SF 3166

1st Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to human services; amending child welfare provisions; changing a 1.3standard of evidence; adopting a new Interstate Compact for the Placement of 1.4Children and repealing the old compact; regulating child and adult adoptions; 1.5changing adoption records provisions; regulating voluntary foster care for 1.6treatment;amending Minnesota Statutes 2006, sections 13.46, by adding 1.7subdivisions; 13.465, subdivision 8; 144.218, subdivision 1; 144.225, subdivision 1.82; 144.2252; 245C.24, subdivision 2; 245C.29, subdivision 2; 256.045, 1.9subdivisions 3, 3b; 259.20, subdivision 1; 259.21, by adding a subdivision; 1.10259.22, subdivision 2; 259.23, subdivision 2; 259.43; 259.52, subdivision 2; 1.11259.53, subdivision 3; 259.59, subdivisions 1, 2; 259.67, subdivisions 2, 3, by 1.12adding a subdivision; 259.75, subdivision 5; 259.89, subdivisions 1, 2, 4, by 1.13adding a subdivision; 260C.001, subdivision 2; 260C.007, subdivisions 5, 6, 13; 1.14260C.101, subdivision 2; 260C.141, subdivision 2; 260C.171, subdivision 2; 1.15260C.178, subdivision 1; 260C.205; 260C.212, subdivisions 7, 8, by adding a 1.16subdivision; 260C.317, subdivision 4; 260C.325, subdivisions 1, 3; 524.2-114; 1.17626.556, subdivision 7; Minnesota Statutes 2007 Supplement, sections 245C.14, 1.18subdivision 1; 245C.15, subdivisions 2, 3, 4; 245C.24, subdivision 3; 245C.27, 1.19subdivision 1; 259.41, subdivision 1; 259.57, subdivision 1; 259.67, subdivision 1.204; 260C.163, subdivision 1; 260C.209, subdivisions 1, 2, by adding a subdivision; 1.21260C.212, subdivisions 1, 4; 626.556, subdivision 10a; Laws 2007, chapter 1.22147, article 2, section 56; proposing coding for new law in Minnesota Statutes, 1.23chapters 144; 259; 260; proposing coding for new law as Minnesota Statutes, 1.24chapter 260D; repealing Minnesota Statutes 2006, sections 259.83, subdivision 1.253; 259.89, subdivisions 3, 5; 260.851; 260B.241; 260C.207; Minnesota Rules, 1.26parts 9560.0092; 9560.0093, subpart 2. 1.27BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.28ARTICLE 1 1.29CHILD WELFARE 1.30    Section 1. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision 1.31to read: 2.1     new text begin Subd. 12. new text end new text begin Child care resource and referral programs. new text end new text begin This subdivision applies new text end 2.2 new text begin to data collected by child care resource and referral programs under section 119B.19. new text end 2.3 new text begin Data collected under section 119B.19 is not licensing data under subdivision 4. Data on new text end 2.4 new text begin unlicensed family child care providers is data on individuals governed by subdivision new text end 2.5 new text begin 2. In addition to the disclosures authorized by this section, the names and addresses of new text end 2.6 new text begin unlicensed family child care providers may be disclosed to the commissioner of education new text end 2.7 new text begin for purposes of promoting and evaluating school readiness. new text end 2.8    Sec. 2. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision to 2.9read: 2.10     new text begin Subd. 13. new text end new text begin Family, friend, and neighbor grant program. new text end new text begin This subdivision applies new text end 2.11 new text begin to data collected by family, friend, and neighbor (FFN) grantees under section 119B.232. new text end 2.12 new text begin Data collected under section 119B.232 is data on individuals governed by subdivision 2. new text end 2.13 new text begin The commissioner may disclose private data collected under this section to early childhood new text end 2.14 new text begin care and education experts at the University of Minnesota to evaluate the impact of the new text end 2.15 new text begin grants under subdivision 2 on children's school readiness and to evaluate the FFN grant new text end 2.16 new text begin program. The commissioner may disclose the names and addresses of FFN caregivers to new text end 2.17 new text begin the commissioner of education for purposes of promoting and evaluating school readiness. new text end 2.18    Sec. 3. Minnesota Statutes 2007 Supplement, section 245C.14, subdivision 1, is 2.19amended to read: 2.20    Subdivision 1. Disqualification from direct contact. (a) The commissioner shall 2.21disqualify an individual who is the subject of a background study from any position 2.22allowing direct contact with persons receiving services from the license holder or entity 2.23identified in section 245C.03, upon receipt of information showing, or when a background 2.24study completed under this chapter shows any of the following: 2.25    (1) a conviction of, admission to, or Alford plea to one or more crimes listed in 2.26section 245C.15, regardless of whether the conviction or admission is a felony, gross 2.27misdemeanor, or misdemeanor level crime; 2.28    (2) a preponderance of the new text begin clear and convincing new text end evidence indicates the individual 2.29has committed an act or acts that meet the definition of any of the crimes listed in section 2.30245C.15 , regardless of whether the preponderance of the new text begin clear and convincing new text end evidence is 2.31for a felony, gross misdemeanor, or misdemeanor level crime; or 2.32    (3) an investigation results in an administrative determination listed under section 2.33245C.15, subdivision 4 , paragraph (b). 3.1    (b) No individual who is disqualified following a background study under section 3.2245C.03, subdivisions 1 and 2 , may be retained in a position involving direct contact 3.3with persons served by a program or entity identified in section 245C.03, unless the 3.4commissioner has provided written notice under section 245C.17 stating that: 3.5    (1) the individual may remain in direct contact during the period in which the 3.6individual may request reconsideration as provided in section 245C.21, subdivision 2; 3.7    (2) the commissioner has set aside the individual's disqualification for that program 3.8or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or 3.9    (3) the license holder has been granted a variance for the disqualified individual 3.10under section 245C.30. 3.11    Sec. 4. Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 2, is 3.12amended to read: 3.13    Subd. 2. 15-year disqualification. (a) An individual is disqualified under section 3.14245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, 3.15if any, for the offense; and (2) the individual has committed a felony-level violation 3.16of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 3.17268.182 (false representation; concealment of facts); 393.07, subdivision 10, paragraph 3.18(c) (federal Food Stamp Program fraud); 609.165 (felon ineligible to possess firearm); 3.19609.21 (criminal vehicular homicide and injury); 609.215 (suicide); 609.223 or 609.2231 3.20(assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth 3.21degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a 3.22vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of 3.23drugs to injure or facilitate crime); 609.24 (simple robbery); 609.255 (false imprisonment); 3.24609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter 3.25of an unborn child in the second degree); 609.267 (assault of an unborn child in the first 3.26degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury 3.27or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275 3.28(attempt to coerce); 609.466 (medical assistance fraud); 609.498, subdivision 1 or 1b 3.29(aggravated first degree or first degree tampering with a witness); 609.52 (theft); 609.521 3.30(possession of shoplifting gear); 609.525 (bringing stolen goods into Minnesota); 609.527 3.31(identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored 3.32checks); 609.562 (arson in the second degree); 609.563 (arson in the third degree); 3.33609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 3.34609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering a forged 3.35check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous weapons); 4.1609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration); 609.71 4.2(riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821 (financial 4.3transaction card fraud); 617.23 (indecent exposure), not involving a minor; repeat 4.4offenses under 617.241 (obscene materials and performances; distribution and exhibition 4.5prohibited; penalty); 624.713 (certain persons not to possess firearms); chapter 152 (drugs; 4.6controlled substance); or a felony-level conviction involving alcohol or drug use. 4.7    (b) An individual is disqualified under section 245C.14 if less than 15 years has 4.8passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 4.9of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 4.10Statutes. 4.11    (c) For foster care and family child care an individual is disqualified under section 4.12245C.14 if less than 15 years has passed since the individual's voluntary termination of 4.13the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or 4.14260C.301, subdivision 3 . 4.15    (d) An individual is disqualified under section 245C.14 if less than 15 years has 4.16passed since the discharge of the sentence imposed for an offense in any other state or 4.17country, the elements of which are substantially similar to the elements of the offenses 4.18listed in paragraph (a). 4.19    (e) If the individual studied commits one of the offenses listed in paragraph (a), but 4.20the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual 4.21is disqualified but the disqualification look-back period for the offense is the period 4.22applicable to the gross misdemeanor or misdemeanor disposition. 4.23    (f) When a disqualification is based on a judicial determination other than a 4.24conviction, the disqualification period begins from the date of the court order. When a 4.25disqualification is based on an admission, the disqualification period begins from the date 4.26of an admission in court. When a disqualification is based on a preponderance of new text begin clear new text end 4.27 new text begin and convincing new text end evidence of a disqualifying act, the disqualification date begins from the 4.28date of the dismissal, the date of discharge of the sentence imposed for a conviction for a 4.29disqualifying crime of similar elements, or the date of the incident, whichever occurs last. 4.30    Sec. 5. Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 3, is 4.31amended to read: 4.32    Subd. 3. Ten-year disqualification. (a) An individual is disqualified under section 4.33245C.14 if: (1) less than ten years have passed since the discharge of the sentence imposed, 4.34if any, for the offense; and (2) the individual has committed a gross misdemeanor-level 4.35violation of any of the following offenses: sections 256.98 (wrongfully obtaining 5.1assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 5.2paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide 5.3and injury); 609.221 or 609.222 (assault in the first or second degree); 609.223 or 5.4609.2231 (assault in the third or fourth degree); 609.224 (assault in the fifth degree); 5.5609.224, subdivision 2 , paragraph (c) (assault in the fifth degree by a caregiver against a 5.6vulnerable adult); 609.2242 and 609.2243 (domestic assault); 609.23 (mistreatment of 5.7persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal 5.8abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 5.9(financial exploitation of a vulnerable adult); 609.234 (failure to report maltreatment of a 5.10vulnerable adult); 609.265 (abduction); 609.275 (attempt to coerce); 609.324, subdivision 5.111a (other prohibited acts; minor engaged in prostitution); 609.33 (disorderly house); 5.12609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 5.13609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen goods into 5.14Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance 5.15of dishonored checks); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611 5.16(insurance fraud); 609.631 (check forgery; offering a forged check); 609.66 (dangerous 5.17weapons); 609.71 (riot); 609.72, subdivision 3 (disorderly conduct against a vulnerable 5.18adult); repeat offenses under 609.746 (interference with privacy); 609.749, subdivision 2 5.19(harassment; stalking); 609.82 (fraud in obtaining credit); 609.821 (financial transaction 5.20card fraud); 617.23 (indecent exposure), not involving a minor; 617.241 (obscene 5.21materials and performances); 617.243 (indecent literature, distribution); 617.293 (harmful 5.22materials; dissemination and display to minors prohibited); or violation of an order for 5.23protection under section 518B.01, subdivision 14. 5.24    (b) An individual is disqualified under section 245C.14 if less than ten years has 5.25passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 5.26of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota 5.27Statutes. 5.28    (c) An individual is disqualified under section 245C.14 if less than ten years has 5.29passed since the discharge of the sentence imposed for an offense in any other state or 5.30country, the elements of which are substantially similar to the elements of any of the 5.31offenses listed in paragraph (a). 5.32    (d) If the individual studied commits one of the offenses listed in paragraph (a), but 5.33the sentence or level of offense is a misdemeanor disposition, the individual is disqualified 5.34but the disqualification lookback period for the offense is the period applicable to 5.35misdemeanors. 6.1    (e) When a disqualification is based on a judicial determination other than a 6.2conviction, the disqualification period begins from the date of the court order. When a 6.3disqualification is based on an admission, the disqualification period begins from the date 6.4of an admission in court. When a disqualification is based on a preponderance of new text begin clear new text end 6.5 new text begin and convincing new text end evidence of a disqualifying act, the disqualification date begins from the 6.6date of the dismissal, the date of discharge of the sentence imposed for a conviction for a 6.7disqualifying crime of similar elements, or the date of the incident, whichever occurs last. 6.8    Sec. 6. Minnesota Statutes 2007 Supplement, section 245C.15, subdivision 4, is 6.9amended to read: 6.10    Subd. 4. Seven-year disqualification. (a) An individual is disqualified under 6.11section 245C.14 if: (1) less than seven years has passed since the discharge of the sentence 6.12imposed, if any, for the offense; and (2) the individual has committed a misdemeanor-level 6.13violation of any of the following offenses: sections 256.98 (wrongfully obtaining 6.14assistance); 268.182 (false representation; concealment of facts); 393.07, subdivision 10, 6.15paragraph (c) (federal Food Stamp Program fraud); 609.21 (criminal vehicular homicide 6.16and injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 6.17609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224 6.18(assault in the fifth degree); 609.2242 (domestic assault); 609.2335 (financial exploitation 6.19of a vulnerable adult); 609.234 (failure to report maltreatment of a vulnerable adult); 6.20609.2672 (assault of an unborn child in the third degree); 609.27 (coercion); violation 6.21of an order for protection under 609.3232 (protective order authorized; procedures; 6.22penalties); 609.466 (medical assistance fraud); 609.52 (theft); 609.525 (bringing stolen 6.23goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 6.24609.535 (issuance of dishonored checks); 609.611 (insurance fraud); 609.66 (dangerous 6.25weapons); 609.665 (spring guns); 609.746 (interference with privacy); 609.79 (obscene or 6.26harassing telephone calls); 609.795 (letter, telegram, or package; opening; harassment); 6.27609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 6.28(indecent exposure), not involving a minor; 617.293 (harmful materials; dissemination 6.29and display to minors prohibited); or violation of an order for protection under section 6.30518B.01 (Domestic Abuse Act). 6.31    (b) An individual is disqualified under section 245C.14 if less than seven years has 6.32passed since a determination or disposition of the individual's: 6.33    (1) failure to make required reports under section 626.556, subdivision 3, or 6.34626.557, subdivision 3 , for incidents in which: (i) the final disposition under section 7.1626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was 7.2recurring or serious; or 7.3    (2) substantiated serious or recurring maltreatment of a minor under section 626.556, 7.4a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other 7.5state, the elements of which are substantially similar to the elements of maltreatment under 7.6section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the 7.7maltreatment occurred, and (ii) the subject was responsible for the maltreatment. 7.8    (c) An individual is disqualified under section 245C.14 if less than seven years has 7.9passed since the individual's aiding and abetting, attempt, or conspiracy to commit any 7.10of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in 7.11Minnesota Statutes. 7.12    (d) An individual is disqualified under section 245C.14 if less than seven years has 7.13passed since the discharge of the sentence imposed for an offense in any other state or 7.14country, the elements of which are substantially similar to the elements of any of the 7.15offenses listed in paragraphs (a) and (b). 7.16    (e) When a disqualification is based on a judicial determination other than a 7.17conviction, the disqualification period begins from the date of the court order. When a 7.18disqualification is based on an admission, the disqualification period begins from the date 7.19of an admission in court. When a disqualification is based on a preponderance of new text begin clear new text end 7.20 new text begin and convincing new text end evidence of a disqualifying act, the disqualification date begins from the 7.21date of the dismissal, the date of discharge of the sentence imposed for a conviction for a 7.22disqualifying crime of similar elements, or the date of the incident, whichever occurs last. 7.23    (f) An individual is disqualified under section 245C.14 if less than seven years has 7.24passed since the individual was disqualified under section 256.98, subdivision 8. 7.25    Sec. 7. Minnesota Statutes 2006, section 245C.24, subdivision 2, is amended to read: 7.26    Subd. 2. Permanent bar to set aside a disqualification. (a) Except as provided 7.27in paragraph new text begin paragraphs new text end (b) new text begin , (c) and (d) new text end , the commissioner may not set aside the 7.28disqualification of any individual disqualified pursuant to this chapter, regardless of how 7.29much time has passed, if the individual was disqualified for a crime or conduct listed in 7.30section 245C.15, subdivision 1. 7.31    (b) For An individual in the chemical dependency field who was new text begin : new text end 7.32     new text begin (1) new text end disqualified for a crime or conduct listed under section 245C.15, subdivision 1, 7.33and new text begin ; new text end 7.34     new text begin (2) new text end whose disqualification was set aside prior to July 1, 2005, the commissioner 7.35must consider granting new text begin ; and new text end 8.1     new text begin (3) new text end new text begin was granted new text end a variance pursuant to section for the license holder for 8.2a program dealing primarily with adults. A request for reconsideration evaluated under 8.3this paragraph must include a letter of recommendation from the license holder that 8.4was subject to the prior set-aside decision addressing the individual's quality of care to 8.5children or vulnerable adults and the circumstances of the individual's departure from 8.6that service new text begin under this section prior to August 1, 2008, is eligible to request a set-aside new text end 8.7 new text begin under paragraph (c) new text end . 8.8     new text begin (c) For any individual who was disqualified for a crime or conduct listed under new text end 8.9 new text begin section 245C.15, subdivision 1, and whose disqualification was set aside prior to July 1, new text end 8.10 new text begin 2005, the commissioner must consider granting a set-aside pursuant to section 245C.22. new text end 8.11 new text begin An employer who hires any individual who provides in-home services shall monitor new text end 8.12 new text begin service provision with the client by telephone at least quarterly. new text end 8.13     new text begin (d) For an individual who was disqualified for an offense under section 609.66, new text end 8.14 new text begin subdivision 1e, that was committed when the individual was a minor, and more than seven new text end 8.15 new text begin years has passed since the incident, during which time the individual has attended and new text end 8.16 new text begin graduated from college, the commissioner may consider setting aside the disqualification new text end 8.17 new text begin for a children's residential facility licensed by the Department of Corrections. new text end 8.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008. new text end 8.19    Sec. 8. Minnesota Statutes 2007 Supplement, section 245C.24, subdivision 3, is 8.20amended to read: 8.21    Subd. 3. Ten-year bar to set aside disqualification. (a) The commissioner may 8.22not set aside the disqualification of an individual in connection with a license to provide 8.23family child care for children, foster care for children in the provider's home, or foster 8.24care or day care services for adults in the provider's home if: (1) less than ten years has 8.25passed since the discharge of the sentence imposed, if any, for the offense; or (2) when 8.26disqualified based on a preponderance of new text begin clear and convincing new text end evidence determination 8.27under section 245C.14, subdivision 1, paragraph (a), clause (2), or an admission under 8.28section 245C.14, subdivision 1, paragraph (a), clause (1), and less than ten years 8.29has passed since the individual committed the act or admitted to committing the act, 8.30whichever is later; and (3) the individual has committed a violation of any of the following 8.31offenses: sections 609.165 (felon ineligible to possess firearm); criminal vehicular 8.32homicide under 609.21 (criminal vehicular homicide and injury); 609.215 (aiding suicide 8.33or aiding attempted suicide); felony violations under 609.223 or 609.2231 (assault in 8.34the third or fourth degree); 609.229 (crimes committed for benefit of a gang); 609.713 8.35(terroristic threats); 609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple 9.1robbery); 609.255 (false imprisonment); 609.562 (arson in the second degree); 609.71 9.2(riot); 609.498, subdivision 1 or 1b (aggravated first degree or first degree tampering 9.3with a witness); burglary in the first or second degree under 609.582 (burglary); 609.66 9.4(dangerous weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled 9.5shotguns); 609.749, subdivision 2 (gross misdemeanor harassment; stalking); 152.021 or 9.6152.022 (controlled substance crime in the first or second degree); 152.023, subdivision 9.71 , clause (3) or (4) or subdivision 2, clause (4) (controlled substance crime in the third 9.8degree); 152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in 9.9the fourth degree); 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a 9.10caregiver against a vulnerable adult); 609.23 (mistreatment of persons confined); 609.231 9.11(mistreatment of residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 9.12609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial exploitation of a 9.13vulnerable adult); 609.234 (failure to report); 609.265 (abduction); 609.2664 to 609.2665 9.14(manslaughter of an unborn child in the first or second degree); 609.267 to 609.2672 9.15(assault of an unborn child in the first, second, or third degree); 609.268 (injury or 9.16death of an unborn child in the commission of a crime); repeat offenses under 617.23 9.17(indecent exposure); 617.293 (disseminating or displaying harmful material to minors); 9.18a felony-level conviction involving alcohol or drug use, a gross misdemeanor offense 9.19under 609.324, subdivision 1 (other prohibited acts); a gross misdemeanor offense under 9.20609.378 (neglect or endangerment of a child); a gross misdemeanor offense under 609.377 9.21(malicious punishment of a child); 609.72, subdivision 3 (disorderly conduct against a 9.22vulnerable adult); or 624.713 (certain persons not to possess firearms). 9.23    (b) The commissioner may not set aside the disqualification of an individual if 9.24less than ten years have passed since the individual's aiding and abetting, attempt, or 9.25conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses 9.26is defined in Minnesota Statutes. 9.27    (c) The commissioner may not set aside the disqualification of an individual if less 9.28than ten years have passed since the discharge of the sentence imposed for an offense in 9.29any other state or country, the elements of which are substantially similar to the elements 9.30of any of the offenses listed in paragraph (a). 9.31    Sec. 9. Minnesota Statutes 2007 Supplement, section 245C.27, subdivision 1, is 9.32amended to read: 9.33    Subdivision 1. Fair hearing when disqualification is not set aside. (a) If the 9.34commissioner does not set aside a disqualification of an individual under section 245C.22 9.35who is disqualified on the basis of a preponderance of new text begin clear and convincing new text end evidence that 10.1the individual committed an act or acts that meet the definition of any of the crimes listed 10.2in section 245C.15; for a determination under section 626.556 or 626.557 of substantiated 10.3maltreatment that was serious or recurring under section 245C.15; or for failure to make 10.4required reports under section 626.556, subdivision 3; or 626.557, subdivision 3, pursuant 10.5to section 245C.15, subdivision 4, paragraph (b), clause (1), the individual may request 10.6a fair hearing under section 256.045, unless the disqualification is deemed conclusive 10.7under section 245C.29. 10.8    (b) The fair hearing is the only administrative appeal of the final agency 10.9determination for purposes of appeal by the disqualified individual. The disqualified 10.10individual does not have the right to challenge the accuracy and completeness of data 10.11under section 13.04. 10.12    (c) Except as provided under paragraph (e), if the individual was disqualified based 10.13on a conviction or admission to any crimes listed in section 245C.15, subdivisions 1 10.14to 4 , or for a disqualification under section 256.98, subdivision 8, the reconsideration 10.15decision under section 245C.22 is the final agency determination for purposes of appeal 10.16by the disqualified individual and is not subject to a hearing under section 256.045. If 10.17the individual was disqualified based on a judicial determination, that determination is 10.18treated the same as a conviction for purposes of appeal. 10.19    (d) This subdivision does not apply to a public employee's appeal of a disqualification 10.20under section 245C.28, subdivision 3. 10.21    (e) Notwithstanding paragraph (c), if the commissioner does not set aside a 10.22disqualification of an individual who was disqualified based on both a preponderance of new text begin new text end 10.23 new text begin clear and convincing new text end evidence and a conviction or admission, the individual may request a 10.24fair hearing under section 256.045, unless the disqualifications are deemed conclusive 10.25under section 245C.29. The scope of the hearing conducted under section 256.045 with 10.26regard to the disqualification based on a conviction or admission shall be limited solely to 10.27whether the individual poses a risk of harm, according to section 256.045, subdivision 3b. 10.28In this case, the reconsideration decision under section 245C.22 is not the final agency 10.29decision for purposes of appeal by the disqualified individual. 10.30    Sec. 10. Minnesota Statutes 2006, section 245C.29, subdivision 2, is amended to read: 10.31    Subd. 2. Conclusive disqualification determination. (a) Unless otherwise 10.32specified in statute, a determination that: 10.33    (1) the information the commissioner relied upon to disqualify an individual under 10.34section 245C.14 was correct based on serious or recurring maltreatment; 11.1    (2) a preponderance of the new text begin clear and convincing new text end evidence shows that the individual 11.2committed an act or acts that meet the definition of any of the crimes listed in section 11.3245C.15 ; or 11.4    (3) the individual failed to make required reports under section 626.556, subdivision 11.53 , or 626.557, subdivision 3, is conclusive if: 11.6    (i) the commissioner has issued a final order in an appeal of that determination under 11.7section 245A.08, subdivision 5, or 256.045, or a court has issued a final decision; 11.8    (ii) the individual did not request reconsideration of the disqualification under 11.9section 245C.21; or 11.10    (iii) the individual did not request a hearing on the disqualification under section 11.11256.045 or chapter 14. 11.12    (b) When a licensing action under section 245A.05, 245A.06, or 245A.07 is based 11.13on the disqualification of an individual in connection with a license to provide family child 11.14care, foster care for children in the provider's own home, or foster care services for adults 11.15in the provider's own home, that disqualification shall be conclusive for purposes of the 11.16licensing action if a request for reconsideration was not submitted within 30 calendar days 11.17of the individual's receipt of the notice of disqualification. 11.18    (c) If a determination that the information relied upon to disqualify an individual 11.19was correct and is conclusive under this section, and the individual is subsequently 11.20disqualified under section 245C.15, the individual has a right to request reconsideration 11.21on the risk of harm under section 245C.21. Subsequent determinations regarding the 11.22risk of harm shall be made according to section 245C.22 and are not subject to another 11.23hearing under section 256.045 or chapter 14. 11.24    Sec. 11. Minnesota Statutes 2006, section 256.045, subdivision 3, is amended to read: 11.25    Subd. 3. State agency hearings. (a) State agency hearings are available for the 11.26following: (1) any person applying for, receiving or having received public assistance, 11.27medical care, or a program of social services granted by the state agency or a county 11.28agency or the federal Food Stamp Act whose application for assistance is denied, not acted 11.29upon with reasonable promptness, or whose assistance is suspended, reduced, terminated, 11.30or claimed to have been incorrectly paid; (2) any patient or relative aggrieved by an 11.31order of the commissioner under section 252.27; (3) a party aggrieved by a ruling of a 11.32prepaid health plan; (4) except as provided under chapter 245C, any individual or facility 11.33determined by a lead agency to have maltreated a vulnerable adult under section 626.557 11.34after they have exercised their right to administrative reconsideration under section 11.35626.557 ; (5) any person whose claim for foster care payment according to a placement of 12.1the child resulting from a child protection assessment under section 626.556 is denied or 12.2not acted upon with reasonable promptness, regardless of funding source; (6) any person 12.3to whom a right of appeal according to this section is given by other provision of law; 12.4(7) an applicant aggrieved by an adverse decision to an application for a hardship waiver 12.5under section 256B.15; (8) an applicant aggrieved by an adverse decision to an application 12.6or redetermination for a Medicare Part D prescription drug subsidy under section 256B.04, 12.7subdivision 4a ; (9) except as provided under chapter 245A, an individual or facility 12.8determined to have maltreated a minor under section 626.556, after the individual or 12.9facility has exercised the right to administrative reconsideration under section 626.556; 12.10or (10) except as provided under chapter 245C, an individual disqualified under sections 12.11245C.14 and 245C.15, on the basis of serious or recurring maltreatment; a preponderance 12.12of the new text begin clear and convincing new text end evidence that the individual has committed an act or acts that 12.13meet the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or 12.14for failing to make reports required under section 626.556, subdivision 3, or 626.557, 12.15subdivision 3 . Hearings regarding a maltreatment determination under clause (4) or (9) 12.16and a disqualification under this clause in which the basis for a disqualification is serious 12.17or recurring maltreatment, which has not been set aside under sections 245C.22 and 12.18245C.23 , shall be consolidated into a single fair hearing. In such cases, the scope of review 12.19by the human services referee shall include both the maltreatment determination and the 12.20disqualification. The failure to exercise the right to an administrative reconsideration shall 12.21not be a bar to a hearing under this section if federal law provides an individual the right to 12.22a hearing to dispute a finding of maltreatment. Individuals and organizations specified in 12.23this section may contest the specified action, decision, or final disposition before the state 12.24agency by submitting a written request for a hearing to the state agency within 30 days 12.25after receiving written notice of the action, decision, or final disposition, or within 90 days 12.26of such written notice if the applicant, recipient, patient, or relative shows good cause why 12.27the request was not submitted within the 30-day time limit. 12.28    The hearing for an individual or facility under clause (4), (9), or (10) is the only 12.29administrative appeal to the final agency determination specifically, including a challenge 12.30to the accuracy and completeness of data under section 13.04. Hearings requested under 12.31clause (4) apply only to incidents of maltreatment that occur on or after October 1, 1995. 12.32Hearings requested by nursing assistants in nursing homes alleged to have maltreated a 12.33resident prior to October 1, 1995, shall be held as a contested case proceeding under the 12.34provisions of chapter 14. Hearings requested under clause (9) apply only to incidents of 12.35maltreatment that occur on or after July 1, 1997. A hearing for an individual or facility 12.36under clause (9) is only available when there is no juvenile court or adult criminal action 13.1pending. If such action is filed in either court while an administrative review is pending, 13.2the administrative review must be suspended until the judicial actions are completed. If 13.3the juvenile court action or criminal charge is dismissed or the criminal action overturned, 13.4the matter may be considered in an administrative hearing. 13.5    For purposes of this section, bargaining unit grievance procedures are not an 13.6administrative appeal. 13.7    The scope of hearings involving claims to foster care payments under clause (5) shall 13.8be limited to the issue of whether the county is legally responsible for a child's placement 13.9under court order or voluntary placement agreement and, if so, the correct amount of 13.10foster care payment to be made on the child's behalf and shall not include review of the 13.11propriety of the county's child protection determination or child placement decision. 13.12    (b) A vendor of medical care as defined in section 256B.02, subdivision 7, or a 13.13vendor under contract with a county agency to provide social services is not a party and 13.14may not request a hearing under this section, except if assisting a recipient as provided in 13.15subdivision 4. 13.16    (c) An applicant or recipient is not entitled to receive social services beyond the 13.17services prescribed under chapter 256M or other social services the person is eligible 13.18for under state law. 13.19    (d) The commissioner may summarily affirm the county or state agency's proposed 13.20action without a hearing when the sole issue is an automatic change due to a change in 13.21state or federal law. 13.22    Sec. 12. Minnesota Statutes 2006, section 256.045, subdivision 3b, is amended to read: 13.23    Subd. 3b. Standard of evidence for maltreatment and disqualification hearings. 13.24    (a) The state human services referee shall determine that maltreatment has occurred if a 13.25preponderance of evidence exists to support the final disposition under sections 626.556 13.26and 626.557. For purposes of hearings regarding disqualification, the state human services 13.27referee shall affirm the proposed disqualification in an appeal under subdivision 3, 13.28paragraph (a), clause (9), if a preponderance of the evidence shows the individual has: 13.29    (1) new text begin a preponderance of the evidence shows the individual has new text end committed 13.30maltreatment under section 626.556 or 626.557, which is serious or recurring; 13.31    (2) new text begin clear and convincing evidence shows the individual has new text end committed an act or acts 13.32meeting the definition of any of the crimes listed in section 245C.15, subdivisions 1 to 4; or 13.33    (3) new text begin a preponderance of the evidence shows the individual has new text end failed to make required 13.34reports under section 626.556 or 626.557, for incidents in which the final disposition under 13.35section 626.556 or 626.557 was substantiated maltreatment that was serious or recurring. 14.1    (b) If the disqualification is affirmed, the state human services referee shall 14.2determine whether the individual poses a risk of harm in accordance with the requirements 14.3of section 245C.16, and whether the disqualification should be set aside or not set aside. 14.4In determining whether the disqualification should be set aside, the human services 14.5referee shall consider all of the characteristics that cause the individual to be disqualified, 14.6including those characteristics that were not subject to review under paragraph (a), in 14.7order to determine whether the individual poses a risk of harm. A decision to set aside 14.8a disqualification that is the subject of the hearing constitutes a determination that the 14.9individual does not pose a risk of harm and that the individual may provide direct contact 14.10services in the individual program specified in the set aside. If a determination that the 14.11information relied upon to disqualify an individual was correct and is conclusive under 14.12section 245C.29, and the individual is subsequently disqualified under section 245C.14, 14.13the individual has a right to again request reconsideration on the risk of harm under section 14.14245C.21 . Subsequent determinations regarding risk of harm are not subject to another 14.15hearing under this section. 14.16    (c) The state human services referee shall recommend an order to the commissioner 14.17of health, education, or human services, as applicable, who shall issue a final order. The 14.18commissioner shall affirm, reverse, or modify the final disposition. Any order of the 14.19commissioner issued in accordance with this subdivision is conclusive upon the parties 14.20unless appeal is taken in the manner provided in subdivision 7. In any licensing appeal 14.21under chapters 245A and 245C and sections 144.50 to 144.58 and 144A.02 to 144A.46, 14.22the commissioner's determination as to maltreatment is conclusive, as provided under 14.23section 245C.29. 14.24    Sec. 13. Minnesota Statutes 2006, section 259.20, subdivision 1, is amended to read: 14.25    Subdivision 1. Policy and purpose. The policy of the state of Minnesota and the 14.26purpose of sections 259.20 to 259.69 is to ensure: 14.27    (1) that the best interests of children new text begin adopted persons new text end are met in the planning and 14.28granting of adoptions; and 14.29    (2) that laws and practices governing adoption recognize the diversity of Minnesota's 14.30population and the diverse needs of persons affected by adoption. 14.31    Sec. 14. Minnesota Statutes 2006, section 259.21, is amended by adding a subdivision 14.32to read: 14.33     new text begin Subd. 2a. new text end new text begin Adult adoption. new text end new text begin "Adult adoption" means the adoption of a person new text end 14.34 new text begin at least 18 years of age. new text end 15.1    Sec. 15. Minnesota Statutes 2006, section 259.22, subdivision 2, is amended to read: 15.2    Subd. 2. Children new text begin Persons new text end who may be adopted. No petition for adoption shall be 15.3filed unless the child new text begin person new text end sought to be adopted has been placed by the commissioner 15.4of human services, the commissioner's agent, or a licensed child-placing agency. The 15.5provisions of this subdivision shall not apply if 15.6    (a) the child new text begin person to be adopted new text end is over 14 years of age; 15.7    (b) the child is sought to be adopted by an individual who is related to the child, as 15.8defined by section 245A.02, subdivision 13; 15.9    (c) the child has been lawfully placed under the laws of another state while the child 15.10and petitioner resided in that other state; 15.11    (d) the court waives the requirement of this subdivision in the best interests of the 15.12child or petitioners, provided that the adoption does not involve a placement as defined in 15.13section 259.21, subdivision 8; or 15.14    (e) the child has been lawfully placed under section 259.47. 15.15    Sec. 16. Minnesota Statutes 2006, section 259.23, subdivision 2, is amended to read: 15.16    Subd. 2. Contents of petition. The petition shall be signed by the petitioner and, if 15.17married, by the spouse. It shall be verified, and filed in duplicate. The petition shall allege: 15.18    (a) The full name, age and place of residence of petitioner, and if married, the date 15.19and place of marriage; 15.20    (b) The date petitioner acquired physical custody of the child and from what person 15.21or agency; 15.22    (c) The date of birth of the child new text begin person to be adopted new text end , if known, and the state and 15.23county where born; 15.24    (d) The name of the child's parents, if known, and the guardian if there be one; 15.25    (e) The actual name of the child new text begin person to be adopted new text end , if known, and any known 15.26aliases; 15.27    (f) The name to be given the child new text begin person to be adopted new text end if a change of name is 15.28desired; 15.29    (g) The description and value of any real or personal property owned by the child new text begin new text end 15.30 new text begin person to be adopted new text end ; 15.31    (h) That the petitioner desires that the relationship of parent and child be established 15.32between petitioner and the child, and that it is to the new text begin person to be adopted and that adoption new text end 15.33 new text begin is in the new text end best interests of the child for the child new text begin person new text end to be adopted by the petitioner. 16.1    In agency placements, the information required in clauses (d) and (e) shall not 16.2be required to be alleged in the petition but shall be transmitted to the court by the 16.3commissioner of human services or the agency. 16.4    Sec. 17. new text begin [259.241] ADULT ADOPTION. new text end 16.5     new text begin (a) Any adult person may be adopted, regardless of his or her residence. A resident new text end 16.6 new text begin of Minnesota may petition the court of record having jurisdiction of adoption proceedings new text end 16.7 new text begin to adopt an individual who has reached the age of 18 years or older. new text end 16.8     new text begin (b) The consent of the person to be adopted shall be the only consent necessary, new text end 16.9 new text begin according to section 259.24. The consent of an adult in his or her own adoption is invalid new text end 16.10 new text begin if the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, new text end 16.11 new text begin or if the person consenting to the adoption is determined not competent to give consent. new text end 16.12     new text begin (c) The decree of adoption establishes a parent-child relationship between the new text end 16.13 new text begin adopting parent or parents and the person adopted, including the right to inherit, and also new text end 16.14 new text begin terminates the parental rights and sibling relationship between the adopted person and the new text end 16.15 new text begin adopted person's birth parents and siblings according to section 259.59. new text end 16.16     new text begin (d) If the adopted person requests a change of name, the adoption decree shall new text end 16.17 new text begin order the name change. new text end 16.18    Sec. 18. Minnesota Statutes 2007 Supplement, section 259.41, subdivision 1, is 16.19amended to read: 16.20    Subdivision 1. Study required before placement; certain relatives excepted. (a) 16.21An approved adoption study; completed background study, as required under section 16.22245C.33 ; and written report must be completed before the child is placed in a prospective 16.23adoptive home under this chapter, except as allowed by section 259.47, subdivision 6. 16.24In an agency placement, the report must be filed with the court at the time the adoption 16.25petition is filed. In a direct adoptive placement, the report must be filed with the court in 16.26support of a motion for temporary preadoptive custody under section 259.47, subdivision 16.273 , or, if the study and report are complete, in support of an emergency order under section 16.28259.47, subdivision 6 . The study and report shall be completed by a licensed child-placing 16.29agency and must be thorough and comprehensive. The study and report shall be paid for 16.30by the prospective adoptive parent, except as otherwise required under section new text begin 256.01, new text end 16.31 new text begin subdivision 2, paragraph (h), new text end 259.67 new text begin , new text end or 259.73. 16.32    (b) A placement for adoption with an individual who is related to the child, as 16.33defined by section 245A.02, subdivision 13, is not subject to this section except as new text begin the new text end 16.34 new text begin background study new text end required by sections and 259.53, subdivision 2, paragraph (c). 17.1 new text begin by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the new text end 17.2 new text begin case of a stepparent adoption, a background study must be completed on the stepparent new text end 17.3 new text begin and any children as required under subdivision 3, paragraph (b), except that a child of new text end 17.4 new text begin the stepparent does not need to have a background study complete if they are a sibling new text end 17.5 new text begin through birth or adoption of the person being adopted. The local social services agency new text end 17.6 new text begin of the county in which the prospective adoptive parent lives must initiate a background new text end 17.7 new text begin study unless a child-placing agency has been involved with the adoption. The local social new text end 17.8 new text begin service agency may charge a reasonable fee for the background study. If a placement is new text end 17.9 new text begin being made the background study must be completed prior to placement pursuant to new text end 17.10 new text begin section 259.29, subdivision 1, paragraph (c). Background study results must be filed with new text end 17.11 new text begin the adoption petition according to section 259.22, except in an adult adoption where an new text end 17.12 new text begin adoption study and background study are not needed. new text end 17.13    (c) In the case of a licensed foster parent seeking to adopt a child who is in the foster 17.14parent's care, any portions of the foster care licensing process that duplicate requirements 17.15of the home study may be submitted in satisfaction of the relevant requirements of this 17.16section. 17.17    Sec. 19. Minnesota Statutes 2006, section 259.43, is amended to read: 17.18259.43 BIRTH PARENT HISTORY; COMMISSIONER'S FORM. 17.19    In any adoption under this chapter, except a stepparent new text begin or an adult new text end adoption new text begin under new text end 17.20 new text begin section 259.241 new text end , a birth parent or an agency new text begin , if an agency placement, new text end shall provide a 17.21prospective adoptive parent with a new text begin complete, thorough, new text end detailed new text begin , and current new text end social and 17.22medical history of the birth families new text begin child being adopted new text end , if new text begin information is new text end known after 17.23reasonable inquiry. Each birth family new text begin child social and medical new text end history must be provided 17.24on a form new text begin or forms new text end prepared by the commissioner new text begin and must include background and health new text end 17.25 new text begin history specific to the child, the child's birth parents, and the child's other birth relatives. new text end 17.26 new text begin Applicable background and health information about the child includes: the child's current new text end 17.27 new text begin health condition, behavior, and demeanor; placement history; education history; sibling new text end 17.28 new text begin information; and birth, medical, dental, and immunization information. Redacted copies of new text end 17.29 new text begin pertinent records, assessments, and evaluations shall be attached to the child's social and new text end 17.30 new text begin medical history. Applicable background information about the child's birth parents and new text end 17.31 new text begin other birth relatives includes: general background information; education and employment new text end 17.32 new text begin history; physical health and mental health history; and reasons for the child's placement. new text end 17.33 new text begin The child's social and medical history shall be completed new text end in a manner so that the completed 17.34form protects the identities of all individuals described in it. The commissioner shall make 17.35the form available to agencies and court administrators for public distribution. The birth 18.1family new text begin child's social and medical new text end history must be new text begin provided to the prospective adoptive new text end 18.2 new text begin family prior to adoptive placement, provided to the Department of Human Services new text end 18.3 new text begin with application for adoption assistance, if applicable, and new text end filed with the court when the 18.4adoption petition is filed, or, new text begin . new text end In a direct adoptive placement, new text begin the child's social and medical new text end 18.5 new text begin history must be filed with the court new text end with the motion for temporary preadoptive custody. 18.6    Sec. 20. Minnesota Statutes 2006, section 259.52, subdivision 2, is amended to read: 18.7    Subd. 2. Requirement to search registry before adoption petition can be 18.8granted; proof of search. No petition for adoption may be granted unless the agency 18.9supervising the adoptive placement, the birth mother of the child, or, in the case of a 18.10stepparent or relative adoption, the county agency responsible for the report required 18.11under section 259.53, subdivision 1, requests that the commissioner of health search the 18.12registry to determine whether a putative father is registered in relation to a child who is 18.13or may be the subject of an adoption petition. The search required by this subdivision 18.14must be conducted no sooner than 31 days following the birth of the child. A search 18.15of the registry may be proven by the production of a certified copy of the registration 18.16form or by a certified statement of the commissioner of health that after a search no 18.17registration of a putative father in relation to a child who is or may be the subject of 18.18an adoption petition could be located. new text begin The filing of a certified copy of an order from a new text end 18.19 new text begin juvenile protection matter under chapter 260C containing a finding that certification of the new text end 18.20 new text begin requisite search of the Minnesota Fathers' Adoption Registry was filed with the court in new text end 18.21 new text begin that matter shall also constitute proof of search. new text end Certification that the fathers' adoption 18.22registry has been searched must be filed with the court prior to entry of any final order of 18.23adoption. In addition to the search required by this subdivision, the agency supervising 18.24the adoptive placement, the birth mother of the child, or, in the case of a stepparent or 18.25relative adoption, the county new text begin social services new text end agency responsible for the report under 18.26section 259.53, subdivision 1, new text begin or the responsible social services agency that is a petitioner new text end 18.27 new text begin in a juvenile protection matter under chapter 260C new text end may request that the commissioner 18.28of health search the registry at any time. 18.29    Sec. 21. Minnesota Statutes 2006, section 259.53, subdivision 3, is amended to read: 18.30    Subd. 3. Reports and records. (a) The contents of all reports and records of the 18.31commissioner of human services, local social services agency, or child-placing agency 18.32bearing on the suitability of the proposed adoptive home and the child to each other shall 18.33not be disclosed either directly or indirectly to any person other than the commissioner of 18.34human services new text begin , the child's guardian ad litem appointed under: (1) section 260C.163 when new text end 19.1 new text begin the guardian's appointment continues under section 260C.317, subdivision 3, paragraph new text end 19.2 new text begin (b); or (2) section 259.65 new text end or a judge of the court having jurisdiction of the matter, except 19.3as provided in paragraph (b). 19.4    (b) A judge of the court having jurisdiction of the matter shall upon request disclose 19.5to a party to the proceedings or the party's counsel any portion of a report or record that 19.6relates only to the suitability of the proposed adoptive parents. In this disclosure, the judge 19.7may withhold the identity of individuals providing information in the report or record. 19.8When the judge is considering whether to disclose the identity of individuals providing 19.9information, the agency with custody of the report or record shall be permitted to present 19.10reasons for or against disclosure. 19.11    Sec. 22. Minnesota Statutes 2007 Supplement, section 259.57, subdivision 1, is 19.12amended to read: 19.13    Subdivision 1. Findings; orders. Upon the hearing, 19.14    (a) if the court finds that it is in the best interests of the child new text begin person to be adopted new text end 19.15that the petition be granted, a decree of adoption shall be made and recorded in the office 19.16of the court administrator, ordering that henceforth the child new text begin person to be adopted new text end shall 19.17be the child of the petitioner. In the decree the court may change the name of the child 19.18 new text begin adopted person new text end if desired. After the decree is granted for a child new text begin an adopted person new text end who is: 19.19    (1) under the guardianship of the commissioner or a licensed child-placing agency 19.20according to section 260C.201, subdivision 11, or 260C.317; 19.21    (2) placed by the commissioner, commissioner's agent, or licensed child-placing 19.22agency after a consent to adopt according to section 259.24 or under an agreement 19.23conferring authority to place for adoption according to section 259.25; or 19.24    (3) adopted after a direct adoptive placement ordered by the district court under 19.25section 259.47, 19.26the court administrator shall immediately mail a copy of the recorded decree to the 19.27commissioner of human services; 19.28    (b) if the court is not satisfied that the proposed adoption is in the best interests of 19.29the child new text begin person to be adopted new text end , the court shall deny the petition, and new text begin in the case of a child new text end 19.30shall order the child returned to the custody of the person or agency legally vested with 19.31permanent custody or certify the case for appropriate action and disposition to the court 19.32having jurisdiction to determine the custody and guardianship of the child. 19.33    Sec. 23. Minnesota Statutes 2006, section 259.59, subdivision 1, is amended to read: 20.1    Subdivision 1. Legal effect. Upon adoption, the child new text begin adopted person new text end shall become 20.2the legal child of the adopting persons and they shall become the legal parents of the child 20.3with all the rights and duties between them of birth parents and legitimate child. By virtue 20.4of the adoption the child new text begin adopted person new text end shall inherit from the adoptive parents or their 20.5relatives the same as though the child new text begin adopted person new text end were the natural child of the parents, 20.6and in case of the child's new text begin adopted person's new text end death intestate the adoptive parents and their 20.7relatives shall inherit the child's new text begin adopted person's new text end estate as if they new text begin the adopted person new text end had 20.8been the child's birth parents and relatives. After a decree of adoption is entered the birth 20.9parents of an adopted child new text begin person new text end shall be relieved of all parental responsibilities for the 20.10child new text begin adopted person new text end , and they shall not exercise or have any rights over the adopted 20.11child new text begin person new text end or the child's new text begin adopted person's new text end property. The child new text begin adopted person new text end shall not 20.12owe the birth parents or their relatives any legal duty nor shall the child new text begin adopted person new text end 20.13inherit from the birth parents or kindred, except as provided in subdivision 1a and section 20.14257C.08, subdivision 6 . 20.15    Sec. 24. Minnesota Statutes 2006, section 259.59, subdivision 2, is amended to read: 20.16    Subd. 2. Enrollment in American Indian tribe. Notwithstanding the provisions of 20.17subdivision 1, the adoption of a child new text begin person new text end whose birth parent or parents are enrolled in 20.18an American Indian tribe shall not change the child's new text begin person's new text end enrollment in that tribe. 20.19    Sec. 25. Minnesota Statutes 2006, section 259.67, subdivision 2, is amended to read: 20.20    Subd. 2. Adoption assistance agreement. The placing agency shall certify a child 20.21as eligible for adoption assistance according to rules promulgated by the commissioner. 20.22The placing agency shall not certify a child who remains under the jurisdiction of the 20.23sending agency pursuant to section 260.851, article 5, for state-funded adoption assistance 20.24when Minnesota is the receiving state. Not later than 30 days after a parent or parents are 20.25found and approved for adoptive placement of a child certified as eligible for adoption 20.26assistance, and before the final decree of adoption is issued, a written agreement must be 20.27entered into by the commissioner, the adoptive parent or parents, and the placing agency. 20.28The written agreement must be fully completed by the placing agency and in the form 20.29prescribed by the commissioner and must set forth the responsibilities of all parties, the 20.30anticipated duration of the adoption assistance payments, and the payment terms. The 20.31adoption assistance agreement shall be subject to the commissioner's approval, which 20.32must be granted or denied not later than 15 days after the agreement is entered. 20.33    The amount of adoption assistance is subject to the availability of state and federal 20.34funds and shall be determined through agreement with the adoptive parents. The 21.1agreement shall take into consideration the circumstances of the adopting parent or 21.2parents, the needs of the child being adopted and may provide ongoing monthly assistance, 21.3supplemental maintenance expenses related to the adopted person's new text begin child's new text end special needs, 21.4nonmedical expenses periodically necessary for purchase of services, items, or equipment 21.5related to the special needs, and medical expenses. The placing agency or the adoptive 21.6parent or parents shall provide written documentation to support the need for adoption 21.7assistance payments. The commissioner may require periodic reevaluation of adoption 21.8assistance payments. The amount of ongoing monthly adoption assistance granted may 21.9in no case exceed that which would be allowable for the child under foster family care 21.10and is subject to the availability of state and federal funds. 21.11    Sec. 26. Minnesota Statutes 2006, section 259.67, subdivision 3, is amended to read: 21.12    Subd. 3. Annual affidavit new text begin Modification or termination of the adoption assistance new text end 21.13 new text begin agreement new text end . When adoption assistance agreements are for more than one year, the adoptive 21.14parents or guardian or conservator shall annually present an affidavit stating whether the 21.15adopted person remains under their care and whether the need for adoption assistance 21.16continues to exist. The commissioner may verify the affidavit. The adoption assistance 21.17agreement shall continue in accordance with its terms as long as the need for adoption 21.18assistance continues and the adopted person new text begin child new text end is the legal or financial dependent of the 21.19adoptive parent or parents or guardian or conservator and is under 18 years of age. The 21.20adoption assistance agreement may be extended to age 22 as allowed by rules adopted 21.21by the commissioner. Termination or modification of the adoption assistance agreement 21.22may be requested by the adoptive parents or subsequent guardian or conservator at any 21.23time. When the commissioner determines that a child is eligible for adoption assistance 21.24under Title IV-E of the Social Security Act, United States Code, title 42, sections 670 to 21.25679a, the commissioner shall modify the adoption assistance agreement in order to obtain 21.26the funds under that act. 21.27    Sec. 27. Minnesota Statutes 2006, section 259.67, is amended by adding a subdivision 21.28to read: 21.29     new text begin Subd. 3a. new text end new text begin Recovery of overpayments. new text end new text begin An amount of adoption assistance paid to new text end 21.30 new text begin an adoptive parent in excess of the payment due is recoverable by the commissioner, new text end 21.31 new text begin even when the overpayment was caused by agency error or circumstances outside the new text end 21.32 new text begin responsibility and control of the family or provider. Adoption assistance amounts covered new text end 21.33 new text begin by this subdivision include basic maintenance needs payments, monthly supplemental new text end 22.1 new text begin maintenance needs payments, reimbursement of nonrecurring adoption expenses, new text end 22.2 new text begin reimbursement of special nonmedical costs, and reimbursement of medical costs. new text end 22.3    Sec. 28. Minnesota Statutes 2007 Supplement, section 259.67, subdivision 4, is 22.4amended to read: 22.5    Subd. 4. Eligibility conditions. (a) The placing agency shall use the AFDC 22.6requirements as specified in federal law as of July 16, 1996, when determining the child's 22.7eligibility for adoption assistance under title IV-E of the Social Security Act. If the child 22.8does not qualify, the placing agency shall certify a child as eligible for state funded 22.9adoption assistance only if the following criteria are met: 22.10    (1) Due to the child's characteristics or circumstances it would be difficult to provide 22.11the child an adoptive home without adoption assistance. 22.12    (2)(i) A placement agency has made reasonable efforts to place the child for adoption 22.13without adoption assistance, but has been unsuccessful; or 22.14    (ii) the child's licensed foster parents desire to adopt the child and it is determined by 22.15the placing agency that the adoption is in the best interest of the child new text begin ; or new text end 22.16     new text begin (iii) the child's relative, as defined in section 260C.007, subdivision 27, desires to new text end 22.17 new text begin adopt the child, and it is determined by the placing agency that the adoption is in the new text end 22.18 new text begin best interest of the child new text end . 22.19    (3)(i) The child has been new text begin is new text end a ward of the commissioner, a Minnesota-licensed 22.20child-placing agency, or a tribal social service agency of Minnesota recognized by the 22.21Secretary of the Interior; or (ii) the child will be adopted according to tribal law without a 22.22termination of parental rights or relinquishment, provided that the tribe has documented 22.23the valid reason why the child cannot or should not be returned to the home of the child's 22.24parent. The placing agency shall not certify a child who remains under the jurisdiction 22.25of the sending agency pursuant to section 260.851, article 5, for state-funded adoption 22.26assistance when Minnesota is the receiving state. new text begin A child who is adopted by the child's new text end 22.27 new text begin legal custodian or guardian shall not be eligible for state-funded adoption assistance. new text end 22.28    (b) For purposes of this subdivision, The characteristics or circumstances that may be 22.29considered in determining whether a child is a child with special needs under United States 22.30Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of paragraph (a), 22.31clause (1), new text begin or section 473(c)(2)(A) of the Social Security Act, new text end are the following: 22.32    (1) The child is a member of a sibling group to be placed as one unit in which at 22.33least one sibling is older than 15 months of age or is described in clause (2) or (3). 22.34    (2) The child has documented physical, mental, emotional, or behavioral disabilities. 23.1    (3) The child has a high risk of developing physical, mental, emotional, or behavioral 23.2disabilities. 23.3    (4) The child is five years of age or older. 23.4    (c) When a child's eligibility for adoption assistance is based upon the high risk of 23.5developing physical, mental, emotional, or behavioral disabilities, payments shall not be 23.6made under the adoption assistance agreement unless and until the potential disability 23.7manifests itself as documented by an appropriate health care professional. 23.8    Sec. 29. Minnesota Statutes 2006, section 259.75, subdivision 5, is amended to read: 23.9    Subd. 5. Withdrawal of registration. A child's registration shall be withdrawn 23.10when the exchange service has been notified in writing by the local social service agency 23.11and new text begin or new text end the licensed child-placing agency that the child has been adopted, has become 14 23.12years old and will not consent to an adoption plan, new text begin placed in an adoptive home new text end or has died. 23.13    Sec. 30. Minnesota Statutes 2006, section 259.89, subdivision 1, is amended to read: 23.14    Subdivision 1. Request. An adopted person who is 19 years of age or over may 23.15request the commissioner of health to disclose the information on the adopted person's 23.16original birth record. The commissioner of health shall, within five days of receipt of the 23.17request, notify the commissioner of human services new text begin agent or licensed child-placing agency new text end 23.18 new text begin when known or the commissioner of human services when the agency is not known new text end in 23.19writing of the request by the adopted person. 23.20    Sec. 31. Minnesota Statutes 2006, section 259.89, subdivision 2, is amended to read: 23.21    Subd. 2. Search. Within six months after receiving notice of the request of 23.22the adopted person, the commissioner of human services new text begin services' agent or a licensed new text end 23.23 new text begin child-placing agency new text end shall make complete and reasonable efforts to notify each parent 23.24identified on the original birth record of the adopted person. The commissioner, the 23.25commissioner's agents, and licensed child-placing agencies may charge a reasonable 23.26fee to the adopted person for the cost of making a search pursuant to this subdivision. 23.27Every licensed child-placing agency in the state shall cooperate with the commissioner of 23.28human services in efforts to notify an identified parent. All communications under this 23.29subdivision are confidential pursuant to section 13.02, subdivision 3. 23.30    For purposes of this subdivision, "notify" means a personal and confidential contact 23.31with the birth parents named on the original birth record of the adopted person. The 23.32contact shall not be by mail and shall be by an employee or agent of the licensed 23.33child-placing agency which processed the pertinent adoption or some other licensed 24.1child-placing agency designated by the commissioner of human services new text begin when it is new text end 24.2 new text begin determined to be reasonable by the commissioner; otherwise contact shall be by mail or new text end 24.3 new text begin telephone new text end . The contact shall be evidenced by filing with the commissioner of health an 24.4affidavit of notification executed by the person who notified each parent certifying that 24.5each parent was given the following information: 24.6    (a) new text begin (1) new text end the nature of the information requested by the adopted person; 24.7    (b) new text begin (2) new text end the date of the request of the adopted person; 24.8    (c) new text begin (3) new text end the right of the parent to file, within 30 days of receipt of the notice, an 24.9affidavit with the commissioner of health stating that the information on the original birth 24.10record should not be disclosed; 24.11    (d) new text begin (4) new text end the right of the parent to file a consent to disclosure with the commissioner 24.12of health at any time; and 24.13    (e) new text begin (5) new text end the effect of a failure of the parent to file either a consent to disclosure or an 24.14affidavit stating that the information on the original birth record should not be disclosed. 24.15    Sec. 32. Minnesota Statutes 2006, section 259.89, subdivision 4, is amended to read: 24.16    Subd. 4. Release of information after notice. If, within six months, the 24.17commissioner of human services certifies new text begin services' agent or licensed child-placing agency new text end 24.18 new text begin document new text end to the commissioner of health notification of each parent identified on the 24.19original birth record pursuant to subdivision 2, the commissioner of health shall disclose 24.20the information requested by the adopted person 31 days after the date of the latest notice 24.21to either parent. This disclosure will occur if, at any time during the 31 days both of 24.22the parents identified on the original birth record have filed a consent to disclosure with 24.23the commissioner of health and neither consent to disclosure has been revoked by the 24.24subsequent filing by a parent of an affidavit stating that the information should not be 24.25disclosed. If only one parent has filed a consent to disclosure and the consent has not been 24.26revoked, the commissioner of health shall disclose, to the adopted person, original birth 24.27record information on the consenting parent only. 24.28    Sec. 33. Minnesota Statutes 2006, section 259.89, is amended by adding a subdivision 24.29to read: 24.30     new text begin Subd. 7. new text end new text begin Adult adoptions. new text end new text begin Notwithstanding section 144.218, a person adopted new text end 24.31 new text begin as an adult shall be permitted to access the person's birth records that existed prior to new text end 24.32 new text begin the adult adoption. Access to the existing birth records shall be the same access that new text end 24.33 new text begin was permitted prior to the adult adoption. new text end 25.1    Sec. 34. new text begin [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF new text end 25.2 new text begin CHILDREN. new text end 25.3 new text begin ARTICLE I. PURPOSE new text end 25.4     new text begin The purpose of this Interstate Compact for the Placement of Children is to: new text end 25.5     new text begin A. Provide a process through which children subject to this compact are placed in new text end 25.6 new text begin safe and suitable homes in a timely manner. new text end 25.7     new text begin B. Facilitate ongoing supervision of a placement, the delivery of services, and new text end 25.8 new text begin communication between the states. new text end 25.9     new text begin C. Provide operating procedures that will ensure that children are placed in safe and new text end 25.10 new text begin suitable homes in a timely manner. new text end 25.11     new text begin D. Provide for the promulgation and enforcement of administrative rules new text end 25.12 new text begin implementing the provisions of this compact and regulating the covered activities of new text end 25.13 new text begin the member states. new text end 25.14     new text begin E. Provide for uniform data collection and information sharing between member new text end 25.15 new text begin states under this compact. new text end 25.16     new text begin F. Promote coordination between this compact, the Interstate Compact for Juveniles, new text end 25.17 new text begin the Interstate Compact on Adoption and Medical Assistance and other compacts affecting new text end 25.18 new text begin the placement of and which provide services to children otherwise subject to this compact. new text end 25.19     new text begin G. Provide for a state's continuing legal jurisdiction and responsibility for placement new text end 25.20 new text begin and care of a child that it would have had if the placement were intrastate. new text end 25.21     new text begin H. Provide for the promulgation of guidelines, in collaboration with Indian tribes, new text end 25.22 new text begin for interstate cases involving Indian children as is or may be permitted by federal law. new text end 25.23 new text begin ARTICLE II. DEFINITIONS new text end 25.24     new text begin As used in this compact, new text end 25.25     new text begin A. "Approved placement" means the public child-placing agency in the receiving new text end 25.26 new text begin state has determined that the placement is both safe and suitable for the child. new text end 25.27     new text begin B. "Assessment" means an evaluation of a prospective placement by a public new text end 25.28 new text begin child-placing agency to determine whether the placement meets the individualized needs new text end 25.29 new text begin of the child, including but not limited to the child's safety and stability, health and new text end 25.30 new text begin well-being, and mental, emotional, and physical development. An assessment is only new text end 25.31 new text begin applicable to a placement by a public child-placing agency. new text end 25.32     new text begin C. "Child" means an individual who has not attained the age of eighteen (18). new text end 25.33     new text begin D. "Certification" means to attest, declare or sworn to before a judge or notary public. new text end 25.34     new text begin E. "Default" means the failure of a member state to perform the obligations or new text end 25.35 new text begin responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate new text end 25.36 new text begin Commission. new text end 26.1     new text begin F. "Home Study" means an evaluation of a home environment conducted according new text end 26.2 new text begin to the applicable requirements of the State in which the home is located, and documents new text end 26.3 new text begin the preparation and the suitability of the placement resource for placement of a child new text end 26.4 new text begin according to the laws and requirements of the state in which the home is located. new text end 26.5     new text begin G. "Indian tribe" means any Indian tribe, band, nation, or other organized group new text end 26.6 new text begin or community of Indians recognized as eligible for services provided to Indians by the new text end 26.7 new text begin Secretary of the Interior because of their status as Indians, including any Alaskan native new text end 26.8 new text begin village as defined in section 3 (c) of the Alaska Native Claims settlement Act at 43 USC new text end 26.9 new text begin ��1602(c). new text end 26.10     new text begin H. "Interstate Commission for the Placement of Children" means the commission new text end 26.11 new text begin that is created under Article VIII of this compact and which is generally referred to as the new text end 26.12 new text begin Interstate Commission. new text end 26.13     new text begin I. "Jurisdiction" means the power and authority of a court to hear and decide matters. new text end 26.14     new text begin J. "Legal Risk Placement" ("Legal Risk Adoption") means a placement made new text end 26.15 new text begin preliminary to an adoption where the prospective adoptive parents acknowledge in writing new text end 26.16 new text begin that a child can be ordered returned to the sending state or the birth mother's state of new text end 26.17 new text begin residence, if different from the sending state and a final decree of adoption shall not be new text end 26.18 new text begin entered in any jurisdiction until all required consents are obtained or are dispensed with new text end 26.19 new text begin according to applicable law. new text end 26.20     new text begin K. "Member state" means a state that has enacted this compact. new text end 26.21     new text begin L. "Non-custodial parent" means a person who, at the time of the commencement new text end 26.22 new text begin of court proceedings in the sending state, does not have sole legal custody of the child new text end 26.23 new text begin or has joint legal custody of a child, and who is not the subject of allegations or findings new text end 26.24 new text begin of child abuse or neglect. new text end 26.25     new text begin M. "Non-member state" means a state which has not enacted this compact. new text end 26.26     new text begin N. "Notice of residential placement" means information regarding a placement new text end 26.27 new text begin into a residential facility provided to the receiving state including, but not limited to the new text end 26.28 new text begin name, date and place of birth of the child, the identity and address of the parent or legal new text end 26.29 new text begin guardian, evidence of authority to make the placement, and the name and address of new text end 26.30 new text begin the facility in which the child will be placed. Notice of residential placement shall also new text end 26.31 new text begin include information regarding a discharge and any unauthorized absence from the facility. new text end 26.32     new text begin O. "Placement" means the act by a public or private child-placing agency intended new text end 26.33 new text begin to arrange for the care or custody of a child in another state. new text end 26.34     new text begin P. "Private child-placing agency" means any private corporation, agency, foundation, new text end 26.35 new text begin institution, or charitable organization, or any private person or attorney that facilitates, new text end 27.1 new text begin causes, or is involved in the placement of a child from one state to another and that is not new text end 27.2 new text begin an instrumentality of the state or acting under color of state law. new text end 27.3     new text begin Q. "Provisional placement" means a determination made by the public child-placing new text end 27.4 new text begin agency in the receiving state that the proposed placement is safe and suitable, and, to the new text end 27.5 new text begin extent allowable, the receiving state has temporarily waived its standards or requirements new text end 27.6 new text begin otherwise applicable to prospective foster or adoptive parents so as to not delay the new text end 27.7 new text begin placement. Completion of an assessment and the receiving state requirements regarding new text end 27.8 new text begin training for prospective foster or adoptive parents shall not delay an otherwise safe and new text end 27.9 new text begin suitable placement. new text end 27.10     new text begin R. "Public child-placing agency" means any government child welfare agency or new text end 27.11 new text begin child protection agency or a private entity under contract with such an agency, regardless new text end 27.12 new text begin of whether they act on behalf of a state, county, municipality or other governmental unit new text end 27.13 new text begin and which facilitates, causes, or is involved in the placement of a child from one state new text end 27.14 new text begin to another. new text end 27.15     new text begin S. "Receiving state" means the state to which a child is sent, brought, or caused to new text end 27.16 new text begin be sent or brought. new text end 27.17     new text begin T. "Relative" means someone who is related to the child as a parent, step-parent, new text end 27.18 new text begin sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a new text end 27.19 new text begin non-relative with such significant ties to the child that they may be regarded as relatives as new text end 27.20 new text begin determined by the court in the sending state. new text end 27.21     new text begin U. "Residential Facility" means a facility providing a level of care that is sufficient new text end 27.22 new text begin to substitute for parental responsibility or foster care, and is beyond what is needed for new text end 27.23 new text begin assessment or treatment of an acute condition. For purposes of the compact, residential new text end 27.24 new text begin facilities do not include institutions primarily educational in character, hospitals or other new text end 27.25 new text begin medical facilities. new text end 27.26     new text begin V. "Rule" means a written directive, mandate, standard or principle issued by the new text end 27.27 new text begin Interstate Commission promulgated pursuant to Article XI of this compact that is of new text end 27.28 new text begin general applicability and that implements, interprets or prescribes a policy or provision of new text end 27.29 new text begin the compact. "Rule" has the force and effect of an administrative rule in a member state, new text end 27.30 new text begin and includes the amendment, repeal, or suspension of an existing rule. new text end 27.31     new text begin W. "Sending state" means the state from which the placement of a child is initiated. new text end 27.32     new text begin X. "Service member's permanent duty station" means the military installation where new text end 27.33 new text begin an active duty Armed Services member is currently assigned and is physically located new text end 27.34 new text begin under competent orders that do not specify the duty as temporary. new text end 27.35     new text begin Y. "Service member's state of legal residence" means the state in which the active new text end 27.36 new text begin duty Armed Services member is considered a resident for tax and voting purposes. new text end 28.1     new text begin Z. "State" means a state of the United States, the District of Columbia, the new text end 28.2 new text begin Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the new text end 28.3 new text begin Northern Marianas Islands and any other territory of the United States. new text end 28.4     new text begin AA. "State court" means a judicial body of a state that is vested by law with new text end 28.5 new text begin responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or new text end 28.6 new text begin status offenses of individuals who have not attained the age of eighteen (18). new text end 28.7     new text begin BB. "Supervision" means monitoring provided by the receiving state once a child new text end 28.8 new text begin has been placed in a receiving state pursuant to this compact. new text end 28.9 new text begin ARTICLE III. APPLICABILITY new text end 28.10     new text begin A. Except as otherwise provided in Article III, Section B, this compact shall apply to: new text end 28.11     new text begin 1. The interstate placement of a child in a custody proceeding in which a public new text end 28.12 new text begin child placing agency is not a party, provided, the placement is not intended to effectuate an new text end 28.13 new text begin adoption. new text end 28.14     new text begin 2. The interstate placement of a child subject to ongoing court jurisdiction in the new text end 28.15 new text begin sending state, due to allegations or findings that the child has been abused, neglected, or new text end 28.16 new text begin deprived as defined by the laws of the sending state, provided, however, that the placement new text end 28.17 new text begin of such a child into a residential facility shall only require notice of residential placement new text end 28.18 new text begin to the receiving state prior to placement. new text end 28.19     new text begin 3. The interstate placement of a child adjudicated delinquent or unmanageable new text end 28.20 new text begin based on the laws of the sending state and subject to ongoing court jurisdiction of the new text end 28.21 new text begin sending state if: new text end 28.22     new text begin a. the child is being placed in a residential facility in another member state and new text end 28.23 new text begin is not covered under another compact; or new text end 28.24     new text begin b. the child is being placed in another member state and the determination of safety new text end 28.25 new text begin and suitability of the placement and services required is not provided through another new text end 28.26 new text begin compact. new text end 28.27     new text begin 4. The interstate placement of any child by a public child-placing agency or private new text end 28.28 new text begin child-placing agency as defined in this compact as a preliminary step to a possible new text end 28.29 new text begin adoption. new text end 28.30     new text begin B. The provisions of this compact shall not apply to: new text end 28.31     new text begin 1. The interstate placement of a child with a non-relative in a receiving state by a new text end 28.32 new text begin parent with the legal authority to make such a placement provided, however, that the new text end 28.33 new text begin placement is not intended to effectuate an adoption. new text end 28.34     new text begin 2. The interstate placement of a child by one relative with the lawful authority to new text end 28.35 new text begin make such a placement directly with a relative in a receiving state. new text end 29.1     new text begin 3. The placement of a child, not subject to Article III, Section A, into a residential new text end 29.2 new text begin facility by his parent. new text end 29.3     new text begin 4. The placement of a child with a non-custodial parent provided that: new text end 29.4     new text begin a. The non-custodial parent proves to the satisfaction of a court in the sending state a new text end 29.5 new text begin substantial relationship with the child; and new text end 29.6     new text begin b. The court in the sending state makes a written finding that placement with the new text end 29.7 new text begin non-custodial parent is in the best interests of the child; and new text end 29.8     new text begin c. The court in the sending state dismisses its jurisdiction over the child's case. new text end 29.9     new text begin 5. A child entering the United States from a foreign country for the purpose of new text end 29.10 new text begin adoption or leaving the United States to go to a foreign country for the purpose of new text end 29.11 new text begin adoption in that country. new text end 29.12     new text begin 6. Cases in which a U.S. citizen child living overseas with his family, at least one new text end 29.13 new text begin of whom is in the U.S. Armed Services, and who is stationed overseas, is removed and new text end 29.14 new text begin placed in a state. new text end 29.15     new text begin 7. The sending of a child by a public child-placing agency or a private child-placing new text end 29.16 new text begin agency for a visit as defined by the rules of the Interstate Commission. new text end 29.17     new text begin C. For purposes of determining the applicability of this compact to the placement of new text end 29.18 new text begin a child with a family in the Armed Services, the public child-placing agency or private new text end 29.19 new text begin child-placing agency may choose the state of the service member's permanent duty station new text end 29.20 new text begin or the service member's declared legal residence. new text end 29.21     new text begin D. Nothing in this compact shall be construed to prohibit the concurrent application new text end 29.22 new text begin of the provisions of this compact with other applicable interstate compacts including the new text end 29.23 new text begin Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical new text end 29.24 new text begin Assistance. The Interstate Commission may in cooperation with other interstate compact new text end 29.25 new text begin commissions having responsibility for the interstate movement, placement or transfer of new text end 29.26 new text begin children, promulgate like rules to ensure the coordination of services, timely placement new text end 29.27 new text begin of children, and the reduction of unnecessary or duplicative administrative or procedural new text end 29.28 new text begin requirements. new text end 29.29 new text begin ARTICLE IV. JURISDICTION new text end 29.30     new text begin A. Except as provided in Article IV, Section G, concerning private and independent new text end 29.31 new text begin adoptions, and in interstate placements in which the public child placing agency is not a new text end 29.32 new text begin party to a custody proceeding the sending state shall retain jurisdiction over a child with new text end 29.33 new text begin respect to all matters of custody and disposition of the child which it would have had if the new text end 29.34 new text begin child had remained in the sending state. Such jurisdiction shall also include the power to new text end 29.35 new text begin order the return of the child to the sending state. new text end 30.1     new text begin B. When an issue of child protection or custody is brought before a court in the new text end 30.2 new text begin receiving state, such court shall confer with the court of the sending state to determine the new text end 30.3 new text begin most appropriate forum for adjudication. new text end 30.4     new text begin C. In accordance with its own laws, the court in the sending state shall have authority new text end 30.5 new text begin to terminate its jurisdiction if: new text end 30.6     new text begin 1. The child is reunified with the parent in the receiving state who is the subject new text end 30.7 new text begin of allegations or findings of abuse or neglect, only with the concurrence of the public new text end 30.8 new text begin child-placing agency in the receiving state; or new text end 30.9     new text begin 2. The child is adopted; new text end 30.10     new text begin 3. The child reaches the age of majority under the laws of the sending state; or new text end 30.11     new text begin 4. The child achieves legal independence pursuant to the laws of the sending state; or new text end 30.12     new text begin 5. A guardianship is created by a court in the receiving state with the concurrence of new text end 30.13 new text begin the court in the sending state; or new text end 30.14     new text begin 6. An Indian tribe has petitioned for and received jurisdiction from the court in new text end 30.15 new text begin the sending state; or new text end 30.16     new text begin 7. The public child-placing agency of the sending state requests termination and has new text end 30.17 new text begin obtained the concurrence of the public child-placing agency in the receiving the state. new text end 30.18     new text begin D. When a sending state court terminates its jurisdiction, the receiving state new text end 30.19 new text begin child-placing agency shall be notified. new text end 30.20     new text begin E. Nothing in this article shall defeat a claim of jurisdiction by a receiving state new text end 30.21 new text begin court sufficient to deal with an act of truancy, delinquency, crime or behavior involving a new text end 30.22 new text begin child as defined by the laws of the receiving state committed by the child in the receiving new text end 30.23 new text begin state which would be a violation of its laws. new text end 30.24     new text begin F. Nothing in this article shall limit the receiving state's ability to take emergency new text end 30.25 new text begin jurisdiction for the protection of the child. new text end 30.26     new text begin G. The substantive laws of the state in which an adoption will be finalized shall new text end 30.27 new text begin solely govern all issues relating to the adoption of the child and the court in which the new text end 30.28 new text begin adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive new text end 30.29 new text begin issues relating to the adoption, except: new text end 30.30     new text begin 1. when the child is a ward of another court that established jurisdiction over the new text end 30.31 new text begin child prior to the placement; new text end 30.32     new text begin 2. when the child is in the legal custody of a public agency in the sending state; or new text end 30.33     new text begin 3. when the court in the sending state has otherwise appropriately assumed new text end 30.34 new text begin jurisdiction over the child, prior to the submission of the request for approval of placement. new text end 30.35 new text begin ARTICLE V. PLACEMENT EVALUATION new text end 31.1     new text begin A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving new text end 31.2 new text begin state, the public child-placing agency shall provide a written request for assessment to new text end 31.3 new text begin the receiving state. new text end 31.4     new text begin B. For placements by a private child-placing agency, a child may be sent or brought, new text end 31.5 new text begin or caused to be sent or brought, into a receiving state, upon receipt and immediate review new text end 31.6 new text begin of the required content to accompany a request for approval of a placement in both the new text end 31.7 new text begin sending and receiving state public child-placing agency. The required content for a request new text end 31.8 new text begin for provisional approval shall include all of the following: new text end 31.9     new text begin 1. A request for approval identifying the child, birth parents, the prospective adoptive new text end 31.10 new text begin parents, and the supervising agency, signed by the person requesting approval; and new text end 31.11     new text begin 2. The appropriate consents or relinquishments signed by the birth parents in new text end 31.12 new text begin accordance with the laws of the sending state, or where permitted by the laws of the state new text end 31.13 new text begin where the adoption will be finalized; and new text end 31.14     new text begin 3. Certification by a licensed attorney or other authorized agent of a private adoption new text end 31.15 new text begin agency that the consent or relinquishment is in compliance with the applicable laws of the new text end 31.16 new text begin sending state, or where permitted the laws of the state where finalization of the adoption new text end 31.17 new text begin will occur; and new text end 31.18     new text begin 4. A home study; and new text end 31.19     new text begin 5. An acknowledgment of legal risk signed by the prospective adoptive parents. new text end 31.20     new text begin C. The sending state and the receiving state may request additional information or new text end 31.21 new text begin documents prior to finalization of an approved placement, but they may not delay travel new text end 31.22 new text begin by the prospective adoptive parents with the child if the required content for approval new text end 31.23 new text begin has been submitted, received, and reviewed by the public child-placing agency in both new text end 31.24 new text begin the sending state and the receiving state. new text end 31.25     new text begin D. Approval from the public child-placing agency in the receiving state for a new text end 31.26 new text begin provisional or approved placement is required as provided for in the rules of the Interstate new text end 31.27 new text begin Commission. new text end 31.28     new text begin E. The procedures for making, and the request for an assessment, shall contain all new text end 31.29 new text begin information and be in such form as provided for in the rules of the Interstate Commission. new text end 31.30     new text begin F. Upon receipt of a request from the public child-placing agency of the sending new text end 31.31 new text begin state, the receiving state shall initiate an assessment of the proposed placement to new text end 31.32 new text begin determine its safety and suitability. If the proposed placement is a placement with a new text end 31.33 new text begin relative, the public child-placing agency of the sending state may request a determination new text end 31.34 new text begin for a provisional placement. new text end 31.35     new text begin G. The public child-placing agency in the receiving state may request from the new text end 31.36 new text begin public child-placing agency or the private child-placing agency in the sending state, and new text end 32.1 new text begin shall be entitled to receive supporting or additional information necessary to complete new text end 32.2 new text begin the assessment. new text end 32.3 new text begin ARTICLE VI. PLACEMENT AUTHORITY new text end 32.4     new text begin A. Except as otherwise provided in this compact, no child subject to this compact new text end 32.5 new text begin shall be placed into a receiving state until approval for such placement is obtained. new text end 32.6     new text begin B. If the public child-placing agency in the receiving state does not approve new text end 32.7 new text begin the proposed placement then the child shall not be placed. The receiving state shall new text end 32.8 new text begin provide written documentation of any such determination in accordance with the rules new text end 32.9 new text begin promulgated by the Interstate Commission. Such determination is not subject to judicial new text end 32.10 new text begin review in the sending state. new text end 32.11     new text begin C. If the proposed placement is not approved, any interested party shall have new text end 32.12 new text begin standing to seek an administrative review of the receiving state's determination. new text end 32.13     new text begin 1. The administrative review and any further judicial review associated with new text end 32.14 new text begin the determination shall be conducted in the receiving state pursuant to its applicable new text end 32.15 new text begin administrative procedures. new text end 32.16     new text begin 2. If a determination not to approve the placement of the child in the receiving state new text end 32.17 new text begin is overturned upon review, the placement shall be deemed approved, provided however new text end 32.18 new text begin that all administrative or judicial remedies have been exhausted or the time for such new text end 32.19 new text begin remedies has passed. new text end 32.20 new text begin ARTICLE VII. PLACING AGENCY RESPONSIBILITY new text end 32.21     new text begin A. For the interstate placement of a child made by a public child-placing agency new text end 32.22 new text begin or state court: new text end 32.23     new text begin 1. The public child-placing agency in the sending state shall have financial new text end 32.24 new text begin responsibility for: new text end 32.25     new text begin a. the ongoing support and maintenance for the child during the period of the new text end 32.26 new text begin placement, unless otherwise provided for in the receiving state; and new text end 32.27     new text begin b. as determined by the public child-placing agency in the sending state, services for new text end 32.28 new text begin the child beyond the public services for which the child is eligible in the receiving state. new text end 32.29     new text begin 2. The receiving state shall only have financial responsibility for: new text end 32.30     new text begin a. any assessment conducted by the receiving state; and new text end 32.31     new text begin b. supervision conducted by the receiving state at the level necessary to support new text end 32.32 new text begin the placement as agreed upon by the public child-placing agencies of the receiving and new text end 32.33 new text begin sending state. new text end 32.34     new text begin 3. Nothing in this provision shall prohibit public child-placing agencies in the new text end 32.35 new text begin sending state from entering into agreements with licensed agencies or persons in the new text end 32.36 new text begin receiving state to conduct assessments and provide supervision. new text end 33.1     new text begin B. For the placement of a child by a private child-placing agency preliminary to a new text end 33.2 new text begin possible adoption, the private child-placing agency shall be: new text end 33.3     new text begin 1. Legally responsible for the child during the period of placement as provided for in new text end 33.4 new text begin the law of the sending state until the finalization of the adoption. new text end 33.5     new text begin 2. Financially responsible for the child absent a contractual agreement to the new text end 33.6 new text begin contrary. new text end 33.7     new text begin C. The public child-placing agency in the receiving state shall provide timely new text end 33.8 new text begin assessments, as provided for in the rules of the Interstate Commission. new text end 33.9     new text begin D. The public child-placing agency in the receiving state shall provide, or arrange new text end 33.10 new text begin for the provision of, supervision and services for the child, including timely reports, new text end 33.11 new text begin during the period of the placement. new text end 33.12     new text begin E. Nothing in this compact shall be construed as to limit the authority of the public new text end 33.13 new text begin child-placing agency in the receiving state from contracting with a licensed agency or new text end 33.14 new text begin person in the receiving state for an assessment or the provision of supervision or services new text end 33.15 new text begin for the child or otherwise authorizing the provision of supervision or services by a licensed new text end 33.16 new text begin agency during the period of placement. new text end 33.17     new text begin F. Each member state shall provide for coordination among its branches of new text end 33.18 new text begin government concerning the state's participation in, and compliance with, the compact and new text end 33.19 new text begin Interstate Commission activities, through the creation of an advisory council or use of an new text end 33.20 new text begin existing body or board. new text end 33.21     new text begin G. Each member state shall establish a central state compact office, which shall new text end 33.22 new text begin be responsible for state compliance with the compact and the rules of the Interstate new text end 33.23 new text begin Commission. new text end 33.24     new text begin H. The public child-placing agency in the sending state shall oversee compliance new text end 33.25 new text begin with the provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) for placements new text end 33.26 new text begin subject to the provisions of this compact, prior to placement. new text end 33.27     new text begin I. With the consent of the Interstate Commission, states may enter into limited new text end 33.28 new text begin agreements that facilitate the timely assessment and provision of services and supervision new text end 33.29 new text begin of placements under this compact. new text end 33.30 new text begin ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN new text end 33.31     new text begin The member states hereby establish, by way of this compact, a commission known new text end 33.32 new text begin as the "Interstate Commission for the Placement of Children." The activities of the new text end 33.33 new text begin Interstate Commission are the formation of public policy and are a discretionary state new text end 33.34 new text begin function. The Interstate Commission shall: new text end 34.1     new text begin A. Be a joint commission of the member states and shall have the responsibilities, new text end 34.2 new text begin powers and duties set forth herein, and such additional powers as may be conferred upon it new text end 34.3 new text begin by subsequent concurrent action of the respective legislatures of the member states. new text end 34.4     new text begin B. Consist of one commissioner from each member state who shall be appointed by new text end 34.5 new text begin the executive head of the state human services administration with ultimate responsibility new text end 34.6 new text begin for the child welfare program. The appointed commissioner shall have the legal authority new text end 34.7 new text begin to vote on policy related matters governed by this compact binding the state. new text end 34.8     new text begin 1. Each member state represented at a meeting of the Interstate Commission is new text end 34.9 new text begin entitled to one vote. new text end 34.10     new text begin 2. A majority of the member states shall constitute a quorum for the transaction of new text end 34.11 new text begin business, unless a larger quorum is required by the bylaws of the Interstate Commission. new text end 34.12     new text begin 3. A representative shall not delegate a vote to another member state. new text end 34.13     new text begin 4. A representative may delegate voting authority to another person from their state new text end 34.14 new text begin for a specified meeting. new text end 34.15     new text begin C. In addition to the commissioners of each member state, the Interstate Commission new text end 34.16 new text begin shall include persons who are members of interested organizations as defined in the bylaws new text end 34.17 new text begin or rules of the Interstate Commission. Such members shall be ex officio and shall not be new text end 34.18 new text begin entitled to vote on any matter before the Interstate Commission. new text end 34.19     new text begin D. Establish an executive committee which shall have the authority to administer new text end 34.20 new text begin the day-to-day operations and administration of the Interstate Commission. It shall not new text end 34.21 new text begin have the power to engage in rulemaking. new text end 34.22 new text begin ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION new text end 34.23     new text begin The Interstate Commission shall have the following powers: new text end 34.24     new text begin A. To promulgate rules and take all necessary actions to effect the goals, purposes new text end 34.25 new text begin and obligations as enumerated in this compact. new text end 34.26     new text begin B. To provide for dispute resolution among member states. new text end 34.27     new text begin C. To issue, upon request of a member state, advisory opinions concerning the new text end 34.28 new text begin meaning or interpretation of the interstate compact, its bylaws, rules or actions. new text end 34.29     new text begin D. To enforce compliance with this compact or the bylaws or rules of the Interstate new text end 34.30 new text begin Commission pursuant to Article XII. new text end 34.31     new text begin E. Collect standardized data concerning the interstate placement of children subject new text end 34.32 new text begin to this compact as directed through its rules which shall specify the data to be collected, new text end 34.33 new text begin the means of collection and data exchange and reporting requirements. new text end 34.34     new text begin F. To establish and maintain offices as may be necessary for the transacting of its new text end 34.35 new text begin business. new text end 34.36     new text begin G. To purchase and maintain insurance and bonds. new text end 35.1     new text begin H. To hire or contract for services of personnel or consultants as necessary to new text end 35.2 new text begin carry out its functions under the compact and establish personnel qualification policies, new text end 35.3 new text begin and rates of compensation. new text end 35.4     new text begin I. To establish and appoint committees and officers including, but not limited to, an new text end 35.5 new text begin executive committee as required by Article X. new text end 35.6     new text begin J. To accept any and all donations and grants of money, equipment, supplies, new text end 35.7 new text begin materials, and services, and to receive, utilize, and dispose thereof. new text end 35.8     new text begin K. To lease, purchase, accept contributions or donations of, or otherwise to own, new text end 35.9 new text begin hold, improve or use any property, real, personal, or mixed. new text end 35.10     new text begin L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose new text end 35.11 new text begin of any property, real, personal or mixed. new text end 35.12     new text begin M. To establish a budget and make expenditures. new text end 35.13     new text begin N. To adopt a seal and bylaws governing the management and operation of the new text end 35.14 new text begin Interstate Commission. new text end 35.15     new text begin O. To report annually to the legislatures, governors, the judiciary, and state advisory new text end 35.16 new text begin councils of the member states concerning the activities of the Interstate Commission new text end 35.17 new text begin during the preceding year. Such reports shall also include any recommendations that may new text end 35.18 new text begin have been adopted by the Interstate Commission. new text end 35.19     new text begin P. To coordinate and provide education, training and public awareness regarding the new text end 35.20 new text begin interstate movement of children for officials involved in such activity. new text end 35.21     new text begin Q. To maintain books and records in accordance with the bylaws of the Interstate new text end 35.22 new text begin Commission. new text end 35.23     new text begin R. To perform such functions as may be necessary or appropriate to achieve the new text end 35.24 new text begin purposes of this compact. new text end 35.25 new text begin ARTICLE X. ORGANIZATION AND OPERATION OF THE new text end 35.26 new text begin INTERSTATE COMMISSION new text end 35.27     new text begin A. Bylaws new text end 35.28     new text begin 1. Within 12 months after the first Interstate Commission meeting, the Interstate new text end 35.29 new text begin Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate new text end 35.30 new text begin to carry out the purposes of the compact. new text end 35.31     new text begin 2. The Interstate Commission's bylaws and rules shall establish conditions and new text end 35.32 new text begin procedures under which the Interstate Commission shall make its information and official new text end 35.33 new text begin records available to the public for inspection or copying. The Interstate Commission may new text end 35.34 new text begin exempt from disclosure information or official records to the extent they would adversely new text end 35.35 new text begin affect personal privacy rights or proprietary interests. new text end 35.36     new text begin B. Meetings new text end 36.1     new text begin 1. The Interstate Commission shall meet at least once each calendar year. The new text end 36.2 new text begin chairperson may call additional meetings and, upon the request of a simple majority of the new text end 36.3 new text begin member states shall call additional meetings. new text end 36.4     new text begin 2. Public notice shall be given by the Interstate Commission of all meetings and new text end 36.5 new text begin all meetings shall be open to the public, except as set forth in the rules or as otherwise new text end 36.6 new text begin provided in the compact. The Interstate Commission and its committees may close a new text end 36.7 new text begin meeting, or portion thereof, where it determines by two-thirds vote that an open meeting new text end 36.8 new text begin would be likely to: new text end 36.9     new text begin a. relate solely to the Interstate Commission's internal personnel practices and new text end 36.10 new text begin procedures; or new text end 36.11     new text begin b. disclose matters specifically exempted from disclosure by federal law; or new text end 36.12     new text begin c. disclose financial or commercial information which is privileged, proprietary or new text end 36.13 new text begin confidential in nature; or new text end 36.14     new text begin d. involve accusing a person of a crime, or formally censuring a person; or new text end 36.15     new text begin e. disclose information of a personal nature where disclosure would constitute new text end 36.16 new text begin a clearly unwarranted invasion of personal privacy or physically endanger one or more new text end 36.17 new text begin persons; or new text end 36.18     new text begin f. disclose investigative records compiled for law enforcement purposes; or new text end 36.19     new text begin g. specifically relate to the Interstate Commission's participation in a civil action new text end 36.20 new text begin or other legal proceeding. new text end 36.21     new text begin 3. For a meeting, or portion of a meeting, closed pursuant to this provision, the new text end 36.22 new text begin Interstate Commission's legal counsel or designee shall certify that the meeting may be new text end 36.23 new text begin closed and shall reference each relevant exemption provision. The Interstate Commission new text end 36.24 new text begin shall keep minutes which shall fully and clearly describe all matters discussed in a meeting new text end 36.25 new text begin and shall provide a full and accurate summary of actions taken, and the reasons therefore, new text end 36.26 new text begin including a description of the views expressed and the record of a roll call vote. All new text end 36.27 new text begin documents considered in connection with an action shall be identified in such minutes. All new text end 36.28 new text begin minutes and documents of a closed meeting shall remain under seal, subject to release by a new text end 36.29 new text begin majority vote of the Interstate Commission or by court order. new text end 36.30     new text begin 4. The bylaws may provide for meetings of the Interstate Commission to be new text end 36.31 new text begin conducted by telecommunication or other electronic communication. new text end 36.32     new text begin C. Officers and Staff new text end 36.33     new text begin 1. The Interstate Commission may, through its executive committee, appoint or new text end 36.34 new text begin retain a staff director for such period, upon such terms and conditions and for such new text end 36.35 new text begin compensation as the Interstate Commission may deem appropriate. The staff director shall new text end 37.1 new text begin serve as secretary to the Interstate Commission, but shall not have a vote. The staff director new text end 37.2 new text begin may hire and supervise such other staff as may be authorized by the Interstate Commission. new text end 37.3     new text begin 2. The Interstate Commission shall elect, from among its members, a chairperson new text end 37.4 new text begin and a vice chairperson of the executive committee and other necessary officers, each of new text end 37.5 new text begin whom shall have such authority and duties as may be specified in the bylaws. new text end 37.6     new text begin D. Qualified Immunity, Defense and Indemnification new text end 37.7     new text begin 1. The Interstate Commission's staff director and its employees shall be immune new text end 37.8 new text begin from suit and liability, either personally or in their official capacity, for a claim for damage new text end 37.9 new text begin to or loss of property or personal injury or other civil liability caused or arising out of or new text end 37.10 new text begin relating to an actual or alleged act, error, or omission that occurred, or that such person had new text end 37.11 new text begin a reasonable basis for believing occurred within the scope of Commission employment, new text end 37.12 new text begin duties, or responsibilities; provided, that such person shall not be protected from suit or new text end 37.13 new text begin liability for damage, loss, injury, or liability caused by a criminal act or the intentional or new text end 37.14 new text begin willful and wanton misconduct of such person. new text end 37.15     new text begin a. The liability of the Interstate Commission's staff director and employees new text end 37.16 new text begin or Interstate Commission representatives, acting within the scope of such person's new text end 37.17 new text begin employment or duties for acts, errors, or omissions occurring within such person's state new text end 37.18 new text begin may not exceed the limits of liability set forth under the Constitution and laws of that state new text end 37.19 new text begin for state officials, employees, and agents. The Interstate Commission is considered to new text end 37.20 new text begin be an instrumentality of the states for the purposes of any such action. Nothing in this new text end 37.21 new text begin subsection shall be construed to protect such person from suit or liability for damage, new text end 37.22 new text begin loss, injury, or liability caused by a criminal act or the intentional or willful and wanton new text end 37.23 new text begin misconduct of such person. new text end 37.24     new text begin b. The Interstate Commission shall defend the staff director and its employees and, new text end 37.25 new text begin subject to the approval of the Attorney General or other appropriate legal counsel of the new text end 37.26 new text begin member state shall defend the commissioner of a member state in a civil action seeking new text end 37.27 new text begin to impose liability arising out of an actual or alleged act, error or omission that occurred new text end 37.28 new text begin within the scope of Interstate Commission employment, duties or responsibilities, or that new text end 37.29 new text begin the defendant had a reasonable basis for believing occurred within the scope of Interstate new text end 37.30 new text begin Commission employment, duties, or responsibilities, provided that the actual or alleged new text end 37.31 new text begin act, error, or omission did not result from intentional or willful and wanton misconduct on new text end 37.32 new text begin the part of such person. new text end 37.33     new text begin c. To the extent not covered by the state involved, member state, or the Interstate new text end 37.34 new text begin Commission, the representatives or employees of the Interstate Commission shall be new text end 37.35 new text begin held harmless in the amount of a settlement or judgment, including attorney's fees and new text end 37.36 new text begin costs, obtained against such persons arising out of an actual or alleged act, error, or new text end 38.1 new text begin omission that occurred within the scope of Interstate Commission employment, duties, or new text end 38.2 new text begin responsibilities, or that such persons had a reasonable basis for believing occurred within new text end 38.3 new text begin the scope of Interstate Commission employment, duties, or responsibilities, provided that new text end 38.4 new text begin the actual or alleged act, error, or omission did not result from intentional or willful and new text end 38.5 new text begin wanton misconduct on the part of such persons. new text end 38.6 new text begin ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION new text end 38.7     new text begin A. The Interstate Commission shall promulgate and publish rules in order to new text end 38.8 new text begin effectively and efficiently achieve the purposes of the compact. new text end 38.9     new text begin B. Rulemaking shall occur pursuant to the criteria set forth in this article and the new text end 38.10 new text begin bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform new text end 38.11 new text begin to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform new text end 38.12 new text begin Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the new text end 38.13 new text begin Interstate Commission deems appropriate consistent with due process requirements under new text end 38.14 new text begin the United States Constitution as now or hereafter interpreted by the U. S. Supreme Court. new text end 38.15 new text begin All rules and amendments shall become binding as of the date specified, as published with new text end 38.16 new text begin the final version of the rule as approved by the Interstate Commission. new text end 38.17     new text begin C. When promulgating a rule, the Interstate Commission shall, at a minimum: new text end 38.18     new text begin 1. Publish the proposed rule's entire text stating the reason(s) for that proposed new text end 38.19 new text begin rule; and new text end 38.20     new text begin 2. Allow and invite any and all persons to submit written data, facts, opinions new text end 38.21 new text begin and arguments, which information shall be added to the record, and be made publicly new text end 38.22 new text begin available; and new text end 38.23     new text begin 3. Promulgate a final rule and its effective date, if appropriate, based on input from new text end 38.24 new text begin state or local officials, or interested parties. new text end 38.25     new text begin D. Rules promulgated by the Interstate Commission shall have the force and effect new text end 38.26 new text begin of administrative rules and shall be binding in the compacting states to the extent and in new text end 38.27 new text begin the manner provided for in this compact. new text end 38.28     new text begin E. Not later than 60 days after a rule is promulgated, an interested person may file a new text end 38.29 new text begin petition in the U.S. District Court for the District of Columbia or in the Federal District new text end 38.30 new text begin Court where the Interstate Commission's principal office is located for judicial review new text end 38.31 new text begin of such rule. If the court finds that the Interstate Commission's action is not supported new text end 38.32 new text begin by substantial evidence in the rulemaking record, the court shall hold the rule unlawful new text end 38.33 new text begin and set it aside. new text end 38.34     new text begin F. If a majority of the legislatures of the member states rejects a rule, those states new text end 38.35 new text begin may by enactment of a statute or resolution in the same manner used to adopt the compact new text end 38.36 new text begin cause that such rule shall have no further force and effect in any member state. new text end 39.1     new text begin G. The existing rules governing the operation of the Interstate Compact on the new text end 39.2 new text begin Placement of Children superseded by this act shall be null and void no less than 12, but new text end 39.3 new text begin no more than 24 months after the first meeting of the Interstate Commission created new text end 39.4 new text begin hereunder, as determined by the members during the first meeting. new text end 39.5     new text begin H. Within the first 12 months of operation, the Interstate Commission shall new text end 39.6 new text begin promulgate rules addressing the following: new text end 39.7     new text begin 1. Transition rules new text end 39.8     new text begin 2. Forms and procedures new text end 39.9     new text begin 3. Time lines new text end 39.10     new text begin 4. Data collection and reporting new text end 39.11     new text begin 5. Rulemaking new text end 39.12     new text begin 6. Visitation new text end 39.13     new text begin 7. Progress reports/supervision new text end 39.14     new text begin 8. Sharing of information/confidentiality new text end 39.15     new text begin 9. Financing of the Interstate Commission new text end 39.16     new text begin 10. Mediation, arbitration and dispute resolution new text end 39.17     new text begin 11. Education, training and technical assistance new text end 39.18     new text begin 12. Enforcement new text end 39.19     new text begin 13. Coordination with other interstate compacts new text end 39.20     new text begin I. Upon determination by a majority of the members of the Interstate Commission new text end 39.21 new text begin that an emergency exists: new text end 39.22     new text begin 1. The Interstate Commission may promulgate an emergency rule only if it is new text end 39.23 new text begin required to: new text end 39.24     new text begin a. Protect the children covered by this compact from an imminent threat to their new text end 39.25 new text begin health, safety and well-being; or new text end 39.26     new text begin b. Prevent loss of federal or state funds; or new text end 39.27     new text begin c. Meet a deadline for the promulgation of an administrative rule required by new text end 39.28 new text begin federal law. new text end 39.29     new text begin 2. An emergency rule shall become effective immediately upon adoption, provided new text end 39.30 new text begin that the usual rulemaking procedures provided hereunder shall be retroactively applied new text end 39.31 new text begin to said rule as soon as reasonably possible, but no later than 90 days after the effective new text end 39.32 new text begin date of the emergency rule. new text end 39.33     new text begin 3. An emergency rule shall be promulgated as provided for in the rules of the new text end 39.34 new text begin Interstate Commission. new text end 39.35 new text begin ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT new text end 39.36     new text begin A. Oversight new text end 40.1     new text begin 1. The Interstate Commission shall oversee the administration and operation of the new text end 40.2 new text begin compact. new text end 40.3     new text begin 2. The executive, legislative and judicial branches of state government in each new text end 40.4 new text begin member state shall enforce this compact and the rules of the Interstate Commission and new text end 40.5 new text begin shall take all actions necessary and appropriate to effectuate the compact's purposes and new text end 40.6 new text begin intent. The compact and its rules shall be binding in the compacting states to the extent new text end 40.7 new text begin and in the manner provided for in this compact. new text end 40.8     new text begin 3. All courts shall take judicial notice of the compact and the rules in any judicial new text end 40.9 new text begin or administrative proceeding in a member state pertaining to the subject matter of this new text end 40.10 new text begin compact. new text end 40.11     new text begin 4. The Interstate Commission shall be entitled to receive service of process in any new text end 40.12 new text begin action in which the validity of a compact provision or rule is the issue for which a judicial new text end 40.13 new text begin determination has been sought and shall have standing to intervene in any proceedings. new text end 40.14 new text begin Failure to provide service of process to the Interstate Commission shall render any new text end 40.15 new text begin judgment, order or other determination, however so captioned or classified, void as to the new text end 40.16 new text begin Interstate Commission, this compact, its bylaws or rules of the Interstate Commission. new text end 40.17     new text begin B. Dispute Resolution new text end 40.18     new text begin 1. The Interstate Commission shall attempt, upon the request of a member state, to new text end 40.19 new text begin resolve disputes which are subject to the compact and which may arise among member new text end 40.20 new text begin states and between member and non-member states. new text end 40.21     new text begin 2. The Interstate Commission shall promulgate a rule providing for both mediation new text end 40.22 new text begin and binding dispute resolution for disputes among compacting states. The costs of such new text end 40.23 new text begin mediation or dispute resolution shall be the responsibility of the parties to the dispute. new text end 40.24     new text begin C. Enforcement new text end 40.25     new text begin 1. If the Interstate Commission determines that a member state has defaulted in the new text end 40.26 new text begin performance of its obligations or responsibilities under this compact, its bylaws or rules, new text end 40.27 new text begin the Interstate Commission may: new text end 40.28     new text begin a. Provide remedial training and specific technical assistance; or new text end 40.29     new text begin b. Provide written notice to the defaulting state and other member states, of the new text end 40.30 new text begin nature of the default and the means of curing the default. The Interstate Commission shall new text end 40.31 new text begin specify the conditions by which the defaulting state must cure its default; or new text end 40.32     new text begin c. By majority vote of the members, initiate against a defaulting member state legal new text end 40.33 new text begin action in the United State District Court for the District of Columbia or, at the discretion new text end 40.34 new text begin of the Interstate Commission, in the federal district where the Interstate Commission has new text end 40.35 new text begin its principal office, to enforce compliance with the provisions of the compact, its bylaws new text end 40.36 new text begin or rules. The relief sought may include both injunctive relief and damages. In the event new text end 41.1 new text begin judicial enforcement is necessary the prevailing party shall be awarded all costs of such new text end 41.2 new text begin litigation including reasonable attorney's fees; or new text end 41.3     new text begin d. Avail itself of any other remedies available under state law or the regulation of new text end 41.4 new text begin official or professional conduct. new text end 41.5 new text begin ARTICLE XIII. FINANCING OF THE COMMISSION new text end 41.6     new text begin A. The Interstate Commission shall pay, or provide for the payment of the reasonable new text end 41.7 new text begin expenses of its establishment, organization and ongoing activities. new text end 41.8     new text begin B. The Interstate Commission may levy on and collect an annual assessment from new text end 41.9 new text begin each member state to cover the cost of the operations and activities of the Interstate new text end 41.10 new text begin Commission and its staff which must be in a total amount sufficient to cover the Interstate new text end 41.11 new text begin Commission's annual budget as approved by its members each year. The aggregate annual new text end 41.12 new text begin assessment amount shall be allocated based upon a formula to be determined by the new text end 41.13 new text begin Interstate Commission which shall promulgate a rule binding upon all member states. new text end 41.14     new text begin C. The Interstate Commission shall not incur obligations of any kind prior to securing new text end 41.15 new text begin the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit new text end 41.16 new text begin of any of the member states, except by and with the authority of the member state. new text end 41.17     new text begin D. The Interstate Commission shall keep accurate accounts of all receipts and new text end 41.18 new text begin disbursements. The receipts and disbursements of the Interstate Commission shall be new text end 41.19 new text begin subject to the audit and accounting procedures established under its bylaws. However, new text end 41.20 new text begin all receipts and disbursements of funds handled by the Interstate Commission shall be new text end 41.21 new text begin audited yearly by a certified or licensed public accountant and the report of the audit shall new text end 41.22 new text begin be included in and become part of the annual report of the Interstate Commission. new text end 41.23 new text begin ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT new text end 41.24     new text begin A. Any state is eligible to become a member state. new text end 41.25     new text begin B. The compact shall become effective and binding upon legislative enactment of new text end 41.26 new text begin the compact into law by no less than 35 states. The effective date shall be the later of July new text end 41.27 new text begin 1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall new text end 41.28 new text begin become effective and binding as to any other member state upon enactment of the compact new text end 41.29 new text begin into law by that state. The executive heads of the state human services administration new text end 41.30 new text begin with ultimate responsibility for the child welfare program of non-member states or their new text end 41.31 new text begin designees shall be invited to participate in the activities of the Interstate Commission on a new text end 41.32 new text begin non-voting basis prior to adoption of the compact by all states. new text end 41.33     new text begin C. The Interstate Commission may propose amendments to the compact for new text end 41.34 new text begin enactment by the member states. No amendment shall become effective and binding new text end 41.35 new text begin on the member states unless and until it is enacted into law by unanimous consent of new text end 41.36 new text begin the member states. new text end 42.1 new text begin ARTICLE XV. WITHDRAWAL AND DISSOLUTION new text end 42.2     new text begin A. Withdrawal new text end 42.3     new text begin 1. Once effective, the compact shall continue in force and remain binding upon each new text end 42.4 new text begin and every member state; provided that a member state may withdraw from the compact new text end 42.5 new text begin specifically repealing the statute which enacted the compact into law. new text end 42.6     new text begin 2. Withdrawal from this compact shall be by the enactment of a statute repealing new text end 42.7 new text begin the same. The effective date of withdrawal shall be the effective date of the repeal of new text end 42.8 new text begin the statute. new text end 42.9     new text begin 3. The withdrawing state shall immediately notify the president of the Interstate new text end 42.10 new text begin Commission in writing upon the introduction of legislation repealing this compact in the new text end 42.11 new text begin withdrawing state. The Interstate Commission shall then notify the other member states of new text end 42.12 new text begin the withdrawing state's intent to withdraw. new text end 42.13     new text begin 4. The withdrawing state is responsible for all assessments, obligations and liabilities new text end 42.14 new text begin incurred through the effective date of withdrawal. new text end 42.15     new text begin 5. Reinstatement following withdrawal of a member state shall occur upon the new text end 42.16 new text begin withdrawing state reenacting the compact or upon such later date as determined by the new text end 42.17 new text begin members of the Interstate Commission. new text end 42.18     new text begin B. Dissolution of Compact new text end 42.19     new text begin 1. This compact shall dissolve effective upon the date of the withdrawal or default new text end 42.20 new text begin of the member state which reduces the membership in the compact to one member state. new text end 42.21     new text begin 2. Upon the dissolution of this compact, the compact becomes null and void and shall new text end 42.22 new text begin be of no further force or effect, and the business and affairs of the Interstate Commission new text end 42.23 new text begin shall be concluded and surplus funds shall be distributed in accordance with the bylaws. new text end 42.24 new text begin ARTICLE XVI. SEVERABILITY AND CONSTRUCTION new text end 42.25     new text begin A. The provisions of this compact shall be severable, and if any phrase, clause, new text end 42.26 new text begin sentence or provision is deemed unenforceable, the remaining provisions of the compact new text end 42.27 new text begin shall be enforceable. new text end 42.28     new text begin B. The provisions of this compact shall be liberally construed to effectuate its new text end 42.29 new text begin purposes. new text end 42.30     new text begin C. Nothing in this compact shall be construed to prohibit the concurrent applicability new text end 42.31 new text begin of other interstate compacts to which the states are members. new text end 42.32 new text begin ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS new text end 42.33     new text begin A. Other Laws new text end 42.34     new text begin 1. Nothing herein prevents the enforcement of any other law of a member state new text end 42.35 new text begin that is not inconsistent with this compact. new text end 42.36     new text begin B. Binding Effect of the Compact new text end 43.1     new text begin 1. All lawful actions of the Interstate Commission, including all rules and bylaws new text end 43.2 new text begin promulgated by the Interstate Commission, are binding upon the member states. new text end 43.3     new text begin 2. All agreements between the Interstate Commission and the member states are new text end 43.4 new text begin binding in accordance with their terms. new text end 43.5     new text begin 3. In the event any provision of this compact exceeds the constitutional limits new text end 43.6 new text begin imposed on the legislature of any member state, such provision shall be ineffective to the new text end 43.7 new text begin extent of the conflict with the constitutional provision in question in that member state. new text end 43.8 new text begin ARTICLE XVIII. INDIAN TRIBES new text end 43.9     new text begin Notwithstanding any other provision in this compact, the Interstate Commission new text end 43.10 new text begin may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or new text end 43.11 new text begin all of the purposes of the compact as specified in Article I. The Interstate Commission new text end 43.12 new text begin shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to new text end 43.13 new text begin reflect the diverse circumstances of the various Indian tribes. new text end 43.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective upon legislative enactment of the new text end 43.15 new text begin compact into law by no less than 35 states. The commissioner of human services shall new text end 43.16 new text begin inform the Revisor of Statutes when this occurs. new text end 43.17    Sec. 35. Minnesota Statutes 2006, section 260C.001, subdivision 2, is amended to read: 43.18    Subd. 2. Child in need of protection services. new text begin (a) new text end The paramount consideration in 43.19all proceedings concerning a child alleged or found to be in need of protection or services 43.20is the health, safety, and best interests of the child. In proceedings involving an American 43.21Indian child, as defined in section 260.755, subdivision 8, the best interests of the child 43.22must be determined consistent with sections 260.751 to 260.835 and the Indian Child 43.23Welfare Act, United States Code, title 25, sections 1901 to 1923. 43.24     new text begin (b) new text end The purpose of the laws relating to juvenile courts is new text begin : new text end 43.25     new text begin (1) new text end to secure for each child alleged or adjudicated in need of protection or services 43.26and under the jurisdiction of the court, the care and guidance, preferably in the child's own 43.27home, as will best serve the spiritual, emotional, mental, and physical welfare of the child; 43.28     new text begin (2) new text end to provide judicial procedures which protect the welfare of the child; 43.29     new text begin (3) new text end to preserve and strengthen the child's family ties whenever possible and in the 43.30child's best interests, removing the child from the custody of parents only when the child's 43.31welfare or safety cannot be adequately safeguarded without removal; 43.32     new text begin (4) to ensure that when removal from the child's own family is necessary and in the new text end 43.33 new text begin child's best interests, the responsible social services agency has legal responsibility for new text end 43.34 new text begin the child removal either: new text end 44.1     new text begin (i) pursuant to a voluntary placement agreement between the child's parent or new text end 44.2 new text begin guardian and the responsible social services agency; or new text end 44.3     new text begin (ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or new text end 44.4 new text begin 260C.201; new text end 44.5     new text begin (5) to ensure that, when placement is pursuant to court order, the court order new text end 44.6 new text begin removing the child or continuing the child in foster care contains an individualized new text end 44.7 new text begin determination that placement is in the best interests of the child that coincides with the new text end 44.8 new text begin actual removal of the child; new text end and, when removal from the child's own family is necessary 44.9and in the child's best interests, 44.10     new text begin (6) new text end to secure for new text begin ensure that when the child is removed, new text end the child custody, new text begin child's new text end 44.11care and discipline new text begin is, new text end as nearly as possible new text begin , new text end equivalent to that which should have been 44.12given by the parents. new text begin and is either in: new text end 44.13     new text begin (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, new text end 44.14 new text begin subdivision 1, paragraph (a), clause (1); new text end 44.15     new text begin (ii) the home of a relative pursuant to emergency placement by the responsible social new text end 44.16 new text begin services agency under chapter 245A; or new text end 44.17     new text begin (iii) a foster home licensed under chapter 245A. new text end 44.18    Sec. 36. Minnesota Statutes 2006, section 260C.007, subdivision 5, is amended to read: 44.19    Subd. 5. Child abuse. "Child abuse" means an act that involves a minor victim 44.20and that constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, 44.21609.322 , 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, new text begin or new text end 44.22 new text begin that is physical or sexual abuse as defined in section 626.556, subdivision 2, new text end or an act 44.23committed in another state that involves a minor victim and would constitute a violation of 44.24one of these sections if committed in this state. 44.25    Sec. 37. Minnesota Statutes 2006, section 260C.007, subdivision 6, is amended to read: 44.26    Subd. 6. Child in need of protection or services. "Child in need of protection or 44.27services" means a child who is in need of protection or services because the child: 44.28    (1) is abandoned or without parent, guardian, or custodian; 44.29    (2)(i) has been a victim of physical or sexual abuse new text begin as defined in section 626.556, new text end 44.30 new text begin subdivision 2 new text end , (ii) resides with or has resided with a victim of new text begin child abuse as defined in new text end 44.31 new text begin subdivision 5 or new text end domestic child abuse as defined in subdivision 5 new text begin 13 new text end , (iii) resides with or 44.32would reside with a perpetrator of domestic child abuse new text begin as defined in subdivision 13 new text end or 44.33child abuse as defined in subdivision 5, or (iv) is a victim of emotional maltreatment as 44.34defined in subdivision 8; 45.1    (3) is without necessary food, clothing, shelter, education, or other required care 45.2for the child's physical or mental health or morals because the child's parent, guardian, 45.3or custodian is unable or unwilling to provide that care; 45.4    (4) is without the special care made necessary by a physical, mental, or emotional 45.5condition because the child's parent, guardian, or custodian is unable or unwilling to 45.6provide that care, including a child in voluntary placement due solely to the child's 45.7developmental disability or emotional disturbance; 45.8    (5) is medically neglected, which includes, but is not limited to, the withholding of 45.9medically indicated treatment from a disabled infant with a life-threatening condition. The 45.10term "withholding of medically indicated treatment" means the failure to respond to the 45.11infant's life-threatening conditions by providing treatment, including appropriate nutrition, 45.12hydration, and medication which, in the treating physician's or physicians' reasonable 45.13medical judgment, will be most likely to be effective in ameliorating or correcting all 45.14conditions, except that the term does not include the failure to provide treatment other 45.15than appropriate nutrition, hydration, or medication to an infant when, in the treating 45.16physician's or physicians' reasonable medical judgment: 45.17    (i) the infant is chronically and irreversibly comatose; 45.18    (ii) the provision of the treatment would merely prolong dying, not be effective in 45.19ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be 45.20futile in terms of the survival of the infant; or 45.21    (iii) the provision of the treatment would be virtually futile in terms of the survival 45.22of the infant and the treatment itself under the circumstances would be inhumane; 45.23    (6) is one whose parent, guardian, or other custodian for good cause desires to be 45.24relieved of the child's care and custody, including a child in placement according to new text begin who new text end 45.25 new text begin entered foster care under a new text end voluntary release by new text begin placement agreement between new text end the parent 45.26 new text begin and the responsible social services agency new text end under section 260C.212, subdivision 8; 45.27    (7) has been placed for adoption or care in violation of law; 45.28    (8) is without proper parental care because of the emotional, mental, or physical 45.29disability, or state of immaturity of the child's parent, guardian, or other custodian; 45.30    (9) is one whose behavior, condition, or environment is such as to be injurious or 45.31dangerous to the child or others. An injurious or dangerous environment may include, but 45.32is not limited to, the exposure of a child to criminal activity in the child's home; 45.33    (10) is experiencing growth delays, which may be referred to as failure to thrive, that 45.34have been diagnosed by a physician and are due to parental neglect; 45.35    (11) has engaged in prostitution as defined in section 609.321, subdivision 9; 46.1    (12) has committed a delinquent act or a juvenile petty offense before becoming 46.2ten years old; 46.3    (13) is a runaway; 46.4    (14) is a habitual truant; or 46.5    (15) has been found incompetent to proceed or has been found not guilty by reason 46.6of mental illness or mental deficiency in connection with a delinquency proceeding, a 46.7certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a 46.8proceeding involving a juvenile petty offense. 46.9    Sec. 38. Minnesota Statutes 2006, section 260C.007, subdivision 13, is amended to 46.10read: 46.11    Subd. 13. Domestic child abuse. "Domestic child abuse" means: 46.12    (1) any physical injury to a minor family or household member inflicted by an adult 46.13family or household member other than by accidental means; or 46.14    (2) subjection of a minor family or household member by an adult family or 46.15household member to any act which constitutes a violation of sections 609.321 to 609.324, 46.16609.342 , 609.343, 609.344, 609.345, or 617.246. new text begin ; or new text end 46.17     new text begin (3) physical or sexual abuse as defined in section 626.556, subdivision 2. new text end 46.18    Sec. 39. Minnesota Statutes 2006, section 260C.101, subdivision 2, is amended to read: 46.19    Subd. 2. Jurisdiction over other matters relating to children. Except as provided 46.20in clause (d), the juvenile court has original and exclusive jurisdiction in proceedings 46.21concerning: 46.22    (a) The termination of parental rights to a child in accordance with the provisions of 46.23sections 260C.301 to 260C.328. 46.24    (b) The appointment and removal of a juvenile court guardian for a child, where 46.25parental rights have been terminated under the provisions of sections 260C.301 to 46.26260C.328 . 46.27    (c) Judicial consent to the marriage of a child when required by law. 46.28    (d) The juvenile court in those counties in which the judge of the probate-juvenile 46.29court has been admitted to the practice of law in this state shall proceed under the laws 46.30relating to adoptions in all adoption matters. In those counties in which the judge of the 46.31probate-juvenile court has not been admitted to the practice of law in this state the district 46.32court shall proceed under the laws relating to adoptions in all adoption matters. 46.33    (e) The review of the foster care status new text begin placement new text end of a child who has been placed new text begin is new text end 46.34in a residential facility, as defined in section 260C.212, subdivision 1, new text begin foster care new text end pursuant 47.1to a voluntary release by new text begin placement agreement between new text end the child's parent or parents new text begin and new text end 47.2 new text begin the responsible social services agency under section 260C.212, subdivision 8. new text end 47.3     new text begin (f) The review of voluntary foster care placement of a child for treatment under new text end 47.4 new text begin chapter 260D according to the review requirements of that chapter new text end . 47.5    Sec. 40. Minnesota Statutes 2006, section 260C.141, subdivision 2, is amended to read: 47.6    Subd. 2. Review of foster care status. Except for a child in foster care due 47.7solely to the child's developmental disability or emotional disturbance, When a child 47.8continues in voluntary placement new text begin foster care new text end according to section 260C.212, subdivision 47.98 , a petition shall be filed alleging the child to be in need of protection or services or 47.10seeking termination of parental rights or other permanent placement of the child away 47.11from the parent within 90 days of the date of the voluntary placement agreement. The 47.12petition shall state the reasons why the child is in placement new text begin foster care new text end , the progress on 47.13the out-of-home placement plan required under section 260C.212, subdivision 1, and 47.14the statutory basis for the petition under section 260C.007, subdivision 6, 260C.201, 47.15subdivision 11 , or 260C.301. 47.16    (1) In the case of a petition alleging the child to be in need of protection or services 47.17filed under this paragraph, if all parties agree and the court finds it is in the best interests of 47.18the child, the court may find the petition states a prima facie case that: 47.19    (i) the child's needs are being met; 47.20    (ii) the placement of the child in foster care is in the best interests of the child; 47.21    (iii) reasonable efforts to reunify the child and the parent or guardian are being 47.22made; and 47.23    (iv) the child will be returned home in the next three months. 47.24    (2) If the court makes findings under paragraph (1), the court shall approve the 47.25voluntary arrangement and continue the matter for up to three more months to ensure the 47.26child returns to the parents' home. The responsible social services agency shall: 47.27    (i) report to the court when the child returns home and the progress made by the 47.28parent on the out-of-home placement plan required under section 260C.212, in which 47.29case the court shall dismiss jurisdiction; 47.30    (ii) report to the court that the child has not returned home, in which case the matter 47.31shall be returned to the court for further proceedings under section 260C.163; or 47.32    (iii) if any party does not agree to continue the matter under this paragraph and 47.33paragraph (1), the matter shall proceed under section 260C.163. 48.1    Sec. 41. Minnesota Statutes 2007 Supplement, section 260C.163, subdivision 1, 48.2is amended to read: 48.3    Subdivision 1. General. (a) Except for hearings arising under section 260C.425, 48.4hearings on any matter shall be without a jury and may be conducted in an informal 48.5manner. In all adjudicatory proceedings involving a child alleged to be in need of 48.6protection or services, the court shall admit only evidence that would be admissible in a 48.7civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of 48.8protection or services must be proved by clear and convincing evidence. 48.9    (b) Except for proceedings involving a child alleged to be in need of protection or 48.10services and petitions for the termination of parental rights, hearings may be continued or 48.11adjourned from time to time. In proceedings involving a child alleged to be in need of 48.12protection or services and petitions for the termination of parental rights, hearings may not 48.13be continued or adjourned for more than one week unless the court makes specific findings 48.14that the continuance or adjournment is in the best interests of the child. If a hearing is held 48.15on a petition involving physical or sexual abuse of a child who is alleged to be in need of 48.16protection or services or neglected and in foster care, the court shall file the decision with 48.17the court administrator as soon as possible but no later than 15 days after the matter is 48.18submitted to the court. When a continuance or adjournment is ordered in any proceeding, 48.19the court may make any interim orders as it deems in the best interests of the minor in 48.20accordance with the provisions of sections 260C.001 to 260C.421. 48.21    (c) Except as otherwise provided in this paragraph, the court shall exclude the 48.22general public from hearings under this chapter and shall admit only those persons who, 48.23in the discretion of the court, have a direct interest in the case or in the work of the 48.24court. new text begin Absent exceptional circumstances, hearings under this chapter are presumed to be new text end 48.25 new text begin accessible to the public, however the court may close any hearing and the records related new text end 48.26 new text begin to any matter as provided in the Minnesota Rules of Juvenile Protection Procedure. new text end 48.27    (d) Adoption hearings shall be conducted in accordance with the provisions of 48.28laws relating to adoptions. 48.29    (e) In any permanency hearing, including the transition of a child from foster care 48.30to independent living, the court shall ensure that any consult with the child is in an 48.31age-appropriate manner. 48.32    Sec. 42. Minnesota Statutes 2006, section 260C.171, subdivision 2, is amended to read: 48.33    Subd. 2. Public inspection of records. (a) The following records from proceedings 48.34or portions of proceedings involving a child in need of protection or services that new text begin , new text end 48.35 new text begin permanency, or terminational of parental rights new text end are open new text begin accessible new text end to the public as 49.1authorized by Supreme Court order and court rules are accessible to the public unless the 49.2court determines that access should be restricted because of the intensely personal nature 49.3of the information: new text begin the Minnesota Rules of Juvenile Protection Procedure. new text end 49.4    (1) the summons and petition; 49.5    (2) affidavits of publication and service; 49.6    (3) certificates of representation; 49.7    (4) court orders; 49.8    (5) hearing and trial notices, witness lists, and subpoenas; 49.9    (6) motions and legal memoranda; 49.10    (7) exhibits introduced at hearings or trial that are not inaccessible under paragraph 49.11(b); 49.12    (8) birth records; and 49.13    (9) all other documents not listed as inaccessible to the public under paragraph (b). 49.14    (b) The following records are not accessible to the public under paragraph (a): 49.15    (1) written, audiotaped, or videotaped information from the social services agency, 49.16except to the extent the information appears in the petition, court orders, or other 49.17documents that are accessible under paragraph (a); 49.18    (2) child protection intake or screening notes; 49.19    (3) documents identifying reporters of maltreatment, unless the names and other 49.20identifying information are redacted; 49.21    (4) guardian ad litem reports; 49.22    (5) victim statements and addresses and telephone numbers; 49.23    (6) documents identifying nonparty witnesses under the age of 18, unless the names 49.24and other identifying information are redacted; 49.25    (7) transcripts of testimony taken during closed hearing; 49.26    (8) fingerprinting materials; 49.27    (9) psychological, psychiatric, and chemical dependency evaluations; 49.28    (10) presentence evaluations of juveniles and probation reports; 49.29    (11) medical records and test results; 49.30    (12) reports issued by sexual predator programs; 49.31    (13) diversion records of juveniles; 49.32    (14) any document which the court, upon its own motion or upon motion of a party, 49.33orders inaccessible to serve the best interests of the child; and 49.34    (15) any other records that are not accessible to the public under rules developed 49.35by the courts. 50.1    In addition, records that are accessible to the public under paragraph (a) become 50.2inaccessible to the public if one year has elapsed since either the proceeding was dismissed 50.3or the court's jurisdiction over the matter was terminated. 50.4    (c) Except as otherwise provided by this section, none of the records of the juvenile 50.5court and new text begin (b) new text end None of the records relating to an appeal from a nonpublic juvenile court 50.6proceeding, except the written appellate opinion, shall be open to public inspection or their 50.7contents disclosed except by order of a court. 50.8    (d) new text begin (c) new text end The records of juvenile probation officers are records of the court for the 50.9purposes of this subdivision. This subdivision applies to all proceedings under this 50.10chapter, including appeals from orders of the juvenile court. The court shall maintain the 50.11confidentiality of adoption files and records in accordance with the provisions of laws 50.12relating to adoptions. In juvenile court proceedings any report or social history furnished 50.13to the court shall be open to inspection by the attorneys of record and the guardian ad litem 50.14a reasonable time before it is used in connection with any proceeding before the court. 50.15    (e) When a judge of a juvenile court, or duly authorized agent of the court, 50.16determines under a proceeding under this chapter that a child has violated a state or local 50.17law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets 50.18and highways, except parking violations, the judge or agent shall immediately report 50.19the violation to the commissioner of public safety. The report must be made on a form 50.20provided by the Department of Public Safety and must contain the information required 50.21under section . 50.22    Sec. 43. Minnesota Statutes 2006, section 260C.178, subdivision 1, is amended to read: 50.23    Subdivision 1. Hearing and release requirements. (a) If a child was taken into 50.24custody under section 260C.175, subdivision 1, clause (a) or (b)(2), the court shall hold a 50.25hearing within 72 hours of the time the child was taken into custody, excluding Saturdays, 50.26Sundays, and holidays, to determine whether the child should continue in custody. 50.27    (b) Unless there is reason to believe that the child would endanger self or others, 50.28not return for a court hearing, run away from the child's parent, guardian, or custodian 50.29or otherwise not remain in the care or control of the person to whose lawful custody the 50.30child is released, or that the child's health or welfare would be immediately endangered, 50.31the child shall be released to the custody of a parent, guardian, custodian, or other 50.32suitable person, subject to reasonable conditions of release including, but not limited to, 50.33a requirement that the child undergo a chemical use assessment as provided in section 50.34260C.157, subdivision 1 . 51.1     new text begin (c) new text end If the court determines there is reason to believe that the child would endanger 51.2self or others; not return for a court hearing; run away from the child's parent, guardian, or 51.3custodian or otherwise not remain in the care or control of the person to whose lawful 51.4custody the child is released; or that the child's health or welfare would be immediately 51.5endangered new text begin if returned to the care of the parent or guardian who has custody and from new text end 51.6 new text begin whom the child was removed new text end , the court shall order the child into foster care under the 51.7 new text begin legal new text end responsibility of the responsible social services agency or responsible probation or 51.8corrections agency for the purposes of protective care as that term is used in the juvenile 51.9court rules. new text begin or into the home of a noncustodial parent and order the noncustodial parent new text end 51.10 new text begin to comply with any conditions the court determines to be appropriate to the safety and new text end 51.11 new text begin care of the child, including cooperating with paternity establishment proceedings in the new text end 51.12 new text begin case of a man who has not been adjudicated the child's father. The court shall not give new text end 51.13 new text begin the responsible social services legal custody and order a trial home visit at any time prior new text end 51.14 new text begin to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a), new text end 51.15 new text begin clause (3), but may order the child returned to the care of the parent or guardian who new text end 51.16 new text begin has custody and from whom the child was removed and order the parent or guardian to new text end 51.17 new text begin comply with any conditions the court determines to be appropriate to meet the safety, new text end 51.18 new text begin health, and welfare of the child. new text end 51.19     new text begin (d) new text end In determining whether the child's health or welfare would be immediately 51.20endangered, the court shall consider whether the child would reside with a perpetrator 51.21of domestic child abuse. 51.22    (c) new text begin (e) new text end The court, before determining whether a child should be placed in or continue 51.23in foster care under the protective care of the responsible agency, shall also make a 51.24determination, consistent with section 260.012 as to whether reasonable efforts were made 51.25to prevent placement or whether reasonable efforts to prevent placement are not required. 51.26In the case of an Indian child, the court shall determine whether active efforts, according 51.27to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), 51.28were made to prevent placement. The court shall enter a finding that the responsible 51.29social services agency has made reasonable efforts to prevent placement when the agency 51.30establishes either: 51.31    (1) that it has actually provided services or made efforts in an attempt to prevent 51.32the child's removal but that such services or efforts have not proven sufficient to permit 51.33the child to safely remain in the home; or 51.34    (2) that there are no services or other efforts that could be made at the time of the 51.35hearing that could safely permit the child to remain home or to return home. When 51.36reasonable efforts to prevent placement are required and there are services or other efforts 52.1that could be ordered which would permit the child to safely return home, the court shall 52.2order the child returned to the care of the parent or guardian and the services or efforts put 52.3in place to ensure the child's safety. When the court makes a prima facie determination 52.4that one of the circumstances under paragraph (e) new text begin (g) new text end exists, the court shall determine that 52.5reasonable efforts to prevent placement and to return the child to the care of the parent or 52.6guardian are not required. 52.7    If the court finds the social services agency's preventive or reunification efforts 52.8have not been reasonable but further preventive or reunification efforts could not permit 52.9the child to safely remain at home, the court may nevertheless authorize or continue 52.10the removal of the child. 52.11    (d) new text begin (f) new text end The court may not order or continue the foster care placement of the child 52.12unless the court makes explicit, individualized findings that continued custody of the child 52.13by the parent or guardian would be contrary to the welfare of the child new text begin and that placement new text end 52.14 new text begin is in the best interest of the child new text end . 52.15    (e) new text begin (g) new text end At the emergency removal hearing, or at any time during the course of the 52.16proceeding, and upon notice and request of the county attorney, the court shall determine 52.17whether a petition has been filed stating a prima facie case that: 52.18    (1) the parent has subjected a child to egregious harm as defined in section 52.19260C.007, subdivision 14 ; 52.20    (2) the parental rights of the parent to another child have been involuntarily 52.21terminated; 52.22    (3) the child is an abandoned infant under section 260C.301, subdivision 2, 52.23paragraph (a), clause (2); 52.24    (4) the parents' custodial rights to another child have been involuntarily transferred 52.25to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar 52.26law of another jurisdiction; or 52.27    (5) the provision of services or further services for the purpose of reunification is 52.28futile and therefore unreasonable. 52.29    (f) new text begin (h) new text end When a petition to terminate parental rights is required under section 52.30260C.301, subdivision 3 or 4, but the county attorney has determined not to proceed 52.31with a termination of parental rights petition, and has instead filed a petition to transfer 52.32permanent legal and physical custody to a relative under section 260C.201, subdivision 11, 52.33the court shall schedule a permanency hearing within 30 days of the filing of the petition. 52.34    (g) new text begin (i) new text end If the county attorney has filed a petition under section 260C.307, the court 52.35shall schedule a trial under section 260C.163 within 90 days of the filing of the petition 53.1except when the county attorney determines that the criminal case shall proceed to trial 53.2first under section 260C.201, subdivision 3. 53.3    (h) new text begin (j) new text end If the court determines the child should be ordered into foster care and 53.4the child's parent refuses to give information to the responsible social services agency 53.5regarding the child's father or relatives of the child, the court may order the parent to 53.6disclose the names, addresses, telephone numbers, and other identifying information to the 53.7responsible social services agency for the purpose of complying with the requirements of 53.8sections 260C.151, 260C.212, and 260C.215. 53.9    (i) new text begin (k) new text end If a child ordered into foster care has siblings, whether full, half, or step, who 53.10are also ordered into foster care, the court shall inquire of the responsible social services 53.11agency of the efforts to place the children together as required by section 260C.212, 53.12subdivision 2 , paragraph (d), if placement together is in each child's best interests, unless a 53.13child is in placement due solely to the child's own behavior or a child is placed with 53.14a previously noncustodial parent who is not parent to all siblings. If the children are 53.15not placed together at the time of the hearing, the court shall inquire at each subsequent 53.16hearing of the agency's efforts to place the siblings together. If any sibling is not placed 53.17with another sibling or siblings, the agency must develop a plan for visitation among the 53.18siblings as required under section 260C.212, subdivision 1. 53.19    Sec. 44. Minnesota Statutes 2006, section 260C.205, is amended to read: 53.20260C.205 DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS new text begin new text end 53.21 new text begin FOR TREATMENT new text end . 53.22    Unless the court disposes of the petition under section 260C.141, subdivision 2, 53.23Upon a petition for review of the foster care status of a new text begin by a parent or guardian under new text end 53.24 new text begin section 260C.141, subdivision 1, paragraph (b), regarding a new text end child new text begin in voluntary foster care new text end 53.25 new text begin for treatment under chapter 260D new text end , the court may: 53.26    (a) find that the child's needs are not being met, in which case the court shall order 53.27the social services agency or the parents to take whatever action is necessary and feasible 53.28to meet the child's needs, including, when appropriate, the provision by the social services 53.29agency of services to the parents which would enable the child to live at home, and order a 53.30disposition under section . 53.31    (b) Find that the child has been abandoned by parents financially or emotionally, or 53.32that the developmentally disabled child does not require out-of-home care because of the 53.33disabling condition, in which case the court shall order the social services agency to file an 53.34appropriate petition pursuant to section 260C.141, subdivision 1, or . 54.1    (c) When a child is in placement due solely to the child's developmental disability or 54.2emotional disturbance and the court finds that there are compelling reasons which permit 54.3the court to approve the continued voluntary placement of the child and retain jurisdiction 54.4to conduct reviews as required under section 260C.141, subdivision 2, the court shall give 54.5the parent notice by registered United States mail of the review requirements of section 54.6260C.141, subdivision 2, in the event the child continues in placement 12 months or longer. 54.7    Nothing in this section shall be construed to prohibit bringing a petition pursuant 54.8to section 260C.141, subdivision 1 or 4, sooner than required by court order pursuant 54.9to this section. 54.10    Sec. 45. Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 1, 54.11is amended to read: 54.12    Subdivision 1. Subjects. The responsible social services agency must initiate a 54.13background study to be completed by the commissioner under chapter 245C new text begin may have new text end 54.14 new text begin access to the criminal history and history of child and adult maltreatment new text end on the following 54.15individuals: 54.16    (1) a noncustodial parent or nonadjudicated parent who is being assessed for 54.17purposes of providing day-to-day care of a child temporarily or permanently under section 54.18260C.212, subdivision 4 , and any member of the parent's household who is over the age of 54.1913 when there is a reasonable cause to believe that the parent or household member over 54.20age 13 has a criminal history or a history of maltreatment of a child or vulnerable adult 54.21which would endanger the child's health, safety, or welfare; 54.22    (2) an individual whose suitability for relative placement under section 260C.212, 54.23subdivision 5 , is being determined and any member of the relative's household who is 54.24over the age of 13 when: 54.25    (i) the relative must be licensed for foster care; or 54.26    (ii) the background study is required under section 259.53, subdivision 2; or 54.27    (iii) the agency or the commissioner has reasonable cause to believe the relative 54.28or household member over the age of 13 has a criminal history which would not make 54.29transfer of permanent legal and physical custody to the relative under section 260C.201, 54.30subdivision 11 , in the child's best interest; and 54.31    (3) a parent, following an out-of-home placement, when the responsible social 54.32services agency has reasonable cause to believe that the parent has been convicted of a 54.33crime directly related to the parent's capacity to maintain the child's health, safety, or 54.34welfare or the parent is the subject of an open investigation of, or has been the subject 55.1of a substantiated allegation of, child or vulnerable-adult maltreatment within the past 55.2ten years. 55.3"Reasonable cause" means that the agency has received information or a report from the 55.4subject or a third person that creates an articulable suspicion that the individual has a 55.5history that may pose a risk to the health, safety, or welfare of the child. The information 55.6or report must be specific to the potential subject of the background check and shall not 55.7be based on the race, religion, ethnic background, age, class, or lifestyle of the potential 55.8subject. 55.9    Sec. 46. Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 2, 55.10is amended to read: 55.11    Subd. 2. General procedures. (a) When initiating a background check new text begin accessing new text end 55.12 new text begin information new text end under subdivision 1, the agency shall require the individual being assessed 55.13to provide sufficient information to ensure an accurate assessment under this section, 55.14including: 55.15    (1) the individual's first, middle, and last name and all other names by which the 55.16individual has been known; 55.17    (2) home address, zip code, city, county, and state of residence for the past five years; 55.18    (3) sex; 55.19    (4) date of birth; and 55.20    (5) driver's license number or state identification number. 55.21    (b) When notified by the commissioner or the responsible social services agency that 55.22it is conducting an assessment under this section new text begin accessing information under subdivision new text end 55.23 new text begin 1 new text end , the Bureau of Criminal Apprehension, commissioners of health and human services, 55.24law enforcement, and county agencies must provide the commissioner or the responsible 55.25social services agency or county attorney with the following information on the individual 55.26being assessed: criminal history data, new text begin local law enforcement data about the household, new text end 55.27reports about the maltreatment of adults substantiated under section 626.557, and reports 55.28of maltreatment of minors substantiated under section 626.556. 55.29    Sec. 47. Minnesota Statutes 2007 Supplement, section 260C.209, is amended by 55.30adding a subdivision to read: 55.31     new text begin Subd. 5. new text end new text begin Assessment for emergency relative placement. new text end new text begin The responsible social new text end 55.32 new text begin services agency may obtain household members' criminal history and the history of new text end 55.33 new text begin maltreatment of a child or adult and use the history to assess whether putting the child new text end 55.34 new text begin in the household would endanger the child's health, safety, or welfare and to assess the new text end 56.1 new text begin suitability of a relative prior to an emergency placement. This assessment does not new text end 56.2 new text begin substitute for the background study required under chapter 245C and does not supersede new text end 56.3 new text begin requirements related to emergency placement under section 245A.035. new text end 56.4    Sec. 48. Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 1, 56.5is amended to read: 56.6    Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan 56.7shall be prepared within 30 days after any child is placed in a residential facility new text begin foster new text end 56.8 new text begin care new text end by court order or by the new text begin a new text end voluntary release of the child by new text begin placement agreement new text end 56.9 new text begin between the responsible social services agency and new text end the new text begin child's new text end parent or parents new text begin pursuant new text end 56.10 new text begin to subdivision 8 or chapter 260D new text end . 56.11    For purposes of this section, a residential facility means any group home, family 56.12foster home or other publicly supported out-of-home residential facility, including any 56.13out-of-home residential facility under contract with the state, county or other political 56.14subdivision, or any agency thereof, to provide those services or foster care as defined in 56.15section 260C.007, subdivision 18. 56.16    (b) An out-of-home placement plan means a written document which is prepared by 56.17the responsible social services agency jointly with the parent or parents or guardian of the 56.18child and in consultation with the child's guardian ad litem, the child's tribe, if the child is 56.19an Indian child, the child's foster parent or representative of the residential facility, and, 56.20where appropriate, the child. For a child in placement due solely or in part to the child's 56.21emotional disturbance new text begin voluntary foster care for treatment under chapter 260D new text end , preparation 56.22of the out-of-home placement plan shall additionally include the child's mental health 56.23treatment provider. As appropriate, the plan shall be: 56.24    (1) submitted to the court for approval under section 260C.178, subdivision 7; 56.25    (2) ordered by the court, either as presented or modified after hearing, under section 56.26260C.178, subdivision 7 , or 260C.201, subdivision 6; and 56.27    (3) signed by the parent or parents or guardian of the child, the child's guardian ad 56.28litem, a representative of the child's tribe, the responsible social services agency, and, if 56.29possible, the child. 56.30    (c) The out-of-home placement plan shall be explained to all persons involved in its 56.31implementation, including the child who has signed the plan, and shall set forth: 56.32    (1) a description of the residential facility including how the out-of-home placement 56.33plan is designed to achieve a safe placement for the child in the least restrictive, most 56.34family-like, setting available which is in close proximity to the home of the parent or 56.35parents or guardian of the child when the case plan goal is reunification, and how the 57.1placement is consistent with the best interests and special needs of the child according to 57.2the factors under subdivision 2, paragraph (b); 57.3    (2) the specific reasons for the placement of the child in a residential facility, and 57.4when reunification is the plan, a description of the problems or conditions in the home of 57.5the parent or parents which necessitated removal of the child from home and the changes 57.6the parent or parents must make in order for the child to safely return home; 57.7    (3) a description of the services offered and provided to prevent removal of the child 57.8from the home and to reunify the family including: 57.9    (i) the specific actions to be taken by the parent or parents of the child to eliminate 57.10or correct the problems or conditions identified in clause (2), and the time period during 57.11which the actions are to be taken; and 57.12    (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made 57.13to achieve a safe and stable home for the child including social and other supportive 57.14services to be provided or offered to the parent or parents or guardian of the child, the 57.15child, and the residential facility during the period the child is in the residential facility; 57.16    (4) a description of any services or resources that were requested by the child or the 57.17child's parent, guardian, foster parent, or custodian since the date of the child's placement 57.18in the residential facility, and whether those services or resources were provided and if 57.19not, the basis for the denial of the services or resources; 57.20    (5) the visitation plan for the parent or parents or guardian, other relatives as defined 57.21in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed 57.22together in the residential new text begin foster care new text end facility, and whether visitation is consistent with the 57.23best interest of the child, during the period the child is in the residential facility new text begin foster care new text end ; 57.24    (6) documentation of steps to finalize the adoption or legal guardianship of the child 57.25if the court has issued an order terminating the rights of both parents of the child or of the 57.26only known, living parent of the child. At a minimum, the documentation must include 57.27child-specific recruitment efforts such as relative search and the use of state, regional, and 57.28national adoption exchanges to facilitate orderly and timely placements in and outside 57.29of the state. A copy of this documentation shall be provided to the court in the review 57.30required under section 260C.317, subdivision 3, paragraph (b); 57.31    (7) the health and educational records of the child including the most recent 57.32information available regarding: 57.33    (i) the names and addresses of the child's health and educational providers; 57.34    (ii) the child's grade level performance; 57.35    (iii) the child's school record; 58.1    (iv) assurances that the child's placement in foster care takes into account proximity 58.2to the school in which the child is enrolled at the time of placement; 58.3    (v) a record of the child's immunizations; 58.4    (vi) the child's known medical problems, including any known communicable 58.5diseases, as defined in section 144.4172, subdivision 2; 58.6    (vii) the child's medications; and 58.7    (viii) any other relevant health and education information; 58.8    (8) an independent living plan for a child age 16 or older who is in placement as 58.9a result of a permanency disposition. The plan should include, but not be limited to, 58.10the following objectives: 58.11    (i) educational, vocational, or employment planning; 58.12    (ii) health care planning and medical coverage; 58.13    (iii) transportation including, where appropriate, assisting the child in obtaining a 58.14driver's license; 58.15    (iv) money management; 58.16    (v) planning for housing; 58.17    (vi) social and recreational skills; and 58.18    (vii) establishing and maintaining connections with the child's family and 58.19community; and 58.20    (9) for a child in placement due solely or in part to the child's emotional disturbance new text begin new text end 58.21 new text begin voluntary foster care for treatment under chapter 260D new text end , diagnostic and assessment 58.22information, specific services relating to meeting the mental health care needs of the 58.23child, and treatment outcomes. 58.24    (d) The parent or parents or guardian and the child each shall have the right to legal 58.25counsel in the preparation of the case plan and shall be informed of the right at the time 58.26of placement of the child. The child shall also have the right to a guardian ad litem. 58.27If unable to employ counsel from their own resources, the court shall appoint counsel 58.28upon the request of the parent or parents or the child or the child's legal guardian. The 58.29parent or parents may also receive assistance from any person or social services agency 58.30in preparation of the case plan. 58.31    After the plan has been agreed upon by the parties involved or approved or ordered 58.32by the court, the foster parents shall be fully informed of the provisions of the case plan 58.33and shall be provided a copy of the plan. 58.34    Upon discharge from foster care, the parent, adoptive parent, or permanent legal and 58.35physical custodian, as appropriate, and the child, if appropriate, must be provided with 58.36a current copy of the child's health and education record. 59.1    Sec. 49. Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 4, 59.2is amended to read: 59.3    Subd. 4. Responsible social service agency's duties for children in placement. 59.4    (a) When a child is in placement new text begin foster care new text end , the responsible social services agency shall 59.5make diligent efforts to identify, locate, and, where appropriate, offer services to both 59.6parents of the child. 59.7    (1) The responsible social services agency shall assess whether a noncustodial or 59.8nonadjudicated parent is willing and capable of providing for the day-to-day care of the 59.9child temporarily or permanently. An assessment under this clause may include, but 59.10is not limited to, obtaining information under section 260C.209. If after assessment, 59.11the responsible social services agency determines that a noncustodial or nonadjudicated 59.12parent is willing and capable of providing day-to-day care of the child, the responsible 59.13social services agency may seek authority from the custodial parent or the court to have 59.14that parent assume day-to-day care of the child. If a parent is not an adjudicated parent, 59.15the responsible social services agency shall require the nonadjudicated parent to cooperate 59.16with paternity establishment procedures as part of the case plan. 59.17    (2) If, after assessment, the responsible social services agency determines that the 59.18child cannot be in the day-to-day care of either parent, the agency shall: 59.19    (i) prepare an out-of-home placement plan addressing the conditions that each parent 59.20must meet before the child can be in that parent's day-to-day care; and 59.21    (ii) provide a parent who is the subject of a background study under section 59.22260C.209 15 days' notice that it intends to use the study to recommend against putting the 59.23child with that parent, as well as the notice provided in section 260C.209, subdivision 4, 59.24and the court shall afford the parent an opportunity to be heard concerning the study. 59.25    The results of a background study of a noncustodial parent shall not be used by the 59.26agency to determine that the parent is incapable of providing day-to-day care of the child 59.27unless the agency reasonably believes that placement of the child into the home of that 59.28parent would endanger the child's health, safety, or welfare. 59.29    (3) If, after the provision of services following an out-of-home placement plan under 59.30this section, the child cannot return to the care of the parent from whom the child was 59.31removed or who had legal custody at the time the child was placed in foster care, the 59.32agency may petition on behalf of a noncustodial parent to establish legal custody with 59.33that parent under section 260C.201, subdivision 11. If paternity has not already been 59.34established, it may be established in the same proceeding in the manner provided for 59.35under chapter 257. 60.1    (4) The responsible social services agency may be relieved of the requirement to 60.2locate and offer services to both parents by the juvenile court upon a finding of good cause 60.3after the filing of a petition under section 260C.141. 60.4    (b) The responsible social services agency shall give notice to the parent or parents 60.5or guardian of each child in a residential facility new text begin foster care new text end , other than a child in placement 60.6due solely to that child's developmental disability or emotional disturbance new text begin voluntary new text end 60.7 new text begin foster care for treatment under chapter 260D new text end , of the following information: 60.8    (1) that residential care of the child new text begin child's placement in foster care new text end may result in 60.9termination of parental rights or an order permanently placing the child out of the custody 60.10of the parent, but only after notice and a hearing as required under chapter 260C and 60.11the juvenile court rules; 60.12    (2) time limits on the length of placement and of reunification services, including 60.13the date on which the child is expected to be returned to and safely maintained in the 60.14home of the parent or parents or placed for adoption or otherwise permanently removed 60.15from the care of the parent by court order; 60.16    (3) the nature of the services available to the parent; 60.17    (4) the consequences to the parent and the child if the parent fails or is unable to use 60.18services to correct the circumstances that led to the child's placement; 60.19    (5) the first consideration for placement with relatives; 60.20    (6) the benefit to the child in getting the child out of residential new text begin foster new text end care as soon 60.21as possible, preferably by returning the child home, but if that is not possible, through a 60.22permanent legal placement of the child away from the parent; 60.23    (7) when safe for the child, the benefits to the child and the parent of maintaining 60.24visitation with the child as soon as possible in the course of the case and, in any event, 60.25according to the visitation plan under this section; and 60.26    (8) the financial responsibilities and obligations, if any, of the parent or parents for 60.27the support of the child during the period the child is in the residential facility new text begin foster care new text end . 60.28    (c) The responsible social services agency shall inform a parent considering 60.29voluntary placement of a child who is not developmentally disabled or emotionally 60.30disturbed new text begin under subdivision 8 new text end of the following information: 60.31    (1) the parent and the child each has a right to separate legal counsel before signing a 60.32voluntary placement agreement, but not to counsel appointed at public expense; 60.33    (2) the parent is not required to agree to the voluntary placement, and a parent 60.34who enters a voluntary placement agreement may at any time request that the agency 60.35return the child. If the parent so requests, the child must be returned within 24 hours of 60.36the receipt of the request; 61.1    (3) evidence gathered during the time the child is voluntarily placed may be used 61.2at a later time as the basis for a petition alleging that the child is in need of protection 61.3or services or as the basis for a petition seeking termination of parental rights or other 61.4permanent placement of the child away from the parent; 61.5    (4) if the responsible social services agency files a petition alleging that the child is 61.6in need of protection or services or a petition seeking the termination of parental rights 61.7or other permanent placement of the child away from the parent, the parent would have 61.8the right to appointment of separate legal counsel and the child would have a right to the 61.9appointment of counsel and a guardian ad litem as provided by law, and that counsel will 61.10be appointed at public expense if they are unable to afford counsel; and 61.11    (5) the timelines and procedures for review of voluntary placements under 61.12subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a 61.13permanent placement determination hearing under section 260C.201, subdivision 11. 61.14    (d) When an agency accepts a child for placement, the agency shall determine 61.15whether the child has had a physical examination by or under the direction of a licensed 61.16physician within the 12 months immediately preceding the date when the child came into 61.17the agency's care. If there is documentation that the child has had an examination within 61.18the last 12 months, the agency is responsible for seeing that the child has another physical 61.19examination within one year of the documented examination and annually in subsequent 61.20years. If the agency determines that the child has not had a physical examination within 61.21the 12 months immediately preceding placement, the agency shall ensure that the child 61.22has an examination within 30 days of coming into the agency's care and once a year 61.23in subsequent years. 61.24    (e) new text begin Whether under state guardianship or not, new text end if a child leaves foster care by reason 61.25of having attained the age of majority under state law, the child must be given at no cost 61.26a copy of the child's health new text begin social and medical history, as defined in section 259.43, new text end and 61.27education report. 61.28    Sec. 50. Minnesota Statutes 2006, section 260C.212, is amended by adding a 61.29subdivision to read: 61.30     new text begin Subd. 4a. new text end new text begin Monthly caseworker visits with children in foster care. new text end new text begin (a) Every new text end 61.31 new text begin child in foster care or on a trial home visit shall be visited by the child's caseworker on new text end 61.32 new text begin a monthly basis, with the majority of visits occurring in the child's residence. For the new text end 61.33 new text begin purposes of this section, the following definitions apply: new text end 61.34     new text begin (1) "visit" is defined as a face-to-face contact between a child and the child's new text end 61.35 new text begin caseworker; new text end 62.1     new text begin (2) "visited on a monthly basis" is defined as at least one visit per calendar month; new text end 62.2     new text begin (3) "the child's caseworker" is defined as the person who has responsibility for new text end 62.3 new text begin managing the child's foster care placement case as assigned by the responsible social new text end 62.4 new text begin service agency; and new text end 62.5     new text begin (4) "the child's residence" is defined as the home where the child is residing, and new text end 62.6 new text begin can include the foster home, child care institution, or the home from which the child was new text end 62.7 new text begin removed if the child is on a trial home visit. new text end 62.8     new text begin (b) Caseworker visits shall be of sufficient substance and duration to address issues new text end 62.9 new text begin pertinent to case planning and service delivery to ensure the safety, permanency, and new text end 62.10 new text begin well-being of the child. new text end 62.11    Sec. 51. Minnesota Statutes 2006, section 260C.212, subdivision 7, is amended to read: 62.12    Subd. 7. Administrative or court review of placements. (a) There shall be 62.13an administrative review of the out-of-home placement plan of each child placed in a 62.14residential facility new text begin foster care new text end no later than 180 days after the initial placement of the child 62.15in a residential facility new text begin foster care new text end and at least every six months thereafter if the child is not 62.16returned to the home of the parent or parents within that time. The out-of-home placement 62.17plan must be monitored and updated at each administrative review. new text begin The administrative new text end 62.18 new text begin review shall be conducted by the responsible social services agency using a panel of new text end 62.19 new text begin appropriate persons at least one of whom is not responsible for the case management of, new text end 62.20 new text begin or the delivery of services to, either the child or the parents who are the subject of the new text end 62.21 new text begin review. The administrative review shall be open to participation by the parent or guardian new text end 62.22 new text begin of the child and the child, as appropriate. new text end 62.23     new text begin (b) new text end As an alternative to the administrative review new text begin required in paragraph (a) new text end , the 62.24social services agency responsible for the placement may bring a petition as provided in 62.25section 260C.141, subdivision 2, to the court for review of the foster care to determine if 62.26placement is in the best interests of the child. This petition must be brought to the court in 62.27order for a court determination to be made regarding the best interests of the child within 62.28the applicable six months and is not in lieu of the requirements contained in subdivision 62.293 or 4. new text begin may, as part of any hearing required under the Minnesota Rules of Juvenile new text end 62.30 new text begin Protection Procedure, conduct a hearing to monitor and update the out-of-home placement new text end 62.31 new text begin plan pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph new text end 62.32 new text begin (d). The party requesting review of the out-of-home placement plan shall give parties to new text end 62.33 new text begin the proceeding notice of the request to review and update the out-of-home placement new text end 62.34 new text begin plan. new text end A court review conducted pursuant to section new text begin 260C.193; new text end 260C.201, subdivision 62.35 new text begin 1 or new text end 11 , or section new text begin ; new text end 260C.141, subdivision 2, new text begin or 2a, clause (2); or 260C.317 new text end shall satisfy 63.1the requirement for an administrative new text begin the new text end review so long as the other requirements of 63.2this section are met. 63.3    (b) new text begin (c) new text end At the review required under paragraph (a), the reviewing administrative body 63.4 new text begin As appropriate to the stage of the proceedings and relevant court orders, the responsible new text end 63.5 new text begin social services agency new text end or the court shall review: 63.6    (1) the safety new text begin , permanency needs, and well-being new text end of the child; 63.7    (2) the continuing necessity for and appropriateness of the placement; 63.8    (3) the extent of compliance with the out-of-home placement plan; 63.9    (4) where appropriate, the extent of progress which has been made toward alleviating 63.10or mitigating the causes necessitating placement in a residential facility new text begin foster care new text end ; 63.11    (5) where appropriate, the projected date by which the child may be returned to and 63.12safely maintained in the home or placed permanently away from the care of the parent or 63.13parents or guardian; and 63.14    (6) the appropriateness of the services provided to the child. 63.15     new text begin (d) When a child is age 16 or older, in addition to any administrative review new text end 63.16 new text begin conducted by the agency, at the review required under section 260C.201, subdivision 11, new text end 63.17 new text begin paragraph (d), clause (3), unit (iii); or 260C.317, subdivision 3, clause (3), the court shall new text end 63.18 new text begin review the independent living plan required under subdivision 1, paragraph (c), clause new text end 63.19 new text begin (8), and the provision of services to the child related to the well-being of the child as the new text end 63.20 new text begin child prepares to leave foster care. The review shall include the actual plans related to new text end 63.21 new text begin each item in the plan necessary to the child's future safety and well-being when the child is new text end 63.22 new text begin no longer in foster care. new text end 63.23     new text begin (1) At the court review, the responsible social services agency shall establish that it new text end 63.24 new text begin has given the notice required under Minnesota Rules, part 9560.0060, regarding the right new text end 63.25 new text begin to continued access to services for certain children in foster care past age 18 and of the new text end 63.26 new text begin right to appeal a denial of social services under section 256.245. If the agency is unable new text end 63.27 new text begin to establish that the notice, including the right to appeal a denial of social services, has new text end 63.28 new text begin been given, the court shall require the agency to give it. new text end 63.29     new text begin (2) If the plan is for the child to leave foster care at age 18, the court shall make new text end 63.30 new text begin findings regarding the child's progress toward or accomplishment of the following goals: new text end 63.31     new text begin (i) the child has obtained a high school diploma or its equivalent; new text end 63.32     new text begin (ii) the child has completed a driver's education course or has demonstrated the new text end 63.33 new text begin ability to use public transportation in the child's community; new text end 63.34     new text begin (iii) the child is employed or enrolled in postsecondary education; new text end 63.35     new text begin (iv) the child has applied for and obtained postsecondary education financial aid for new text end 63.36 new text begin which the child is eligible; new text end 64.1     new text begin (v) the child has health care coverage and health care providers to meet the child's new text end 64.2 new text begin physical and mental health needs; new text end 64.3     new text begin (vi) the child has applied for and obtained disability income assistance for which new text end 64.4 new text begin the child is eligible; new text end 64.5     new text begin (vii) the child has obtained affordable housing with necessary supports, which does new text end 64.6 new text begin not include a homeless shelter; new text end 64.7     new text begin (viii) the child has saved sufficient funds to pay for the first month's rent and a new text end 64.8 new text begin damage deposit; new text end 64.9     new text begin (ix) the child has an alternative affordable housing plan, which does not include a new text end 64.10 new text begin homeless shelter, if the original housing plan is unworkable; new text end 64.11     new text begin (x) the child, if male, has registered for the Selective Service; and new text end 64.12     new text begin (xi) the child has a permanent connection to a caring adult. new text end 64.13 new text begin The child in conjunction with the placement provider and the responsible social services new text end 64.14 new text begin agency shall work to complete the goals of the living plan. new text end 64.15     new text begin (3) The court shall ensure that the responsible agency assists the child in obtaining new text end 64.16 new text begin the following documents prior to the child's leaving foster care: a Social Security card; the new text end 64.17 new text begin child's birth certificate; a state identification card or driver's license, green card, or school new text end 64.18 new text begin visa; the child's school, medical, and dental records; a contact list of the child's medical, new text end 64.19 new text begin dental, and mental health providers; and contact information for the child's siblings, if the new text end 64.20 new text begin siblings are in foster care. new text end 64.21    Sec. 52. Minnesota Statutes 2006, section 260C.212, subdivision 8, is amended to read: 64.22    Subd. 8. Review of Voluntary placements new text begin foster care; required court review new text end . 64.23    Except for a child in placement due solely to the child's developmental disability or 64.24emotional disturbance, if new text begin When the responsible social services agency and the child's new text end 64.25 new text begin parent or guardian agree that the child's safety, health, and best interests require that the new text end 64.26 new text begin child be in foster care, the agency and the parent or guardian may enter into a voluntary new text end 64.27 new text begin agreement for the placement of the child in foster care. The voluntary agreement must be new text end 64.28 new text begin in writing and in a form approved by the commissioner. When new text end the child has been placed in 64.29a residential facility new text begin foster care new text end pursuant to a voluntary release by new text begin foster care agreement new text end 64.30 new text begin between the agency and new text end the parent or parents, new text begin under this subdivision new text end and new text begin the child new text end is not 64.31returned home within 90 days after initial placement in the residential facility new text begin foster care new text end , 64.32the social services agency responsible for the new text begin child's new text end placement new text begin in foster care new text end shall: 64.33    (1) return the child to the home of the parent or parents; or 64.34    (2) file a petition according to section 260C.141, subdivision 1 or 2, which may: 65.1    (i) ask the court to review the new text begin child's new text end placement new text begin in foster care new text end and approve it new text begin as new text end 65.2 new text begin continued voluntary foster care new text end for up to an additional 90 days; 65.3    (ii) ask the court to order continued out-of-home placement new text begin foster care new text end according to 65.4sections 260C.178 and 260C.201; or 65.5    (iii) ask the court to terminate parental rights under section 260C.301. 65.6    The out-of-home placement plan must be updated and filed along with the petition. 65.7    If the court approves continued out-of-home placement new text begin continuing the child in foster new text end 65.8 new text begin care new text end for up to 90 more days new text begin on a voluntary basis new text end , at the end of the court-approved 90-day 65.9period, the child must be returned to the parent's home. If the child is not returned home, 65.10the responsible social services agency must proceed on the petition filed alleging the child 65.11in need of protection or services or the petition for termination of parental rights or other 65.12permanent placement of the child away from the parent. The court must find a statutory 65.13basis to order the placement of the child under section 260C.178; 260C.201; or 260C.317. 65.14    Sec. 53. Minnesota Statutes 2006, section 260C.325, subdivision 1, is amended to read: 65.15    Subdivision 1. Transfer of custody. new text begin (a) new text end If the court terminates parental rights of 65.16both parents or of the only known living parent, the court shall order the guardianship and 65.17the legal custody of the child transferred to: 65.18    (a) new text begin (1) new text end the commissioner of human services; or 65.19    (b) new text begin (2) new text end a licensed child-placing agency; or 65.20    (c) new text begin (3) new text end an individual who is willing and capable of assuming the appropriate duties 65.21and responsibilities to the child. 65.22     new text begin (b) The court shall order transfer of guardianship and legal custody of a child to new text end 65.23 new text begin the commissioner of human services only when the responsible county social services new text end 65.24 new text begin agency had legal responsibility for planning for the permanent placement of the child and new text end 65.25 new text begin the child was in foster care under the legal responsibility of the responsible county social new text end 65.26 new text begin services agency at the time the court orders guardianship and legal custody transferred to new text end 65.27 new text begin the commissioner. new text end 65.28    Sec. 54. Minnesota Statutes 2006, section 260C.325, subdivision 3, is amended to read: 65.29    Subd. 3. Both parents deceased. new text begin (a) new text end If upon petition to the juvenile court by a 65.30reputable person, including but not limited to an agent of the commissioner of human 65.31services, and upon hearing in the manner provided in section 260C.163, the court finds 65.32that both parents new text begin or the only known legal parent new text end are new text begin or is new text end deceased and no appointment has 65.33been made or petition for appointment filed pursuant to sections 524.5-201 to 524.5-317, 65.34the court shall order the guardianship and legal custody of the child transferred to: 66.1    (a) new text begin (1) new text end the commissioner of human services; 66.2    (b) new text begin (2) new text end a licensed child-placing agency; or 66.3    (c) new text begin (3) new text end an individual who is willing and capable of assuming the appropriate duties 66.4and responsibilities to the child. 66.5     new text begin (b) The court shall order transfer of guardianship and legal custody of a child to the new text end 66.6 new text begin commissioner of human services only if there is no individual who is willing and capable new text end 66.7 new text begin of assuming the appropriate duties and responsibilities to the child. new text end 66.8    Sec. 55. new text begin [260D.001] CHILD IN VOLUNTARY FOSTER CARE FOR new text end 66.9 new text begin TREATMENT. new text end 66.10     new text begin (a) Sections 260D.001 to 260D.301 may be cited as the "child in voluntary foster new text end 66.11 new text begin care for treatment" provisions of the Juvenile Court Act. new text end 66.12     new text begin (b) The juvenile court has original and exclusive jurisdiction over a child in new text end 66.13 new text begin voluntary foster care for treatment upon the filing of a report or petition required under new text end 66.14 new text begin this chapter. All obligations of the agency to a child and family in foster care contained in new text end 66.15 new text begin chapter 260C not inconsistent with this chapter are also obligations of the agency with new text end 66.16 new text begin regard to a child in foster care for treatment under this chapter. new text end 66.17     new text begin (c) This chapter shall be construed consistently with the mission of the children's new text end 66.18 new text begin mental health service system as set out in section 245.487, subdivision 3, and the duties of new text end 66.19 new text begin an agency under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016, new text end 66.20 new text begin to meet the needs of a child with a developmental disability or related condition. This new text end 66.21 new text begin chapter: new text end 66.22     new text begin (1) establishes voluntary foster care through a voluntary foster care agreement as the new text end 66.23 new text begin means for an agency and a parent to provide needed treatment when the child must be in new text end 66.24 new text begin foster care to receive necessary treatment for an emotional disturbance or developmental new text end 66.25 new text begin disability or related condition; new text end 66.26     new text begin (2) establishes court review requirements for a child in voluntary foster care for new text end 66.27 new text begin treatment due to emotional disturbance or developmental disability or a related condition; new text end 66.28     new text begin (3) establishes the ongoing responsibility of the parent as legal custodian to visit the new text end 66.29 new text begin child, to plan together with the agency for the child's treatment needs, to be available and new text end 66.30 new text begin accessible to the agency to make treatment decisions, and to obtain necessary medical, new text end 66.31 new text begin dental, and other care for the child; and new text end 66.32     new text begin (4) applies to voluntary foster care when the child's parent and the agency agree that new text end 66.33 new text begin the child's treatment needs require foster care either: new text end 66.34     new text begin (i) due to a level of care determination by the agency's screening team informed by new text end 66.35 new text begin the diagnostic and functional assessment under section 245.4885; or new text end 67.1     new text begin (ii) due to a determination regarding the level of services needed by the responsible new text end 67.2 new text begin social services' screening team under section 256B.092 and Minnesota Rules, parts new text end 67.3 new text begin 9525.0004 to 9525.0016. new text end 67.4     new text begin (d) This chapter does not apply when there is a current determination under section new text end 67.5 new text begin 626.556 that the child requires child protective services or when the child is in foster care new text end 67.6 new text begin for any reason other than treatment for the child's emotional disturbance or developmental new text end 67.7 new text begin disability or related condition. When there is a determination under section 626.556 that new text end 67.8 new text begin the child requires child protective services based on an assessment that there are safety new text end 67.9 new text begin and risk issues for the child that have not been mitigated through the parent's engagement new text end 67.10 new text begin in services or otherwise, or when the child is in foster care for any reason other than new text end 67.11 new text begin the child's emotional disturbance or developmental disability or related condition, the new text end 67.12 new text begin provisions of chapter 260C apply. new text end 67.13     new text begin (e) The paramount consideration in all proceedings concerning a child in voluntary new text end 67.14 new text begin foster care for treatment is the safety, health, and best interests of the child. The purpose new text end 67.15 new text begin of this chapter is: new text end 67.16     new text begin (1) to ensure a child with a disability is provided the services necessary to treat or new text end 67.17 new text begin ameliorate the symptoms of the child's disability; new text end 67.18     new text begin (2) to preserve and strengthen the child's family ties whenever possible and in the new text end 67.19 new text begin child's best interests, approving the child's placement away from the child's parents only new text end 67.20 new text begin when the child's need for care or treatment requires it, and the child cannot be maintained new text end 67.21 new text begin in the home of the parent; and new text end 67.22     new text begin (3) to ensure the child's parent retains legal custody of the child and associated new text end 67.23 new text begin decision-making authority unless the child's parent willfully fails or is unable to make new text end 67.24 new text begin decisions that meet the child's safety, health, and best interests. The court may not find new text end 67.25 new text begin the parent willfully fails or is unable to make decisions that meet the child's needs solely new text end 67.26 new text begin because the parent disagrees with the agency's choice of foster care facility, unless the new text end 67.27 new text begin agency files a petition under chapter 260C, and establishes by clear and convincing new text end 67.28 new text begin evidence that the child is in need of protection or services. new text end 67.29     new text begin (f) The legal parent-child relationship shall be supported under this chapter by new text end 67.30 new text begin maintaining the parent's legal authority and responsibility for ongoing planning for the new text end 67.31 new text begin child and by the agency's assisting the parent, where necessary, to exercise the parent's new text end 67.32 new text begin ongoing right and obligation to visit or to have reasonable contact with the child. Ongoing new text end 67.33 new text begin planning means: new text end 67.34     new text begin (1) actively participating in the planning and provision of educational services, new text end 67.35 new text begin medical care, and dental care for the child; new text end 68.1     new text begin (2) actively planning and participating with the agency and the foster care facility new text end 68.2 new text begin for the child's treatment needs; and new text end 68.3     new text begin (3) planning to meet the child's need for safety, stability, and permanency, and the new text end 68.4 new text begin child's need to stay connected to the child's family and community. new text end 68.5     new text begin (g) The provisions of section 260.012 to ensure placement prevention, family new text end 68.6 new text begin reunification, and all active and reasonable effort requirements of that section apply. This new text end 68.7 new text begin chapter shall be construed consistently with the requirements of the Indian Child Welfare new text end 68.8 new text begin Act of 1978, United States Code, title 25, section 1901, et al, and the provisions of the new text end 68.9 new text begin Minnesota Indian Family Preservation Act, sections 260.071 to 260.835. new text end 68.10    Sec. 56. new text begin [260D.005] DEFINITIONS. new text end 68.11     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin The definitions in this section supplement the definitions new text end 68.12 new text begin in section 260C.007. The definitions in section 260C.007 apply to this chapter and have new text end 68.13 new text begin the same meaning for purposes of this chapter as for chapter 260C. new text end 68.14     new text begin Subd. 2. new text end new text begin Agency. new text end new text begin "Agency" means the responsible social services agency or new text end 68.15 new text begin a licensed child-placing agency. new text end 68.16     new text begin Subd. 3. new text end new text begin Case plan. new text end new text begin "Case plan" means any plan for the delivery of services new text end 68.17 new text begin to a child and parent, or when reunification is not required, the child alone, that is new text end 68.18 new text begin developed according to the requirements of sections 245.4871, subdivision 19 or 21; new text end 68.19 new text begin 245.492, subdivision 16; 256B.092; 260C.212, subdivision 1; 626.556, subdivision 10; new text end 68.20 new text begin and Minnesota Rules, parts 9525.0004 to 9525.0016. new text end 68.21     new text begin Subd. 4. new text end new text begin Child. new text end new text begin "Child" means an individual under 18 years of age. new text end 68.22     new text begin Subd. 5. new text end new text begin Child in voluntary foster care for treatment. new text end new text begin "Child in voluntary foster new text end 68.23 new text begin care for treatment" means a child who is emotionally disturbed or developmentally new text end 68.24 new text begin disabled or has a related condition and is in foster care under a voluntary foster care new text end 68.25 new text begin agreement between the child's parent and the agency due to concurrence between the new text end 68.26 new text begin agency and the parent that the child's level of care requires placement in foster care either: new text end 68.27     new text begin (1) due to a determination by the agency's screening team based on its review of the new text end 68.28 new text begin diagnostic and functional assessment under section 245.4885; or new text end 68.29     new text begin (2) due to a determination by the agency's screening team under section 256B.092 new text end 68.30 new text begin and Minnesota Rules, parts 9525.0004 to 9525.0016. new text end 68.31     new text begin A child is not in voluntary foster care for treatment under this chapter when there new text end 68.32 new text begin is a current determination under section 626.556 that the child requires child protective new text end 68.33 new text begin services or when the child is in foster care for any reason other than the child's emotional new text end 68.34 new text begin or developmental disability or related condition. new text end 69.1     new text begin Subd. 6. new text end new text begin Compelling reasons. new text end new text begin "Compelling reasons" has the same meaning given new text end 69.2 new text begin in section 260C.007, subdivision 8. The agency may determine compelling reasons when new text end 69.3 new text begin the child is in foster care for treatment and no grounds to terminate parental rights exist new text end 69.4 new text begin because the child must be in placement to access treatment, the child's individual treatment new text end 69.5 new text begin needs cannot be met in the childs' home or through community-based care, and the parent new text end 69.6 new text begin continues to be responsible for planning together with the agency for the child's needs and new text end 69.7 new text begin maintains appropriate contact with the child. new text end 69.8     new text begin Subd. 7. new text end new text begin Court. new text end new text begin "Court" means juvenile court unless otherwise specified in this new text end 69.9 new text begin section. new text end 69.10     new text begin Subd. 8. new text end new text begin Development disability. new text end new text begin "Developmental disability" means developmental new text end 69.11 new text begin disability as defined in United States Code, title 42, section 6001(8). new text end 69.12     new text begin Subd. 9. new text end new text begin Emotionally disturbed or emotional disturbance. new text end new text begin "Emotionally new text end 69.13 new text begin disturbed" or "emotional disturbance" means emotional disturbance as described in new text end 69.14 new text begin section 245.4871, subdivision 15. new text end 69.15     new text begin Subd. 10. new text end new text begin Foster care. new text end new text begin "Foster care" means 24-hour substitute care for children new text end 69.16 new text begin placed away from their parents and for whom an agency has placement and care new text end 69.17 new text begin responsibility. Foster care includes, but is not limited to, placement in foster family homes, new text end 69.18 new text begin foster homes of relatives, group homes, emergency shelters, residential facilities not new text end 69.19 new text begin excluded in this subdivision, child care institutions, and preadoptive homes. A child is in new text end 69.20 new text begin foster care under this definition, regardless of whether the facility is licensed and payments new text end 69.21 new text begin are made for the cost of care. Nothing in this definition creates any authority to place a new text end 69.22 new text begin child in a home or facility that is required to be licensed that is not licensed. Foster care new text end 69.23 new text begin does not include placement in any of the following facilities: hospitals, inpatient chemical new text end 69.24 new text begin dependency treatment facilities, facilities that are primarily for delinquent children, new text end 69.25 new text begin any corrections facility or program within a particular corrections facility not meeting new text end 69.26 new text begin requirements for Title IV-E facilities as determined by the commissioner, facilities to new text end 69.27 new text begin which a child is committed under the provision of chapter 253B, forestry camps, or jails. new text end 69.28     new text begin Subd. 11. new text end new text begin Legal authority to place the child. new text end new text begin "Legal authority to place the child" new text end 69.29 new text begin means the agency has legal responsibility for the care and control of the child while the new text end 69.30 new text begin child is in foster care. The agency may acquire legal authority to place a child through new text end 69.31 new text begin a voluntary placement agreement between the agency and the child's parent under this new text end 69.32 new text begin chapter. Legal authority to place the child does not mean the agency has authority to make new text end 69.33 new text begin major life decisions regarding the child, including major medical decisions. A parent with new text end 69.34 new text begin legal custody of the child continues to have legal authority to make major life decisions new text end 69.35 new text begin regarding the child, including major medical decisions. new text end 69.36     new text begin Subd. 12. new text end new text begin Minor. new text end new text begin "Minor" means an individual under 18 years of age. new text end 70.1     new text begin Subd. 13. new text end new text begin Parent. new text end new text begin "Parent" means the birth or adoptive parent of a minor. Parent new text end 70.2 new text begin also means the child's legal guardian or any individual who has legal authority to new text end 70.3 new text begin make decisions and plans for the child. For an Indian child, parent includes any Indian new text end 70.4 new text begin person who has adopted a child by tribal law or custom, as provided in section 260.755, new text end 70.5 new text begin subdivision 14. new text end 70.6     new text begin Subd. 14. new text end new text begin Reasonable efforts to finalize a permanent plan for the child. new text end 70.7     new text begin "Reasonable efforts to finalize a permanent plan for the child" has the same meaning under new text end 70.8 new text begin this chapter as provided in section 260.012, paragraph (e). new text end 70.9    Sec. 57. new text begin [260D.101] VOLUNTARY FOSTER CARE. new text end 70.10     new text begin Subdivision 1. new text end new text begin Voluntary foster care. new text end new text begin When the agency's screening team, based new text end 70.11 new text begin upon the diagnostic and functional assessment under section 245.4885 or 256B.092, new text end 70.12 new text begin subdivision 7, determines the child's need for treatment due to emotional disturbance or new text end 70.13 new text begin developmental disability or related condition requires foster care placement of the child, new text end 70.14 new text begin a voluntary foster care agreement between the child's parent and the agency gives the new text end 70.15 new text begin agency legal authority to place the child in foster care. new text end 70.16     new text begin Subd. 2. new text end new text begin Voluntary foster care agreement. new text end new text begin A voluntary foster care agreement new text end 70.17 new text begin shall be used to provide the agency the legal authority to place a child in foster care for new text end 70.18 new text begin treatment due to the child's disability. The agreement must be in writing and signed by new text end 70.19 new text begin both the child's parent and the agency. The agreement must be in a form approved by the new text end 70.20 new text begin commissioner of human services, and shall contain notice to parents of the consequences new text end 70.21 new text begin to the parent and to the child of being in voluntary foster care. new text end 70.22    Sec. 58. new text begin [260D.102] REQUIRED INFORMATION FOR CHILD IN new text end 70.23 new text begin VOLUNTARY FOSTER CARE FOR TREATMENT. new text end 70.24     new text begin An agency with authority to place a child in voluntary foster care for treatment due new text end 70.25 new text begin to emotional disturbance or developmental disability or related condition shall inform new text end 70.26 new text begin the child age 12 or older of the following: new text end 70.27     new text begin (a) The child has the right to be consulted in the preparation of the out-of-home new text end 70.28 new text begin placement plan required under section 260C.212, subdivision 1, and the administrative new text end 70.29 new text begin review required under section 260C.212, subdivision 7. new text end 70.30     new text begin (b) The child has the right to visit the parent and the right to visit the child's siblings new text end 70.31 new text begin as determined safe and appropriate by the parent and the agency. new text end 70.32     new text begin (c) If the child disagrees with the foster care facility or services provided under new text end 70.33 new text begin the out-of-home placement plan required under section 260C.212, subdivision 1, the new text end 70.34 new text begin agency shall include information about the nature of the child's disagreement and, to the new text end 71.1 new text begin extent possible, the agency's understanding of the basis of the child's disagreement in the new text end 71.2 new text begin information provided to the court in the report required under section 260D.105. new text end 71.3     new text begin (d) The child has the rights established under Minnesota Rules, part 2960.0050, as a new text end 71.4 new text begin resident of a facility licensed by the state. new text end 71.5    Sec. 59. new text begin [260D.103] ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY new text end 71.6 new text begin FOSTER CARE FOR TREATMENT. new text end 71.7     new text begin The administrative reviews required under section 260C.212, subdivision 7, must new text end 71.8 new text begin be conducted for a child in voluntary foster care for treatment, except that the initial new text end 71.9 new text begin administrative review must take place prior to the submission of the report to the court new text end 71.10 new text begin required under section 260D.105, subdivision 2. new text end 71.11    Sec. 60. new text begin [260D.105] AGENCY REPORT TO THE COURT AND COURT new text end 71.12 new text begin REVIEW OF CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT DUE new text end 71.13 new text begin TO DISABILITY. new text end 71.14     new text begin Subdivision 1. new text end new text begin Judicial review. new text end new text begin In the case of a child in voluntary foster care for new text end 71.15 new text begin treatment due to disability under section 260D.101, the agency shall obtain judicial review new text end 71.16 new text begin of the child's voluntary foster care placement within 165 days of the placement. new text end 71.17     new text begin Subd. 2. new text end new text begin Agency report to court; court review. new text end new text begin The agency shall obtain judicial new text end 71.18 new text begin review by reporting to the court according to the following procedures: new text end 71.19     new text begin (a) A written report shall be forwarded to the court within 165 days of the date of the new text end 71.20 new text begin voluntary placement agreement. The written report shall contain or have attached: new text end 71.21     new text begin (1) a statement of facts that necessitate the child's foster care placement; new text end 71.22     new text begin (2) the child's name, date of birth, race, gender, and current address; new text end 71.23     new text begin (3) the names, race, date of birth, residence, and post office addresses of the child's new text end 71.24 new text begin parents or legal custodian; new text end 71.25     new text begin (4) a statement regarding the child's eligibility for membership or enrollment in an new text end 71.26 new text begin Indian tribe and the agency's compliance with applicable provisions of sections 260.751 to new text end 71.27 new text begin 260.835; new text end 71.28     new text begin (5) the names and addresses of the foster parents or chief administrator of the facility new text end 71.29 new text begin in which the child is placed, if the child is not in a family foster home or group home; new text end 71.30     new text begin (6) a copy of the out-of-home placement plan required under section 260C.212, new text end 71.31 new text begin subdivision 1; new text end 71.32     new text begin (7) a written summary of the proceedings of any administrative review required new text end 71.33 new text begin under section 260C.212, subdivision 7; and new text end 72.1     new text begin (8) any other information the agency, parent or legal custodian, child or foster parent, new text end 72.2 new text begin or other residential facility wants the court to consider. new text end 72.3     new text begin (b) In the case of a child in placement due to emotional disturbance, the written new text end 72.4 new text begin report shall include as an attachment the child's individual treatment plan developed by new text end 72.5 new text begin the child's treatment professional, as provided in section 245.4871, subdivision 21, or new text end 72.6 new text begin the child's individual interagency intervention plan, as provided in section 125A.023, new text end 72.7 new text begin subdivision 3, paragraph (c). new text end 72.8     new text begin (c) In the case of a child in placement due to developmental disability or a related new text end 72.9 new text begin condition, the written report shall include as an attachment the child's individual service new text end 72.10 new text begin plan, as provided in section 256B.092, subdivision 1b; the child's individual program new text end 72.11 new text begin plan, as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver new text end 72.12 new text begin care plan; or the child's individual interagency intervention plan, as provided in section new text end 72.13 new text begin 125A.023, subdivision 3, paragraph (c). new text end 72.14     new text begin (d) The agency must inform the child age 12 or older, the child's parent, and the new text end 72.15 new text begin foster parent or foster care facility of the reporting and court review requirements of this new text end 72.16 new text begin section and of their right to submit information to the court: new text end 72.17     new text begin (1) if the child or the child's parent or the foster care provider wants to send new text end 72.18 new text begin information to the court, the agency shall advise those persons of the reporting date and new text end 72.19 new text begin the date by which the agency must receive the information they want forwarded to the new text end 72.20 new text begin court so the agency is timely able to submit it with the agency's report required under new text end 72.21 new text begin this subdivision; new text end 72.22     new text begin (2) the agency must also inform the child age 12 or older, the child's parent, and the new text end 72.23 new text begin foster care facility that they have the right to be heard in person by the court and how to new text end 72.24 new text begin exercise that right; new text end 72.25     new text begin (3) the agency must also inform the child age 12 or older, the child's parent, and new text end 72.26 new text begin the foster care provider that an in-court hearing will be held if requested by the child, new text end 72.27 new text begin the parent, or the foster care provider; and new text end 72.28     new text begin (4) if, at the time required for the report under this section, a child age 12 or older new text end 72.29 new text begin disagrees about the foster care facility or services provided under the out-of-home new text end 72.30 new text begin placement plan required under section 260C.212, subdivision 1, the agency shall include new text end 72.31 new text begin information regarding the child's disagreement, and to the extent possible, the basis for the new text end 72.32 new text begin child's disagreement in the report required under this section. new text end 72.33     new text begin (e) After receiving the required report, the court has jurisdiction to make the new text end 72.34 new text begin following determinations and must do so within ten days of receiving the forwarded new text end 72.35 new text begin report, whether a hearing is requested: new text end 72.36     new text begin (1) whether the voluntary foster care arrangement is in the child's best interests; new text end 73.1     new text begin (2) whether the parent and agency are appropriately planning for the child; and new text end 73.2     new text begin (3) in the case of a child age 12 or older who disagrees with the foster care facility new text end 73.3 new text begin or services provided under the out-of-home placement plan, whether it is appropriate to new text end 73.4 new text begin appoint counsel and a guardian ad litem for the child using standards and procedures new text end 73.5 new text begin under section 260C.163. new text end 73.6     new text begin (f) Unless requested by a parent, representative of the foster care facility, or the new text end 73.7 new text begin child, no in-court hearing is required in order for the court to make findings and issue an new text end 73.8 new text begin order as required in paragraph (e). new text end 73.9     new text begin (g) If the court finds that the voluntary foster care arrangement is in the child's new text end 73.10 new text begin best interests and that the agency and parent are appropriately planning for the child, new text end 73.11 new text begin the court shall issue an order containing explicit, individualized findings to support its new text end 73.12 new text begin determination. The individualized findings shall be based on the agency's written report new text end 73.13 new text begin and other materials submitted to the court. The court may make this determination new text end 73.14 new text begin notwithstanding the child's disagreement, if any, reported under paragraph (d). new text end 73.15     new text begin (h) The court shall send a copy of the order to the county attorney, agency, parent, new text end 73.16 new text begin child age 12 or older, and foster parent or foster care facility. new text end 73.17     new text begin (i) The court shall also send the parent, child age 12 or older, foster parent, or new text end 73.18 new text begin representative of the foster care facility notice of the permanency review hearing required new text end 73.19 new text begin under section 260D.107, paragraph (e). new text end 73.20     new text begin (j) If the court finds continuing the voluntary foster care arrangement is not in the new text end 73.21 new text begin child's best interests or that the agency or the parent are not appropriately planning for the new text end 73.22 new text begin child, the court shall notify the agency, parent, foster parent or foster care facility, child new text end 73.23 new text begin age 12 or older, and county attorney of the court's determinations and the basis for the new text end 73.24 new text begin court's determinations. In this case, the court shall set the matter for hearing and appoint a new text end 73.25 new text begin guardian ad litem for the child under section 260C.163, subdivision 5. new text end 73.26    Sec. 61. new text begin [260D.107] REQUIRED PERMANENCY REVIEW HEARING. new text end 73.27     new text begin (a) When the court has found that the voluntary arrangement is in the child's best new text end 73.28 new text begin interests and that the agency and parent are appropriately planning for the child pursuant new text end 73.29 new text begin to the report submitted under section 260D.105, and the child continues in voluntary new text end 73.30 new text begin foster care as defined in section 260D.007, subdivision 10, for 13 months from the date new text end 73.31 new text begin of the voluntary foster care agreement, or has been in placement for 15 of the last 22 new text end 73.32 new text begin months, the agency must: new text end 73.33     new text begin (1) terminate the voluntary foster care agreement and return the child home; new text end 74.1     new text begin (2) determine whether there are compelling reasons to continue the voluntary foster new text end 74.2 new text begin care arrangement and, if the agency determines there are compelling reasons, seek judicial new text end 74.3 new text begin approval if its determination; or new text end 74.4     new text begin (3) file a petition for the termination of parental rights. new text end 74.5     new text begin (b) When the agency is asking for the court's approval of its determination that there new text end 74.6 new text begin are compelling reasons to continue the child in the voluntary foster care arrangement, the new text end 74.7 new text begin agency shall file a "Petition for Permanency Review Regarding a Child in Voluntary new text end 74.8 new text begin Foster Care for Treatment" and ask the court to proceed under this section. new text end 74.9     new text begin (c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster new text end 74.10 new text begin Care for Treatment" shall be drafted or approved by the county attorney and be under new text end 74.11 new text begin oath. The petition shall include: new text end 74.12     new text begin (1) the date of the voluntary placement agreement; new text end 74.13     new text begin (2) whether the petition is due to the child's developmental disability or emotional new text end 74.14 new text begin disturbance; new text end 74.15     new text begin (3) the plan for the ongoing care of the child and the parent's participation in the plan; new text end 74.16     new text begin (4) a description of the parent's visitation and contact with the child; new text end 74.17     new text begin (5) the date of the court finding that the foster care placement was in the best new text end 74.18 new text begin interests of the child, if required under section 260D.105, or the date the agency filed the new text end 74.19 new text begin motion under section 260D.201, paragraph (b); new text end 74.20     new text begin (6) the agency's reasonable efforts to finalize the permanent plan for the child, new text end 74.21 new text begin including returning the child to the care of the child's family; and new text end 74.22     new text begin (7) a citation to this chapter as the basis for the petition. new text end 74.23     new text begin (d) An updated copy of the out-of-home placement plan required under section new text end 74.24 new text begin 260C.212, subdivision 1, shall be filed with the petition. new text end 74.25     new text begin (e) The court shall set the date for the permanency review hearing no later than 14 new text end 74.26 new text begin months after the child has been in placement or within 30 days of the petition filing date new text end 74.27 new text begin when the child has been in placement 15 of the last 22 months. The court shall serve the new text end 74.28 new text begin petition together with a notice of hearing by United States mail on the parent; the child new text end 74.29 new text begin age 12 or older; the child's guardian ad litem, if one has been appointed; the agency; the new text end 74.30 new text begin county attorney; and counsel for any party. new text end 74.31     new text begin (f) The court shall conduct the permanency review hearing on the petition no later new text end 74.32 new text begin than 14 months after the date of the voluntary placement agreement, within 30 days of the new text end 74.33 new text begin filing of the petition when the child has been in placement 15 of the last 22 months, or new text end 74.34 new text begin within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster care new text end 74.35 new text begin under chapter 260C, as provided in section 260D.201, paragraph (b). new text end 74.36     new text begin (g) At the permanency review hearing, the court shall: new text end 75.1     new text begin (1) inquire of the parent if the parent has reviewed the "Petition for Permanency new text end 75.2 new text begin Review Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is new text end 75.3 new text begin accurate, and whether the parent agrees to the continued voluntary foster care arrangement new text end 75.4 new text begin as being in the child's best interests; new text end 75.5     new text begin (2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts new text end 75.6 new text begin to finalize the permanent plan for the child, including whether there are services available new text end 75.7 new text begin and accessible to the parent that might allow the child to safely be with the child's family; new text end 75.8     new text begin (3) inquire of the parent if the parent consents to the court entering an order that: new text end 75.9     new text begin (i) approves the responsible agency's reasonable efforts to finalize the permanent new text end 75.10 new text begin plan for the child, which includes ongoing future planning for the safety, health, and best new text end 75.11 new text begin interests of the child; and new text end 75.12     new text begin (ii) approves the responsible agency's determination that there are compelling new text end 75.13 new text begin reasons why the continued voluntary foster care arrangement is in the child's best interests; new text end 75.14     new text begin (4) inquire of the child's guardian ad litem and any other party whether the guardian new text end 75.15 new text begin or the party agrees that: new text end 75.16     new text begin (i) the court should approve the responsible agency's reasonable efforts to finalize new text end 75.17 new text begin the permanent plan for the child, which includes ongoing and future planning for the new text end 75.18 new text begin safety, health, and best interests of the child; and new text end 75.19     new text begin (ii) the court should approve of the responsible agency's determination that there new text end 75.20 new text begin are compelling reasons why the continued voluntary foster care arrangement is in the new text end 75.21 new text begin child's best interests. new text end 75.22     new text begin (h) At a permanency review hearing under this section, the court may take the new text end 75.23 new text begin following actions based on the contents of the sworn petition and the consent of the parent: new text end 75.24     new text begin (1) approve the agency's compelling reasons that the voluntary foster care new text end 75.25 new text begin arrangement is in the best interests of the child; and new text end 75.26     new text begin (2) find that the agency has made reasonable efforts to finalize the permanent plan new text end 75.27 new text begin for the child. new text end 75.28     new text begin (i) A child age 12 or older may object to the agency's request that the court approve new text end 75.29 new text begin its compelling reasons for the continued voluntary arrangement and may be heard on the new text end 75.30 new text begin reasons for the objection. Notwithstanding the child's objection, the court may approve new text end 75.31 new text begin the agency's compelling reasons and the voluntary arrangement. new text end 75.32     new text begin (j) If the court does not approve the voluntary arrangement after hearing from the new text end 75.33 new text begin child or the child's guardian ad litem, the court shall dismiss the petition. In this case, new text end 75.34 new text begin either: new text end 75.35     new text begin (1) the child must be returned to the care of the parent; or new text end 76.1     new text begin (2) the agency must file a petition under section 260C.141 asking for appropriate new text end 76.2 new text begin relief under section 260C.201, subdivision 11, or 260C.301. new text end 76.3     new text begin (k) When the court approves the agency's compelling reasons for the child to new text end 76.4 new text begin continue in voluntary foster care for treatment, and finds that the agency has made new text end 76.5 new text begin reasonable efforts to finalize a permanent plan for the child, the court shall approve the new text end 76.6 new text begin continued voluntary foster care arrangement, and continue the matter under the court's new text end 76.7 new text begin jurisdiction for the purposes of reviewing the child's placement every 12 months while new text end 76.8 new text begin the child is in foster care. new text end 76.9     new text begin (l) A finding that the court approves the continued voluntary placement means new text end 76.10 new text begin the agency has continued legal authority to place the child while a voluntary placement new text end 76.11 new text begin agreement remains in effect. The parent or the agency may terminate a voluntary new text end 76.12 new text begin agreement as provided in section 260D.301. Termination of a voluntary foster care new text end 76.13 new text begin placement of an Indian child is governed by section 260.765, subdivision 4. new text end 76.14    Sec. 62. new text begin [260D.109] ANNUAL REVIEW. new text end 76.15     new text begin (a) After the court conducts a permanency review hearing under section 260D.107, new text end 76.16 new text begin the matter must be returned to the court for further review of the child's foster care new text end 76.17 new text begin placement at least every 12 months while the child is in foster care. The court shall give new text end 76.18 new text begin notice to the parent and child age 12 or older and the foster parents of the continued review new text end 76.19 new text begin requirements under this section at the permanency review hearing. new text end 76.20     new text begin (b) Every 12 months, the court shall determine whether the agency made reasonable new text end 76.21 new text begin efforts to finalize the permanent plan for the child, which means the exercise of due new text end 76.22 new text begin diligence by the agency to: new text end 76.23     new text begin (1) ensure that the agreement for voluntary foster care is the most appropriate legal new text end 76.24 new text begin arrangement to meet the child's safety, health, and best interests; new text end 76.25     new text begin (2) engage and support the parent in continued involvement in planning and decision new text end 76.26 new text begin making for the needs of the child; new text end 76.27     new text begin (3) strengthen the child's ties to the parent, relatives, and community; new text end 76.28     new text begin (4) implement the out-of-home placement plan required under section 260C.212, new text end 76.29 new text begin subdivision 1, and ensure that the plan requires the provision of appropriate services to new text end 76.30 new text begin address the physical health, mental health, and educational needs of the child; and new text end 76.31     new text begin (5) ensure appropriate planning for the child's safe, permanent, and independent new text end 76.32 new text begin living arrangement after the child's 18th birthday. new text end 76.33    Sec. 63. new text begin [260D.201] PERMANENCY REVIEW AFTER ADJUDICATION new text end 76.34 new text begin UNDER CHAPTER 260C. new text end 77.1     new text begin (a) If a child has been ordered into foster care under section 260C.178 or 260C.201, new text end 77.2 new text begin subdivision 1, and the conditions that led to the court's order have been corrected so that new text end 77.3 new text begin the child could safely return home, except for the child's need to continue in foster care new text end 77.4 new text begin for treatment due to the child's disability, the child's parent and the agency may enter into new text end 77.5 new text begin a voluntary foster care agreement under this chapter using the procedure described in new text end 77.6 new text begin paragraph (b). new text end 77.7     new text begin (b) When the agency and the parent agree to enter into a voluntary foster care new text end 77.8 new text begin agreement under this chapter, the agency must file a motion to terminate jurisdiction new text end 77.9 new text begin under section 260C.193, subdivision 6, and to dismiss the order for foster care under new text end 77.10 new text begin section 260C.178 or 260C.201, subdivision 1, together with the petition required under new text end 77.11 new text begin section 260D.107, paragraph (b), for permanency review and the court's approval of the new text end 77.12 new text begin voluntary arrangement. new text end 77.13     new text begin (c) The court shall send the motion and the petition filed under subdivision 2 together new text end 77.14 new text begin with a notice of hearing by mail as required in section 260D.107, paragraph (e). new text end 77.15     new text begin (d) The petition and motion under this section must be filed no later than the time new text end 77.16 new text begin the agency is required to file a petition for permanent placement under section 260C.201, new text end 77.17 new text begin subdivision 11, but may be filed as soon as the agency and the parent agree that the child new text end 77.18 new text begin should remain in foster care under a voluntary foster care agreement, because the child new text end 77.19 new text begin needs treatment and voluntary foster care is in the child's best interests. new text end 77.20     new text begin (e) In order for the agency to have continuous legal authority to place the child, the new text end 77.21 new text begin parent and the agency must execute a voluntary foster care agreement for the child's new text end 77.22 new text begin continuation in foster care for treatment prior to the termination of the order for foster care new text end 77.23 new text begin under section 260C.178 or 260C.201, subdivision 1. The parent and agency may execute new text end 77.24 new text begin the voluntary foster care agreement at or before the permanency review hearing required new text end 77.25 new text begin under this section. The voluntary foster care agreement shall not be effective until the new text end 77.26 new text begin court terminates jurisdiction under section 260C.193, subdivision 6, and dismisses the new text end 77.27 new text begin order for foster care under section 260C.178 or 260C.201, subdivision 1. Unless the new text end 77.28 new text begin agency and the parent execute a voluntary placement agreement for the child to continue new text end 77.29 new text begin in voluntary foster care for treatment, the agency shall not have legal authority to place the new text end 77.30 new text begin child after the court terminates jurisdiction under chapter 260C. new text end 77.31    Sec. 64. new text begin [260D.301] TERMINATION OF VOLUNTARY PLACEMENT new text end 77.32 new text begin AGREEMENT. new text end 77.33     new text begin (a) The child's parent may terminate a voluntary placement agreement under this new text end 77.34 new text begin chapter upon written notice to the agency of the termination of the agreement. The new text end 78.1 new text begin termination of a voluntary foster care agreement regarding an Indian child shall be new text end 78.2 new text begin governed by section 260.765, subdivision 4. new text end 78.3     new text begin (b) The agency may terminate a voluntary placement agreement under this section new text end 78.4 new text begin upon written notice of the termination of the agreement to the parent. Prior to sending new text end 78.5 new text begin notice of termination of the voluntary foster care placement agreement, the agency shall new text end 78.6 new text begin contact the parent regarding transition planning under paragraph (e). Written notice by new text end 78.7 new text begin the agency shall be considered received by the parent three business days after mailing new text end 78.8 new text begin by the agency. new text end 78.9     new text begin (c) Upon receipt of notice of the termination of the voluntary foster care agreement, new text end 78.10 new text begin the agency, the parent, and the facility may agree to a time that the child shall return home. new text end 78.11 new text begin The scheduled time to return home shall meet the child's need for safety and reasonable new text end 78.12 new text begin transition. Unless otherwise agreed to by the parent and the agency, the child's return new text end 78.13 new text begin home shall not occur sooner than 72 hours and not later than 30 days after written notice new text end 78.14 new text begin of termination is received or sent by the agency. new text end 78.15     new text begin (d) A parent who disagrees with the termination of a voluntary foster care agreement new text end 78.16 new text begin by the agency under this chapter has the right to a fair hearing under section 256.045 to new text end 78.17 new text begin appeal the termination of the voluntary foster care agreement. When the agency gives new text end 78.18 new text begin written notice to the parent of the termination of the agreement, the agency must also give new text end 78.19 new text begin the parent notice of the parent's right to a fair hearing under section 256.045 to appeal the new text end 78.20 new text begin agency's decision to terminate the voluntary foster care agreement. new text end 78.21     new text begin (e) The agency and the child's parents shall engage in transition planning for the new text end 78.22 new text begin child's return home, including establishing a scheduled time for the child to return home, new text end 78.23 new text begin an increased visitation plan between the parent and child, and a plan for what services new text end 78.24 new text begin will be provided and in place upon the child's return home. new text end 78.25     new text begin (f) Notice of termination of voluntary foster care agreement does not terminate the new text end 78.26 new text begin agreement. The voluntary foster care agreement and the agency's legal authority to place new text end 78.27 new text begin the child are terminated by the child's return home or by court order. new text end 78.28    Sec. 65. Minnesota Statutes 2006, section 524.2-114, is amended to read: 78.29524.2-114 MEANING OF CHILD AND RELATED TERMS. 78.30    If, for purposes of intestate succession, a relationship of parent and child must be 78.31established to determine succession by, through, or from a person: 78.32    (1) An adopted person new text begin child new text end is the child of an adopting parent and not of the birth 78.33parents except that adoption of a child by the spouse of a birth parent has no effect on 78.34the relationship between the child and that birth parent. If a parent dies and a child is 78.35subsequently adopted by a stepparent who is the spouse of a surviving parent, any rights 79.1of inheritance of the child or the child's descendant from or through the deceased parent 79.2of the child which exist at the time of the death of that parent shall not be affected by 79.3the adoption. 79.4    (2) In cases not covered by clause (1), a person is the child of the person's parents 79.5regardless of the marital status of the parents and the parent and child relationship may be 79.6established under the Parentage Act, sections 257.51 to 257.74. 79.7    Sec. 66. Minnesota Statutes 2006, section 626.556, subdivision 7, is amended to read: 79.8    Subd. 7. Report. An oral report shall be made immediately by telephone or 79.9otherwise. An oral report made by a person required under subdivision 3 to report shall be 79.10followed within 72 hours, exclusive of weekends and holidays, by a report in writing to 79.11the appropriate police department, the county sheriff, the agency responsible for assessing 79.12or investigating the report, or the local welfare agency, unless the appropriate agency 79.13has informed the reporter that the oral information does not constitute a report under 79.14subdivision 10. new text begin The local welfare agency shall determine if the report is accepted for an new text end 79.15 new text begin assessment or investigation as soon as possible but in no event longer than 24 hours new text end 79.16 new text begin after the report is received. new text end Any report shall be of sufficient content to identify the child, 79.17any person believed to be responsible for the abuse or neglect of the child if the person 79.18is known, the nature and extent of the abuse or neglect and the name and address of the 79.19reporter. If requested, the local welfare agency or the agency responsible for assessing or 79.20investigating the report shall inform the reporter within ten days after the report is made, 79.21either orally or in writing, whether the report was accepted for assessment or investigation. 79.22Written reports received by a police department or the county sheriff shall be forwarded 79.23immediately to the local welfare agency or the agency responsible for assessing or 79.24investigating the report. The police department or the county sheriff may keep copies of 79.25reports received by them. Copies of written reports received by a local welfare department 79.26or the agency responsible for assessing or investigating the report shall be forwarded 79.27immediately to the local police department or the county sheriff. 79.28    A written copy of a report maintained by personnel of agencies, other than welfare 79.29or law enforcement agencies, which are subject to chapter 13 shall be confidential. An 79.30individual subject of the report may obtain access to the original report as provided by 79.31subdivision 11. 79.32    Sec. 67. Minnesota Statutes 2007 Supplement, section 626.556, subdivision 10a, 79.33is amended to read: 80.1    Subd. 10a. Law enforcement agency responsibility for investigation; welfare 80.2agency reliance on law enforcement fact-finding; welfare agency offer of services. 80.3    (a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a 80.4parent, guardian, sibling, person responsible for the child's care functioning within the 80.5family unit, or a person who lives in the child's household and who has a significant 80.6relationship to the child, in a setting other than a facility as defined in subdivision 2, the 80.7local welfare agency shall immediately notify the appropriate law enforcement agency, 80.8which shall conduct an investigation of the alleged abuse or neglect if a violation of a 80.9criminal statute is alleged. 80.10    (b) The local agency may rely on the fact-finding efforts of the law enforcement 80.11investigation conducted under this subdivision to make a determination whether or not 80.12threatened harm new text begin injury new text end or other maltreatment has occurred under subdivision 2 if an 80.13alleged offender has minor children or lives with minors. 80.14    (c) The local welfare agency shall offer appropriate social services for the purpose of 80.15safeguarding and enhancing the welfare of the abused or neglected minor. 80.16    Sec. 68. Laws 2007, chapter 147, article 2, section 56, is amended to read: 80.17    Sec. 56. COMMISSIONER OF HUMAN SERVICES DUTIES; EARLY 80.18CHILDHOOD AND SCHOOL-AGE PROFESSIONAL DEVELOPMENT 80.19TRAINING. 80.20    Subdivision 1. Development and implementation of an early childhood and 80.21school-age professional development system. (a) The commissioner of human services, 80.22in cooperation with the commissioners of education and health, shall develop and phase-in 80.23the implementation of a professional development system for practitioners serving 80.24children in early childhood and school-age programs. The system shall provide training 80.25options and supports for practitioners to voluntarily choose, as they complete or exceed 80.26existing licensing requirements. 80.27    The system must, at a minimum, include the following features: 80.28    (1) a continuum of training content based on the early childhood and school-age 80.29care practitioner core competencies that translates knowledge into improved practice to 80.30support children's school success; 80.31    (2) training strategies that provide direct feedback about practice to practitioners 80.32through ongoing consultation, mentoring, or coaching with special emphasis on early 80.33literacy and early mathematics; 80.34    (3) an approval process for trainers; 81.1    (4) a professional development registry for early childhood and school-age care 81.2practitioners that will provide tracking and recognition of practitioner training/career 81.3development progress; 81.4    (5) a career lattice that includes a range of professional development and educational 81.5opportunities that provide appropriate coursework and degree pathways; 81.6    (6) development of a plan with public higher education institutions for an articulated 81.7system of education, training, and professional development that includes credit for prior 81.8learning and development of equivalences to two- and four-year degrees; 81.9    (7) incentives and supports for early childhood and school-age care practitioners 81.10to seek additional training and education, including TEACH, other scholarships, and 81.11career guidance; and 81.12    (8) coordinated and accessible delivery of training to early childhood and school-age 81.13care practitioners. 81.14    (b) By January 1, 2008, the commissioner, in consultation with the organizations 81.15named in subdivision 2 shall develop additional opportunities in order to qualify 81.16more licensed family child care providers under new text begin Minnesota Statutes, new text end section 119B.13, 81.17subdivision 3a . 81.18    (c) The commissioner of human services must evaluate the professional development 81.19system and make continuous improvements. 81.20    (d) Beginning July 1, 2007, as appropriations permit, the commissioner shall 81.21phase-in the professional development system. 81.22    Subd. 2. Two-hour early childhood training. By January 15, 2008, the 81.23commissioner of human services, with input from the Minnesota Licensed Family Child 81.24Care Association and the Minnesota Professional Development Council, shall identify 81.25trainings that qualify for the two-hour early childhood development training requirement 81.26for new child care practitioners under Minnesota Statutes, section 245A.14, subdivision 81.279a , paragraphs (a) and (b). For licensed family child care, the commissioner shall also 81.28seek the input of labor unions that serve licensed family child care providers, if the union 81.29has been recognized by a county to serve licensed family child care providers. 81.30     new text begin Subd. 3. new text end new text begin Data classification for child care practitioner professional development new text end 81.31 new text begin system. new text end new text begin This subdivision applies to data collected under this section by the child care new text end 81.32 new text begin practitioner professional development system. Data collected under this section is welfare new text end 81.33 new text begin data under Minnesota Statutes, section 13.46, but is not licensing data under Minnesota new text end 81.34 new text begin Statutes, section 13.46, subdivision 4. Data on individuals who are licensed family new text end 81.35 new text begin child care providers is private data on individuals governed by Minnesota Statutes, new text end 81.36 new text begin section 13.46, subdivision 2. The commissioner may disclose nonpublic data collected new text end 82.1 new text begin under this section as described in Minnesota Statutes, section 13.46, subdivision 2. The new text end 82.2 new text begin commissioner also may disclose private and nonpublic data collected under this section new text end 82.3 new text begin to the following entities: new text end 82.4     new text begin (1) personnel of the welfare system who require the data for child care licensing new text end 82.5 new text begin purposes; new text end 82.6     new text begin (2) personnel of the welfare system who require the data to administer or evaluate new text end 82.7 new text begin the child care assistance program; new text end 82.8     new text begin (3) the commissioner of education for purposes of implementing, administering, and new text end 82.9 new text begin evaluating the child care practitioner professional development system; new text end 82.10     new text begin (4) the commissioner of health for purposes of implementing and administering new text end 82.11 new text begin this section; and new text end 82.12     new text begin (5) an individual's employer for purposes of tracking and verifying employee new text end 82.13 new text begin training, education, and expertise. new text end 82.14    Sec. 69. new text begin REVISOR'S INSTRUCTION. new text end 82.15     new text begin In each section of Minnesota Statutes referred to in column A, the revisor of statutes new text end 82.16 new text begin shall delete the reference in column B and insert the reference in column C. new text end 82.17 new text begin Column A new text end new text begin Column B new text end new text begin Column C new text end 82.18 new text begin 259.67 new text end new text begin 260.851, article 5 new text end new text begin 260.853, article 4 new text end 82.19 new text begin 256B.094 new text end new text begin 260.851 new text end new text begin 260.853 new text end 82.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective upon legislative enactment of the new text end 82.21 new text begin interstate compact in section 34 by no less than 35 states. new text end 82.22    Sec. 70. new text begin REPEALER. new text end 82.23 new text begin (a) new text end new text begin Minnesota Statutes 2006, section 260.851, new text end new text begin is repealed effective upon legislative new text end 82.24 new text begin enactment of the interstate compact in section 34 by no less than 35 states. The new text end 82.25 new text begin commissioner of human services shall inform the revisor of statutes when this occurs. new text end 82.26 new text begin (b) new text end new text begin Minnesota Statutes 2006, sections 260B.241; and 260C.207, new text end new text begin are repealed. new text end 82.27 new text begin (c) new text end new text begin Minnesota Rules, parts 9560.0092; and 9560.0093, subpart 2, new text end new text begin are repealed. new text end 82.28ARTICLE 2 82.29ADOPTION RECORDS 82.30    Section 1. Minnesota Statutes 2006, section 13.465, subdivision 8, is amended to read: 83.1    Subd. 8. Adoption records. Various adoption records are classified under section 83.2259.53, subdivision 1 . Access to the original birth record of a person who has been 83.3adopted is governed by section new text begin 144.2253 new text end . 83.4    Sec. 2. Minnesota Statutes 2006, section 144.218, subdivision 1, is amended to read: 83.5    Subdivision 1. Adoption. new text begin (a) new text end Upon receipt of a certified copy of an order, decree, 83.6or certificate of adoption, the state registrar shall register a replacement vital record in 83.7the new name of the adopted person. new text begin Except as provided in paragraph (b), new text end the original 83.8record of birth is confidential pursuant to new text begin private data on individuals as defined in new text end section 83.913.02, subdivision 3 new text begin 12 new text end , and shall not be disclosed except pursuant to court order or 83.10section 144.2252 new text begin or 144.2253 new text end . 83.11     new text begin (b) new text end The information contained on the original birth record, except for the registration 83.12number, shall be provided on request to new text begin : (1) new text end a parent who is named on the original birth 83.13record new text begin ; or (2) the adopted person who is subject of the record if the person is at least 19 new text end 83.14 new text begin years of age, unless there is an affidavit of nondisclosure on file with the state registrar new text end . 83.15Upon the receipt of a certified copy of a court order of annulment of adoption the state 83.16registrar shall restore the original vital record to its original place in the file. 83.17    Sec. 3. Minnesota Statutes 2006, section 144.225, subdivision 2, is amended to read: 83.18    Subd. 2. Data about births. (a) Except as otherwise provided in this subdivision, 83.19data pertaining to the birth of a child to a woman who was not married to the child's father 83.20when the child was conceived nor when the child was born, including the original record 83.21of birth and the certified vital record, are confidential data. At the time of the birth of a 83.22child to a woman who was not married to the child's father when the child was conceived 83.23nor when the child was born, the mother may designate demographic data pertaining to 83.24the birth as public. Notwithstanding the designation of the data as confidential, it may 83.25be disclosed: 83.26    (1) to a parent or guardian of the child; 83.27    (2) to the child when the child is 16 years of age or older; 83.28    (3) under paragraph (b) or (e); or 83.29    (4) pursuant to a court order. For purposes of this section, a subpoena does not 83.30constitute a court order. 83.31    (b) Unless the child is adopted, data pertaining to the birth of a child that are not 83.32accessible to the public become public data if 100 years have elapsed since the birth of 83.33the child who is the subject of the data, or as provided under section 13.10, whichever 83.34occurs first. 84.1    (c) If a child is adopted, data pertaining to the child's birth are governed by the 84.2provisions relating to adoption records, including sections 13.10, subdivision 5; 144.218, 84.3subdivision 1 ; 144.2252; new text begin 144.2253; new text end and 259.89. 84.4    (d) The name and address of a mother under paragraph (a) and the child's date of 84.5birth may be disclosed to the county social services or public health member of a family 84.6services collaborative for purposes of providing services under section 124D.23. 84.7    (e) The commissioner of human services shall have access to birth records for: 84.8    (1) the purposes of administering medical assistance, general assistance medical 84.9care, and the MinnesotaCare program; 84.10    (2) child support enforcement purposes; and 84.11    (3) other public health purposes as determined by the commissioner of health. 84.12    Sec. 4. Minnesota Statutes 2006, section 144.2252, is amended to read: 84.13144.2252 ACCESS TO ORIGINAL BIRTH RECORD AFTER ADOPTION. 84.14    (a) Whenever an adopted person requests the state registrar to disclose the 84.15information on the adopted person's original birth record, the state registrar shall act 84.16according to section new text begin 144.2253 new text end . 84.17    (b) The state registrar shall provide a transcript of an adopted person's original birth 84.18record to an authorized representative of a federally recognized American Indian tribe 84.19for the sole purpose of determining the adopted person's eligibility for enrollment or 84.20membership. Information contained in the birth record may not be used to provide the 84.21adopted person information about the person's birth parents, except as provided in this 84.22section or section new text begin 144.2253 new text end . 84.23    Sec. 5. new text begin [144.2253] ACCESS TO ORIGINAL BIRTH RECORDS BY ADOPTED new text end 84.24 new text begin PERSON; DEPARTMENT DUTIES. new text end 84.25     new text begin Subdivision 1. new text end new text begin Affidavits. new text end new text begin The department shall prepare affidavit of disclosure and new text end 84.26 new text begin nondisclosure forms under which a birth parent may agree to or object to the release of the new text end 84.27 new text begin original birth record to the adopted person. The department shall make the forms readily new text end 84.28 new text begin accessible to birth parents on the department's Web site. new text end 84.29     new text begin Subd. 2. new text end new text begin Disclosure. new text end new text begin Upon request, the state registrar shall provide a noncertified new text end 84.30 new text begin copy of the original birth record to an adopted person age 19 or older unless there is an new text end 84.31 new text begin affidavit of nondisclosure on file. The state registrar must comply with the terms of the new text end 84.32 new text begin affidavits of disclosure or affidavits of nondisclosure. new text end 84.33     new text begin Subd. 3. new text end new text begin Recission of affidavit. new text end new text begin A birth parent may rescind an affidavit of disclosure new text end 84.34 new text begin or an affidavit of nondisclosure at any time. new text end 85.1     new text begin Subd. 4. new text end new text begin Affidavit of nondisclosure; access to birth record. new text end new text begin (a) An adopted person new text end 85.2 new text begin age 19 or older may petition the appropriate court for disclosure of the original birth record new text end 85.3 new text begin pursuant to section 259.61, and the court shall grant the petition, if, after consideration of new text end 85.4 new text begin the interests of all known persons involved, the court determines that disclosure of the new text end 85.5 new text begin information would be of greater benefit than nondisclosure. new text end 85.6     new text begin (b) An adopted person age 19 or older may request the state registrar search the state new text end 85.7 new text begin death records to determine if the birth parent is deceased. The state registrar may impose a new text end 85.8 new text begin fee for the record search. If the birth parent is deceased, a noncertified copy of the original new text end 85.9 new text begin birth record must be released only to the adopted person making the request. new text end 85.10     new text begin Subd. 5. new text end new text begin Information provided. new text end new text begin (a) The department shall, in consultation with new text end 85.11 new text begin adoption agencies and adoption advocates, provide information and educational materials new text end 85.12 new text begin to adopted persons and birth parents about the changes in the law affecting accessibility new text end 85.13 new text begin to birth records. For purposes of this subdivision, an adoption advocate is a nonprofit new text end 85.14 new text begin organization that works with adoption issues in Minnesota. new text end 85.15     new text begin (b) The department shall provide notice on the department Web site about the change new text end 85.16 new text begin in the law, and will direct individuals to private agencies and advocates for post-adoption new text end 85.17 new text begin resources. new text end 85.18    Sec. 6. Minnesota Statutes 2006, section 260C.317, subdivision 4, is amended to read: 85.19    Subd. 4. Rights of terminated parent. Upon entry of an order terminating the 85.20parental rights of any person who is identified as a parent on the original birth record of 85.21the child as to whom the parental rights are terminated, the court shall cause written 85.22notice to be made to that person setting forth: 85.23    (1) the right of the person to file at any time with the state registrar of vital statistics 85.24a consent to disclosure, as defined in section 144.212, subdivision 11; 85.25    (2) the right of the person to file at any time with the state registrar of vital statistics 85.26an affidavit stating that the information on the original birth record shall not be disclosed 85.27as provided in section new text begin 144.2253 new text end ; and 85.28    (3) the effect of a failure to file either a consent to disclosure, as defined in section 85.29144.212, subdivision 11 , or an affidavit stating that the information on the original birth 85.30record shall not be disclosed. 85.31    Sec. 7. new text begin ADOPTION AGENCIES; FEE. new text end 85.32     new text begin Adoption agencies may charge a fee for counseling and support services provided to new text end 85.33 new text begin adopted persons and birth parents. new text end 86.1    Sec. 8. new text begin REPEALER. new text end 86.2 new text begin Minnesota Statutes 2006, sections 259.83, subdivision 3; and 259.89, subdivisions 3 new text end 86.3 new text begin and 5, new text end new text begin are repealed. new text end 86.4    Sec. 9. new text begin EFFECTIVE DATE. new text end 86.5     new text begin This article is effective July 1, 2009. new text end