1.1 	A bill for an act
1.2 	relating to human services; amending child welfare and licensing provisions; 
1.3 	adopting a new Interstate Compact for the Placement of Children and repealing 
1.4 	the old compact; regulating child and adult adoptions; regulating children 
1.5 	in voluntary foster care for treatment; amending Minnesota Statutes 2006, 
1.6 	sections 13.46, by adding subdivisions; 245C.24, subdivision 2; 245C.29, 
1.7 	subdivision 2; 256.045, subdivisions 3, 3b; 259.20, subdivision 1; 259.21, by 
1.8 	adding a subdivision; 259.22, subdivision 2; 259.23, subdivision 2; 259.43; 
1.9 	259.52, subdivision 2; 259.53, subdivision 3; 259.59, subdivisions 1, 2; 
1.10 	259.67, subdivisions 2, 3, by adding a subdivision; 259.75, subdivision 5; 
1.11 	259.89, subdivisions 1, 2, 4, by adding a subdivision; 260C.001, subdivision 
1.12 	2; 260C.007, subdivisions 5, 6, 13; 260C.101, subdivision 2; 260C.141, 
1.13 	subdivision 2; 260C.171, subdivision 2; 260C.178, subdivision 1; 260C.205; 
1.14 	260C.212, subdivisions 7, 8, by adding a subdivision; 260C.325, subdivisions 
1.15 	1, 3; 524.2-114; 626.556, subdivision 7; Minnesota Statutes 2007 Supplement, 
1.16 	sections 245C.14, subdivision 1; 245C.15, subdivisions 2, 3, 4; 245C.24, 
1.17 	subdivision 3; 245C.27, subdivision 1; 259.41, subdivision 1; 259.57, subdivision 
1.18 	1; 259.67, subdivision 4; 260C.163, subdivision 1; 260C.209, subdivisions 1, 
1.19 	2, by adding a subdivision; 260C.212, subdivisions 1, 4; 626.556, subdivision 
1.20 	10a; Laws 2007, chapter 147, article 2, section 56; proposing coding for new 
1.21 	law in Minnesota Statutes, chapters 259; 260; proposing coding for new law as 
1.22 	Minnesota Statutes, chapter 260D; repealing Minnesota Statutes 2006, sections 
1.23 	260.851; 260C.141, subdivision 2a; 260C.431; 260C.435; Minnesota Statutes 
1.24 	2007 Supplement, section 260C.212, subdivision 9; Minnesota Rules, part 
1.25 	9560.0609.
1.26 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.27 	ARTICLE 1
1.28 	CHILD WELFARE

1.29 	Section 1. Minnesota Statutes 2006, section 259.20, subdivision 1, is amended to read:
1.30 		Subdivision 1.Policy and purpose. The policy of the state of Minnesota and the 
1.31 	purpose of sections 259.20 to 259.69 is to ensure: 
2.1 	(1) that the best interests of children adopted persons are met in the planning and 
2.2 	granting of adoptions; and
2.3 	(2) that laws and practices governing adoption recognize the diversity of Minnesota's 
2.4 	population and the diverse needs of persons affected by adoption.

2.5 	Sec. 2. Minnesota Statutes 2006, section 259.21, is amended by adding a subdivision 
2.6 	to read:
2.7 		Subd. 2a.Adult adoption. "Adult adoption" means the adoption of a person 
2.8 	at least 18 years of age.

2.9 	Sec. 3. Minnesota Statutes 2006, section 259.22, subdivision 2, is amended to read:
2.10 		Subd. 2.ChildrenPersons who may be adopted. No petition for adoption shall be 
2.11 	filed unless the childperson sought to be adopted has been placed by the commissioner 
2.12 	of human services, the commissioner's agent, or a licensed child-placing agency. The 
2.13 	provisions of this subdivision shall not apply if
2.14 	(a) the child person to be adopted is over 14 years of age;
2.15 	(b) the child is sought to be adopted by an individual who is related to the child, as 
2.16 	defined by section 245A.02, subdivision 13; 
2.17 	(c) the child has been lawfully placed under the laws of another state while the child 
2.18 	and petitioner resided in that other state;
2.19 	(d) the court waives the requirement of this subdivision in the best interests of the 
2.20 	child or petitioners, provided that the adoption does not involve a placement as defined in 
2.21 	section 259.21, subdivision 8; or 
2.22 	(e) the child has been lawfully placed under section 259.47. 

2.23 	Sec. 4. Minnesota Statutes 2006, section 259.23, subdivision 2, is amended to read:
2.24 		Subd. 2.Contents of petition. The petition shall be signed by the petitioner and, if 
2.25 	married, by the spouse. It shall be verified, and filed in duplicate. The petition shall allege:
2.26 	(a) The full name, age and place of residence of petitioner, and if married, the date 
2.27 	and place of marriage;
2.28 	(b) The date petitioner acquired physical custody of the child and from what person 
2.29 	or agency;
2.30 	(c) The date of birth of the child person to be adopted, if known, and the state and 
2.31 	county where born;
2.32 	(d) The name of the child's parents, if known, and the guardian if there be one;
3.1 	(e) The actual name of the child person to be adopted, if known, and any known 
3.2 	aliases;
3.3 	(f) The name to be given the childperson to be adopted if a change of name is 
3.4 	desired;
3.5 	(g) The description and value of any real or personal property owned by the child
3.6 	person to be adopted;
3.7 	(h) That the petitioner desires that the relationship of parent and child be established 
3.8 	between petitioner and the child, and that it is to the the person to be adopted and that 
3.9 	adoption is in the best interests of the child for the child person to be adopted by the 
3.10 	petitioner.
3.11 	In agency placements, the information required in clauses (d) and (e) shall not 
3.12 	be required to be alleged in the petition but shall be transmitted to the court by the 
3.13 	commissioner of human services or the agency.

3.14 	Sec. 5. [259.241] ADULT ADOPTION.
3.15 	(a) Any adult person may be adopted, regardless of his or her residence. A resident 
3.16 	of Minnesota may petition the court of record having jurisdiction of adoption proceedings 
3.17 	to adopt an individual who has reached the age of 18 years or older.
3.18 	(b) The consent of the person to be adopted shall be the only consent necessary, 
3.19 	according to section 259.24. The consent of an adult in his or her own adoption is invalid 
3.20 	if the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, 
3.21 	or if the person consenting to the adoption is determined not competent to give consent.
3.22 	(c) The decree of adoption establishes a parent-child relationship between the 
3.23 	adopting parent or parents and the person adopted, including the right to inherit, and also 
3.24 	terminates the parental rights and sibling relationship between the adopted person and the 
3.25 	adopted person's birth parents and siblings according to section 259.59.
3.26 	(d) If the adopted person requests a change of name, the adoption decree shall 
3.27 	order the name change.

3.28 	Sec. 6. Minnesota Statutes 2007 Supplement, section 259.41, subdivision 1, is 
3.29 	amended to read:
3.30 		Subdivision 1.Study required before placement; certain relatives excepted. (a) 
3.31 	An approved adoption study; completed background study, as required under section 
3.32 	245C.33; and written report must be completed before the child is placed in a prospective 
3.33 	adoptive home under this chapter, except as allowed by section 259.47, subdivision 6. 
3.34 	In an agency placement, the report must be filed with the court at the time the adoption 
4.1 	petition is filed. In a direct adoptive placement, the report must be filed with the court in 
4.2 	support of a motion for temporary preadoptive custody under section 259.47, subdivision 
4.3 	3, or, if the study and report are complete, in support of an emergency order under section 
4.4 	259.47, subdivision 6. The study and report shall be completed by a licensed child-placing 
4.5 	agency and must be thorough and comprehensive. The study and report shall be paid for 
4.6 	by the prospective adoptive parent, except as otherwise required under section 256.01, 
4.7 	subdivision 2, paragraph (h), 259.67, or 259.73. 
4.8 	(b) A placement for adoption with an individual who is related to the child, as 
4.9 	defined by section 245A.02, subdivision 13, is not subject to this section except asa 
4.10 	background study  required by sections 245C.33 and 259.53, subdivision 2, paragraph (c)
4.11 	by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the 
4.12 	case of a stepparent adoption, a background study must be completed on the stepparent 
4.13 	and any children as required under subdivision 3, paragraph (b), except that a child of 
4.14 	the stepparent does not need to have a background study complete if they are a sibling 
4.15 	through birth or adoption of the person being adopted. The local social services agency 
4.16 	of the county in which the prospective adoptive parent lives must initiate a background 
4.17 	study unless a child-placing agency has been involved with the adoption. The local social 
4.18 	service agency may charge a reasonable fee for the background study. If a placement is 
4.19 	being made the background study must be completed prior to placement pursuant to 
4.20 	section 259.29, subdivision 1, paragraph (c).  Background study results must be filed with 
4.21 	the adoption petition according to section 259.22, except in an adult adoption where an 
4.22 	adoption study and background study are not needed. 
4.23 	(c) In the case of a licensed foster parent seeking to adopt a child who is in the foster 
4.24 	parent's care, any portions of the foster care licensing process that duplicate requirements 
4.25 	of the home study may be submitted in satisfaction of the relevant requirements of this 
4.26 	section.

4.27 	Sec. 7. Minnesota Statutes 2006, section 259.43, is amended to read:
4.28 	259.43 BIRTH PARENT HISTORY; COMMISSIONER'S FORM.
4.29 	In any adoption under this chapter, except a stepparent or an adult adoption under 
4.30 	section 259.241, a birth parent or an agency, if an agency placement, shall provide a 
4.31 	prospective adoptive parent with a complete, thorough, detailed, and current social and 
4.32 	medical history of the birth families child being adopted, if information is known after 
4.33 	reasonable inquiry. Each birth familychild's social and medical history must be provided 
4.34 	on a form or forms prepared by the commissioner and must include background and health 
4.35 	history specific to the child, the child's birth parents, and the child's other birth relatives. 
5.1 	Applicable background and health information about the child includes: the child's current 
5.2 	health condition, behavior, and demeanor; placement history; education history; sibling 
5.3 	information; and birth, medical, dental, and immunization information. Redacted copies of 
5.4 	pertinent records, assessments, and evaluations shall be attached to the child's social and 
5.5 	medical history. Applicable background information about the child's birth parents and 
5.6 	other birth relatives includes: general background information; education and employment 
5.7 	history; physical health and mental health history; and reasons for the child's placement. 
5.8 	The child's social and medical history shall be completed in a manner so that the completed 
5.9 	form protects the identities of all individuals described in it. The commissioner shall make 
5.10 	the form available to agencies and court administrators for public distribution. The birth 
5.11 	familychild's social and medical history must be provided to the prospective adoptive 
5.12 	family prior to adoptive placement, provided to the Department of Human Services 
5.13 	with application for adoption assistance, if applicable, and filed with the court when the 
5.14 	adoption petition is filed, or,. In a direct adoptive placement, the child's social and medical 
5.15 	history must be filed with the court with the motion for temporary preadoptive custody.

5.16 	Sec. 8. Minnesota Statutes 2006, section 259.52, subdivision 2, is amended to read:
5.17 		Subd. 2.Requirement to search registry before adoption petition can be 
5.18 	granted; proof of search. No petition for adoption may be granted unless the agency 
5.19 	supervising the adoptive placement, the birth mother of the child, or, in the case of a 
5.20 	stepparent or relative adoption, the county agency responsible for the report required 
5.21 	under section 259.53, subdivision 1, requests that the commissioner of health search the 
5.22 	registry to determine whether a putative father is registered in relation to a child who is 
5.23 	or may be the subject of an adoption petition. The search required by this subdivision 
5.24 	must be conducted no sooner than 31 days following the birth of the child. A search 
5.25 	of the registry may be proven by the production of a certified copy of the registration 
5.26 	form or by a certified statement of the commissioner of health that after a search no 
5.27 	registration of a putative father in relation to a child who is or may be the subject of 
5.28 	an adoption petition could be located. The filing of a certified copy of an order from a 
5.29 	juvenile protection matter under chapter 260C containing a finding that certification of the 
5.30 	requisite search of the Minnesota Fathers' Adoption Registry was filed with the court in 
5.31 	that matter shall also constitute proof of search. Certification that the fathers' adoption 
5.32 	registry has been searched must be filed with the court prior to entry of any final order of 
5.33 	adoption. In addition to the search required by this subdivision, the agency supervising 
5.34 	the adoptive placement, the birth mother of the child, or, in the case of a stepparent or 
5.35 	relative adoption, the countysocial services agency responsible for the report under 
6.1 	section 259.53, subdivision 1, or the responsible social services agency that is a petitioner 
6.2 	in a juvenile protection matter under chapter 260C may request that the commissioner 
6.3 	of health search the registry at any time.

6.4 	Sec. 9. Minnesota Statutes 2006, section 259.53, subdivision 3, is amended to read:
6.5 		Subd. 3.Reports and records. (a) The contents of all reports and records of the 
6.6 	commissioner of human services, local social services agency, or child-placing agency 
6.7 	bearing on the suitability of the proposed adoptive home and the child to each other shall 
6.8 	not be disclosed either directly or indirectly to any person other than the commissioner of 
6.9 	human services, the child's guardian ad litem appointed under: (1) section 260C.163 when 
6.10 	the guardian's appointment continues under section 260C.317, subdivision 3, paragraph 
6.11 	(b); or (2) section 259.65, or a judge of the court having jurisdiction of the matter, except 
6.12 	as provided in paragraph (b).
6.13 	(b) A judge of the court having jurisdiction of the matter shall upon request disclose 
6.14 	to a party to the proceedings or the party's counsel any portion of a report or record that 
6.15 	relates only to the suitability of the proposed adoptive parents. In this disclosure, the judge 
6.16 	may withhold the identity of individuals providing information in the report or record. 
6.17 	When the judge is considering whether to disclose the identity of individuals providing 
6.18 	information, the agency with custody of the report or record shall be permitted to present 
6.19 	reasons for or against disclosure.

6.20 	Sec. 10. Minnesota Statutes 2007 Supplement, section 259.57, subdivision 1, is 
6.21 	amended to read:
6.22 		Subdivision 1.Findings; orders. Upon the hearing,
6.23 	(a) if the court finds that it is in the best interests of the childperson to be adopted 
6.24 	that the petition be granted, a decree of adoption shall be made and recorded in the office 
6.25 	of the court administrator, ordering that henceforth the childperson to be adopted shall 
6.26 	be the child of the petitioner. In the decree the court may change the name of the child
6.27 	adopted person if desired. After the decree is granted for a childan adopted person who is:
6.28 	(1) under the guardianship of the commissioner or a licensed child-placing agency 
6.29 	according to section 260C.201, subdivision 11, or 260C.317;
6.30 	(2) placed by the commissioner, commissioner's agent, or licensed child-placing 
6.31 	agency after a consent to adopt according to section 259.24 or under an agreement 
6.32 	conferring authority to place for adoption according to section 259.25; or
6.33 	(3) adopted after a direct adoptive placement ordered by the district court under 
6.34 	section 259.47,
7.1 	the court administrator shall immediately mail a copy of the recorded decree to the 
7.2 	commissioner of human services;
7.3 	(b) if the court is not satisfied that the proposed adoption is in the best interests of 
7.4 	the child person to be adopted, the court shall deny the petition, and in the case of a child 
7.5 	shall order the child returned to the custody of the person or agency legally vested with 
7.6 	permanent custody or certify the case for appropriate action and disposition to the court 
7.7 	having jurisdiction to determine the custody and guardianship of the child.

7.8 	Sec. 11. Minnesota Statutes 2006, section 259.59, subdivision 1, is amended to read:
7.9 		Subdivision 1.Legal effect. Upon adoption, the childadopted person shall become 
7.10 	the legal child of the adopting persons and they shall become the legal parents of the child 
7.11 	with all the rights and duties between them of birth parents and legitimate child. By virtue 
7.12 	of the adoption the childadopted person shall inherit from the adoptive parents or their 
7.13 	relatives the same as though the childadopted person were the natural child of the parents, 
7.14 	and in case of the child'sadopted person's death intestate the adoptive parents and their 
7.15 	relatives shall inherit the child'sadopted person's estate as if theythe adopted person had 
7.16 	been the child's birth parents and relatives. After a decree of adoption is entered the birth 
7.17 	parents of an adopted childperson shall be relieved of all parental responsibilities for the 
7.18 	child adopted person, and they shall not exercise or have any rights over the adopted 
7.19 	childperson or the child'sadopted person's property. The childadopted person shall not 
7.20 	owe the birth parents or their relatives any legal duty nor shall the childadopted person 
7.21 	inherit from the birth parents or kindred, except as provided in subdivision 1a and section 
7.22 	257C.08, subdivision 6. 

7.23 	Sec. 12. Minnesota Statutes 2006, section 259.59, subdivision 2, is amended to read:
7.24 		Subd. 2.Enrollment in American Indian tribe. Notwithstanding the provisions of 
7.25 	subdivision 1, the adoption of a childperson whose birth parent or parents are enrolled in 
7.26 	an American Indian tribe shall not change the child'sperson's  enrollment in that tribe.

7.27 	Sec. 13. Minnesota Statutes 2006, section 259.67, subdivision 2, is amended to read:
7.28 		Subd. 2.Adoption assistance agreement. The placing agency shall certify a child 
7.29 	as eligible for adoption assistance according to rules promulgated by the commissioner. 
7.30 	The placing agency shall not certify a child who remains under the jurisdiction of the 
7.31 	sending agency pursuant to section 260.851, article 5, for state-funded adoption assistance 
7.32 	when Minnesota is the receiving state. Not later than 30 days after a parent or parents are 
7.33 	found and approved for adoptive placement of a child certified as eligible for adoption 
8.1 	assistance, and before the final decree of adoption is issued, a written agreement must be 
8.2 	entered into by the commissioner, the adoptive parent or parents, and the placing agency. 
8.3 	The written agreement must be fully completed by the placing agency and in the form 
8.4 	prescribed by the commissioner and must set forth the responsibilities of all parties, the 
8.5 	anticipated duration of the adoption assistance payments, and the payment terms. The 
8.6 	adoption assistance agreement shall be subject to the commissioner's approval, which 
8.7 	must be granted or denied not later than 15 days after the agreement is entered.
8.8 	The amount of adoption assistance is subject to the availability of state and federal 
8.9 	funds and shall be determined through agreement with the adoptive parents. The 
8.10 	agreement shall take into consideration the circumstances of the adopting parent or 
8.11 	parents, the needs of the child being adopted and may provide ongoing monthly assistance, 
8.12 	supplemental maintenance expenses related to the adopted person's child's special needs, 
8.13 	nonmedical expenses periodically necessary for purchase of services, items, or equipment 
8.14 	related to the special needs, and medical expenses. The placing agency or the adoptive 
8.15 	parent or parents shall provide written documentation to support the need for adoption 
8.16 	assistance payments. The commissioner may require periodic reevaluation of adoption 
8.17 	assistance payments. The amount of ongoing monthly adoption assistance granted may 
8.18 	in no case exceed that which would be allowable for the child under foster family care 
8.19 	and is subject to the availability of state and federal funds.

8.20 	Sec. 14. Minnesota Statutes 2006, section 259.67, subdivision 3, is amended to read:
8.21 		Subd. 3.Annual affidavit Modification or termination of the adoption assistance 
8.22 	agreement. When adoption assistance agreements are for more than one year, the adoptive 
8.23 	parents or guardian or conservator shall annually present an affidavit stating whether the 
8.24 	adopted person remains under their care and whether the need for adoption assistance 
8.25 	continues to exist. The commissioner may verify the affidavit. The adoption assistance 
8.26 	agreement shall continue in accordance with its terms as long as the need for adoption 
8.27 	assistance continues and the adopted person child is the legal or financial dependent of the 
8.28 	adoptive parent or parents or guardian or conservator and is under 18 years of age. The 
8.29 	adoption assistance agreement may be extended to age 22 as allowed by rules adopted 
8.30 	by the commissioner. Termination or modification of the adoption assistance agreement 
8.31 	may be requested by the adoptive parents or subsequent guardian or conservator at any 
8.32 	time. When the commissioner determines that a child is eligible for adoption assistance 
8.33 	under Title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 
8.34 	679a, the commissioner shall modify the adoption assistance agreement in order to obtain 
8.35 	the funds under that act.

9.1 	Sec. 15. Minnesota Statutes 2006, section 259.67, is amended by adding a subdivision 
9.2 	to read:
9.3 		Subd. 3a.Recovery of overpayments. An amount of adoption assistance paid to 
9.4 	an adoptive parent in excess of the payment due is recoverable by the commissioner, 
9.5 	even when the overpayment was caused by agency error or circumstances outside the 
9.6 	responsibility and control of the family or provider. Adoption assistance amounts covered 
9.7 	by this subdivision include basic maintenance needs payments, monthly supplemental 
9.8 	maintenance needs payments, reimbursement of nonrecurring adoption expenses, 
9.9 	reimbursement of special nonmedical costs, and reimbursement of medical costs.

9.10 	Sec. 16. Minnesota Statutes 2007 Supplement, section 259.67, subdivision 4, is 
9.11 	amended to read:
9.12 		Subd. 4.Eligibility conditions. (a) The placing agency shall use the AFDC 
9.13 	requirements as specified in federal law as of July 16, 1996, when determining the child's 
9.14 	eligibility for adoption assistance under title IV-E of the Social Security Act. If the child 
9.15 	does not qualify, the placing agency shall certify a child as eligible for state funded 
9.16 	adoption assistance only if the following criteria are met:
9.17 	(1) Due to the child's characteristics or circumstances it would be difficult to provide 
9.18 	the child an adoptive home without adoption assistance.
9.19 	(2)(i) A placement agency has made reasonable efforts to place the child for adoption 
9.20 	without adoption assistance, but has been unsuccessful; or
9.21 	(ii) the child's licensed foster parents desire to adopt the child and it is determined by 
9.22 	the placing agency that the adoption is in the best interest of the child; or
9.23 	(iii) the child's relative, as defined in section 260C.007, subdivision 27, desires to 
9.24 	adopt the child, and it is determined by the placing agency that the adoption is in the 
9.25 	best interest of the child.
9.26 	(3)(i) The child has beenis a ward of the commissioner, a Minnesota-licensed 
9.27 	child-placing agency, or a tribal social service agency of Minnesota recognized by the 
9.28 	Secretary of the Interior; or (ii) the child will be adopted according to tribal law without a 
9.29 	termination of parental rights or relinquishment, provided that the tribe has documented 
9.30 	the valid reason why the child cannot or should not be returned to the home of the child's 
9.31 	parent. The placing agency shall not certify a child who remains under the jurisdiction 
9.32 	of the sending agency pursuant to section 260.851, article 5, for state-funded adoption 
9.33 	assistance when Minnesota is the receiving state. A child who is adopted by the child's 
9.34 	legal custodian or guardian shall not be eligible for state-funded adoption assistance.
10.1 	(b) For purposes of this subdivision, The characteristics or circumstances that may be 
10.2 	considered in determining whether a child is a child with special needs under United States 
10.3 	Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of paragraph (a), 
10.4 	clause (1), or section 473(c)(2)(A) of the Social Security Act, are the following:
10.5 	(1) The child is a member of a sibling group to be placed as one unit in which at 
10.6 	least one sibling is older than 15 months of age or is described in clause (2) or (3).
10.7 	(2) The child has documented physical, mental, emotional, or behavioral disabilities.
10.8 	(3) The child has a high risk of developing physical, mental, emotional, or behavioral 
10.9 	disabilities.
10.10 	(4) The child is five years of age or older.
10.11 	(c) When a child's eligibility for adoption assistance is based upon the high risk of 
10.12 	developing physical, mental, emotional, or behavioral disabilities, payments shall not be 
10.13 	made under the adoption assistance agreement unless and until the potential disability 
10.14 	manifests itself as documented by an appropriate health care professional.

10.15 	Sec. 17. Minnesota Statutes 2006, section 259.75, subdivision 5, is amended to read:
10.16 		Subd. 5.Withdrawal of registration. A child's registration shall be withdrawn 
10.17 	when the exchange service has been notified in writing by the local social service agency 
10.18 	andor the licensed child-placing agency that the child has been adopted, has become 14 
10.19 	years old and will not consent to an adoption plan,placed in an adoptive home or has died.

10.20 	Sec. 18. Minnesota Statutes 2006, section 259.89, subdivision 1, is amended to read:
10.21 		Subdivision 1.Request. An adopted person who is 19 years of age or over may 
10.22 	request the commissioner of health to disclose the information on the adopted person's 
10.23 	original birth record. The commissioner of health shall, within five days of receipt of 
10.24 	the request, notify the commissioner of human servicesservices'agent or licensed 
10.25 	child-placing agency when known, or the commissioner of human services when the 
10.26 	agency is not known in writing of the request by the adopted person.

10.27 	Sec. 19. Minnesota Statutes 2006, section 259.89, subdivision 2, is amended to read:
10.28 		Subd. 2.Search. Within six months after receiving notice of the request of 
10.29 	the adopted person, the commissioner of human servicesservices' agent or a licensed 
10.30 	child-placing agency shall make complete and reasonable efforts to notify each parent 
10.31 	identified on the original birth record of the adopted person. The commissioner, the 
10.32 	commissioner's agents, and licensed child-placing agencies may charge a reasonable 
10.33 	fee to the adopted person for the cost of making a search pursuant to this subdivision. 
11.1 	Every licensed child-placing agency in the state shall cooperate with the commissioner of 
11.2 	human services in efforts to notify an identified parent. All communications under this 
11.3 	subdivision are confidential pursuant to section 13.02, subdivision 3. 
11.4 	For purposes of this subdivision, "notify" means a personal and confidential contact 
11.5 	with the birth parents named on the original birth record of the adopted person. The 
11.6 	contact shall not be by mail and shall be by an employee or agent of the licensed 
11.7 	child-placing agency which processed the pertinent adoption or some other licensed 
11.8 	child-placing agency designated by the commissioner of human services when it is 
11.9 	determined to be reasonable by the commissioner; otherwise contact shall be by mail or 
11.10 	telephone. The contact shall be evidenced by filing with the commissioner of health an 
11.11 	affidavit of notification executed by the person who notified each parent certifying that 
11.12 	each parent was given the following information:
11.13 	(a) (1) the nature of the information requested by the adopted person;
11.14 	(b) (2) the date of the request of the adopted person;
11.15 	(c) (3) the right of the parent to file, within 30 days of receipt of the notice, an 
11.16 	affidavit with the commissioner of health stating that the information on the original birth 
11.17 	record should not be disclosed;
11.18 	(d) (4) the right of the parent to file a consent to disclosure with the commissioner 
11.19 	of health at any time; and
11.20 	(e) (5) the effect of a failure of the parent to file either a consent to disclosure or an 
11.21 	affidavit stating that the information on the original birth record should not be disclosed.

11.22 	Sec. 20. Minnesota Statutes 2006, section 259.89, subdivision 4, is amended to read:
11.23 		Subd. 4.Release of information after notice. If, within six months, the 
11.24 	commissioner of human services certifiesservices' agent or licensed child-placing agency 
11.25 	document to the commissioner of health notification of each parent identified on the 
11.26 	original birth record pursuant to subdivision 2, the commissioner of health shall disclose 
11.27 	the information requested by the adopted person 31 days after the date of the latest notice 
11.28 	to either parent. This disclosure will occur if, at any time during the 31 days both of 
11.29 	the parents identified on the original birth record have filed a consent to disclosure with 
11.30 	the commissioner of health and neither consent to disclosure has been revoked by the 
11.31 	subsequent filing by a parent of an affidavit stating that the information should not be 
11.32 	disclosed. If only one parent has filed a consent to disclosure and the consent has not been 
11.33 	revoked, the commissioner of health shall disclose, to the adopted person, original birth 
11.34 	record information on the consenting parent only.

12.1 	Sec. 21. Minnesota Statutes 2006, section 259.89, is amended by adding a subdivision 
12.2 	to read:
12.3 		Subd. 7.Adult adoptions. Notwithstanding section 144.218, a person adopted 
12.4 	as an adult shall be permitted to access the person's birth records that existed prior to 
12.5 	the adult adoption. Access to the existing birth records shall be the same access that 
12.6 	was permitted prior to the adult adoption.

12.7 	Sec. 22. [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF 
12.8 	CHILDREN.
12.9 	ARTICLE I. PURPOSE
12.10 	The purpose of this Interstate Compact for the Placement of Children is to:
12.11 	A. Provide a process through which children subject to this compact are placed in 
12.12 	safe and suitable homes in a timely manner.
12.13 	B. Facilitate ongoing supervision of a placement, the delivery of services, and 
12.14 	communication between the states.
12.15 	C. Provide operating procedures that will ensure that children are placed in safe and 
12.16 	suitable homes in a timely manner.
12.17 	D. Provide for the promulgation and enforcement of administrative rules 
12.18 	implementing the provisions of this compact and regulating the covered activities of 
12.19 	the member states.
12.20 	E. Provide for uniform data collection and information sharing between member 
12.21 	states under this compact.
12.22 	F. Promote coordination between this compact, the Interstate Compact for Juveniles, 
12.23 	the Interstate Compact on Adoption and Medical Assistance and other compacts affecting 
12.24 	the placement of and which provide services to children otherwise subject to this compact.
12.25 	G. Provide for a state's continuing legal jurisdiction and responsibility for placement 
12.26 	and care of a child that it would have had if the placement were intrastate.
12.27 	H. Provide for the promulgation of guidelines, in collaboration with Indian tribes, 
12.28 	for interstate cases involving Indian children as is or may be permitted by federal law.
12.29 	ARTICLE II. DEFINITIONS
12.30 	As used in this compact,
12.31 	A. "Approved placement" means the public child-placing agency in the receiving 
12.32 	state has determined that the placement is both safe and suitable for the child.
12.33 	B. "Assessment" means an evaluation of a prospective placement by a public 
12.34 	child-placing agency to determine whether the placement meets the individualized needs 
12.35 	of the child, including but not limited to the child's safety and stability, health and 
13.1 	well-being, and mental, emotional, and physical development. An assessment is only 
13.2 	applicable to a placement by a public child-placing agency.
13.3 	C. "Child" means an individual who has not attained the age of eighteen (18).
13.4 	D. "Certification" means to attest, declare or sworn to before a judge or notary public.
13.5 	E. "Default" means the failure of a member state to perform the obligations or 
13.6 	responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate 
13.7 	Commission.
13.8 	F. "Home Study" means an evaluation of a home environment conducted according 
13.9 	to the applicable requirements of the State in which the home is located, and documents 
13.10 	the preparation and the suitability of the placement resource for placement of a child 
13.11 	according to the laws and requirements of the state in which the home is located.
13.12 	G. "Indian tribe" means any Indian tribe, band, nation, or other organized group 
13.13 	or community of Indians recognized as eligible for services provided to Indians by the 
13.14 	Secretary of the Interior because of their status as Indians, including any Alaskan native 
13.15 	village as defined in section 3 (c) of the Alaska Native Claims settlement Act at 43 USC 
13.16 	Â§1602(c).
13.17 	H. "Interstate Commission for the Placement of Children" means the commission 
13.18 	that is created under Article VIII of this compact and which is generally referred to as the 
13.19 	Interstate Commission.
13.20 	I. "Jurisdiction" means the power and authority of a court to hear and decide matters.
13.21 	J. "Legal Risk Placement" ("Legal Risk Adoption") means a placement made 
13.22 	preliminary to an adoption where the prospective adoptive parents acknowledge in writing 
13.23 	that a child can be ordered returned to the sending state or the birth mother's state of 
13.24 	residence, if different from the sending state and a final decree of adoption shall not be 
13.25 	entered in any jurisdiction until all required consents are obtained or are dispensed with 
13.26 	according to applicable law.
13.27 	K. "Member state" means a state that has enacted this compact.
13.28 	L. "Non-custodial parent" means a person who, at the time of the commencement 
13.29 	of court proceedings in the sending state, does not have sole legal custody of the child 
13.30 	or has joint legal custody of a child, and who is not the subject of allegations or findings 
13.31 	of child abuse or neglect.
13.32 	M. "Non-member state" means a state which has not enacted this compact.
13.33 	N. "Notice of residential placement" means information regarding a placement 
13.34 	into a residential facility provided to the receiving state including, but not limited to the 
13.35 	name, date and place of birth of the child, the identity and address of the parent or legal 
13.36 	guardian, evidence of authority to make the placement, and the name and address of 
14.1 	the facility in which the child will be placed. Notice of residential placement shall also 
14.2 	include information regarding a discharge and any unauthorized absence from the facility.
14.3 	O. "Placement" means the act by a public or private child-placing agency intended 
14.4 	to arrange for the care or custody of a child in another state.
14.5 	P. "Private child-placing agency" means any private corporation, agency, foundation, 
14.6 	institution, or charitable organization, or any private person or attorney that facilitates, 
14.7 	causes, or is involved in the placement of a child from one state to another and that is not 
14.8 	an instrumentality of the state or acting under color of state law.
14.9 	Q. "Provisional placement" means a determination made by the public child-placing 
14.10 	agency in the receiving state that the proposed placement is safe and suitable, and, to the 
14.11 	extent allowable, the receiving state has temporarily waived its standards or requirements 
14.12 	otherwise applicable to prospective foster or adoptive parents so as to not delay the 
14.13 	placement. Completion of an assessment and the receiving state requirements regarding 
14.14 	training for prospective foster or adoptive parents shall not delay an otherwise safe and 
14.15 	suitable placement.
14.16 	R. "Public child-placing agency" means any government child welfare agency or 
14.17 	child protection agency or a private entity under contract with such an agency, regardless 
14.18 	of whether they act on behalf of a state, county, municipality or other governmental unit 
14.19 	and which facilitates, causes, or is involved in the placement of a child from one state 
14.20 	to another.
14.21 	S. "Receiving state" means the state to which a child is sent, brought, or caused to 
14.22 	be sent or brought.
14.23 	T. "Relative" means someone who is related to the child as a parent, step-parent, 
14.24 	sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a 
14.25 	non-relative with such significant ties to the child that they may be regarded as relatives as 
14.26 	determined by the court in the sending state.
14.27 	U. "Residential Facility" means a facility providing a level of care that is sufficient 
14.28 	to substitute for parental responsibility or foster care, and is beyond what is needed for 
14.29 	assessment or treatment of an acute condition. For purposes of the compact, residential 
14.30 	facilities do not include institutions primarily educational in character, hospitals or other 
14.31 	medical facilities.
14.32 	V. "Rule" means a written directive, mandate, standard or principle issued by the 
14.33 	Interstate Commission promulgated pursuant to Article XI of this compact that is of 
14.34 	general applicability and that implements, interprets or prescribes a policy or provision of 
14.35 	the compact. "Rule" has the force and effect of an administrative rule in a member state, 
14.36 	and includes the amendment, repeal, or suspension of an existing rule.
15.1 	W. "Sending state" means the state from which the placement of a child is initiated.
15.2 	X. "Service member's permanent duty station" means the military installation where 
15.3 	an active duty Armed Services member is currently assigned and is physically located 
15.4 	under competent orders that do not specify the duty as temporary.
15.5 	Y. "Service member's state of legal residence" means the state in which the active 
15.6 	duty Armed Services member is considered a resident for tax and voting purposes.
15.7 	Z. "State" means a state of the United States, the District of Columbia, the 
15.8 	Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the 
15.9 	Northern Marianas Islands and any other territory of the United States.
15.10 	AA. "State court" means a judicial body of a state that is vested by law with 
15.11 	responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or 
15.12 	status offenses of individuals who have not attained the age of eighteen (18).
15.13 	BB. "Supervision" means monitoring provided by the receiving state once a child 
15.14 	has been placed in a receiving state pursuant to this compact.
15.15 	ARTICLE III. APPLICABILITY
15.16 	A. Except as otherwise provided in Article III, Section B, this compact shall apply to:
15.17 	1. The interstate placement of a child subject to ongoing court jurisdiction in the 
15.18 	sending state, due to allegations or findings that the child has been abused, neglected, or 
15.19 	deprived as defined by the laws of the sending state, provided, however, that the placement 
15.20 	of such a child into a residential facility shall only require notice of residential placement 
15.21 	to the receiving state prior to placement.
15.22 	2. The interstate placement of a child adjudicated delinquent or unmanageable 
15.23 	based on the laws of the sending state and subject to ongoing court jurisdiction of the 
15.24 	sending state if:
15.25 	a. the child is being placed in a residential facility in another member state and 
15.26 	is not covered under another compact; or
15.27 	b. the child is being placed in another member state and the determination of safety 
15.28 	and suitability of the placement and services required is not provided through another 
15.29 	compact.
15.30 	3. The interstate placement of any child by a public child-placing agency or private 
15.31 	child-placing agency as defined in this compact as a preliminary step to a possible 
15.32 	adoption.
15.33 	B. The provisions of this compact shall not apply to:
15.34 	1. The interstate placement of a child in a custody proceeding in which a public 
15.35 	child placing agency is not a party, provided the placement is not intended to effectuate an 
15.36 	adoption.
16.1 	2. The interstate placement of a child with a non-relative in a receiving state by a 
16.2 	parent with the legal authority to make such a placement provided, however, that the 
16.3 	placement is not intended to effectuate an adoption.
16.4 	3. The interstate placement of a child by one relative with the lawful authority to 
16.5 	make such a placement directly with a relative in a receiving state.
16.6 	4. The placement of a child, not subject to Article III, Section A, into a residential 
16.7 	facility by his parent.
16.8 	5. The placement of a child with a non-custodial parent provided that:
16.9 	a. The non-custodial parent proves to the satisfaction of a court in the sending state a 
16.10 	substantial relationship with the child; and
16.11 	b. The court in the sending state makes a written finding that placement with the 
16.12 	non-custodial parent is in the best interests of the child; and
16.13 	c. The court in the sending state dismisses its jurisdiction over the child's case.
16.14 	6. A child entering the United States from a foreign country for the purpose of 
16.15 	adoption or leaving the United States to go to a foreign country for the purpose of 
16.16 	adoption in that country.
16.17 	7. Cases in which a U.S. citizen child living overseas with his family, at least one 
16.18 	of whom is in the U.S. Armed Services, and who is stationed overseas, is removed and 
16.19 	placed in a state.
16.20 	8. The sending of a child by a public child-placing agency or a private child-placing 
16.21 	agency for a visit as defined by the rules of the Interstate Commission.
16.22 	C. For purposes of determining the applicability of this compact to the placement of 
16.23 	a child with a family in the Armed Services, the public child-placing agency or private 
16.24 	child-placing agency may choose the state of the service member's permanent duty station 
16.25 	or the service member's declared legal residence.
16.26 	D. Nothing in this compact shall be construed to prohibit the concurrent application 
16.27 	of the provisions of this compact with other applicable interstate compacts including the 
16.28 	Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical 
16.29 	Assistance. The Interstate Commission may in cooperation with other interstate compact 
16.30 	commissions having responsibility for the interstate movement, placement or transfer of 
16.31 	children, promulgate like rules to ensure the coordination of services, timely placement 
16.32 	of children, and the reduction of unnecessary or duplicative administrative or procedural 
16.33 	requirements.
16.34 	ARTICLE IV. JURISDICTION
16.35 	A. Except as provided in Article IV, Section G, concerning private and independent 
16.36 	adoptions and in interstate placements in which the public child placing agency is not a 
17.1 	party to a custody proceeding, the sending state shall retain jurisdiction over a child with 
17.2 	respect to all matters of custody and disposition of the child which it would have had if the 
17.3 	child had remained in the sending state. Such jurisdiction shall also include the power to 
17.4 	order the return of the child to the sending state.
17.5 	B. When an issue of child protection or custody is brought before a court in the 
17.6 	receiving state, such court shall confer with the court of the sending state to determine the 
17.7 	most appropriate forum for adjudication.
17.8 	C. In accordance with its own laws, the court in the sending state shall have authority 
17.9 	to terminate its jurisdiction if:
17.10 	1. The child is reunified with the parent in the receiving state who is the subject 
17.11 	of allegations or findings of abuse or neglect, only with the concurrence of the public 
17.12 	child-placing agency in the receiving state; or
17.13 	2. The child is adopted;
17.14 	3. The child reaches the age of majority under the laws of the sending state; or
17.15 	4. The child achieves legal independence pursuant to the laws of the sending state; or
17.16 	5. A guardianship is created by a court in the receiving state with the concurrence of 
17.17 	the court in the sending state; or
17.18 	6. An Indian tribe has petitioned for and received jurisdiction from the court in 
17.19 	the sending state; or
17.20 	7. The public child-placing agency of the sending state requests termination and has 
17.21 	obtained the concurrence of the public child-placing agency in the receiving the state.
17.22 	D. When a sending state court terminates its jurisdiction, the receiving state 
17.23 	child-placing agency shall be notified.
17.24 	E. Nothing in this article shall defeat a claim of jurisdiction by a receiving state 
17.25 	court sufficient to deal with an act of truancy, delinquency, crime or behavior involving a 
17.26 	child as defined by the laws of the receiving state committed by the child in the receiving 
17.27 	state which would be a violation of its laws.
17.28 	F. Nothing in this article shall limit the receiving state's ability to take emergency 
17.29 	jurisdiction for the protection of the child.
17.30 	G. The substantive laws of the state in which an adoption will be finalized shall 
17.31 	solely govern all issues relating to the adoption of the child and the court in which the 
17.32 	adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive 
17.33 	issues relating to the adoption, except:
17.34 	1. when the child is a ward of another court that established jurisdiction over the 
17.35 	child prior to the placement;
17.36 	2. when the child is in the legal custody of a public agency in the sending state; or
18.1 	3. when the court in the sending state has otherwise appropriately assumed 
18.2 	jurisdiction over the child, prior to the submission of the request for approval of placement.
18.3 	ARTICLE V. PLACEMENT EVALUATION
18.4 	A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving 
18.5 	state, the public child-placing agency shall provide a written request for assessment to 
18.6 	the receiving state.
18.7 	B. For placements by a private child-placing agency, a child may be sent or brought, 
18.8 	or caused to be sent or brought, into a receiving state, upon receipt and immediate review 
18.9 	of the required content in a request for approval of a placement in both the sending and 
18.10 	receiving state public child-placing agency. The required content to accompany a request 
18.11 	for provisional approval shall include all of the following:
18.12 	1. A request for approval identifying the child, birth parents, the prospective adoptive 
18.13 	parents, and the supervising agency, signed by the person requesting approval; and
18.14 	2. The appropriate consents or relinquishments signed by the birthparents in 
18.15 	accordance with the laws of the sending state or, where permitted, the laws of the state 
18.16 	where the adoption will be finalized; and
18.17 	3. Certification by a licensed attorney or other authorized agent of a private adoption 
18.18 	agency that the consent or relinquishment is in compliance with the applicable laws of the 
18.19 	sending state, or where permitted the laws of the state where finalization of the adoption 
18.20 	will occur; and
18.21 	4. A home study; and
18.22 	5. An acknowledgment of legal risk signed by the prospective adoptive parents.
18.23 	C. The sending state and the receiving state may request additional information or 
18.24 	documents prior to finalization of an approved placement, but they may not delay travel 
18.25 	by the prospective adoptive parents with the child if the required content for approval 
18.26 	has been submitted, received, and reviewed by the public child-placing agency in both 
18.27 	the sending state and the receiving state.
18.28 	D. Approval from the public child-placing agency in the receiving state for a 
18.29 	provisional or approved placement is required as provided for in the rules of the Interstate 
18.30 	Commission.
18.31 	E. The procedures for making, and the request for an assessment, shall contain all 
18.32 	information and be in such form as provided for in the rules of the Interstate Commission.
18.33 	F. Upon receipt of a request from the public child-placing agency of the sending 
18.34 	state, the receiving state shall initiate an assessment of the proposed placement to 
18.35 	determine its safety and suitability. If the proposed placement is a placement with a 
19.1 	relative, the public child-placing agency of the sending state may request a determination 
19.2 	for a provisional placement.
19.3 	G. The public child-placing agency in the receiving state may request from the 
19.4 	public child-placing agency or the private child-placing agency in the sending state, and 
19.5 	shall be entitled to receive supporting or additional information necessary to complete 
19.6 	the assessment.
19.7 	ARTICLE VI. PLACEMENT AUTHORITY
19.8 	A. Except as otherwise provided in this compact, no child subject to this compact 
19.9 	shall be placed into a receiving state until approval for such placement is obtained.
19.10 	B. If the public child-placing agency in the receiving state does not approve 
19.11 	the proposed placement then the child shall not be placed. The receiving state shall 
19.12 	provide written documentation of any such determination in accordance with the rules 
19.13 	promulgated by the Interstate Commission. Such determination is not subject to judicial 
19.14 	review in the sending state.
19.15 	C. If the proposed placement is not approved, any interested party shall have 
19.16 	standing to seek an administrative review of the receiving state's determination.
19.17 	1. The administrative review and any further judicial review associated with 
19.18 	the determination shall be conducted in the receiving state pursuant to its applicable 
19.19 	administrative procedures.
19.20 	2. If a determination not to approve the placement of the child in the receiving state 
19.21 	is overturned upon review, the placement shall be deemed approved, provided however 
19.22 	that all administrative or judicial remedies have been exhausted or the time for such 
19.23 	remedies has passed.
19.24 	ARTICLE VII. PLACING AGENCY RESPONSIBILITY
19.25 	A. For the interstate placement of a child made by a public child-placing agency 
19.26 	or state court:
19.27 	1. The public child-placing agency in the sending state shall have financial 
19.28 	responsibility for:
19.29 	a. the ongoing support and maintenance for the child during the period of the 
19.30 	placement, unless otherwise provided for in the receiving state; and
19.31 	b. as determined by the public child-placing agency in the sending state, services for 
19.32 	the child beyond the public services for which the child is eligible in the receiving state.
19.33 	2. The receiving state shall only have financial responsibility for:
19.34 	a. any assessment conducted by the receiving state; and
20.1 	b. supervision conducted by the receiving state at the level necessary to support 
20.2 	the placement as agreed upon by the public child-placing agencies of the receiving and 
20.3 	sending state.
20.4 	3. Nothing in this provision shall prohibit public child-placing agencies in the 
20.5 	sending state from entering into agreements with licensed agencies or persons in the 
20.6 	receiving state to conduct assessments and provide supervision.
20.7 	B. For the placement of a child by a private child-placing agency preliminary to a 
20.8 	possible adoption, the private child-placing agency shall be:
20.9 	1. Legally responsible for the child during the period of placement as provided for in 
20.10 	the law of the sending state until the finalization of the adoption.
20.11 	2. Financially responsible for the child absent a contractual agreement to the 
20.12 	contrary.
20.13 	C. The public child-placing agency in the receiving state shall provide timely 
20.14 	assessments, as provided for in the rules of the Interstate Commission.
20.15 	D. The public child-placing agency in the receiving state shall provide, or arrange 
20.16 	for the provision of, supervision and services for the child, including timely reports, 
20.17 	during the period of the placement.
20.18 	E. Nothing in this compact shall be construed as to limit the authority of the public 
20.19 	child-placing agency in the receiving state from contracting with a licensed agency or 
20.20 	person in the receiving state for an assessment or the provision of supervision or services 
20.21 	for the child or otherwise authorizing the provision of supervision or services by a licensed 
20.22 	agency during the period of placement.
20.23 	F. Each member state shall provide for coordination among its branches of 
20.24 	government concerning the state's participation in, and compliance with, the compact and 
20.25 	Interstate Commission activities, through the creation of an advisory council or use of an 
20.26 	existing body or board.
20.27 	G. Each member state shall establish a central state compact office, which shall 
20.28 	be responsible for state compliance with the compact and the rules of the Interstate 
20.29 	Commission.
20.30 	H. The public child-placing agency in the sending state shall oversee compliance 
20.31 	with the provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) for placements 
20.32 	subject to the provisions of this compact, prior to placement.
20.33 	I. With the consent of the Interstate Commission, states may enter into limited 
20.34 	agreements that facilitate the timely assessment and provision of services and supervision 
20.35 	of placements under this compact.
20.36 	ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN
21.1 	The member states hereby establish, by way of this compact, a commission known 
21.2 	as the "Interstate Commission for the Placement of Children." The activities of the 
21.3 	Interstate Commission are the formation of public policy and are a discretionary state 
21.4 	function. The Interstate Commission shall:
21.5 	A. Be a joint commission of the member states and shall have the responsibilities, 
21.6 	powers and duties set forth herein, and such additional powers as may be conferred upon it 
21.7 	by subsequent concurrent action of the respective legislatures of the member states.
21.8 	B. Consist of one commissioner from each member state who shall be appointed by 
21.9 	the executive head of the state human services administration with ultimate responsibility 
21.10 	for the child welfare program. The appointed commissioner shall have the legal authority 
21.11 	to vote on policy related matters governed by this compact binding the state.
21.12 	1. Each member state represented at a meeting of the Interstate Commission is 
21.13 	entitled to one vote.
21.14 	2. A majority of the member states shall constitute a quorum for the transaction of 
21.15 	business, unless a larger quorum is required by the bylaws of the Interstate Commission.
21.16 	3. A representative shall not delegate a vote to another member state.
21.17 	4. A representative may delegate voting authority to another person from their state 
21.18 	for a specified meeting.
21.19 	C. In addition to the commissioners of each member state, the Interstate Commission 
21.20 	shall include persons who are members of interested organizations as defined in the bylaws 
21.21 	or rules of the Interstate Commission. Such members shall be ex officio and shall not be 
21.22 	entitled to vote on any matter before the Interstate Commission.
21.23 	D. Establish an executive committee which shall have the authority to administer 
21.24 	the day-to-day operations and administration of the Interstate Commission. It shall not 
21.25 	have the power to engage in rulemaking.
21.26 	ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
21.27 	The Interstate Commission shall have the following powers:
21.28 	A. To promulgate rules and take all necessary actions to effect the goals, purposes 
21.29 	and obligations as enumerated in this compact.
21.30 	B. To provide for dispute resolution among member states.
21.31 	C. To issue, upon request of a member state, advisory opinions concerning the 
21.32 	meaning or interpretation of the interstate compact, its bylaws, rules or actions.
21.33 	D. To enforce compliance with this compact or the bylaws or rules of the Interstate 
21.34 	Commission pursuant to Article XII.
22.1 	E. Collect standardized data concerning the interstate placement of children subject 
22.2 	to this compact as directed through its rules which shall specify the data to be collected, 
22.3 	the means of collection and data exchange and reporting requirements.
22.4 	F. To establish and maintain offices as may be necessary for the transacting of its 
22.5 	business.
22.6 	G. To purchase and maintain insurance and bonds.
22.7 	H. To hire or contract for services of personnel or consultants as necessary to 
22.8 	carry out its functions under the compact and establish personnel qualification policies, 
22.9 	and rates of compensation.
22.10 	I. To establish and appoint committees and officers including, but not limited to, an 
22.11 	executive committee as required by Article X.
22.12 	J. To accept any and all donations and grants of money, equipment, supplies, 
22.13 	materials, and services, and to receive, utilize, and dispose thereof.
22.14 	K. To lease, purchase, accept contributions or donations of, or otherwise to own, 
22.15 	hold, improve or use any property, real, personal, or mixed.
22.16 	L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose 
22.17 	of any property, real, personal or mixed.
22.18 	M. To establish a budget and make expenditures.
22.19 	N. To adopt a seal and bylaws governing the management and operation of the 
22.20 	Interstate Commission.
22.21 	O. To report annually to the legislatures, governors, the judiciary, and state advisory 
22.22 	councils of the member states concerning the activities of the Interstate Commission 
22.23 	during the preceding year. Such reports shall also include any recommendations that may 
22.24 	have been adopted by the Interstate Commission.
22.25 	P. To coordinate and provide education, training and public awareness regarding the 
22.26 	interstate movement of children for officials involved in such activity.
22.27 	Q. To maintain books and records in accordance with the bylaws of the Interstate 
22.28 	Commission.
22.29 	R. To perform such functions as may be necessary or appropriate to achieve the 
22.30 	purposes of this compact.
22.31 	ARTICLE X. ORGANIZATION AND OPERATION OF THE 
22.32 	INTERSTATE COMMISSION
22.33 	A. Bylaws
22.34 	1. Within 12 months after the first Interstate Commission meeting, the Interstate 
22.35 	Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate 
22.36 	to carry out the purposes of the compact.
23.1 	2. The Interstate Commission's bylaws and rules shall establish conditions and 
23.2 	procedures under which the Interstate Commission shall make its information and official 
23.3 	records available to the public for inspection or copying. The Interstate Commission may 
23.4 	exempt from disclosure information or official records to the extent they would adversely 
23.5 	affect personal privacy rights or proprietary interests.
23.6 	B. Meetings
23.7 	1. The Interstate Commission shall meet at least once each calendar year. The 
23.8 	chairperson may call additional meetings and, upon the request of a simple majority of the 
23.9 	member states shall call additional meetings.
23.10 	2. Public notice shall be given by the Interstate Commission of all meetings and 
23.11 	all meetings shall be open to the public, except as set forth in the rules or as otherwise 
23.12 	provided in the compact. The Interstate Commission and its committees may close a 
23.13 	meeting, or portion thereof, where it determines by two-thirds vote that an open meeting 
23.14 	would be likely to:
23.15 	a. relate solely to the Interstate Commission's internal personnel practices and 
23.16 	procedures; or
23.17 	b. disclose matters specifically exempted from disclosure by federal law; or
23.18 	c. disclose financial or commercial information which is privileged, proprietary or 
23.19 	confidential in nature; or
23.20 	d. involve accusing a person of a crime, or formally censuring a person; or
23.21 	e. disclose information of a personal nature where disclosure would constitute 
23.22 	a clearly unwarranted invasion of personal privacy or physically endanger one or more 
23.23 	persons; or
23.24 	f. disclose investigative records compiled for law enforcement purposes; or
23.25 	g. specifically relate to the Interstate Commission's participation in a civil action 
23.26 	or other legal proceeding.
23.27 	3. For a meeting, or portion of a meeting, closed pursuant to this provision, the 
23.28 	Interstate Commission's legal counsel or designee shall certify that the meeting may be 
23.29 	closed and shall reference each relevant exemption provision. The Interstate Commission 
23.30 	shall keep minutes which shall fully and clearly describe all matters discussed in a meeting 
23.31 	and shall provide a full and accurate summary of actions taken, and the reasons therefore, 
23.32 	including a description of the views expressed and the record of a roll call vote. All 
23.33 	documents considered in connection with an action shall be identified in such minutes. All 
23.34 	minutes and documents of a closed meeting shall remain under seal, subject to release by a 
23.35 	majority vote of the Interstate Commission or by court order.
24.1 	4. The bylaws may provide for meetings of the Interstate Commission to be 
24.2 	conducted by telecommunication or other electronic communication.
24.3 	C. Officers and Staff
24.4 	1. The Interstate Commission may, through its executive committee, appoint or 
24.5 	retain a staff director for such period, upon such terms and conditions and for such 
24.6 	compensation as the Interstate Commission may deem appropriate. The staff director shall 
24.7 	serve as secretary to the Interstate Commission, but shall not have a vote. The staff director 
24.8 	may hire and supervise such other staff as may be authorized by the Interstate Commission.
24.9 	2. The Interstate Commission shall elect, from among its members, a chairperson 
24.10 	and a vice chairperson of the executive committee and other necessary officers, each of 
24.11 	whom shall have such authority and duties as may be specified in the bylaws.
24.12 	D. Qualified Immunity, Defense and Indemnification
24.13 	1. The Interstate Commission's staff director and its employees shall be immune 
24.14 	from suit and liability, either personally or in their official capacity, for a claim for damage 
24.15 	to or loss of property or personal injury or other civil liability caused or arising out of or 
24.16 	relating to an actual or alleged act, error, or omission that occurred, or that such person had 
24.17 	a 	reasonable basis for believing occurred within the scope of Commission employment, 
24.18 	duties, or responsibilities; provided, that such person shall 	not be protected from suit or 
24.19 	liability for damage, loss, injury, or liability caused by a criminal act or the intentional or 
24.20 	willful and wanton misconduct of such person.
24.21 	a. The liability of the Interstate Commission's staff director and employees 
24.22 	or Interstate Commission representatives, acting within the scope of such person's 
24.23 	employment or duties for acts, errors, or omissions occurring within such person's state 
24.24 	may not exceed the limits of liability set forth under the Constitution and laws of that state 
24.25 	for state officials, employees, and agents. The Interstate Commission is considered to 
24.26 	be an instrumentality of the states for the purposes of any such action. Nothing in this 
24.27 	subsection shall be construed to protect such person from suit or liability for damage, 
24.28 	loss, injury, or liability caused by a criminal act or the intentional or willful and wanton 
24.29 	misconduct of such person.
24.30 	b. The Interstate Commission shall defend the staff director and its employees and, 
24.31 	subject to the approval of the Attorney General or other appropriate legal counsel of the 
24.32 	member state shall defend the commissioner of a member state in a civil action seeking 
24.33 	to impose liability arising out of an actual or alleged act, error or omission that occurred 
24.34 	within the scope of Interstate Commission employment, duties or responsibilities, or that 
24.35 	the defendant had a reasonable basis for believing occurred within the scope of Interstate 
24.36 	Commission employment, duties, or responsibilities, provided that the actual or alleged 
25.1 	act, error, or omission did not result from intentional or willful and wanton misconduct on 
25.2 	the part of such person.
25.3 	c. To the extent not covered by the state involved, member state, or the Interstate 
25.4 	Commission, the representatives or employees of the Interstate Commission shall be 
25.5 	held harmless in the amount of a settlement or judgment, including attorney's fees and 
25.6 	costs, obtained against such persons arising out of an actual or alleged act, error, or 
25.7 	omission that occurred within the scope of Interstate Commission employment, duties, or 
25.8 	responsibilities, or that such persons had a reasonable basis for believing occurred within 
25.9 	the scope of Interstate Commission employment, duties, or responsibilities, provided that 
25.10 	the actual or alleged act, error, or omission did not result from intentional or willful and 
25.11 	wanton misconduct on the part of such persons.
25.12 	ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
25.13 	A. The Interstate Commission shall promulgate and publish rules in order to 
25.14 	effectively and efficiently achieve the purposes of the compact.
25.15 	B. Rulemaking shall occur pursuant to the criteria set forth in this article and the 
25.16 	bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform 
25.17 	to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform 
25.18 	Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the 
25.19 	Interstate Commission deems appropriate consistent with due process requirements under 
25.20 	the United States Constitution as now or hereafter interpreted by the U. S. Supreme Court. 
25.21 	All rules and amendments shall become binding as of the date specified, as published with 
25.22 	the final version of the rule as approved by the Interstate Commission.
25.23 	C. When promulgating a rule, the Interstate Commission shall, at a minimum:
25.24 	1. Publish the proposed rule's entire text stating the reason(s) for that proposed 
25.25 	rule; and
25.26 	2. Allow and invite any and all persons to submit written data, facts, opinions 
25.27 	and arguments, which information shall be added to the record, and be made publicly 
25.28 	available; and
25.29 	3. Promulgate a final rule and its effective date, if appropriate, based on input from 
25.30 	state or local officials, or interested parties.
25.31 	D. Rules promulgated by the Interstate Commission shall have the force and effect 
25.32 	of administrative rules and shall be binding in the compacting states to the extent and in 
25.33 	the manner provided for in this compact.
25.34 	E. Not later than 60 days after a rule is promulgated, an interested person may file a 
25.35 	petition in the U.S. District Court for the District of Columbia or in the Federal District 
25.36 	Court where the Interstate Commission's principal office is located for judicial review 
26.1 	of such rule. If the court finds that the Interstate Commission's action is not supported 
26.2 	by substantial evidence in the rulemaking record, the court shall hold the rule unlawful 
26.3 	and set it aside.
26.4 	F. If a majority of the legislatures of the member states rejects a rule, those states 
26.5 	may by enactment of a statute or resolution in the same manner used to adopt the compact 
26.6 	cause that such rule shall have no further force and effect in any member state.
26.7 	G. The existing rules governing the operation of the Interstate Compact on the 
26.8 	Placement of Children superseded by this act shall be null and void no less than 12, but 
26.9 	no more than 24 months after the first meeting of the Interstate Commission created 
26.10 	hereunder, as determined by the members during the first meeting.
26.11 	H. Within the first 12 months of operation, the Interstate Commission shall 
26.12 	promulgate rules addressing the following:
26.13 	1. Transition rules
26.14 	2. Forms and procedures
26.15 	3. Time lines
26.16 	4. Data collection and reporting
26.17 	5. Rulemaking
26.18 	6. Visitation
26.19 	7. Progress reports/supervision
26.20 	8. Sharing of information/confidentiality
26.21 	9. Financing of the Interstate Commission
26.22 	10. Mediation, arbitration and dispute resolution
26.23 	11. Education, training and technical assistance
26.24 	12. Enforcement
26.25 	13. Coordination with other interstate compacts
26.26 	I. Upon determination by a majority of the members of the Interstate Commission 
26.27 	that an emergency exists:
26.28 	1. The Interstate Commission may promulgate an emergency rule only if it is 
26.29 	required to:
26.30 	a. Protect the children covered by this compact from an imminent threat to their 
26.31 	health, safety and well-being; or
26.32 	b. Prevent loss of federal or state funds; or
26.33 	c. Meet a deadline for the promulgation of an administrative rule required by 
26.34 	federal law.
26.35 	2. An emergency rule shall become effective immediately upon adoption, provided 
26.36 	that the usual rulemaking procedures provided hereunder shall be retroactively applied 
27.1 	to said rule as soon as reasonably possible, but no later than 90 days after the effective 
27.2 	date of the emergency rule.
27.3 	3. An emergency rule shall be promulgated as provided for in the rules of the 
27.4 	Interstate Commission.
27.5 	ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
27.6 	A. Oversight
27.7 	1. The Interstate Commission shall oversee the administration and operation of the 
27.8 	compact.
27.9 	2. The executive, legislative and judicial branches of state government in each 
27.10 	member state shall enforce this compact and the rules of the Interstate Commission and 
27.11 	shall take all actions necessary and appropriate to effectuate the compact's purposes and 
27.12 	intent. The compact and its rules shall be binding in the compacting states to the extent 
27.13 	and in the manner provided for in this compact.
27.14 	3. All courts shall take judicial notice of the compact and the rules in any judicial 
27.15 	or administrative proceeding in a member state pertaining to the subject matter of this 
27.16 	compact.
27.17 	4. The Interstate Commission shall be entitled to receive service of process in any 
27.18 	action in which the validity of a compact provision or rule is the issue for which a judicial 
27.19 	determination has been sought and shall have standing to intervene in any proceedings. 
27.20 	Failure to provide service of process to the Interstate Commission shall render any 
27.21 	judgment, order or other determination, however so captioned or classified, void as to the 
27.22 	Interstate Commission, this compact, its bylaws or rules of the Interstate Commission.
27.23 	B. Dispute Resolution
27.24 	1. The Interstate Commission shall attempt, upon the request of a member state, to 
27.25 	resolve disputes which are subject to the compact and which may arise among member 
27.26 	states and between member and non-member states.
27.27 	2. The Interstate Commission shall promulgate a rule providing for both mediation 
27.28 	and binding dispute resolution for disputes among compacting states. The costs of such 
27.29 	mediation or dispute resolution shall be the responsibility of the parties to the dispute.
27.30 	C. Enforcement
27.31 	1. If the Interstate Commission determines that a member state has defaulted in the 
27.32 	performance of its obligations or responsibilities under this compact, its bylaws or rules, 
27.33 	the Interstate Commission may:
27.34 	a. Provide remedial training and specific technical assistance; or
28.1 	b. Provide written notice to the defaulting state and other member states, of the 
28.2 	nature of the default and the means of curing the default. The Interstate Commission shall 
28.3 	specify the conditions by which the defaulting state must cure its default; or
28.4 	c. By majority vote of the members, initiate against a defaulting member state legal 
28.5 	action in the United State District Court for the District of Columbia or, at the discretion 
28.6 	of the Interstate Commission, in the federal district where the Interstate Commission has 
28.7 	its principal office, to enforce compliance with the provisions of the compact, its bylaws 
28.8 	or rules. The relief sought may include both injunctive relief and damages. In the event 
28.9 	judicial enforcement is necessary the prevailing party shall be awarded all costs of such 
28.10 	litigation including reasonable attorney's fees; or
28.11 	d. Avail itself of any other remedies available under state law or the regulation of 
28.12 	official or professional conduct.
28.13 	ARTICLE XIII. FINANCING OF THE COMMISSION
28.14 	A. The Interstate Commission shall pay, or provide for the payment of the reasonable 
28.15 	expenses of its establishment, organization and ongoing activities.
28.16 	B. The Interstate Commission may levy on and collect an annual assessment from 
28.17 	each member state to cover the cost of the operations and activities of the Interstate 
28.18 	Commission and its staff which must be in a total amount sufficient to cover the Interstate 
28.19 	Commission's annual budget as approved by its members each year. The aggregate annual 
28.20 	assessment amount shall be allocated based upon a formula to be determined by the 
28.21 	Interstate Commission which shall promulgate a rule binding upon all member states.
28.22 	C. The Interstate Commission shall not incur obligations of any kind prior to securing 
28.23 	the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit 
28.24 	of any of the member states, except by and with the authority of the member state.
28.25 	D. The Interstate Commission shall keep accurate accounts of all receipts and 
28.26 	disbursements. The receipts and disbursements of the Interstate Commission shall be 
28.27 	subject to the audit and accounting procedures established under its bylaws. However, 
28.28 	all receipts and disbursements of funds handled by the Interstate Commission shall be 
28.29 	audited yearly by a certified or licensed public accountant and the report of the audit shall 
28.30 	be included in and become part of the annual report of the Interstate Commission.
28.31 	ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
28.32 	A. Any state is eligible to become a member state.
28.33 	B. The compact shall become effective and binding upon legislative enactment of 
28.34 	the compact into law by no less than 35 states. The effective date shall be the later of July 
28.35 	1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall 
28.36 	become effective and binding as to any other member state upon enactment of the compact 
29.1 	into law by that state. The executive heads of the state human services administration 
29.2 	with ultimate responsibility for the child welfare program of non-member states or their 
29.3 	designees shall be invited to participate in the activities of the Interstate Commission on a 
29.4 	non-voting basis prior to adoption of the compact by all states.
29.5 	C. The Interstate Commission may propose amendments to the compact for 
29.6 	enactment by the member states. No amendment shall become effective and binding 
29.7 	on the member states unless and until it is enacted into law by unanimous consent of 
29.8 	the member states.
29.9 	ARTICLE XV. WITHDRAWAL AND DISSOLUTION
29.10 	A. Withdrawal
29.11 	1. Once effective, the compact shall continue in force and remain binding upon each 
29.12 	and every member state; provided that a member state may withdraw from the compact 
29.13 	specifically repealing the statute which enacted the compact into law.
29.14 	2. Withdrawal from this compact shall be by the enactment of a statute repealing 
29.15 	the same. The effective date of withdrawal shall be the effective date of the repeal of 
29.16 	the statute.
29.17 	3. The withdrawing state shall immediately notify the president of the Interstate 
29.18 	Commission in writing upon the introduction of legislation repealing this compact in the 
29.19 	withdrawing state. The Interstate Commission shall then notify the other member states of 
29.20 	the withdrawing state's intent to withdraw.
29.21 	4. The withdrawing state is responsible for all assessments, obligations and liabilities 
29.22 	incurred through the effective date of withdrawal.
29.23 	5. Reinstatement following withdrawal of a member state shall occur upon the 
29.24 	withdrawing state reenacting the compact or upon such later date as determined by the 
29.25 	members of the Interstate Commission.
29.26 	B. Dissolution of Compact
29.27 	1. This compact shall dissolve effective upon the date of the withdrawal or default 
29.28 	of the member state which reduces the membership in the compact to one member state.
29.29 	2. Upon the dissolution of this compact, the compact becomes null and void and shall 
29.30 	be of no further force or effect, and the business and affairs of the Interstate Commission 
29.31 	shall be concluded and surplus funds shall be distributed in accordance with the bylaws.
29.32 	ARTICLE XVI. SEVERABILITY AND CONSTRUCTION
29.33 	A. The provisions of this compact shall be severable, and if any phrase, clause, 
29.34 	sentence or provision is deemed unenforceable, the remaining provisions of the compact 
29.35 	shall be enforceable.
30.1 	B. The provisions of this compact shall be liberally construed to effectuate its 
30.2 	purposes.
30.3 	C. Nothing in this compact shall be construed to prohibit the concurrent applicability 
30.4 	of other interstate compacts to which the states are members.
30.5 	ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS
30.6 	A. Other Laws
30.7 	1. Nothing herein prevents the enforcement of any other law of a member state 
30.8 	that is not inconsistent with this compact.
30.9 	B. Binding Effect of the Compact
30.10 	1. All lawful actions of the Interstate Commission, including all rules and bylaws 
30.11 	promulgated by the Interstate Commission, are binding upon the member states.
30.12 	2. All agreements between the Interstate Commission and the member states are 
30.13 	binding in accordance with their terms.
30.14 	3. In the event any provision of this compact exceeds the constitutional limits 
30.15 	imposed on the legislature of any member state, such provision shall be ineffective to the 
30.16 	extent of the conflict with the constitutional provision in question in that member state.
30.17 	ARTICLE XVIII. INDIAN TRIBES
30.18 	Notwithstanding any other provision in this compact, the Interstate Commission 
30.19 	may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or 
30.20 	all of the purposes of the compact as specified in Article I. The Interstate Commission 
30.21 	shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to 
30.22 	reflect the diverse circumstances of the various Indian tribes.

30.23 	EFFECTIVE DATE. This section is effective upon legislative enactment of the 
30.24 	compact into law by no less than 35 states. The commissioner of human services shall 
30.25 	inform the Revisor of Statutes when this occurs.

30.26 	Sec. 23. Minnesota Statutes 2006, section 260C.001, subdivision 2, is amended to read:
30.27 		Subd. 2.Child in need of protection services. (a) The paramount consideration in 
30.28 	all proceedings concerning a child alleged or found to be in need of protection or services 
30.29 	is the health, safety, and best interests of the child. In proceedings involving an American 
30.30 	Indian child, as defined in section 260.755, subdivision 8, the best interests of the child 
30.31 	must be determined consistent with sections 260.751 to 260.835 and the Indian Child 
30.32 	Welfare Act, United States Code, title 25, sections 1901 to 1923. 
30.33 	(b) The purpose of the laws relating to juvenile courts is:
31.1 	(1) to secure for each child alleged or adjudicated in need of protection or services 
31.2 	and under the jurisdiction of the court, the care and guidance, preferably in the child's own 
31.3 	home, as will best serve the spiritual, emotional, mental, and physical welfare of the child;
31.4 	(2) to provide judicial procedures which protect the welfare of the child;
31.5 	(3) to preserve and strengthen the child's family ties whenever possible and in the 
31.6 	child's best interests, removing the child from the custody of parents only when the child's 
31.7 	welfare or safety cannot be adequately safeguarded without removal;
31.8 	(4) to ensure that when removal from the child's own family is necessary and in the 
31.9 	child's best interests, the responsible social services agency has legal responsibility for 
31.10 	the child removal either:
31.11 	(i) pursuant to a voluntary placement agreement between the child's parent or 
31.12 	guardian and the responsible social services agency; or
31.13 	(ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or 
31.14 	260C.201;
31.15 	(5) to ensure that, when placement is pursuant to court order, the court order 
31.16 	removing the child or continuing the child in foster care contains an individualized 
31.17 	determination that placement is in the best interests of the child that coincides with the 
31.18 	actual removal of the child; and, when removal from the child's own family is necessary 
31.19 	and in the child's best interests,
31.20 	(6) to secure forensure that when the child is removed, the child custody,child's 
31.21 	care and discipline is, as nearly as possible, equivalent to that which should have been 
31.22 	given by the parents. and is either in:
31.23 	(i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, 
31.24 	subdivision 1, paragraph (a), clause (1);
31.25 	(ii) the home of a relative pursuant to emergency placement by the responsible social 
31.26 	services agency under chapter 245A; or
31.27 	(iii) a foster home licensed under chapter 245A.

31.28 	Sec. 24. Minnesota Statutes 2006, section 260C.007, subdivision 5, is amended to read:
31.29 		Subd. 5.Child abuse. "Child abuse" means an act that involves a minor victim 
31.30 	and that constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, 
31.31 	609.322, 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, or 
31.32 	that is physical or sexual abuse as defined in section 626.556, subdivision 2, or an act 
31.33 	committed in another state that involves a minor victim and would constitute a violation of 
31.34 	one of these sections if committed in this state. 

32.1 	Sec. 25. Minnesota Statutes 2006, section 260C.007, subdivision 6, is amended to read:
32.2 		Subd. 6.Child in need of protection or services. "Child in need of protection or 
32.3 	services" means a child who is in need of protection or services because the child:
32.4 	(1) is abandoned or without parent, guardian, or custodian;
32.5 	(2)(i) has been a victim of physical or sexual abuse as defined in section 626.556, 
32.6 	subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in 
32.7 	subdivision 5 or domestic child abuse as defined in subdivision 5 13, (iii) resides with or 
32.8 	would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or 
32.9 	child abuse as defined in subdivision 5, or (iv) is a victim of emotional maltreatment as 
32.10 	defined in subdivision 8;
32.11 	(3) is without necessary food, clothing, shelter, education, or other required care 
32.12 	for the child's physical or mental health or morals because the child's parent, guardian, 
32.13 	or custodian is unable or unwilling to provide that care;
32.14 	(4) is without the special care made necessary by a physical, mental, or emotional 
32.15 	condition because the child's parent, guardian, or custodian is unable or unwilling to 
32.16 	provide that care, including a child in voluntary placement due solely to the child's 
32.17 	developmental disability or emotional disturbance;
32.18 	(5) is medically neglected, which includes, but is not limited to, the withholding of 
32.19 	medically indicated treatment from a disabled infant with a life-threatening condition. The 
32.20 	term "withholding of medically indicated treatment" means the failure to respond to the 
32.21 	infant's life-threatening conditions by providing treatment, including appropriate nutrition, 
32.22 	hydration, and medication which, in the treating physician's or physicians' reasonable 
32.23 	medical judgment, will be most likely to be effective in ameliorating or correcting all 
32.24 	conditions, except that the term does not include the failure to provide treatment other 
32.25 	than appropriate nutrition, hydration, or medication to an infant when, in the treating 
32.26 	physician's or physicians' reasonable medical judgment:
32.27 	(i) the infant is chronically and irreversibly comatose;
32.28 	(ii) the provision of the treatment would merely prolong dying, not be effective in 
32.29 	ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 
32.30 	futile in terms of the survival of the infant; or
32.31 	(iii) the provision of the treatment would be virtually futile in terms of the survival 
32.32 	of the infant and the treatment itself under the circumstances would be inhumane;
32.33 	(6) is one whose parent, guardian, or other custodian for good cause desires to be 
32.34 	relieved of the child's care and custody, including a child in placement according towho 
32.35 	entered foster care under a  voluntary release byplacement agreement between  the parent 
32.36 	and the responsible social services agency under section 260C.212, subdivision 8; 
33.1 	(7) has been placed for adoption or care in violation of law;
33.2 	(8) is without proper parental care because of the emotional, mental, or physical 
33.3 	disability, or state of immaturity of the child's parent, guardian, or other custodian;
33.4 	(9) is one whose behavior, condition, or environment is such as to be injurious or 
33.5 	dangerous to the child or others. An injurious or dangerous environment may include, but 
33.6 	is not limited to, the exposure of a child to criminal activity in the child's home;
33.7 	(10) is experiencing growth delays, which may be referred to as failure to thrive, that 
33.8 	have been diagnosed by a physician and are due to parental neglect;
33.9 	(11) has engaged in prostitution as defined in section 609.321, subdivision 9; 
33.10 	(12) has committed a delinquent act or a juvenile petty offense before becoming 
33.11 	ten years old;
33.12 	(13) is a runaway;
33.13 	(14) is a habitual truant; or
33.14 	(15) has been found incompetent to proceed or has been found not guilty by reason 
33.15 	of mental illness or mental deficiency in connection with a delinquency proceeding, a 
33.16 	certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a 
33.17 	proceeding involving a juvenile petty offense.

33.18 	Sec. 26. Minnesota Statutes 2006, section 260C.007, subdivision 13, is amended to 
33.19 	read:
33.20 		Subd. 13.Domestic child abuse. "Domestic child abuse" means:
33.21 	(1) any physical injury to a minor family or household member inflicted by an adult 
33.22 	family or household member other than by accidental means; or
33.23 	(2) subjection of a minor family or household member by an adult family or 
33.24 	household member to any act which constitutes a violation of sections 609.321 to 609.324, 
33.25 	609.342, 609.343, 609.344, 609.345, or 617.246.; or
33.26 	(3) physical or sexual abuse as defined in section 626.556, subdivision 2.

33.27 	Sec. 27. Minnesota Statutes 2006, section 260C.101, subdivision 2, is amended to read:
33.28 		Subd. 2.Jurisdiction over other matters relating to children. Except as provided 
33.29 	in clause (d), the juvenile court has original and exclusive jurisdiction in proceedings 
33.30 	concerning:
33.31 	(a) The termination of parental rights to a child in accordance with the provisions of 
33.32 	sections 260C.301 to 260C.328.
34.1 	(b) The appointment and removal of a juvenile court guardian for a child, where 
34.2 	parental rights have been terminated under the provisions of sections 260C.301 to 
34.3 	260C.328.
34.4 	(c) Judicial consent to the marriage of a child when required by law.
34.5 	(d) The juvenile court in those counties in which the judge of the probate-juvenile 
34.6 	court has been admitted to the practice of law in this state shall proceed under the laws 
34.7 	relating to adoptions in all adoption matters. In those counties in which the judge of the 
34.8 	probate-juvenile court has not been admitted to the practice of law in this state the district 
34.9 	court shall proceed under the laws relating to adoptions in all adoption matters.
34.10 	(e) The review of the foster care statusplacement of a child who has been placedis 
34.11 	in a residential facility, as defined in section 260C.212, subdivision 1,foster care pursuant 
34.12 	to a voluntary release byplacement agreement between the child's parent or parents and 
34.13 	the responsible social services agency under section 260C.212, subdivision 8.
34.14 	(f) The review of voluntary foster care placement of a child for treatment under 
34.15 	chapter 260D according to the review requirements of that chapter.

34.16 	Sec. 28. Minnesota Statutes 2006, section 260C.141, subdivision 2, is amended to read:
34.17 		Subd. 2.Review of foster care status. Except for a child in foster care due 
34.18 	solely to the child's developmental disability or emotional disturbance, When a child 
34.19 	continues in voluntary placement foster care according to section 260C.212, subdivision 
34.20 	8, a petition shall be filed alleging the child to be in need of protection or services or 
34.21 	seeking termination of parental rights or other permanent placement of the child away 
34.22 	from the parent within 90 days of the date of the voluntary placement agreement. The 
34.23 	petition shall state the reasons why the child is in placement foster care, the progress on 
34.24 	the out-of-home placement plan required under section 260C.212, subdivision 1, and 
34.25 	the statutory basis for the petition under section 260C.007, subdivision 6, 260C.201, 
34.26 	subdivision 11, or 260C.301.
34.27 	(1) In the case of a petition alleging the child to be in need of protection or services 
34.28 	filed under this paragraph, if all parties agree and the court finds it is in the best interests of 
34.29 	the child, the court may find the petition states a prima facie case that:
34.30 	(i) the child's needs are being met;
34.31 	(ii) the placement of the child in foster care is in the best interests of the child;
34.32 	(iii) reasonable efforts to reunify the child and the parent or guardian are being 
34.33 	made; and
34.34 	(iv) the child will be returned home in the next three months.
35.1 	(2) If the court makes findings under paragraph (1), the court shall approve the 
35.2 	voluntary arrangement and continue the matter for up to three more months to ensure the 
35.3 	child returns to the parents' home. The responsible social services agency shall:
35.4 	(i) report to the court when the child returns home and the progress made by the 
35.5 	parent on the out-of-home placement plan required under section 260C.212, in which 
35.6 	case the court shall dismiss jurisdiction;
35.7 	(ii) report to the court that the child has not returned home, in which case the matter 
35.8 	shall be returned to the court for further proceedings under section 260C.163; or
35.9 	(iii) if any party does not agree to continue the matter under this paragraph and 
35.10 	paragraph (1), the matter shall proceed under section 260C.163.

35.11 	Sec. 29. Minnesota Statutes 2007 Supplement, section 260C.163, subdivision 1, 
35.12 	is amended to read:
35.13 		Subdivision 1.General. (a) Except for hearings arising under section 260C.425, 
35.14 	hearings on any matter shall be without a jury and may be conducted in an informal 
35.15 	manner. In all adjudicatory proceedings involving a child alleged to be in need of 
35.16 	protection or services, the court shall admit only evidence that would be admissible in a 
35.17 	civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of 
35.18 	protection or services must be proved by clear and convincing evidence. 
35.19 	(b) Except for proceedings involving a child alleged to be in need of protection or 
35.20 	services and petitions for the termination of parental rights, hearings may be continued or 
35.21 	adjourned from time to time. In proceedings involving a child alleged to be in need of 
35.22 	protection or services and petitions for the termination of parental rights, hearings may not 
35.23 	be continued or adjourned for more than one week unless the court makes specific findings 
35.24 	that the continuance or adjournment is in the best interests of the child. If a hearing is held 
35.25 	on a petition involving physical or sexual abuse of a child who is alleged to be in need of 
35.26 	protection or services or neglected and in foster care, the court shall file the decision with 
35.27 	the court administrator as soon as possible but no later than 15 days after the matter is 
35.28 	submitted to the court. When a continuance or adjournment is ordered in any proceeding, 
35.29 	the court may make any interim orders as it deems in the best interests of the minor in 
35.30 	accordance with the provisions of sections 260C.001 to 260C.421. 
35.31 	(c) Except as otherwise provided in this paragraph, the court shall exclude the 
35.32 	general public from hearings under this chapter and shall admit only those persons who, 
35.33 	in the discretion of the court, have a direct interest in the case or in the work of the 
35.34 	court. Absent exceptional circumstances, hearings under this chapter are presumed to be 
36.1 	accessible to the public, however the court may close any hearing and the records related 
36.2 	to any matter as provided in the Minnesota Rules of Juvenile Protection Procedure.
36.3 	(d) Adoption hearings shall be conducted in accordance with the provisions of 
36.4 	laws relating to adoptions.
36.5 	(e) In any permanency hearing, including the transition of a child from foster care 
36.6 	to independent living, the court shall ensure that any consult with the child is in an 
36.7 	age-appropriate manner.

36.8 	Sec. 30. Minnesota Statutes 2006, section 260C.171, subdivision 2, is amended to read:
36.9 		Subd. 2.Public inspection of records. (a) The following records from proceedings 
36.10 	or portions of proceedings involving a child in need of protection or services that, 
36.11 	permanency, or terminational of parental rights are openaccessible to the public as 
36.12 	authorized by Supreme Court order and court rules are accessible to the public unless the 
36.13 	court determines that access should be restricted because of the intensely personal nature 
36.14 	of the information: the Minnesota Rules of Juvenile Protection Procedure.
36.15 	(1) the summons and petition;
36.16 	(2) affidavits of publication and service;
36.17 	(3) certificates of representation;
36.18 	(4) court orders;
36.19 	(5) hearing and trial notices, witness lists, and subpoenas;
36.20 	(6) motions and legal memoranda;
36.21 	(7) exhibits introduced at hearings or trial that are not inaccessible under paragraph 
36.22 	(b);
36.23 	(8) birth records; and
36.24 	(9) all other documents not listed as inaccessible to the public under paragraph (b).
36.25 	(b) The following records are not accessible to the public under paragraph (a):
36.26 	(1) written, audiotaped, or videotaped information from the social services agency, 
36.27 	except to the extent the information appears in the petition, court orders, or other 
36.28 	documents that are accessible under paragraph (a);
36.29 	(2) child protection intake or screening notes;
36.30 	(3) documents identifying reporters of maltreatment, unless the names and other 
36.31 	identifying information are redacted;
36.32 	(4) guardian ad litem reports;
36.33 	(5) victim statements and addresses and telephone numbers;
36.34 	(6) documents identifying nonparty witnesses under the age of 18, unless the names 
36.35 	and other identifying information are redacted;
37.1 	(7) transcripts of testimony taken during closed hearing;
37.2 	(8) fingerprinting materials;
37.3 	(9) psychological, psychiatric, and chemical dependency evaluations;
37.4 	(10) presentence evaluations of juveniles and probation reports;
37.5 	(11) medical records and test results;
37.6 	(12) reports issued by sexual predator programs;
37.7 	(13) diversion records of juveniles;
37.8 	(14) any document which the court, upon its own motion or upon motion of a party, 
37.9 	orders inaccessible to serve the best interests of the child; and
37.10 	(15) any other records that are not accessible to the public under rules developed 
37.11 	by the courts.
37.12 	In addition, records that are accessible to the public under paragraph (a) become 
37.13 	inaccessible to the public if one year has elapsed since either the proceeding was dismissed 
37.14 	or the court's jurisdiction over the matter was terminated.
37.15 	(c) Except as otherwise provided by this section, none of the records of the juvenile 
37.16 	court and(b) None of the records relating to an appeal from a nonpublic juvenile court 
37.17 	proceeding, except the written appellate opinion, shall be open to public inspection or their 
37.18 	contents disclosed except by order of a court.
37.19 	(d) (c) The records of juvenile probation officers are records of the court for the 
37.20 	purposes of this subdivision. This subdivision applies to all proceedings under this 
37.21 	chapter, including appeals from orders of the juvenile court. The court shall maintain the 
37.22 	confidentiality of adoption files and records in accordance with the provisions of laws 
37.23 	relating to adoptions. In juvenile court proceedings any report or social history furnished 
37.24 	to the court shall be open to inspection by the attorneys of record and the guardian ad litem 
37.25 	a reasonable time before it is used in connection with any proceeding before the court.
37.26 	(e) When a judge of a juvenile court, or duly authorized agent of the court, 
37.27 	determines under a proceeding under this chapter that a child has violated a state or local 
37.28 	law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets 
37.29 	and highways, except parking violations, the judge or agent shall immediately report 
37.30 	the violation to the commissioner of public safety. The report must be made on a form 
37.31 	provided by the Department of Public Safety and must contain the information required 
37.32 	under section 169.95. 

37.33 	Sec. 31. Minnesota Statutes 2006, section 260C.178, subdivision 1, is amended to read:
37.34 		Subdivision 1.Hearing and release requirements. (a) If a child was taken into 
37.35 	custody under section 260C.175, subdivision 1, clause (a) or (b)(2), the court shall hold a 
38.1 	hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, 
38.2 	Sundays, and holidays, to determine whether the child should continue in custody.
38.3 	(b) Unless there is reason to believe that the child would endanger self or others, 
38.4 	not return for a court hearing, run away from the child's parent, guardian, or custodian 
38.5 	or otherwise not remain in the care or control of the person to whose lawful custody the 
38.6 	child is released, or that the child's health or welfare would be immediately endangered, 
38.7 	the child shall be released to the custody of a parent, guardian, custodian, or other 
38.8 	suitable person, subject to reasonable conditions of release including, but not limited to, 
38.9 	a requirement that the child undergo a chemical use assessment as provided in section 
38.10 	260C.157, subdivision 1. 
38.11 	(c) If the court determines there is reason to believe that the child would endanger 
38.12 	self or others; not return for a court hearing; run away from the child's parent, guardian, or 
38.13 	custodian or otherwise not remain in the care or control of the person to whose lawful 
38.14 	custody the child is released; or that the child's health or welfare would be immediately 
38.15 	endangered if returned to the care of the parent or guardian who has custody and from 
38.16 	whom the child was removed, the court shall order the child into foster care under the 
38.17 	legal responsibility of the responsible social services agency or responsible probation or 
38.18 	corrections agency for the purposes of protective care as that term is used in the juvenile 
38.19 	court rules.or into the home of a noncustodial parent and order the noncustodial parent 
38.20 	to comply with any conditions the court determines to be appropriate to the safety and 
38.21 	care of the child, including cooperating with paternity establishment proceedings in the 
38.22 	case of a man who has not been adjudicated the child's father. The court shall not give 
38.23 	the responsible social services legal custody and order a trial home visit at any time prior 
38.24 	to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a), 
38.25 	clause (3), but may order the child returned to the care of the parent or guardian who 
38.26 	has custody and from whom the child was removed and order the parent or guardian to 
38.27 	comply with any conditions the court determines to be appropriate to meet the safety, 
38.28 	health, and welfare of the child.
38.29 	(d) In determining whether the child's health or welfare would be immediately 
38.30 	endangered, the court shall consider whether the child would reside with a perpetrator 
38.31 	of domestic child abuse.
38.32 	(c) (e)  The court, before determining whether a child should be placed in or continue 
38.33 	in foster care under the protective care of the responsible agency, shall also make a 
38.34 	determination, consistent with section 260.012 as to whether reasonable efforts were made 
38.35 	to prevent placement or whether reasonable efforts to prevent placement are not required. 
38.36 	In the case of an Indian child, the court shall determine whether active efforts, according 
39.1 	to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), 
39.2 	were made to prevent placement. The court shall enter a finding that the responsible 
39.3 	social services agency has made reasonable efforts to prevent placement when the agency 
39.4 	establishes either:
39.5 	(1) that it has actually provided services or made efforts in an attempt to prevent 
39.6 	the child's removal but that such services or efforts have not proven sufficient to permit 
39.7 	the child to safely remain in the home; or
39.8 	(2) that there are no services or other efforts that could be made at the time of the 
39.9 	hearing that could safely permit the child to remain home or to return home. When 
39.10 	reasonable efforts to prevent placement are required and there are services or other efforts 
39.11 	that could be ordered which would permit the child to safely return home, the court shall 
39.12 	order the child returned to the care of the parent or guardian and the services or efforts put 
39.13 	in place to ensure the child's safety. When the court makes a prima facie determination 
39.14 	that one of the circumstances under paragraph (e) (g) exists, the court shall determine that 
39.15 	reasonable efforts to prevent placement and to return the child to the care of the parent or 
39.16 	guardian are not required.
39.17 	If the court finds the social services agency's preventive or reunification efforts 
39.18 	have not been reasonable but further preventive or reunification efforts could not permit 
39.19 	the child to safely remain at home, the court may nevertheless authorize or continue 
39.20 	the removal of the child.
39.21 	(d) (f) The court may not order or continue the foster care placement of the child 
39.22 	unless the court makes explicit, individualized findings that continued custody of the child 
39.23 	by the parent or guardian would be contrary to the welfare of the child and that placement 
39.24 	is in the best interest of the child.
39.25 	(e) (g) At the emergency removal hearing, or at any time during the course of the 
39.26 	proceeding, and upon notice and request of the county attorney, the court shall determine 
39.27 	whether a petition has been filed stating a prima facie case that:
39.28 	(1) the parent has subjected a child to egregious harm as defined in section 
39.29 	260C.007, subdivision 14;
39.30 	(2) the parental rights of the parent to another child have been involuntarily 
39.31 	terminated;
39.32 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, 
39.33 	paragraph (a), clause (2);
39.34 	(4) the parents' custodial rights to another child have been involuntarily transferred 
39.35 	to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar 
39.36 	law of another jurisdiction; or
40.1 	(5) the provision of services or further services for the purpose of reunification is 
40.2 	futile and therefore unreasonable.
40.3 	(f) (h) When a petition to terminate parental rights is required under section 
40.4 	260C.301, subdivision 3 or 4, but the county attorney has determined not to proceed 
40.5 	with a termination of parental rights petition, and has instead filed a petition to transfer 
40.6 	permanent legal and physical custody to a relative under section 260C.201, subdivision 11, 
40.7 	the court shall schedule a permanency hearing within 30 days of the filing of the petition.
40.8 	(g) (i) If the county attorney has filed a petition under section 260C.307, the court 
40.9 	shall schedule a trial under section 260C.163 within 90 days of the filing of the petition 
40.10 	except when the county attorney determines that the criminal case shall proceed to trial 
40.11 	first under section 260C.201, subdivision 3.
40.12 	(h) (j) If the court determines the child should be ordered into foster care and 
40.13 	the child's parent refuses to give information to the responsible social services agency 
40.14 	regarding the child's father or relatives of the child, the court may order the parent to 
40.15 	disclose the names, addresses, telephone numbers, and other identifying information to the 
40.16 	responsible social services agency for the purpose of complying with the requirements of 
40.17 	sections 260C.151, 260C.212, and 260C.215.
40.18 	(i) (k) If a child ordered into foster care has siblings, whether full, half, or step, who 
40.19 	are also ordered into foster care, the court shall inquire of the responsible social services 
40.20 	agency of the efforts to place the children together as required by section 260C.212, 
40.21 	subdivision 2, paragraph (d), if placement together is in each child's best interests, unless a 
40.22 	child is in placement due solely to the child's own behavior or a child is placed with 
40.23 	a previously noncustodial parent who is not parent to all siblings. If the children are 
40.24 	not placed together at the time of the hearing, the court shall inquire at each subsequent 
40.25 	hearing of the agency's efforts to place the siblings together. If any sibling is not placed 
40.26 	with another sibling or siblings, the agency must develop a plan for visitation among the 
40.27 	siblings as required under section 260C.212, subdivision 1.

40.28 	Sec. 32. Minnesota Statutes 2006, section 260C.205, is amended to read:
40.29 	260C.205 DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS
40.30 	FOR TREATMENT.
40.31 	Unless the court disposes of the petition under section 260C.141, subdivision 2,
40.32 	Upon a petition for review of the foster care status of aby a parent or guardian under 
40.33 	section 260C.141, subdivision 1, regarding a child in voluntary foster care for treatment 
40.34 	under chapter 260D, the court may:
41.1 	(a) find that the child's needs are not being met, in which case the court shall order 
41.2 	the social services agency or the parents to take whatever action is necessary and feasible 
41.3 	to meet the child's needs, including, when appropriate, the provision by the social services 
41.4 	agency of services to the parents which would enable the child to live at home, and order a 
41.5 	disposition under section 260C.201.
41.6 	(b) Find that the child has been abandoned by parents financially or emotionally, or 
41.7 	that the developmentally disabled child does not require out-of-home care because of the 
41.8 	disabling condition, in which case the court shall order the social services agency to file an 
41.9 	appropriate petition pursuant to section 260C.141, subdivision 1, or 260C.307.
41.10 	(c) When a child is in placement due solely to the child's developmental disability or 
41.11 	emotional disturbance and the court finds that there are compelling reasons which permit 
41.12 	the court to approve the continued voluntary placement of the child and retain jurisdiction 
41.13 	to conduct reviews as required under section 260C.141, subdivision 2, the court shall give 
41.14 	the parent notice by registered United States mail of the review requirements of section 
41.15 	260C.141, subdivision 2, in the event the child continues in placement 12 months or longer.
41.16 	Nothing in this section shall be construed to prohibit bringing a petition pursuant 
41.17 	to section 260C.141, subdivision 1 or 4, sooner than required by court order pursuant 
41.18 	to this section.

41.19 	Sec. 33. Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 1, 
41.20 	is amended to read:
41.21 		Subdivision 1.Subjects. The responsible social services agency must initiate a 
41.22 	background study to be completed by the commissioner under chapter 245C may have 
41.23 	access to the criminal history and history of child and adult maltreatment on the following 
41.24 	individuals:
41.25 	(1) a noncustodial parent or nonadjudicated parent who is being assessed for 
41.26 	purposes of providing day-to-day care of a child temporarily or permanently under section 
41.27 	260C.212, subdivision 4, and any member of the parent's household who is over the age of 
41.28 	13 when there is a reasonable cause to believe that the parent or household member over 
41.29 	age 13 has a criminal history or a history of maltreatment of a child or vulnerable adult 
41.30 	which would endanger the child's health, safety, or welfare;
41.31 	(2) an individual whose suitability for relative placement under section 260C.212, 
41.32 	subdivision 5, is being determined and any member of the relative's household who is 
41.33 	over the age of 13 when:
41.34 	(i) the relative must be licensed for foster care; or
41.35 	(ii) the background study is required under section 259.53, subdivision 2; or
42.1 	(iii) the agency or the commissioner has reasonable cause to believe the relative 
42.2 	or household member over the age of 13 has a criminal history which would not make 
42.3 	transfer of permanent legal and physical custody to the relative under section 260C.201, 
42.4 	subdivision 11, in the child's best interest; and
42.5 	(3) a parent, following an out-of-home placement, when the responsible social 
42.6 	services agency has reasonable cause to believe that the parent has been convicted of a 
42.7 	crime directly related to the parent's capacity to maintain the child's health, safety, or 
42.8 	welfare or the parent is the subject of an open investigation of, or has been the subject 
42.9 	of a substantiated allegation of, child or vulnerable-adult maltreatment within the past 
42.10 	ten years.
42.11 	"Reasonable cause" means that the agency has received information or a report from the 
42.12 	subject or a third person that creates an articulable suspicion that the individual has a 
42.13 	history that may pose a risk to the health, safety, or welfare of the child. The information 
42.14 	or report must be specific to the potential subject of the background check and shall not 
42.15 	be based on the race, religion, ethnic background, age, class, or lifestyle of the potential 
42.16 	subject.

42.17 	Sec. 34. Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 2, 
42.18 	is amended to read:
42.19 		Subd. 2.General procedures. (a) When initiating a background checkaccessing 
42.20 	information  under subdivision 1, the agency shall require the individual being assessed 
42.21 	to provide sufficient information to ensure an accurate assessment under this section, 
42.22 	including:
42.23 	(1) the individual's first, middle, and last name and all other names by which the 
42.24 	individual has been known;
42.25 	(2) home address, zip code, city, county, and state of residence for the past five years;
42.26 	(3) sex;
42.27 	(4) date of birth; and
42.28 	(5) driver's license number or state identification number.
42.29 	(b) When notified by the commissioner or the responsible social services agency that 
42.30 	it is conducting an assessment under this sectionaccessing information under subdivision 
42.31 	1, the Bureau of Criminal Apprehension, commissioners of health and human services, 
42.32 	law enforcement, and county agencies must provide the commissioner or the responsible 
42.33 	social services agency or county attorney with the following information on the individual 
42.34 	being assessed: criminal history data, local law enforcement data about the household, 
43.1 	reports about the maltreatment of adults substantiated under section 626.557, and reports 
43.2 	of maltreatment of minors substantiated under section 626.556.

43.3 	Sec. 35. Minnesota Statutes 2007 Supplement, section 260C.209, is amended by 
43.4 	adding a subdivision to read:
43.5 		Subd. 5.Assessment for emergency relative placement. The responsible social 
43.6 	services agency may obtain household members' criminal history and the history of 
43.7 	maltreatment of a child or adult and use the history to assess whether putting the child 
43.8 	in the household would endanger the child's health, safety, or welfare and to assess the 
43.9 	suitability of a relative prior to an emergency placement. This assessment does not 
43.10 	substitute for the background study required under chapter 245C and does not supersede 
43.11 	requirements related to emergency placement under section 245A.035.

43.12 	Sec. 36. Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 1, 
43.13 	is amended to read:
43.14 		Subdivision 1.Out-of-home placement; plan. (a) An out-of-home placement plan 
43.15 	shall be prepared within 30 days after any child is placed in a residential facility foster 
43.16 	care by court order or by thea voluntary release of the child byplacement agreement 
43.17 	between the responsible social services agency and the child's parent or parents pursuant 
43.18 	to subdivision 8 or chapter 260D.
43.19 	For purposes of this section, a residential facility means any group home, family 
43.20 	foster home or other publicly supported out-of-home residential facility, including any 
43.21 	out-of-home residential facility under contract with the state, county or other political 
43.22 	subdivision, or any agency thereof, to provide those services or foster care as defined in 
43.23 	section 260C.007, subdivision 18.
43.24 	(b) An out-of-home placement plan means a written document which is prepared by 
43.25 	the responsible social services agency jointly with the parent or parents or guardian of the 
43.26 	child and in consultation with the child's guardian ad litem, the child's tribe, if the child is 
43.27 	an Indian child, the child's foster parent or representative of the residential facility, and, 
43.28 	where appropriate, the child. For a child in placement due solely or in part to the child's 
43.29 	emotional disturbance voluntary foster care for treatment under chapter 260D, preparation 
43.30 	of the out-of-home placement plan shall additionally include the child's mental health 
43.31 	treatment provider. As appropriate, the plan shall be:
43.32 	(1) submitted to the court for approval under section 260C.178, subdivision 7;
43.33 	(2) ordered by the court, either as presented or modified after hearing, under section 
43.34 	260C.178, subdivision 7, or 260C.201, subdivision 6; and
44.1 	(3) signed by the parent or parents or guardian of the child, the child's guardian ad 
44.2 	litem, a representative of the child's tribe, the responsible social services agency, and, if 
44.3 	possible, the child.
44.4 	(c) The out-of-home placement plan shall be explained to all persons involved in its 
44.5 	implementation, including the child who has signed the plan, and shall set forth:
44.6 	(1) a description of the residential facility including how the out-of-home placement 
44.7 	plan is designed to achieve a safe placement for the child in the least restrictive, most 
44.8 	family-like, setting available which is in close proximity to the home of the parent or 
44.9 	parents or guardian of the child when the case plan goal is reunification, and how the 
44.10 	placement is consistent with the best interests and special needs of the child according to 
44.11 	the factors under subdivision 2, paragraph (b);
44.12 	(2) the specific reasons for the placement of the child in a residential facility, and 
44.13 	when reunification is the plan, a description of the problems or conditions in the home of 
44.14 	the parent or parents which necessitated removal of the child from home and the changes 
44.15 	the parent or parents must make in order for the child to safely return home;
44.16 	(3) a description of the services offered and provided to prevent removal of the child 
44.17 	from the home and to reunify the family including:
44.18 	(i) the specific actions to be taken by the parent or parents of the child to eliminate 
44.19 	or correct the problems or conditions identified in clause (2), and the time period during 
44.20 	which the actions are to be taken; and
44.21 	(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made 
44.22 	to achieve a safe and stable home for the child including social and other supportive 
44.23 	services to be provided or offered to the parent or parents or guardian of the child, the 
44.24 	child, and the residential facility during the period the child is in the residential facility;
44.25 	(4) a description of any services or resources that were requested by the child or the 
44.26 	child's parent, guardian, foster parent, or custodian since the date of the child's placement 
44.27 	in the residential facility, and whether those services or resources were provided and if 
44.28 	not, the basis for the denial of the services or resources;
44.29 	(5) the visitation plan for the parent or parents or guardian, other relatives as defined 
44.30 	in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed 
44.31 	together in the residential facility foster care, and whether visitation is consistent with the 
44.32 	best interest of the child, during the period the child is in the residential facility foster care;
44.33 	(6) documentation of steps to finalize the adoption or legal guardianship of the child 
44.34 	if the court has issued an order terminating the rights of both parents of the child or of the 
44.35 	only known, living parent of the child. At a minimum, the documentation must include 
44.36 	child-specific recruitment efforts such as relative search and the use of state, regional, and 
45.1 	national adoption exchanges to facilitate orderly and timely placements in and outside 
45.2 	of the state. A copy of this documentation shall be provided to the court in the review 
45.3 	required under section 260C.317, subdivision 3, paragraph (b);
45.4 	(7) the health and educational records of the child including the most recent 
45.5 	information available regarding:
45.6 	(i) the names and addresses of the child's health and educational providers;
45.7 	(ii) the child's grade level performance;
45.8 	(iii) the child's school record;
45.9 	(iv) assurances that the child's placement in foster care takes into account proximity 
45.10 	to the school in which the child is enrolled at the time of placement;
45.11 	(v) a record of the child's immunizations;
45.12 	(vi) the child's known medical problems, including any known communicable 
45.13 	diseases, as defined in section 144.4172, subdivision 2;
45.14 	(vii) the child's medications; and
45.15 	(viii) any other relevant health and education information;
45.16 	(8) an independent living plan for a child age 16 or older who is in placement as 
45.17 	a result of a permanency disposition. The plan should include, but not be limited to, 
45.18 	the following objectives:
45.19 	(i) educational, vocational, or employment planning;
45.20 	(ii) health care planning and medical coverage;
45.21 	(iii) transportation including, where appropriate, assisting the child in obtaining a 
45.22 	driver's license;
45.23 	(iv) money management;
45.24 	(v) planning for housing;
45.25 	(vi) social and recreational skills; and
45.26 	(vii) establishing and maintaining connections with the child's family and 
45.27 	community; and
45.28 	(9) for a child in placement due solely or in part to the child's emotional disturbance
45.29 	voluntary foster care for treatment under chapter 260D, diagnostic and assessment 
45.30 	information, specific services relating to meeting the mental health care needs of the 
45.31 	child, and treatment outcomes.
45.32 	(d) The parent or parents or guardian and the child each shall have the right to legal 
45.33 	counsel in the preparation of the case plan and shall be informed of the right at the time 
45.34 	of placement of the child. The child shall also have the right to a guardian ad litem. 
45.35 	If unable to employ counsel from their own resources, the court shall appoint counsel 
45.36 	upon the request of the parent or parents or the child or the child's legal guardian. The 
46.1 	parent or parents may also receive assistance from any person or social services agency 
46.2 	in preparation of the case plan.
46.3 	After the plan has been agreed upon by the parties involved or approved or ordered 
46.4 	by the court, the foster parents shall be fully informed of the provisions of the case plan 
46.5 	and shall be provided a copy of the plan.
46.6 	Upon discharge from foster care, the parent, adoptive parent, or permanent legal and 
46.7 	physical custodian, as appropriate, and the child, if appropriate, must be provided with 
46.8 	a current copy of the child's health and education record.

46.9 	Sec. 37. Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 4, 
46.10 	is amended to read:
46.11 		Subd. 4.Responsible social service agency's duties for children in placement.
 46.12 	(a) When a child is in placementfoster care, the responsible social services agency shall 
46.13 	make diligent efforts to identify, locate, and, where appropriate, offer services to both 
46.14 	parents of the child.
46.15 	(1) The responsible social services agency shall assess whether a noncustodial or 
46.16 	nonadjudicated parent is willing and capable of providing for the day-to-day care of the 
46.17 	child temporarily or permanently. An assessment under this clause may include, but 
46.18 	is not limited to, obtaining information under section 260C.209. If after assessment, 
46.19 	the responsible social services agency determines that a noncustodial or nonadjudicated 
46.20 	parent is willing and capable of providing day-to-day care of the child, the responsible 
46.21 	social services agency may seek authority from the custodial parent or the court to have 
46.22 	that parent assume day-to-day care of the child. If a parent is not an adjudicated parent, 
46.23 	the responsible social services agency shall require the nonadjudicated parent to cooperate 
46.24 	with paternity establishment procedures as part of the case plan.
46.25 	(2) If, after assessment, the responsible social services agency determines that the 
46.26 	child cannot be in the day-to-day care of either parent, the agency shall:
46.27 	(i) prepare an out-of-home placement plan addressing the conditions that each parent 
46.28 	must meet before the child can be in that parent's day-to-day care; and
46.29 	(ii) provide a parent who is the subject of a background study under section 
46.30 	260C.209 15 days' notice that it intends to use the study to recommend against putting the 
46.31 	child with that parent, as well as the notice provided in section 260C.209, subdivision 4, 
46.32 	and the court shall afford the parent an opportunity to be heard concerning the study.
46.33 	The results of a background study of a noncustodial parent shall not be used by the 
46.34 	agency to determine that the parent is incapable of providing day-to-day care of the child 
47.1 	unless the agency reasonably believes that placement of the child into the home of that 
47.2 	parent would endanger the child's health, safety, or welfare.
47.3 	(3) If, after the provision of services following an out-of-home placement plan under 
47.4 	this section, the child cannot return to the care of the parent from whom the child was 
47.5 	removed or who had legal custody at the time the child was placed in foster care, the 
47.6 	agency may petition on behalf of a noncustodial parent to establish legal custody with 
47.7 	that parent under section 260C.201, subdivision 11. If paternity has not already been 
47.8 	established, it may be established in the same proceeding in the manner provided for 
47.9 	under chapter 257.
47.10 	(4) The responsible social services agency may be relieved of the requirement to 
47.11 	locate and offer services to both parents by the juvenile court upon a finding of good cause 
47.12 	after the filing of a petition under section 260C.141.
47.13 	(b) The responsible social services agency shall give notice to the parent or parents
47.14 	or guardian of each child in a residential facilityfoster care, other than a child in placement 
47.15 	due solely to that child's developmental disability or emotional disturbance voluntary 
47.16 	foster care for treatment under chapter 260D, of the following information:
47.17 	(1) that residential care of the childchild's placement in foster care  may result in 
47.18 	termination of parental rights or an order permanently placing the child out of the custody 
47.19 	of the parent, but only after notice and a hearing as required under chapter 260C and 
47.20 	the juvenile court rules;
47.21 	(2) time limits on the length of placement and of reunification services, including 
47.22 	the date on which the child is expected to be returned to and safely maintained in the 
47.23 	home of the parent or parents or placed for adoption or otherwise permanently removed 
47.24 	from the care of the parent by court order;
47.25 	(3) the nature of the services available to the parent;
47.26 	(4) the consequences to the parent and the child if the parent fails or is unable to use 
47.27 	services to correct the circumstances that led to the child's placement;
47.28 	(5) the first consideration for placement with relatives;
47.29 	(6) the benefit to the child in getting the child out of residentialfoster  care as soon 
47.30 	as possible, preferably by returning the child home, but if that is not possible, through a 
47.31 	permanent legal placement of the child away from the parent;
47.32 	(7) when safe for the child, the benefits to the child and the parent of maintaining 
47.33 	visitation with the child as soon as possible in the course of the case and, in any event, 
47.34 	according to the visitation plan under this section; and
47.35 	(8) the financial responsibilities and obligations, if any, of the parent or parents for 
47.36 	the support of the child during the period the child is in the residential facilityfoster care.
48.1 	(c) The responsible social services agency shall inform a parent considering 
48.2 	voluntary placement of a child who is not developmentally disabled or emotionally
48.3 	disturbedunder subdivision 8,  of the following information:
48.4 	(1) the parent and the child each has a right to separate legal counsel before signing a 
48.5 	voluntary placement agreement, but not to counsel appointed at public expense;
48.6 	(2) the parent is not required to agree to the voluntary placement, and a parent 
48.7 	who enters a voluntary placement agreement may at any time request that the agency 
48.8 	return the child. If the parent so requests, the child must be returned within 24 hours of 
48.9 	the receipt of the request;
48.10 	(3) evidence gathered during the time the child is voluntarily placed may be used 
48.11 	at a later time as the basis for a petition alleging that the child is in need of protection 
48.12 	or services or as the basis for a petition seeking termination of parental rights or other 
48.13 	permanent placement of the child away from the parent;
48.14 	(4) if the responsible social services agency files a petition alleging that the child is 
48.15 	in need of protection or services or a petition seeking the termination of parental rights 
48.16 	or other permanent placement of the child away from the parent, the parent would have 
48.17 	the right to appointment of separate legal counsel and the child would have a right to the 
48.18 	appointment of counsel and a guardian ad litem as provided by law, and that counsel will 
48.19 	be appointed at public expense if they are unable to afford counsel; and
48.20 	(5) the timelines and procedures for review of voluntary placements under 
48.21 	subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a 
48.22 	permanent placement determination hearing under section 260C.201, subdivision 11.
48.23 	(d) When an agency accepts a child for placement, the agency shall determine 
48.24 	whether the child has had a physical examination by or under the direction of a licensed 
48.25 	physician within the 12 months immediately preceding the date when the child came into 
48.26 	the agency's care. If there is documentation that the child has had an examination within 
48.27 	the last 12 months, the agency is responsible for seeing that the child has another physical 
48.28 	examination within one year of the documented examination and annually in subsequent 
48.29 	years. If the agency determines that the child has not had a physical examination within 
48.30 	the 12 months immediately preceding placement, the agency shall ensure that the child 
48.31 	has an examination within 30 days of coming into the agency's care and once a year 
48.32 	in subsequent years.
48.33 	(e) Whether under state guardianship or not, if a child leaves foster care by reason 
48.34 	of having attained the age of majority under state law, the child must be given at no cost 
48.35 	a copy of the child's healthsocial and medical history, as defined in section 259.43, and 
48.36 	education report.

49.1 	Sec. 38. Minnesota Statutes 2006, section 260C.212, is amended by adding a 
49.2 	subdivision to read:
49.3 		Subd. 4a.Monthly caseworker visits with children in foster care. (a) Every 
49.4 	child in foster care or on a trial home visit shall be visited by the child's caseworker on 
49.5 	a monthly basis, with the majority of visits occurring in the child's residence. For the 
49.6 	purposes of this section, the following definitions apply:
49.7 	(1) "visit" is defined as a face-to-face contact between a child and the child's 
49.8 	caseworker;
49.9 	(2) "visited on a monthly basis" is defined as at least one visit per calendar month;
49.10 	(3) "the child's caseworker" is defined as the person who has responsibility for 
49.11 	managing the child's foster care placement case as assigned by the responsible social 
49.12 	service agency; and
49.13 	(4) "the child's residence" is defined as the home where the child is residing, and 
49.14 	can include the foster home, child care institution, or the home from which the child was 
49.15 	removed if the child is on a trial home visit.
49.16 	(b) Caseworker visits shall be of sufficient substance and duration to address issues 
49.17 	pertinent to case planning and service delivery to ensure the safety, permanency, and 
49.18 	well-being of the child.

49.19 	Sec. 39. Minnesota Statutes 2006, section 260C.212, subdivision 7, is amended to read:
49.20 		Subd. 7.Administrative or court review of placements. (a) There shall be 
49.21 	an administrative review of the out-of-home placement plan of each child placed in a 
49.22 	residential facilityfoster care no later than 180 days after the initial placement of the child 
49.23 	in a residential facility foster care and at least every six months thereafter if the child is not 
49.24 	returned to the home of the parent or parents within that time. The out-of-home placement 
49.25 	plan must be monitored and updated at each administrative review. The administrative 
49.26 	review shall be conducted by the responsible social services agency using a panel of 
49.27 	appropriate persons at least one of whom is not responsible for the case management of, 
49.28 	or the delivery of services to, either the child or the parents who are the subject of the 
49.29 	review. The administrative review shall be open to participation by the parent or guardian 
49.30 	of the child and the child, as appropriate.
49.31 	(b) As an alternative to the administrative review required in paragraph (a), the 
49.32 	social services agency responsible for the placement may bring a petition as provided in 
49.33 	section 260C.141, subdivision 2, to the court for review of the foster care to determine if 
49.34 	placement is in the best interests of the child. This petition must be brought to the court in 
49.35 	order for a court determination to be made regarding the best interests of the child within 
50.1 	the applicable six months and is not in lieu of the requirements contained in subdivision 
50.2 	3 or 4.may, as part of any hearing required under the Minnesota Rules of Juvenile 
50.3 	Protection Procedure, conduct a hearing to monitor and update the out-of-home placement 
50.4 	plan pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph 
50.5 	(d). The party requesting review of the out-of-home placement plan shall give parties to 
50.6 	the proceeding notice of the request to review and update the out-of-home placement 
50.7 	plan. A court review conducted pursuant to section 260C.193; 260C.201, subdivision 
50.8 	1 or 11, or section;260C.141, subdivision 2, or 2a, clause (2); or 260C.317 shall satisfy 
50.9 	the requirement for an administrativethe review so long as the other requirements of 
50.10 	this section are met. 
50.11 	(b)(c) At the review required under paragraph (a), the reviewing administrative body
50.12 	As appropriate to the stage of the proceedings and relevant court orders, the responsible 
50.13 	social services agency or the court shall review:
50.14 	(1) the safety, permanency needs, and well-being  of the child;
50.15 	(2) the continuing necessity for and appropriateness of the placement;
50.16 	(3) the extent of compliance with the out-of-home placement plan;
50.17 	(4) where appropriate, the extent of progress which has been made toward alleviating 
50.18 	or mitigating the causes necessitating placement in a residential facility foster care;
50.19 	(5) where appropriate, the projected date by which the child may be returned to and 
50.20 	safely maintained in the home or placed permanently away from the care of the parent or 
50.21 	parents or guardian; and
50.22 	(6) the appropriateness of the services provided to the child.
50.23 	(d) When a child is age 16 or older, in addition to any administrative review 
50.24 	conducted by the agency, at the review required under section 260C.201, subdivision 11, 
50.25 	paragraph (d), clause (3), item (iii); or 260C.317, subdivision 3, clause (3), the court shall 
50.26 	review the independent living plan required under subdivision 1, paragraph (c), clause 
50.27 	(8), and the provision of services to the child related to the well-being of the child as the 
50.28 	child prepares to leave foster care. The review shall include the actual plans related to 
50.29 	each item in the plan necessary to the child's future safety and well-being when the child is 
50.30 	no longer in foster care.
50.31 	(1) At the court review, the responsible social services agency shall establish that it 
50.32 	has given the notice required under Minnesota Rules, part 9560.0060, regarding the right 
50.33 	to continued access to services for certain children in foster care past age 18 and of the 
50.34 	right to appeal a denial of social services under section 256.245. If the agency is unable 
50.35 	to establish that the notice, including the right to appeal a denial of social services, has 
50.36 	been given, the court shall require the agency to give it.
51.1 	(2) The court shall make findings regarding progress toward or accomplishment of 
51.2 	the following goals:
51.3 	 (i) the child, the child's parents or legal guardian, and the foster parents have been 
51.4 	notified in writing of the availability of foster care benefits up to age 21 and how to file an 
51.5 	appeal if a request for foster care benefits up to age 21 is denied by the county;
51.6 	(ii) the child has obtained a high school diploma or its equivalent; 
51.7 	(iii) the child has completed a driver's education course or has demonstrated the 
51.8 	ability to use public transportation in the child's community; 
51.9 	(iv) the child is employed or enrolled in postsecondary education; 
51.10 	(v) the child has applied for and obtained postsecondary education financial aid for 
51.11 	which the child is eligible; 
51.12 	(vi) the child has health care coverage and health care providers to meet the child's 
51.13 	physical and mental health needs; 
51.14 	(vii) the child has applied for and obtained disability income assistance for which 
51.15 	the child is eligible; 
51.16 	(viii) the child has obtained affordable housing with necessary supports, which does 
51.17 	not include a homeless shelter; 
51.18 	(ix) the child has saved sufficient funds to pay for the first month's rent and a 
51.19 	damage deposit; 
51.20 	(x) the child has an alternative affordable housing plan, which does not include a 
51.21 	homeless shelter, if the original housing plan is unworkable; 
51.22 	(xi) the child, if male, has registered for the Selective Service; and 
51.23 	(xii) the child has a permanent connection to a caring adult.
51.24 	(3) The court shall ensure that the responsible agency in conjunction with the 
51.25 	placement provider assists the child in obtaining the following documents prior to the 
51.26 	child's leaving foster care: a Social Security card; the child's birth certificate; a state 
51.27 	identification card or driver's license, green card, or school visa; the child's school, 
51.28 	medical, and dental records; a contact list of the child's medical, dental, and mental health 
51.29 	providers; and contact information for the child's siblings, if the siblings are in foster care.

51.30 	Sec. 40. Minnesota Statutes 2006, section 260C.212, subdivision 8, is amended to read:
51.31 		Subd. 8.Review of Voluntary placements foster care; required court review.
 51.32 	Except for a child in placement due solely to the child's developmental disability or 
51.33 	emotional disturbance, if When the responsible social services agency and the child's 
51.34 	parent or guardian agree that the child's safety, health, and best interests require that the 
51.35 	child be in foster care, the agency and the parent or guardian may enter into a voluntary 
52.1 	agreement for the placement of the child in foster care. The voluntary agreement must be 
52.2 	in writing and in a form approved by the commissioner. When the child has been placed in 
52.3 	a residential facilityfoster care pursuant to a voluntary release byfoster care agreement 
52.4 	between the agency and the parent or parents, under this subdivision and  the child is not 
52.5 	returned home within 90 days after initial placement in the residential facility foster care, 
52.6 	the social services agency responsible for the child's placement in foster care shall:
52.7 	(1) return the child to the home of the parent or parents; or
52.8 	(2) file a petition according to section 260C.141, subdivision 1 or 2, which may: 
52.9 	(i) ask the court to review the child's placement in foster care and approve it as 
52.10 	continued voluntary foster care for up to an additional 90 days;
52.11 	(ii) ask the court to order continued out-of-home placementfoster care according to 
52.12 	sections 260C.178 and 260C.201; or 
52.13 	(iii) ask the court to terminate parental rights under section 260C.301. 
52.14 	The out-of-home placement plan must be updated and filed along with the petition.
52.15 	If the court approves continued out-of-home placementcontinuing the child in foster 
52.16 	care for up to 90 more days on a voluntary basis, at the end of the court-approved 90-day 
52.17 	period, the child must be returned to the parent's home. If the child is not returned home, 
52.18 	the responsible social services agency must proceed on the petition filed alleging the child 
52.19 	in need of protection or services or the petition for termination of parental rights or other 
52.20 	permanent placement of the child away from the parent. The court must find a statutory 
52.21 	basis to order the placement of the child under section 260C.178; 260C.201; or 260C.317.

52.22 	Sec. 41. Minnesota Statutes 2006, section 260C.325, subdivision 1, is amended to read:
52.23 		Subdivision 1.Transfer of custody. (a) If the court terminates parental rights of 
52.24 	both parents or of the only known living parent, the court shall order the guardianship and 
52.25 	the legal custody of the child transferred to:
52.26 	(a) (1) the commissioner of human services; or
52.27 	(b) (2) a licensed child-placing agency; or
52.28 	(c)(3) an individual who is willing and capable of assuming the appropriate duties 
52.29 	and responsibilities to the child.
52.30 	(b) The court shall order transfer of guardianship and legal custody of a child to 
52.31 	the commissioner of human services only when the responsible county social services 
52.32 	agency had legal responsibility for planning for the permanent placement of the child and 
52.33 	the child was in foster care under the legal responsibility of the responsible county social 
52.34 	services agency at the time the court orders guardianship and legal custody transferred to 
52.35 	the commissioner.

53.1 	Sec. 42. Minnesota Statutes 2006, section 260C.325, subdivision 3, is amended to read:
53.2 		Subd. 3.Both parents deceased. (a) If upon petition to the juvenile court by a 
53.3 	reputable person, including but not limited to an agent of the commissioner of human 
53.4 	services, and upon hearing in the manner provided in section 260C.163, the court finds 
53.5 	that both parents or the only known legal parent are or is deceased and no appointment has 
53.6 	been made or petition for appointment filed pursuant to sections 524.5-201 to 524.5-317, 
53.7 	the court shall order the guardianship and legal custody of the child transferred to: 
53.8 	(a)(1) the commissioner of human services;
53.9 	(b)(2) a licensed child-placing agency; or
53.10 	(c)(3) an individual who is willing and capable of assuming the appropriate duties 
53.11 	and responsibilities to the child.
53.12 	(b) The court shall order transfer of guardianship and legal custody of a child to the 
53.13 	commissioner of human services only if there is no individual who is willing and capable 
53.14 	of assuming the appropriate duties and responsibilities to the child.

53.15 	Sec. 43. [260D.001] CHILD IN VOLUNTARY FOSTER CARE FOR 
53.16 	TREATMENT.
53.17 	(a) Sections 260D.001 to 260D.301, may be cited as the "child in voluntary foster 
53.18 	care for treatment" provisions of the Juvenile Court Act.
53.19 	(b) The juvenile court has original and exclusive jurisdiction over a child in 
53.20 	voluntary foster care for treatment upon the filing of a report or petition required under 
53.21 	this chapter. All obligations of the agency to a child and family in foster care contained in 
53.22 	chapter 260C not inconsistent with this chapter are also obligations of the agency with 
53.23 	regard to a child in foster care for treatment under this chapter.
53.24 	(c) This chapter shall be construed consistently with the mission of the children's 
53.25 	mental health service system as set out in section 245.487, subdivision 3, and the duties of 
53.26 	an agency under section 256B.092, and Minnesota Rules, parts 9525.0004 to 9525.0016, 
53.27 	to meet the needs of a child with a developmental disability or related condition. This 
53.28 	chapter:
53.29 	(1) establishes voluntary foster care through a voluntary foster care agreement as the 
53.30 	means for an agency and a parent to provide needed treatment when the child must be in 
53.31 	foster care to receive necessary treatment for an emotional disturbance or developmental 
53.32 	disability or related condition;
53.33 	(2) establishes court review requirements for a child in voluntary foster care for 
53.34 	treatment due to emotional disturbance or developmental disability or a related condition;
54.1 	(3) establishes the ongoing responsibility of the parent as legal custodian to visit the 
54.2 	child, to plan together with the agency for the child's treatment needs, to be available and 
54.3 	accessible to the agency to make treatment decisions, and to obtain necessary medical, 
54.4 	dental, and other care for the child; and
54.5 	(4) applies to voluntary foster care when the child's parent and the agency agree that 
54.6 	the child's treatment needs require foster care either:
54.7 	(i) due to a level of care determination by the agency's screening team informed by 
54.8 	the diagnostic and functional assessment under section 245.4885; or
54.9 	(ii) due to a determination regarding the level of services needed by the responsible 
54.10 	social services' screening team under section 256B.092, and Minnesota Rules, parts 
54.11 	9525.0004 to 9525.0016.
54.12 	(d) This chapter does not apply when there is a current determination under section 
54.13 	626.556 that the child requires child protective services or when the child is in foster care 
54.14 	for any reason other than treatment for the child's emotional disturbance or developmental 
54.15 	disability or related condition. When there is a determination under section 626.556 that 
54.16 	the child requires child protective services based on an assessment that there are safety 
54.17 	and risk issues for the child that have not been mitigated through the parent's engagement 
54.18 	in services or otherwise, or when the child is in foster care for any reason other than 
54.19 	the child's emotional disturbance or developmental disability or related condition, the 
54.20 	provisions of chapter 260C apply.
54.21 	(e) The paramount consideration in all proceedings concerning a child in voluntary 
54.22 	foster care for treatment is the safety, health, and the best interests of the child. The 
54.23 	purpose of this chapter is:
54.24 	(1) to ensure a child with a disability is provided the services necessary to treat or 
54.25 	ameliorate the symptoms of the child's disability;
54.26 	(2) to preserve and strengthen the child's family ties whenever possible and in the 
54.27 	child's best interests, approving the child's placement away from the child's parents only 
54.28 	when the child's need for care or treatment requires it and the child cannot be maintained 
54.29 	in the home of the parent; and
54.30 	(3) to ensure the child's parent retains legal custody of the child and associated 
54.31 	decision-making authority unless the child's parent willfully fails or is unable to make 
54.32 	decisions that meet the child's safety, health, and best interests. The court may not find 
54.33 	that the parent willfully fails or is unable to make decisions that meet the child's needs 
54.34 	solely because the parent disagrees with the agency's choice of foster care facility, unless 
54.35 	the agency files a petition under chapter 260C, and establishes by clear and convincing 
54.36 	evidence that the child is in need of protection or services.
55.1 	(f) The legal parent-child relationship shall be supported under this chapter by 
55.2 	maintaining the parent's legal authority and responsibility for ongoing planning for the 
55.3 	child and by the agency's assisting the parent, where necessary, to exercise the parent's 
55.4 	ongoing right and obligation to visit or to have reasonable contact with the child. Ongoing 
55.5 	planning means:
55.6 	(1) actively participating in the planning and provision of educational services, 
55.7 	medical, and dental care for the child;
55.8 	(2) actively planning and participating with the agency and the foster care facility 
55.9 	for the child's treatment needs; and
55.10 	(3) planning to meet the child's need for safety, stability, and permanency, and the 
55.11 	child's need to stay connected to the child's family and community.
55.12 	(g) The provisions of section 260.012 to ensure placement prevention, family 
55.13 	reunification, and all active and reasonable effort requirements of that section apply. This 
55.14 	chapter shall be construed consistently with the requirements of the Indian Child Welfare 
55.15 	Act of 1978, United States Code, title 25, section 1901, et.al., and the provisions of the 
55.16 	Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

55.17 	Sec. 44. [260D.005] DEFINITIONS.
55.18 		Subdivision 1.Definitions. The definitions in this section supplement the definitions 
55.19 	in section 260C.007. The definitions in section 260C.007 apply to this chapter and have 
55.20 	the same meaning for purposes of this chapter as for chapter 260C.
55.21 		Subd. 2.Agency. "Agency" means the responsible social services agency or 
55.22 	a licensed child-placing agency.
55.23 		Subd. 3.Case plan. "Case plan" means any plan for the delivery of services 
55.24 	to a child and parent, or when reunification is not required, the child alone, that is 
55.25 	developed according to the requirements of sections 245.4871, subdivision 19 or 21; 
55.26 	245.492, subdivision 16; 256B.092; 260C.212, subdivision 1; 626.556, subdivision 10; 
55.27 	and Minnesota Rules, parts 9525.0004 to 9525.0016.
55.28 		Subd. 4.Child. "Child" means an individual under 18 years of age.
55.29 		Subd. 5.Child in voluntary foster care for treatment. "Child in voluntary foster 
55.30 	care for treatment" means a child who is emotionally disturbed or developmentally 
55.31 	disabled or has a related condition and is in foster care under a voluntary foster care 
55.32 	agreement between the child's parent and the agency due to concurrence between the 
55.33 	agency and the parent that the child's level of care requires placement in foster care either:
55.34 	(1) due to a determination by the agency's screening team based on its review of the 
55.35 	diagnostic and functional assessment under section 245.4885; or
56.1 	(2) due to a determination by the agency's screening team under section 256B.092, 
56.2 	and Minnesota Rules, parts 9525.0004 to 9525.0016.
56.3 	A child is not in voluntary foster care for treatment under this chapter when there 
56.4 	is a current determination under section 626.556 that the child requires child protective 
56.5 	services or when the child is in foster care for any reason other than the child's emotional 
56.6 	or developmental disability or related condition.
56.7 		Subd. 6.Compelling reasons. "Compelling reasons" has the same meaning as it is 
56.8 	used in section 260C.007, subdivision 8. The agency may determine compelling reasons 
56.9 	when the child is in foster care for treatment and no grounds to terminate parental rights 
56.10 	exist because the child must be in placement to access treatment, the child's individual 
56.11 	treatment needs cannot be met in the child's home or through community-based care, and 
56.12 	the parent continues to be responsible for planning together with the agency for the child's 
56.13 	needs and maintains appropriate contact with the child.
56.14 		Subd. 7.Court. "Court" means juvenile court unless otherwise specified in this 
56.15 	section.
56.16 		Subd. 8.Developmental disability. "Developmental disability" means 
56.17 	developmental disability as defined in United States Code, title 42, section 6001(8).
56.18 		Subd. 9.Emotionally disturbed or emotional disturbance. "Emotionally 
56.19 	disturbed" or "emotional disturbance" means emotional disturbance as described in 
56.20 	section 245.4871, subdivision 15.
56.21 		Subd. 10.Foster care. "Foster care" means 24-hour substitute care for children 
56.22 	placed away from their parents and for whom an agency has placement and care 
56.23 	responsibility. Foster care includes, but is not limited to, placement in foster family homes, 
56.24 	foster homes of relatives, group homes, emergency shelters, residential facilities not 
56.25 	excluded in this subdivision, child care institutions, and preadoptive homes. A child is in 
56.26 	foster care under this definition, regardless of whether the facility is licensed and payments 
56.27 	are made for the cost of care. Nothing in this definition creates any authority to place a 
56.28 	child in a home or facility that is required to be licensed that is not licensed. Foster care 
56.29 	does not include placement in any of the following facilities: hospitals, inpatient chemical 
56.30 	dependency treatment facilities, facilities that are primarily for delinquent children, 
56.31 	any corrections facility or program within a particular corrections facility not meeting 
56.32 	requirements for Title IV-E facilities as determined by the commissioner, facilities to 
56.33 	which a child is committed under the provision of chapter 253B, forestry camps, or jails.
56.34 		Subd. 11.Legal authority to place the child. "Legal authority to place the child" 
56.35 	means the agency has legal responsibility for the care and control of the child while the 
56.36 	child is in foster care. The agency may acquire legal authority to place a child through 
57.1 	a voluntary placement agreement between the agency and the child's parent under this 
57.2 	chapter. Legal authority to place the child does not mean the agency has authority to make 
57.3 	major life decisions regarding the child, including major medical decisions. A parent with 
57.4 	legal custody of the child continues to have legal authority to make major life decisions 
57.5 	regarding the child, including major medical decisions.
57.6 		Subd. 12.Minor. "Minor" means an individual under 18 years of age.
57.7 		Subd. 13.Parent. "Parent" means the birth or adoptive parent of a minor. Parent 
57.8 	also means the child's legal guardian or any individual who has legal authority to 
57.9 	make decisions and plans for the child. For an Indian child, parent includes any Indian 
57.10 	person who has adopted a child by tribal law or custom, as provided in section 260.755, 
57.11 	subdivision 14.
57.12 		Subd. 14.Reasonable efforts to finalize a permanent plan for the child.
 57.13 	"Reasonable efforts to finalize a permanent plan for the child" has the same meaning under 
57.14 	this chapter as provided in section 260.012, paragraph (e).

57.15 	Sec. 45. [260D.101] VOLUNTARY FOSTER CARE.
57.16 		Subdivision 1.Voluntary foster care. When the agency's screening team, based 
57.17 	upon the diagnostic and functional assessment under section 245.4885 or 256B.092, 
57.18 	subdivision 7, determines the child's need for treatment due to emotional disturbance or 
57.19 	developmental disability or related condition requires foster care placement of the child, 
57.20 	a voluntary foster care agreement between the child's parent and the agency gives the 
57.21 	agency legal authority to place the child in foster care.
57.22 		Subd. 2.Voluntary foster care agreement. A voluntary foster care agreement 
57.23 	shall be used to provide the agency the legal authority to place a child in foster care for 
57.24 	treatment due to the child's disability. The agreement must be in writing and signed by 
57.25 	both the child's parent and the agency. The agreement must be in a form approved by the 
57.26 	commissioner of human services, and shall contain notice to parents of the consequences 
57.27 	to the parent and to the child of being in voluntary foster care.

57.28 	Sec. 46. [260D.102] REQUIRED INFORMATION FOR A CHILD IN 
57.29 	VOLUNTARY FOSTER CARE FOR TREATMENT.
57.30 	An agency with authority to place a child in voluntary foster care for treatment due 
57.31 	to emotional disturbance or developmental disability or related condition, shall inform the 
57.32 	child, age 12 or older, of the following:
58.1 	(1) the child has the right to be consulted in the preparation of the out-of-home 
58.2 	placement plan required under section 260C.212, subdivision 1, and the administrative 
58.3 	review required under section 260C.212, subdivision 7;
58.4 	(2) the child has the right to visit the parent and the right to visit the child's siblings 
58.5 	as determined safe and appropriate by the parent and the agency;
58.6 	(3) if the child disagrees with the foster care facility or services provided under 
58.7 	the out-of-home placement plan required under section 260C.212, subdivision 1, the 
58.8 	agency shall include information about the nature of the child's disagreement and, to the 
58.9 	extent possible, the agency's understanding of the basis of the child's disagreement in the 
58.10 	information provided to the court in the report required under section 260D.105; and
58.11 	(4) the child has the rights established under Minnesota Rules, part 2960.0050, as a 
58.12 	resident of a facility licensed by the state.

58.13 	Sec. 47. [260D.103] ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY 
58.14 	FOSTER CARE FOR TREATMENT.
58.15 	The administrative reviews required under section 260C.212, subdivision 7, must 
58.16 	be conducted for a child in voluntary foster care for treatment, except that the initial 
58.17 	administrative review must take place prior to the submission of the report to the court 
58.18 	required under section 260D.105, subdivision 2.

58.19 	Sec. 48. [260D.105] AGENCY REPORT TO THE COURT AND COURT 
58.20 	REVIEW OF CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT DUE 
58.21 	TO DISABILITY.
58.22 		Subdivision 1.Judicial review. In the case of a child in voluntary foster care for 
58.23 	treatment due to disability under section 260D.101, the agency shall obtain judicial review 
58.24 	of the child's voluntary foster care placement within 165 days of the placement.
58.25 		Subd. 2.Agency report to court; court review. The agency shall obtain judicial 
58.26 	review by reporting to the court according to the following procedures:
58.27 	(a) A written report shall be forwarded to the court within 165 days of the date of the 
58.28 	voluntary placement agreement. The written report shall contain or have attached:
58.29 	(1) a statement of facts that necessitate the child's foster care placement;
58.30 	(2) the child's name, date of birth, race, gender, and current address;
58.31 	(3) the names, race, date of birth, residence, and post office addresses of the child's 
58.32 	parents or legal custodian;
59.1 	(4) a statement regarding the child's eligibility for membership or enrollment in an 
59.2 	Indian tribe and the agency's compliance with applicable provisions of sections 260.751 to 
59.3 	260.835;
59.4 	(5) the names and addresses of the foster parents or chief administrator of the facility 
59.5 	in which the child is placed, if the child is not in a family foster home or group home;
59.6 	(6) a copy of the out-of-home placement plan required under section 260C.212, 
59.7 	subdivision 1;
59.8 	(7) a written summary of the proceedings of any administrative review required 
59.9 	under section 260C.212, subdivision 7; and
59.10 	(8) any other information the agency, parent or legal custodian, the child or the foster 
59.11 	parent, or other residential facility wants the court to consider.
59.12 	(b) In the case of a child in placement due to emotional disturbance, the written 
59.13 	report shall include as an attachment, the child's individual treatment plan developed by 
59.14 	the child's treatment professional, as provided in section 245.4871, subdivision 21, or 
59.15 	the child's individual interagency intervention plan, as provided in section 125A.023, 
59.16 	subdivision 3, paragraph (c).
59.17 	(c) In the case of a child in placement due to developmental disability or a related 
59.18 	condition, the written report shall include as an attachment, the child's individual service 
59.19 	plan, as provided in section 256B.092, subdivision 1b; the child's individual program 
59.20 	plan, as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver 
59.21 	care plan; or the child's individual interagency intervention plan, as provided in section 
59.22 	125A.023, subdivision 3, paragraph (c).
59.23 	(d) The agency must inform the child, age 12 or older, the child's parent, and the 
59.24 	foster parent or foster care facility of the reporting and court review requirements of this 
59.25 	section and of their right to submit information to the court:
59.26 	(1) if the child or the child's parent or the foster care provider wants to send 
59.27 	information to the court, the agency shall advise those persons of the reporting date and the 
59.28 	date by which the agency must receive the information they want forwarded to the court so 
59.29 	the agency is timely able submit it with the agency's report required under this subdivision;
59.30 	(2) the agency must also inform the child, age 12 or older, the child's parent, and 
59.31 	the foster care facility that they have the right to be heard in person by the court and 
59.32 	how to exercise that right;
59.33 	(3) the agency must also inform the child, age 12 or older, the child's parent, and 
59.34 	the foster care provider that an in-court hearing will be held if requested by the child, 
59.35 	the parent, or the foster care provider; and
60.1 	(4) if, at the time required for the report under this section, a child, age 12 or older, 
60.2 	disagrees about the foster care facility or services provided under the out-of-home 
60.3 	placement plan required under section 260C.212, subdivision 1, the agency shall include 
60.4 	information regarding the child's disagreement, and to the extent possible, the basis for the 
60.5 	child's disagreement in the report required under this section.
60.6 	(e) After receiving the required report, the court has jurisdiction to make the 
60.7 	following determinations and must do so within ten days of receiving the forwarded 
60.8 	report, whether a hearing is requested:
60.9 	(1) whether the voluntary foster care arrangement is in the child's best interests;
60.10 	(2) whether the parent and agency are appropriately planning for the child; and
60.11 	(3) in the case of a child age 12 or older, who disagrees with the foster care facility 
60.12 	or services provided under the out-of-home placement plan, whether it is appropriate to 
60.13 	appoint counsel and a guardian ad litem for the child using standards and procedures 
60.14 	under section 260C.163.
60.15 	(f) Unless requested by a parent, representative of the foster care facility, or the 
60.16 	child, no in-court hearing is required in order for the court to make findings and issue an 
60.17 	order as required in paragraph (e).
60.18 	(g) If the court finds the voluntary foster care arrangement is in the child's best 
60.19 	interests and that the agency and parent are appropriately planning for the child, the 
60.20 	court shall issue an order containing explicit, individualized findings to support its 
60.21 	determination. The individualized findings shall be based on the agency's written report 
60.22 	and other materials submitted to the court. The court may make this determination 
60.23 	notwithstanding the child's disagreement, if any, reported under paragraph (d).
60.24 	(h) The court shall send a copy of the order to the county attorney, the agency, 
60.25 	parent, child, age 12 or older, and the foster parent or foster care facility.
60.26 	(i) The court shall also send the parent, the child, age 12 or older, the foster parent, or 
60.27 	representative of the foster care facility notice of the permanency review hearing required 
60.28 	under section 260D.107, paragraph (e).
60.29 	(j) If the court finds continuing the voluntary foster care arrangement is not in the 
60.30 	child's best interests or that the agency or the parent are not appropriately planning for the 
60.31 	child, the court shall notify the agency, the parent, the foster parent or foster care facility, 
60.32 	the child, age 12 or older, and the county attorney of the court's determinations and the 
60.33 	basis for the court's determinations. In this case, the court shall set the matter for hearing 
60.34 	and appoint a guardian ad litem for the child under section 260C.163, subdivision 5.

60.35 	Sec. 49. [260D.107] REQUIRED PERMANENCY REVIEW HEARING.
61.1 	(a) When the court has found that the voluntary arrangement is in the child's best 
61.2 	interests and that the agency and parent are appropriately planning for the child pursuant 
61.3 	to the report submitted under section 260D.105, and the child continues in voluntary 
61.4 	foster care as defined in section 260D.005, subdivision 10, for 13 months from the date 
61.5 	of the voluntary foster care agreement, or has been in placement for 15 of the last 22 
61.6 	months, the agency must:
61.7 	(1) terminate the voluntary foster care agreement and return the child home; or
61.8 	(2) determine whether there are compelling reasons to continue the voluntary foster 
61.9 	care arrangement and, if the agency determines there are compelling reasons, seek judicial 
61.10 	approval of its determination; or
61.11 	(3) file a petition for the termination of parental rights.
61.12 	(b) When the agency is asking for the court's approval of its determination that there 
61.13 	are compelling reasons to continue the child in the voluntary foster care arrangement, the 
61.14 	agency shall file a "Petition for Permanency Review Regarding a Child in Voluntary 
61.15 	Foster Care for Treatment" and ask the court to proceed under this section.
61.16 	(c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster 
61.17 	Care for Treatment" shall be drafted or approved by the county attorney and be under 
61.18 	oath. The petition shall include:
61.19 	(1) the date of the voluntary placement agreement;
61.20 	(2) whether the petition is due to the child's developmental disability or emotional 
61.21 	disturbance;
61.22 	(3) the plan for the ongoing care of the child and the parent's participation in the plan;
61.23 	(4) a description of the parent's visitation and contact with the child;
61.24 	(5) the date of the court finding that the foster care placement was in the best 
61.25 	interests of the child, if required under section 260D.105, or the date the agency filed the 
61.26 	motion under section 260D.201, paragraph (b);
61.27 	(6) the agency's reasonable efforts to finalize the permanent plan for the child, 
61.28 	including returning the child to the care of the child's family; and 
61.29 	(7) a citation to this chapter as the basis for the petition.
61.30 	(d) An updated copy of the out-of-home placement plan required under section 
61.31 	260C.212, subdivision 1, shall be filed with the petition.
61.32 	(e) The court shall set the date for the permanency review hearing no later than 14 
61.33 	months after the child has been in placement or within 30 days of the petition filing date 
61.34 	when the child has been in placement 15 of the last 22 months. The court shall serve the 
61.35 	petition together with a notice of hearing by United States mail on the parent, the child 
62.1 	age 12 or older, the child's guardian ad litem, if one has been appointed, the agency, the 
62.2 	county attorney, and counsel for any party.
62.3 	(f) The court shall conduct the permanency review hearing on the petition no later 
62.4 	than 14 months after the date of the voluntary placement agreement, within 30 days of the 
62.5 	filing of the petition when the child has been in placement 15 days of the last 22 months, 
62.6 	or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster 
62.7 	care under chapter 260C, as provided in section 260D.201, paragraph (b).
62.8 	(g) At the permanency review hearing, the court shall:
62.9 	(1) inquire of the parent if the parent has reviewed the "Petition for Permanency 
62.10 	Review Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is 
62.11 	accurate, and whether the parent agrees to the continued voluntary foster care arrangement 
62.12 	as being in the child's best interests;
62.13 	(2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts 
62.14 	to finalize the permanent plan for the child, including whether there are services available 
62.15 	and accessible to the parent that might allow the child to safely be with the child's family;
62.16 	(3) inquire of the parent if the parent consents to the court entering an order that:
62.17 	(i) approves the responsible agency's reasonable efforts to finalize the permanent 
62.18 	plan for the child, which includes ongoing future planning for the safety, health, and best 
62.19 	interests of the child; and
62.20 	(ii) approves the responsible agency's determination that there are compelling reasons 
62.21 	why the continued voluntary foster care arrangement is in the child's best interests; and
62.22 	(4) inquire of the child's guardian ad litem and any other party whether the guardian 
62.23 	or the party agrees that:
62.24 	(i) the court should approve the responsible agency's reasonable efforts to finalize 
62.25 	the permanent plan for the child, which includes ongoing and future planning for the 
62.26 	safety, health, and best interests of the child; and 
62.27 	(ii) the court should approve of the responsible agency's determination that there 
62.28 	are compelling reasons why the continued voluntary foster care arrangement is in the 
62.29 	child's best interests.
62.30 	(h) At a permanency review hearing under this section, the court may take the 
62.31 	following actions based on the contents of the sworn petition and the consent of the parent:
62.32 	(1) approve the agency's compelling reasons that the voluntary foster care 
62.33 	arrangement is in the best interests of the child; and
62.34 	(2) find that the agency has made reasonable efforts to finalize a plan for the 
62.35 	permanent plan for the child.
63.1 	(i) A child, age 12 or older, may object to the agency's request that the court approve 
63.2 	its compelling reasons for the continued voluntary arrangement and may be heard on the 
63.3 	reasons for the objection. Notwithstanding the child's objection, the court may approve 
63.4 	the agency's compelling reasons and the voluntary arrangement.
63.5 	(j) If the court does not approve the voluntary arrangement after hearing from the 
63.6 	child or the child's guardian ad litem, the court shall dismiss the petition. In this case, 
63.7 	either:
63.8 	(1) the child must be returned to the care of the parent; or
63.9 	(2) the agency must file a petition under section 260C.141, asking for appropriate 
63.10 	relief under section 260C.201, subdivision 11, or 260C.301.
63.11 	(k) When the court approves the agency's compelling reasons for the child to 
63.12 	continue in voluntary foster care for treatment, and finds that the agency has made 
63.13 	reasonable efforts to finalize a permanent plan for the child, the court shall approve the 
63.14 	continued voluntary foster care arrangement, and continue the matter under the court's 
63.15 	jurisdiction for the purposes of reviewing the child's placement every 12 months while 
63.16 	the child is in foster care.
63.17 	(l) A finding that the court approves the continued voluntary placement means 
63.18 	the agency has continued legal authority to place the child while a voluntary placement 
63.19 	agreement remains in effect. The parent or the agency may terminate a voluntary 
63.20 	agreement as provided in section 260D.301. Termination of a voluntary foster care 
63.21 	placement of an Indian child is governed by section 260.765, subdivision 4.

63.22 	Sec. 50. [260D.109] ANNUAL REVIEW.
63.23 	(a) After the court conducts a permanency review hearing under section 260D.107, 
63.24 	the matter must be returned to the court for further review of the child's foster care 
63.25 	placement at least every 12 months while the child is in foster care. The court shall give 
63.26 	notice to the parent and child, age 12 or older, and the foster parents of the continued 
63.27 	review requirements under this section at the permanency review hearing.
63.28 	(b) Every 12 months, the court shall determine whether the agency made reasonable 
63.29 	efforts to finalize the permanency plan for the child, which means the exercise of due 
63.30 	diligence by the agency to:
63.31 	(1) ensure that the agreement for voluntary foster care is the most appropriate legal 
63.32 	arrangement to meet the child's safety, health, and best interests;
63.33 	(2) engage and support the parent in continued involvement in planning and decision 
63.34 	making for the needs of the child;
63.35 	(3) strengthen the child's ties to the parent, relatives, and community;
64.1 	(4) implement the out-of-home placement plan required under section 260C.212, 
64.2 	subdivision 1, and ensure that the plan requires the provision of appropriate services to 
64.3 	address the physical health, mental health, and educational needs of the child; and
64.4 	(5) ensure appropriate planning for the child's safe, permanent, and independent 
64.5 	living arrangement after the child's 18th birthday.

64.6 	Sec. 51. [260D.201] PERMANENCY REVIEW AFTER ADJUDICATION 
64.7 	UNDER CHAPTER 260C.
64.8 	(a) If a child has been ordered into foster care under section 260C.178 or 260C.201, 
64.9 	subdivision 1, and the conditions that led to the court's order have been corrected so 
64.10 	that the child could safely return home except for the child's need to continue in foster 
64.11 	care for treatment due to the child's disability, the child's parent and the agency may 
64.12 	enter into a voluntary foster care agreement under this chapter using the procedure set 
64.13 	out in paragraph (b).
64.14 	(b) When the agency and the parent agree to enter into a voluntary foster care 
64.15 	agreement under this chapter, the agency must file a motion to terminate jurisdiction 
64.16 	under section 260C.193, subdivision 6, and to dismiss the order for foster care under 
64.17 	section 260C.178 or 260C.201, subdivision 1, together with the petition required under 
64.18 	section 260D.107, paragraph (b), for permanency review and the court's approval of the 
64.19 	voluntary arrangement.
64.20 	(c) The court shall send the motion and the petition filed under subdivision 2 together 
64.21 	with a notice of hearing by mail as required in section 260D.107, paragraph (e).
64.22 	(d) The petition and motion under this section must be filed no later than the time 
64.23 	the agency is required to file a petition for permanent placement under section 260C.201, 
64.24 	subdivision 11, but may be filed as soon as the agency and the parent agree that the child 
64.25 	should remain in foster care under a voluntary foster care agreement, because the child 
64.26 	needs treatment and voluntary foster care is in the child's best interest.
64.27 	(e) In order for the agency to have continuous legal authority to place the child, the 
64.28 	parent and the agency must execute a voluntary foster care agreement for the child's 
64.29 	continuation in foster care for treatment prior to the termination of the order for foster care 
64.30 	under section 260C.178 or 260C.201, subdivision 1. The parent and agency may execute 
64.31 	the voluntary foster care agreement at or before the permanency review hearing required 
64.32 	under this section. The voluntary foster care agreement shall not be effective until the 
64.33 	court terminates jurisdiction under section 260C.193, subdivision 6, and dismisses the 
64.34 	order for foster care under section 260C.178 or 260C.201, subdivision 1. Unless the 
64.35 	agency and the parent execute a voluntary placement agreement for the child to continue 
65.1 	in voluntary foster care for treatment, the agency shall not have legal authority to place the 
65.2 	child after the court terminates jurisdiction under chapter 260C.

65.3 	Sec. 52. [260D.301] TERMINATION OF VOLUNTARY PLACEMENT 
65.4 	AGREEMENT.
65.5 	(a) The child's parent may terminate a voluntary placement agreement under this 
65.6 	chapter upon written notice to the agency of the termination of the agreement. The 
65.7 	termination of a voluntary foster care agreement regarding an Indian child shall be 
65.8 	governed by section 260.765, subdivision 4.
65.9 	(b) The agency may terminate a voluntary placement agreement under this section 
65.10 	upon written notice of the termination of the agreement to the parent. Prior to sending 
65.11 	notice of termination of the voluntary foster care placement agreement, the agency shall 
65.12 	contact the parent regarding transition planning under paragraph (e). Written notice by 
65.13 	the agency shall be considered received by the parent three business days after mailing 
65.14 	by the agency.
65.15 	(c) Upon receipt of notice of the termination of the voluntary foster care agreement, 
65.16 	the agency, the parent, and the facility may agree to a time that the child shall return home. 
65.17 	The scheduled time to return home shall meet the child's need for safety and reasonable 
65.18 	transition. Unless otherwise agreed by the parent and the agency, the child's return home 
65.19 	shall not occur sooner than 72 hours and not later than 30 days after written notice of 
65.20 	termination is received or sent by the agency.
65.21 	(d) A parent who disagrees with the termination of a voluntary foster care agreement 
65.22 	by the agency under this chapter has the right to a fair hearing under section 256.045 to 
65.23 	appeal the termination of the voluntary foster care agreement. When the agency gives 
65.24 	written notice to the parent of the termination of the agreement, the agency must also give 
65.25 	the parent notice of the parent's right to a fair hearing under section 256.045 to appeal the 
65.26 	agency's decision to terminate the voluntary foster care agreement.
65.27 	(e) The agency and the child's parents shall engage in transition planning for the 
65.28 	child's return home, including establishing a scheduled time for the child to return home, 
65.29 	an increased visitation plan between the parent and child, and a plan for what services 
65.30 	will be provided and in place upon the child's return home.
65.31 	(f) Notice of termination of voluntary foster care agreement does not terminate the 
65.32 	agreement. The voluntary foster care agreement and the agency's legal authority to place 
65.33 	the child are terminated by the child's return home or by court order.

66.1 	Sec. 53. Minnesota Statutes 2006, section 524.2-114, is amended to read:
66.2 	524.2-114 MEANING OF CHILD AND RELATED TERMS.
66.3 	If, for purposes of intestate succession, a relationship of parent and child must be 
66.4 	established to determine succession by, through, or from a person:
66.5 	(1) An adopted person child is the child of an adopting parent and not of the birth 
66.6 	parents except that adoption of a child by the spouse of a birth parent has no effect on 
66.7 	the relationship between the child and that birth parent. If a parent dies and a child is 
66.8 	subsequently adopted by a stepparent who is the spouse of a surviving parent, any rights 
66.9 	of inheritance of the child or the child's descendant from or through the deceased parent 
66.10 	of the child which exist at the time of the death of that parent shall not be affected by 
66.11 	the adoption.
66.12 	(2) In cases not covered by clause (1), a person is the child of the person's parents 
66.13 	regardless of the marital status of the parents and the parent and child relationship may be 
66.14 	established under the Parentage Act, sections 257.51 to 257.74.

66.15 	Sec. 54. Minnesota Statutes 2006, section 626.556, subdivision 7, is amended to read:
66.16 		Subd. 7.Report. An oral report shall be made immediately by telephone or 
66.17 	otherwise. An oral report made by a person required under subdivision 3 to report shall be 
66.18 	followed within 72 hours, exclusive of weekends and holidays, by a report in writing to 
66.19 	the appropriate police department, the county sheriff, the agency responsible for assessing 
66.20 	or investigating the report, or the local welfare agency, unless the appropriate agency 
66.21 	has informed the reporter that the oral information does not constitute a report under 
66.22 	subdivision 10. The local welfare agency shall determine if the report is accepted for an 
66.23 	assessment or investigation as soon as possible but in no event longer than 24 hours 
66.24 	after the report is received. Any report shall be of sufficient content to identify the child, 
66.25 	any person believed to be responsible for the abuse or neglect of the child if the person 
66.26 	is known, the nature and extent of the abuse or neglect and the name and address of the 
66.27 	reporter. If requested, the local welfare agency or the agency responsible for assessing or 
66.28 	investigating the report shall inform the reporter within ten days after the report is made, 
66.29 	either orally or in writing, whether the report was accepted for assessment or investigation. 
66.30 	Written reports received by a police department or the county sheriff shall be forwarded 
66.31 	immediately to the local welfare agency or the agency responsible for assessing or 
66.32 	investigating the report. The police department or the county sheriff may keep copies of 
66.33 	reports received by them. Copies of written reports received by a local welfare department 
66.34 	or the agency responsible for assessing or investigating the report shall be forwarded 
66.35 	immediately to the local police department or the county sheriff.
67.1 	A written copy of a report maintained by personnel of agencies, other than welfare 
67.2 	or law enforcement agencies, which are subject to chapter 13 shall be confidential. An 
67.3 	individual subject of the report may obtain access to the original report as provided by 
67.4 	subdivision 11.

67.5 	Sec. 55. Minnesota Statutes 2007 Supplement, section 626.556, subdivision 10a, 
67.6 	is amended to read:
67.7 		Subd. 10a.Law enforcement agency responsibility for investigation; welfare 
67.8 	agency reliance on law enforcement fact-finding; welfare agency offer of services.
 67.9 	(a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a 
67.10 	parent, guardian, sibling, person responsible for the child's care functioning within the 
67.11 	family unit, or a person who lives in the child's household and who has a significant 
67.12 	relationship to the child, in a setting other than a facility as defined in subdivision 2, the 
67.13 	local welfare agency shall immediately notify the appropriate law enforcement agency, 
67.14 	which shall conduct an investigation of the alleged abuse or neglect if a violation of a 
67.15 	criminal statute is alleged. 
67.16 	(b) The local agency may rely on the fact-finding efforts of the law enforcement 
67.17 	investigation conducted under this subdivision to make a determination whether or not 
67.18 	threatened harminjury or other maltreatment has occurred under subdivision 2 if an 
67.19 	alleged offender has minor children or lives with minors.
67.20 	(c) The local welfare agency shall offer appropriate social services for the purpose of 
67.21 	safeguarding and enhancing the welfare of the abused or neglected minor.

67.22 	Sec. 56. REVISOR'S INSTRUCTION.
 67.23 	In each section of Minnesota Statutes referred to in column A, the revisor of statutes 
67.24 	shall delete the reference in column B and insert the reference in column C.

67.25	Column A
	Column B
	Column C
	
67.26	259.67
	260.851, article 5
	260.853, article 4
	
67.27	256B.094
	260.851
	260.853

67.28 	EFFECTIVE DATE. This section is effective upon legislative enactment of the 
67.29 	interstate compact in section 22 by no less than 35 states.

67.30 	Sec. 57.  REPEALER.
 67.31 	(a) Minnesota Statutes 2006, section 260.851, is repealed effective upon legislative 
67.32 	enactment of the interstate compact in section 22 by no less than 35 states. The 
67.33 	commissioner of human services shall inform the revisor of statutes when this occurs.
68.1 	(b) Minnesota Statutes 2006, sections 260C.141, subdivision 2a; 260C.431; and 
68.2 	260C.435, are repealed.
68.3 	(c) Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 9, is 
68.4 	repealed.
68.5 	(d) Minnesota Rules, part 9560.0609, is repealed.

68.6 	ARTICLE 2
68.7 	LICENSING

68.8 	Section 1. Minnesota Statutes 2007 Supplement, section 245C.14, subdivision 1, is 
68.9 	amended to read:
68.10 		Subdivision 1.Disqualification from direct contact. (a) The commissioner shall 
68.11 	disqualify an individual who is the subject of a background study from any position 
68.12 	allowing direct contact with persons receiving services from the license holder or entity 
68.13 	identified in section 245C.03, upon receipt of information showing, or when a background 
68.14 	study completed under this chapter shows any of the following:
68.15 	(1) a conviction of, admission to, or Alford plea to one or more crimes listed in 
68.16 	section 245C.15, regardless of whether the conviction or admission is a felony, gross 
68.17 	misdemeanor, or misdemeanor level crime;
68.18 	(2) a preponderance of the clear and convincing  evidence indicates the individual 
68.19 	has committed an act or acts that meet the definition of any of the crimes listed in section 
68.20 	245C.15, regardless of whether the preponderance of the clear and convincing  evidence is 
68.21 	for a felony, gross misdemeanor, or misdemeanor level crime; or
68.22 	(3) an investigation results in an administrative determination listed under section 
68.23 	245C.15, subdivision 4, paragraph (b).
68.24 	(b) No individual who is disqualified following a background study under section 
68.25 	245C.03, subdivisions 1 and 2, may be retained in a position involving direct contact 
68.26 	with persons served by a program or entity identified in section 245C.03, unless the 
68.27 	commissioner has provided written notice under section 245C.17 stating that: 
68.28 	(1) the individual may remain in direct contact during the period in which the 
68.29 	individual may request reconsideration as provided in section 245C.21, subdivision 2;
68.30 	(2) the commissioner has set aside the individual's disqualification for that program 
68.31 	or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or
68.32 	(3) the license holder has been granted a variance for the disqualified individual 
68.33 	under section 245C.30.

69.1 	Sec. 2. Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 2, is 
69.2 	amended to read:
69.3 		Subd. 2.15-year disqualification. (a) An individual is disqualified under section 
69.4 	245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, 
69.5 	if any, for the offense; and (2) the individual has committed a felony-level violation 
69.6 	of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 
69.7 	268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph 
69.8 	(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm); 
69.9 	609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231
69.10 	(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth 
69.11 	degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a 
69.12 	vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of 
69.13 	drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment); 
69.14 	609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter 
69.15 	of an unborn child in the second degree); 609.267 (assault of an unborn child in the first 
69.16 	degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury 
69.17 	or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275
69.18 	(attempt to coerce); 609.466 (medical assistance fraud); 609.498, subdivision 1 or 1b 
69.19 	(aggravated first degree or first degree tampering with a witness); 609.52 (theft); 609.521
69.20 	(possession of shoplifting gear); 609.525 (bringing stolen goods into Minnesota); 609.527
69.21 	(identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored 
69.22 	checks); 609.562 (arson in the second degree); 609.563 (arson in the third degree); 
69.23 	609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 
69.24 	609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering a forged 
69.25 	check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous weapons); 
69.26 	609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration); 609.71
69.27 	(riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821 (financial 
69.28 	transaction card fraud); 617.23 (indecent exposure), not involving a minor; repeat 
69.29 	offenses under 617.241 (obscene materials and performances; distribution and exhibition 
69.30 	prohibited; penalty); 624.713 (certain persons not to possess firearms); chapter 152 (drugs; 
69.31 	controlled substance); or a felony-level conviction involving alcohol or drug use.
69.32 	(b) An individual is disqualified under section 245C.14 if less than 15 years has 
69.33 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
69.34 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
69.35 	Statutes.
70.1 	(c) For foster care and family child care an individual is disqualified under section 
70.2 	245C.14 if less than 15 years has passed since the individual's voluntary termination of 
70.3 	the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or 
70.4 	260C.301, subdivision 3.
70.5 	(d) An individual is disqualified under section 245C.14 if less than 15 years has 
70.6 	passed since the discharge of the sentence imposed for an offense in any other state or 
70.7 	country, the elements of which are substantially similar to the elements of the offenses 
70.8 	listed in paragraph (a).
70.9 	(e) If the individual studied commits one of the offenses listed in paragraph (a), but 
70.10 	the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual 
70.11 	is disqualified but the disqualification look-back period for the offense is the period 
70.12 	applicable to the gross misdemeanor or misdemeanor disposition.
70.13 	(f) When a disqualification is based on a judicial determination other than a 
70.14 	conviction, the disqualification period begins from the date of the court order. When a 
70.15 	disqualification is based on an admission, the disqualification period begins from the date 
70.16 	of an admission in court. When a disqualification is based on a preponderance of clear 
70.17 	and convincing  evidence of a disqualifying act, the disqualification date begins from the 
70.18 	date of the dismissal, the date of discharge of the sentence imposed for a conviction for a 
70.19 	disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

70.20 	Sec. 3. Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 3, is 
70.21 	amended to read:
70.22 		Subd. 3.Ten-year disqualification. (a) An individual is disqualified under section 
70.23 	245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, 
70.24 	if any, for the offense; and (2) the individual has committed a gross misdemeanor-level 
70.25 	violation of any of the following offenses: sections 256.98 (wrongfully obtaining 
70.26 	assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 
70.27 	paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide 
70.28 	and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 or 
70.29 	609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree); 
70.30 	609.224, subdivision 2, paragraph (c) (assault in the fifth degree by a caregiver against a 
70.31 	vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of 
70.32 	persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal 
70.33 	abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335
70.34 	(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a 
70.35 	vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 
71.1 	1a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 
71.2 	609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 
71.3 	609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into 
71.4 	Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance 
71.5 	of dishonored checks); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611
71.6 	(insurance fraud); 609.631 (check forgery; offering a forged check); 609.66 (dangerous 
71.7 	weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable 
71.8 	adult); repeat offenses under 609.746 (interference with privacy); 609.749, subdivision 2
71.9 	(harassment; stalking); 609.82 (fraud in obtaining credit); 609.821 (financial transaction 
71.10 	card fraud); 617.23 (indecent exposure), not involving a minor; 617.241 (obscene 
71.11 	materials and performances); 617.243 (indecent literature, distribution); 617.293 (harmful 
71.12 	materials; dissemination and display to minors prohibited); or violation of an order for 
71.13 	protection under section 518B.01, subdivision 14.
71.14 	(b) An individual is disqualified under section 245C.14 if less than ten years has 
71.15 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
71.16 	of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 
71.17 	Statutes.
71.18 	(c) An individual is disqualified under section 245C.14 if less than ten years has 
71.19 	passed since the discharge of the sentence imposed for an offense in any other state or 
71.20 	country, the elements of which are substantially similar to the elements of any of the 
71.21 	offenses listed in paragraph (a).
71.22 	(d) If the individual studied commits one of the offenses listed in paragraph (a), but 
71.23 	the sentence or level of offense is a misdemeanor disposition, the individual is disqualified 
71.24 	but the disqualification lookback period for the offense is the period applicable to 
71.25 	misdemeanors.
71.26 	(e) When a disqualification is based on a judicial determination other than a 
71.27 	conviction, the disqualification period begins from the date of the court order. When a 
71.28 	disqualification is based on an admission, the disqualification period begins from the date 
71.29 	of an admission in court. When a disqualification is based on a preponderance of clear 
71.30 	and convincing  evidence of a disqualifying act, the disqualification date begins from the 
71.31 	date of the dismissal, the date of discharge of the sentence imposed for a conviction for a 
71.32 	disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

71.33 	Sec. 4. Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 4, is 
71.34 	amended to read:
72.1 		Subd. 4.Seven-year disqualification. (a) An individual is disqualified under 
72.2 	section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence 
72.3 	imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level 
72.4 	violation of any of the following offenses: sections 256.98 (wrongfully obtaining 
72.5 	assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 
72.6 	paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide 
72.7 	and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 
72.8 	609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224
72.9 	(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation 
72.10 	of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 
72.11 	609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation 
72.12 	of an order for protection under 609.3232 (protective order authorized; procedures; 
72.13 	penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen 
72.14 	goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 
72.15 	609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous 
72.16 	weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or 
72.17 	harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment); 
72.18 	609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23
72.19 	(indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination 
72.20 	and display to minors prohibited); or violation of an order for protection under section 
72.21 	518B.01 (Domestic Abuse Act).
72.22 	(b) An individual is disqualified under section 245C.14 if less than seven years has 
72.23 	passed since a determination or disposition of the individual's:
72.24 	(1) failure to make required reports under section 626.556, subdivision 3, or 
72.25 	626.557, subdivision 3, for incidents in which: (i) the final disposition under section 
72.26 	626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was 
72.27 	recurring or serious; or
72.28 	(2) substantiated serious or recurring maltreatment of a minor under section 626.556, 
72.29 	a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other 
72.30 	state, the elements of which are substantially similar to the elements of maltreatment under 
72.31 	section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the 
72.32 	maltreatment occurred, and (ii) the subject was responsible for the maltreatment.
72.33 	(c) An individual is disqualified under section 245C.14 if less than seven years has 
72.34 	passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 
72.35 	of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in 
72.36 	Minnesota Statutes.
73.1 	(d) An individual is disqualified under section 245C.14 if less than seven years has 
73.2 	passed since the discharge of the sentence imposed for an offense in any other state or 
73.3 	country, the elements of which are substantially similar to the elements of any of the 
73.4 	offenses listed in paragraphs (a) and (b).
73.5 	(e) When a disqualification is based on a judicial determination other than a 
73.6 	conviction, the disqualification period begins from the date of the court order. When a 
73.7 	disqualification is based on an admission, the disqualification period begins from the date 
73.8 	of an admission in court. When a disqualification is based on a preponderance of clear 
73.9 	and convincing evidence of a disqualifying act, the disqualification date begins from the 
73.10 	date of the dismissal, the date of discharge of the sentence imposed for a conviction for a 
73.11 	disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
73.12 	(f) An individual is disqualified under section 245C.14 if less than seven years has 
73.13 	passed since the individual was disqualified under section 256.98, subdivision 8.

73.14 	Sec. 5. Minnesota Statutes 2006, section 245C.24, subdivision 2, is amended to read:
73.15 		Subd. 2.Permanent bar to set aside a disqualification. (a) Except as provided in 
73.16 	paragraph paragraphs  (b) and (c), the commissioner may not set aside the disqualification 
73.17 	of any individual disqualified pursuant to this chapter, regardless of how much time has 
73.18 	passed, if the individual was disqualified for a crime or conduct listed in section 245C.15, 
73.19 	subdivision 1.
73.20 	(b) For An individual in the chemical dependency field who was:
73.21 	(1) disqualified for a crime or conduct listed under section 245C.15, subdivision 1, 
73.22 	and;
73.23 	(2) whose disqualification was set aside prior to July 1, 2005, the commissioner 
73.24 	must consider granting; and
73.25 	(3) whose employer was granted a variance pursuant to section 245C.30 for the 
73.26 	license holder for a program dealing primarily with adults. A request for reconsideration 
73.27 	evaluated under this paragraph must include a letter of recommendation from the license 
73.28 	holder that was subject to the prior set-aside decision addressing the individual's quality of 
73.29 	care to children or vulnerable adults and the circumstances of the individual's departure 
73.30 	from that service under this section prior to August 1, 2008, is eligible to request a 
73.31 	set-aside under paragraph (c).
73.32 	(c) For any individual who was disqualified for a crime or conduct listed under 
73.33 	section 245C.15, subdivision 1, and whose disqualification was set aside prior to July 1, 
73.34 	2005, the commissioner must consider granting a set-aside pursuant to section 245C.22. 
74.1 	An employer who hires any individual who provides in-home services shall monitor 
74.2 	service provisions with the client by phone at least quarterly.

74.3 	EFFECTIVE DATE. This section is effective August 1, 2008.

74.4 	Sec. 6. Minnesota Statutes 2007 Supplement, section 245C.24, subdivision 3, is 
74.5 	amended to read:
74.6 		Subd. 3.Ten-year bar to set aside disqualification. (a) The commissioner may 
74.7 	not set aside the disqualification of an individual in connection with a license to provide 
74.8 	family child care for children, foster care for children in the provider's home, or foster 
74.9 	care or day care services for adults in the provider's home if: (1) less than ten years has 
74.10 	passed since the discharge of the sentence imposed, if any, for the offense; or (2) when 
74.11 	disqualified based on a preponderance of clear and convincing  evidence determination 
74.12 	under section 245C.14, subdivision 1, paragraph (a), clause (2), or an admission under 
74.13 	section 245C.14, subdivision 1, paragraph (a), clause (1), and less than ten years 
74.14 	has passed since the individual committed the act or admitted to committing the act, 
74.15 	whichever is later; and (3) the individual has committed a violation of any of the following 
74.16 	offenses: sections 609.165 (felon ineligible to possess firearm); criminal vehicular 
74.17 	homicide under 609.21 (criminal vehicular homicide and injury); 609.215 (aiding suicide 
74.18 	or aiding attempted suicide); felony violations under 609.223 or 609.2231 (assault in 
74.19 	the third or fourth degree); 609.229 (crimes committed for benefit of a gang); 609.713
74.20 	(terroristic threats); 609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple 
74.21 	robbery); 609.255 (false imprisonment); 609.562 (arson in the second degree); 609.71
74.22 	(riot); 609.498, subdivision 1 or 1b (aggravated first degree or first degree tampering 
74.23 	with a witness); burglary in the first or second degree under 609.582 (burglary); 609.66
74.24 	(dangerous weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled 
74.25 	shotguns); 609.749, subdivision 2 (gross misdemeanor harassment; stalking); 152.021 or 
74.26 	152.022 (controlled substance crime in the first or second degree); 152.023, subdivision 
74.27 	1, clause (3) or (4) or subdivision 2, clause (4) (controlled substance crime in the third 
74.28 	degree); 152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in 
74.29 	the fourth degree); 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a 
74.30 	caregiver against a vulnerable adult); 609.23 (mistreatment of persons confined); 609.231
74.31 	(mistreatment of residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 
74.32 	609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial exploitation of a 
74.33 	vulnerable adult); 609.234 (failure to report); 609.265 (abduction); 609.2664 to 609.2665
74.34 	(manslaughter of an unborn child in the first or second degree); 609.267 to 609.2672
74.35 	(assault of an unborn child in the first, second, or third degree); 609.268 (injury or 
75.1 	death of an unborn child in the commission of a crime); repeat offenses under 617.23
75.2 	(indecent exposure); 617.293 (disseminating or displaying harmful material to minors); 
75.3 	a felony-level conviction involving alcohol or drug use, a gross misdemeanor offense 
75.4 	under 609.324, subdivision 1 (other prohibited acts); a gross misdemeanor offense under 
75.5 	609.378 (neglect or endangerment of a child); a gross misdemeanor offense under 609.377
75.6 	(malicious punishment of a child); 609.72, subdivision 3 (disorderly conduct against a 
75.7 	vulnerable adult); or 624.713 (certain persons not to possess firearms).
75.8 	(b) The commissioner may not set aside the disqualification of an individual if 
75.9 	less than ten years have passed since the individual's aiding and abetting, attempt, or 
75.10 	conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses 
75.11 	is defined in Minnesota Statutes.
75.12 	(c) The commissioner may not set aside the disqualification of an individual if less 
75.13 	than ten years have passed since the discharge of the sentence imposed for an offense in 
75.14 	any other state or country, the elements of which are substantially similar to the elements 
75.15 	of any of the offenses listed in paragraph (a).

75.16 	Sec. 7. Minnesota Statutes 2007 Supplement, section 245C.27, subdivision 1, is 
75.17 	amended to read:
75.18 		Subdivision 1.Fair hearing when disqualification is not set aside. (a) If the 
75.19 	commissioner does not set aside a disqualification of an individual under section 245C.22
75.20 	who is disqualified on the basis of a preponderance of clear and convincing  evidence that 
75.21 	the individual committed an act or acts that meet the definition of any of the crimes listed 
75.22 	in section 245C.15; for a determination under section 626.556 or 626.557 of substantiated 
75.23 	maltreatment that was serious or recurring under section 245C.15; or for failure to make 
75.24 	required reports under section 626.556, subdivision 3; or 626.557, subdivision 3, pursuant 
75.25 	to section 245C.15, subdivision 4, paragraph (b), clause (1), the individual may request 
75.26 	a fair hearing under section 256.045, unless the disqualification is deemed conclusive 
75.27 	under section 245C.29.
75.28 	(b) The fair hearing is the only administrative appeal of the final agency 
75.29 	determination for purposes of appeal by the disqualified individual. The disqualified 
75.30 	individual does not have the right to challenge the accuracy and completeness of data 
75.31 	under section 13.04.
75.32 	(c) Except as provided under paragraph (e), if the individual was disqualified based 
75.33 	on a conviction or admission to any crimes listed in section 245C.15, subdivisions 1 
75.34 	to 4, or for a disqualification under section 256.98, subdivision 8, the reconsideration 
75.35 	decision under section 245C.22 is the final agency determination for purposes of appeal 
76.1 	by the disqualified individual and is not subject to a hearing under section 256.045. If 
76.2 	the individual was disqualified based on a judicial determination, that determination is 
76.3 	treated the same as a conviction for purposes of appeal.
76.4 	(d) This subdivision does not apply to a public employee's appeal of a disqualification 
76.5 	under section 245C.28, subdivision 3.
76.6 	(e) Notwithstanding paragraph (c), if the commissioner does not set aside a 
76.7 	disqualification of an individual who was disqualified based on both a preponderance of
76.8 	clear and convincing  evidence and a conviction or admission, the individual may request a 
76.9 	fair hearing under section 256.045, unless the disqualifications are deemed conclusive 
76.10 	under section 245C.29. The scope of the hearing conducted under section 256.045 with 
76.11 	regard to the disqualification based on a conviction or admission shall be limited solely to 
76.12 	whether the individual poses a risk of harm, according to section 256.045, subdivision 3b. 
76.13 	In this case, the reconsideration decision under section 245C.22 is not the final agency 
76.14 	decision for purposes of appeal by the disqualified individual.

76.15 	Sec. 8. Minnesota Statutes 2006, section 245C.29, subdivision 2, is amended to read:
76.16 		Subd. 2.Conclusive disqualification determination. (a) Unless otherwise 
76.17 	specified in statute, a determination that:
76.18 	(1) the information the commissioner relied upon to disqualify an individual under 
76.19 	section 245C.14 was correct based on serious or recurring maltreatment; 
76.20 	(2) a preponderance of the clear and convincing  evidence shows that the individual 
76.21 	committed an act or acts that meet the definition of any of the crimes listed in section 
76.22 	245C.15; or 
76.23 	(3) the individual failed to make required reports under section 626.556, subdivision 
76.24 	3, or 626.557, subdivision 3, is conclusive if: 
76.25 	(i) the commissioner has issued a final order in an appeal of that determination under 
76.26 	section 245A.08, subdivision 5, or 256.045, or a court has issued a final decision; 
76.27 	(ii) the individual did not request reconsideration of the disqualification under 
76.28 	section 245C.21; or 
76.29 	(iii) the individual did not request a hearing on the disqualification under section 
76.30 	256.045 or chapter 14. 
76.31 	(b) When a licensing action under section 245A.05, 245A.06, or 245A.07 is based 
76.32 	on the disqualification of an individual in connection with a license to provide family child 
76.33 	care, foster care for children in the provider's own home, or foster care services for adults 
76.34 	in the provider's own home, that disqualification shall be conclusive for purposes of the 
77.1 	licensing action if a request for reconsideration was not submitted within 30 calendar days 
77.2 	of the individual's receipt of the notice of disqualification. 
77.3 	(c) If a determination that the information relied upon to disqualify an individual 
77.4 	was correct and is conclusive under this section, and the individual is subsequently 
77.5 	disqualified under section 245C.15, the individual has a right to request reconsideration 
77.6 	on the risk of harm under section 245C.21. Subsequent determinations regarding the 
77.7 	risk of harm shall be made according to section 245C.22 and are not subject to another 
77.8 	hearing under section 256.045 or chapter 14. 

77.9 	Sec. 9. Minnesota Statutes 2006, section 256.045, subdivision 3, is amended to read:
77.10 		Subd. 3.State agency hearings. (a) State agency hearings are available for the 
77.11 	following: (1) any person applying for, receiving or having received public assistance, 
77.12 	medical care, or a program of social services granted by the state agency or a county 
77.13 	agency or the federal Food Stamp Act whose application for assistance is denied, not acted 
77.14 	upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, 
77.15 	or claimed to have been incorrectly paid; (2) any patient or relative aggrieved by an 
77.16 	order of the commissioner under section 252.27; (3) a party aggrieved by a ruling of a 
77.17 	prepaid health plan; (4) except as provided under chapter 245C, any individual or facility 
77.18 	determined by a lead agency to have maltreated a vulnerable adult under section 626.557
77.19 	after they have exercised their right to administrative reconsideration under section 
77.20 	626.557; (5) any person whose claim for foster care payment according to a placement of 
77.21 	the child resulting from a child protection assessment under section 626.556 is denied or 
77.22 	not acted upon with reasonable promptness, regardless of funding source; (6) any person 
77.23 	to whom a right of appeal according to this section is given by other provision of law; 
77.24 	(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver 
77.25 	under section 256B.15; (8) an applicant aggrieved by an adverse decision to an application 
77.26 	or redetermination for a Medicare Part D prescription drug subsidy under section 256B.04, 
77.27 	subdivision 4a; (9) except as provided under chapter 245A, an individual or facility 
77.28 	determined to have maltreated a minor under section 626.556, after the individual or 
77.29 	facility has exercised the right to administrative reconsideration under section 626.556; 
77.30 	or (10) except as provided under chapter 245C, an individual disqualified under sections 
77.31 	245C.14 and 245C.15, on the basis of serious or recurring maltreatment; a preponderance 
77.32 	of the clear and convincing  evidence that the individual has committed an act or acts that 
77.33 	meet the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or 
77.34 	for failing to make reports required under section 626.556, subdivision 3, or 626.557, 
77.35 	subdivision 3. Hearings regarding a maltreatment determination under clause (4) or (9) 
78.1 	and a disqualification under this clause in which the basis for a disqualification is serious 
78.2 	or recurring maltreatment, which has not been set aside under sections 245C.22 and 
78.3 	245C.23, shall be consolidated into a single fair hearing. In such cases, the scope of review 
78.4 	by the human services referee shall include both the maltreatment determination and the 
78.5 	disqualification. The failure to exercise the right to an administrative reconsideration shall 
78.6 	not be a bar to a hearing under this section if federal law provides an individual the right to 
78.7 	a hearing to dispute a finding of maltreatment. Individuals and organizations specified in 
78.8 	this section may contest the specified action, decision, or final disposition before the state 
78.9 	agency by submitting a written request for a hearing to the state agency within 30 days 
78.10 	after receiving written notice of the action, decision, or final disposition, or within 90 days 
78.11 	of such written notice if the applicant, recipient, patient, or relative shows good cause why 
78.12 	the request was not submitted within the 30-day time limit.
78.13 	The hearing for an individual or facility under clause (4), (9), or (10) is the only 
78.14 	administrative appeal to the final agency determination specifically, including a challenge 
78.15 	to the accuracy and completeness of data under section 13.04. Hearings requested under 
78.16 	clause (4) apply only to incidents of maltreatment that occur on or after October 1, 1995. 
78.17 	Hearings requested by nursing assistants in nursing homes alleged to have maltreated a 
78.18 	resident prior to October 1, 1995, shall be held as a contested case proceeding under the 
78.19 	provisions of chapter 14. Hearings requested under clause (9) apply only to incidents of 
78.20 	maltreatment that occur on or after July 1, 1997. A hearing for an individual or facility 
78.21 	under clause (9) is only available when there is no juvenile court or adult criminal action 
78.22 	pending. If such action is filed in either court while an administrative review is pending, 
78.23 	the administrative review must be suspended until the judicial actions are completed. If 
78.24 	the juvenile court action or criminal charge is dismissed or the criminal action overturned, 
78.25 	the matter may be considered in an administrative hearing.
78.26 	For purposes of this section, bargaining unit grievance procedures are not an 
78.27 	administrative appeal.
78.28 	The scope of hearings involving claims to foster care payments under clause (5) shall 
78.29 	be limited to the issue of whether the county is legally responsible for a child's placement 
78.30 	under court order or voluntary placement agreement and, if so, the correct amount of 
78.31 	foster care payment to be made on the child's behalf and shall not include review of the 
78.32 	propriety of the county's child protection determination or child placement decision.
78.33 	(b) A vendor of medical care as defined in section 256B.02, subdivision 7, or a 
78.34 	vendor under contract with a county agency to provide social services is not a party and 
78.35 	may not request a hearing under this section, except if assisting a recipient as provided in 
78.36 	subdivision 4.
79.1 	(c) An applicant or recipient is not entitled to receive social services beyond the 
79.2 	services prescribed under chapter 256M or other social services the person is eligible 
79.3 	for under state law.
79.4 	(d) The commissioner may summarily affirm the county or state agency's proposed 
79.5 	action without a hearing when the sole issue is an automatic change due to a change in 
79.6 	state or federal law.

79.7 	Sec. 10. Minnesota Statutes 2006, section 256.045, subdivision 3b, is amended to read:
79.8 		Subd. 3b.Standard of evidence for maltreatment and disqualification hearings.
 79.9 	(a) The state human services referee shall determine that maltreatment has occurred if a 
79.10 	preponderance of evidence exists to support the final disposition under sections 626.556
79.11 	and 626.557. For purposes of hearings regarding disqualification, the state human services 
79.12 	referee shall affirm the proposed disqualification in an appeal under subdivision 3, 
79.13 	paragraph (a), clause (9), if a preponderance of the evidence shows the individual has: 
79.14 	(1) a preponderance of the evidence shows the individual has committed 
79.15 	maltreatment under section 626.556 or 626.557, which is serious or recurring; 
79.16 	(2) clear and convincing evidence shows the individual has committed an act or acts 
79.17 	meeting the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or 
79.18 	(3) a preponderance of the evidence shows the individual has failed to make required 
79.19 	reports under section 626.556 or 626.557, for incidents in which the final disposition under 
79.20 	section 626.556 or 626.557 was substantiated maltreatment that was serious or recurring. 
79.21 	(b) If the disqualification is affirmed, the state human services referee shall 
79.22 	determine whether the individual poses a risk of harm in accordance with the requirements 
79.23 	of section 245C.16, and whether the disqualification should be set aside or not set aside. 
79.24 	In determining whether the disqualification should be set aside, the human services 
79.25 	referee shall consider all of the characteristics that cause the individual to be disqualified, 
79.26 	including those characteristics that were not subject to review under paragraph (a), in 
79.27 	order to determine whether the individual poses a risk of harm. A decision to set aside 
79.28 	a disqualification that is the subject of the hearing constitutes a determination that the 
79.29 	individual does not pose a risk of harm and that the individual may provide direct contact 
79.30 	services in the individual program specified in the set aside. If a determination that the 
79.31 	information relied upon to disqualify an individual was correct and is conclusive under 
79.32 	section 245C.29, and the individual is subsequently disqualified under section 245C.14, 
79.33 	the individual has a right to again request reconsideration on the risk of harm under section 
79.34 	245C.21. Subsequent determinations regarding risk of harm are not subject to another 
79.35 	hearing under this section. 
80.1 	(c) The state human services referee shall recommend an order to the commissioner 
80.2 	of health, education, or human services, as applicable, who shall issue a final order. The 
80.3 	commissioner shall affirm, reverse, or modify the final disposition. Any order of the 
80.4 	commissioner issued in accordance with this subdivision is conclusive upon the parties 
80.5 	unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal 
80.6 	under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.46, 
80.7 	the commissioner's determination as to maltreatment is conclusive, as provided under 
80.8 	section 245C.29.

80.9 	ARTICLE 3
80.10 	DATA PRIVACY

80.11 	Section 1. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision 
80.12 	to read:
80.13 		Subd. 12.Child care resource and referral programs. This subdivision applies to 
80.14 	data collected by child care resource and referral programs under section 119B.19. Data 
80.15 	collected under section 119B.19 are not licensing data under subdivision 4. Data on 
80.16 	unlicensed family child care providers are data on individuals governed by subdivision 
80.17 	2. In addition to the disclosures authorized by this section, the names and addresses of 
80.18 	unlicensed family child care providers may be disclosed to the commissioner of education 
80.19 	for purposes of promoting and evaluating school readiness.

80.20 	Sec. 2. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision to 
80.21 	read:
80.22 		Subd. 13.Family, friend, and neighbor grant program.  This subdivision applies 
80.23 	to data collected by family, friend, and neighbor (FFN) grantees under section 119B.232. 
80.24 	Data collected under section 119B.232 are data on individuals governed by subdivision 2. 
80.25 	The commissioner may disclose private data collected under this section to early childhood 
80.26 	care and education experts at the University of Minnesota to evaluate the impact of the 
80.27 	grants under subdivision 2 on children's school readiness and to evaluate the FFN grant 
80.28 	program. The commissioner may disclose the names and addresses of FFN caregivers to 
80.29 	the commissioner of education for purposes of promoting and evaluating school readiness.

80.30 	Sec. 3. Laws 2007, chapter 147, article 2, section 56, is amended to read:
80.31 	Sec. 56. COMMISSIONER OF HUMAN SERVICES DUTIES; EARLY 
80.32 	CHILDHOOD AND SCHOOL-AGE PROFESSIONAL DEVELOPMENT 
80.33 	TRAINING.
 81.1 		Subdivision 1. Development and implementation of an early childhood and 
81.2 	school-age professional development system. (a) The commissioner of human services, 
81.3 	in cooperation with the commissioners of education and health, shall develop and phase-in 
81.4 	the implementation of a professional development system for practitioners serving 
81.5 	children in early childhood and school-age programs. The system shall provide training 
81.6 	options and supports for practitioners to voluntarily choose, as they complete or exceed 
81.7 	existing licensing requirements. 
81.8 	The system must, at a minimum, include the following features: 
81.9 	(1) a continuum of training content based on the early childhood and school-age 
81.10 	care practitioner core competencies that translates knowledge into improved practice to 
81.11 	support children's school success; 
81.12 	(2) training strategies that provide direct feedback about practice to practitioners 
81.13 	through ongoing consultation, mentoring, or coaching with special emphasis on early 
81.14 	literacy and early mathematics; 
81.15 	(3) an approval process for trainers; 
81.16 	(4) a professional development registry for early childhood and school-age care 
81.17 	practitioners that will provide tracking and recognition of practitioner training/career 
81.18 	development progress; 
81.19 	(5) a career lattice that includes a range of professional development and educational 
81.20 	opportunities that provide appropriate coursework and degree pathways; 
81.21 	(6) development of a plan with public higher education institutions for an articulated 
81.22 	system of education, training, and professional development that includes credit for prior 
81.23 	learning and development of equivalences to two- and four-year degrees; 
81.24 	(7) incentives and supports for early childhood and school-age care practitioners 
81.25 	to seek additional training and education, including TEACH, other scholarships, and 
81.26 	career guidance; and 
81.27 	(8) coordinated and accessible delivery of training to early childhood and school-age 
81.28 	care practitioners. 
81.29 	(b) By January 1, 2008, the commissioner, in consultation with the organizations 
81.30 	named in subdivision 2 shall develop additional opportunities in order to qualify more 
81.31 	licensed family child care providers under section 119B.13, subdivision 3a. 
81.32 	(c) The commissioner of human services must evaluate the professional development 
81.33 	system and make continuous improvements. 
81.34 	(d) Beginning July 1, 2007, as appropriations permit, the commissioner shall 
81.35 	phase-in the professional development system. 
82.1 		Subd. 2. Two-hour early childhood training. By January 15, 2008, the 
82.2 	commissioner of human services, with input from the Minnesota Licensed Family Child 
82.3 	Care Association and the Minnesota Professional Development Council, shall identify 
82.4 	trainings that qualify for the two-hour early childhood development training requirement 
82.5 	for new child care practitioners under Minnesota Statutes, section 245A.14, subdivision 
82.6 	9a, paragraphs (a) and (b). For licensed family child care, the commissioner shall also 
82.7 	seek the input of labor unions that serve licensed family child care providers, if the union 
82.8 	has been recognized by a county to serve licensed family child care providers.
82.9 		Subd. 3.Data classification for child care practitioner professional development 
82.10 	system. This subdivision applies to data collected under this section by the child care 
82.11 	practitioner professional development system. Data collected under this section is welfare 
82.12 	data under section 13.46 but is not licensing data under section 13.46, subdivision 4. 
82.13 	Data on individuals who are licensed family child care providers are private data on 
82.14 	individuals governed by section 13.46, subdivision 2. The commissioner may disclose 
82.15 	nonpublic data collected under this section as described in section 13.46, subdivision 2. 
82.16 	The commissioner also may disclose private and nonpublic data collected under this 
82.17 	section to the following entities:
82.18 	(1) personnel of the welfare system who require the data for child care licensing 
82.19 	purposes;
82.20 	(2) personnel of the welfare system who require the data to administer or evaluate 
82.21 	the child care assistance program;
82.22 	(3) the commissioner of education for purposes of implementing, administering, and 
82.23 	evaluating the child care practitioner professional development system;
82.24 	(4) the commissioner of health for purposes of implementing and administering 
82.25 	this section; and 
82.26 	(5) an individual's employer for purposes of tracking and verifying employee 
82.27 	training, education, and expertise.