection or services or neglected and in foster care, the court shall file the decision with 69.28the court administrator as soon as possible but no later than 15 days after the matter is 69.29submitted to the court. When a continuance or adjournment is ordered in any proceeding, 69.30the court may make any interim orders as it deems in the best interests of the minor in 69.31accordance with the provisions of sections 260C.001 to 260C.421. 69.32    (c) Except as otherwise provided in this paragraph, the court shall exclude the 69.33general public from hearings under this chapter and shall admit only those persons who, 69.34in the discretion of the court, have a direct interest in the case or in the work of the 69.35court. new text begin Absent exceptional circumstances, hearings under this chapter are presumed to be new text end 70.1 new text begin accessible to the public, however the court may close any hearing and the records related new text end 70.2 new text begin to any matter as provided in the Minnesota Rules of Juvenile Protection Procedure. new text end 70.3    (d) Adoption hearings shall be conducted in accordance with the provisions of 70.4laws relating to adoptions. 70.5    (e) In any permanency hearing, including the transition of a child from foster care 70.6to independent living, the court shall ensure that any consult with the child is in an 70.7age-appropriate manner. 70.8    Sec. 31. Minnesota Statutes 2006, section 260C.171, subdivision 2, is amended to read: 70.9    Subd. 2. Public inspection of records. (a) The following records from proceedings 70.10or portions of proceedings involving a child in need of protection or services that new text begin , new text end 70.11 new text begin permanency, or termination of parental rights new text end are open new text begin accessible new text end to the public as 70.12authorized by Supreme Court order and court rules are accessible to the public unless the 70.13court determines that access should be restricted because of the intensely personal nature 70.14of the information: new text begin the Minnesota Rules of Juvenile Protection Procedure. new text end 70.15    (1) the summons and petition; 70.16    (2) affidavits of publication and service; 70.17    (3) certificates of representation; 70.18    (4) court orders; 70.19    (5) hearing and trial notices, witness lists, and subpoenas; 70.20    (6) motions and legal memoranda; 70.21    (7) exhibits introduced at hearings or trial that are not inaccessible under paragraph 70.22(b); 70.23    (8) birth records; and 70.24    (9) all other documents not listed as inaccessible to the public under paragraph (b). 70.25    (b) The following records are not accessible to the public under paragraph (a): 70.26    (1) written, audiotaped, or videotaped information from the social services agency, 70.27except to the extent the information appears in the petition, court orders, or other 70.28documents that are accessible under paragraph (a); 70.29    (2) child protection intake or screening notes; 70.30    (3) documents identifying reporters of maltreatment, unless the names and other 70.31identifying information are redacted; 70.32    (4) guardian ad litem reports; 70.33    (5) victim statements and addresses and telephone numbers; 70.34    (6) documents identifying nonparty witnesses under the age of 18, unless the names 70.35and other identifying information are redacted; 71.1    (7) transcripts of testimony taken during closed hearing; 71.2    (8) fingerprinting materials; 71.3    (9) psychological, psychiatric, and chemical dependency evaluations; 71.4    (10) presentence evaluations of juveniles and probation reports; 71.5    (11) medical records and test results; 71.6    (12) reports issued by sexual predator programs; 71.7    (13) diversion records of juveniles; 71.8    (14) any document which the court, upon its own motion or upon motion of a party, 71.9orders inaccessible to serve the best interests of the child; and 71.10    (15) any other records that are not accessible to the public under rules developed 71.11by the courts. 71.12    In addition, records that are accessible to the public under paragraph (a) become 71.13inaccessible to the public if one year has elapsed since either the proceeding was dismissed 71.14or the court's jurisdiction over the matter was terminated. 71.15    (c) Except as otherwise provided by this section, none of the records of the juvenile 71.16court and new text begin (b) new text end None of the records relating to an appeal from a nonpublic juvenile court 71.17proceeding, except the written appellate opinion, shall be open to public inspection or their 71.18contents disclosed except by order of a court. 71.19    (d) new text begin (c) new text end The records of juvenile probation officers are records of the court for the 71.20purposes of this subdivision. This subdivision applies to all proceedings under this 71.21chapter, including appeals from orders of the juvenile court. The court shall maintain the 71.22confidentiality of adoption files and records in accordance with the provisions of laws 71.23relating to adoptions. In juvenile court proceedings any report or social history furnished 71.24to the court shall be open to inspection by the attorneys of record and the guardian ad litem 71.25a reasonable time before it is used in connection with any proceeding before the court. 71.26    (e) When a judge of a juvenile court, or duly authorized agent of the court, 71.27determines under a proceeding under this chapter that a child has violated a state or local 71.28law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets 71.29and highways, except parking violations, the judge or agent shall immediately report 71.30the violation to the commissioner of public safety. The report must be made on a form 71.31provided by the Department of Public Safety and must contain the information required 71.32under section . 71.33    Sec. 32. Minnesota Statutes 2006, section 260C.178, subdivision 1, is amended to read: 71.34    Subdivision 1. Hearing and release requirements. (a) If a child was taken into 71.35custody under section 260C.175, subdivision 1, clause (a) or (b)(2), the court shall hold a 72.1hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, 72.2Sundays, and holidays, to determine whether the child should continue in custody. 72.3    (b) Unless there is reason to believe that the child would endanger self or others, 72.4not return for a court hearing, run away from the child's parent, guardian, or custodian 72.5or otherwise not remain in the care or control of the person to whose lawful custody the 72.6child is released, or that the child's health or welfare would be immediately endangered, 72.7the child shall be released to the custody of a parent, guardian, custodian, or other 72.8suitable person, subject to reasonable conditions of release including, but not limited to, 72.9a requirement that the child undergo a chemical use assessment as provided in section 72.10260C.157, subdivision 1 . 72.11     new text begin (c) new text end If the court determines there is reason to believe that the child would endanger 72.12self or others; not return for a court hearing; run away from the child's parent, guardian, or 72.13custodian or otherwise not remain in the care or control of the person to whose lawful 72.14custody the child is released; or that the child's health or welfare would be immediately 72.15endangered new text begin if returned to the care of the parent or guardian who has custody and from new text end 72.16 new text begin whom the child was removed new text end , the court shall order the child into foster care under the 72.17 new text begin legal new text end responsibility of the responsible social services agency or responsible probation or 72.18corrections agency for the purposes of protective care as that term is used in the juvenile 72.19court rules. new text begin or into the home of a noncustodial parent and order the noncustodial parent new text end 72.20 new text begin to comply with any conditions the court determines to be appropriate to the safety and new text end 72.21 new text begin care of the child, including cooperating with paternity establishment proceedings in the new text end 72.22 new text begin case of a man who has not been adjudicated the child's father. The court shall not give new text end 72.23 new text begin the responsible social services legal custody and order a trial home visit at any time prior new text end 72.24 new text begin to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a), new text end 72.25 new text begin clause (3), but may order the child returned to the care of the parent or guardian who new text end 72.26 new text begin has custody and from whom the child was removed and order the parent or guardian to new text end 72.27 new text begin comply with any conditions the court determines to be appropriate to meet the safety, new text end 72.28 new text begin health, and welfare of the child. new text end 72.29     new text begin (d) new text end In determining whether the child's health or welfare would be immediately 72.30endangered, the court shall consider whether the child would reside with a perpetrator 72.31of domestic child abuse. 72.32    (c) new text begin (e) new text end The court, before determining whether a child should be placed in or continue 72.33in foster care under the protective care of the responsible agency, shall also make a 72.34determination, consistent with section 260.012 as to whether reasonable efforts were made 72.35to prevent placement or whether reasonable efforts to prevent placement are not required. 72.36In the case of an Indian child, the court shall determine whether active efforts, according 73.1to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), 73.2were made to prevent placement. The court shall enter a finding that the responsible 73.3social services agency has made reasonable efforts to prevent placement when the agency 73.4establishes either: 73.5    (1) that it has actually provided services or made efforts in an attempt to prevent 73.6the child's removal but that such services or efforts have not proven sufficient to permit 73.7the child to safely remain in the home; or 73.8    (2) that there are no services or other efforts that could be made at the time of the 73.9hearing that could safely permit the child to remain home or to return home. When 73.10reasonable efforts to prevent placement are required and there are services or other efforts 73.11that could be ordered which would permit the child to safely return home, the court shall 73.12order the child returned to the care of the parent or guardian and the services or efforts put 73.13in place to ensure the child's safety. When the court makes a prima facie determination 73.14that one of the circumstances under paragraph (e) new text begin (g) new text end exists, the court shall determine that 73.15reasonable efforts to prevent placement and to return the child to the care of the parent or 73.16guardian are not required. 73.17    If the court finds the social services agency's preventive or reunification efforts 73.18have not been reasonable but further preventive or reunification efforts could not permit 73.19the child to safely remain at home, the court may nevertheless authorize or continue 73.20the removal of the child. 73.21    (d) new text begin (f) new text end The court may not order or continue the foster care placement of the child 73.22unless the court makes explicit, individualized findings that continued custody of the child 73.23by the parent or guardian would be contrary to the welfare of the child new text begin and that placement new text end 73.24 new text begin is in the best interest of the child new text end . 73.25    (e) new text begin (g) new text end At the emergency removal hearing, or at any time during the course of the 73.26proceeding, and upon notice and request of the county attorney, the court shall determine 73.27whether a petition has been filed stating a prima facie case that: 73.28    (1) the parent has subjected a child to egregious harm as defined in section 73.29260C.007, subdivision 14 ; 73.30    (2) the parental rights of the parent to another child have been involuntarily 73.31terminated; 73.32    (3) the child is an abandoned infant under section 260C.301, subdivision 2, 73.33paragraph (a), clause (2); 73.34    (4) the parents' custodial rights to another child have been involuntarily transferred 73.35to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar 73.36law of another jurisdiction; or 74.1    (5) the provision of services or further services for the purpose of reunification is 74.2futile and therefore unreasonable. 74.3    (f) new text begin (h) new text end When a petition to terminate parental rights is required under section 74.4260C.301, subdivision 3 or 4, but the county attorney has determined not to proceed 74.5with a termination of parental rights petition, and has instead filed a petition to transfer 74.6permanent legal and physical custody to a relative under section 260C.201, subdivision 11, 74.7the court shall schedule a permanency hearing within 30 days of the filing of the petition. 74.8    (g) new text begin (i) new text end If the county attorney has filed a petition under section 260C.307, the court 74.9shall schedule a trial under section 260C.163 within 90 days of the filing of the petition 74.10except when the county attorney determines that the criminal case shall proceed to trial 74.11first under section 260C.201, subdivision 3. 74.12    (h) new text begin (j) new text end If the court determines the child should be ordered into foster care and 74.13the child's parent refuses to give information to the responsible social services agency 74.14regarding the child's father or relatives of the child, the court may order the parent to 74.15disclose the names, addresses, telephone numbers, and other identifying information to the 74.16responsible social services agency for the purpose of complying with the requirements of 74.17sections 260C.151, 260C.212, and 260C.215. 74.18    (i) new text begin (k) new text end If a child ordered into foster care has siblings, whether full, half, or step, who 74.19are also ordered into foster care, the court shall inquire of the responsible social services 74.20agency of the efforts to place the children together as required by section 260C.212, 74.21subdivision 2 , paragraph (d), if placement together is in each child's best interests, unless a 74.22child is in placement due solely to the child's own behavior or a child is placed with 74.23a previously noncustodial parent who is not parent to all siblings. If the children are 74.24not placed together at the time of the hearing, the court shall inquire at each subsequent 74.25hearing of the agency's efforts to place the siblings together. If any sibling is not placed 74.26with another sibling or siblings, the agency must develop a plan for visitation among the 74.27siblings as required under section 260C.212, subdivision 1. 74.28    Sec. 33. Minnesota Statutes 2006, section 260C.205, is amended to read: 74.29260C.205 DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS new text begin new text end 74.30 new text begin FOR TREATMENT new text end . 74.31    Unless the court disposes of the petition under section 260C.141, subdivision 2, 74.32Upon a petition for review of the foster care status of a new text begin by a parent or guardian under new text end 74.33 new text begin section 260C.141, subdivision 1, regarding a new text end child new text begin in voluntary foster care for treatment new text end 74.34 new text begin under chapter 260D new text end , the court may: 75.1    (a) find that the child's needs are not being met, in which case the court shall order 75.2the social services agency or the parents to take whatever action is necessary and feasible 75.3to meet the child's needs, including, when appropriate, the provision by the social services 75.4agency of services to the parents which would enable the child to live at home, and order a 75.5disposition under section . 75.6    (b) Find that the child has been abandoned by parents financially or emotionally, or 75.7that the developmentally disabled child does not require out-of-home care because of the 75.8disabling condition, in which case the court shall order the social services agency to file an 75.9appropriate petition pursuant to section 260C.141, subdivision 1, or . 75.10    (c) When a child is in placement due solely to the child's developmental disability or 75.11emotional disturbance and the court finds that there are compelling reasons which permit 75.12the court to approve the continued voluntary placement of the child and retain jurisdiction 75.13to conduct reviews as required under section 260C.141, subdivision 2, the court shall give 75.14the parent notice by registered United States mail of the review requirements of section 75.15260C.141, subdivision 2, in the event the child continues in placement 12 months or longer. 75.16    Nothing in this section shall be construed to prohibit bringing a petition pursuant 75.17to section 260C.141, subdivision 1 or 4, sooner than required by court order pursuant 75.18to this section. 75.19    Sec. 34. Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 1, 75.20is amended to read: 75.21    Subdivision 1. Subjects. The responsible social services agency must initiate a 75.22background study to be completed by the commissioner under chapter 245C new text begin may have new text end 75.23 new text begin access to the criminal history and history of child and adult maltreatment new text end on the following 75.24individuals: 75.25    (1) a noncustodial parent or nonadjudicated parent who is being assessed for 75.26purposes of providing day-to-day care of a child temporarily or permanently under section 75.27260C.212, subdivision 4 , and any member of the parent's household who is over the age of 75.2813 when there is a reasonable cause to believe that the parent or household member over 75.29age 13 has a criminal history or a history of maltreatment of a child or vulnerable adult 75.30which would endanger the child's health, safety, or welfare; 75.31    (2) an individual whose suitability for relative placement under section 260C.212, 75.32subdivision 5 , is being determined and any member of the relative's household who is 75.33over the age of 13 when: 75.34    (i) the relative must be licensed for foster care; or 75.35    (ii) the background study is required under section 259.53, subdivision 2; or 76.1    (iii) the agency or the commissioner has reasonable cause to believe the relative 76.2or household member over the age of 13 has a criminal history which would not make 76.3transfer of permanent legal and physical custody to the relative under section 260C.201, 76.4subdivision 11 , in the child's best interest; and 76.5    (3) a parent, following an out-of-home placement, when the responsible social 76.6services agency has reasonable cause to believe that the parent has been convicted of a 76.7crime directly related to the parent's capacity to maintain the child's health, safety, or 76.8welfare or the parent is the subject of an open investigation of, or has been the subject 76.9of a substantiated allegation of, child or vulnerable-adult maltreatment within the past 76.10ten years. 76.11"Reasonable cause" means that the agency has received information or a report from the 76.12subject or a third person that creates an articulable suspicion that the individual has a 76.13history that may pose a risk to the health, safety, or welfare of the child. The information 76.14or report must be specific to the potential subject of the background check and shall not 76.15be based on the race, religion, ethnic background, age, class, or lifestyle of the potential 76.16subject. 76.17    Sec. 35. Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 2, 76.18is amended to read: 76.19    Subd. 2. General procedures. (a) When initiating a background check new text begin accessing new text end 76.20 new text begin information new text end under subdivision 1, the agency shall require the individual being assessed 76.21to provide sufficient information to ensure an accurate assessment under this section, 76.22including: 76.23    (1) the individual's first, middle, and last name and all other names by which the 76.24individual has been known; 76.25    (2) home address, zip code, city, county, and state of residence for the past five years; 76.26    (3) sex; 76.27    (4) date of birth; and 76.28    (5) driver's license number or state identification number. 76.29    (b) When notified by the commissioner or the responsible social services agency that 76.30it is conducting an assessment under this section new text begin accessing information under subdivision new text end 76.31 new text begin 1 new text end , the Bureau of Criminal Apprehension, commissioners of health and human services, 76.32law enforcement, and county agencies must provide the commissioner or the responsible 76.33social services agency or county attorney with the following information on the individual 76.34being assessed: criminal history data, new text begin local law enforcement data about the household, new text end 77.1reports about the maltreatment of adults substantiated under section 626.557, and reports 77.2of maltreatment of minors substantiated under section 626.556. 77.3    Sec. 36. Minnesota Statutes 2007 Supplement, section 260C.209, is amended by 77.4adding a subdivision to read: 77.5     new text begin Subd. 5. new text end new text begin Assessment for emergency relative placement. new text end new text begin The responsible social new text end 77.6 new text begin services agency may obtain household members' criminal history and the history of new text end 77.7 new text begin maltreatment of a child or adult and use the history to assess whether putting the child new text end 77.8 new text begin in the household would endanger the child's health, safety, or welfare and to assess the new text end 77.9 new text begin suitability of a relative prior to an emergency placement. This assessment does not new text end 77.10 new text begin substitute for the background study required under chapter 245C and does not supersede new text end 77.11 new text begin requirements related to emergency placement under section 245A.035. new text end 77.12    Sec. 37. Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 1, 77.13is amended to read: 77.14    Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan 77.15shall be prepared within 30 days after any child is placed in a residential facility new text begin foster new text end 77.16 new text begin care new text end by court order or by the new text begin a new text end voluntary release of the child by new text begin placement agreement new text end 77.17 new text begin between the responsible social services agency and new text end the new text begin child's new text end parent or parents new text begin pursuant new text end 77.18 new text begin to subdivision 8 or chapter 260D new text end . 77.19    For purposes of this section, a residential facility means any group home, family 77.20foster home or other publicly supported out-of-home residential facility, including any 77.21out-of-home residential facility under contract with the state, county or other political 77.22subdivision, or any agency thereof, to provide those services or foster care as defined in 77.23section 260C.007, subdivision 18. 77.24    (b) An out-of-home placement plan means a written document which is prepared by 77.25the responsible social services agency jointly with the parent or parents or guardian of the 77.26child and in consultation with the child's guardian ad litem, the child's tribe, if the child is 77.27an Indian child, the child's foster parent or representative of the residential facility, and, 77.28where appropriate, the child. For a child in placement due solely or in part to the child's 77.29emotional disturbance new text begin voluntary foster care for treatment under chapter 260D new text end , preparation 77.30of the out-of-home placement plan shall additionally include the child's mental health 77.31treatment provider. As appropriate, the plan shall be: 77.32    (1) submitted to the court for approval under section 260C.178, subdivision 7; 77.33    (2) ordered by the court, either as presented or modified after hearing, under section 77.34260C.178, subdivision 7 , or 260C.201, subdivision 6; and 78.1    (3) signed by the parent or parents or guardian of the child, the child's guardian ad 78.2litem, a representative of the child's tribe, the responsible social services agency, and, if 78.3possible, the child. 78.4    (c) The out-of-home placement plan shall be explained to all persons involved in its 78.5implementation, including the child who has signed the plan, and shall set forth: 78.6    (1) a description of the residential facility including how the out-of-home placement 78.7plan is designed to achieve a safe placement for the child in the least restrictive, most 78.8family-like, setting available which is in close proximity to the home of the parent or 78.9parents or guardian of the child when the case plan goal is reunification, and how the 78.10placement is consistent with the best interests and special needs of the child according to 78.11the factors under subdivision 2, paragraph (b); 78.12    (2) the specific reasons for the placement of the child in a residential facility, and 78.13when reunification is the plan, a description of the problems or conditions in the home of 78.14the parent or parents which necessitated removal of the child from home and the changes 78.15the parent or parents must make in order for the child to safely return home; 78.16    (3) a description of the services offered and provided to prevent removal of the child 78.17from the home and to reunify the family including: 78.18    (i) the specific actions to be taken by the parent or parents of the child to eliminate 78.19or correct the problems or conditions identified in clause (2), and the time period during 78.20which the actions are to be taken; and 78.21    (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made 78.22to achieve a safe and stable home for the child including social and other supportive 78.23services to be provided or offered to the parent or parents or guardian of the child, the 78.24child, and the residential facility during the period the child is in the residential facility; 78.25    (4) a description of any services or resources that were requested by the child or the 78.26child's parent, guardian, foster parent, or custodian since the date of the child's placement 78.27in the residential facility, and whether those services or resources were provided and if 78.28not, the basis for the denial of the services or resources; 78.29    (5) the visitation plan for the parent or parents or guardian, other relatives as defined 78.30in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed 78.31together in the residential facility new text begin foster care new text end , and whether visitation is consistent with the 78.32best interest of the child, during the period the child is in the residential facility new text begin foster care new text end ; 78.33    (6) documentation of steps to finalize the adoption or legal guardianship of the child 78.34if the court has issued an order terminating the rights of both parents of the child or of the 78.35only known, living parent of the child. At a minimum, the documentation must include 78.36child-specific recruitment efforts such as relative search and the use of state, regional, and 79.1national adoption exchanges to facilitate orderly and timely placements in and outside 79.2of the state. A copy of this documentation shall be provided to the court in the review 79.3required under section 260C.317, subdivision 3, paragraph (b); 79.4    (7) the health and educational records of the child including the most recent 79.5information available regarding: 79.6    (i) the names and addresses of the child's health and educational providers; 79.7    (ii) the child's grade level performance; 79.8    (iii) the child's school record; 79.9    (iv) assurances that the child's placement in foster care takes into account proximity 79.10to the school in which the child is enrolled at the time of placement; 79.11    (v) a record of the child's immunizations; 79.12    (vi) the child's known medical problems, including any known communicable 79.13diseases, as defined in section 144.4172, subdivision 2; 79.14    (vii) the child's medications; and 79.15    (viii) any other relevant health and education information; 79.16    (8) an independent living plan for a child age 16 or older who is in placement as 79.17a result of a permanency disposition. The plan should include, but not be limited to, 79.18the following objectives: 79.19    (i) educational, vocational, or employment planning; 79.20    (ii) health care planning and medical coverage; 79.21    (iii) transportation including, where appropriate, assisting the child in obtaining a 79.22driver's license; 79.23    (iv) money management; 79.24    (v) planning for housing; 79.25    (vi) social and recreational skills; and 79.26    (vii) establishing and maintaining connections with the child's family and 79.27community; and 79.28    (9) for a child in placement due solely or in part to the child's emotional disturbance new text begin new text end 79.29 new text begin voluntary foster care for treatment under chapter 260D new text end , diagnostic and assessment 79.30information, specific services relating to meeting the mental health care needs of the 79.31child, and treatment outcomes. 79.32    (d) The parent or parents or guardian and the child each shall have the right to legal 79.33counsel in the preparation of the case plan and shall be informed of the right at the time 79.34of placement of the child. The child shall also have the right to a guardian ad litem. 79.35If unable to employ counsel from their own resources, the court shall appoint counsel 79.36upon the request of the parent or parents or the child or the child's legal guardian. The 80.1parent or parents may also receive assistance from any person or social services agency 80.2in preparation of the case plan. 80.3    After the plan has been agreed upon by the parties involved or approved or ordered 80.4by the court, the foster parents shall be fully informed of the provisions of the case plan 80.5and shall be provided a copy of the plan. 80.6    Upon discharge from foster care, the parent, adoptive parent, or permanent legal and 80.7physical custodian, as appropriate, and the child, if appropriate, must be provided with 80.8a current copy of the child's health and education record. 80.9    Sec. 38. Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 4, 80.10is amended to read: 80.11    Subd. 4. Responsible social service agency's duties for children in placement. 80.12    (a) When a child is in placement new text begin foster care new text end , the responsible social services agency shall 80.13make diligent efforts to identify, locate, and, where appropriate, offer services to both 80.14parents of the child. 80.15    (1) The responsible social services agency shall assess whether a noncustodial or 80.16nonadjudicated parent is willing and capable of providing for the day-to-day care of the 80.17child temporarily or permanently. An assessment under this clause may include, but 80.18is not limited to, obtaining information under section 260C.209. If after assessment, 80.19the responsible social services agency determines that a noncustodial or nonadjudicated 80.20parent is willing and capable of providing day-to-day care of the child, the responsible 80.21social services agency may seek authority from the custodial parent or the court to have 80.22that parent assume day-to-day care of the child. If a parent is not an adjudicated parent, 80.23the responsible social services agency shall require the nonadjudicated parent to cooperate 80.24with paternity establishment procedures as part of the case plan. 80.25    (2) If, after assessment, the responsible social services agency determines that the 80.26child cannot be in the day-to-day care of either parent, the agency shall: 80.27    (i) prepare an out-of-home placement plan addressing the conditions that each parent 80.28must meet before the child can be in that parent's day-to-day care; and 80.29    (ii) provide a parent who is the subject of a background study under section 80.30260C.209 15 days' notice that it intends to use the study to recommend against putting the 80.31child with that parent, as well as the notice provided in section 260C.209, subdivision 4, 80.32and the court shall afford the parent an opportunity to be heard concerning the study. 80.33    The results of a background study of a noncustodial parent shall not be used by the 80.34agency to determine that the parent is incapable of providing day-to-day care of the child 81.1unless the agency reasonably believes that placement of the child into the home of that 81.2parent would endanger the child's health, safety, or welfare. 81.3    (3) If, after the provision of services following an out-of-home placement plan under 81.4this section, the child cannot return to the care of the parent from whom the child was 81.5removed or who had legal custody at the time the child was placed in foster care, the 81.6agency may petition on behalf of a noncustodial parent to establish legal custody with 81.7that parent under section 260C.201, subdivision 11. If paternity has not already been 81.8established, it may be established in the same proceeding in the manner provided for 81.9under chapter 257. 81.10    (4) The responsible social services agency may be relieved of the requirement to 81.11locate and offer services to both parents by the juvenile court upon a finding of good cause 81.12after the filing of a petition under section 260C.141. 81.13    (b) The responsible social services agency shall give notice to the parent or parents 81.14or guardian of each child in a residential facility new text begin foster care new text end , other than a child in placement 81.15due solely to that child's developmental disability or emotional disturbance new text begin voluntary new text end 81.16 new text begin foster care for treatment under chapter 260D new text end , of the following information: 81.17    (1) that residential care of the child new text begin child's placement in foster care new text end may result in 81.18termination of parental rights or an order permanently placing the child out of the custody 81.19of the parent, but only after notice and a hearing as required under chapter 260C and 81.20the juvenile court rules; 81.21    (2) time limits on the length of placement and of reunification services, including 81.22the date on which the child is expected to be returned to and safely maintained in the 81.23home of the parent or parents or placed for adoption or otherwise permanently removed 81.24from the care of the parent by court order; 81.25    (3) the nature of the services available to the parent; 81.26    (4) the consequences to the parent and the child if the parent fails or is unable to use 81.27services to correct the circumstances that led to the child's placement; 81.28    (5) the first consideration for placement with relatives; 81.29    (6) the benefit to the child in getting the child out of residential new text begin foster new text end care as soon 81.30as possible, preferably by returning the child home, but if that is not possible, through a 81.31permanent legal placement of the child away from the parent; 81.32    (7) when safe for the child, the benefits to the child and the parent of maintaining 81.33visitation with the child as soon as possible in the course of the case and, in any event, 81.34according to the visitation plan under this section; and 81.35    (8) the financial responsibilities and obligations, if any, of the parent or parents for 81.36the support of the child during the period the child is in the residential facility new text begin foster care new text end . 82.1    (c) The responsible social services agency shall inform a parent considering 82.2voluntary placement of a child who is not developmentally disabled or emotionally 82.3disturbed new text begin under subdivision 8, new text end of the following information: 82.4    (1) the parent and the child each has a right to separate legal counsel before signing a 82.5voluntary placement agreement, but not to counsel appointed at public expense; 82.6    (2) the parent is not required to agree to the voluntary placement, and a parent 82.7who enters a voluntary placement agreement may at any time request that the agency 82.8return the child. If the parent so requests, the child must be returned within 24 hours of 82.9the receipt of the request; 82.10    (3) evidence gathered during the time the child is voluntarily placed may be used 82.11at a later time as the basis for a petition alleging that the child is in need of protection 82.12or services or as the basis for a petition seeking termination of parental rights or other 82.13permanent placement of the child away from the parent; 82.14    (4) if the responsible social services agency files a petition alleging that the child is 82.15in need of protection or services or a petition seeking the termination of parental rights 82.16or other permanent placement of the child away from the parent, the parent would have 82.17the right to appointment of separate legal counsel and the child would have a right to the 82.18appointment of counsel and a guardian ad litem as provided by law, and that counsel will 82.19be appointed at public expense if they are unable to afford counsel; and 82.20    (5) the timelines and procedures for review of voluntary placements under 82.21subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a 82.22permanent placement determination hearing under section 260C.201, subdivision 11. 82.23    (d) When an agency accepts a child for placement, the agency shall determine 82.24whether the child has had a physical examination by or under the direction of a licensed 82.25physician within the 12 months immediately preceding the date when the child came into 82.26the agency's care. If there is documentation that the child has had an examination within 82.27the last 12 months, the agency is responsible for seeing that the child has another physical 82.28examination within one year of the documented examination and annually in subsequent 82.29years. If the agency determines that the child has not had a physical examination within 82.30the 12 months immediately preceding placement, the agency shall ensure that the child 82.31has an examination within 30 days of coming into the agency's care and once a year 82.32in subsequent years. 82.33    (e) new text begin Whether under state guardianship or not, new text end if a child leaves foster care by reason 82.34of having attained the age of majority under state law, the child must be given at no cost 82.35a copy of the child's health new text begin social and medical history, as defined in section 259.43, new text end and 82.36education report. 83.1    Sec. 39. Minnesota Statutes 2006, section 260C.212, is amended by adding a 83.2subdivision to read: 83.3     new text begin Subd. 4a. new text end new text begin Monthly caseworker visits with children in foster care. new text end new text begin (a) Every new text end 83.4 new text begin child in foster care or on a trial home visit shall be visited by the child's caseworker on new text end 83.5 new text begin a monthly basis, with the majority of visits occurring in the child's residence. For the new text end 83.6 new text begin purposes of this section, the following definitions apply: new text end 83.7     new text begin (1) "visit" is defined as a face-to-face contact between a child and the child's new text end 83.8 new text begin caseworker; new text end 83.9     new text begin (2) "visited on a monthly basis" is defined as at least one visit per calendar month; new text end 83.10     new text begin (3) "the child's caseworker" is defined as the person who has responsibility for new text end 83.11 new text begin managing the child's foster care placement case as assigned by the responsible social new text end 83.12 new text begin service agency; and new text end 83.13     new text begin (4) "the child's residence" is defined as the home where the child is residing, and new text end 83.14 new text begin can include the foster home, child care institution, or the home from which the child was new text end 83.15 new text begin removed if the child is on a trial home visit. new text end 83.16     new text begin (b) Caseworker visits shall be of sufficient substance and duration to address issues new text end 83.17 new text begin pertinent to case planning and service delivery to ensure the safety, permanency, and new text end 83.18 new text begin well-being of the child. new text end 83.19    Sec. 40. Minnesota Statutes 2006, section 260C.212, subdivision 7, is amended to read: 83.20    Subd. 7. Administrative or court review of placements. (a) There shall be 83.21an administrative review of the out-of-home placement plan of each child placed in a 83.22residential facility new text begin foster care new text end no later than 180 days after the initial placement of the child 83.23in a residential facility new text begin foster care new text end and at least every six months thereafter if the child is not 83.24returned to the home of the parent or parents within that time. The out-of-home placement 83.25plan must be monitored and updated at each administrative review. new text begin The administrative new text end 83.26 new text begin review shall be conducted by the responsible social services agency using a panel of new text end 83.27 new text begin appropriate persons at least one of whom is not responsible for the case management of, new text end 83.28 new text begin or the delivery of services to, either the child or the parents who are the subject of the new text end 83.29 new text begin review. The administrative review shall be open to participation by the parent or guardian new text end 83.30 new text begin of the child and the child, as appropriate. new text end 83.31     new text begin (b) new text end As an alternative to the administrative review new text begin required in paragraph (a) new text end , the 83.32social services agency responsible for the placement may bring a petition as provided in 83.33section 260C.141, subdivision 2, to the court for review of the foster care to determine if 83.34placement is in the best interests of the child. This petition must be brought to the court in 83.35order for a court determination to be made regarding the best interests of the child within 84.1the applicable six months and is not in lieu of the requirements contained in subdivision 84.23 or 4. new text begin may, as part of any hearing required under the Minnesota Rules of Juvenile new text end 84.3 new text begin Protection Procedure, conduct a hearing to monitor and update the out-of-home placement new text end 84.4 new text begin plan pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph new text end 84.5 new text begin (d). The party requesting review of the out-of-home placement plan shall give parties to new text end 84.6 new text begin the proceeding notice of the request to review and update the out-of-home placement new text end 84.7 new text begin plan. new text end A court review conducted pursuant to section new text begin 260C.193; new text end 260C.201, subdivision 84.8 new text begin 1 or new text end 11 , or section new text begin ; new text end 260C.141, subdivision 2, new text begin or 2a, clause (2); or 260C.317 new text end shall satisfy 84.9the requirement for an administrative new text begin the new text end review so long as the other requirements of 84.10this section are met. 84.11    (b) new text begin (c) new text end At the review required under paragraph (a), the reviewing administrative body 84.12 new text begin As appropriate to the stage of the proceedings and relevant court orders, the responsible new text end 84.13 new text begin social services agency new text end or the court shall review: 84.14    (1) the safety new text begin , permanency needs, and well-being new text end of the child; 84.15    (2) the continuing necessity for and appropriateness of the placement; 84.16    (3) the extent of compliance with the out-of-home placement plan; 84.17    (4) where appropriate, the extent of progress which has been made toward alleviating 84.18or mitigating the causes necessitating placement in a residential facility new text begin foster care new text end ; 84.19    (5) where appropriate, the projected date by which the child may be returned to and 84.20safely maintained in the home or placed permanently away from the care of the parent or 84.21parents or guardian; and 84.22    (6) the appropriateness of the services provided to the child. 84.23     new text begin (d) When a child is age 16 or older, in addition to any administrative review new text end 84.24 new text begin conducted by the agency, at the review required under section 260C.201, subdivision 11, new text end 84.25 new text begin paragraph (d), clause (3), item (iii); or 260C.317, subdivision 3, clause (3), the court shall new text end 84.26 new text begin review the independent living plan required under subdivision 1, paragraph (c), clause new text end 84.27 new text begin (8), and the provision of services to the child related to the well-being of the child as the new text end 84.28 new text begin child prepares to leave foster care. The review shall include the actual plans related to new text end 84.29 new text begin each item in the plan necessary to the child's future safety and well-being when the child is new text end 84.30 new text begin no longer in foster care. new text end 84.31     new text begin (1) At the court review, the responsible social services agency shall establish that it new text end 84.32 new text begin has given the notice required under Minnesota Rules, part 9560.0060, regarding the right new text end 84.33 new text begin to continued access to services for certain children in foster care past age 18 and of the new text end 84.34 new text begin right to appeal a denial of social services under section 256.245. If the agency is unable new text end 84.35 new text begin to establish that the notice, including the right to appeal a denial of social services, has new text end 84.36 new text begin been given, the court shall require the agency to give it. new text end 85.1     new text begin (2) The court shall make findings regarding progress toward or accomplishment of new text end 85.2 new text begin the following goals: new text end 85.3     new text begin (i) the child has obtained a high school diploma or its equivalent; new text end 85.4     new text begin (ii) the child has completed a driver's education course or has demonstrated the new text end 85.5 new text begin ability to use public transportation in the child's community; new text end 85.6     new text begin (iii) the child is employed or enrolled in postsecondary education; new text end 85.7     new text begin (iv) the child has applied for and obtained postsecondary education financial aid for new text end 85.8 new text begin which the child is eligible; new text end 85.9     new text begin (v) the child has health care coverage and health care providers to meet the child's new text end 85.10 new text begin physical and mental health needs; new text end 85.11     new text begin (vi) the child has applied for and obtained disability income assistance for which new text end 85.12 new text begin the child is eligible; new text end 85.13     new text begin (vii) the child has obtained affordable housing with necessary supports, which does new text end 85.14 new text begin not include a homeless shelter; new text end 85.15     new text begin (viii) the child has saved sufficient funds to pay for the first month's rent and a new text end 85.16 new text begin damage deposit; new text end 85.17     new text begin (ix) the child has an alternative affordable housing plan, which does not include a new text end 85.18 new text begin homeless shelter, if the original housing plan is unworkable; new text end 85.19     new text begin (x) the child, if male, has registered for the Selective Service; and new text end 85.20     new text begin (xi) the child has a permanent connection to a caring adult. new text end 85.21     new text begin (3) The court shall ensure that the responsible agency in conjunction with the new text end 85.22 new text begin placement provider assists the child in obtaining the following documents prior to the new text end 85.23 new text begin child's leaving foster care: a Social Security card; the child's birth certificate; a state new text end 85.24 new text begin identification card or driver's license, green card, or school visa; the child's school, new text end 85.25 new text begin medical, and dental records; a contact list of the child's medical, dental, and mental health new text end 85.26 new text begin providers; and contact information for the child's siblings, if the siblings are in foster care. new text end 85.27    Sec. 41. Minnesota Statutes 2006, section 260C.212, subdivision 8, is amended to read: 85.28    Subd. 8. Review of Voluntary placements new text begin foster care; required court review new text end . 85.29    Except for a child in placement due solely to the child's developmental disability or 85.30emotional disturbance, if new text begin When the responsible social services agency and the child's new text end 85.31 new text begin parent or guardian agree that the child's safety, health, and best interests require that the new text end 85.32 new text begin child be in foster care, the agency and the parent or guardian may enter into a voluntary new text end 85.33 new text begin agreement for the placement of the child in foster care. The voluntary agreement must be new text end 85.34 new text begin in writing and in a form approved by the commissioner. When new text end the child has been placed in 85.35a residential facility new text begin foster care new text end pursuant to a voluntary release by new text begin foster care agreement new text end 86.1 new text begin between the agency and new text end the parent or parents, new text begin under this subdivision new text end and new text begin the child new text end is not 86.2returned home within 90 days after initial placement in the residential facility new text begin foster care new text end , 86.3the social services agency responsible for the new text begin child's new text end placement new text begin in foster care new text end shall: 86.4    (1) return the child to the home of the parent or parents; or 86.5    (2) file a petition according to section 260C.141, subdivision 1 or 2, which may: 86.6    (i) ask the court to review the new text begin child's new text end placement new text begin in foster care new text end and approve it new text begin as new text end 86.7 new text begin continued voluntary foster care new text end for up to an additional 90 days; 86.8    (ii) ask the court to order continued out-of-home placement new text begin foster care new text end according to 86.9sections 260C.178 and 260C.201; or 86.10    (iii) ask the court to terminate parental rights under section 260C.301. 86.11    The out-of-home placement plan must be updated and filed along with the petition. 86.12    If the court approves continued out-of-home placement new text begin continuing the child in foster new text end 86.13 new text begin care new text end for up to 90 more days new text begin on a voluntary basis new text end , at the end of the court-approved 90-day 86.14period, the child must be returned to the parent's home. If the child is not returned home, 86.15the responsible social services agency must proceed on the petition filed alleging the child 86.16in need of protection or services or the petition for termination of parental rights or other 86.17permanent placement of the child away from the parent. The court must find a statutory 86.18basis to order the placement of the child under section 260C.178; 260C.201; or 260C.317. 86.19    Sec. 42. Minnesota Statutes 2006, section 260C.325, subdivision 1, is amended to read: 86.20    Subdivision 1. Transfer of custody. new text begin (a) new text end If the court terminates parental rights of 86.21both parents or of the only known living parent, the court shall order the guardianship and 86.22the legal custody of the child transferred to: 86.23    (a) new text begin (1) new text end the commissioner of human services; or 86.24    (b) new text begin (2) new text end a licensed child-placing agency; or 86.25    (c) new text begin (3) new text end an individual who is willing and capable of assuming the appropriate duties 86.26and responsibilities to the child. 86.27     new text begin (b) The court shall order transfer of guardianship and legal custody of a child to new text end 86.28 new text begin the commissioner of human services only when the responsible county social services new text end 86.29 new text begin agency had legal responsibility for planning for the permanent placement of the child and new text end 86.30 new text begin the child was in foster care under the legal responsibility of the responsible county social new text end 86.31 new text begin services agency at the time the court orders guardianship and legal custody transferred to new text end 86.32 new text begin the commissioner. new text end 86.33    Sec. 43. Minnesota Statutes 2006, section 260C.325, subdivision 3, is amended to read: 87.1    Subd. 3. Both parents deceased. new text begin (a) new text end If upon petition to the juvenile court by a 87.2reputable person, including but not limited to an agent of the commissioner of human 87.3services, and upon hearing in the manner provided in section 260C.163, the court finds 87.4that both parents new text begin or the only known legal parent new text end are new text begin or is new text end deceased and no appointment has 87.5been made or petition for appointment filed pursuant to sections 524.5-201 to 524.5-317, 87.6the court shall order the guardianship and legal custody of the child transferred to: 87.7    (a) new text begin (1) new text end the commissioner of human services; 87.8    (b) new text begin (2) new text end a licensed child-placing agency; or 87.9    (c) new text begin (3) new text end an individual who is willing and capable of assuming the appropriate duties 87.10and responsibilities to the child. 87.11     new text begin (b) The court shall order transfer of guardianship and legal custody of a child to the new text end 87.12 new text begin commissioner of human services only if there is no individual who is willing and capable new text end 87.13 new text begin of assuming the appropriate duties and responsibilities to the child. new text end 87.14    Sec. 44. new text begin [260D.001] CHILD IN VOLUNTARY FOSTER CARE FOR new text end 87.15 new text begin TREATMENT. new text end 87.16     new text begin (a) Sections 260D.001 to 260D.301, may be cited as the "child in voluntary foster new text end 87.17 new text begin care for treatment" provisions of the Juvenile Court Act. new text end 87.18     new text begin (b) The juvenile court has original and exclusive jurisdiction over a child in new text end 87.19 new text begin voluntary foster care for treatment upon the filing of a report or petition required under new text end 87.20 new text begin this chapter. All obligations of the agency to a child and family in foster care contained in new text end 87.21 new text begin chapter 260C not inconsistent with this chapter are also obligations of the agency with new text end 87.22 new text begin regard to a child in foster care for treatment under this chapter. new text end 87.23     new text begin (c) This chapter shall be construed consistently with the mission of the children's new text end 87.24 new text begin mental health service system as set out in section 245.487, subdivision 3, and the duties of new text end 87.25 new text begin an agency under section 256B.092, and Minnesota Rules, parts 9525.0004 to 9525.0016, new text end 87.26 new text begin to meet the needs of a child with a developmental disability or related condition. This new text end 87.27 new text begin chapter: new text end 87.28     new text begin (1) establishes voluntary foster care through a voluntary foster care agreement as the new text end 87.29 new text begin means for an agency and a parent to provide needed treatment when the child must be in new text end 87.30 new text begin foster care to receive necessary treatment for an emotional disturbance or developmental new text end 87.31 new text begin disability or related condition; new text end 87.32     new text begin (2) establishes court review requirements for a child in voluntary foster care for new text end 87.33 new text begin treatment due to emotional disturbance or developmental disability or a related condition; new text end 87.34     new text begin (3) establishes the ongoing responsibility of the parent as legal custodian to visit the new text end 87.35 new text begin child, to plan together with the agency for the child's treatment needs, to be available and new text end 88.1 new text begin accessible to the agency to make treatment decisions, and to obtain necessary medical, new text end 88.2 new text begin dental, and other care for the child; and new text end 88.3     new text begin (4) applies to voluntary foster care when the child's parent and the agency agree that new text end 88.4 new text begin the child's treatment needs require foster care either: new text end 88.5     new text begin (i) due to a level of care determination by the agency's screening team informed by new text end 88.6 new text begin the diagnostic and functional assessment under section 245.4885; or new text end 88.7     new text begin (ii) due to a determination regarding the level of services needed by the responsible new text end 88.8 new text begin social services' screening team under section 256B.092, and Minnesota Rules, parts new text end 88.9 new text begin 9525.0004 to 9525.0016. new text end 88.10     new text begin (d) This chapter does not apply when there is a current determination under section new text end 88.11 new text begin 626.556 that the child requires child protective services or when the child is in foster care new text end 88.12 new text begin for any reason other than treatment for the child's emotional disturbance or developmental new text end 88.13 new text begin disability or related condition. When there is a determination under section 626.556 that new text end 88.14 new text begin the child requires child protective services based on an assessment that there are safety new text end 88.15 new text begin and risk issues for the child that have not been mitigated through the parent's engagement new text end 88.16 new text begin in services or otherwise, or when the child is in foster care for any reason other than new text end 88.17 new text begin the child's emotional disturbance or developmental disability or related condition, the new text end 88.18 new text begin provisions of chapter 260C apply. new text end 88.19     new text begin (e) The paramount consideration in all proceedings concerning a child in voluntary new text end 88.20 new text begin foster care for treatment is the safety, health, and the best interests of the child. The new text end 88.21 new text begin purpose of this chapter is: new text end 88.22     new text begin (1) to ensure a child with a disability is provided the services necessary to treat or new text end 88.23 new text begin ameliorate the symptoms of the child's disability; new text end 88.24     new text begin (2) to preserve and strengthen the child's family ties whenever possible and in the new text end 88.25 new text begin child's best interests, approving the child's placement away from the child's parents only new text end 88.26 new text begin when the child's need for care or treatment requires it and the child cannot be maintained new text end 88.27 new text begin in the home of the parent; and new text end 88.28     new text begin (3) to ensure the child's parent retains legal custody of the child and associated new text end 88.29 new text begin decision-making authority unless the child's parent willfully fails or is unable to make new text end 88.30 new text begin decisions that meet the child's safety, health, and best interests. The court may not find new text end 88.31 new text begin that the parent willfully fails or is unable to make decisions that meet the child's needs new text end 88.32 new text begin solely because the parent disagrees with the agency's choice of foster care facility, unless new text end 88.33 new text begin the agency files a petition under chapter 260C, and establishes by clear and convincing new text end 88.34 new text begin evidence that the child is in need of protection or services. new text end 88.35     new text begin (f) The legal parent-child relationship shall be supported under this chapter by new text end 88.36 new text begin maintaining the parent's legal authority and responsibility for ongoing planning for the new text end 89.1 new text begin child and by the agency's assisting the parent, where necessary, to exercise the parent's new text end 89.2 new text begin ongoing right and obligation to visit or to have reasonable contact with the child. Ongoing new text end 89.3 new text begin planning means: new text end 89.4     new text begin (1) actively participating in the planning and provision of educational services, new text end 89.5 new text begin medical, and dental care for the child; new text end 89.6     new text begin (2) actively planning and participating with the agency and the foster care facility new text end 89.7 new text begin for the child's treatment needs; and new text end 89.8     new text begin (3) planning to meet the child's need for safety, stability, and permanency, and the new text end 89.9 new text begin child's need to stay connected to the child's family and community. new text end 89.10     new text begin (g) The provisions of section 260.012 to ensure placement prevention, family new text end 89.11 new text begin reunification, and all active and reasonable effort requirements of that section apply. This new text end 89.12 new text begin chapter shall be construed consistently with the requirements of the Indian Child Welfare new text end 89.13 new text begin Act of 1978, United States Code, title 25, section 1901, et. al., and the provisions of the new text end 89.14 new text begin Minnesota Indian Family Preservation Act, sections 260.751 to 260.835. new text end 89.15    Sec. 45. new text begin [260D.005] DEFINITIONS. new text end 89.16     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin The definitions in this section supplement the definitions new text end 89.17 new text begin in section 260C.007. The definitions in section 260C.007 apply to this chapter and have new text end 89.18 new text begin the same meaning for purposes of this chapter as for chapter 260C. new text end 89.19     new text begin Subd. 2. new text end new text begin Agency. new text end new text begin "Agency" means the responsible social services agency or new text end 89.20 new text begin a licensed child-placing agency. new text end 89.21     new text begin Subd. 3. new text end new text begin Case plan. new text end new text begin "Case plan" means any plan for the delivery of services new text end 89.22 new text begin to a child and parent, or when reunification is not required, the child alone, that is new text end 89.23 new text begin developed according to the requirements of sections 245.4871, subdivision 19 or 21; new text end 89.24 new text begin 245.492, subdivision 16; 256B.092; 260C.212, subdivision 1; 626.556, subdivision 10; new text end 89.25 new text begin and Minnesota Rules, parts 9525.0004 to 9525.0016. new text end 89.26     new text begin Subd. 4. new text end new text begin Child. new text end new text begin "Child" means an individual under 18 years of age. new text end 89.27     new text begin Subd. 5. new text end new text begin Child in voluntary foster care for treatment. new text end new text begin "Child in voluntary foster new text end 89.28 new text begin care for treatment" means a child who is emotionally disturbed or developmentally new text end 89.29 new text begin disabled or has a related condition and is in foster care under a voluntary foster care new text end 89.30 new text begin agreement between the child's parent and the agency due to concurrence between the new text end 89.31 new text begin agency and the parent that the child's level of care requires placement in foster care either: new text end 89.32     new text begin (1) due to a determination by the agency's screening team based on its review of the new text end 89.33 new text begin diagnostic and functional assessment under section 245.4885; or new text end 90.1     new text begin (2) due to a determination by the agency's screening team under section 256B.092 new text end 90.2 new text begin and Minnesota Rules, parts 9525.0004 to 9525.0016. new text end 90.3     new text begin A child is not in voluntary foster care for treatment under this chapter when there new text end 90.4 new text begin is a current determination under section 626.556 that the child requires child protective new text end 90.5 new text begin services or when the child is in foster care for any reason other than the child's emotional new text end 90.6 new text begin or developmental disability or related condition. new text end 90.7     new text begin Subd. 6. new text end new text begin Compelling reasons. new text end new text begin "Compelling reasons" has the same meaning given new text end 90.8 new text begin in section 260C.007, subdivision 8. The agency may determine compelling reasons when new text end 90.9 new text begin the child is in foster care for treatment and no grounds to terminate parental rights exist new text end 90.10 new text begin because the child must be in placement to access treatment, the child's individual treatment new text end 90.11 new text begin needs cannot be met in the childs' home or through community-based care, and the parent new text end 90.12 new text begin continues to be responsible for planning together with the agency for the child's needs and new text end 90.13 new text begin maintains appropriate contact with the child. new text end 90.14     new text begin Subd. 7. new text end new text begin Court. new text end new text begin "Court" means juvenile court unless otherwise specified in this new text end 90.15 new text begin section. new text end 90.16     new text begin Subd. 8. new text end new text begin Development disability. new text end new text begin "Developmental disability" means developmental new text end 90.17 new text begin disability as defined in United States Code, title 42, section 6001(8). new text end 90.18     new text begin Subd. 9. new text end new text begin Emotionally disturbed or emotional disturbance. new text end new text begin "Emotionally new text end 90.19 new text begin disturbed" or "emotional disturbance" means emotional disturbance as described in new text end 90.20 new text begin section 245.4871, subdivision 15. new text end 90.21     new text begin Subd. 10. new text end new text begin Foster care. new text end new text begin "Foster care" means 24-hour substitute care for children new text end 90.22 new text begin placed away from their parents and for whom an agency has placement and care new text end 90.23 new text begin responsibility. Foster care includes, but is not limited to, placement in foster family homes, new text end 90.24 new text begin foster homes of relatives, group homes, emergency shelters, residential facilities not new text end 90.25 new text begin excluded in this subdivision, child care institutions, and preadoptive homes. A child is in new text end 90.26 new text begin foster care under this definition, regardless of whether the facility is licensed and payments new text end 90.27 new text begin are made for the cost of care. Nothing in this definition creates any authority to place a new text end 90.28 new text begin child in a home or facility that is required to be licensed that is not licensed. Foster care new text end 90.29 new text begin does not include placement in any of the following facilities: hospitals, inpatient chemical new text end 90.30 new text begin dependency treatment facilities, facilities that are primarily for delinquent children, new text end 90.31 new text begin any corrections facility or program within a particular corrections facility not meeting new text end 90.32 new text begin requirements for Title IV-E facilities as determined by the commissioner, facilities to new text end 90.33 new text begin which a child is committed under the provision of chapter 253B, forestry camps, or jails. new text end 90.34     new text begin Subd. 11. new text end new text begin Legal authority to place the child. new text end new text begin "Legal authority to place the child" new text end 90.35 new text begin means the agency has legal responsibility for the care and control of the child while the new text end 91.1 new text begin child is in foster care. The agency may acquire legal authority to place a child through new text end 91.2 new text begin a voluntary placement agreement between the agency and the child's parent under this new text end 91.3 new text begin chapter. Legal authority to place the child does not mean the agency has authority to make new text end 91.4 new text begin major life decisions regarding the child, including major medical decisions. A parent with new text end 91.5 new text begin legal custody of the child continues to have legal authority to make major life decisions new text end 91.6 new text begin regarding the child, including major medical decisions. new text end 91.7     new text begin Subd. 12. new text end new text begin Minor. new text end new text begin "Minor" means an individual under 18 years of age. new text end 91.8     new text begin Subd. 13. new text end new text begin Parent. new text end new text begin "Parent" means the birth or adoptive parent of a minor. Parent new text end 91.9 new text begin also means the child's legal guardian or any individual who has legal authority to new text end 91.10 new text begin make decisions and plans for the child. For an Indian child, parent includes any Indian new text end 91.11 new text begin person who has adopted a child by tribal law or custom, as provided in section 260.755, new text end 91.12 new text begin subdivision 14. new text end 91.13     new text begin Subd. 14. new text end new text begin Reasonable efforts to finalize a permanent plan for the child. new text end 91.14     new text begin "Reasonable efforts to finalize a permanent plan for the child" has the same meaning under new text end 91.15 new text begin this chapter as provided in section 260.012, paragraph (e). new text end 91.16    Sec. 46. new text begin [260D.101] VOLUNTARY FOSTER CARE. new text end 91.17     new text begin Subdivision 1. new text end new text begin Voluntary foster care. new text end new text begin When the agency's screening team, based new text end 91.18 new text begin upon the diagnostic and functional assessment under section 245.4885 or 256B.092, new text end 91.19 new text begin subdivision 7, determines the child's need for treatment due to emotional disturbance or new text end 91.20 new text begin developmental disability or related condition requires foster care placement of the child, new text end 91.21 new text begin a voluntary foster care agreement between the child's parent and the agency gives the new text end 91.22 new text begin agency legal authority to place the child in foster care. new text end 91.23     new text begin Subd. 2. new text end new text begin Voluntary foster care agreement. new text end new text begin A voluntary foster care agreement new text end 91.24 new text begin shall be used to provide the agency the legal authority to place a child in foster care for new text end 91.25 new text begin treatment due to the child's disability. The agreement must be in writing and signed by new text end 91.26 new text begin both the child's parent and the agency. The agreement must be in a form approved by the new text end 91.27 new text begin commissioner of human services, and shall contain notice to parents of the consequences new text end 91.28 new text begin to the parent and to the child of being in voluntary foster care. new text end 91.29    Sec. 47. new text begin [260D.102] REQUIRED INFORMATION FOR A CHILD IN new text end 91.30 new text begin VOLUNTARY FOSTER CARE FOR TREATMENT. new text end 91.31     new text begin An agency with authority to place a child in voluntary foster care for treatment due new text end 91.32 new text begin to emotional disturbance or developmental disability or related condition, shall inform the new text end 91.33 new text begin child, age 12 or older, of the following: new text end 92.1     new text begin (1) the child has the right to be consulted in the preparation of the out-of-home new text end 92.2 new text begin placement plan required under section 260C.212, subdivision 1, and the administrative new text end 92.3 new text begin review required under section 260C.212, subdivision 7; new text end 92.4     new text begin (2) the child has the right to visit the parent and the right to visit the child's siblings new text end 92.5 new text begin as determined safe and appropriate by the parent and the agency; new text end 92.6     new text begin (3) if the child disagrees with the foster care facility or services provided under new text end 92.7 new text begin the out-of-home placement plan required under section 260C.212, subdivision 1, the new text end 92.8 new text begin agency shall include information about the nature of the child's disagreement and, to the new text end 92.9 new text begin extent possible, the agency's understanding of the basis of the child's disagreement in the new text end 92.10 new text begin information provided to the court in the report required under section 260D.105; and new text end 92.11     new text begin (4) the child has the rights established under Minnesota Rules, part 2960.0050, as a new text end 92.12 new text begin resident of a facility licensed by the state. new text end 92.13    Sec. 48. new text begin [260D.103] ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY new text end 92.14 new text begin FOSTER CARE FOR TREATMENT. new text end 92.15     new text begin The administrative reviews required under section 260C.212, subdivision 7, must new text end 92.16 new text begin be conducted for a child in voluntary foster care for treatment, except that the initial new text end 92.17 new text begin administrative review must take place prior to the submission of the report to the court new text end 92.18 new text begin required under section 260D.105, subdivision 2. new text end 92.19    Sec. 49. new text begin [260D.105] AGENCY REPORT TO THE COURT AND COURT new text end 92.20 new text begin REVIEW OF CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT DUE new text end 92.21 new text begin TO DISABILITY. new text end 92.22     new text begin Subdivision 1. new text end new text begin Judicial review. new text end new text begin In the case of a child in voluntary foster care for new text end 92.23 new text begin treatment due to disability under section 260D.101, the agency shall obtain judicial review new text end 92.24 new text begin of the child's voluntary foster care placement within 165 days of the placement. new text end 92.25     new text begin Subd. 2. new text end new text begin Agency report to court; court review. new text end new text begin The agency shall obtain judicial new text end 92.26 new text begin review by reporting to the court according to the following procedures: new text end 92.27     new text begin (a) A written report shall be forwarded to the court within 165 days of the date of the new text end 92.28 new text begin voluntary placement agreement. The written report shall contain or have attached: new text end 92.29     new text begin (1) a statement of facts that necessitate the child's foster care placement; new text end 92.30     new text begin (2) the child's name, date of birth, race, gender, and current address; new text end 92.31     new text begin (3) the names, race, date of birth, residence, and post office addresses of the child's new text end 92.32 new text begin parents or legal custodian; new text end 93.1     new text begin (4) a statement regarding the child's eligibility for membership or enrollment in an new text end 93.2 new text begin Indian tribe and the agency's compliance with applicable provisions of sections 260.751 to new text end 93.3 new text begin 260.835; new text end 93.4     new text begin (5) the names and addresses of the foster parents or chief administrator of the facility new text end 93.5 new text begin in which the child is placed, if the child is not in a family foster home or group home; new text end 93.6     new text begin (6) a copy of the out-of-home placement plan required under section 260C.212, new text end 93.7 new text begin subdivision 1; new text end 93.8     new text begin (7) a written summary of the proceedings of any administrative review required new text end 93.9 new text begin under section 260C.212, subdivision 7; and new text end 93.10     new text begin (8) any other information the agency, parent or legal custodian, the child or the foster new text end 93.11 new text begin parent, or other residential facility wants the court to consider. new text end 93.12     new text begin (b) In the case of a child in placement due to emotional disturbance, the written new text end 93.13 new text begin report shall include as an attachment, the child's individual treatment plan developed by new text end 93.14 new text begin the child's treatment professional, as provided in section 245.4871, subdivision 21, or new text end 93.15 new text begin the child's individual interagency intervention plan, as provided in section 125A.023, new text end 93.16 new text begin subdivision 3, paragraph (c). new text end 93.17     new text begin (c) In the case of a child in placement due to developmental disability or a related new text end 93.18 new text begin condition, the written report shall include as an attachment, the child's individual service new text end 93.19 new text begin plan, as provided in section 256B.092, subdivision 1b; the child's individual program new text end 93.20 new text begin plan, as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver new text end 93.21 new text begin care plan; or the child's individual interagency intervention plan, as provided in section new text end 93.22 new text begin 125A.023, subdivision 3, paragraph (c). new text end 93.23     new text begin (d) The agency must inform the child, age 12 or older, the child's parent, and the new text end 93.24 new text begin foster parent or foster care facility of the reporting and court review requirements of this new text end 93.25 new text begin section and of their right to submit information to the court: new text end 93.26     new text begin (1) if the child or the child's parent or the foster care provider wants to send new text end 93.27 new text begin information to the court, the agency shall advise those persons of the reporting date and the new text end 93.28 new text begin date by which the agency must receive the information they want forwarded to the court so new text end 93.29 new text begin the agency is timely able submit it with the agency's report required under this subdivision; new text end 93.30     new text begin (2) the agency must also inform the child, age 12 or older, the child's parent, and new text end 93.31 new text begin the foster care facility that they have the right to be heard in person by the court and new text end 93.32 new text begin how to exercise that right; new text end 93.33     new text begin (3) the agency must also inform the child, age 12 or older, the child's parent, and new text end 93.34 new text begin the foster care provider that an in-court hearing will be held if requested by the child, new text end 93.35 new text begin the parent, or the foster care provider; and new text end 94.1     new text begin (4) if, at the time required for the report under this section, a child, age 12 or older, new text end 94.2 new text begin disagrees about the foster care facility or services provided under the out-of-home new text end 94.3 new text begin placement plan required under section 260C.212, subdivision 1, the agency shall include new text end 94.4 new text begin information regarding the child's disagreement, and to the extent possible, the basis for the new text end 94.5 new text begin child's disagreement in the report required under this section. new text end 94.6     new text begin (e) After receiving the required report, the court has jurisdiction to make the new text end 94.7 new text begin following determinations and must do so within ten days of receiving the forwarded new text end 94.8 new text begin report, whether a hearing is requested: new text end 94.9     new text begin (1) whether the voluntary foster care arrangement is in the child's best interests; new text end 94.10     new text begin (2) whether the parent and agency are appropriately planning for the child; and new text end 94.11     new text begin (3) in the case of a child age 12 or older, who disagrees with the foster care facility new text end 94.12 new text begin or services provided under the out-of-home placement plan, whether it is appropriate to new text end 94.13 new text begin appoint counsel and a guardian ad litem for the child using standards and procedures new text end 94.14 new text begin under section 260C.163. new text end 94.15     new text begin (f) Unless requested by a parent, representative of the foster care facility, or the new text end 94.16 new text begin child, no in-court hearing is required in order for the court to make findings and issue an new text end 94.17 new text begin order as required in paragraph (e). new text end 94.18     new text begin (g) If the court finds the voluntary foster care arrangement is in the child's best new text end 94.19 new text begin interests and that the agency and parent are appropriately planning for the child, the new text end 94.20 new text begin court shall issue an order containing explicit, individualized findings to support its new text end 94.21 new text begin determination. The individualized findings shall be based on the agency's written report new text end 94.22 new text begin and other materials submitted to the court. The court may make this determination new text end 94.23 new text begin notwithstanding the child's disagreement, if any, reported under paragraph (d). new text end 94.24     new text begin (h) The court shall send a copy of the order to the county attorney, the agency, new text end 94.25 new text begin parent, child, age 12 or older, and the foster parent or foster care facility. new text end 94.26     new text begin (i) The court shall also send the parent, the child, age 12 or older, the foster parent, or new text end 94.27 new text begin representative of the foster care facility notice of the permanency review hearing required new text end 94.28 new text begin under section 260D.107, paragraph (e). new text end 94.29     new text begin (j) If the court finds continuing the voluntary foster care arrangement is not in the new text end 94.30 new text begin child's best interests or that the agency or the parent are not appropriately planning for the new text end 94.31 new text begin child, the court shall notify the agency, the parent, the foster parent or foster care facility, new text end 94.32 new text begin the child, age 12 or older, and the county attorney of the court's determinations and the new text end 94.33 new text begin basis for the court's determinations. In this case, the court shall set the matter for hearing new text end 94.34 new text begin and appoint a guardian ad litem for the child under section 260C.163, subdivision 5. new text end 94.35    Sec. 50. new text begin [260D.107] REQUIRED PERMANENCY REVIEW HEARING. new text end 95.1     new text begin (a) When the court has found that the voluntary arrangement is in the child's best new text end 95.2 new text begin interests and that the agency and parent are appropriately planning for the child pursuant new text end 95.3 new text begin to the report submitted under section 260D.105, and the child continues in voluntary new text end 95.4 new text begin foster care as defined in section 260D.005, subdivision 10, for 13 months from the date new text end 95.5 new text begin of the voluntary foster care agreement, or has been in placement for 15 of the last 22 new text end 95.6 new text begin months, the agency must: new text end 95.7     new text begin (1) terminate the voluntary foster care agreement and return the child home; or new text end 95.8     new text begin (2) determine whether there are compelling reasons to continue the voluntary foster new text end 95.9 new text begin care arrangement and, if the agency determines there are compelling reasons, seek judicial new text end 95.10 new text begin approval of its determination; or new text end 95.11     new text begin (3) file a petition for the termination of parental rights. new text end 95.12     new text begin (b) When the agency is asking for the court's approval of its determination that there new text end 95.13 new text begin are compelling reasons to continue the child in the voluntary foster care arrangement, the new text end 95.14 new text begin agency shall file a "Petition for Permanency Review Regarding a Child in Voluntary new text end 95.15 new text begin Foster Care for Treatment" and ask the court to proceed under this section. new text end 95.16     new text begin (c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster new text end 95.17 new text begin Care for Treatment" shall be drafted or approved by the county attorney and be under new text end 95.18 new text begin oath. The petition shall include: new text end 95.19     new text begin (1) the date of the voluntary placement agreement; new text end 95.20     new text begin (2) whether the petition is due to the child's developmental disability or emotional new text end 95.21 new text begin disturbance; new text end 95.22     new text begin (3) the plan for the ongoing care of the child and the parent's participation in the plan; new text end 95.23     new text begin (4) a description of the parent's visitation and contact with the child; new text end 95.24     new text begin (5) the date of the court finding that the foster care placement was in the best new text end 95.25 new text begin interests of the child, if required under section 260D.105, or the date the agency filed the new text end 95.26 new text begin motion under section 260D.201, paragraph (b); new text end 95.27     new text begin (6) the agency's reasonable efforts to finalize the permanent plan for the child, new text end 95.28 new text begin including returning the child to the care of the child's family; and new text end 95.29     new text begin (7) a citation to this chapter as the basis for the petition. new text end 95.30     new text begin (d) An updated copy of the out-of-home placement plan required under section new text end 95.31 new text begin 260C.212, subdivision 1, shall be filed with the petition. new text end 95.32     new text begin (e) The court shall set the date for the permanency review hearing no later than 14 new text end 95.33 new text begin months after the child has been in placement or within 30 days of the petition filing date new text end 95.34 new text begin when the child has been in placement 15 of the last 22 months. The court shall serve the new text end 95.35 new text begin petition together with a notice of hearing by United States mail on the parent, the child new text end 96.1 new text begin age 12 or older, the child's guardian ad litem, if one has been appointed, the agency, the new text end 96.2 new text begin county attorney, and counsel for any party. new text end 96.3     new text begin (f) The court shall conduct the permanency review hearing on the petition no later new text end 96.4 new text begin than 14 months after the date of the voluntary placement agreement, within 30 days of the new text end 96.5 new text begin filing of the petition when the child has been in placement 15 days of the last 22 months, new text end 96.6 new text begin or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster new text end 96.7 new text begin care under chapter 260C, as provided in section 260D.201, paragraph (b). new text end 96.8     new text begin (g) At the permanency review hearing, the court shall: new text end 96.9     new text begin (1) inquire of the parent if the parent has reviewed the "Petition for Permanency new text end 96.10 new text begin Review Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is new text end 96.11 new text begin accurate, and whether the parent agrees to the continued voluntary foster care arrangement new text end 96.12 new text begin as being in the child's best interests; new text end 96.13     new text begin (2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts new text end 96.14 new text begin to finalize the permanent plan for the child, including whether there are services available new text end 96.15 new text begin and accessible to the parent that might allow the child to safely be with the child's family; new text end 96.16     new text begin (3) inquire of the parent if the parent consents to the court entering an order that: new text end 96.17     new text begin (i) approves the responsible agency's reasonable efforts to finalize the permanent new text end 96.18 new text begin plan for the child, which includes ongoing future planning for the safety, health, and best new text end 96.19 new text begin interests of the child; and new text end 96.20     new text begin (ii) approves the responsible agency's determination that there are compelling reasons new text end 96.21 new text begin why the continued voluntary foster care arrangement is in the child's best interests; and new text end 96.22     new text begin (4) inquire of the child's guardian ad litem and any other party whether the guardian new text end 96.23 new text begin or the party agrees that: new text end 96.24     new text begin (i) the court should approve the responsible agency's reasonable efforts to finalize new text end 96.25 new text begin the permanent plan for the child, which includes ongoing and future planning for the new text end 96.26 new text begin safety, health, and best interests of the child; and new text end 96.27     new text begin (ii) the court should approve of the responsible agency's determination that there new text end 96.28 new text begin are compelling reasons why the continued voluntary foster care arrangement is in the new text end 96.29 new text begin child's best interests. new text end 96.30     new text begin (h) At a permanency review hearing under this section, the court may take the new text end 96.31 new text begin following actions based on the contents of the sworn petition and the consent of the parent: new text end 96.32     new text begin (1) approve the agency's compelling reasons that the voluntary foster care new text end 96.33 new text begin arrangement is in the best interests of the child; and new text end 96.34     new text begin (2) find that the agency has made reasonable efforts to finalize a plan for the new text end 96.35 new text begin permanent plan for the child. new text end 97.1     new text begin (i) A child, age 12 or older, may object to the agency's request that the court approve new text end 97.2 new text begin its compelling reasons for the continued voluntary arrangement and may be heard on the new text end 97.3 new text begin reasons for the objection. Notwithstanding the child's objection, the court may approve new text end 97.4 new text begin the agency's compelling reasons and the voluntary arrangement. new text end 97.5     new text begin (j) If the court does not approve the voluntary arrangement after hearing from the new text end 97.6 new text begin child or the child's guardian ad litem, the court shall dismiss the petition. In this case, new text end 97.7 new text begin either: new text end 97.8     new text begin (1) the child must be returned to the care of the parent; or new text end 97.9     new text begin (2) the agency must file a petition under section 260C.141, asking for appropriate new text end 97.10 new text begin relief under section 260C.201, subdivision 11, or 260C.301. new text end 97.11     new text begin (k) When the court approves the agency's compelling reasons for the child to new text end 97.12 new text begin continue in voluntary foster care for treatment, and finds that the agency has made new text end 97.13 new text begin reasonable efforts to finalize a permanent plan for the child, the court shall approve the new text end 97.14 new text begin continued voluntary foster care arrangement, and continue the matter under the court's new text end 97.15 new text begin jurisdiction for the purposes of reviewing the child's placement every 12 months while new text end 97.16 new text begin the child is in foster care. new text end 97.17     new text begin (l) A finding that the court approves the continued voluntary placement means new text end 97.18 new text begin the agency has continued legal authority to place the child while a voluntary placement new text end 97.19 new text begin agreement remains in effect. The parent or the agency may terminate a voluntary new text end 97.20 new text begin agreement as provided in section 260D.301. Termination of a voluntary foster care new text end 97.21 new text begin placement of an Indian child is governed by section 260.765, subdivision 4. new text end 97.22    Sec. 51. new text begin [260D.109] ANNUAL REVIEW. new text end 97.23     new text begin (a) After the court conducts a permanency review hearing under section 260D.107, new text end 97.24 new text begin the matter must be returned to the court for further review of the child's foster care new text end 97.25 new text begin placement at least every 12 months while the child is in foster care. The court shall give new text end 97.26 new text begin notice to the parent and child, age 12 or older, and the foster parents of the continued new text end 97.27 new text begin review requirements under this section at the permanency review hearing. new text end 97.28     new text begin (b) Every 12 months, the court shall determine whether the agency made reasonable new text end 97.29 new text begin efforts to finalize the permanency plan for the child, which means the exercise of due new text end 97.30 new text begin diligence by the agency to: new text end 97.31     new text begin (1) ensure that the agreement for voluntary foster care is the most appropriate legal new text end 97.32 new text begin arrangement to meet the child's safety, health, and best interests; new text end 97.33     new text begin (2) engage and support the parent in continued involvement in planning and decision new text end 97.34 new text begin making for the needs of the child; new text end 97.35     new text begin (3) strengthen the child's ties to the parent, relatives, and community; new text end 98.1     new text begin (4) implement the out-of-home placement plan required under section 260C.212, new text end 98.2 new text begin subdivision 1, and ensure that the plan requires the provision of appropriate services to new text end 98.3 new text begin address the physical health, mental health, and educational needs of the child; and new text end 98.4     new text begin (5) ensure appropriate planning for the child's safe, permanent, and independent new text end 98.5 new text begin living arrangement after the child's 18th birthday. new text end 98.6    Sec. 52. new text begin [260D.201] PERMANENCY REVIEW AFTER ADJUDICATION new text end 98.7 new text begin UNDER CHAPTER 260C. new text end 98.8     new text begin (a) If a child has been ordered into foster care under section 260C.178 or 260C.201, new text end 98.9 new text begin subdivision 1, and the conditions that led to the court's order have been corrected so new text end 98.10 new text begin that the child could safely return home except for the child's need to continue in foster new text end 98.11 new text begin care for treatment due to the child's disability, the child's parent and the agency may new text end 98.12 new text begin enter into a voluntary foster care agreement under this chapter using the procedure set new text end 98.13 new text begin out in paragraph (b). new text end 98.14     new text begin (b) When the agency and the parent agree to enter into a voluntary foster care new text end 98.15 new text begin agreement under this chapter, the agency must file a motion to terminate jurisdiction new text end 98.16 new text begin under section 260C.193, subdivision 6, and to dismiss the order for foster care under new text end 98.17 new text begin section 260C.178 or 260C.201, subdivision 1, together with the petition required under new text end 98.18 new text begin section 260D.107, paragraph (b), for permanency review and the court's approval of the new text end 98.19 new text begin voluntary arrangement. new text end 98.20     new text begin (c) The court shall send the motion and the petition filed under subdivision 2 together new text end 98.21 new text begin with a notice of hearing by mail as required in section 260D.107, paragraph (e). new text end 98.22     new text begin (d) The petition and motion under this section must be filed no later than the time new text end 98.23 new text begin the agency is required to file a petition for permanent placement under section 260C.201, new text end 98.24 new text begin subdivision 11, but may be filed as soon as the agency and the parent agree that the child new text end 98.25 new text begin should remain in foster care under a voluntary foster care agreement, because the child new text end 98.26 new text begin needs treatment and voluntary foster care is in the child's best interest. new text end 98.27     new text begin (e) In order for the agency to have continuous legal authority to place the child, the new text end 98.28 new text begin parent and the agency must execute a voluntary foster care agreement for the child's new text end 98.29 new text begin continuation in foster care for treatment prior to the termination of the order for foster care new text end 98.30 new text begin under section 260C.178 or 260C.201, subdivision 1. The parent and agency may execute new text end 98.31 new text begin the voluntary foster care agreement at or before the permanency review hearing required new text end 98.32 new text begin under this section. The voluntary foster care agreement shall not be effective until the new text end 98.33 new text begin court terminates jurisdiction under section 260C.193, subdivision 6, and dismisses the new text end 98.34 new text begin order for foster care under section 260C.178 or 260C.201, subdivision 1. Unless the new text end 98.35 new text begin agency and the parent execute a voluntary placement agreement for the child to continue new text end 99.1 new text begin in voluntary foster care for treatment, the agency shall not have legal authority to place the new text end 99.2 new text begin child after the court terminates jurisdiction under chapter 260C. new text end 99.3    Sec. 53. new text begin [260D.301] TERMINATION OF VOLUNTARY PLACEMENT new text end 99.4 new text begin AGREEMENT. new text end 99.5     new text begin (a) The child's parent may terminate a voluntary placement agreement under this new text end 99.6 new text begin chapter upon written notice to the agency of the termination of the agreement. The new text end 99.7 new text begin termination of a voluntary foster care agreement regarding an Indian child shall be new text end 99.8 new text begin governed by section 260.765, subdivision 4. new text end 99.9     new text begin (b) The agency may terminate a voluntary placement agreement under this section new text end 99.10 new text begin upon written notice of the termination of the agreement to the parent. Prior to sending new text end 99.11 new text begin notice of termination of the voluntary foster care placement agreement, the agency shall new text end 99.12 new text begin contact the parent regarding transition planning under paragraph (e). Written notice by new text end 99.13 new text begin the agency shall be considered received by the parent three business days after mailing new text end 99.14 new text begin by the agency. new text end 99.15     new text begin (c) Upon receipt of notice of the termination of the voluntary foster care agreement, new text end 99.16 new text begin the agency, the parent, and the facility may agree to a time that the child shall return home. new text end 99.17 new text begin The scheduled time to return home shall meet the child's need for safety and reasonable new text end 99.18 new text begin transition. Unless otherwise agreed by the parent and the agency, the child's return home new text end 99.19 new text begin shall not occur sooner than 72 hours and not later than 30 days after written notice of new text end 99.20 new text begin termination is received or sent by the agency. new text end 99.21     new text begin (d) A parent who disagrees with the termination of a voluntary foster care agreement new text end 99.22 new text begin by the agency under this chapter has the right to a fair hearing under section 256.045 to new text end 99.23 new text begin appeal the termination of the voluntary foster care agreement. When the agency gives new text end 99.24 new text begin written notice to the parent of the termination of the agreement, the agency must also give new text end 99.25 new text begin the parent notice of the parent's right to a fair hearing under section 256.045 to appeal the new text end 99.26 new text begin agency's decision to terminate the voluntary foster care agreement. new text end 99.27     new text begin (e) The agency and the child's parents shall engage in transition planning for the new text end 99.28 new text begin child's return home, including establishing a scheduled time for the child to return home, new text end 99.29 new text begin an increased visitation plan between the parent and child, and a plan for what services new text end 99.30 new text begin will be provided and in place upon the child's return home. new text end 99.31     new text begin (f) Notice of termination of voluntary foster care agreement does not terminate the new text end 99.32 new text begin agreement. The voluntary foster care agreement and the agency's legal authority to place new text end 99.33 new text begin the child are terminated by the child's return home or by court order. new text end 99.34    Sec. 54. Minnesota Statutes 2006, section 524.2-114, is amended to read: 100.1524.2-114 MEANING OF CHILD AND RELATED TERMS. 100.2    If, for purposes of intestate succession, a relationship of parent and child must be 100.3established to determine succession by, through, or from a person: 100.4    (1) An adopted person new text begin child new text end is the child of an adopting parent and not of the birth 100.5parents except that adoption of a child by the spouse of a birth parent has no effect on 100.6the relationship between the child and that birth parent. If a parent dies and a child is 100.7subsequently adopted by a stepparent who is the spouse of a surviving parent, any rights 100.8of inheritance of the child or the child's descendant from or through the deceased parent 100.9of the child which exist at the time of the death of that parent shall not be affected by 100.10the adoption. 100.11    (2) In cases not covered by clause (1), a person is the child of the person's parents 100.12regardless of the marital status of the parents and the parent and child relationship may be 100.13established under the Parentage Act, sections 257.51 to 257.74. 100.14    Sec. 55. Minnesota Statutes 2006, section 626.556, subdivision 7, is amended to read: 100.15    Subd. 7. Report. An oral report shall be made immediately by telephone or 100.16otherwise. An oral report made by a person required under subdivision 3 to report shall be 100.17followed within 72 hours, exclusive of weekends and holidays, by a report in writing to 100.18the appropriate police department, the county sheriff, the agency responsible for assessing 100.19or investigating the report, or the local welfare agency, unless the appropriate agency 100.20has informed the reporter that the oral information does not constitute a report under 100.21subdivision 10. new text begin The local welfare agency shall determine if the report is accepted for an new text end 100.22 new text begin assessment or investigation as soon as possible but in no event longer than 24 hours new text end 100.23 new text begin after the report is received. new text end Any report shall be of sufficient content to identify the child, 100.24any person believed to be responsible for the abuse or neglect of the child if the person 100.25is known, the nature and extent of the abuse or neglect and the name and address of the 100.26reporter. If requested, the local welfare agency or the agency responsible for assessing or 100.27investigating the report shall inform the reporter within ten days after the report is made, 100.28either orally or in writing, whether the report was accepted for assessment or investigation. 100.29Written reports received by a police department or the county sheriff shall be forwarded 100.30immediately to the local welfare agency or the agency responsible for assessing or 100.31investigating the report. The police department or the county sheriff may keep copies of 100.32reports received by them. Copies of written reports received by a local welfare department 100.33or the agency responsible for assessing or investigating the report shall be forwarded 100.34immediately to the local police department or the county sheriff. 101.1    A written copy of a report maintained by personnel of agencies, other than welfare 101.2or law enforcement agencies, which are subject to chapter 13 shall be confidential. An 101.3individual subject of the report may obtain access to the original report as provided by 101.4subdivision 11. 101.5    Sec. 56. Minnesota Statutes 2007 Supplement, section 626.556, subdivision 10a, 101.6is amended to read: 101.7    Subd. 10a. Law enforcement agency responsibility for investigation; welfare 101.8agency reliance on law enforcement fact-finding; welfare agency offer of services. 101.9    (a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a 101.10parent, guardian, sibling, person responsible for the child's care functioning within the 101.11family unit, or a person who lives in the child's household and who has a significant 101.12relationship to the child, in a setting other than a facility as defined in subdivision 2, the 101.13local welfare agency shall immediately notify the appropriate law enforcement agency, 101.14which shall conduct an investigation of the alleged abuse or neglect if a violation of a 101.15criminal statute is alleged. 101.16    (b) The local agency may rely on the fact-finding efforts of the law enforcement 101.17investigation conducted under this subdivision to make a determination whether or not 101.18threatened harm new text begin injury new text end or other maltreatment has occurred under subdivision 2 if an 101.19alleged offender has minor children or lives with minors. 101.20    (c) The local welfare agency shall offer appropriate social services for the purpose of 101.21safeguarding and enhancing the welfare of the abused or neglected minor. 101.22    Sec. 57. new text begin TARGETED CASE MANAGEMENT SERVICES FOR CHILDREN. new text end 101.23     new text begin The commissioner of human services shall seek an amendment to the state plan to new text end 101.24 new text begin provide targeted case management services to children with developmental disabilities new text end 101.25 new text begin who are in need of activities that coordinate and link social and other services designed new text end 101.26 new text begin to help children gain access to needed medical, social, educational, and other services new text end 101.27 new text begin under Minnesota Statutes, section 256B.092. new text end 101.28    Sec. 58. new text begin REVISOR'S INSTRUCTION. new text end 101.29     new text begin In each section of Minnesota Statutes referred to in column A, the revisor of statutes new text end 101.30 new text begin shall delete the reference in column B and insert the reference in column C. new text end 102.1 new text begin Column A new text end new text begin Column B new text end new text begin Column C new text end 102.2 new text begin 259.67 new text end new text begin 260.851, article 5 new text end new text begin 260.853, article 4 new text end 102.3 new text begin 256B.094 new text end new text begin 260.851 new text end new text begin 260.853 new text end 102.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective upon legislative enactment of the new text end 102.5 new text begin interstate compact in section 23 by no less than 35 states. new text end 102.6    Sec. 59. new text begin REPEALER. new text end 102.7 new text begin (a) new text end new text begin Minnesota Statutes 2006, section 260.851, new text end new text begin is repealed effective upon legislative new text end 102.8 new text begin enactment of the interstate compact in section 23 by no less than 35 states. The new text end 102.9 new text begin commissioner of human services shall inform the revisor of statutes when this occurs. new text end 102.10 new text begin (b) new text end new text begin Minnesota Statutes 2006, sections 260B.241; 260C.141, subdivision 2a; new text end 102.11 new text begin 260C.207; 260C.431; and 260C.435, new text end new text begin are repealed. new text end 102.12 new text begin (c) new text end new text begin Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 9, new text end new text begin is new text end 102.13 new text begin repealed. new text end 102.14 new text begin Minnesota Rules, parts 9560.0092; 9560.0093, subpart 2; and 9560.0609, new text end new text begin are new text end 102.15 new text begin repealed. new text end 102.16ARTICLE 7 102.17DATA PRIVACY 102.18    Section 1. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision 102.19to read: 102.20     new text begin Subd. 12. new text end new text begin Child care resource and referral programs. new text end new text begin This subdivision applies to new text end 102.21 new text begin data collected by child care resource and referral programs under section 119B.19. Data new text end 102.22 new text begin collected under section 119B.19 are not licensing data under subdivision 4. Data on new text end 102.23 new text begin unlicensed family child care providers are data on individuals governed by subdivision new text end 102.24 new text begin 2. In addition to the disclosures authorized by this section, the names and addresses of new text end 102.25 new text begin unlicensed family child care providers may be disclosed to the commissioner of education new text end 102.26 new text begin for purposes of promoting and evaluating school readiness. new text end 102.27    Sec. 2. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision to 102.28read: 102.29     new text begin Subd. 13. new text end new text begin Family, friend, and neighbor grant program. new text end new text begin This subdivision applies new text end 102.30 new text begin to data collected by family, friend, and neighbor (FFN) grantees under section 119B.232. new text end 102.31 new text begin Data collected under section 119B.232 are data on individuals governed by subdivision 2. new text end 102.32 new text begin The commissioner may disclose private data collected under this section to early childhood new text end 103.1 new text begin care and education experts at the University of Minnesota to evaluate the impact of the new text end 103.2 new text begin grants under subdivision 2 on children's school readiness and to evaluate the FFN grant new text end 103.3 new text begin program. The commissioner may disclose the names and addresses of FFN caregivers to new text end 103.4 new text begin the commissioner of education for purposes of promoting and evaluating school readiness. new text end 103.5    Sec. 3. Laws 2007, chapter 147, article 2, section 56, is amended to read: 103.6    Sec. 56. COMMISSIONER OF HUMAN SERVICES DUTIES; EARLY 103.7CHILDHOOD AND SCHOOL-AGE PROFESSIONAL DEVELOPMENT 103.8TRAINING. 103.9    Subdivision 1. Development and implementation of an early childhood and 103.10school-age professional development system. (a) The commissioner of human services, 103.11in cooperation with the commissioners of education and health, shall develop and phase-in 103.12the implementation of a professional development system for practitioners serving 103.13children in early childhood and school-age programs. The system shall provide training 103.14options and supports for practitioners to voluntarily choose, as they complete or exceed 103.15existing licensing requirements. 103.16    The system must, at a minimum, include the following features: 103.17    (1) a continuum of training content based on the early childhood and school-age 103.18care practitioner core competencies that translates knowledge into improved practice to 103.19support children's school success; 103.20    (2) training strategies that provide direct feedback about practice to practitioners 103.21through ongoing consultation, mentoring, or coaching with special emphasis on early 103.22literacy and early mathematics; 103.23    (3) an approval process for trainers; 103.24    (4) a professional development registry for early childhood and school-age care 103.25practitioners that will provide tracking and recognition of practitioner training/career 103.26development progress; 103.27    (5) a career lattice that includes a range of professional development and educational 103.28opportunities that provide appropriate coursework and degree pathways; 103.29    (6) development of a plan with public higher education institutions for an articulated 103.30system of education, training, and professional development that includes credit for prior 103.31learning and development of equivalences to two- and four-year degrees; 103.32    (7) incentives and supports for early childhood and school-age care practitioners 103.33to seek additional training and education, including TEACH, other scholarships, and 103.34career guidance; and 104.1    (8) coordinated and accessible delivery of training to early childhood and school-age 104.2care practitioners. 104.3    (b) By January 1, 2008, the commissioner, in consultation with the organizations 104.4named in subdivision 2 shall develop additional opportunities in order to qualify more 104.5licensed family child care providers under section 119B.13, subdivision 3a. 104.6    (c) The commissioner of human services must evaluate the professional development 104.7system and make continuous improvements. 104.8    (d) Beginning July 1, 2007, as appropriations permit, the commissioner shall 104.9phase-in the professional development system. 104.10    Subd. 2. Two-hour early childhood training. By January 15, 2008, the 104.11commissioner of human services, with input from the Minnesota Licensed Family Child 104.12Care Association and the Minnesota Professional Development Council, shall identify 104.13trainings that qualify for the two-hour early childhood development training requirement 104.14for new child care practitioners under Minnesota Statutes, section 245A.14, subdivision 104.159a , paragraphs (a) and (b). For licensed family child care, the commissioner shall also 104.16seek the input of labor unions that serve licensed family child care providers, if the union 104.17has been recognized by a county to serve licensed family child care providers. 104.18     new text begin Subd. 3. new text end new text begin Data classification for child care practitioner professional development new text end 104.19 new text begin system. new text end new text begin This subdivision applies to data collected under this section by the child care new text end 104.20 new text begin practitioner professional development system. Data collected under this section is welfare new text end 104.21 new text begin data under section 13.46 but is not licensing data under section 13.46, subdivision 4. new text end 104.22 new text begin Data on individuals who are licensed family child care providers are private data on new text end 104.23 new text begin individuals governed by section 13.46, subdivision 2. The commissioner may disclose new text end 104.24 new text begin nonpublic data collected under this section as described in section 13.46, subdivision 2. new text end 104.25 new text begin The commissioner also may disclose private and nonpublic data collected under this new text end 104.26 new text begin section to the following entities: new text end 104.27     new text begin (1) personnel of the welfare system who require the data for child care licensing new text end 104.28 new text begin purposes; new text end 104.29     new text begin (2) personnel of the welfare system who require the data to administer or evaluate new text end 104.30 new text begin the child care assistance program; new text end 104.31     new text begin (3) the commissioner of education for purposes of implementing, administering, and new text end 104.32 new text begin evaluating the child care practitioner professional development system; new text end 104.33     new text begin (4) the commissioner of health for purposes of implementing and administering new text end 104.34 new text begin this section; and new text end 104.35     new text begin (5) an individual's employer for purposes of tracking and verifying employee new text end 104.36 new text begin training, education, and expertise. new text end " 105.1Delete the title and insert: 105.2"A bill for an act 105.3relating to human services; changing provisions in the MFIP work participation 105.4program licensing and child care; making technical changes; changing child 105.5welfare provisions; establishing the Interstate Compact for the Placement of 105.6Children; changing provisions for child placement; establishing child in voluntary 105.7foster care for treatment; changing data privacy provisions;amending Minnesota 105.8Statutes 2006, sections 13.46, by adding subdivisions; 119B.011, subdivision 17; 105.9119B.03, subdivisions 1, 6; 119B.09, subdivisions 1, 9; 119B.125, by adding 105.10a subdivision; 119B.21, subdivision 10; 245C.24, subdivision 2; 256E.30, 105.11subdivision 1; 256E.35, subdivision 7; 256J.24, subdivision 5; 256J.425, 105.12subdivision 1; 256J.521, subdivision 4; 256J.54, subdivisions 2, 5; 256J.545; 105.13259.20, subdivision 1; 259.21, by adding a subdivision; 259.22, subdivision 2; 105.14259.23, subdivision 2; 259.43; 259.52, subdivision 2; 259.53, subdivision 3; 105.15259.59, subdivisions 1, 2; 259.67, subdivisions 2, 3, by adding a subdivision; 105.16259.75, subdivision 5; 259.89, subdivisions 1, 2, 4, by adding a subdivision; 105.17260.835, subdivision 2; 260C.001, subdivision 2; 260C.007, subdivisions 5, 6, 105.1813; 260C.101, subdivision 2; 260C.141, subdivision 2; 260C.171, subdivision 105.192; 260C.178, subdivision 1; 260C.205; 260C.212, subdivisions 7, 8, by adding 105.20a subdivision; 260C.325, subdivisions 1, 3; 524.2-114; 626.556, subdivision 7; 105.21Minnesota Statutes 2007 Supplement, sections 119B.12; 119B.125, subdivision 105.222; 119B.13, subdivisions 1, 7; 119B.21, subdivision 5; 119B.231, subdivision 105.235; 245C.08, subdivision 2; 256.01, subdivision 2; 256E.35, subdivision 2; 105.24256J.20, subdivision 3; 256J.626, subdivisions 3, 7; 256J.95, subdivision 3; 105.25259.41, subdivision 1; 259.57, subdivision 1; 259.67, subdivision 4; 260C.163, 105.26subdivision 1; 260C.209, subdivisions 1, 2, by adding a subdivision; 260C.212, 105.27subdivisions 1, 4; 626.556, subdivision 10a; Laws 2007, chapter 147, article 2, 105.28sections 21; 56; proposing coding for new law in Minnesota Statutes, chapters 105.29259; 260; proposing coding for new law as Minnesota Statutes, chapter 260D; 105.30repealing Minnesota Statutes 2006, sections 256K.25; 260.851; 260B.241; 105.31260C.141, subdivision 2a; 260C.207; 260C.431; 260C.435; Minnesota Statutes 105.322007 Supplement, section 260C.212, subdivision 9; Minnesota Rules, parts 105.339560.0092; 9560.0093, subpart 2; 9560.0609." We request the adoption of this report and repassage of the bill.House Conferees: (Signed) Neva Walker, Nora Slawik, Bud NornesSenate Conferees: (Signed) Patricia Torres Ray, Betsy L. Wergin, Linda Berglin 106.1 We request the adoption of this report and repassage of the bill. 106.2 House Conferees:(Signed) 106.3 ..... ..... 106.4 Neva Walker Nora Slawik 106.5 ..... 106.6 Bud Nornes 106.7 Senate Conferees:(Signed) 106.8 ..... ..... 106.9 Patricia Torres Ray Betsy L. Wergin 106.10 ..... 106.11 Linda Berglin