1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 33761.2A bill for an act1.3relating 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, 20081.18The Honorable Margaret Anderson Kelliher1.19Speaker of the House of Representatives1.20The Honorable James P. Metzen1.21President of the Senate1.22We, 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 11.28MFIP WORK PARTICIPATION AND LICENSING1.29    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 or corrections 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.2.11EFFECTIVE DATE.This section is effective July 1, 2008.2.12    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; and3.5    (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; and5.5    (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; and5.30    (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; and7.20    (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
         ; and10.12    (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. In order to maintain eligibility for any of the hardship 10.25extension categories a participant shall develop and comply with either an employment 10.26plan or a family stabilization services plan, whichever is appropriate.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. A county 11.9or tribe shall not impose a residency requirement on families, except for the residency 11.10requirement under section 256J.12.11.11    Sec. 5. Minnesota Statutes 2007 Supplement, section 256J.626, subdivision 7, is 11.12amended to read:11.13    Subd. 7. Performance base funds. (a) BeginningFor calendar year 2008 2009 11.14and yearly thereafter, 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 TANF participation rate or a five percentage point improvement over 11.19the previous year's MFIP TANF participation rate under section 
         256J.751, subdivision 2, 11.20clause (7), as averaged across the four quarterly measurements12 consecutive months 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; and11.23     (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; and11.27    (3) for calendar years 2005 and thereafter, a county or tribe that performs within or 11.28above 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; and11.31    (4) for calendar years 2008 and thereafter, (3) a county or tribe that does not achieve 11.32a 50 percent MFIP TANF participation rate or a five percentage point improvement over 11.33the previous year's MFIP TANF participation rate under section 
         256J.751, subdivision 2, 11.34clause (7), as averaged across the four quarterly measurements12 consecutive months11.35for 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, (4) a county or tribe that does not 12.4perform within or above 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) For calendar year 2009 and yearly thereafter, 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 measurements12.1412 consecutive months 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; and12.16    (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; or12.20    (3) for calendar years 2006 and thereafter, a tribe that performs within or above 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, (3) a tribe that does not achieve the 12.25participation rate approved in its federal TANF plan using the average of four quarterly12.26measurements12 consecutive months 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, (4) a tribe that does not perform 12.30within or above 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 213.10CHILD CARE13.11    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) Up to one-fourth of the funds shall be allocated based onin proportion to the 13.20number of families participating in the transition year child care program as reported 13.21during and averaged over the most recent quarter six months completed at the time of the 13.22notice of allocation. Funds in excess of the amount necessary to serve all families in this 13.23category shall be allocated according to paragraph (f).13.24    (c) Up to one-fourth of the funds shall be allocated in proportion to the average of13.25each county's most recently recent six months of 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. Funds in excess of the amount necessary to serve all families in 13.29this category shall be allocated according to paragraph (f).13.30    (d) Up to one-fourth of the funds must shall be allocated in proportion to the average 13.31of each county's most recentlyrecent six months of 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. Funds in excess of the amount necessary to serve all families in this category shall 13.35be allocated according to paragraph (f).14.1    (e) The amount necessary to serve all families in paragraphs (b), (c), and (d) shall be 14.2calculated based on the basic sliding fee average cost of care per family in the county with 14.3the highest cost in the most recently completed calendar year.14.4    (f) Funds in excess of the amount necessary to serve all families in paragraphs (b), 14.5(c), and (d) shall be allocated in proportion to each county's total expenditures for the basic 14.6sliding fee child care program reported during the most recent fiscal year completed at the 14.7time of the notice of allocation.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 and their employees 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 and their employees 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 or their employee 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    (g) Effective upon date of enactment, absent day payment limits under section 15.9119B.13, subdivision 7, do not apply to children for care paid through SRSA's provided 15.10the family remains eligible under subdivision 3.15.11    Sec. 5. CHILD CARE ADVISORY TASK FORCE.15.12    Subdivision 1.Establishment.The commissioner of human services shall establish 15.13a Child Care Advisory Task Force of stakeholders to review and make recommendations 15.14to the legislature to remove barriers facing families applying for and receiving child care 15.15assistance under Minnesota Statutes, chapter 119B.15.16    Subd. 2.Membership.The commissioner of human services shall appoint Child 15.17Care Advisory Task Force members. The Child Care Advisory Task Force shall include, 15.18but is not limited to, representatives from:15.19    (1) the Department of Human Services; 15.20    (2) counties and nonprofit organizations administering the child care assistance 15.21programs;15.22    (3) a parent receiving child care assistance;15.23    (4) the child care advocacy community; and15.24    (5) the antipoverty advocacy community.15.25    Subd. 3.Duties.The Child Care Advisory Task Force shall review child care 15.26assistance laws, rules, and policies and make recommendations to remove barriers facing 15.27families applying for child care assistance or completing reauthorization for child care 15.28assistance to the legislative committees with jurisdiction over the child care assistance 15.29programs under Minnesota Statutes, chapter 119B. Barriers to review include, but are 15.30not limited to:15.31    (1) length of application forms;15.32    (2) consistency of application and reauthorization forms statewide;15.33    (3) documentation requirements, including frequency of producing documentation;15.34    (4) barriers facing parents with limited English; and15.35    (5) length of reauthorization periods.16.1    Subd. 4.Report.By January 15, 2010, the Department of Human Services shall 16.2report to the legislative committees with jurisdiction over the child care assistance 16.3programs with the Child Care Advisory Task Force recommendations to remove the 16.4barriers facing families in applying for and receiving child care assistance.16.5    Subd. 5.Task force expenses.Notwithstanding Minnesota Statutes, section 15.059, 16.6task force members must not be paid a per diem or reimbursed for any expenses associated 16.7with their membership on the task force.16.8    Subd. 6.Expiration.The Child Care Advisory Task Force expires June 30, 2010.16.9EFFECTIVE DATE.This section is effective the day following final enactment.16.10ARTICLE 316.11CHILD CARE TECHNICAL16.12    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 25067  percent of the federal poverty16.32guidelinesstate median income, 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; or17.3    (2) have household income less than or equal to 17547  percent of the federal 17.4poverty guidelinesstate median income, adjusted for family size, at program entry and 17.5less than 25067  percent of the federal poverty guidelinesstate median income, 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, except as noted 17.23in subdivision 2: 

17.2417.2517.26Income Range (as a percent of the federal poverty guidelinesstate median income, except at the start of the first tier)Co-payment (as a percentage of adjusted 
                  		gross income)17.27 0-74.99% of federal poverty guidelines$0/month17.2875.00-99.99% of federal poverty guidelines$5/month17.2917.30100.00-104.99%100.00% of federal poverty guidelines-27.72%2.61%17.31105.00-109.99%27.73-29.04%2.61%17.32110.00-114.99%29.05-30.36%2.61%17.33115.00-119.99%30.37-31.68%2.61%18.1120.00-124.99%31.69-33.00%2.91%18.2125.00-129.99%33.01-34.32%2.91%18.3130.00-134.99%34.33-35.65%2.91%18.4135.00-139.99%35.66-36.96%2.91%18.5140.00-144.99%36.97-38.29%3.21%18.6145.00-149.99%38.30-39.61%3.21%18.7150.00-154.99%39.62-40.93%3.21%18.8155.00-159.99%40.94-42.25%3.84%18.9160.00-164.99%42.26-43.57%3.84%18.10165.00-169.99%43.58-44.89%4.46%18.11170.00-174.99%44.90-46.21%4.76%18.12175.00-179.99%46.22-47.53%5.05%18.13180.00-184.99%47.54-48.85%5.65%18.14185.00-189.99%48.86-50.17%5.95%18.15190.00-194.99%50.18-51.49%6.24%18.16195.00-199.99%51.50-52.81%6.84%18.17200.00-204.99%52.82-54.13%7.58%18.18205.00-209.99%54.14-55.45%8.33%18.19210.00-214.99%55.46-56.77%9.20%18.20215.00-219.99%56.78-58.09%10.07%18.21220.00-224.99%58.10-59.41%10.94%18.22225.00-229.99%59.42-60.73%11.55%18.23230.00-234.99%60.74-62.06%12.16%18.24235.00-239.99%62.07-63.38%12.77%18.25240.00-244.99%63.39-64.70%13.38%18.26245.00-249.99%64.71-66.99%14.00%18.27250%67.00%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 state median income. 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.19.15EFFECTIVE DATE.This section is effective July 1, 2008.19.16    Sec. 5. Minnesota Statutes 2006, section 119B.125, is amended by adding a subdivision 19.17to read:19.18    Subd. 1a.Background study required.This subdivision only applies to legal, 19.19nonlicensed family child care providers. Prior to authorization, and as part of each 19.20reauthorization required in subdivision 1, the county shall perform a background study on 19.21every member of the provider's household who is age 13 and older. The background study 19.22shall be conducted according to the procedures under subdivision 2.19.23    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 whoWhen any 19.26member of the legal, nonlicensed family child care provider's household meets any of the 19.27conditions under paragraphs (b) to (n), the provider 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 and other household 19.30members for whom a background study is required under subdivision 1a 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 or any household member 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; or20.10    (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    (g) All maximum provider rates changes shall be implemented on the Monday 24.14following the effective date of the maximum provider rate.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 shall receive notification of the number of 25.19absent days used upon initial provider 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; and26.9    (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    (5) legal nonlicensed or family, friend, and neighbor care providers; or26.19    (5)(6) any combination of clauses (1) to (4) (5).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; and26.35    (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; or27.4    (2) child care providers in the process of becoming licensed.; or27.5    (3) legal nonlicensed or family, friend, and neighbor care providers.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 human services 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 education27.18identifying 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. REVISOR'S INSTRUCTION.27.24    (a) The revisor of statutes shall renumber Minnesota Statutes, section 119A.45, 27.25as Minnesota Statutes, section 256E.37.27.26    (b) The revisor of statutes shall make such cross-reference changes as are necessary 27.27from the renumbering in this section wherever the reference appears in statute.27.28ARTICLE 427.29MFIP TECHNICAL CHANGES27.30    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, the county agency shall 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; and29.26    (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 2007.

29.3329.34Number of Eligible 
                  		PeopleTransitional 
                  		StandardCash PortionFood Portion

30.11$379 $391:$250$129 $14130.22$675 $698:$437$238 $26130.33$876 $910:$532$344 $37830.44$1,036 $1,091:$621$415 $47030.55$1,180 $1,245:$697$483 $54830.66$1,350 $1,425:$773$577 $65230.77$1,472 $1,553:$850$622 $70330.88$1,623 $1,713:$916$707 $79730.99$1,772 $1,871:$980$792 $89130.1010$1,915 $2,024:$1,035$880 $98930.11over 10add $142 $151:$53$89 $9830.12per 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 31.1256J.65, 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 124D.331 the participant's school in 31.18developing the educational plan. 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 256J.56, 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; or31.30    (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 The following items may be considered 32.12acceptable documentation or verification of family violence: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; or32.18    (4) a statement from professionals from whom the applicant or recipient has sought 32.19assistance for the abuse; or.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    (c) A claim of family violence may also be documented by a sworn statement from 32.23the applicant or participant and a sworn statement from any other person with knowledge 32.24of the circumstances or credible evidence that supports the client's statement.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; and33.15    (10) refugees and asylees as defined in Code of Federal Regulations, title 45, chapter 33.16IV part 400, subpart d, section 
         444.43 400.43, 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), or (10).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 533.25MISCELLANEOUS TECHNICAL33.26    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); and33.35    (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 clause (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; or34.17    (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 postsecondary34.24eligible educational institution as defined in paragraph (g), 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; and34.31    (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    (g) "Eligible educational institution" means the following:35.4    (1) an institution of higher education described in section 101 or 102 of the Higher 35.5Education Act of 1965; or35.6    (2) an area vocational education school, as defined in subparagraph (C) or (D) of 35.7United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational 35.8and Applied Technology Education Act), which is located within any state, as defined in 35.9United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only 35.10to the extent section 2302 is in effect on the effective date of this section.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 March 1, 2009.35.15    Sec. 4.  REPEALER.35.16Minnesota Statutes 2006, section 256K.25, is repealed.35.17ARTICLE 635.18CHILD WELFARE35.19    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 adopted persons are met in the planning and 35.23granting of adoptions; and35.24    (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    Subd. 2a.Adult adoption."Adult adoption" means the adoption of a person 35.29at least 18 years of age.35.30    Sec. 3. Minnesota Statutes 2006, section 259.22, subdivision 2, is amended to read:36.1    Subd. 2. ChildrenPersons who may be adopted. No petition for adoption shall be 36.2filed unless the childperson 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 if36.5    (a) the child person to be adopted 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 person to be adopted, 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 person to be adopted, if known, and any known 36.25aliases;36.26    (f) The name to be given the childperson to be adopted if a change of name is 36.27desired;36.28    (g) The description and value of any real or personal property owned by the child36.29person to be adopted;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 the person to be adopted and that 36.32adoption is in the best interests of the child for the child person 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. [259.241] ADULT ADOPTION.37.5    (a) Any adult person may be adopted, regardless of his or her residence. A resident 37.6of Minnesota may petition the court of record having jurisdiction of adoption proceedings 37.7to adopt an individual who has reached the age of 18 years or older.37.8    (b) The consent of the person to be adopted shall be the only consent necessary, 37.9according to section 259.24. The consent of an adult in his or her own adoption is invalid 37.10if the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, 37.11or if the person consenting to the adoption is determined not competent to give consent.37.12    (c) The decree of adoption establishes a parent-child relationship between the 37.13adopting parent or parents and the person adopted, including the right to inherit, and also 37.14terminates the parental rights and sibling relationship between the adopted person and the 37.15adopted person's birth parents and siblings according to section 259.59.37.16    (d) If the adopted person requests a change of name, the adoption decree shall 37.17order the name change.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 
         256.01, 37.31subdivision 2, paragraph (h), 259.67
         , 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 asa 37.34background study  required by sections 245C.33 and 259.53, subdivision 2, paragraph (c)38.1by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the 38.2case of a stepparent adoption, a background study must be completed on the stepparent 38.3and any children as required under subdivision 3, paragraph (b), except that a child of 38.4the stepparent does not need to have a background study complete if they are a sibling 38.5through birth or adoption of the person being adopted. The local social services agency 38.6of the county in which the prospective adoptive parent lives must initiate a background 38.7study unless a child-placing agency has been involved with the adoption. The local social 38.8service agency may charge a reasonable fee for the background study. If a placement is 38.9being made the background study must be completed prior to placement pursuant to 38.10section 259.29, subdivision 1, paragraph (c).  Background study results must be filed with 38.11the adoption petition according to section 259.22, except in an adult adoption where an 38.12adoption study and background study are not needed. 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 or an adult adoption under 38.20section 259.241, a birth parent or an agency, if an agency placement, shall provide a 38.21prospective adoptive parent with a complete, thorough, detailed, and current social and 38.22medical history of the birth families child being adopted, if information is known after 38.23reasonable inquiry. Each birth familychild's social and medical history must be provided 38.24on a form or forms prepared by the commissioner and must include background and health 38.25history specific to the child, the child's birth parents, and the child's other birth relatives. 38.26Applicable background and health information about the child includes: the child's current 38.27health condition, behavior, and demeanor; placement history; education history; sibling 38.28information; and birth, medical, dental, and immunization information. Redacted copies of 38.29pertinent records, assessments, and evaluations shall be attached to the child's social and 38.30medical history. Applicable background information about the child's birth parents and 38.31other birth relatives includes: general background information; education and employment 38.32history; physical health and mental health history; and reasons for the child's placement. 38.33The child's social and medical history shall be completed 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 39.1familychild's social and medical history must be provided to the prospective adoptive 39.2family prior to adoptive placement, provided to the Department of Human Services 39.3with application for adoption assistance, if applicable, and filed with the court when the 39.4adoption petition is filed, or,. In a direct adoptive placement, the child's social and medical 39.5history must be filed with the court 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. The filing of a certified copy of an order from a 39.19juvenile protection matter under chapter 260C containing a finding that certification of the 39.20requisite search of the Minnesota Fathers' Adoption Registry was filed with the court in 39.21that matter shall also constitute proof of search. 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 countysocial services agency responsible for the report under 39.26section 
         259.53, subdivision 1, or the responsible social services agency that is a petitioner 39.27in a juvenile protection matter under chapter 260C 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, the child's guardian ad litem appointed under: (1) section 260C.163 when 40.1the guardian's appointment continues under section 260C.317, subdivision 3, paragraph 40.2(b); or (2) section 259.65, 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 childperson to be adopted 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 childperson to be adopted shall 40.17be the child of the petitioner. In the decree the court may change the name of the child40.18adopted person if desired. After the decree is granted for a childan adopted person 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; or40.24    (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 person to be adopted, the court shall deny the petition, and in the case of a child 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 childadopted person 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 childadopted person shall inherit from the adoptive parents or their 41.5relatives the same as though the childadopted person were the natural child of the parents, 41.6and in case of the child'sadopted person's death intestate the adoptive parents and their 41.7relatives shall inherit the child'sadopted person's estate as if theythe adopted person had 41.8been the child's birth parents and relatives. After a decree of adoption is entered the birth 41.9parents of an adopted childperson shall be relieved of all parental responsibilities for the 41.10child adopted person, and they shall not exercise or have any rights over the adopted 41.11childperson or the child'sadopted person's property. The childadopted person shall not 41.12owe the birth parents or their relatives any legal duty nor shall the childadopted person 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 childperson whose birth parent or parents are enrolled in 41.18an American Indian tribe shall not change the child'sperson's  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 child's 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 Modification or termination of the adoption assistance 42.13agreement.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 child 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    Subd. 3a.Recovery of overpayments.An amount of adoption assistance paid to 42.30an adoptive parent in excess of the payment due is recoverable by the commissioner, 42.31even when the overpayment was caused by agency error or circumstances outside the 42.32responsibility and control of the family or provider. Adoption assistance amounts covered 42.33by this subdivision include basic maintenance needs payments, monthly supplemental 43.1maintenance needs payments, reimbursement of nonrecurring adoption expenses, 43.2reimbursement of special nonmedical costs, and reimbursement of medical costs.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; or43.14    (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; or43.16    (iii) the child's relative, as defined in section 260C.007, subdivision 27, desires to 43.17adopt the child, and it is determined by the placing agency that the adoption is in the 43.18best interest of the child.43.19    (3)(i) The child has beenis 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. A child who is adopted by the child's 43.27legal custodian or guardian shall not be eligible for state-funded adoption assistance.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), or section 473(c)(2)(A) of the Social Security Act, 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 44.11andor 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,placed in an adoptive home 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 servicesservices' agent or licensed 44.18child-placing agency when known, or the commissioner of human services when the 44.19agency is not known 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 servicesservices' agent or a licensed 44.23child-placing agency 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 when it is 45.2determined to be reasonable by the commissioner; otherwise contact shall be by mail or 45.3telephone. 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) (1) the nature of the information requested by the adopted person;45.7    (b) (2) the date of the request of the adopted person;45.8    (c) (3) 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) (4) the right of the parent to file a consent to disclosure with the commissioner 45.12of health at any time; and45.13    (e) (5) 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 certifiesservices' agent or licensed child-placing agency 45.18document 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    Subd. 7.Adult adoptions.Notwithstanding section 144.218, a person adopted 45.31as an adult shall be permitted to access the person's birth records that existed prior to 45.32the adult adoption. Access to the existing birth records shall be the same access that 45.33was permitted prior to the adult adoption.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 2012.46.4    Sec. 23. [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF 46.5CHILDREN.46.6ARTICLE I. PURPOSE46.7    The purpose of this Interstate Compact for the Placement of Children is to:46.8    A. Provide a process through which children subject to this compact are placed in 46.9safe and suitable homes in a timely manner.46.10    B. Facilitate ongoing supervision of a placement, the delivery of services, and 46.11communication between the states.46.12    C. Provide operating procedures that will ensure that children are placed in safe and 46.13suitable homes in a timely manner.46.14    D. Provide for the promulgation and enforcement of administrative rules 46.15implementing the provisions of this compact and regulating the covered activities of 46.16the member states.46.17    E. Provide for uniform data collection and information sharing between member 46.18states under this compact.46.19    F. Promote coordination between this compact, the Interstate Compact for Juveniles, 46.20the Interstate Compact on Adoption and Medical Assistance and other compacts affecting 46.21the placement of and which provide services to children otherwise subject to this compact.46.22    G. Provide for a state's continuing legal jurisdiction and responsibility for placement 46.23and care of a child that it would have had if the placement were intrastate.46.24    H. Provide for the promulgation of guidelines, in collaboration with Indian tribes, 46.25for interstate cases involving Indian children as is or may be permitted by federal law.46.26ARTICLE II. DEFINITIONS46.27    As used in this compact,46.28    A. "Approved placement" means the public child-placing agency in the receiving 46.29state has determined that the placement is both safe and suitable for the child.46.30    B. "Assessment" means an evaluation of a prospective placement by a public 46.31child-placing agency to determine whether the placement meets the individualized needs 46.32of the child, including but not limited to the child's safety and stability, health and 46.33well-being, and mental, emotional, and physical development. An assessment is only 46.34applicable to a placement by a public child-placing agency.46.35    C. "Child" means an individual who has not attained the age of eighteen (18).47.1    D. "Certification" means to attest, declare, or be sworn to before a judge or notary 47.2public.47.3    E. "Default" means the failure of a member state to perform the obligations or 47.4responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate 47.5Commission.47.6    F. "Home Study" means an evaluation of a home environment conducted according 47.7to the applicable requirements of the state in which the home is located, and documents 47.8the preparation and the suitability of the placement resource for placement of a child 47.9according to the laws and requirements of the state in which the home is located.47.10    G. "Indian tribe" means any Indian tribe, band, nation, or other organized group 47.11or community of Indians recognized as eligible for services provided to Indians by the 47.12Secretary of the Interior because of their status as Indians, including any Alaskan native 47.13village as defined in section 3 (c) of the Alaska Native Claims settlement Act at 43 USC 47.14��1602(c).47.15    H. "Interstate Commission for the Placement of Children" means the commission 47.16that is created under Article VIII of this compact and which is generally referred to as the 47.17Interstate Commission.47.18    I. "Jurisdiction" means the power and authority of a court to hear and decide matters.47.19    J. "Legal Risk Placement" ("Legal Risk Adoption") means a placement made 47.20preliminary to an adoption where the prospective adoptive parents acknowledge in writing 47.21that a child can be ordered returned to the sending state or the birth mother's state of 47.22residence, if different from the sending state and a final decree of adoption shall not be 47.23entered in any jurisdiction until all required consents are obtained or are dispensed with 47.24according to applicable law.47.25    K. "Member state" means a state that has enacted this compact.47.26    L. "Noncustodial parent" means a person who, at the time of the commencement 47.27of court proceedings in the sending state, does not have sole legal custody of the child 47.28or has joint legal custody of a child, and who is not the subject of allegations or findings 47.29of child abuse or neglect.47.30    M. "Nonmember state" means a state which has not enacted this compact.47.31    N. "Notice of residential placement" means information regarding a placement 47.32into a residential facility provided to the receiving state including, but not limited to the 47.33name, date and place of birth of the child, the identity and address of the parent or legal 47.34guardian, evidence of authority to make the placement, and the name and address of 47.35the facility in which the child will be placed. Notice of residential placement shall also 47.36include information regarding a discharge and any unauthorized absence from the facility.48.1    O. "Placement" means the act by a public or private child-placing agency intended 48.2to arrange for the care or custody of a child in another state.48.3    P. "Private child-placing agency" means any private corporation, agency, foundation, 48.4institution, or charitable organization, or any private person or attorney that facilitates, 48.5causes, or is involved in the placement of a child from one state to another and that is not 48.6an instrumentality of the state or acting under color of state law.48.7    Q. "Provisional placement" means a determination made by the public child-placing 48.8agency in the receiving state that the proposed placement is safe and suitable, and, to the 48.9extent allowable, the receiving state has temporarily waived its standards or requirements 48.10otherwise applicable to prospective foster or adoptive parents so as to not delay the 48.11placement. Completion of an assessment and the receiving state requirements regarding 48.12training for prospective foster or adoptive parents shall not delay an otherwise safe and 48.13suitable placement.48.14    R. "Public child-placing agency" means any government child welfare agency or 48.15child protection agency or a private entity under contract with such an agency, regardless 48.16of whether they act on behalf of a state, county, municipality, or other governmental 48.17unit and which facilitates, causes, or is involved in the placement of a child from one 48.18state to another.48.19    S. "Receiving state" means the state to which a child is sent, brought, or caused to 48.20be sent or brought.48.21    T. "Relative" means someone who is related to the child as a parent, step-parent, 48.22sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a 48.23non-relative with such significant ties to the child that they may be regarded as relatives as 48.24determined by the court in the sending state.48.25    U. "Residential Facility" means a facility providing a level of care that is sufficient 48.26to substitute for parental responsibility or foster care, and is beyond what is needed for 48.27assessment or treatment of an acute condition. For purposes of the compact, residential 48.28facilities do not include institutions primarily educational in character, hospitals, or other 48.29medical facilities.48.30    V. "Rule" means a written directive, mandate, standard, or principle issued by the 48.31Interstate Commission promulgated pursuant to Article XI of this compact that is of 48.32general applicability and that implements, interprets, or prescribes a policy or provision of 48.33the compact. Rule has the force and effect of an administrative rule in a member state, and 48.34includes the amendment, repeal, or suspension of an existing rule.48.35    W. "Sending state" means the state from which the placement of a child is initiated.49.1    X. "Service member's permanent duty station" means the military installation where 49.2an active duty Armed Services member is currently assigned and is physically located 49.3under competent orders that do not specify the duty as temporary.49.4    Y. "Service member's state of legal residence" means the state in which the active 49.5duty Armed Services member is considered a resident for tax and voting purposes.49.6    Z. "State" means a state of the United States, the District of Columbia, the 49.7Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the 49.8Northern Marianas Islands, and any other territory of the United States.49.9    AA. "State court" means a judicial body of a state that is vested by law with 49.10responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or 49.11status offenses of individuals who have not attained the age of eighteen (18).49.12    BB. "Supervision" means monitoring provided by the receiving state once a child 49.13has been placed in a receiving state pursuant to this compact.49.14ARTICLE III. APPLICABILITY49.15    A. Except as otherwise provided in Article III, Section B, this compact shall apply to:49.16    1. The interstate placement of a child subject to ongoing court jurisdiction in the 49.17sending state, due to allegations or findings that the child has been abused, neglected, or 49.18deprived as defined by the laws of the sending state, provided, however, that the placement 49.19of such a child into a residential facility shall only require notice of residential placement 49.20to the receiving state prior to placement.49.21    2. The interstate placement of a child adjudicated delinquent or unmanageable 49.22based on the laws of the sending state and subject to ongoing court jurisdiction of the 49.23sending state if:49.24    a. the child is being placed in a residential facility in another member state and 49.25is not covered under another compact; or49.26    b. the child is being placed in another member state and the determination of safety 49.27and suitability of the placement and services required is not provided through another 49.28compact.49.29    3. The interstate placement of any child by a public child-placing agency or private 49.30child-placing agency as defined in this compact as a preliminary step to a possible 49.31adoption.49.32    B. The provisions of this compact shall not apply to:49.33    1. The interstate placement of a child in a custody proceeding in which a public 49.34child placing agency is not a party, provided the placement is not intended to effectuate an 49.35adoption.50.1    2. The interstate placement of a child with a non-relative in a receiving state by a 50.2parent with the legal authority to make such a placement provided, however, that the 50.3placement is not intended to effectuate an adoption.50.4    3. The interstate placement of a child by one relative with the lawful authority to 50.5make such a placement directly with a relative in a receiving state.50.6    4. The placement of a child, not subject to Article III, Section A, into a residential 50.7facility by his parent.50.8    5. The placement of a child with a noncustodial parent provided that:50.9    a. The noncustodial parent proves to the satisfaction of a court in the sending state a 50.10substantial relationship with the child; and50.11    b. The court in the sending state makes a written finding that placement with the 50.12non-custodial parent is in the best interests of the child; and50.13    c. The court in the sending state dismisses its jurisdiction over the child's case.50.14    6. A child entering the United States from a foreign country for the purpose of 50.15adoption or leaving the United States to go to a foreign country for the purpose of 50.16adoption in that country.50.17    7. Cases in which a U.S. citizen child living overseas with his family, at least one 50.18of whom is in the U.S. Armed Services, and who is stationed overseas, is removed and 50.19placed in a state.50.20    8. The sending of a child by a public child-placing agency or a private child-placing 50.21agency for a visit as defined by the rules of the Interstate Commission.50.22    C. For purposes of determining the applicability of this compact to the placement of 50.23a child with a family in the Armed Services, the public child-placing agency or private 50.24child-placing agency may choose the state of the service member's permanent duty station 50.25or the service member's declared legal residence.50.26    D. Nothing in this compact shall be construed to prohibit the concurrent application 50.27of the provisions of this compact with other applicable interstate compacts including the 50.28Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical 50.29Assistance. The Interstate Commission may in cooperation with other interstate compact 50.30commissions having responsibility for the interstate movement, placement, or transfer of 50.31children, promulgate like rules to ensure the coordination of services, timely placement 50.32of children, and the reduction of unnecessary or duplicative administrative or procedural 50.33requirements.50.34ARTICLE IV. JURISDICTION50.35    A. Except as provided in Article IV, Section G, concerning private and independent 50.36adoptions and in interstate placements in which the public child placing agency is not a 51.1party to a custody proceeding, the sending state shall retain jurisdiction over a child with 51.2respect to all matters of custody and disposition of the child which it would have had if the 51.3child had remained in the sending state. Such jurisdiction shall also include the power to 51.4order the return of the child to the sending state.51.5    B. When an issue of child protection or custody is brought before a court in the 51.6receiving state, such court shall confer with the court of the sending state to determine the 51.7most appropriate forum for adjudication.51.8    C. In accordance with its own laws, the court in the sending state shall have authority 51.9to terminate its jurisdiction if:51.10    1. The child is reunified with the parent in the receiving state who is the subject 51.11of allegations or findings of abuse or neglect, only with the concurrence of the public 51.12child-placing agency in the receiving state; or51.13    2. The child is adopted;51.14    3. The child reaches the age of majority under the laws of the sending state; or51.15    4. The child achieves legal independence pursuant to the laws of the sending state; or51.16    5. A guardianship is created by a court in the receiving state with the concurrence of 51.17the court in the sending state; or51.18    6. An Indian tribe has petitioned for and received jurisdiction from the court in 51.19the sending state; or51.20    7. The public child-placing agency of the sending state requests termination and has 51.21obtained the concurrence of the public child-placing agency in the receiving the state.51.22    D. When a sending state court terminates its jurisdiction, the receiving state 51.23child-placing agency shall be notified.51.24    E. Nothing in this article shall defeat a claim of jurisdiction by a receiving state 51.25court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a 51.26child as defined by the laws of the receiving state committed by the child in the receiving 51.27state which would be a violation of its laws.51.28    F. Nothing in this article shall limit the receiving state's ability to take emergency 51.29jurisdiction for the protection of the child.51.30    G. The substantive laws of the state in which an adoption will be finalized shall 51.31solely govern all issues relating to the adoption of the child and the court in which the 51.32adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive 51.33issues relating to the adoption, except:51.34    1. when the child is a ward of another court that established jurisdiction over the 51.35child prior to the placement;51.36    2. when the child is in the legal custody of a public agency in the sending state; or52.1    3. when the court in the sending state has otherwise appropriately assumed 52.2jurisdiction over the child, prior to the submission of the request for approval of placement.52.3ARTICLE V. PLACEMENT EVALUATION52.4    A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving 52.5state, the public child-placing agency shall provide a written request for assessment to 52.6the receiving state.52.7    B. For placements by a private child-placing agency, a child may be sent or brought, 52.8or caused to be sent or brought, into a receiving state, upon receipt and immediate review 52.9of the required content in a request for approval of a placement in both the sending and 52.10receiving state public child-placing agency. The required content to accompany a request 52.11for provisional approval shall include all of the following:52.12    1. A request for approval identifying the child, birth parents, the prospective adoptive 52.13parents, and the supervising agency, signed by the person requesting approval; and52.14    2. The appropriate consents or relinquishments signed by the birthparents in 52.15accordance with the laws of the sending state or, where permitted, the laws of the state 52.16where the adoption will be finalized; and52.17    3. Certification by a licensed attorney or other authorized agent of a private adoption 52.18agency that the consent or relinquishment is in compliance with the applicable laws of the 52.19sending state, or where permitted the laws of the state where finalization of the adoption 52.20will occur; and52.21    4. A home study; and52.22    5. An acknowledgment of legal risk signed by the prospective adoptive parents.52.23    C. The sending state and the receiving state may request additional information or 52.24documents prior to finalization of an approved placement, but they may not delay travel 52.25by the prospective adoptive parents with the child if the required content for approval 52.26has been submitted, received, and reviewed by the public child-placing agency in both 52.27the sending state and the receiving state.52.28    D. Approval from the public child-placing agency in the receiving state for a 52.29provisional or approved placement is required as provided for in the rules of the Interstate 52.30Commission.52.31    E. The procedures for making, and the request for an assessment, shall contain all 52.32information and be in such form as provided for in the rules of the Interstate Commission.52.33    F. Upon receipt of a request from the public child-placing agency of the sending 52.34state, the receiving state shall initiate an assessment of the proposed placement to 52.35determine its safety and suitability. If the proposed placement is a placement with a 53.1relative, the public child-placing agency of the sending state may request a determination 53.2for a provisional placement.53.3    G. The public child-placing agency in the receiving state may request from the 53.4public child-placing agency or the private child-placing agency in the sending state, and 53.5shall be entitled to receive supporting or additional information necessary to complete 53.6the assessment.53.7ARTICLE VI. PLACEMENT AUTHORITY53.8    A. Except as otherwise provided in this compact, no child subject to this compact 53.9shall be placed into a receiving state until approval for such placement is obtained.53.10    B. If the public child-placing agency in the receiving state does not approve 53.11the proposed placement then the child shall not be placed. The receiving state shall 53.12provide written documentation of any such determination in accordance with the rules 53.13promulgated by the Interstate Commission. Such determination is not subject to judicial 53.14review in the sending state.53.15    C. If the proposed placement is not approved, any interested party shall have 53.16standing to seek an administrative review of the receiving state's determination.53.17    1. The administrative review and any further judicial review associated with 53.18the determination shall be conducted in the receiving state pursuant to its applicable 53.19administrative procedures.53.20    2. If a determination not to approve the placement of the child in the receiving state 53.21is overturned upon review, the placement shall be deemed approved, provided however 53.22that all administrative or judicial remedies have been exhausted or the time for such 53.23remedies has passed.53.24ARTICLE VII. PLACING AGENCY RESPONSIBILITY53.25    A. For the interstate placement of a child made by a public child-placing agency 53.26or state court:53.27    1. The public child-placing agency in the sending state shall have financial 53.28responsibility for:53.29    a. the ongoing support and maintenance for the child during the period of the 53.30placement, unless otherwise provided for in the receiving state; and53.31    b. as determined by the public child-placing agency in the sending state, services for 53.32the child beyond the public services for which the child is eligible in the receiving state.53.33    2. The receiving state shall only have financial responsibility for:53.34    a. any assessment conducted by the receiving state; and54.1    b. supervision conducted by the receiving state at the level necessary to support 54.2the placement as agreed upon by the public child-placing agencies of the receiving and 54.3sending state.54.4    3. Nothing in this provision shall prohibit public child-placing agencies in the 54.5sending state from entering into agreements with licensed agencies or persons in the 54.6receiving state to conduct assessments and provide supervision.54.7    B. For the placement of a child by a private child-placing agency preliminary to a 54.8possible adoption, the private child-placing agency shall be:54.9    1. Legally responsible for the child during the period of placement as provided for in 54.10the law of the sending state until the finalization of the adoption.54.11    2. Financially responsible for the child absent a contractual agreement to the 54.12contrary.54.13    C. The public child-placing agency in the receiving state shall provide timely 54.14assessments, as provided for in the rules of the Interstate Commission.54.15    D. The public child-placing agency in the receiving state shall provide, or arrange 54.16for the provision of, supervision and services for the child, including timely reports, 54.17during the period of the placement.54.18    E. Nothing in this compact shall be construed as to limit the authority of the public 54.19child-placing agency in the receiving state from contracting with a licensed agency or 54.20person in the receiving state for an assessment or the provision of supervision or services 54.21for the child or otherwise authorizing the provision of supervision or services by a licensed 54.22agency during the period of placement.54.23    F. Each member state shall provide for coordination among its branches of 54.24government concerning the state's participation in, and compliance with, the compact and 54.25Interstate Commission activities, through the creation of an advisory council or use of an 54.26existing body or board.54.27    G. Each member state shall establish a central state compact office, which shall 54.28be responsible for state compliance with the compact and the rules of the Interstate 54.29Commission.54.30    H. The public child-placing agency in the sending state shall oversee compliance 54.31with the provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) for placements 54.32subject to the provisions of this compact, prior to placement.54.33    I. With the consent of the Interstate Commission, states may enter into limited 54.34agreements that facilitate the timely assessment and provision of services and supervision 54.35of placements under this compact.54.36ARTICLE VIII. INTERSTATE COMMISSION FOR THE55.1PLACEMENT OF CHILDREN55.2    The member states hereby establish, by way of this compact, a commission known 55.3as the "Interstate Commission for the Placement of Children." The activities of the 55.4Interstate Commission are the formation of public policy and are a discretionary state 55.5function. The Interstate Commission shall:55.6    A. Be a joint commission of the member states and shall have the responsibilities, 55.7powers and duties set forth herein, and such additional powers as may be conferred upon it 55.8by subsequent concurrent action of the respective legislatures of the member states.55.9    B. Consist of one commissioner from each member state who shall be appointed by 55.10the executive head of the state human services administration with ultimate responsibility 55.11for the child welfare program. The appointed commissioner shall have the legal authority 55.12to vote on policy related matters governed by this compact binding the state.55.13    1. Each member state represented at a meeting of the Interstate Commission is 55.14entitled to one vote.55.15    2. A majority of the member states shall constitute a quorum for the transaction of 55.16business, unless a larger quorum is required by the bylaws of the Interstate Commission.55.17    3. A representative shall not delegate a vote to another member state.55.18    4. A representative may delegate voting authority to another person from their state 55.19for a specified meeting.55.20    C. In addition to the commissioners of each member state, the Interstate Commission 55.21shall include persons who are members of interested organizations as defined in the bylaws 55.22or rules of the Interstate Commission. Such members shall be ex officio and shall not be 55.23entitled to vote on any matter before the Interstate Commission.55.24    D. Establish an executive committee which shall have the authority to administer 55.25the day-to-day operations and administration of the Interstate Commission. It shall not 55.26have the power to engage in rulemaking.55.27ARTICLE IX. POWERS AND DUTIES OF55.28THE INTERSTATE COMMISSION55.29    The Interstate Commission shall have the following powers:55.30    A. To promulgate rules and take all necessary actions to effect the goals, purposes 55.31and obligations as enumerated in this compact.55.32    B. To provide for dispute resolution among member states.55.33    C. To issue, upon request of a member state, advisory opinions concerning the 55.34meaning or interpretation of the interstate compact, its bylaws, rules or actions.55.35    D. To enforce compliance with this compact or the bylaws or rules of the Interstate 55.36Commission pursuant to Article XII.56.1    E. Collect standardized data concerning the interstate placement of children subject 56.2to this compact as directed through its rules which shall specify the data to be collected, 56.3the means of collection and data exchange and reporting requirements.56.4    F. To establish and maintain offices as may be necessary for the transacting of its 56.5business.56.6    G. To purchase and maintain insurance and bonds.56.7    H. To hire or contract for services of personnel or consultants as necessary to 56.8carry out its functions under the compact and establish personnel qualification policies, 56.9and rates of compensation.56.10    I. To establish and appoint committees and officers including, but not limited to, an 56.11executive committee as required by Article X.56.12    J. To accept any and all donations and grants of money, equipment, supplies, 56.13materials, and services, and to receive, utilize, and dispose thereof.56.14    K. To lease, purchase, accept contributions or donations of, or otherwise to own, 56.15hold, improve, or use any property, real, personal, or mixed.56.16    L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose 56.17of any property, real, personal, or mixed.56.18    M. To establish a budget and make expenditures.56.19    N. To adopt a seal and bylaws governing the management and operation of the 56.20Interstate Commission.56.21    O. To report annually to the legislatures, governors, the judiciary, and state advisory 56.22councils of the member states concerning the activities of the Interstate Commission 56.23during the preceding year. Such reports shall also include any recommendations that may 56.24have been adopted by the Interstate Commission.56.25    P. To coordinate and provide education, training, and public awareness regarding the 56.26interstate movement of children for officials involved in such activity.56.27    Q. To maintain books and records in accordance with the bylaws of the Interstate 56.28Commission.56.29    R. To perform such functions as may be necessary or appropriate to achieve the 56.30purposes of this compact.56.31ARTICLE X. ORGANIZATION AND OPERATION OF THE 56.32INTERSTATE COMMISSION56.33    A. Bylaws56.34    1. Within 12 months after the first Interstate Commission meeting, the Interstate 56.35Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate 56.36to carry out the purposes of the compact.57.1    2. The Interstate Commission's bylaws and rules shall establish conditions and 57.2procedures under which the Interstate Commission shall make its information and official 57.3records available to the public for inspection or copying. The Interstate Commission may 57.4exempt from disclosure information or official records to the extent they would adversely 57.5affect personal privacy rights or proprietary interests.57.6    B. Meetings57.7    1. The Interstate Commission shall meet at least once each calendar year. The 57.8chairperson may call additional meetings and, upon the request of a simple majority of the 57.9member states shall call additional meetings.57.10    2. Public notice shall be given by the Interstate Commission of all meetings and 57.11all meetings shall be open to the public, except as set forth in the rules or as otherwise 57.12provided in the compact. The Interstate Commission and its committees may close a 57.13meeting, or portion thereof, where it determines by two-thirds vote that an open meeting 57.14would be likely to:57.15    a. relate solely to the Interstate Commission's internal personnel practices and 57.16procedures; or57.17    b. disclose matters specifically exempted from disclosure by federal law; or57.18    c. disclose financial or commercial information which is privileged, proprietary or 57.19confidential in nature; or57.20    d. involve accusing a person of a crime, or formally censuring a person; or57.21    e. disclose information of a personal nature where disclosure would constitute 57.22a clearly unwarranted invasion of personal privacy or physically endanger one or more 57.23persons; or57.24    f. disclose investigative records compiled for law enforcement purposes; or57.25    g. specifically relate to the Interstate Commission's participation in a civil action 57.26or other legal proceeding.57.27    3. For a meeting, or portion of a meeting, closed pursuant to this provision, the 57.28Interstate Commission's legal counsel or designee shall certify that the meeting may be 57.29closed and shall reference each relevant exemption provision. The Interstate Commission 57.30shall keep minutes which shall fully and clearly describe all matters discussed in a meeting 57.31and shall provide a full and accurate summary of actions taken, and the reasons therefore, 57.32including a description of the views expressed and the record of a roll call vote. All 57.33documents considered in connection with an action shall be identified in such minutes. All 57.34minutes and documents of a closed meeting shall remain under seal, subject to release by a 57.35majority vote of the Interstate Commission or by court order.58.1    4. The bylaws may provide for meetings of the Interstate Commission to be 58.2conducted by telecommunication or other electronic communication.58.3    C. Officers and Staff58.4    1. The Interstate Commission may, through its executive committee, appoint or 58.5retain a staff director for such period, upon such terms and conditions and for such 58.6compensation as the Interstate Commission may deem appropriate. The staff director shall 58.7serve as secretary to the Interstate Commission, but shall not have a vote. The staff director 58.8may hire and supervise such other staff as may be authorized by the Interstate Commission.58.9    2. The Interstate Commission shall elect, from among its members, a chairperson 58.10and a vice chairperson of the executive committee and other necessary officers, each of 58.11whom shall have such authority and duties as may be specified in the bylaws.58.12    D. Qualified Immunity, Defense and Indemnification58.13    1. The Interstate Commission's staff director and its employees shall be immune 58.14from suit and liability, either personally or in their official capacity, for a claim for damage 58.15to or loss of property or personal injury or other civil liability caused or arising out of or 58.16relating to an actual or alleged act, error, or omission that occurred, or that such person had 58.17a 	reasonable basis for believing occurred within the scope of Commission employment, 58.18duties, or responsibilities; provided, that such person shall 	not be protected from suit or 58.19liability for damage, loss, injury, or liability caused by a criminal act or the intentional or 58.20willful and wanton misconduct of such person.58.21    a. The liability of the Interstate Commission's staff director and employees 58.22or Interstate Commission representatives, acting within the scope of such person's 58.23employment or duties for acts, errors, or omissions occurring within such person's state 58.24may not exceed the limits of liability set forth under the Constitution and laws of that state 58.25for state officials, employees, and agents. The Interstate Commission is considered to 58.26be an instrumentality of the states for the purposes of any such action. Nothing in this 58.27subsection shall be construed to protect such person from suit or liability for damage, 58.28loss, injury, or liability caused by a criminal act or the intentional or willful and wanton 58.29misconduct of such person.58.30    b. The Interstate Commission shall defend the staff director and its employees and, 58.31subject to the approval of the Attorney General or other appropriate legal counsel of the 58.32member state shall defend the commissioner of a member state in a civil action seeking to 58.33impose liability arising out of an actual or alleged act, error, or omission that occurred 58.34within the scope of Interstate Commission employment, duties or responsibilities, or that 58.35the defendant had a reasonable basis for believing occurred within the scope of Interstate 58.36Commission employment, duties, or responsibilities, provided that the actual or alleged 59.1act, error, or omission did not result from intentional or willful and wanton misconduct on 59.2the part of such person.59.3    c. To the extent not covered by the state involved, member state, or the Interstate 59.4Commission, the representatives or employees of the Interstate Commission shall be 59.5held harmless in the amount of a settlement or judgment, including attorney's fees and 59.6costs, obtained against such persons arising out of an actual or alleged act, error, or 59.7omission that occurred within the scope of Interstate Commission employment, duties, or 59.8responsibilities, or that such persons had a reasonable basis for believing occurred within 59.9the scope of Interstate Commission employment, duties, or responsibilities, provided that 59.10the actual or alleged act, error, or omission did not result from intentional or willful and 59.11wanton misconduct on the part of such persons.59.12ARTICLE XI. RULEMAKING FUNCTIONS OF59.13THE INTERSTATE COMMISSION59.14    A. The Interstate Commission shall promulgate and publish rules in order to 59.15effectively and efficiently achieve the purposes of the compact.59.16    B. Rulemaking shall occur pursuant to the criteria set forth in this article and the 59.17bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform 59.18to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform 59.19Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the 59.20Interstate Commission deems appropriate consistent with due process requirements under 59.21the United States Constitution as now or hereafter interpreted by the U. S. Supreme Court. 59.22All rules and amendments shall become binding as of the date specified, as published with 59.23the final version of the rule as approved by the Interstate Commission.59.24    C. When promulgating a rule, the Interstate Commission shall, at a minimum:59.25    1. Publish the proposed rule's entire text stating the reason(s) for that proposed 59.26rule; and59.27    2. Allow and invite any and all persons to submit written data, facts, opinions, 59.28and arguments, which information shall be added to the record, and be made publicly 59.29available; and59.30    3. Promulgate a final rule and its effective date, if appropriate, based on input from 59.31state or local officials, or interested parties.59.32    D. Rules promulgated by the Interstate Commission shall have the force and effect 59.33of administrative rules and shall be binding in the compacting states to the extent and in 59.34the manner provided for in this compact.59.35    E. Not later than 60 days after a rule is promulgated, an interested person may file a 59.36petition in the U.S. District Court for the District of Columbia or in the Federal District 60.1Court where the Interstate Commission's principal office is located for judicial review 60.2of such rule. If the court finds that the Interstate Commission's action is not supported 60.3by substantial evidence in the rulemaking record, the court shall hold the rule unlawful 60.4and set it aside.60.5    F. If a majority of the legislatures of the member states rejects a rule, those states 60.6may by enactment of a statute or resolution in the same manner used to adopt the compact 60.7cause that such rule shall have no further force and effect in any member state.60.8    G. The existing rules governing the operation of the Interstate Compact on the 60.9Placement of Children superseded by this act shall be null and void no less than 12, but 60.10no more than 24 months after the first meeting of the Interstate Commission created 60.11hereunder, as determined by the members during the first meeting.60.12    H. Within the first 12 months of operation, the Interstate Commission shall 60.13promulgate rules addressing the following:60.14    1. Transition rules60.15    2. Forms and procedures60.16    3. Time lines60.17    4. Data collection and reporting60.18    5. Rulemaking60.19    6. Visitation60.20    7. Progress reports/supervision60.21    8. Sharing of information/confidentiality60.22    9. Financing of the Interstate Commission60.23    10. Mediation, arbitration, and dispute resolution60.24    11. Education, training, and technical assistance60.25    12. Enforcement60.26    13. Coordination with other interstate compacts60.27    I. Upon determination by a majority of the members of the Interstate Commission 60.28that an emergency exists:60.29    1. The Interstate Commission may promulgate an emergency rule only if it is 60.30required to:60.31    a. Protect the children covered by this compact from an imminent threat to their 60.32health, safety, and well-being; or60.33    b. Prevent loss of federal or state funds; or60.34    c. Meet a deadline for the promulgation of an administrative rule required by 60.35federal law.61.1    2. An emergency rule shall become effective immediately upon adoption, provided 61.2that the usual rulemaking procedures provided hereunder shall be retroactively applied 61.3to said rule as soon as reasonably possible, but no later than 90 days after the effective 61.4date of the emergency rule.61.5    3. An emergency rule shall be promulgated as provided for in the rules of the 61.6Interstate Commission.61.7ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION,61.8ENFORCEMENT61.9    A. Oversight61.10    1. The Interstate Commission shall oversee the administration and operation of the 61.11compact.61.12    2. The executive, legislative, and judicial branches of state government in each 61.13member state shall enforce this compact and the rules of the Interstate Commission and 61.14shall take all actions necessary and appropriate to effectuate the compact's purposes and 61.15intent. The compact and its rules shall be binding in the compacting states to the extent 61.16and in the manner provided for in this compact.61.17    3. All courts shall take judicial notice of the compact and the rules in any judicial 61.18or administrative proceeding in a member state pertaining to the subject matter of this 61.19compact.61.20    4. The Interstate Commission shall be entitled to receive service of process in any 61.21action in which the validity of a compact provision or rule is the issue for which a judicial 61.22determination has been sought and shall have standing to intervene in any proceedings. 61.23Failure to provide service of process to the Interstate Commission shall render any 61.24judgment, order or other determination, however so captioned or classified, void as to the 61.25Interstate Commission, this compact, its bylaws, or rules of the Interstate Commission.61.26    B. Dispute Resolution61.27    1. The Interstate Commission shall attempt, upon the request of a member state, to 61.28resolve disputes which are subject to the compact and which may arise among member 61.29states and between member and nonmember states.61.30    2. The Interstate Commission shall promulgate a rule providing for both mediation 61.31and binding dispute resolution for disputes among compacting states. The costs of such 61.32mediation or dispute resolution shall be the responsibility of the parties to the dispute.61.33    C. Enforcement61.34    1. If the Interstate Commission determines that a member state has defaulted in the 61.35performance of its obligations or responsibilities under this compact, its bylaws or rules, 61.36the Interstate Commission may:62.1    a. Provide remedial training and specific technical assistance; or62.2    b. Provide written notice to the defaulting state and other member states, of the 62.3nature of the default and the means of curing the default. The Interstate Commission shall 62.4specify the conditions by which the defaulting state must cure its default; or62.5    c. By majority vote of the members, initiate against a defaulting member state legal 62.6action in the United State District Court for the District of Columbia or, at the discretion 62.7of the Interstate Commission, in the federal district where the Interstate Commission has 62.8its principal office, to enforce compliance with the provisions of the compact, its bylaws, 62.9or rules. The relief sought may include both injunctive relief and damages. In the event 62.10judicial enforcement is necessary the prevailing party shall be awarded all costs of such 62.11litigation including reasonable attorney's fees; or62.12    d. Avail itself of any other remedies available under state law or the regulation of 62.13official or professional conduct.62.14ARTICLE XIII. FINANCING OF THE COMMISSION62.15    A. The Interstate Commission shall pay, or provide for the payment of the reasonable 62.16expenses of its establishment, organization, and ongoing activities.62.17    B. The Interstate Commission may levy on and collect an annual assessment from 62.18each member state to cover the cost of the operations and activities of the Interstate 62.19Commission and its staff which must be in a total amount sufficient to cover the Interstate 62.20Commission's annual budget as approved by its members each year. The aggregate annual 62.21assessment amount shall be allocated based upon a formula to be determined by the 62.22Interstate Commission which shall promulgate a rule binding upon all member states.62.23    C. The Interstate Commission shall not incur obligations of any kind prior to securing 62.24the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit 62.25of any of the member states, except by and with the authority of the member state.62.26    D. The Interstate Commission shall keep accurate accounts of all receipts and 62.27disbursements. The receipts and disbursements of the Interstate Commission shall be 62.28subject to the audit and accounting procedures established under its bylaws. However, 62.29all receipts and disbursements of funds handled by the Interstate Commission shall be 62.30audited yearly by a certified or licensed public accountant and the report of the audit shall 62.31be included in and become part of the annual report of the Interstate Commission.62.32ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE62.33AND AMENDMENT62.34    A. Any state is eligible to become a member state.62.35    B. The compact shall become effective and binding upon legislative enactment of 62.36the compact into law by no less than 35 states. The effective date shall be the later of July 63.11, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall 63.2become effective and binding as to any other member state upon enactment of the compact 63.3into law by that state. The executive heads of the state human services administration 63.4with ultimate responsibility for the child welfare program of nonmember states or their 63.5designees shall be invited to participate in the activities of the Interstate Commission on a 63.6non-voting basis prior to adoption of the compact by all states.63.7    C. The Interstate Commission may propose amendments to the compact for 63.8enactment by the member states. No amendment shall become effective and binding 63.9on the member states unless and until it is enacted into law by unanimous consent of 63.10the member states.63.11ARTICLE XV. WITHDRAWAL AND DISSOLUTION63.12    A. Withdrawal63.13    1. Once effective, the compact shall continue in force and remain binding upon each 63.14and every member state; provided that a member state may withdraw from the compact 63.15specifically repealing the statute which enacted the compact into law.63.16    2. Withdrawal from this compact shall be by the enactment of a statute repealing 63.17the same. The effective date of withdrawal shall be the effective date of the repeal of 63.18the statute.63.19    3. The withdrawing state shall immediately notify the president of the Interstate 63.20Commission in writing upon the introduction of legislation repealing this compact in the 63.21withdrawing state. The Interstate Commission shall then notify the other member states of 63.22the withdrawing state's intent to withdraw.63.23    4. The withdrawing state is responsible for all assessments, obligations, and 63.24liabilities incurred through the effective date of withdrawal.63.25    5. Reinstatement following withdrawal of a member state shall occur upon the 63.26withdrawing state reenacting the compact or upon such later date as determined by the 63.27members of the Interstate Commission.63.28    B. Dissolution of Compact63.29    1. This compact shall dissolve effective upon the date of the withdrawal or default 63.30of the member state which reduces the membership in the compact to one member state.63.31    2. Upon the dissolution of this compact, the compact becomes null and void and shall 63.32be of no further force or effect, and the business and affairs of the Interstate Commission 63.33shall be concluded and surplus funds shall be distributed in accordance with the bylaws.63.34ARTICLE XVI. SEVERABILITY AND CONSTRUCTION64.1    A. The provisions of this compact shall be severable, and if any phrase, clause, 64.2sentence, or provision is deemed unenforceable, the remaining provisions of the compact 64.3shall be enforceable.64.4    B. The provisions of this compact shall be liberally construed to effectuate its 64.5purposes.64.6    C. Nothing in this compact shall be construed to prohibit the concurrent applicability 64.7of other interstate compacts to which the states are members.64.8ARTICLE XVII. BINDING EFFECT OF COMPACT64.9AND OTHER LAWS64.10    A. Other Laws64.11    1. Nothing herein prevents the enforcement of any other law of a member state 64.12that is not inconsistent with this compact.64.13    B. Binding Effect of the Compact64.14    1. All lawful actions of the Interstate Commission, including all rules and bylaws 64.15promulgated by the Interstate Commission, are binding upon the member states.64.16    2. All agreements between the Interstate Commission and the member states are 64.17binding in accordance with their terms.64.18    3. In the event any provision of this compact exceeds the constitutional limits 64.19imposed on the legislature of any member state, such provision shall be ineffective to the 64.20extent of the conflict with the constitutional provision in question in that member state.64.21ARTICLE XVIII. INDIAN TRIBES64.22    Notwithstanding any other provision in this compact, the Interstate Commission 64.23may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or 64.24all of the purposes of the compact as specified in Article I. The Interstate Commission 64.25shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to 64.26reflect the diverse circumstances of the various Indian tribes.64.27EFFECTIVE DATE.This section is effective upon legislative enactment of the 64.28compact into law by no less than 35 states. The commissioner of human services shall 64.29inform the Revisor of Statutes when this occurs.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.(a) 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    (b) The purpose of the laws relating to juvenile courts is:65.4    (1) 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    (2) to provide judicial procedures which protect the welfare of the child;65.8    (3) 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    (4) to ensure that when removal from the child's own family is necessary and in the 65.12child's best interests, the responsible social services agency has legal responsibility for 65.13the child removal either:65.14    (i) pursuant to a voluntary placement agreement between the child's parent or 65.15guardian and the responsible social services agency; or65.16    (ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or 65.17260C.201;65.18    (5) to ensure that, when placement is pursuant to court order, the court order 65.19removing the child or continuing the child in foster care contains an individualized 65.20determination that placement is in the best interests of the child that coincides with the 65.21actual removal of the child; and, when removal from the child's own family is necessary 65.22and in the child's best interests,65.23    (6) to secure forensure that when the child is removed, the child custody,child's 65.24care and discipline is, as nearly as possible, equivalent to that which should have been 65.25given by the parents. and is either in:65.26    (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, 65.27subdivision 1, paragraph (a), clause (1);65.28    (ii) the home of a relative pursuant to emergency placement by the responsible social 65.29services agency under chapter 245A; or65.30    (iii) a foster home licensed under chapter 245A.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, or 65.35that is physical or sexual abuse as defined in section 626.556, subdivision 2, 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 as defined in section 626.556, 66.8subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in 66.9subdivision 5 or domestic child abuse as defined in subdivision 5 13, (iii) resides with or 66.10would reside with a perpetrator of domestic child abuse as defined in subdivision 13 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; or66.33    (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 towho 67.3entered foster care under a  voluntary release byplacement agreement between  the parent 67.4and the responsible social services agency 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; or67.18    (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; or67.27    (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.; or67.30    (3) physical or sexual abuse as defined in section 626.556, subdivision 2.67.31    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 statusplacement of a child who has been placedis 68.13in a residential facility, as defined in section 260C.212, subdivision 1,foster care pursuant 68.14to a voluntary release byplacement agreement between the child's parent or parents and 68.15the responsible social services agency under section 260C.212, subdivision 8.68.16    (f) The review of voluntary foster care placement of a child for treatment under 68.17chapter 260D according to the review requirements of that chapter.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 foster care 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 foster care, 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; and69.1    (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; or69.10    (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. Absent exceptional circumstances, hearings under this chapter are presumed to be 70.1accessible to the public, however the court may close any hearing and the records related 70.2to any matter as provided in the Minnesota Rules of Juvenile Protection Procedure.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, 70.11permanency, or termination of parental rights are openaccessible 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: the Minnesota Rules of Juvenile Protection Procedure.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; and70.24    (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; and71.10    (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(b) 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) (c) 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 169.95. 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    (c) 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 if returned to the care of the parent or guardian who has custody and from 72.16whom the child was removed, the court shall order the child into foster care under the 72.17legal 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.or into the home of a noncustodial parent and order the noncustodial parent 72.20to comply with any conditions the court determines to be appropriate to the safety and 72.21care of the child, including cooperating with paternity establishment proceedings in the 72.22case of a man who has not been adjudicated the child's father. The court shall not give 72.23the responsible social services legal custody and order a trial home visit at any time prior 72.24to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a), 72.25clause (3), but may order the child returned to the care of the parent or guardian who 72.26has custody and from whom the child was removed and order the parent or guardian to 72.27comply with any conditions the court determines to be appropriate to meet the safety, 72.28health, and welfare of the child.72.29    (d) 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) (e)  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; or73.8    (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) (g) 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) (f) 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 and that placement 73.24is in the best interest of the child.73.25    (e) (g) 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; or74.1    (5) the provision of services or further services for the purpose of reunification is 74.2futile and therefore unreasonable.74.3    (f) (h) 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) (i) 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) (j) 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) (k) 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 PLACEMENTS74.30FOR TREATMENT.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 aby a parent or guardian under 74.33section 260C.141, subdivision 1, regarding a child in voluntary foster care for treatment 74.34under chapter 260D, 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 260C.201.75.6    (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 260C.307.75.10    (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 may have 75.23access to the criminal history and history of child and adult maltreatment 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; or75.35    (ii) the background study is required under section 
         259.53, subdivision 2; or76.1    (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; and76.5    (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 checkaccessing 76.20information  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; and76.28    (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 sectionaccessing information under subdivision 76.311, 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, local law enforcement data about the household, 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    Subd. 5.Assessment for emergency relative placement.The responsible social 77.6services agency may obtain household members' criminal history and the history of 77.7maltreatment of a child or adult and use the history to assess whether putting the child 77.8in the household would endanger the child's health, safety, or welfare and to assess the 77.9suitability of a relative prior to an emergency placement. This assessment does not 77.10substitute for the background study required under chapter 245C and does not supersede 77.11requirements related to emergency placement under section 245A.035.77.12    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 foster 77.16care by court order or by thea voluntary release of the child byplacement agreement 77.17between the responsible social services agency and the child's parent or parents pursuant 77.18to subdivision 8 or chapter 260D.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 voluntary foster care for treatment under chapter 260D, 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; and78.1    (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; and78.21    (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 foster care, and whether visitation is consistent with the 78.32best interest of the child, during the period the child is in the residential facility foster care;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; and79.15    (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; and79.26    (vii) establishing and maintaining connections with the child's family and 79.27community; and79.28    (9) for a child in placement due solely or in part to the child's emotional disturbance79.29voluntary foster care for treatment under chapter 260D, 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 placementfoster care, 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; and80.29    (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 parents81.14or guardian of each child in a residential facilityfoster care, other than a child in placement 81.15due solely to that child's developmental disability or emotional disturbance voluntary 81.16foster care for treatment under chapter 260D, of the following information:81.17    (1) that residential care of the childchild's placement in foster care  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 residentialfoster  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; and81.35    (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 facilityfoster care.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 emotionally82.3disturbedunder subdivision 8,  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; and82.20    (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) Whether under state guardianship or not, 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 healthsocial and medical history, as defined in section 259.43, 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    Subd. 4a.Monthly caseworker visits with children in foster care.(a) Every 83.4child in foster care or on a trial home visit shall be visited by the child's caseworker on 83.5a monthly basis, with the majority of visits occurring in the child's residence. For the 83.6purposes of this section, the following definitions apply:83.7    (1) "visit" is defined as a face-to-face contact between a child and the child's 83.8caseworker;83.9    (2) "visited on a monthly basis" is defined as at least one visit per calendar month;83.10    (3) "the child's caseworker" is defined as the person who has responsibility for 83.11managing the child's foster care placement case as assigned by the responsible social 83.12service agency; and83.13    (4) "the child's residence" is defined as the home where the child is residing, and 83.14can include the foster home, child care institution, or the home from which the child was 83.15removed if the child is on a trial home visit.83.16    (b) Caseworker visits shall be of sufficient substance and duration to address issues 83.17pertinent to case planning and service delivery to ensure the safety, permanency, and 83.18well-being of the child.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 facilityfoster care no later than 180 days after the initial placement of the child 83.23in a residential facility foster care 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. The administrative 83.26review shall be conducted by the responsible social services agency using a panel of 83.27appropriate persons at least one of whom is not responsible for the case management of, 83.28or the delivery of services to, either the child or the parents who are the subject of the 83.29review. The administrative review shall be open to participation by the parent or guardian 83.30of the child and the child, as appropriate.83.31    (b) As an alternative to the administrative review required in paragraph (a), 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.may, as part of any hearing required under the Minnesota Rules of Juvenile 84.3Protection Procedure, conduct a hearing to monitor and update the out-of-home placement 84.4plan pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph 84.5(d). The party requesting review of the out-of-home placement plan shall give parties to 84.6the proceeding notice of the request to review and update the out-of-home placement 84.7plan. A court review conducted pursuant to section 
         260C.193; 260C.201, subdivision 84.81 or 11
         , or section;260C.141, subdivision 2, or 2a, clause (2); or 260C.317 shall satisfy 84.9the requirement for an administrativethe review so long as the other requirements of 84.10this section are met. 84.11    (b)(c) At the review required under paragraph (a), the reviewing administrative body84.12As appropriate to the stage of the proceedings and relevant court orders, the responsible 84.13social services agency or the court shall review:84.14    (1) the safety, permanency needs, and well-being  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 foster care;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; and84.22    (6) the appropriateness of the services provided to the child.84.23    (d) When a child is age 16 or older, in addition to any administrative review 84.24conducted by the agency, at the review required under section 260C.201, subdivision 11, 84.25paragraph (d), clause (3), item (iii); or 260C.317, subdivision 3, clause (3), the court shall 84.26review the independent living plan required under subdivision 1, paragraph (c), clause 84.27(8), and the provision of services to the child related to the well-being of the child as the 84.28child prepares to leave foster care. The review shall include the actual plans related to 84.29each item in the plan necessary to the child's future safety and well-being when the child is 84.30no longer in foster care.84.31    (1) At the court review, the responsible social services agency shall establish that it 84.32has given the notice required under Minnesota Rules, part 9560.0060, regarding the right 84.33to continued access to services for certain children in foster care past age 18 and of the 84.34right to appeal a denial of social services under section 256.245. If the agency is unable 84.35to establish that the notice, including the right to appeal a denial of social services, has 84.36been given, the court shall require the agency to give it.85.1    (2) The court shall make findings regarding progress toward or accomplishment of 85.2the following goals:85.3    (i) the child has obtained a high school diploma or its equivalent; 85.4    (ii) the child has completed a driver's education course or has demonstrated the 85.5ability to use public transportation in the child's community; 85.6    (iii) the child is employed or enrolled in postsecondary education; 85.7    (iv) the child has applied for and obtained postsecondary education financial aid for 85.8which the child is eligible; 85.9    (v) the child has health care coverage and health care providers to meet the child's 85.10physical and mental health needs; 85.11    (vi) the child has applied for and obtained disability income assistance for which 85.12the child is eligible; 85.13    (vii) the child has obtained affordable housing with necessary supports, which does 85.14not include a homeless shelter; 85.15    (viii) the child has saved sufficient funds to pay for the first month's rent and a 85.16damage deposit; 85.17    (ix) the child has an alternative affordable housing plan, which does not include a 85.18homeless shelter, if the original housing plan is unworkable; 85.19    (x) the child, if male, has registered for the Selective Service; and 85.20    (xi) the child has a permanent connection to a caring adult.85.21    (3) The court shall ensure that the responsible agency in conjunction with the 85.22placement provider assists the child in obtaining the following documents prior to the 85.23child's leaving foster care: a Social Security card; the child's birth certificate; a state 85.24identification card or driver's license, green card, or school visa; the child's school, 85.25medical, and dental records; a contact list of the child's medical, dental, and mental health 85.26providers; and contact information for the child's siblings, if the siblings are in foster care.85.27    Sec. 41. Minnesota Statutes 2006, section 260C.212, subdivision 8, is amended to read:85.28    Subd. 8. Review of Voluntary placements foster care; required court review.85.29    Except for a child in placement due solely to the child's developmental disability or 85.30emotional disturbance, if When the responsible social services agency and the child's 85.31parent or guardian agree that the child's safety, health, and best interests require that the 85.32child be in foster care, the agency and the parent or guardian may enter into a voluntary 85.33agreement for the placement of the child in foster care. The voluntary agreement must be 85.34in writing and in a form approved by the commissioner. When the child has been placed in 85.35a residential facilityfoster care pursuant to a voluntary release byfoster care agreement 86.1between the agency and the parent or parents, under this subdivision and  the child is not 86.2returned home within 90 days after initial placement in the residential facility foster care, 86.3the social services agency responsible for the child's placement in foster care shall:86.4    (1) return the child to the home of the parent or parents; or86.5    (2) file a petition according to section 
         260C.141, subdivision 1 or 2, which may: 86.6    (i) ask the court to review the child's placement in foster care and approve it as 86.7continued voluntary foster care for up to an additional 90 days;86.8    (ii) ask the court to order continued out-of-home placementfoster care 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 placementcontinuing the child in foster 86.13care for up to 90 more days on a voluntary basis, 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.(a) 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) (1) the commissioner of human services; or86.24    (b) (2) a licensed child-placing agency; or86.25    (c)(3) an individual who is willing and capable of assuming the appropriate duties 86.26and responsibilities to the child.86.27    (b) The court shall order transfer of guardianship and legal custody of a child to 86.28the commissioner of human services only when the responsible county social services 86.29agency had legal responsibility for planning for the permanent placement of the child and 86.30the child was in foster care under the legal responsibility of the responsible county social 86.31services agency at the time the court orders guardianship and legal custody transferred to 86.32the commissioner.86.33    Sec. 43. Minnesota Statutes 2006, section 260C.325, subdivision 3, is amended to read:87.1    Subd. 3. Both parents deceased.(a) 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 or the only known legal parent are or is 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)(1) the commissioner of human services;87.8    (b)(2) a licensed child-placing agency; or87.9    (c)(3) an individual who is willing and capable of assuming the appropriate duties 87.10and responsibilities to the child.87.11    (b) The court shall order transfer of guardianship and legal custody of a child to the 87.12commissioner of human services only if there is no individual who is willing and capable 87.13of assuming the appropriate duties and responsibilities to the child.87.14    Sec. 44. [260D.001] CHILD IN VOLUNTARY FOSTER CARE FOR 87.15TREATMENT.87.16    (a) Sections 260D.001 to 260D.301, may be cited as the "child in voluntary foster 87.17care for treatment" provisions of the Juvenile Court Act.87.18    (b) The juvenile court has original and exclusive jurisdiction over a child in 87.19voluntary foster care for treatment upon the filing of a report or petition required under 87.20this chapter. All obligations of the agency to a child and family in foster care contained in 87.21chapter 260C not inconsistent with this chapter are also obligations of the agency with 87.22regard to a child in foster care for treatment under this chapter.87.23    (c) This chapter shall be construed consistently with the mission of the children's 87.24mental health service system as set out in section 245.487, subdivision 3, and the duties of 87.25an agency under section 256B.092, and Minnesota Rules, parts 9525.0004 to 9525.0016, 87.26to meet the needs of a child with a developmental disability or related condition. This 87.27chapter:87.28    (1) establishes voluntary foster care through a voluntary foster care agreement as the 87.29means for an agency and a parent to provide needed treatment when the child must be in 87.30foster care to receive necessary treatment for an emotional disturbance or developmental 87.31disability or related condition;87.32    (2) establishes court review requirements for a child in voluntary foster care for 87.33treatment due to emotional disturbance or developmental disability or a related condition;87.34    (3) establishes the ongoing responsibility of the parent as legal custodian to visit the 87.35child, to plan together with the agency for the child's treatment needs, to be available and 88.1accessible to the agency to make treatment decisions, and to obtain necessary medical, 88.2dental, and other care for the child; and88.3    (4) applies to voluntary foster care when the child's parent and the agency agree that 88.4the child's treatment needs require foster care either:88.5    (i) due to a level of care determination by the agency's screening team informed by 88.6the diagnostic and functional assessment under section 245.4885; or88.7    (ii) due to a determination regarding the level of services needed by the responsible 88.8social services' screening team under section 256B.092, and Minnesota Rules, parts 88.99525.0004 to 9525.0016.88.10    (d) This chapter does not apply when there is a current determination under section 88.11626.556 that the child requires child protective services or when the child is in foster care 88.12for any reason other than treatment for the child's emotional disturbance or developmental 88.13disability or related condition. When there is a determination under section 626.556 that 88.14the child requires child protective services based on an assessment that there are safety 88.15and risk issues for the child that have not been mitigated through the parent's engagement 88.16in services or otherwise, or when the child is in foster care for any reason other than 88.17the child's emotional disturbance or developmental disability or related condition, the 88.18provisions of chapter 260C apply.88.19    (e) The paramount consideration in all proceedings concerning a child in voluntary 88.20foster care for treatment is the safety, health, and the best interests of the child. The 88.21purpose of this chapter is:88.22    (1) to ensure a child with a disability is provided the services necessary to treat or 88.23ameliorate the symptoms of the child's disability;88.24    (2) to preserve and strengthen the child's family ties whenever possible and in the 88.25child's best interests, approving the child's placement away from the child's parents only 88.26when the child's need for care or treatment requires it and the child cannot be maintained 88.27in the home of the parent; and88.28    (3) to ensure the child's parent retains legal custody of the child and associated 88.29decision-making authority unless the child's parent willfully fails or is unable to make 88.30decisions that meet the child's safety, health, and best interests. The court may not find 88.31that the parent willfully fails or is unable to make decisions that meet the child's needs 88.32solely because the parent disagrees with the agency's choice of foster care facility, unless 88.33the agency files a petition under chapter 260C, and establishes by clear and convincing 88.34evidence that the child is in need of protection or services.88.35    (f) The legal parent-child relationship shall be supported under this chapter by 88.36maintaining the parent's legal authority and responsibility for ongoing planning for the 89.1child and by the agency's assisting the parent, where necessary, to exercise the parent's 89.2ongoing right and obligation to visit or to have reasonable contact with the child. Ongoing 89.3planning means:89.4    (1) actively participating in the planning and provision of educational services, 89.5medical, and dental care for the child;89.6    (2) actively planning and participating with the agency and the foster care facility 89.7for the child's treatment needs; and89.8    (3) planning to meet the child's need for safety, stability, and permanency, and the 89.9child's need to stay connected to the child's family and community.89.10    (g) The provisions of section 260.012 to ensure placement prevention, family 89.11reunification, and all active and reasonable effort requirements of that section apply. This 89.12chapter shall be construed consistently with the requirements of the Indian Child Welfare 89.13Act of 1978, United States Code, title 25, section 1901, et. al., and the provisions of the 89.14Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.89.15    Sec. 45. [260D.005] DEFINITIONS.89.16    Subdivision 1.Definitions.The definitions in this section supplement the definitions 89.17in section 260C.007. The definitions in section 260C.007 apply to this chapter and have 89.18the same meaning for purposes of this chapter as for chapter 260C.89.19    Subd. 2.Agency."Agency" means the responsible social services agency or 89.20a licensed child-placing agency.89.21    Subd. 3.Case plan."Case plan" means any plan for the delivery of services 89.22to a child and parent, or when reunification is not required, the child alone, that is 89.23developed according to the requirements of sections 245.4871, subdivision 19 or 21; 89.24245.492, subdivision 16; 256B.092; 260C.212, subdivision 1; 626.556, subdivision 10; 89.25and Minnesota Rules, parts 9525.0004 to 9525.0016.89.26    Subd. 4.Child."Child" means an individual under 18 years of age.89.27    Subd. 5.Child in voluntary foster care for treatment."Child in voluntary foster 89.28care for treatment" means a child who is emotionally disturbed or developmentally 89.29disabled or has a related condition and is in foster care under a voluntary foster care 89.30agreement between the child's parent and the agency due to concurrence between the 89.31agency and the parent that the child's level of care requires placement in foster care either:89.32    (1) due to a determination by the agency's screening team based on its review of the 89.33diagnostic and functional assessment under section 245.4885; or90.1    (2) due to a determination by the agency's screening team under section 256B.092 90.2and Minnesota Rules, parts 9525.0004 to 9525.0016.90.3    A child is not in voluntary foster care for treatment under this chapter when there 90.4is a current determination under section 626.556 that the child requires child protective 90.5services or when the child is in foster care for any reason other than the child's emotional 90.6or developmental disability or related condition.90.7    Subd. 6.Compelling reasons."Compelling reasons" has the same meaning given 90.8in section 260C.007, subdivision 8. The agency may determine compelling reasons when 90.9the child is in foster care for treatment and no grounds to terminate parental rights exist 90.10because the child must be in placement to access treatment, the child's individual treatment 90.11needs cannot be met in the childs' home or through community-based care, and the parent 90.12continues to be responsible for planning together with the agency for the child's needs and 90.13maintains appropriate contact with the child.90.14    Subd. 7.Court."Court" means juvenile court unless otherwise specified in this 90.15section.90.16    Subd. 8.Development disability."Developmental disability" means developmental 90.17disability as defined in United States Code, title 42, section 6001(8).90.18    Subd. 9.Emotionally disturbed or emotional disturbance."Emotionally 90.19disturbed" or "emotional disturbance" means emotional disturbance as described in 90.20section 245.4871, subdivision 15.90.21    Subd. 10.Foster care."Foster care" means 24-hour substitute care for children 90.22placed away from their parents and for whom an agency has placement and care 90.23responsibility. Foster care includes, but is not limited to, placement in foster family homes, 90.24foster homes of relatives, group homes, emergency shelters, residential facilities not 90.25excluded in this subdivision, child care institutions, and preadoptive homes. A child is in 90.26foster care under this definition, regardless of whether the facility is licensed and payments 90.27are made for the cost of care. Nothing in this definition creates any authority to place a 90.28child in a home or facility that is required to be licensed that is not licensed. Foster care 90.29does not include placement in any of the following facilities: hospitals, inpatient chemical 90.30dependency treatment facilities, facilities that are primarily for delinquent children, 90.31any corrections facility or program within a particular corrections facility not meeting 90.32requirements for Title IV-E facilities as determined by the commissioner, facilities to 90.33which a child is committed under the provision of chapter 253B, forestry camps, or jails.90.34    Subd. 11.Legal authority to place the child."Legal authority to place the child" 90.35means the agency has legal responsibility for the care and control of the child while the 91.1child is in foster care. The agency may acquire legal authority to place a child through 91.2a voluntary placement agreement between the agency and the child's parent under this 91.3chapter. Legal authority to place the child does not mean the agency has authority to make 91.4major life decisions regarding the child, including major medical decisions. A parent with 91.5legal custody of the child continues to have legal authority to make major life decisions 91.6regarding the child, including major medical decisions.91.7    Subd. 12.Minor."Minor" means an individual under 18 years of age.91.8    Subd. 13.Parent."Parent" means the birth or adoptive parent of a minor. Parent 91.9also means the child's legal guardian or any individual who has legal authority to 91.10make decisions and plans for the child. For an Indian child, parent includes any Indian 91.11person who has adopted a child by tribal law or custom, as provided in section 260.755, 91.12subdivision 14.91.13    Subd. 14.Reasonable efforts to finalize a permanent plan for the child.91.14    "Reasonable efforts to finalize a permanent plan for the child" has the same meaning under 91.15this chapter as provided in section 260.012, paragraph (e).91.16    Sec. 46. [260D.101] VOLUNTARY FOSTER CARE.91.17    Subdivision 1.Voluntary foster care.When the agency's screening team, based 91.18upon the diagnostic and functional assessment under section 245.4885 or 256B.092, 91.19subdivision 7, determines the child's need for treatment due to emotional disturbance or 91.20developmental disability or related condition requires foster care placement of the child, 91.21a voluntary foster care agreement between the child's parent and the agency gives the 91.22agency legal authority to place the child in foster care.91.23    Subd. 2.Voluntary foster care agreement.A voluntary foster care agreement 91.24shall be used to provide the agency the legal authority to place a child in foster care for 91.25treatment due to the child's disability. The agreement must be in writing and signed by 91.26both the child's parent and the agency. The agreement must be in a form approved by the 91.27commissioner of human services, and shall contain notice to parents of the consequences 91.28to the parent and to the child of being in voluntary foster care.91.29    Sec. 47. [260D.102] REQUIRED INFORMATION FOR A CHILD IN 91.30VOLUNTARY FOSTER CARE FOR TREATMENT.91.31    An agency with authority to place a child in voluntary foster care for treatment due 91.32to emotional disturbance or developmental disability or related condition, shall inform the 91.33child, age 12 or older, of the following:92.1    (1) the child has the right to be consulted in the preparation of the out-of-home 92.2placement plan required under section 260C.212, subdivision 1, and the administrative 92.3review required under section 260C.212, subdivision 7;92.4    (2) the child has the right to visit the parent and the right to visit the child's siblings 92.5as determined safe and appropriate by the parent and the agency;92.6    (3) if the child disagrees with the foster care facility or services provided under 92.7the out-of-home placement plan required under section 260C.212, subdivision 1, the 92.8agency shall include information about the nature of the child's disagreement and, to the 92.9extent possible, the agency's understanding of the basis of the child's disagreement in the 92.10information provided to the court in the report required under section 260D.105; and92.11    (4) the child has the rights established under Minnesota Rules, part 2960.0050, as a 92.12resident of a facility licensed by the state.92.13    Sec. 48. [260D.103] ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY 92.14FOSTER CARE FOR TREATMENT.92.15    The administrative reviews required under section 260C.212, subdivision 7, must 92.16be conducted for a child in voluntary foster care for treatment, except that the initial 92.17administrative review must take place prior to the submission of the report to the court 92.18required under section 260D.105, subdivision 2.92.19    Sec. 49. [260D.105] AGENCY REPORT TO THE COURT AND COURT 92.20REVIEW OF CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT DUE 92.21TO DISABILITY.92.22    Subdivision 1.Judicial review.In the case of a child in voluntary foster care for 92.23treatment due to disability under section 260D.101, the agency shall obtain judicial review 92.24of the child's voluntary foster care placement within 165 days of the placement.92.25    Subd. 2.Agency report to court; court review.The agency shall obtain judicial 92.26review by reporting to the court according to the following procedures:92.27    (a) A written report shall be forwarded to the court within 165 days of the date of the 92.28voluntary placement agreement. The written report shall contain or have attached:92.29    (1) a statement of facts that necessitate the child's foster care placement;92.30    (2) the child's name, date of birth, race, gender, and current address;92.31    (3) the names, race, date of birth, residence, and post office addresses of the child's 92.32parents or legal custodian;93.1    (4) a statement regarding the child's eligibility for membership or enrollment in an 93.2Indian tribe and the agency's compliance with applicable provisions of sections 260.751 to 93.3260.835;93.4    (5) the names and addresses of the foster parents or chief administrator of the facility 93.5in which the child is placed, if the child is not in a family foster home or group home;93.6    (6) a copy of the out-of-home placement plan required under section 260C.212, 93.7subdivision 1;93.8    (7) a written summary of the proceedings of any administrative review required 93.9under section 260C.212, subdivision 7; and93.10    (8) any other information the agency, parent or legal custodian, the child or the foster 93.11parent, or other residential facility wants the court to consider.93.12    (b) In the case of a child in placement due to emotional disturbance, the written 93.13report shall include as an attachment, the child's individual treatment plan developed by 93.14the child's treatment professional, as provided in section 245.4871, subdivision 21, or 93.15the child's individual interagency intervention plan, as provided in section 125A.023, 93.16subdivision 3, paragraph (c).93.17    (c) In the case of a child in placement due to developmental disability or a related 93.18condition, the written report shall include as an attachment, the child's individual service 93.19plan, as provided in section 256B.092, subdivision 1b; the child's individual program 93.20plan, as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver 93.21care plan; or the child's individual interagency intervention plan, as provided in section 93.22125A.023, subdivision 3, paragraph (c).93.23    (d) The agency must inform the child, age 12 or older, the child's parent, and the 93.24foster parent or foster care facility of the reporting and court review requirements of this 93.25section and of their right to submit information to the court:93.26    (1) if the child or the child's parent or the foster care provider wants to send 93.27information to the court, the agency shall advise those persons of the reporting date and the 93.28date by which the agency must receive the information they want forwarded to the court so 93.29the agency is timely able submit it with the agency's report required under this subdivision;93.30    (2) the agency must also inform the child, age 12 or older, the child's parent, and 93.31the foster care facility that they have the right to be heard in person by the court and 93.32how to exercise that right;93.33    (3) the agency must also inform the child, age 12 or older, the child's parent, and 93.34the foster care provider that an in-court hearing will be held if requested by the child, 93.35the parent, or the foster care provider; and94.1    (4) if, at the time required for the report under this section, a child, age 12 or older, 94.2disagrees about the foster care facility or services provided under the out-of-home 94.3placement plan required under section 260C.212, subdivision 1, the agency shall include 94.4information regarding the child's disagreement, and to the extent possible, the basis for the 94.5child's disagreement in the report required under this section.94.6    (e) After receiving the required report, the court has jurisdiction to make the 94.7following determinations and must do so within ten days of receiving the forwarded 94.8report, whether a hearing is requested:94.9    (1) whether the voluntary foster care arrangement is in the child's best interests;94.10    (2) whether the parent and agency are appropriately planning for the child; and94.11    (3) in the case of a child age 12 or older, who disagrees with the foster care facility 94.12or services provided under the out-of-home placement plan, whether it is appropriate to 94.13appoint counsel and a guardian ad litem for the child using standards and procedures 94.14under section 260C.163.94.15    (f) Unless requested by a parent, representative of the foster care facility, or the 94.16child, no in-court hearing is required in order for the court to make findings and issue an 94.17order as required in paragraph (e).94.18    (g) If the court finds the voluntary foster care arrangement is in the child's best 94.19interests and that the agency and parent are appropriately planning for the child, the 94.20court shall issue an order containing explicit, individualized findings to support its 94.21determination. The individualized findings shall be based on the agency's written report 94.22and other materials submitted to the court. The court may make this determination 94.23notwithstanding the child's disagreement, if any, reported under paragraph (d).94.24    (h) The court shall send a copy of the order to the county attorney, the agency, 94.25parent, child, age 12 or older, and the foster parent or foster care facility.94.26    (i) The court shall also send the parent, the child, age 12 or older, the foster parent, or 94.27representative of the foster care facility notice of the permanency review hearing required 94.28under section 260D.107, paragraph (e).94.29    (j) If the court finds continuing the voluntary foster care arrangement is not in the 94.30child's best interests or that the agency or the parent are not appropriately planning for the 94.31child, the court shall notify the agency, the parent, the foster parent or foster care facility, 94.32the child, age 12 or older, and the county attorney of the court's determinations and the 94.33basis for the court's determinations. In this case, the court shall set the matter for hearing 94.34and appoint a guardian ad litem for the child under section 260C.163, subdivision 5.94.35    Sec. 50. [260D.107] REQUIRED PERMANENCY REVIEW HEARING.95.1    (a) When the court has found that the voluntary arrangement is in the child's best 95.2interests and that the agency and parent are appropriately planning for the child pursuant 95.3to the report submitted under section 260D.105, and the child continues in voluntary 95.4foster care as defined in section 260D.005, subdivision 10, for 13 months from the date 95.5of the voluntary foster care agreement, or has been in placement for 15 of the last 22 95.6months, the agency must:95.7    (1) terminate the voluntary foster care agreement and return the child home; or95.8    (2) determine whether there are compelling reasons to continue the voluntary foster 95.9care arrangement and, if the agency determines there are compelling reasons, seek judicial 95.10approval of its determination; or95.11    (3) file a petition for the termination of parental rights.95.12    (b) When the agency is asking for the court's approval of its determination that there 95.13are compelling reasons to continue the child in the voluntary foster care arrangement, the 95.14agency shall file a "Petition for Permanency Review Regarding a Child in Voluntary 95.15Foster Care for Treatment" and ask the court to proceed under this section.95.16    (c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster 95.17Care for Treatment" shall be drafted or approved by the county attorney and be under 95.18oath. The petition shall include:95.19    (1) the date of the voluntary placement agreement;95.20    (2) whether the petition is due to the child's developmental disability or emotional 95.21disturbance;95.22    (3) the plan for the ongoing care of the child and the parent's participation in the plan;95.23    (4) a description of the parent's visitation and contact with the child;95.24    (5) the date of the court finding that the foster care placement was in the best 95.25interests of the child, if required under section 260D.105, or the date the agency filed the 95.26motion under section 260D.201, paragraph (b);95.27    (6) the agency's reasonable efforts to finalize the permanent plan for the child, 95.28including returning the child to the care of the child's family; and 95.29    (7) a citation to this chapter as the basis for the petition.95.30    (d) An updated copy of the out-of-home placement plan required under section 95.31260C.212, subdivision 1, shall be filed with the petition.95.32    (e) The court shall set the date for the permanency review hearing no later than 14 95.33months after the child has been in placement or within 30 days of the petition filing date 95.34when the child has been in placement 15 of the last 22 months. The court shall serve the 95.35petition together with a notice of hearing by United States mail on the parent, the child 96.1age 12 or older, the child's guardian ad litem, if one has been appointed, the agency, the 96.2county attorney, and counsel for any party.96.3    (f) The court shall conduct the permanency review hearing on the petition no later 96.4than 14 months after the date of the voluntary placement agreement, within 30 days of the 96.5filing of the petition when the child has been in placement 15 days of the last 22 months, 96.6or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster 96.7care under chapter 260C, as provided in section 260D.201, paragraph (b).96.8    (g) At the permanency review hearing, the court shall:96.9    (1) inquire of the parent if the parent has reviewed the "Petition for Permanency 96.10Review Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is 96.11accurate, and whether the parent agrees to the continued voluntary foster care arrangement 96.12as being in the child's best interests;96.13    (2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts 96.14to finalize the permanent plan for the child, including whether there are services available 96.15and accessible to the parent that might allow the child to safely be with the child's family;96.16    (3) inquire of the parent if the parent consents to the court entering an order that:96.17    (i) approves the responsible agency's reasonable efforts to finalize the permanent 96.18plan for the child, which includes ongoing future planning for the safety, health, and best 96.19interests of the child; and96.20    (ii) approves the responsible agency's determination that there are compelling reasons 96.21why the continued voluntary foster care arrangement is in the child's best interests; and96.22    (4) inquire of the child's guardian ad litem and any other party whether the guardian 96.23or the party agrees that:96.24    (i) the court should approve the responsible agency's reasonable efforts to finalize 96.25the permanent plan for the child, which includes ongoing and future planning for the 96.26safety, health, and best interests of the child; and 96.27    (ii) the court should approve of the responsible agency's determination that there 96.28are compelling reasons why the continued voluntary foster care arrangement is in the 96.29child's best interests.96.30    (h) At a permanency review hearing under this section, the court may take the 96.31following actions based on the contents of the sworn petition and the consent of the parent:96.32    (1) approve the agency's compelling reasons that the voluntary foster care 96.33arrangement is in the best interests of the child; and96.34    (2) find that the agency has made reasonable efforts to finalize a plan for the 96.35permanent plan for the child.97.1    (i) A child, age 12 or older, may object to the agency's request that the court approve 97.2its compelling reasons for the continued voluntary arrangement and may be heard on the 97.3reasons for the objection. Notwithstanding the child's objection, the court may approve 97.4the agency's compelling reasons and the voluntary arrangement.97.5    (j) If the court does not approve the voluntary arrangement after hearing from the 97.6child or the child's guardian ad litem, the court shall dismiss the petition. In this case, 97.7either:97.8    (1) the child must be returned to the care of the parent; or97.9    (2) the agency must file a petition under section 260C.141, asking for appropriate 97.10relief under section 260C.201, subdivision 11, or 260C.301.97.11    (k) When the court approves the agency's compelling reasons for the child to 97.12continue in voluntary foster care for treatment, and finds that the agency has made 97.13reasonable efforts to finalize a permanent plan for the child, the court shall approve the 97.14continued voluntary foster care arrangement, and continue the matter under the court's 97.15jurisdiction for the purposes of reviewing the child's placement every 12 months while 97.16the child is in foster care.97.17    (l) A finding that the court approves the continued voluntary placement means 97.18the agency has continued legal authority to place the child while a voluntary placement 97.19agreement remains in effect. The parent or the agency may terminate a voluntary 97.20agreement as provided in section 260D.301. Termination of a voluntary foster care 97.21placement of an Indian child is governed by section 260.765, subdivision 4.97.22    Sec. 51. [260D.109] ANNUAL REVIEW.97.23    (a) After the court conducts a permanency review hearing under section 260D.107, 97.24the matter must be returned to the court for further review of the child's foster care 97.25placement at least every 12 months while the child is in foster care. The court shall give 97.26notice to the parent and child, age 12 or older, and the foster parents of the continued 97.27review requirements under this section at the permanency review hearing.97.28    (b) Every 12 months, the court shall determine whether the agency made reasonable 97.29efforts to finalize the permanency plan for the child, which means the exercise of due 97.30diligence by the agency to:97.31    (1) ensure that the agreement for voluntary foster care is the most appropriate legal 97.32arrangement to meet the child's safety, health, and best interests;97.33    (2) engage and support the parent in continued involvement in planning and decision 97.34making for the needs of the child;97.35    (3) strengthen the child's ties to the parent, relatives, and community;98.1    (4) implement the out-of-home placement plan required under section 260C.212, 98.2subdivision 1, and ensure that the plan requires the provision of appropriate services to 98.3address the physical health, mental health, and educational needs of the child; and98.4    (5) ensure appropriate planning for the child's safe, permanent, and independent 98.5living arrangement after the child's 18th birthday.98.6    Sec. 52. [260D.201] PERMANENCY REVIEW AFTER ADJUDICATION 98.7UNDER CHAPTER 260C.98.8    (a) If a child has been ordered into foster care under section 260C.178 or 260C.201, 98.9subdivision 1, and the conditions that led to the court's order have been corrected so 98.10that the child could safely return home except for the child's need to continue in foster 98.11care for treatment due to the child's disability, the child's parent and the agency may 98.12enter into a voluntary foster care agreement under this chapter using the procedure set 98.13out in paragraph (b).98.14    (b) When the agency and the parent agree to enter into a voluntary foster care 98.15agreement under this chapter, the agency must file a motion to terminate jurisdiction 98.16under section 260C.193, subdivision 6, and to dismiss the order for foster care under 98.17section 260C.178 or 260C.201, subdivision 1, together with the petition required under 98.18section 260D.107, paragraph (b), for permanency review and the court's approval of the 98.19voluntary arrangement.98.20    (c) The court shall send the motion and the petition filed under subdivision 2 together 98.21with a notice of hearing by mail as required in section 260D.107, paragraph (e).98.22    (d) The petition and motion under this section must be filed no later than the time 98.23the agency is required to file a petition for permanent placement under section 260C.201, 98.24subdivision 11, but may be filed as soon as the agency and the parent agree that the child 98.25should remain in foster care under a voluntary foster care agreement, because the child 98.26needs treatment and voluntary foster care is in the child's best interest.98.27    (e) In order for the agency to have continuous legal authority to place the child, the 98.28parent and the agency must execute a voluntary foster care agreement for the child's 98.29continuation in foster care for treatment prior to the termination of the order for foster care 98.30under section 260C.178 or 260C.201, subdivision 1. The parent and agency may execute 98.31the voluntary foster care agreement at or before the permanency review hearing required 98.32under this section. The voluntary foster care agreement shall not be effective until the 98.33court terminates jurisdiction under section 260C.193, subdivision 6, and dismisses the 98.34order for foster care under section 260C.178 or 260C.201, subdivision 1. Unless the 98.35agency and the parent execute a voluntary placement agreement for the child to continue 99.1in voluntary foster care for treatment, the agency shall not have legal authority to place the 99.2child after the court terminates jurisdiction under chapter 260C.99.3    Sec. 53. [260D.301] TERMINATION OF VOLUNTARY PLACEMENT 99.4AGREEMENT.99.5    (a) The child's parent may terminate a voluntary placement agreement under this 99.6chapter upon written notice to the agency of the termination of the agreement. The 99.7termination of a voluntary foster care agreement regarding an Indian child shall be 99.8governed by section 260.765, subdivision 4.99.9    (b) The agency may terminate a voluntary placement agreement under this section 99.10upon written notice of the termination of the agreement to the parent. Prior to sending 99.11notice of termination of the voluntary foster care placement agreement, the agency shall 99.12contact the parent regarding transition planning under paragraph (e). Written notice by 99.13the agency shall be considered received by the parent three business days after mailing 99.14by the agency.99.15    (c) Upon receipt of notice of the termination of the voluntary foster care agreement, 99.16the agency, the parent, and the facility may agree to a time that the child shall return home. 99.17The scheduled time to return home shall meet the child's need for safety and reasonable 99.18transition. Unless otherwise agreed by the parent and the agency, the child's return home 99.19shall not occur sooner than 72 hours and not later than 30 days after written notice of 99.20termination is received or sent by the agency.99.21    (d) A parent who disagrees with the termination of a voluntary foster care agreement 99.22by the agency under this chapter has the right to a fair hearing under section 256.045 to 99.23appeal the termination of the voluntary foster care agreement. When the agency gives 99.24written notice to the parent of the termination of the agreement, the agency must also give 99.25the parent notice of the parent's right to a fair hearing under section 256.045 to appeal the 99.26agency's decision to terminate the voluntary foster care agreement.99.27    (e) The agency and the child's parents shall engage in transition planning for the 99.28child's return home, including establishing a scheduled time for the child to return home, 99.29an increased visitation plan between the parent and child, and a plan for what services 99.30will be provided and in place upon the child's return home.99.31    (f) Notice of termination of voluntary foster care agreement does not terminate the 99.32agreement. The voluntary foster care agreement and the agency's legal authority to place 99.33the child are terminated by the child's return home or by court order.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 child 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. The local welfare agency shall determine if the report is accepted for an 100.22assessment or investigation as soon as possible but in no event longer than 24 hours 100.23after the report is received. 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 harminjury 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. TARGETED CASE MANAGEMENT SERVICES FOR CHILDREN.101.23    The commissioner of human services shall seek an amendment to the state plan to 101.24provide targeted case management services to children with developmental disabilities 101.25who are in need of activities that coordinate and link social and other services designed 101.26to help children gain access to needed medical, social, educational, and other services 101.27under Minnesota Statutes, section 256B.092.101.28    Sec. 58. REVISOR'S INSTRUCTION.101.29    In each section of Minnesota Statutes referred to in column A, the revisor of statutes 101.30shall delete the reference in column B and insert the reference in column C.

102.1Column AColumn BColumn C102.2259.67260.851, article 5260.853, article 4102.3256B.094260.851260.853

102.4EFFECTIVE DATE.This section is effective upon legislative enactment of the 102.5interstate compact in section 23 by no less than 35 states.102.6    Sec. 59.  REPEALER.102.7(a) Minnesota Statutes 2006, section 260.851, is repealed effective upon legislative 102.8enactment of the interstate compact in section 23 by no less than 35 states. The 102.9commissioner of human services shall inform the revisor of statutes when this occurs.102.10(b) Minnesota Statutes 2006, sections 260B.241; 260C.141, subdivision 2a; 102.11260C.207; 260C.431; and 260C.435, are repealed.102.12(c) Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 9, is 102.13repealed.102.14Minnesota Rules, parts 9560.0092; 9560.0093, subpart 2; and 9560.0609, are 102.15repealed.102.16ARTICLE 7102.17DATA PRIVACY102.18    Section 1. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision 102.19to read:102.20    Subd. 12.Child care resource and referral programs.This subdivision applies to 102.21data collected by child care resource and referral programs under section 119B.19. Data 102.22collected under section 119B.19 are not licensing data under subdivision 4. Data on 102.23unlicensed family child care providers are data on individuals governed by subdivision 102.242. In addition to the disclosures authorized by this section, the names and addresses of 102.25unlicensed family child care providers may be disclosed to the commissioner of education 102.26for purposes of promoting and evaluating school readiness.102.27    Sec. 2. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision to 102.28read:102.29    Subd. 13.Family, friend, and neighbor grant program. This subdivision applies 102.30to data collected by family, friend, and neighbor (FFN) grantees under section 119B.232. 102.31Data collected under section 119B.232 are data on individuals governed by subdivision 2. 102.32The commissioner may disclose private data collected under this section to early childhood 103.1care and education experts at the University of Minnesota to evaluate the impact of the 103.2grants under subdivision 2 on children's school readiness and to evaluate the FFN grant 103.3program. The commissioner may disclose the names and addresses of FFN caregivers to 103.4the commissioner of education for purposes of promoting and evaluating school readiness.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    Subd. 3.Data classification for child care practitioner professional development 104.19system.This subdivision applies to data collected under this section by the child care 104.20practitioner professional development system. Data collected under this section is welfare 104.21data under section 13.46 but is not licensing data under section 13.46, subdivision 4. 104.22Data on individuals who are licensed family child care providers are private data on 104.23individuals governed by section 13.46, subdivision 2. The commissioner may disclose 104.24nonpublic data collected under this section as described in section 13.46, subdivision 2. 104.25The commissioner also may disclose private and nonpublic data collected under this 104.26section to the following entities:104.27    (1) personnel of the welfare system who require the data for child care licensing 104.28purposes;104.29    (2) personnel of the welfare system who require the data to administer or evaluate 104.30the child care assistance program;104.31    (3) the commissioner of education for purposes of implementing, administering, and 104.32evaluating the child care practitioner professional development system;104.33    (4) the commissioner of health for purposes of implementing and administering 104.34this section; and 104.35    (5) an individual's employer for purposes of tracking and verifying employee 104.36training, education, and expertise."105.1Delete the title and insert:105.2"A bill for an act105.3relating 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

106.1We request the adoption of this report and repassage of the bill.106.2House Conferees:(Signed)106.3
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                     						106.4Neva WalkerNora Slawik106.5
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                     						106.6Bud Nornes106.7Senate Conferees:(Signed)106.8
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                     						106.9Patricia Torres RayBetsy L. Wergin106.10
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                     						106.11Linda Berglin