1.1A bill for an act1.2relating 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 11.29CHILD WELFARE1.30    Section 1. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision 1.31to read:2.1    Subd. 12.Child care resource and referral programs.This subdivision applies 2.2to data collected by child care resource and referral programs under section 119B.19. 2.3Data collected under section 119B.19 is not licensing data under subdivision 4. Data on 2.4unlicensed family child care providers is data on individuals governed by subdivision 2.52. In addition to the disclosures authorized by this section, the names and addresses of 2.6unlicensed family child care providers may be disclosed to the commissioner of education 2.7for purposes of promoting and evaluating school readiness.2.8    Sec. 2. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision to 2.9read:2.10    Subd. 13.Family, friend, and neighbor grant program. This subdivision applies 2.11to data collected by family, friend, and neighbor (FFN) grantees under section 119B.232. 2.12Data collected under section 119B.232 is data on individuals governed by subdivision 2. 2.13The commissioner may disclose private data collected under this section to early childhood 2.14care and education experts at the University of Minnesota to evaluate the impact of the 2.15grants under subdivision 2 on children's school readiness and to evaluate the FFN grant 2.16program. The commissioner may disclose the names and addresses of FFN caregivers to 2.17the commissioner of education for purposes of promoting and evaluating school readiness.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 clear and convincing  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 clear and convincing  evidence is 2.31for a felony, gross misdemeanor, or misdemeanor level crime; or2.32    (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; or3.9    (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 
         609.22313.20(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); 
         609.2753.28(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); 
         609.5213.30(possession of shoplifting gear); 
         609.525 (bringing stolen goods into Minnesota); 
         609.5273.31(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); 
         609.714.2(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 clear 4.27and convincing  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); 
         609.23355.9(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); 
         609.6115.16(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 25.19(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 clear 6.5and convincing  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); 
         609.2246.18(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); 
         617.236.28(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; or7.3    (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 clear 7.20and convincing 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 paragraphs (b), (c) and (d), 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:7.32    (1) disqualified for a crime or conduct listed under section 
         245C.15, subdivision 1, 7.33and;7.34    (2) whose disqualification was set aside prior to July 1, 2005, the commissioner 7.35must consider granting; and8.1    (3) was granted a variance pursuant to section 245C.30 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 under this section prior to August 1, 2008, is eligible to request a set-aside 8.7under paragraph (c).8.8    (c) For any individual who was disqualified for a crime or conduct listed under 8.9section 245C.15, subdivision 1, and whose disqualification was set aside prior to July 1, 8.102005, the commissioner must consider granting a set-aside pursuant to section 245C.22. 8.11An employer who hires any individual who provides in-home services shall monitor 8.12service provision with the client by telephone at least quarterly.8.13    (d) For an individual who was disqualified for an offense under section 609.66, 8.14subdivision 1e, that was committed when the individual was a minor, and more than seven 8.15years has passed since the incident, during which time the individual has attended and 8.16graduated from college, the commissioner may consider setting aside the disqualification 8.17for a children's residential facility licensed by the Department of Corrections.8.18EFFECTIVE DATE.This section is effective August 1, 2008.8.19    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 clear and convincing  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); 
         609.7138.35(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); 
         609.719.2(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); 
         609.669.4(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); 
         609.2319.11(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 
         609.26659.14(manslaughter of an unborn child in the first or second degree); 
         609.267 to 
         609.26729.15(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 
         617.239.17(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 
         609.3779.21(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.229.35who is disqualified on the basis of a preponderance of clear and convincing  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 of10.23clear and convincing  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 clear and convincing  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 
         626.55711.34after 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 clear and convincing 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 
         626.55613.26and 
         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) a preponderance of the evidence shows the individual has committed 13.30maltreatment under section 
         626.556 or 
         626.557, which is serious or recurring; 13.31    (2) clear and convincing evidence shows the individual has 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) a preponderance of the evidence shows the individual has 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 adopted persons are met in the planning and 14.28granting of adoptions; and14.29    (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    Subd. 2a.Adult adoption."Adult adoption" means the adoption of a person 14.34at least 18 years of age.15.1    Sec. 15. Minnesota Statutes 2006, section 259.22, subdivision 2, is amended to read:15.2    Subd. 2. ChildrenPersons who may be adopted. No petition for adoption shall be 15.3filed unless the childperson 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 if15.6    (a) the child person to be adopted 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 person to be adopted, 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 person to be adopted, if known, and any known 15.26aliases;15.27    (f) The name to be given the childperson to be adopted if a change of name is 15.28desired;15.29    (g) The description and value of any real or personal property owned by the child15.30person to be adopted;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 person to be adopted and that adoption 15.33is in the best interests of the child for the child person 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. [259.241] ADULT ADOPTION.16.5    (a) Any adult person may be adopted, regardless of his or her residence. A resident 16.6of Minnesota may petition the court of record having jurisdiction of adoption proceedings 16.7to adopt an individual who has reached the age of 18 years or older.16.8    (b) The consent of the person to be adopted shall be the only consent necessary, 16.9according to section 259.24. The consent of an adult in his or her own adoption is invalid 16.10if the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21, 16.11or if the person consenting to the adoption is determined not competent to give consent.16.12    (c) The decree of adoption establishes a parent-child relationship between the 16.13adopting parent or parents and the person adopted, including the right to inherit, and also 16.14terminates the parental rights and sibling relationship between the adopted person and the 16.15adopted person's birth parents and siblings according to section 259.59.16.16    (d) If the adopted person requests a change of name, the adoption decree shall 16.17order the name change.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 
         256.01, 16.31subdivision 2, paragraph (h), 259.67
         , 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 asthe 16.34background study required by sections 245C.33 and 259.53, subdivision 2, paragraph (c). 17.1by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the 17.2case of a stepparent adoption, a background study must be completed on the stepparent 17.3and any children as required under subdivision 3, paragraph (b), except that a child of 17.4the stepparent does not need to have a background study complete if they are a sibling 17.5through birth or adoption of the person being adopted. The local social services agency 17.6of the county in which the prospective adoptive parent lives must initiate a background 17.7study unless a child-placing agency has been involved with the adoption. The local social 17.8service agency may charge a reasonable fee for the background study. If a placement is 17.9being made the background study must be completed prior to placement pursuant to 17.10section 259.29, subdivision 1, paragraph (c).  Background study results must be filed with 17.11the adoption petition according to section 259.22, except in an adult adoption where an 17.12adoption study and background study are not needed.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 or an adult adoption under 17.20section 259.241, a birth parent or an agency, if an agency placement, shall provide a 17.21prospective adoptive parent with a complete, thorough, detailed, and current social and 17.22medical history of the birth families child being adopted, if information is known after 17.23reasonable inquiry. Each birth familychild social and medical history must be provided 17.24on a form or forms prepared by the commissioner and must include background and health 17.25history specific to the child, the child's birth parents, and the child's other birth relatives. 17.26Applicable background and health information about the child includes: the child's current 17.27health condition, behavior, and demeanor; placement history; education history; sibling 17.28information; and birth, medical, dental, and immunization information. Redacted copies of 17.29pertinent records, assessments, and evaluations shall be attached to the child's social and 17.30medical history. Applicable background information about the child's birth parents and 17.31other birth relatives includes: general background information; education and employment 17.32history; physical health and mental health history; and reasons for the child's placement. 17.33The child's social and medical history shall be completed 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 18.1familychild's social and medical history must be provided to the prospective adoptive 18.2family prior to adoptive placement, provided to the Department of Human Services 18.3with application for adoption assistance, if applicable, and filed with the court when the 18.4adoption petition is filed, or,. In a direct adoptive placement, the child's social and medical 18.5history must be filed with the court 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. The filing of a certified copy of an order from a 18.19juvenile protection matter under chapter 260C containing a finding that certification of the 18.20requisite search of the Minnesota Fathers' Adoption Registry was filed with the court in 18.21that matter shall also constitute proof of search. 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 countysocial services agency responsible for the report under 18.26section 
         259.53, subdivision 1, or the responsible social services agency that is a petitioner 18.27in a juvenile protection matter under chapter 260C 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, the child's guardian ad litem appointed under: (1) section 260C.163 when 19.1the guardian's appointment continues under section 260C.317, subdivision 3, paragraph 19.2(b); or (2) section 259.65 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 childperson to be adopted 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 childperson to be adopted shall 19.17be the child of the petitioner. In the decree the court may change the name of the child19.18adopted person if desired. After the decree is granted for a childan adopted person 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; or19.24    (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 person to be adopted, the court shall deny the petition, and in the case of a child 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 childadopted person 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 childadopted person shall inherit from the adoptive parents or their 20.5relatives the same as though the childadopted person were the natural child of the parents, 20.6and in case of the child'sadopted person's death intestate the adoptive parents and their 20.7relatives shall inherit the child'sadopted person's estate as if theythe adopted person had 20.8been the child's birth parents and relatives. After a decree of adoption is entered the birth 20.9parents of an adopted childperson shall be relieved of all parental responsibilities for the 20.10child adopted person, and they shall not exercise or have any rights over the adopted 20.11childperson or the child'sadopted person's property. The childadopted person shall not 20.12owe the birth parents or their relatives any legal duty nor shall the childadopted person 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 childperson whose birth parent or parents are enrolled in 20.18an American Indian tribe shall not change the child'sperson's  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 child's 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 Modification or termination of the adoption assistance 21.13agreement.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 child 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    Subd. 3a.Recovery of overpayments.An amount of adoption assistance paid to 21.30an adoptive parent in excess of the payment due is recoverable by the commissioner, 21.31even when the overpayment was caused by agency error or circumstances outside the 21.32responsibility and control of the family or provider. Adoption assistance amounts covered 21.33by this subdivision include basic maintenance needs payments, monthly supplemental 22.1maintenance needs payments, reimbursement of nonrecurring adoption expenses, 22.2reimbursement of special nonmedical costs, and reimbursement of medical costs.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; or22.14    (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; or22.16    (iii) the child's relative, as defined in section 260C.007, subdivision 27, desires to 22.17adopt the child, and it is determined by the placing agency that the adoption is in the 22.18best interest of the child.22.19    (3)(i) The child has beenis 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. A child who is adopted by the child's 22.27legal custodian or guardian shall not be eligible for state-funded adoption assistance.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), or section 473(c)(2)(A) of the Social Security Act, 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 23.11andor 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,placed in an adoptive home 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 agent or licensed child-placing agency 23.18when known or the commissioner of human services when the agency is not known 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 servicesservices' agent or a licensed 23.23child-placing agency 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 when it is 24.2determined to be reasonable by the commissioner; otherwise contact shall be by mail or 24.3telephone. 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) (1) the nature of the information requested by the adopted person;24.7    (b) (2) the date of the request of the adopted person;24.8    (c) (3) 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) (4) the right of the parent to file a consent to disclosure with the commissioner 24.12of health at any time; and24.13    (e) (5) 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 certifiesservices' agent or licensed child-placing agency 24.18document 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    Subd. 7.Adult adoptions.Notwithstanding section 144.218, a person adopted 24.31as an adult shall be permitted to access the person's birth records that existed prior to 24.32the adult adoption. Access to the existing birth records shall be the same access that 24.33was permitted prior to the adult adoption.25.1    Sec. 34. [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF 25.2CHILDREN.25.3ARTICLE I. PURPOSE25.4    The purpose of this Interstate Compact for the Placement of Children is to:25.5    A. Provide a process through which children subject to this compact are placed in 25.6safe and suitable homes in a timely manner.25.7    B. Facilitate ongoing supervision of a placement, the delivery of services, and 25.8communication between the states.25.9    C. Provide operating procedures that will ensure that children are placed in safe and 25.10suitable homes in a timely manner.25.11    D. Provide for the promulgation and enforcement of administrative rules 25.12implementing the provisions of this compact and regulating the covered activities of 25.13the member states.25.14    E. Provide for uniform data collection and information sharing between member 25.15states under this compact.25.16    F. Promote coordination between this compact, the Interstate Compact for Juveniles, 25.17the Interstate Compact on Adoption and Medical Assistance and other compacts affecting 25.18the placement of and which provide services to children otherwise subject to this compact.25.19    G. Provide for a state's continuing legal jurisdiction and responsibility for placement 25.20and care of a child that it would have had if the placement were intrastate.25.21    H. Provide for the promulgation of guidelines, in collaboration with Indian tribes, 25.22for interstate cases involving Indian children as is or may be permitted by federal law.25.23ARTICLE II. DEFINITIONS25.24    As used in this compact, 25.25    A. "Approved placement" means the public child-placing agency in the receiving 25.26state has determined that the placement is both safe and suitable for the child.25.27    B. "Assessment" means an evaluation of a prospective placement by a public 25.28child-placing agency to determine whether the placement meets the individualized needs 25.29of the child, including but not limited to the child's safety and stability, health and 25.30well-being, and mental, emotional, and physical development. An assessment is only 25.31applicable to a placement by a public child-placing agency.25.32    C. "Child" means an individual who has not attained the age of eighteen (18).25.33    D. "Certification" means to attest, declare or sworn to before a judge or notary public.25.34    E. "Default" means the failure of a member state to perform the obligations or 25.35responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate 25.36Commission.26.1    F. "Home Study" means an evaluation of a home environment conducted according 26.2to the applicable requirements of the State in which the home is located, and documents 26.3the preparation and the suitability of the placement resource for placement of a child 26.4according to the laws and requirements of the state in which the home is located.26.5    G. "Indian tribe" means any Indian tribe, band, nation, or other organized group 26.6or community of Indians recognized as eligible for services provided to Indians by the 26.7Secretary of the Interior because of their status as Indians, including any Alaskan native 26.8village as defined in section 3 (c) of the Alaska Native Claims settlement Act at 43 USC 26.9��1602(c).26.10    H. "Interstate Commission for the Placement of Children" means the commission 26.11that is created under Article VIII of this compact and which is generally referred to as the 26.12Interstate Commission.26.13    I. "Jurisdiction" means the power and authority of a court to hear and decide matters.26.14    J. "Legal Risk Placement" ("Legal Risk Adoption") means a placement made 26.15preliminary to an adoption where the prospective adoptive parents acknowledge in writing 26.16that a child can be ordered returned to the sending state or the birth mother's state of 26.17residence, if different from the sending state and a final decree of adoption shall not be 26.18entered in any jurisdiction until all required consents are obtained or are dispensed with 26.19according to applicable law.26.20    K. "Member state" means a state that has enacted this compact.26.21    L. "Non-custodial parent" means a person who, at the time of the commencement 26.22of court proceedings in the sending state, does not have sole legal custody of the child 26.23or has joint legal custody of a child, and who is not the subject of allegations or findings 26.24of child abuse or neglect.26.25    M. "Non-member state" means a state which has not enacted this compact.26.26    N. "Notice of residential placement" means information regarding a placement 26.27into a residential facility provided to the receiving state including, but not limited to the 26.28name, date and place of birth of the child, the identity and address of the parent or legal 26.29guardian, evidence of authority to make the placement, and the name and address of 26.30the facility in which the child will be placed. Notice of residential placement shall also 26.31include information regarding a discharge and any unauthorized absence from the facility.26.32    O. "Placement" means the act by a public or private child-placing agency intended 26.33to arrange for the care or custody of a child in another state.26.34    P. "Private child-placing agency" means any private corporation, agency, foundation, 26.35institution, or charitable organization, or any private person or attorney that facilitates, 27.1causes, or is involved in the placement of a child from one state to another and that is not 27.2an instrumentality of the state or acting under color of state law.27.3    Q. "Provisional placement" means a determination made by the public child-placing 27.4agency in the receiving state that the proposed placement is safe and suitable, and, to the 27.5extent allowable, the receiving state has temporarily waived its standards or requirements 27.6otherwise applicable to prospective foster or adoptive parents so as to not delay the 27.7placement. Completion of an assessment and the receiving state requirements regarding 27.8training for prospective foster or adoptive parents shall not delay an otherwise safe and 27.9suitable placement.27.10    R. "Public child-placing agency" means any government child welfare agency or 27.11child protection agency or a private entity under contract with such an agency, regardless 27.12of whether they act on behalf of a state, county, municipality or other governmental unit 27.13and which facilitates, causes, or is involved in the placement of a child from one state 27.14to another.27.15    S. "Receiving state" means the state to which a child is sent, brought, or caused to 27.16be sent or brought.27.17    T. "Relative" means someone who is related to the child as a parent, step-parent, 27.18sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a 27.19non-relative with such significant ties to the child that they may be regarded as relatives as 27.20determined by the court in the sending state.27.21    U. "Residential Facility" means a facility providing a level of care that is sufficient 27.22to substitute for parental responsibility or foster care, and is beyond what is needed for 27.23assessment or treatment of an acute condition. For purposes of the compact, residential 27.24facilities do not include institutions primarily educational in character, hospitals or other 27.25medical facilities.27.26    V. "Rule" means a written directive, mandate, standard or principle issued by the 27.27Interstate Commission promulgated pursuant to Article XI of this compact that is of 27.28general applicability and that implements, interprets or prescribes a policy or provision of 27.29the compact. "Rule" has the force and effect of an administrative rule in a member state, 27.30and includes the amendment, repeal, or suspension of an existing rule.27.31    W. "Sending state" means the state from which the placement of a child is initiated.27.32    X. "Service member's permanent duty station" means the military installation where 27.33an active duty Armed Services member is currently assigned and is physically located 27.34under competent orders that do not specify the duty as temporary.27.35    Y. "Service member's state of legal residence" means the state in which the active 27.36duty Armed Services member is considered a resident for tax and voting purposes.28.1    Z. "State" means a state of the United States, the District of Columbia, the 28.2Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the 28.3Northern Marianas Islands and any other territory of the United States.28.4    AA. "State court" means a judicial body of a state that is vested by law with 28.5responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or 28.6status offenses of individuals who have not attained the age of eighteen (18).28.7    BB. "Supervision" means monitoring provided by the receiving state once a child 28.8has been placed in a receiving state pursuant to this compact.28.9ARTICLE III. APPLICABILITY28.10    A. Except as otherwise provided in Article III, Section B, this compact shall apply to:28.11    1. The interstate placement of a child in a custody proceeding in which a public 28.12child placing agency is not a party, provided, the placement is not intended to effectuate an 28.13adoption.28.14    2. The interstate placement of a child subject to ongoing court jurisdiction in the 28.15sending state, due to allegations or findings that the child has been abused, neglected, or 28.16deprived as defined by the laws of the sending state, provided, however, that the placement 28.17of such a child into a residential facility shall only require notice of residential placement 28.18to the receiving state prior to placement.28.19    3. The interstate placement of a child adjudicated delinquent or unmanageable 28.20based on the laws of the sending state and subject to ongoing court jurisdiction of the 28.21sending state if:28.22    a. the child is being placed in a residential facility in another member state and 28.23is not covered under another compact; or28.24    b. the child is being placed in another member state and the determination of safety 28.25and suitability of the placement and services required is not provided through another 28.26compact.28.27    4. The interstate placement of any child by a public child-placing agency or private 28.28child-placing agency as defined in this compact as a preliminary step to a possible 28.29adoption.28.30    B. The provisions of this compact shall not apply to:28.31    1. The interstate placement of a child with a non-relative in a receiving state by a 28.32parent with the legal authority to make such a placement provided, however, that the 28.33placement is not intended to effectuate an adoption.28.34    2. The interstate placement of a child by one relative with the lawful authority to 28.35make such a placement directly with a relative in a receiving state.29.1    3. The placement of a child, not subject to Article III, Section A, into a residential 29.2facility by his parent.29.3    4. The placement of a child with a non-custodial parent provided that:29.4    a. The non-custodial parent proves to the satisfaction of a court in the sending state a 29.5substantial relationship with the child; and29.6    b. The court in the sending state makes a written finding that placement with the 29.7non-custodial parent is in the best interests of the child; and29.8    c. The court in the sending state dismisses its jurisdiction over the child's case.29.9    5. A child entering the United States from a foreign country for the purpose of 29.10adoption or leaving the United States to go to a foreign country for the purpose of 29.11adoption in that country.29.12    6. Cases in which a U.S. citizen child living overseas with his family, at least one 29.13of whom is in the U.S. Armed Services, and who is stationed overseas, is removed and 29.14placed in a state.29.15    7. The sending of a child by a public child-placing agency or a private child-placing 29.16agency for a visit as defined by the rules of the Interstate Commission.29.17    C. For purposes of determining the applicability of this compact to the placement of 29.18a child with a family in the Armed Services, the public child-placing agency or private 29.19child-placing agency may choose the state of the service member's permanent duty station 29.20or the service member's declared legal residence.29.21    D. Nothing in this compact shall be construed to prohibit the concurrent application 29.22of the provisions of this compact with other applicable interstate compacts including the 29.23Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical 29.24Assistance. The Interstate Commission may in cooperation with other interstate compact 29.25commissions having responsibility for the interstate movement, placement or transfer of 29.26children, promulgate like rules to ensure the coordination of services, timely placement 29.27of children, and the reduction of unnecessary or duplicative administrative or procedural 29.28requirements.29.29ARTICLE IV. JURISDICTION29.30    A. Except as provided in Article IV, Section G, concerning private and independent 29.31adoptions, and in interstate placements in which the public child placing agency is not a 29.32party to a custody proceeding the sending state shall retain jurisdiction over a child with 29.33respect to all matters of custody and disposition of the child which it would have had if the 29.34child had remained in the sending state. Such jurisdiction shall also include the power to 29.35order the return of the child to the sending state.30.1    B. When an issue of child protection or custody is brought before a court in the 30.2receiving state, such court shall confer with the court of the sending state to determine the 30.3most appropriate forum for adjudication.30.4    C. In accordance with its own laws, the court in the sending state shall have authority 30.5to terminate its jurisdiction if:30.6    1. The child is reunified with the parent in the receiving state who is the subject 30.7of allegations or findings of abuse or neglect, only with the concurrence of the public 30.8child-placing agency in the receiving state; or30.9    2. The child is adopted;30.10    3. The child reaches the age of majority under the laws of the sending state; or30.11    4. The child achieves legal independence pursuant to the laws of the sending state; or30.12    5. A guardianship is created by a court in the receiving state with the concurrence of 30.13the court in the sending state; or30.14    6. An Indian tribe has petitioned for and received jurisdiction from the court in 30.15the sending state; or30.16    7. The public child-placing agency of the sending state requests termination and has 30.17obtained the concurrence of the public child-placing agency in the receiving the state.30.18    D. When a sending state court terminates its jurisdiction, the receiving state 30.19child-placing agency shall be notified.30.20    E. Nothing in this article shall defeat a claim of jurisdiction by a receiving state 30.21court sufficient to deal with an act of truancy, delinquency, crime or behavior involving a 30.22child as defined by the laws of the receiving state committed by the child in the receiving 30.23state which would be a violation of its laws.30.24    F. Nothing in this article shall limit the receiving state's ability to take emergency 30.25jurisdiction for the protection of the child.30.26    G. The substantive laws of the state in which an adoption will be finalized shall 30.27solely govern all issues relating to the adoption of the child and the court in which the 30.28adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive 30.29issues relating to the adoption, except:30.30    1. when the child is a ward of another court that established jurisdiction over the 30.31child prior to the placement;30.32    2. when the child is in the legal custody of a public agency in the sending state; or30.33    3. when the court in the sending state has otherwise appropriately assumed 30.34jurisdiction over the child, prior to the submission of the request for approval of placement.30.35ARTICLE V. PLACEMENT EVALUATION31.1    A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving 31.2state, the public child-placing agency shall provide a written request for assessment to 31.3the receiving state.31.4    B. For placements by a private child-placing agency, a child may be sent or brought, 31.5or caused to be sent or brought, into a receiving state, upon receipt and immediate review 31.6of the required content to accompany a request for approval of a placement in both the 31.7sending and receiving state public child-placing agency. The required content for a request 31.8for provisional approval shall include all of the following:31.9    1. A request for approval identifying the child, birth parents, the prospective adoptive 31.10parents, and the supervising agency, signed by the person requesting approval; and31.11    2. The appropriate consents or relinquishments signed by the birth parents in 31.12accordance with the laws of the sending state, or where permitted by the laws of the state 31.13where the adoption will be finalized; and31.14    3. Certification by a licensed attorney or other authorized agent of a private adoption 31.15agency that the consent or relinquishment is in compliance with the applicable laws of the 31.16sending state, or where permitted the laws of the state where finalization of the adoption 31.17will occur; and31.18    4. A home study; and31.19    5. An acknowledgment of legal risk signed by the prospective adoptive parents.31.20    C. The sending state and the receiving state may request additional information or 31.21documents prior to finalization of an approved placement, but they may not delay travel 31.22by the prospective adoptive parents with the child if the required content for approval 31.23has been submitted, received, and reviewed by the public child-placing agency in both 31.24the sending state and the receiving state.31.25    D. Approval from the public child-placing agency in the receiving state for a 31.26provisional or approved placement is required as provided for in the rules of the Interstate 31.27Commission.31.28    E. The procedures for making, and the request for an assessment, shall contain all 31.29information and be in such form as provided for in the rules of the Interstate Commission.31.30    F. Upon receipt of a request from the public child-placing agency of the sending 31.31state, the receiving state shall initiate an assessment of the proposed placement to 31.32determine its safety and suitability. If the proposed placement is a placement with a 31.33relative, the public child-placing agency of the sending state may request a determination 31.34for a provisional placement.31.35    G. The public child-placing agency in the receiving state may request from the 31.36public child-placing agency or the private child-placing agency in the sending state, and 32.1shall be entitled to receive supporting or additional information necessary to complete 32.2the assessment.32.3ARTICLE VI. PLACEMENT AUTHORITY32.4    A. Except as otherwise provided in this compact, no child subject to this compact 32.5shall be placed into a receiving state until approval for such placement is obtained.32.6    B. If the public child-placing agency in the receiving state does not approve 32.7the proposed placement then the child shall not be placed. The receiving state shall 32.8provide written documentation of any such determination in accordance with the rules 32.9promulgated by the Interstate Commission. Such determination is not subject to judicial 32.10review in the sending state.32.11    C. If the proposed placement is not approved, any interested party shall have 32.12standing to seek an administrative review of the receiving state's determination.32.13    1. The administrative review and any further judicial review associated with 32.14the determination shall be conducted in the receiving state pursuant to its applicable 32.15administrative procedures.32.16    2. If a determination not to approve the placement of the child in the receiving state 32.17is overturned upon review, the placement shall be deemed approved, provided however 32.18that all administrative or judicial remedies have been exhausted or the time for such 32.19remedies has passed.32.20ARTICLE VII. PLACING AGENCY RESPONSIBILITY32.21    A. For the interstate placement of a child made by a public child-placing agency 32.22or state court:32.23    1. The public child-placing agency in the sending state shall have financial 32.24responsibility for:32.25    a. the ongoing support and maintenance for the child during the period of the 32.26placement, unless otherwise provided for in the receiving state; and32.27    b. as determined by the public child-placing agency in the sending state, services for 32.28the child beyond the public services for which the child is eligible in the receiving state.32.29    2. The receiving state shall only have financial responsibility for:32.30    a. any assessment conducted by the receiving state; and32.31    b. supervision conducted by the receiving state at the level necessary to support 32.32the placement as agreed upon by the public child-placing agencies of the receiving and 32.33sending state.32.34    3. Nothing in this provision shall prohibit public child-placing agencies in the 32.35sending state from entering into agreements with licensed agencies or persons in the 32.36receiving state to conduct assessments and provide supervision.33.1    B. For the placement of a child by a private child-placing agency preliminary to a 33.2possible adoption, the private child-placing agency shall be:33.3    1. Legally responsible for the child during the period of placement as provided for in 33.4the law of the sending state until the finalization of the adoption.33.5    2. Financially responsible for the child absent a contractual agreement to the 33.6contrary.33.7    C. The public child-placing agency in the receiving state shall provide timely 33.8assessments, as provided for in the rules of the Interstate Commission.33.9    D. The public child-placing agency in the receiving state shall provide, or arrange 33.10for the provision of, supervision and services for the child, including timely reports, 33.11during the period of the placement.33.12    E. Nothing in this compact shall be construed as to limit the authority of the public 33.13child-placing agency in the receiving state from contracting with a licensed agency or 33.14person in the receiving state for an assessment or the provision of supervision or services 33.15for the child or otherwise authorizing the provision of supervision or services by a licensed 33.16agency during the period of placement.33.17    F. Each member state shall provide for coordination among its branches of 33.18government concerning the state's participation in, and compliance with, the compact and 33.19Interstate Commission activities, through the creation of an advisory council or use of an 33.20existing body or board.33.21    G. Each member state shall establish a central state compact office, which shall 33.22be responsible for state compliance with the compact and the rules of the Interstate 33.23Commission.33.24    H. The public child-placing agency in the sending state shall oversee compliance 33.25with the provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) for placements 33.26subject to the provisions of this compact, prior to placement.33.27    I. With the consent of the Interstate Commission, states may enter into limited 33.28agreements that facilitate the timely assessment and provision of services and supervision 33.29of placements under this compact.33.30ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN33.31    The member states hereby establish, by way of this compact, a commission known 33.32as the "Interstate Commission for the Placement of Children." The activities of the 33.33Interstate Commission are the formation of public policy and are a discretionary state 33.34function. The Interstate Commission shall:34.1    A. Be a joint commission of the member states and shall have the responsibilities, 34.2powers and duties set forth herein, and such additional powers as may be conferred upon it 34.3by subsequent concurrent action of the respective legislatures of the member states.34.4    B. Consist of one commissioner from each member state who shall be appointed by 34.5the executive head of the state human services administration with ultimate responsibility 34.6for the child welfare program. The appointed commissioner shall have the legal authority 34.7to vote on policy related matters governed by this compact binding the state.34.8    1. Each member state represented at a meeting of the Interstate Commission is 34.9entitled to one vote.34.10    2. A majority of the member states shall constitute a quorum for the transaction of 34.11business, unless a larger quorum is required by the bylaws of the Interstate Commission.34.12    3. A representative shall not delegate a vote to another member state.34.13    4. A representative may delegate voting authority to another person from their state 34.14for a specified meeting.34.15    C. In addition to the commissioners of each member state, the Interstate Commission 34.16shall include persons who are members of interested organizations as defined in the bylaws 34.17or rules of the Interstate Commission. Such members shall be ex officio and shall not be 34.18entitled to vote on any matter before the Interstate Commission.34.19    D. Establish an executive committee which shall have the authority to administer 34.20the day-to-day operations and administration of the Interstate Commission. It shall not 34.21have the power to engage in rulemaking.34.22ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION34.23    The Interstate Commission shall have the following powers:34.24    A. To promulgate rules and take all necessary actions to effect the goals, purposes 34.25and obligations as enumerated in this compact.34.26    B. To provide for dispute resolution among member states.34.27    C. To issue, upon request of a member state, advisory opinions concerning the 34.28meaning or interpretation of the interstate compact, its bylaws, rules or actions.34.29    D. To enforce compliance with this compact or the bylaws or rules of the Interstate 34.30Commission pursuant to Article XII.34.31    E. Collect standardized data concerning the interstate placement of children subject 34.32to this compact as directed through its rules which shall specify the data to be collected, 34.33the means of collection and data exchange and reporting requirements.34.34    F. To establish and maintain offices as may be necessary for the transacting of its 34.35business.34.36    G. To purchase and maintain insurance and bonds.35.1    H. To hire or contract for services of personnel or consultants as necessary to 35.2carry out its functions under the compact and establish personnel qualification policies, 35.3and rates of compensation.35.4    I. To establish and appoint committees and officers including, but not limited to, an 35.5executive committee as required by Article X.35.6    J. To accept any and all donations and grants of money, equipment, supplies, 35.7materials, and services, and to receive, utilize, and dispose thereof.35.8    K. To lease, purchase, accept contributions or donations of, or otherwise to own, 35.9hold, improve or use any property, real, personal, or mixed.35.10    L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose 35.11of any property, real, personal or mixed.35.12    M. To establish a budget and make expenditures.35.13    N. To adopt a seal and bylaws governing the management and operation of the 35.14Interstate Commission.35.15    O. To report annually to the legislatures, governors, the judiciary, and state advisory 35.16councils of the member states concerning the activities of the Interstate Commission 35.17during the preceding year. Such reports shall also include any recommendations that may 35.18have been adopted by the Interstate Commission.35.19    P. To coordinate and provide education, training and public awareness regarding the 35.20interstate movement of children for officials involved in such activity.35.21    Q. To maintain books and records in accordance with the bylaws of the Interstate 35.22Commission.35.23    R. To perform such functions as may be necessary or appropriate to achieve the 35.24purposes of this compact.35.25ARTICLE X. ORGANIZATION AND OPERATION OF THE 35.26INTERSTATE COMMISSION35.27    A. Bylaws35.28    1. Within 12 months after the first Interstate Commission meeting, the Interstate 35.29Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate 35.30to carry out the purposes of the compact.35.31    2. The Interstate Commission's bylaws and rules shall establish conditions and 35.32procedures under which the Interstate Commission shall make its information and official 35.33records available to the public for inspection or copying. The Interstate Commission may 35.34exempt from disclosure information or official records to the extent they would adversely 35.35affect personal privacy rights or proprietary interests.35.36    B. Meetings36.1    1. The Interstate Commission shall meet at least once each calendar year. The 36.2chairperson may call additional meetings and, upon the request of a simple majority of the 36.3member states shall call additional meetings.36.4    2. Public notice shall be given by the Interstate Commission of all meetings and 36.5all meetings shall be open to the public, except as set forth in the rules or as otherwise 36.6provided in the compact. The Interstate Commission and its committees may close a 36.7meeting, or portion thereof, where it determines by two-thirds vote that an open meeting 36.8would be likely to:36.9    a. relate solely to the Interstate Commission's internal personnel practices and 36.10procedures; or36.11    b. disclose matters specifically exempted from disclosure by federal law; or36.12    c. disclose financial or commercial information which is privileged, proprietary or 36.13confidential in nature; or36.14    d. involve accusing a person of a crime, or formally censuring a person; or36.15    e. disclose information of a personal nature where disclosure would constitute 36.16a clearly unwarranted invasion of personal privacy or physically endanger one or more 36.17persons; or36.18    f. disclose investigative records compiled for law enforcement purposes; or36.19    g. specifically relate to the Interstate Commission's participation in a civil action 36.20or other legal proceeding.36.21    3. For a meeting, or portion of a meeting, closed pursuant to this provision, the 36.22Interstate Commission's legal counsel or designee shall certify that the meeting may be 36.23closed and shall reference each relevant exemption provision. The Interstate Commission 36.24shall keep minutes which shall fully and clearly describe all matters discussed in a meeting 36.25and shall provide a full and accurate summary of actions taken, and the reasons therefore, 36.26including a description of the views expressed and the record of a roll call vote. All 36.27documents considered in connection with an action shall be identified in such minutes. All 36.28minutes and documents of a closed meeting shall remain under seal, subject to release by a 36.29majority vote of the Interstate Commission or by court order.36.30    4. The bylaws may provide for meetings of the Interstate Commission to be 36.31conducted by telecommunication or other electronic communication.36.32    C. Officers and Staff36.33    1. The Interstate Commission may, through its executive committee, appoint or 36.34retain a staff director for such period, upon such terms and conditions and for such 36.35compensation as the Interstate Commission may deem appropriate. The staff director shall 37.1serve as secretary to the Interstate Commission, but shall not have a vote. The staff director 37.2may hire and supervise such other staff as may be authorized by the Interstate Commission.37.3    2. The Interstate Commission shall elect, from among its members, a chairperson 37.4and a vice chairperson of the executive committee and other necessary officers, each of 37.5whom shall have such authority and duties as may be specified in the bylaws.37.6    D. Qualified Immunity, Defense and Indemnification37.7    1. The Interstate Commission's staff director and its employees shall be immune 37.8from suit and liability, either personally or in their official capacity, for a claim for damage 37.9to or loss of property or personal injury or other civil liability caused or arising out of or 37.10relating to an actual or alleged act, error, or omission that occurred, or that such person had 37.11a 	reasonable basis for believing occurred within the scope of Commission employment, 37.12duties, or responsibilities; provided, that such person shall 	not be protected from suit or 37.13liability for damage, loss, injury, or liability caused by a criminal act or the intentional or 37.14willful and wanton misconduct of such person.37.15    a. The liability of the Interstate Commission's staff director and employees 37.16or Interstate Commission representatives, acting within the scope of such person's 37.17employment or duties for acts, errors, or omissions occurring within such person's state 37.18may not exceed the limits of liability set forth under the Constitution and laws of that state 37.19for state officials, employees, and agents. The Interstate Commission is considered to 37.20be an instrumentality of the states for the purposes of any such action. Nothing in this 37.21subsection shall be construed to protect such person from suit or liability for damage, 37.22loss, injury, or liability caused by a criminal act or the intentional or willful and wanton 37.23misconduct of such person.37.24    b. The Interstate Commission shall defend the staff director and its employees and, 37.25subject to the approval of the Attorney General or other appropriate legal counsel of the 37.26member state shall defend the commissioner of a member state in a civil action seeking 37.27to impose liability arising out of an actual or alleged act, error or omission that occurred 37.28within the scope of Interstate Commission employment, duties or responsibilities, or that 37.29the defendant had a reasonable basis for believing occurred within the scope of Interstate 37.30Commission employment, duties, or responsibilities, provided that the actual or alleged 37.31act, error, or omission did not result from intentional or willful and wanton misconduct on 37.32the part of such person.37.33    c. To the extent not covered by the state involved, member state, or the Interstate 37.34Commission, the representatives or employees of the Interstate Commission shall be 37.35held harmless in the amount of a settlement or judgment, including attorney's fees and 37.36costs, obtained against such persons arising out of an actual or alleged act, error, or 38.1omission that occurred within the scope of Interstate Commission employment, duties, or 38.2responsibilities, or that such persons had a reasonable basis for believing occurred within 38.3the scope of Interstate Commission employment, duties, or responsibilities, provided that 38.4the actual or alleged act, error, or omission did not result from intentional or willful and 38.5wanton misconduct on the part of such persons.38.6ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION38.7    A. The Interstate Commission shall promulgate and publish rules in order to 38.8effectively and efficiently achieve the purposes of the compact.38.9    B. Rulemaking shall occur pursuant to the criteria set forth in this article and the 38.10bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform 38.11to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform 38.12Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the 38.13Interstate Commission deems appropriate consistent with due process requirements under 38.14the United States Constitution as now or hereafter interpreted by the U. S. Supreme Court. 38.15All rules and amendments shall become binding as of the date specified, as published with 38.16the final version of the rule as approved by the Interstate Commission.38.17    C. When promulgating a rule, the Interstate Commission shall, at a minimum:38.18    1. Publish the proposed rule's entire text stating the reason(s) for that proposed 38.19rule; and38.20    2. Allow and invite any and all persons to submit written data, facts, opinions 38.21and arguments, which information shall be added to the record, and be made publicly 38.22available; and38.23    3. Promulgate a final rule and its effective date, if appropriate, based on input from 38.24state or local officials, or interested parties.38.25    D. Rules promulgated by the Interstate Commission shall have the force and effect 38.26of administrative rules and shall be binding in the compacting states to the extent and in 38.27the manner provided for in this compact.38.28    E. Not later than 60 days after a rule is promulgated, an interested person may file a 38.29petition in the U.S. District Court for the District of Columbia or in the Federal District 38.30Court where the Interstate Commission's principal office is located for judicial review 38.31of such rule. If the court finds that the Interstate Commission's action is not supported 38.32by substantial evidence in the rulemaking record, the court shall hold the rule unlawful 38.33and set it aside.38.34    F. If a majority of the legislatures of the member states rejects a rule, those states 38.35may by enactment of a statute or resolution in the same manner used to adopt the compact 38.36cause that such rule shall have no further force and effect in any member state.39.1    G. The existing rules governing the operation of the Interstate Compact on the 39.2Placement of Children superseded by this act shall be null and void no less than 12, but 39.3no more than 24 months after the first meeting of the Interstate Commission created 39.4hereunder, as determined by the members during the first meeting.39.5    H. Within the first 12 months of operation, the Interstate Commission shall 39.6promulgate rules addressing the following:39.7    1. Transition rules39.8    2. Forms and procedures39.9    3. Time lines39.10    4. Data collection and reporting39.11    5. Rulemaking39.12    6. Visitation39.13    7. Progress reports/supervision39.14    8. Sharing of information/confidentiality39.15    9. Financing of the Interstate Commission39.16    10. Mediation, arbitration and dispute resolution39.17    11. Education, training and technical assistance39.18    12. Enforcement39.19    13. Coordination with other interstate compacts39.20    I. Upon determination by a majority of the members of the Interstate Commission 39.21that an emergency exists:39.22    1. The Interstate Commission may promulgate an emergency rule only if it is 39.23required to:39.24    a. Protect the children covered by this compact from an imminent threat to their 39.25health, safety and well-being; or39.26    b. Prevent loss of federal or state funds; or39.27    c. Meet a deadline for the promulgation of an administrative rule required by 39.28federal law.39.29    2. An emergency rule shall become effective immediately upon adoption, provided 39.30that the usual rulemaking procedures provided hereunder shall be retroactively applied 39.31to said rule as soon as reasonably possible, but no later than 90 days after the effective 39.32date of the emergency rule.39.33    3. An emergency rule shall be promulgated as provided for in the rules of the 39.34Interstate Commission.39.35ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT39.36    A. Oversight40.1    1. The Interstate Commission shall oversee the administration and operation of the 40.2compact.40.3    2. The executive, legislative and judicial branches of state government in each 40.4member state shall enforce this compact and the rules of the Interstate Commission and 40.5shall take all actions necessary and appropriate to effectuate the compact's purposes and 40.6intent. The compact and its rules shall be binding in the compacting states to the extent 40.7and in the manner provided for in this compact.40.8    3. All courts shall take judicial notice of the compact and the rules in any judicial 40.9or administrative proceeding in a member state pertaining to the subject matter of this 40.10compact.40.11    4. The Interstate Commission shall be entitled to receive service of process in any 40.12action in which the validity of a compact provision or rule is the issue for which a judicial 40.13determination has been sought and shall have standing to intervene in any proceedings. 40.14Failure to provide service of process to the Interstate Commission shall render any 40.15judgment, order or other determination, however so captioned or classified, void as to the 40.16Interstate Commission, this compact, its bylaws or rules of the Interstate Commission.40.17    B. Dispute Resolution40.18    1. The Interstate Commission shall attempt, upon the request of a member state, to 40.19resolve disputes which are subject to the compact and which may arise among member 40.20states and between member and non-member states.40.21    2. The Interstate Commission shall promulgate a rule providing for both mediation 40.22and binding dispute resolution for disputes among compacting states. The costs of such 40.23mediation or dispute resolution shall be the responsibility of the parties to the dispute.40.24    C. Enforcement40.25    1. If the Interstate Commission determines that a member state has defaulted in the 40.26performance of its obligations or responsibilities under this compact, its bylaws or rules, 40.27the Interstate Commission may:40.28    a. Provide remedial training and specific technical assistance; or40.29    b. Provide written notice to the defaulting state and other member states, of the 40.30nature of the default and the means of curing the default. The Interstate Commission shall 40.31specify the conditions by which the defaulting state must cure its default; or40.32    c. By majority vote of the members, initiate against a defaulting member state legal 40.33action in the United State District Court for the District of Columbia or, at the discretion 40.34of the Interstate Commission, in the federal district where the Interstate Commission has 40.35its principal office, to enforce compliance with the provisions of the compact, its bylaws 40.36or rules. The relief sought may include both injunctive relief and damages. In the event 41.1judicial enforcement is necessary the prevailing party shall be awarded all costs of such 41.2litigation including reasonable attorney's fees; or41.3    d. Avail itself of any other remedies available under state law or the regulation of 41.4official or professional conduct.41.5ARTICLE XIII. FINANCING OF THE COMMISSION41.6    A. The Interstate Commission shall pay, or provide for the payment of the reasonable 41.7expenses of its establishment, organization and ongoing activities.41.8    B. The Interstate Commission may levy on and collect an annual assessment from 41.9each member state to cover the cost of the operations and activities of the Interstate 41.10Commission and its staff which must be in a total amount sufficient to cover the Interstate 41.11Commission's annual budget as approved by its members each year. The aggregate annual 41.12assessment amount shall be allocated based upon a formula to be determined by the 41.13Interstate Commission which shall promulgate a rule binding upon all member states.41.14    C. The Interstate Commission shall not incur obligations of any kind prior to securing 41.15the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit 41.16of any of the member states, except by and with the authority of the member state.41.17    D. The Interstate Commission shall keep accurate accounts of all receipts and 41.18disbursements. The receipts and disbursements of the Interstate Commission shall be 41.19subject to the audit and accounting procedures established under its bylaws. However, 41.20all receipts and disbursements of funds handled by the Interstate Commission shall be 41.21audited yearly by a certified or licensed public accountant and the report of the audit shall 41.22be included in and become part of the annual report of the Interstate Commission.41.23ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT41.24    A. Any state is eligible to become a member state.41.25    B. The compact shall become effective and binding upon legislative enactment of 41.26the compact into law by no less than 35 states. The effective date shall be the later of July 41.271, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall 41.28become effective and binding as to any other member state upon enactment of the compact 41.29into law by that state. The executive heads of the state human services administration 41.30with ultimate responsibility for the child welfare program of non-member states or their 41.31designees shall be invited to participate in the activities of the Interstate Commission on a 41.32non-voting basis prior to adoption of the compact by all states.41.33    C. The Interstate Commission may propose amendments to the compact for 41.34enactment by the member states. No amendment shall become effective and binding 41.35on the member states unless and until it is enacted into law by unanimous consent of 41.36the member states.42.1ARTICLE XV. WITHDRAWAL AND DISSOLUTION42.2    A. Withdrawal42.3    1. Once effective, the compact shall continue in force and remain binding upon each 42.4and every member state; provided that a member state may withdraw from the compact 42.5specifically repealing the statute which enacted the compact into law.42.6    2. Withdrawal from this compact shall be by the enactment of a statute repealing 42.7the same. The effective date of withdrawal shall be the effective date of the repeal of 42.8the statute.42.9    3. The withdrawing state shall immediately notify the president of the Interstate 42.10Commission in writing upon the introduction of legislation repealing this compact in the 42.11withdrawing state. The Interstate Commission shall then notify the other member states of 42.12the withdrawing state's intent to withdraw.42.13    4. The withdrawing state is responsible for all assessments, obligations and liabilities 42.14incurred through the effective date of withdrawal.42.15    5. Reinstatement following withdrawal of a member state shall occur upon the 42.16withdrawing state reenacting the compact or upon such later date as determined by the 42.17members of the Interstate Commission.42.18    B. Dissolution of Compact42.19    1. This compact shall dissolve effective upon the date of the withdrawal or default 42.20of the member state which reduces the membership in the compact to one member state.42.21    2. Upon the dissolution of this compact, the compact becomes null and void and shall 42.22be of no further force or effect, and the business and affairs of the Interstate Commission 42.23shall be concluded and surplus funds shall be distributed in accordance with the bylaws.42.24ARTICLE XVI. SEVERABILITY AND CONSTRUCTION42.25    A. The provisions of this compact shall be severable, and if any phrase, clause, 42.26sentence or provision is deemed unenforceable, the remaining provisions of the compact 42.27shall be enforceable.42.28    B. The provisions of this compact shall be liberally construed to effectuate its 42.29purposes.42.30    C. Nothing in this compact shall be construed to prohibit the concurrent applicability 42.31of other interstate compacts to which the states are members.42.32ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS42.33    A. Other Laws42.34    1. Nothing herein prevents the enforcement of any other law of a member state 42.35that is not inconsistent with this compact.42.36    B. Binding Effect of the Compact43.1    1. All lawful actions of the Interstate Commission, including all rules and bylaws 43.2promulgated by the Interstate Commission, are binding upon the member states.43.3    2. All agreements between the Interstate Commission and the member states are 43.4binding in accordance with their terms.43.5    3. In the event any provision of this compact exceeds the constitutional limits 43.6imposed on the legislature of any member state, such provision shall be ineffective to the 43.7extent of the conflict with the constitutional provision in question in that member state.43.8ARTICLE XVIII. INDIAN TRIBES43.9    Notwithstanding any other provision in this compact, the Interstate Commission 43.10may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or 43.11all of the purposes of the compact as specified in Article I. The Interstate Commission 43.12shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to 43.13reflect the diverse circumstances of the various Indian tribes.43.14EFFECTIVE DATE.This section is effective upon legislative enactment of the 43.15compact into law by no less than 35 states. The commissioner of human services shall 43.16inform the Revisor of Statutes when this occurs.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.(a) 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    (b) The purpose of the laws relating to juvenile courts is:43.25    (1) 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    (2) to provide judicial procedures which protect the welfare of the child;43.29    (3) 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    (4) to ensure that when removal from the child's own family is necessary and in the 43.33child's best interests, the responsible social services agency has legal responsibility for 43.34the child removal either:44.1    (i) pursuant to a voluntary placement agreement between the child's parent or 44.2guardian and the responsible social services agency; or44.3    (ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or 44.4260C.201;44.5    (5) to ensure that, when placement is pursuant to court order, the court order 44.6removing the child or continuing the child in foster care contains an individualized 44.7determination that placement is in the best interests of the child that coincides with the 44.8actual removal of the child; and, when removal from the child's own family is necessary 44.9and in the child's best interests,44.10    (6) to secure forensure that when the child is removed, the child custody,child's 44.11care and discipline is, as nearly as possible, equivalent to that which should have been 44.12given by the parents. and is either in:44.13    (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, 44.14subdivision 1, paragraph (a), clause (1);44.15    (ii) the home of a relative pursuant to emergency placement by the responsible social 44.16services agency under chapter 245A; or44.17    (iii) a foster home licensed under chapter 245A.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, or 44.22that is physical or sexual abuse as defined in section 626.556, subdivision 2, 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 as defined in section 626.556, 44.30subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in 44.31subdivision 5 or domestic child abuse as defined in subdivision 5 13, (iii) resides with or 44.32would reside with a perpetrator of domestic child abuse as defined in subdivision 13 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; or45.21    (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 towho 45.25entered foster care under a  voluntary release byplacement agreement between  the parent 45.26and the responsible social services agency 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; or46.5    (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; or46.14    (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.; or46.17    (3) physical or sexual abuse as defined in section 626.556, subdivision 2.46.18    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 statusplacement of a child who has been placedis 46.34in a residential facility, as defined in section 260C.212, subdivision 1,foster care pursuant 47.1to a voluntary release byplacement agreement between the child's parent or parents and 47.2the responsible social services agency under section 260C.212, subdivision 8.47.3    (f) The review of voluntary foster care placement of a child for treatment under 47.4chapter 260D according to the review requirements of that chapter.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 foster care 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 foster care, 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; and47.23    (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; or47.32    (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. Absent exceptional circumstances, hearings under this chapter are presumed to be 48.25accessible to the public, however the court may close any hearing and the records related 48.26to any matter as provided in the Minnesota Rules of Juvenile Protection Procedure.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, 48.35permanency, or terminational of parental rights are openaccessible 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: the Minnesota Rules of Juvenile Protection Procedure.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; and49.13    (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; and49.34    (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(b) 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) (c) 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 169.95. 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    (c) 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 if returned to the care of the parent or guardian who has custody and from 51.6whom the child was removed, the court shall order the child into foster care under the 51.7legal 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.or into the home of a noncustodial parent and order the noncustodial parent 51.10to comply with any conditions the court determines to be appropriate to the safety and 51.11care of the child, including cooperating with paternity establishment proceedings in the 51.12case of a man who has not been adjudicated the child's father. The court shall not give 51.13the responsible social services legal custody and order a trial home visit at any time prior 51.14to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a), 51.15clause (3), but may order the child returned to the care of the parent or guardian who 51.16has custody and from whom the child was removed and order the parent or guardian to 51.17comply with any conditions the court determines to be appropriate to meet the safety, 51.18health, and welfare of the child.51.19    (d) 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) (e)  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; or51.34    (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) (g) 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) (f) 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 and that placement 52.14is in the best interest of the child.52.15    (e) (g) 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; or52.27    (5) the provision of services or further services for the purpose of reunification is 52.28futile and therefore unreasonable.52.29    (f) (h) 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) (i) 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) (j) 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) (k) 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 PLACEMENTS53.21FOR TREATMENT.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 aby a parent or guardian under 53.24section 260C.141, subdivision 1, paragraph (b), regarding a child in voluntary foster care 53.25for treatment under chapter 260D, 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 260C.201.53.31    (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 260C.307.54.1    (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 may have 54.14access to the criminal history and history of child and adult maltreatment 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; or54.26    (ii) the background study is required under section 
         259.53, subdivision 2; or54.27    (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; and54.31    (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 checkaccessing 55.12information  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; and55.20    (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 sectionaccessing information under subdivision 55.231, 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, local law enforcement data about the household, 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    Subd. 5.Assessment for emergency relative placement.The responsible social 55.32services agency may obtain household members' criminal history and the history of 55.33maltreatment of a child or adult and use the history to assess whether putting the child 55.34in the household would endanger the child's health, safety, or welfare and to assess the 56.1suitability of a relative prior to an emergency placement. This assessment does not 56.2substitute for the background study required under chapter 245C and does not supersede 56.3requirements related to emergency placement under section 245A.035.56.4    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 foster 56.8care by court order or by thea voluntary release of the child byplacement agreement 56.9between the responsible social services agency and the child's parent or parents pursuant 56.10to subdivision 8 or chapter 260D.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 voluntary foster care for treatment under chapter 260D, 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; and56.27    (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; and57.12    (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 foster care facility, and whether visitation is consistent with the 57.23best interest of the child, during the period the child is in the residential facility foster care;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; and58.7    (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; and58.18    (vii) establishing and maintaining connections with the child's family and 58.19community; and58.20    (9) for a child in placement due solely or in part to the child's emotional disturbance58.21voluntary foster care for treatment under chapter 260D, 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 placementfoster care, 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; and59.21    (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 parents60.5or guardian of each child in a residential facilityfoster care, other than a child in placement 60.6due solely to that child's developmental disability or emotional disturbance voluntary 60.7foster care for treatment under chapter 260D, of the following information:60.8    (1) that residential care of the childchild's placement in foster care  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 residentialfoster  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; and60.26    (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 facilityfoster care.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 emotionally60.30disturbedunder subdivision 8  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; and61.11    (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) Whether under state guardianship or not, 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 healthsocial and medical history, as defined in section 259.43, 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    Subd. 4a.Monthly caseworker visits with children in foster care.(a) Every 61.31child in foster care or on a trial home visit shall be visited by the child's caseworker on 61.32a monthly basis, with the majority of visits occurring in the child's residence. For the 61.33purposes of this section, the following definitions apply:61.34    (1) "visit" is defined as a face-to-face contact between a child and the child's 61.35caseworker;62.1    (2) "visited on a monthly basis" is defined as at least one visit per calendar month;62.2    (3) "the child's caseworker" is defined as the person who has responsibility for 62.3managing the child's foster care placement case as assigned by the responsible social 62.4service agency; and62.5    (4) "the child's residence" is defined as the home where the child is residing, and 62.6can include the foster home, child care institution, or the home from which the child was 62.7removed if the child is on a trial home visit.62.8    (b) Caseworker visits shall be of sufficient substance and duration to address issues 62.9pertinent to case planning and service delivery to ensure the safety, permanency, and 62.10well-being of the child.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 facilityfoster care no later than 180 days after the initial placement of the child 62.15in a residential facility foster care 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. The administrative 62.18review shall be conducted by the responsible social services agency using a panel of 62.19appropriate persons at least one of whom is not responsible for the case management of, 62.20or the delivery of services to, either the child or the parents who are the subject of the 62.21review. The administrative review shall be open to participation by the parent or guardian 62.22of the child and the child, as appropriate.62.23    (b) As an alternative to the administrative review required in paragraph (a), 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.may, as part of any hearing required under the Minnesota Rules of Juvenile 62.30Protection Procedure, conduct a hearing to monitor and update the out-of-home placement 62.31plan pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph 62.32(d). The party requesting review of the out-of-home placement plan shall give parties to 62.33the proceeding notice of the request to review and update the out-of-home placement 62.34plan. A court review conducted pursuant to section 
         260C.193; 260C.201, subdivision 62.351 or 11
         , or section;260C.141, subdivision 2, or 2a, clause (2); or 260C.317 shall satisfy 63.1the requirement for an administrativethe review so long as the other requirements of 63.2this section are met. 63.3    (b)(c) At the review required under paragraph (a), the reviewing administrative body63.4As appropriate to the stage of the proceedings and relevant court orders, the responsible 63.5social services agency or the court shall review:63.6    (1) the safety, permanency needs, and well-being  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 foster care;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; and63.14    (6) the appropriateness of the services provided to the child.63.15    (d) When a child is age 16 or older, in addition to any administrative review 63.16conducted by the agency, at the review required under section 260C.201, subdivision 11, 63.17paragraph (d), clause (3), unit (iii); or 260C.317, subdivision 3, clause (3), the court shall 63.18review the independent living plan required under subdivision 1, paragraph (c), clause 63.19(8), and the provision of services to the child related to the well-being of the child as the 63.20child prepares to leave foster care. The review shall include the actual plans related to 63.21each item in the plan necessary to the child's future safety and well-being when the child is 63.22no longer in foster care.63.23    (1) At the court review, the responsible social services agency shall establish that it 63.24has given the notice required under Minnesota Rules, part 9560.0060, regarding the right 63.25to continued access to services for certain children in foster care past age 18 and of the 63.26right to appeal a denial of social services under section 256.245. If the agency is unable 63.27to establish that the notice, including the right to appeal a denial of social services, has 63.28been given, the court shall require the agency to give it.63.29    (2) If the plan is for the child to leave foster care at age 18, the court shall make 63.30findings regarding the child's progress toward or accomplishment of the following goals:63.31    (i) the child has obtained a high school diploma or its equivalent; 63.32    (ii) the child has completed a driver's education course or has demonstrated the 63.33ability to use public transportation in the child's community; 63.34    (iii) the child is employed or enrolled in postsecondary education; 63.35    (iv) the child has applied for and obtained postsecondary education financial aid for 63.36which the child is eligible; 64.1    (v) the child has health care coverage and health care providers to meet the child's 64.2physical and mental health needs; 64.3    (vi) the child has applied for and obtained disability income assistance for which 64.4the child is eligible; 64.5    (vii) the child has obtained affordable housing with necessary supports, which does 64.6not include a homeless shelter; 64.7    (viii) the child has saved sufficient funds to pay for the first month's rent and a 64.8damage deposit; 64.9    (ix) the child has an alternative affordable housing plan, which does not include a 64.10homeless shelter, if the original housing plan is unworkable; 64.11    (x) the child, if male, has registered for the Selective Service; and 64.12    (xi) the child has a permanent connection to a caring adult.64.13The child in conjunction with the placement provider and the responsible social services 64.14agency shall work to complete the goals of the living plan.64.15    (3) The court shall ensure that the responsible agency assists the child in obtaining 64.16the following documents prior to the child's leaving foster care: a Social Security card; the 64.17child's birth certificate; a state identification card or driver's license, green card, or school 64.18visa; the child's school, medical, and dental records; a contact list of the child's medical, 64.19dental, and mental health providers; and contact information for the child's siblings, if the 64.20siblings are in foster care.64.21    Sec. 52. Minnesota Statutes 2006, section 260C.212, subdivision 8, is amended to read:64.22    Subd. 8. Review of Voluntary placements foster care; required court review.64.23    Except for a child in placement due solely to the child's developmental disability or 64.24emotional disturbance, if  When the responsible social services agency and the child's 64.25parent or guardian agree that the child's safety, health, and best interests require that the 64.26child be in foster care, the agency and the parent or guardian may enter into a voluntary 64.27agreement for the placement of the child in foster care. The voluntary agreement must be 64.28in writing and in a form approved by the commissioner. When the child has been placed in 64.29a residential facilityfoster care pursuant to a voluntary release byfoster care agreement 64.30between the agency and the parent or parents, under this subdivision and  the child is not 64.31returned home within 90 days after initial placement in the residential facility foster care, 64.32the social services agency responsible for the child's placement in foster care shall:64.33    (1) return the child to the home of the parent or parents; or64.34    (2) file a petition according to section 
         260C.141, subdivision 1 or 2, which may: 65.1    (i) ask the court to review the child's placement in foster care and approve it as 65.2continued voluntary foster care for up to an additional 90 days;65.3    (ii) ask the court to order continued out-of-home placementfoster care 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 placementcontinuing the child in foster 65.8care for up to 90 more days on a voluntary basis, 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.(a) 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) (1) the commissioner of human services; or65.19    (b) (2) a licensed child-placing agency; or65.20    (c)(3) an individual who is willing and capable of assuming the appropriate duties 65.21and responsibilities to the child.65.22    (b) The court shall order transfer of guardianship and legal custody of a child to 65.23the commissioner of human services only when the responsible county social services 65.24agency had legal responsibility for planning for the permanent placement of the child and 65.25the child was in foster care under the legal responsibility of the responsible county social 65.26services agency at the time the court orders guardianship and legal custody transferred to 65.27the commissioner.65.28    Sec. 54. Minnesota Statutes 2006, section 260C.325, subdivision 3, is amended to read:65.29    Subd. 3. Both parents deceased.(a) 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 or the only known legal parent are or is 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)(1) the commissioner of human services;66.2    (b)(2) a licensed child-placing agency; or66.3    (c)(3) an individual who is willing and capable of assuming the appropriate duties 66.4and responsibilities to the child.66.5    (b) The court shall order transfer of guardianship and legal custody of a child to the 66.6commissioner of human services only if there is no individual who is willing and capable 66.7of assuming the appropriate duties and responsibilities to the child.66.8    Sec. 55. [260D.001] CHILD IN VOLUNTARY FOSTER CARE FOR 66.9TREATMENT.66.10    (a) Sections 260D.001 to 260D.301 may be cited as the "child in voluntary foster 66.11care for treatment" provisions of the Juvenile Court Act.66.12    (b) The juvenile court has original and exclusive jurisdiction over a child in 66.13voluntary foster care for treatment upon the filing of a report or petition required under 66.14this chapter. All obligations of the agency to a child and family in foster care contained in 66.15chapter 260C not inconsistent with this chapter are also obligations of the agency with 66.16regard to a child in foster care for treatment under this chapter.66.17    (c) This chapter shall be construed consistently with the mission of the children's 66.18mental health service system as set out in section 245.487, subdivision 3, and the duties of 66.19an agency under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016, 66.20to meet the needs of a child with a developmental disability or related condition. This 66.21chapter:66.22    (1) establishes voluntary foster care through a voluntary foster care agreement as the 66.23means for an agency and a parent to provide needed treatment when the child must be in 66.24foster care to receive necessary treatment for an emotional disturbance or developmental 66.25disability or related condition;66.26    (2) establishes court review requirements for a child in voluntary foster care for 66.27treatment due to emotional disturbance or developmental disability or a related condition;66.28    (3) establishes the ongoing responsibility of the parent as legal custodian to visit the 66.29child, to plan together with the agency for the child's treatment needs, to be available and 66.30accessible to the agency to make treatment decisions, and to obtain necessary medical, 66.31dental, and other care for the child; and66.32    (4) applies to voluntary foster care when the child's parent and the agency agree that 66.33the child's treatment needs require foster care either:66.34    (i) due to a level of care determination by the agency's screening team informed by 66.35the diagnostic and functional assessment under section 245.4885; or67.1    (ii) due to a determination regarding the level of services needed by the responsible 67.2social services' screening team under section 256B.092 and Minnesota Rules, parts 67.39525.0004 to 9525.0016.67.4    (d) This chapter does not apply when there is a current determination under section 67.5626.556 that the child requires child protective services or when the child is in foster care 67.6for any reason other than treatment for the child's emotional disturbance or developmental 67.7disability or related condition. When there is a determination under section 626.556 that 67.8the child requires child protective services based on an assessment that there are safety 67.9and risk issues for the child that have not been mitigated through the parent's engagement 67.10in services or otherwise, or when the child is in foster care for any reason other than 67.11the child's emotional disturbance or developmental disability or related condition, the 67.12provisions of chapter 260C apply.67.13    (e) The paramount consideration in all proceedings concerning a child in voluntary 67.14foster care for treatment is the safety, health, and best interests of the child. The purpose 67.15of this chapter is:67.16    (1) to ensure a child with a disability is provided the services necessary to treat or 67.17ameliorate the symptoms of the child's disability;67.18    (2) to preserve and strengthen the child's family ties whenever possible and in the 67.19child's best interests, approving the child's placement away from the child's parents only 67.20when the child's need for care or treatment requires it, and the child cannot be maintained 67.21in the home of the parent; and67.22    (3) to ensure the child's parent retains legal custody of the child and associated 67.23decision-making authority unless the child's parent willfully fails or is unable to make 67.24decisions that meet the child's safety, health, and best interests. The court may not find 67.25the parent willfully fails or is unable to make decisions that meet the child's needs solely 67.26because the parent disagrees with the agency's choice of foster care facility, unless the 67.27agency files a petition under chapter 260C, and establishes by clear and convincing 67.28evidence that the child is in need of protection or services.67.29    (f) The legal parent-child relationship shall be supported under this chapter by 67.30maintaining the parent's legal authority and responsibility for ongoing planning for the 67.31child and by the agency's assisting the parent, where necessary, to exercise the parent's 67.32ongoing right and obligation to visit or to have reasonable contact with the child. Ongoing 67.33planning means:67.34    (1) actively participating in the planning and provision of educational services, 67.35medical care, and dental care for the child;68.1    (2) actively planning and participating with the agency and the foster care facility 68.2for the child's treatment needs; and68.3    (3) planning to meet the child's need for safety, stability, and permanency, and the 68.4child's need to stay connected to the child's family and community.68.5    (g) The provisions of section 260.012 to ensure placement prevention, family 68.6reunification, and all active and reasonable effort requirements of that section apply. This 68.7chapter shall be construed consistently with the requirements of the Indian Child Welfare 68.8Act of 1978, United States Code, title 25, section 1901, et al, and the provisions of the 68.9Minnesota Indian Family Preservation Act, sections 260.071 to 260.835.68.10    Sec. 56. [260D.005] DEFINITIONS.68.11    Subdivision 1.Definitions.The definitions in this section supplement the definitions 68.12in section 260C.007. The definitions in section 260C.007 apply to this chapter and have 68.13the same meaning for purposes of this chapter as for chapter 260C.68.14    Subd. 2.Agency."Agency" means the responsible social services agency or 68.15a licensed child-placing agency.68.16    Subd. 3.Case plan."Case plan" means any plan for the delivery of services 68.17to a child and parent, or when reunification is not required, the child alone, that is 68.18developed according to the requirements of sections 245.4871, subdivision 19 or 21; 68.19245.492, subdivision 16; 256B.092; 260C.212, subdivision 1; 626.556, subdivision 10; 68.20and Minnesota Rules, parts 9525.0004 to 9525.0016.68.21    Subd. 4.Child."Child" means an individual under 18 years of age.68.22    Subd. 5.Child in voluntary foster care for treatment."Child in voluntary foster 68.23care for treatment" means a child who is emotionally disturbed or developmentally 68.24disabled or has a related condition and is in foster care under a voluntary foster care 68.25agreement between the child's parent and the agency due to concurrence between the 68.26agency and the parent that the child's level of care requires placement in foster care either:68.27    (1) due to a determination by the agency's screening team based on its review of the 68.28diagnostic and functional assessment under section 245.4885; or68.29    (2) due to a determination by the agency's screening team under section 256B.092 68.30and Minnesota Rules, parts 9525.0004 to 9525.0016.68.31    A child is not in voluntary foster care for treatment under this chapter when there 68.32is a current determination under section 626.556 that the child requires child protective 68.33services or when the child is in foster care for any reason other than the child's emotional 68.34or developmental disability or related condition.69.1    Subd. 6.Compelling reasons."Compelling reasons" has the same meaning given 69.2in section 260C.007, subdivision 8. The agency may determine compelling reasons when 69.3the child is in foster care for treatment and no grounds to terminate parental rights exist 69.4because the child must be in placement to access treatment, the child's individual treatment 69.5needs cannot be met in the childs' home or through community-based care, and the parent 69.6continues to be responsible for planning together with the agency for the child's needs and 69.7maintains appropriate contact with the child.69.8    Subd. 7.Court."Court" means juvenile court unless otherwise specified in this 69.9section.69.10    Subd. 8.Development disability."Developmental disability" means developmental 69.11disability as defined in United States Code, title 42, section 6001(8).69.12    Subd. 9.Emotionally disturbed or emotional disturbance."Emotionally 69.13disturbed" or "emotional disturbance" means emotional disturbance as described in 69.14section 245.4871, subdivision 15.69.15    Subd. 10.Foster care."Foster care" means 24-hour substitute care for children 69.16placed away from their parents and for whom an agency has placement and care 69.17responsibility. Foster care includes, but is not limited to, placement in foster family homes, 69.18foster homes of relatives, group homes, emergency shelters, residential facilities not 69.19excluded in this subdivision, child care institutions, and preadoptive homes. A child is in 69.20foster care under this definition, regardless of whether the facility is licensed and payments 69.21are made for the cost of care. Nothing in this definition creates any authority to place a 69.22child in a home or facility that is required to be licensed that is not licensed. Foster care 69.23does not include placement in any of the following facilities: hospitals, inpatient chemical 69.24dependency treatment facilities, facilities that are primarily for delinquent children, 69.25any corrections facility or program within a particular corrections facility not meeting 69.26requirements for Title IV-E facilities as determined by the commissioner, facilities to 69.27which a child is committed under the provision of chapter 253B, forestry camps, or jails.69.28    Subd. 11.Legal authority to place the child."Legal authority to place the child" 69.29means the agency has legal responsibility for the care and control of the child while the 69.30child is in foster care. The agency may acquire legal authority to place a child through 69.31a voluntary placement agreement between the agency and the child's parent under this 69.32chapter. Legal authority to place the child does not mean the agency has authority to make 69.33major life decisions regarding the child, including major medical decisions. A parent with 69.34legal custody of the child continues to have legal authority to make major life decisions 69.35regarding the child, including major medical decisions.69.36    Subd. 12.Minor."Minor" means an individual under 18 years of age.70.1    Subd. 13.Parent."Parent" means the birth or adoptive parent of a minor. Parent 70.2also means the child's legal guardian or any individual who has legal authority to 70.3make decisions and plans for the child. For an Indian child, parent includes any Indian 70.4person who has adopted a child by tribal law or custom, as provided in section 260.755, 70.5subdivision 14.70.6    Subd. 14.Reasonable efforts to finalize a permanent plan for the child.70.7    "Reasonable efforts to finalize a permanent plan for the child" has the same meaning under 70.8this chapter as provided in section 260.012, paragraph (e).70.9    Sec. 57. [260D.101] VOLUNTARY FOSTER CARE.70.10    Subdivision 1.Voluntary foster care.When the agency's screening team, based 70.11upon the diagnostic and functional assessment under section 245.4885 or 256B.092, 70.12subdivision 7, determines the child's need for treatment due to emotional disturbance or 70.13developmental disability or related condition requires foster care placement of the child, 70.14a voluntary foster care agreement between the child's parent and the agency gives the 70.15agency legal authority to place the child in foster care.70.16    Subd. 2.Voluntary foster care agreement.A voluntary foster care agreement 70.17shall be used to provide the agency the legal authority to place a child in foster care for 70.18treatment due to the child's disability. The agreement must be in writing and signed by 70.19both the child's parent and the agency. The agreement must be in a form approved by the 70.20commissioner of human services, and shall contain notice to parents of the consequences 70.21to the parent and to the child of being in voluntary foster care.70.22    Sec. 58. [260D.102] REQUIRED INFORMATION FOR CHILD IN 70.23VOLUNTARY FOSTER CARE FOR TREATMENT.70.24    An agency with authority to place a child in voluntary foster care for treatment due 70.25to emotional disturbance or developmental disability or related condition shall inform 70.26the child age 12 or older of the following:70.27    (a) The child has the right to be consulted in the preparation of the out-of-home 70.28placement plan required under section 260C.212, subdivision 1, and the administrative 70.29review required under section 260C.212, subdivision 7.70.30    (b) The child has the right to visit the parent and the right to visit the child's siblings 70.31as determined safe and appropriate by the parent and the agency.70.32    (c) If the child disagrees with the foster care facility or services provided under 70.33the out-of-home placement plan required under section 260C.212, subdivision 1, the 70.34agency shall include information about the nature of the child's disagreement and, to the 71.1extent possible, the agency's understanding of the basis of the child's disagreement in the 71.2information provided to the court in the report required under section 260D.105.71.3    (d) The child has the rights established under Minnesota Rules, part 2960.0050, as a 71.4resident of a facility licensed by the state.71.5    Sec. 59. [260D.103] ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY 71.6FOSTER CARE FOR TREATMENT.71.7    The administrative reviews required under section 260C.212, subdivision 7, must 71.8be conducted for a child in voluntary foster care for treatment, except that the initial 71.9administrative review must take place prior to the submission of the report to the court 71.10required under section 260D.105, subdivision 2.71.11    Sec. 60. [260D.105] AGENCY REPORT TO THE COURT AND COURT 71.12REVIEW OF CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT DUE 71.13TO DISABILITY.71.14    Subdivision 1.Judicial review.In the case of a child in voluntary foster care for 71.15treatment due to disability under section 260D.101, the agency shall obtain judicial review 71.16of the child's voluntary foster care placement within 165 days of the placement.71.17    Subd. 2.Agency report to court; court review.The agency shall obtain judicial 71.18review by reporting to the court according to the following procedures:71.19    (a) A written report shall be forwarded to the court within 165 days of the date of the 71.20voluntary placement agreement. The written report shall contain or have attached:71.21    (1) a statement of facts that necessitate the child's foster care placement;71.22    (2) the child's name, date of birth, race, gender, and current address;71.23    (3) the names, race, date of birth, residence, and post office addresses of the child's 71.24parents or legal custodian;71.25    (4) a statement regarding the child's eligibility for membership or enrollment in an 71.26Indian tribe and the agency's compliance with applicable provisions of sections 260.751 to 71.27260.835;71.28    (5) the names and addresses of the foster parents or chief administrator of the facility 71.29in which the child is placed, if the child is not in a family foster home or group home;71.30    (6) a copy of the out-of-home placement plan required under section 260C.212, 71.31subdivision 1;71.32    (7) a written summary of the proceedings of any administrative review required 71.33under section 260C.212, subdivision 7; and72.1    (8) any other information the agency, parent or legal custodian, child or foster parent, 72.2or other residential facility wants the court to consider.72.3    (b) In the case of a child in placement due to emotional disturbance, the written 72.4report shall include as an attachment the child's individual treatment plan developed by 72.5the child's treatment professional, as provided in section 245.4871, subdivision 21, or 72.6the child's individual interagency intervention plan, as provided in section 125A.023, 72.7subdivision 3, paragraph (c).72.8    (c) In the case of a child in placement due to developmental disability or a related 72.9condition, the written report shall include as an attachment the child's individual service 72.10plan, as provided in section 256B.092, subdivision 1b; the child's individual program 72.11plan, as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver 72.12care plan; or the child's individual interagency intervention plan, as provided in section 72.13125A.023, subdivision 3, paragraph (c).72.14    (d) The agency must inform the child age 12 or older, the child's parent, and the 72.15foster parent or foster care facility of the reporting and court review requirements of this 72.16section and of their right to submit information to the court:72.17    (1) if the child or the child's parent or the foster care provider wants to send 72.18information to the court, the agency shall advise those persons of the reporting date and 72.19the date by which the agency must receive the information they want forwarded to the 72.20court so the agency is timely able to submit it with the agency's report required under 72.21this subdivision;72.22    (2) the agency must also inform the child age 12 or older, the child's parent, and the 72.23foster care facility that they have the right to be heard in person by the court and how to 72.24exercise that right;72.25    (3) the agency must also inform the child age 12 or older, the child's parent, and 72.26the foster care provider that an in-court hearing will be held if requested by the child, 72.27the parent, or the foster care provider; and72.28    (4) if, at the time required for the report under this section, a child age 12 or older 72.29disagrees about the foster care facility or services provided under the out-of-home 72.30placement plan required under section 260C.212, subdivision 1, the agency shall include 72.31information regarding the child's disagreement, and to the extent possible, the basis for the 72.32child's disagreement in the report required under this section.72.33    (e) After receiving the required report, the court has jurisdiction to make the 72.34following determinations and must do so within ten days of receiving the forwarded 72.35report, whether a hearing is requested:72.36    (1) whether the voluntary foster care arrangement is in the child's best interests;73.1    (2) whether the parent and agency are appropriately planning for the child; and73.2    (3) in the case of a child age 12 or older who disagrees with the foster care facility 73.3or services provided under the out-of-home placement plan, whether it is appropriate to 73.4appoint counsel and a guardian ad litem for the child using standards and procedures 73.5under section 260C.163.73.6    (f) Unless requested by a parent, representative of the foster care facility, or the 73.7child, no in-court hearing is required in order for the court to make findings and issue an 73.8order as required in paragraph (e).73.9    (g) If the court finds that the voluntary foster care arrangement is in the child's 73.10best interests and that the agency and parent are appropriately planning for the child, 73.11the court shall issue an order containing explicit, individualized findings to support its 73.12determination. The individualized findings shall be based on the agency's written report 73.13and other materials submitted to the court. The court may make this determination 73.14notwithstanding the child's disagreement, if any, reported under paragraph (d).73.15    (h) The court shall send a copy of the order to the county attorney, agency, parent, 73.16child age 12 or older, and foster parent or foster care facility.73.17    (i) The court shall also send the parent, child age 12 or older, foster parent, or 73.18representative of the foster care facility notice of the permanency review hearing required 73.19under section 260D.107, paragraph (e).73.20    (j) If the court finds continuing the voluntary foster care arrangement is not in the 73.21child's best interests or that the agency or the parent are not appropriately planning for the 73.22child, the court shall notify the agency, parent, foster parent or foster care facility, child 73.23age 12 or older, and county attorney of the court's determinations and the basis for the 73.24court's determinations. In this case, the court shall set the matter for hearing and appoint a 73.25guardian ad litem for the child under section 260C.163, subdivision 5.73.26    Sec. 61. [260D.107] REQUIRED PERMANENCY REVIEW HEARING.73.27    (a) When the court has found that the voluntary arrangement is in the child's best 73.28interests and that the agency and parent are appropriately planning for the child pursuant 73.29to the report submitted under section 260D.105, and the child continues in voluntary 73.30foster care as defined in section 260D.007, subdivision 10, for 13 months from the date 73.31of the voluntary foster care agreement, or has been in placement for 15 of the last 22 73.32months, the agency must:73.33    (1) terminate the voluntary foster care agreement and return the child home;74.1    (2) determine whether there are compelling reasons to continue the voluntary foster 74.2care arrangement and, if the agency determines there are compelling reasons, seek judicial 74.3approval if its determination; or74.4    (3) file a petition for the termination of parental rights.74.5    (b) When the agency is asking for the court's approval of its determination that there 74.6are compelling reasons to continue the child in the voluntary foster care arrangement, the 74.7agency shall file a "Petition for Permanency Review Regarding a Child in Voluntary 74.8Foster Care for Treatment" and ask the court to proceed under this section.74.9    (c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster 74.10Care for Treatment" shall be drafted or approved by the county attorney and be under 74.11oath. The petition shall include:74.12    (1) the date of the voluntary placement agreement;74.13    (2) whether the petition is due to the child's developmental disability or emotional 74.14disturbance;74.15    (3) the plan for the ongoing care of the child and the parent's participation in the plan;74.16    (4) a description of the parent's visitation and contact with the child;74.17    (5) the date of the court finding that the foster care placement was in the best 74.18interests of the child, if required under section 260D.105, or the date the agency filed the 74.19motion under section 260D.201, paragraph (b);74.20    (6) the agency's reasonable efforts to finalize the permanent plan for the child, 74.21including returning the child to the care of the child's family; and 74.22    (7) a citation to this chapter as the basis for the petition.74.23    (d) An updated copy of the out-of-home placement plan required under section 74.24260C.212, subdivision 1, shall be filed with the petition.74.25    (e) The court shall set the date for the permanency review hearing no later than 14 74.26months after the child has been in placement or within 30 days of the petition filing date 74.27when the child has been in placement 15 of the last 22 months. The court shall serve the 74.28petition together with a notice of hearing by United States mail on the parent; the child 74.29age 12 or older; the child's guardian ad litem, if one has been appointed; the agency; the 74.30county attorney; and counsel for any party.74.31    (f) The court shall conduct the permanency review hearing on the petition no later 74.32than 14 months after the date of the voluntary placement agreement, within 30 days of the 74.33filing of the petition when the child has been in placement 15 of the last 22 months, or 74.34within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster care 74.35under chapter 260C, as provided in section 260D.201, paragraph (b).74.36    (g) At the permanency review hearing, the court shall:75.1    (1) inquire of the parent if the parent has reviewed the "Petition for Permanency 75.2Review Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is 75.3accurate, and whether the parent agrees to the continued voluntary foster care arrangement 75.4as being in the child's best interests;75.5    (2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts 75.6to finalize the permanent plan for the child, including whether there are services available 75.7and accessible to the parent that might allow the child to safely be with the child's family;75.8    (3) inquire of the parent if the parent consents to the court entering an order that:75.9    (i) approves the responsible agency's reasonable efforts to finalize the permanent 75.10plan for the child, which includes ongoing future planning for the safety, health, and best 75.11interests of the child; and75.12    (ii) approves the responsible agency's determination that there are compelling 75.13reasons why the continued voluntary foster care arrangement is in the child's best interests; 75.14    (4) inquire of the child's guardian ad litem and any other party whether the guardian 75.15or the party agrees that:75.16    (i) the court should approve the responsible agency's reasonable efforts to finalize 75.17the permanent plan for the child, which includes ongoing and future planning for the 75.18safety, health, and best interests of the child; and 75.19    (ii) the court should approve of the responsible agency's determination that there 75.20are compelling reasons why the continued voluntary foster care arrangement is in the 75.21child's best interests.75.22    (h) At a permanency review hearing under this section, the court may take the 75.23following actions based on the contents of the sworn petition and the consent of the parent:75.24    (1) approve the agency's compelling reasons that the voluntary foster care 75.25arrangement is in the best interests of the child; and75.26    (2) find that the agency has made reasonable efforts to finalize the permanent plan 75.27for the child.75.28    (i) A child age 12 or older may object to the agency's request that the court approve 75.29its compelling reasons for the continued voluntary arrangement and may be heard on the 75.30reasons for the objection. Notwithstanding the child's objection, the court may approve 75.31the agency's compelling reasons and the voluntary arrangement.75.32    (j) If the court does not approve the voluntary arrangement after hearing from the 75.33child or the child's guardian ad litem, the court shall dismiss the petition. In this case, 75.34either:75.35    (1) the child must be returned to the care of the parent; or76.1    (2) the agency must file a petition under section 260C.141 asking for appropriate 76.2relief under section 260C.201, subdivision 11, or 260C.301.76.3    (k) When the court approves the agency's compelling reasons for the child to 76.4continue in voluntary foster care for treatment, and finds that the agency has made 76.5reasonable efforts to finalize a permanent plan for the child, the court shall approve the 76.6continued voluntary foster care arrangement, and continue the matter under the court's 76.7jurisdiction for the purposes of reviewing the child's placement every 12 months while 76.8the child is in foster care.76.9    (l) A finding that the court approves the continued voluntary placement means 76.10the agency has continued legal authority to place the child while a voluntary placement 76.11agreement remains in effect. The parent or the agency may terminate a voluntary 76.12agreement as provided in section 260D.301. Termination of a voluntary foster care 76.13placement of an Indian child is governed by section 260.765, subdivision 4.76.14    Sec. 62. [260D.109] ANNUAL REVIEW.76.15    (a) After the court conducts a permanency review hearing under section 260D.107, 76.16the matter must be returned to the court for further review of the child's foster care 76.17placement at least every 12 months while the child is in foster care. The court shall give 76.18notice to the parent and child age 12 or older and the foster parents of the continued review 76.19requirements under this section at the permanency review hearing.76.20    (b) Every 12 months, the court shall determine whether the agency made reasonable 76.21efforts to finalize the permanent plan for the child, which means the exercise of due 76.22diligence by the agency to:76.23    (1) ensure that the agreement for voluntary foster care is the most appropriate legal 76.24arrangement to meet the child's safety, health, and best interests;76.25    (2) engage and support the parent in continued involvement in planning and decision 76.26making for the needs of the child;76.27    (3) strengthen the child's ties to the parent, relatives, and community;76.28    (4) implement the out-of-home placement plan required under section 260C.212, 76.29subdivision 1, and ensure that the plan requires the provision of appropriate services to 76.30address the physical health, mental health, and educational needs of the child; and76.31    (5) ensure appropriate planning for the child's safe, permanent, and independent 76.32living arrangement after the child's 18th birthday.76.33    Sec. 63. [260D.201] PERMANENCY REVIEW AFTER ADJUDICATION 76.34UNDER CHAPTER 260C.77.1    (a) If a child has been ordered into foster care under section 260C.178 or 260C.201, 77.2subdivision 1, and the conditions that led to the court's order have been corrected so that 77.3the child could safely return home, except for the child's need to continue in foster care 77.4for treatment due to the child's disability, the child's parent and the agency may enter into 77.5a voluntary foster care agreement under this chapter using the procedure described in 77.6paragraph (b).77.7    (b) When the agency and the parent agree to enter into a voluntary foster care 77.8agreement under this chapter, the agency must file a motion to terminate jurisdiction 77.9under section 260C.193, subdivision 6, and to dismiss the order for foster care under 77.10section 260C.178 or 260C.201, subdivision 1, together with the petition required under 77.11section 260D.107, paragraph (b), for permanency review and the court's approval of the 77.12voluntary arrangement.77.13    (c) The court shall send the motion and the petition filed under subdivision 2 together 77.14with a notice of hearing by mail as required in section 260D.107, paragraph (e).77.15    (d) The petition and motion under this section must be filed no later than the time 77.16the agency is required to file a petition for permanent placement under section 260C.201, 77.17subdivision 11, but may be filed as soon as the agency and the parent agree that the child 77.18should remain in foster care under a voluntary foster care agreement, because the child 77.19needs treatment and voluntary foster care is in the child's best interests.77.20    (e) In order for the agency to have continuous legal authority to place the child, the 77.21parent and the agency must execute a voluntary foster care agreement for the child's 77.22continuation in foster care for treatment prior to the termination of the order for foster care 77.23under section 260C.178 or 260C.201, subdivision 1. The parent and agency may execute 77.24the voluntary foster care agreement at or before the permanency review hearing required 77.25under this section. The voluntary foster care agreement shall not be effective until the 77.26court terminates jurisdiction under section 260C.193, subdivision 6, and dismisses the 77.27order for foster care under section 260C.178 or 260C.201, subdivision 1. Unless the 77.28agency and the parent execute a voluntary placement agreement for the child to continue 77.29in voluntary foster care for treatment, the agency shall not have legal authority to place the 77.30child after the court terminates jurisdiction under chapter 260C.77.31    Sec. 64. [260D.301] TERMINATION OF VOLUNTARY PLACEMENT 77.32AGREEMENT.77.33    (a) The child's parent may terminate a voluntary placement agreement under this 77.34chapter upon written notice to the agency of the termination of the agreement. The 78.1termination of a voluntary foster care agreement regarding an Indian child shall be 78.2governed by section 260.765, subdivision 4.78.3    (b) The agency may terminate a voluntary placement agreement under this section 78.4upon written notice of the termination of the agreement to the parent. Prior to sending 78.5notice of termination of the voluntary foster care placement agreement, the agency shall 78.6contact the parent regarding transition planning under paragraph (e). Written notice by 78.7the agency shall be considered received by the parent three business days after mailing 78.8by the agency.78.9    (c) Upon receipt of notice of the termination of the voluntary foster care agreement, 78.10the agency, the parent, and the facility may agree to a time that the child shall return home. 78.11The scheduled time to return home shall meet the child's need for safety and reasonable 78.12transition. Unless otherwise agreed to by the parent and the agency, the child's return 78.13home shall not occur sooner than 72 hours and not later than 30 days after written notice 78.14of termination is received or sent by the agency.78.15    (d) A parent who disagrees with the termination of a voluntary foster care agreement 78.16by the agency under this chapter has the right to a fair hearing under section 256.045 to 78.17appeal the termination of the voluntary foster care agreement. When the agency gives 78.18written notice to the parent of the termination of the agreement, the agency must also give 78.19the parent notice of the parent's right to a fair hearing under section 256.045 to appeal the 78.20agency's decision to terminate the voluntary foster care agreement.78.21    (e) The agency and the child's parents shall engage in transition planning for the 78.22child's return home, including establishing a scheduled time for the child to return home, 78.23an increased visitation plan between the parent and child, and a plan for what services 78.24will be provided and in place upon the child's return home.78.25    (f) Notice of termination of voluntary foster care agreement does not terminate the 78.26agreement. The voluntary foster care agreement and the agency's legal authority to place 78.27the child are terminated by the child's return home or by court order.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 child 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. The local welfare agency shall determine if the report is accepted for an 79.15assessment or investigation as soon as possible but in no event longer than 24 hours 79.16after the report is received. 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 harminjury 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 Minnesota Statutes, 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    Subd. 3.Data classification for child care practitioner professional development 81.31system.This subdivision applies to data collected under this section by the child care 81.32practitioner professional development system. Data collected under this section is welfare 81.33data under Minnesota Statutes, section 13.46, but is not licensing data under Minnesota 81.34Statutes, section 13.46, subdivision 4. Data on individuals who are licensed family 81.35child care providers is private data on individuals governed by Minnesota Statutes, 81.36section 13.46, subdivision 2. The commissioner may disclose nonpublic data collected 82.1under this section as described in Minnesota Statutes, section 13.46, subdivision 2. The 82.2commissioner also may disclose private and nonpublic data collected under this section 82.3to the following entities:82.4    (1) personnel of the welfare system who require the data for child care licensing 82.5purposes;82.6    (2) personnel of the welfare system who require the data to administer or evaluate 82.7the child care assistance program;82.8    (3) the commissioner of education for purposes of implementing, administering, and 82.9evaluating the child care practitioner professional development system;82.10    (4) the commissioner of health for purposes of implementing and administering 82.11this section; and 82.12    (5) an individual's employer for purposes of tracking and verifying employee 82.13training, education, and expertise.82.14    Sec. 69. REVISOR'S INSTRUCTION.82.15    In each section of Minnesota Statutes referred to in column A, the revisor of statutes 82.16shall delete the reference in column B and insert the reference in column C.

82.17Column AColumn BColumn C82.18259.67260.851, article 5260.853, article 482.19256B.094260.851260.853

82.20EFFECTIVE DATE.This section is effective upon legislative enactment of the 82.21interstate compact in section 34 by no less than 35 states.82.22    Sec. 70.  REPEALER.82.23(a) Minnesota Statutes 2006, section 260.851, is repealed effective upon legislative 82.24enactment of the interstate compact in section 34 by no less than 35 states. The 82.25commissioner of human services shall inform the revisor of statutes when this occurs.82.26(b) Minnesota Statutes 2006, sections 260B.241; and 260C.207, are repealed.82.27(c) Minnesota Rules, parts 9560.0092; and 9560.0093, subpart 2, are repealed.82.28ARTICLE 282.29ADOPTION RECORDS82.30    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 
         259.89 144.2253. 83.4    Sec. 2. Minnesota Statutes 2006, section 144.218, subdivision 1, is amended to read:83.5    Subdivision 1. Adoption.(a) 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. Except as provided in paragraph (b), the original 83.8record of birth is confidential pursuant to private data on individuals as defined in section 83.913.02, subdivision 3 12, and shall not be disclosed except pursuant to court order or 83.10section 
         144.2252 or 144.2253. 83.11    (b) The information contained on the original birth record, except for the registration 83.12number, shall be provided on request to: (1) a parent who is named on the original birth 83.13record; or (2) the adopted person who is subject of the record if the person is at least 19 83.14years of age, unless there is an affidavit of nondisclosure on file with the state registrar. 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); or83.29    (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; 144.2253; 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; and84.11    (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 
         259.89 144.2253. 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 
         259.83 144.2253. 84.23    Sec. 5. [144.2253] ACCESS TO ORIGINAL BIRTH RECORDS BY ADOPTED 84.24PERSON; DEPARTMENT DUTIES.84.25    Subdivision 1.Affidavits.The department shall prepare affidavit of disclosure and 84.26nondisclosure forms under which a birth parent may agree to or object to the release of the 84.27original birth record to the adopted person. The department shall make the forms readily 84.28accessible to birth parents on the department's Web site.84.29    Subd. 2.Disclosure.Upon request, the state registrar shall provide a noncertified 84.30copy of the original birth record to an adopted person age 19 or older unless there is an 84.31affidavit of nondisclosure on file. The state registrar must comply with the terms of the 84.32affidavits of disclosure or affidavits of nondisclosure.84.33    Subd. 3.Recission of affidavit.A birth parent may rescind an affidavit of disclosure 84.34or an affidavit of nondisclosure at any time.85.1    Subd. 4.Affidavit of nondisclosure; access to birth record.(a) An adopted person 85.2age 19 or older may petition the appropriate court for disclosure of the original birth record 85.3pursuant to section 259.61, and the court shall grant the petition, if, after consideration of 85.4the interests of all known persons involved, the court determines that disclosure of the 85.5information would be of greater benefit than nondisclosure.85.6    (b) An adopted person age 19 or older may request the state registrar search the state 85.7death records to determine if the birth parent is deceased.  The state registrar may impose a 85.8fee for the record search.  If the birth parent is deceased, a noncertified copy of the original 85.9birth record must be released only to the adopted person making the request.85.10    Subd. 5.Information provided.(a) The department shall, in consultation with 85.11adoption agencies and adoption advocates, provide information and educational materials 85.12to adopted persons and birth parents about the changes in the law affecting accessibility 85.13to birth records. For purposes of this subdivision, an adoption advocate is a nonprofit 85.14organization that works with adoption issues in Minnesota.85.15    (b) The department shall provide notice on the department Web site about the change 85.16in the law, and will direct individuals to private agencies and advocates for post-adoption 85.17resources.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 
         144.2252 144.2253; 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. ADOPTION AGENCIES; FEE.85.32    Adoption agencies may charge a fee for counseling and support services provided to 85.33adopted persons and birth parents.86.1    Sec. 8.  REPEALER.86.2Minnesota Statutes 2006, sections 259.83, subdivision 3; and 259.89, subdivisions 3 86.3and 5, are repealed.86.4    Sec. 9. EFFECTIVE DATE.86.5    This article is effective July 1, 2009.