1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 15031.2A bill for an act1.3relating to human services; changing child welfare provisions; modifying 1.4provisions governing adoption records; amending Minnesota Statutes 2008, 1.5sections 13.46, subdivision 2; 256.01, subdivision 14b; 259.52, subdivisions 1.62, 6; 259.89, subdivisions 1, 2, 4, by adding a subdivision; 260.012; 260.93; 1.7260B.007, subdivision 7; 260B.157, subdivision 3; 260B.198, subdivision 1; 1.8260C.007, subdivisions 18, 25; 260C.151, subdivisions 1, 2, 3, by adding a 1.9subdivision; 260C.163, by adding a subdivision; 260C.175, subdivision 1; 1.10260C.176, subdivision 1; 260C.178, subdivisions 1, 3; 260C.201, subdivisions 1.111, 3, 5, 11; 260C.209, subdivision 3; 260C.212, subdivisions 1, 2, 4, 4a, 5, 7; 1.12260D.02, subdivision 5; 260D.03, subdivision 1; 260D.07; 484.76, subdivision 1.132; Laws 2008, chapter 361, article 6, section 58; proposing coding for new law in 1.14Minnesota Statutes, chapter 260C; repealing Minnesota Statutes 2008, section 1.15260C.209, subdivision 4.1.16May 18, 20091.17The Honorable James P. Metzen1.18President of the Senate1.19The Honorable Margaret Anderson Kelliher1.20Speaker of the House of Representatives1.21We, the undersigned conferees for S.F. No. 1503 report that we have agreed upon 1.22the items in dispute and recommend as follows:1.23That the Senate recede from its amendments and that S.F. No. 1503 be further 1.24amended as follows:1.25Delete everything after the enacting clause and insert:1.26"ARTICLE 11.27CHILD WELFARE TECHNICAL1.28    Section 1. Minnesota Statutes 2008, section 260.93, is amended to read:1.29260.93 INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN.1.30ARTICLE I. PURPOSE1.31    The purpose of this Interstate Compact for the Placement of Children is to:2.1    A. Provide a process through which children subject to this compact are placed in 2.2safe and suitable homes in a timely manner.2.3    B. Facilitate ongoing supervision of a placement, the delivery of services, and 2.4communication between the states.2.5    C. Provide operating procedures that will ensure that children are placed in safe and 2.6suitable homes in a timely manner.2.7    D. Provide for the promulgation and enforcement of administrative rules 2.8implementing the provisions of this compact and regulating the covered activities of 2.9the member states.2.10    E. Provide for uniform data collection and information sharing between member 2.11states under this compact.2.12    F. Promote coordination between this compact, the Interstate Compact for Juveniles, 2.13the Interstate Compact on Adoption and Medical Assistance, and other compacts affecting 2.14the placement of and which provide services to children otherwise subject to this compact.2.15    G. Provide for a state's continuing legal jurisdiction and responsibility for placement 2.16and care of a child that it would have had if the placement were intrastate.2.17    H. Provide for the promulgation of guidelines, in collaboration with Indian tribes, 2.18for interstate cases involving Indian children as is or may be permitted by federal law.2.19ARTICLE II. DEFINITIONS2.20    As used in this compact,2.21    A. "Approved placement" means the public child-placing agency in the receiving 2.22state has determined that the placement is both safe and suitable for the child.2.23    B. "Assessment" means an evaluation of a prospective placement by a public 2.24child-placing agency to determine whether the placement meets the individualized needs 2.25of the child, including but not limited to the child's safety and stability, health and 2.26well-being, and mental, emotional, and physical development. An assessment is only 2.27applicable to a placement by a public child-placing agency.2.28    C. "Child" means an individual who has not attained the age of eighteen (18).2.29    D. "Certification" means to attest, declare, or be sworn to attesting, declaring, or 2.30swearing before a judge or notary public.2.31    E. "Default" means the failure of a member state to perform the obligations or 2.32responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate 2.33Commission.2.34    F. "Home study" means an evaluation of a home environment conducted according 2.35to the applicable requirements of the state in which the home is located, and documents 3.1the preparation and the suitability of the placement resource for placement of a child 3.2according to the laws and requirements of the state in which the home is located.3.3    G. "Indian tribe" means any Indian tribe, band, nation, or other organized group 3.4or community of Indians recognized as eligible for services provided to Indians by the 3.5Secretary of the Interior because of their status as Indians, including any Alaskan native 3.6village as defined in section 3(c) of the Alaska Native Claims Settlement Act at United 3.7States Code, title 43, chapter 33, section 1602(c).3.8    H. "Interstate Commission for the Placement of Children" means the commission 3.9that is created under Article VIII of this compact and which is generally referred to as the 3.10Interstate Commission.3.11    I. "Jurisdiction" means the power and authority of a court to hear and decide matters.3.12    J. "Legal risk placement" ("Legal risk adoption") means a placement made 3.13preliminary to an adoption where the prospective adoptive parents acknowledge in writing 3.14that a child can be ordered returned to the sending state or the birth mother's state of 3.15residence, if different from the sending state and a final decree of adoption shall not be 3.16entered in any jurisdiction until all required consents are obtained or are dispensed with 3.17according to applicable law.3.18    K. "Member state" means a state that has enacted this compact.3.19    L. "Noncustodial parent" means a person who, at the time of the commencement 3.20of court proceedings in the sending state, does not have sole legal custody of the child 3.21or has joint legal custody of a child, and who is not the subject of allegations or findings 3.22of child abuse or neglect.3.23    M. "Nonmember state" means a state which has not enacted this compact.3.24    N. "Notice of residential placement" means information regarding a placement 3.25into a residential facility provided to the receiving state including, but not limited to the 3.26name, date and place of birth of the child, the identity and address of the parent or legal 3.27guardian, evidence of authority to make the placement, and the name and address of 3.28the facility in which the child will be placed. Notice of residential placement shall also 3.29include information regarding a discharge and any unauthorized absence from the facility.3.30    O. "Placement" means the act by a public or private child-placing agency intended 3.31to arrange for the care or custody of a child in another state.3.32    P. "Private child-placing agency" means any private corporation, agency, foundation, 3.33institution, or charitable organization, or any private person or attorney that facilitates, 3.34causes, or is involved in the placement of a child from one state to another and that is not 3.35an instrumentality of the state or acting under color of state law.4.1    Q. "Provisional placement" means a determination made by the public child-placing 4.2agency in the receiving state that the proposed placement is safe and suitable, and, to the 4.3extent allowable, the receiving state has temporarily waived its standards or requirements 4.4otherwise applicable to prospective foster or adoptive parents so as to not delay the 4.5placement. Completion of an assessment and the receiving state requirements regarding 4.6training for prospective foster or adoptive parents shall not delay an otherwise safe and 4.7suitable placement.4.8    R. "Public child-placing agency" means any government child welfare agency or 4.9child protection agency or a private entity under contract with such an agency, regardless 4.10of whether they act on behalf of a state, county, municipality, or other governmental 4.11unit and which facilitates, causes, or is involved in the placement of a child from one 4.12state to another.4.13    S. "Receiving state" means the state to which a child is sent, brought, or caused to 4.14be sent or brought.4.15    T. "Relative" means someone who is related to the child as a parent, stepparent, 4.16sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a 4.17non-relative nonrelative with such significant ties to the child that they may be regarded as 4.18relatives as determined by the court in the sending state.4.19    U. "Residential facility" means a facility providing a level of care that is sufficient 4.20to substitute for parental responsibility or foster care, and is beyond what is needed for 4.21assessment or treatment of an acute condition. For purposes of the compact, residential 4.22facilities do not include institutions primarily educational in character, hospitals, or other 4.23medical facilities.4.24    V. "Rule" means a written directive, mandate, standard, or principle issued by the 4.25Interstate Commission promulgated pursuant to Article XI of this compact that is of 4.26general applicability and that implements, interprets, or prescribes a policy or provision of 4.27the compact. Rule has the force and effect of an administrative rule in a member state, and 4.28includes the amendment, repeal, or suspension of an existing rule.4.29    W. "Sending state" means the state from which the placement of a child is initiated.4.30    X. "Service member's permanent duty station" means the military installation where 4.31an active duty Armed Services member is currently assigned and is physically located 4.32under competent orders that do not specify the duty as temporary.4.33    Y. "Service member's state of legal residence" means the state in which the active 4.34duty Armed Services member is considered a resident for tax and voting purposes.5.1    Z. "State" means a state of the United States, the District of Columbia, the 5.2Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the 5.3Northern Marianas Islands, and any other territory of the United States.5.4    AA. "State court" means a judicial body of a state that is vested by law with 5.5responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or 5.6status offenses of individuals who have not attained the age of eighteen (18).5.7    BB. "Supervision" means monitoring provided by the receiving state once a child 5.8has been placed in a receiving state pursuant to this compact.5.9ARTICLE III. APPLICABILITY5.10    A. Except as otherwise provided in Article III, Section B, this compact shall apply to:5.11    1. The interstate placement of a child subject to ongoing court jurisdiction in the 5.12sending state, due to allegations or findings that the child has been abused, neglected, or 5.13deprived as defined by the laws of the sending state, provided, however, that the placement 5.14of such a child into a residential facility shall only require notice of residential placement 5.15to the receiving state prior to placement.5.16    2. The interstate placement of a child adjudicated delinquent or unmanageable 5.17based on the laws of the sending state and subject to ongoing court jurisdiction of the 5.18sending state if:5.19    a. the child is being placed in a residential facility in another member state and 5.20is not covered under another compact; or5.21    b. the child is being placed in another member state and the determination of safety 5.22and suitability of the placement and services required is not provided through another 5.23compact.5.24    3. The interstate placement of any child by a public child-placing agency or private 5.25child-placing agency as defined in this compact as a preliminary step to a possible 5.26adoption.5.27    B. The provisions of this compact shall not apply to:5.28    1. The interstate placement of a child in a custody proceeding in which a public 5.29child-placing agency is not a party, provided the placement is not intended to effectuate an 5.30adoption.5.31    2. The interstate placement of a child with a non-relative nonrelative in a receiving 5.32state by a parent with the legal authority to make such a placement provided, however, 5.33that the placement is not intended to effectuate an adoption.5.34    3. The interstate placement of a child by one relative with the lawful authority to 5.35make such a placement directly with a relative in a receiving state.6.1    4. The placement of a child, not subject to Article III, Section A, into a residential 6.2facility by the child's parent.6.3    5. The placement of a child with a noncustodial parent provided that:6.4    a. The noncustodial parent proves to the satisfaction of a court in the sending state a 6.5substantial relationship with the child; and6.6    b. The court in the sending state makes a written finding that placement with the 6.7noncustodial parent is in the best interests of the child; and6.8    c. The court in the sending state dismisses its jurisdiction over the child's case. in 6.9interstate placements in which the public child-placing agency is a party to the proceedings.6.10    6. A child entering the United States from a foreign country for the purpose of 6.11adoption or leaving the United States to go to a foreign country for the purpose of 6.12adoption in that country.6.13    7. Cases in which a U.S. citizen child living overseas with the child's family, at 6.14least one of whom is in the United States armed services, and who is stationed overseas, 6.15is removed and placed in a state.6.16    8. The sending of a child by a public child-placing agency or a private child-placing 6.17agency for a visit as defined by the rules of the Interstate Commission.6.18    C. For purposes of determining the applicability of this compact to the placement 6.19of a child with a family in the armed services, the public child-placing agency or private 6.20child-placing agency may choose the state of the service member's permanent duty station 6.21or the service member's declared legal residence.6.22    D. Nothing in this compact shall be construed to prohibit the concurrent application 6.23of the provisions of this compact with other applicable interstate compacts including the 6.24Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical 6.25Assistance. The Interstate Commission may in cooperation with other interstate compact 6.26commissions having responsibility for the interstate movement, placement, or transfer of 6.27children, promulgate like rules to ensure the coordination of services, timely placement 6.28of children, and the reduction of unnecessary or duplicative administrative or procedural 6.29requirements.6.30ARTICLE IV. JURISDICTION6.31    A. Except as provided in article IV, section G H and article V, section B, paragraphs 2 6.32and 3, concerning private and independent adoptions and in interstate placements in which 6.33the public child-placing agency is not a party to a custody proceeding, the sending state 6.34shall retain jurisdiction over a child with respect to all matters of custody and disposition 6.35of the child which it would have had if the child had remained in the sending state. Such 6.36jurisdiction shall also include the power to order the return of the child to the sending state.7.1    B. When an issue of child protection or custody is brought before a court in the 7.2receiving state, such court shall confer with the court of the sending state to determine the 7.3most appropriate forum for adjudication.7.4C. In cases that are before courts and subject to this compact, the taking of 7.5testimony for hearings before any judicial officer may occur in person or by telephone; 7.6by audio-video conference; or by other means as approved by the rules of the Interstate 7.7Commission. Judicial officers may communicate with other judicial officers and persons 7.8involved in the interstate process as may be permitted by their Canons of Judicial Conduct 7.9and any rules promulgated by the Interstate Commission.7.10    C. D. In accordance with its own laws, the court in the sending state shall have 7.11authority to terminate its jurisdiction if:7.12    1. The child is reunified with the parent in the receiving state who is the subject 7.13of allegations or findings of abuse or neglect, only with the concurrence of the public 7.14child-placing agency in the receiving state; or7.15    2. The child is adopted;7.16    3. The child reaches the age of majority under the laws of the sending state; or7.17    4. The child achieves legal independence pursuant to the laws of the sending state; or7.18    5. A guardianship is created by a court in the receiving state with the concurrence of 7.19the court in the sending state; or7.20    6. An Indian tribe has petitioned for and received jurisdiction from the court in 7.21the sending state; or7.22    7. The public child-placing agency of the sending state requests termination and has 7.23obtained the concurrence of the public child-placing agency in the receiving state.7.24    D.E. When a sending state court terminates its jurisdiction, the receiving state 7.25child-placing agency shall be notified.7.26    E.F. Nothing in this article shall defeat a claim of jurisdiction by a receiving state 7.27court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a 7.28child as defined by the laws of the receiving state committed by the child in the receiving 7.29state which would be a violation of its laws.7.30    F.G. Nothing in this article shall limit the receiving state's ability to take emergency 7.31jurisdiction for the protection of the child.7.32    G.H. The substantive laws of the state in which an adoption will be finalized shall 7.33solely govern all issues relating to the adoption of the child and the court in which the 7.34adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive 7.35issues relating to the adoption, except:8.1    1. when the child is a ward of another court that established jurisdiction over the 8.2child prior to the placement;8.3    2. when the child is in the legal custody of a public agency in the sending state; or8.4    3. when the court in the sending state has otherwise appropriately assumed 8.5jurisdiction over the child, prior to the submission of the request for approval of placement.8.6ARTICLE V. PLACEMENT EVALUATION8.7    A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving 8.8state, the public child-placing agency shall provide a written request for assessment to 8.9the receiving state.8.10    B. For placements by a private child-placing agency, a child may be sent or brought, 8.11or caused to be sent or brought, into a receiving state, upon receipt and immediate review 8.12of the required content in a request for approval of a placement in both the sending and 8.13receiving state's public child-placing agency. The required content to accompany a request 8.14for provisional approval shall include all of the following:8.15    1. A request for approval identifying the child, birth parents, the prospective adoptive 8.16parents, and the supervising agency, signed by the person requesting approval; and8.17    2. The appropriate consents or relinquishments signed by the birthparents in 8.18accordance with the laws of the sending state or, where permitted, the laws of the state 8.19where the adoption will be finalized; and8.20    3. Certification by a licensed attorney or other authorized agent of a private adoption 8.21agency that the consent or relinquishment is in compliance with the applicable laws of the 8.22sending state, or where permitted the laws of the state where finalization of the adoption 8.23will occur; and8.24    4. A home study; and8.25    5. An acknowledgment of legal risk signed by the prospective adoptive parents.8.26    C. The sending state and the receiving state may request additional information or 8.27documents prior to finalization of an approved placement, but they may not delay travel 8.28by the prospective adoptive parents with the child if the required content for approval 8.29has been submitted, received, and reviewed by the public child-placing agency in both 8.30the sending state and the receiving state.8.31    D. Approval from the public child-placing agency in the receiving state for a 8.32provisional or approved placement is required as provided for in the rules of the Interstate 8.33Commission.8.34    E. The procedures for making, and the request for an assessment, shall contain all 8.35information and be in such form as provided for in the rules of the Interstate Commission.9.1    F. Upon receipt of a request from the public child-placing agency of the sending 9.2state, the receiving state shall initiate an assessment of the proposed placement to 9.3determine its safety and suitability. If the proposed placement is a placement with a 9.4relative, the public child-placing agency of the sending state may request a determination 9.5for a provisional placement.9.6    G. The public child-placing agency in the receiving state may request from the 9.7public child-placing agency or the private child-placing agency in the sending state, and 9.8shall be entitled to receive supporting or additional information necessary to complete 9.9the assessment.9.10ARTICLE VI. PLACEMENT AUTHORITY9.11    A. Except as otherwise provided in this compact, no child subject to this compact 9.12shall be placed into a receiving state until approval for such placement is obtained.9.13    B. If the public child-placing agency in the receiving state does not approve 9.14the proposed placement then the child shall not be placed. The receiving state shall 9.15provide written documentation of any such determination in accordance with the rules 9.16promulgated by the Interstate Commission. Such determination is not subject to judicial 9.17review in the sending state.9.18    C. If the proposed placement is not approved, any interested party shall have 9.19standing to seek an administrative review of the receiving state's determination.9.20    1. The administrative review and any further judicial review associated with 9.21the determination shall be conducted in the receiving state pursuant to its applicable 9.22Administrative procedures Procedure Act.9.23    2. If a determination not to approve the placement of the child in the receiving state 9.24is overturned upon review, the placement shall be deemed approved, provided however 9.25that all administrative or judicial remedies have been exhausted or the time for such 9.26remedies has passed.9.27ARTICLE VII. PLACING AGENCY RESPONSIBILITY9.28    A. For the interstate placement of a child made by a public child-placing agency 9.29or state court:9.30    1. The public child-placing agency in the sending state shall have financial 9.31responsibility for:9.32    a. the ongoing support and maintenance for the child during the period of the 9.33placement, unless otherwise provided for in the receiving state; and9.34    b. as determined by the public child-placing agency in the sending state, services for 9.35the child beyond the public services for which the child is eligible in the receiving state.9.36    2. The receiving state shall only have financial responsibility for:10.1    a. any assessment conducted by the receiving state; and10.2    b. supervision conducted by the receiving state at the level necessary to support 10.3the placement as agreed upon by the public child-placing agencies of the receiving and 10.4sending state.10.5    3. Nothing in this provision shall prohibit public child-placing agencies in the 10.6sending state from entering into agreements with licensed agencies or persons in the 10.7receiving state to conduct assessments and provide supervision.10.8    B. For the placement of a child by a private child-placing agency preliminary to a 10.9possible adoption, the private child-placing agency shall be:10.10    1. Legally responsible for the child during the period of placement as provided for in 10.11the law of the sending state until the finalization of the adoption.10.12    2. Financially responsible for the child absent a contractual agreement to the 10.13contrary.10.14    C. The public child-placing agency in the receiving state shall provide timely 10.15assessments, as provided for in the rules of the Interstate Commission.10.16    D. The public child-placing agency in the receiving state shall provide, or arrange 10.17for the provision of, supervision and services for the child, including timely reports, 10.18during the period of the placement.10.19    E. Nothing in this compact shall be construed as to limit the authority of the public 10.20child-placing agency in the receiving state from contracting with a licensed agency or 10.21person in the receiving state for an assessment or the provision of supervision or services 10.22for the child or otherwise authorizing the provision of supervision or services by a licensed 10.23agency during the period of placement.10.24    F. Each member state shall provide for coordination among its branches of 10.25government concerning the state's participation in, and compliance with, the compact and 10.26Interstate Commission activities, through the creation of an advisory council or use of an 10.27existing body or board.10.28    G. Each member state shall establish a central state compact office, which shall 10.29be responsible for state compliance with the compact and the rules of the Interstate 10.30Commission.10.31    H. The public child-placing agency in the sending state shall oversee compliance 10.32with the provisions of the Indian Child Welfare Act (United States Code, title 25, chapter 10.3321, section 1901 et seq.) for placements subject to the provisions of this compact, prior 10.34to placement.11.1    I. With the consent of the Interstate Commission, states may enter into limited 11.2agreements that facilitate the timely assessment and provision of services and supervision 11.3of placements under this compact.11.4ARTICLE VIII. INTERSTATE COMMISSION FOR THE11.5PLACEMENT OF CHILDREN11.6    The member states hereby establish, by way of this compact, a commission known 11.7as the "Interstate Commission for the Placement of Children." The activities of the 11.8Interstate Commission are the formation of public policy and are a discretionary state 11.9function. The Interstate Commission shall:11.10    A. Be a joint commission of the member states and shall have the responsibilities, 11.11powers and duties set forth herein, and such additional powers as may be conferred upon it 11.12by subsequent concurrent action of the respective legislatures of the member states.11.13    B. Consist of one commissioner from each member state who shall be appointed by 11.14the executive head of the state human services administration with ultimate responsibility 11.15for the child welfare program. The appointed commissioner shall have the legal authority 11.16to vote on policy-related matters governed by this compact binding the state.11.17    1. Each member state represented at a meeting of the Interstate Commission is 11.18entitled to one vote.11.19    2. A majority of the member states shall constitute a quorum for the transaction of 11.20business, unless a larger quorum is required by the bylaws of the Interstate Commission.11.21    3. A representative shall not delegate a vote to another member state.11.22    4. A representative may delegate voting authority to another person from their state 11.23for a specified meeting.11.24    C. In addition to the commissioners of each member state, the Interstate Commission 11.25shall include persons who are members of interested organizations as defined in the bylaws 11.26or rules of the Interstate Commission. Such members shall be ex officio and shall not be 11.27entitled to vote on any matter before the Interstate Commission.11.28    D. Establish an executive committee which shall have the authority to administer 11.29the day-to-day operations and administration of the Interstate Commission. It shall not 11.30have the power to engage in rulemaking.11.31ARTICLE IX. POWERS AND DUTIES OF11.32THE INTERSTATE COMMISSION11.33    The Interstate Commission shall have the following powers:11.34    A. To promulgate rules and take all necessary actions to effect the goals, purposes 11.35and obligations as enumerated in this compact.11.36    B. To provide for dispute resolution among member states.12.1    C. To issue, upon request of a member state, advisory opinions concerning the 12.2meaning or interpretation of the interstate compact, its bylaws, rules or actions.12.3    D. To enforce compliance with this compact or the bylaws or rules of the Interstate 12.4Commission pursuant to Article XII.12.5    E. Collect standardized data concerning the interstate placement of children subject 12.6to this compact as directed through its rules which shall specify the data to be collected, 12.7the means of collection and data exchange and reporting requirements.12.8    F. To establish and maintain offices as may be necessary for the transacting of its 12.9business.12.10    G. To purchase and maintain insurance and bonds.12.11    H. To hire or contract for services of personnel or consultants as necessary to 12.12carry out its functions under the compact and establish personnel qualification policies, 12.13and rates of compensation.12.14    I. To establish and appoint committees and officers including, but not limited to, an 12.15executive committee as required by Article X.12.16    J. To accept any and all donations and grants of money, equipment, supplies, 12.17materials, and services, and to receive, utilize, and dispose thereof.12.18    K. To lease, purchase, accept contributions or donations of, or otherwise to own, 12.19hold, improve, or use any property, real, personal, or mixed.12.20    L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose 12.21of any property, real, personal, or mixed.12.22    M. To establish a budget and make expenditures.12.23    N. To adopt a seal and bylaws governing the management and operation of the 12.24Interstate Commission.12.25    O. To report annually to the legislatures, governors, the judiciary, and state advisory 12.26councils of the member states concerning the activities of the Interstate Commission 12.27during the preceding year. Such reports shall also include any recommendations that may 12.28have been adopted by the Interstate Commission.12.29    P. To coordinate and provide education, training, and public awareness regarding the 12.30interstate movement of children for officials involved in such activity.12.31    Q. To maintain books and records in accordance with the bylaws of the Interstate 12.32Commission.12.33    R. To perform such functions as may be necessary or appropriate to achieve the 12.34purposes of this compact.12.35ARTICLE X. ORGANIZATION AND OPERATION OF THE 12.36INTERSTATE COMMISSION13.1    A. Bylaws13.2    1. Within 12 months after the first Interstate Commission meeting, the Interstate 13.3Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate 13.4to carry out the purposes of the compact.13.5    2. The Interstate Commission's bylaws and rules shall establish conditions and 13.6procedures under which the Interstate Commission shall make its information and official 13.7records available to the public for inspection or copying. The Interstate Commission may 13.8exempt from disclosure information or official records to the extent they would adversely 13.9affect personal privacy rights or proprietary interests.13.10    B. Meetings13.11    1. The Interstate Commission shall meet at least once each calendar year. The 13.12chairperson may call additional meetings and, upon the request of a simple majority of the 13.13member states shall call additional meetings.13.14    2. Public notice shall be given by the Interstate Commission of all meetings and 13.15all meetings shall be open to the public, except as set forth in the rules or as otherwise 13.16provided in the compact. The Interstate Commission and its committees may close a 13.17meeting, or portion thereof, where it determines by two-thirds vote that an open meeting 13.18would be likely to:13.19    a. relate solely to the Interstate Commission's internal personnel practices and 13.20procedures; or13.21    b. disclose matters specifically exempted from disclosure by federal law; or13.22    c. disclose financial or commercial information which is privileged, proprietary or 13.23confidential in nature; or13.24    d. involve accusing a person of a crime, or formally censuring a person; or13.25    e. disclose information of a personal nature where disclosure would constitute 13.26a clearly unwarranted invasion of personal privacy or physically endanger one or more 13.27persons; or13.28    f. disclose investigative records compiled for law enforcement purposes; or13.29    g. specifically relate to the Interstate Commission's participation in a civil action 13.30or other legal proceeding.13.31    3. For a meeting, or portion of a meeting, closed pursuant to this provision, the 13.32Interstate Commission's legal counsel or designee shall certify that the meeting may be 13.33closed and shall reference each relevant exemption provision. The Interstate Commission 13.34shall keep minutes which shall fully and clearly describe all matters discussed in a meeting 13.35and shall provide a full and accurate summary of actions taken, and the reasons therefore, 13.36including a description of the views expressed and the record of a roll call vote. All 14.1documents considered in connection with an action shall be identified in such minutes. All 14.2minutes and documents of a closed meeting shall remain under seal, subject to release by a 14.3majority vote of the Interstate Commission or by court order.14.4    4. The bylaws may provide for meetings of the Interstate Commission to be 14.5conducted by telecommunication or other electronic communication.14.6    C. Officers and Staff14.7    1. The Interstate Commission may, through its executive committee, appoint or 14.8retain a staff director for such period, upon such terms and conditions and for such 14.9compensation as the Interstate Commission may deem appropriate. The staff director shall 14.10serve as secretary to the Interstate Commission, but shall not have a vote. The staff director 14.11may hire and supervise such other staff as may be authorized by the Interstate Commission.14.12    2. The Interstate Commission shall elect, from among its members, a chairperson 14.13and a vice chairperson of the executive committee and other necessary officers, each of 14.14whom shall have such authority and duties as may be specified in the bylaws.14.15    D. Qualified Immunity, Defense and Indemnification14.16    1. The Interstate Commission's staff director and its employees shall be immune 14.17from suit and liability, either personally or in their official capacity, for a claim for damage 14.18to or loss of property or personal injury or other civil liability caused or arising out of or 14.19relating to an actual or alleged act, error, or omission that occurred, or that such person had 14.20a reasonable basis for believing occurred within the scope of commission employment, 14.21duties, or responsibilities; provided, that such person shall not be protected from suit or 14.22liability for damage, loss, injury, or liability caused by a criminal act or the intentional or 14.23willful and wanton misconduct of such person.14.24    a. The liability of the Interstate Commission's staff director and employees 14.25or Interstate Commission representatives, acting within the scope of such person's 14.26employment or duties for acts, errors, or omissions occurring within such person's state 14.27may not exceed the limits of liability set forth under the Constitution and laws of that state 14.28for state officials, employees, and agents. The Interstate Commission is considered to 14.29be an instrumentality of the states for the purposes of any such action. Nothing in this 14.30subsection shall be construed to protect such person from suit or liability for damage, 14.31loss, injury, or liability caused by a criminal act or the intentional or willful and wanton 14.32misconduct of such person.14.33    b. The Interstate Commission shall defend the staff director and its employees and, 14.34subject to the approval of the Attorney General or other appropriate legal counsel of the 14.35member state shall defend the commissioner of a member state in a civil action seeking to 14.36impose liability arising out of an actual or alleged act, error, or omission that occurred 15.1within the scope of Interstate Commission employment, duties or responsibilities, or that 15.2the defendant had a reasonable basis for believing occurred within the scope of Interstate 15.3Commission employment, duties, or responsibilities, provided that the actual or alleged 15.4act, error, or omission did not result from intentional or willful and wanton misconduct on 15.5the part of such person.15.6    c. To the extent not covered by the state involved, member state, or the Interstate 15.7Commission, the representatives or employees of the Interstate Commission shall be 15.8held harmless in the amount of a settlement or judgment, including attorney's fees and 15.9costs, obtained against such persons arising out of an actual or alleged act, error, or 15.10omission that occurred within the scope of Interstate Commission employment, duties, or 15.11responsibilities, or that such persons had a reasonable basis for believing occurred within 15.12the scope of Interstate Commission employment, duties, or responsibilities, provided that 15.13the actual or alleged act, error, or omission did not result from intentional or willful and 15.14wanton misconduct on the part of such persons.15.15ARTICLE XI. RULEMAKING FUNCTIONS OF15.16THE INTERSTATE COMMISSION15.17    A. The Interstate Commission shall promulgate and publish rules in order to 15.18effectively and efficiently achieve the purposes of the compact.15.19    B. Rulemaking shall occur pursuant to the criteria set forth in this article and the 15.20bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform 15.21to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform 15.22Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as 15.23the Interstate Commission deems appropriate consistent with due process requirements 15.24under the United States Constitution as now or hereafter interpreted by the United States 15.25Supreme Court. All rules and amendments shall become binding as of the date specified, 15.26as published with the final version of the rule as approved by the Interstate Commission.15.27    C. When promulgating a rule, the Interstate Commission shall, at a minimum:15.28    1. Publish the proposed rule's entire text stating the reason(s) for that proposed 15.29rule; and15.30    2. Allow and invite any and all persons to submit written data, facts, opinions, 15.31and arguments, which information shall be added to the record, and be made publicly 15.32available; and15.33    3. Promulgate a final rule and its effective date, if appropriate, based on input from 15.34state or local officials, or interested parties.16.1    D. Rules promulgated by the Interstate Commission shall have the force and effect 16.2of administrative rules and shall be binding in the compacting states to the extent and in 16.3the manner provided for in this compact.16.4    E. Not later than 60 days after a rule is promulgated, an interested person may 16.5file a petition in the United States District Court for the District of Columbia or in the 16.6Federal District Court where the Interstate Commission's principal office is located for 16.7judicial review of such rule. If the court finds that the Interstate Commission's action is 16.8not supported by substantial evidence in the rulemaking record, the court shall hold the 16.9rule unlawful and set it aside.16.10    F. If a majority of the legislatures of the member states rejects a rule, those states 16.11may by enactment of a statute or resolution in the same manner used to adopt the compact 16.12cause that such rule shall have no further force and effect in any member state.16.13    G. The existing rules governing the operation of the Interstate Compact on the 16.14Placement of Children superseded by this act shall be null and void no less than 12, but 16.15no more than 24 months after the first meeting of the Interstate Commission created 16.16hereunder, as determined by the members during the first meeting.16.17    H. Within the first 12 months of operation, the Interstate Commission shall 16.18promulgate rules addressing the following:16.19    1. Transition rules16.20    2. Forms and procedures16.21    3. Timelines16.22    4. Data collection and reporting16.23    5. Rulemaking16.24    6. Visitation16.25    7. Progress reports/supervision16.26    8. Sharing of information/confidentiality16.27    9. Financing of the Interstate Commission16.28    10. Mediation, arbitration, and dispute resolution16.29    11. Education, training, and technical assistance16.30    12. Enforcement16.31    13. Coordination with other interstate compacts16.32    I. Upon determination by a majority of the members of the Interstate Commission 16.33that an emergency exists:16.34    1. The Interstate Commission may promulgate an emergency rule only if it is 16.35required to:17.1    a. Protect the children covered by this compact from an imminent threat to their 17.2health, safety, and well-being; or17.3    b. Prevent loss of federal or state funds; or17.4    c. Meet a deadline for the promulgation of an administrative rule required by 17.5federal law.17.6    2. An emergency rule shall become effective immediately upon adoption, provided 17.7that the usual rulemaking procedures provided hereunder shall be retroactively applied 17.8to said rule as soon as reasonably possible, but no later than 90 days after the effective 17.9date of the emergency rule.17.10    3. An emergency rule shall be promulgated as provided for in the rules of the 17.11Interstate Commission.17.12ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION,17.13ENFORCEMENT17.14    A. Oversight17.15    1. The Interstate Commission shall oversee the administration and operation of the 17.16compact.17.17    2. The executive, legislative, and judicial branches of state government in each 17.18member state shall enforce this compact and the rules of the Interstate Commission and 17.19shall take all actions necessary and appropriate to effectuate the compact's purposes and 17.20intent. The compact and its rules shall be binding in the compacting states to the extent 17.21and in the manner provided for in this compact.17.22    3. All courts shall take judicial notice of the compact and the rules in any judicial 17.23or administrative proceeding in a member state pertaining to the subject matter of this 17.24compact.17.25    4. The Interstate Commission shall be entitled to receive service of process in any 17.26action in which the validity of a compact provision or rule is the issue for which a judicial 17.27determination has been sought and shall have standing to intervene in any proceedings. 17.28Failure to provide service of process to the Interstate Commission shall render any 17.29judgment, order or other determination, however so captioned or classified, void as to the 17.30Interstate Commission, this compact, its bylaws, or rules of the Interstate Commission.17.31    B. Dispute Resolution17.32    1. The Interstate Commission shall attempt, upon the request of a member state, to 17.33resolve disputes which are subject to the compact and which may arise among member 17.34states and between member and nonmember states.18.1    2. The Interstate Commission shall promulgate a rule providing for both mediation 18.2and binding dispute resolution for disputes among compacting states. The costs of such 18.3mediation or dispute resolution shall be the responsibility of the parties to the dispute.18.4    C. Enforcement18.5    1. If the Interstate Commission determines that a member state has defaulted in the 18.6performance of its obligations or responsibilities under this compact, its bylaws or rules, 18.7the Interstate Commission may:18.8    a. Provide remedial training and specific technical assistance; or18.9    b. Provide written notice to the defaulting state and other member states, of the 18.10nature of the default and the means of curing the default. The Interstate Commission shall 18.11specify the conditions by which the defaulting state must cure its default; or18.12    c. By majority vote of the members, initiate against a defaulting member state legal 18.13action in the United States District Court for the District of Columbia or, at the discretion 18.14of the Interstate Commission, in the federal district where the Interstate Commission has 18.15its principal office, to enforce compliance with the provisions of the compact, its bylaws, 18.16or rules. The relief sought may include both injunctive relief and damages. In the event 18.17judicial enforcement is necessary the prevailing party shall be awarded all costs of such 18.18litigation including reasonable attorney's fees; or18.19    d. Avail itself of any other remedies available under state law or the regulation of 18.20official or professional conduct.18.21ARTICLE XIII. FINANCING OF THE COMMISSION18.22    A. The Interstate Commission shall pay, or provide for the payment of the reasonable 18.23expenses of its establishment, organization, and ongoing activities.18.24    B. The Interstate Commission may levy on and collect an annual assessment from 18.25each member state to cover the cost of the operations and activities of the Interstate 18.26Commission and its staff which must be in a total amount sufficient to cover the Interstate 18.27Commission's annual budget as approved by its members each year. The aggregate annual 18.28assessment amount shall be allocated based upon a formula to be determined by the 18.29Interstate Commission which shall promulgate a rule binding upon all member states.18.30    C. The Interstate Commission shall not incur obligations of any kind prior to securing 18.31the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit 18.32of any of the member states, except by and with the authority of the member state.18.33    D. The Interstate Commission shall keep accurate accounts of all receipts and 18.34disbursements. The receipts and disbursements of the Interstate Commission shall be 18.35subject to the audit and accounting procedures established under its bylaws. However, 18.36all receipts and disbursements of funds handled by the Interstate Commission shall be 19.1audited yearly by a certified or licensed public accountant and the report of the audit shall 19.2be included in and become part of the annual report of the Interstate Commission.19.3ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE19.4AND AMENDMENT19.5    A. Any state is eligible to become a member state.19.6    B. The compact shall become effective and binding upon legislative enactment of 19.7the compact into law by no less than 35 states. The effective date shall be the later of July 19.81, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall 19.9become effective and binding as to any other member state upon enactment of the compact 19.10into law by that state. The executive heads of the state human services administration 19.11with ultimate responsibility for the child welfare program of nonmember states or their 19.12designees shall be invited to participate in the activities of the Interstate Commission on a 19.13non-voting nonvoting basis prior to adoption of the compact by all states.19.14    C. The Interstate Commission may propose amendments to the compact for 19.15enactment by the member states. No amendment shall become effective and binding 19.16on the member states unless and until it is enacted into law by unanimous consent of 19.17the member states.19.18ARTICLE XV. WITHDRAWAL AND DISSOLUTION19.19    A. Withdrawal19.20    1. Once effective, the compact shall continue in force and remain binding upon each 19.21and every member state; provided that a member state may withdraw from the compact 19.22specifically repealing the statute which enacted the compact into law.19.23    2. Withdrawal from this compact shall be by the enactment of a statute repealing 19.24the same. The effective date of withdrawal shall be the effective date of the repeal of 19.25the statute.19.26    3. The withdrawing state shall immediately notify the president of the Interstate 19.27Commission in writing upon the introduction of legislation repealing this compact in the 19.28withdrawing state. The Interstate Commission shall then notify the other member states of 19.29the withdrawing state's intent to withdraw.19.30    4. The withdrawing state is responsible for all assessments, obligations, and 19.31liabilities incurred through the effective date of withdrawal.19.32    5. Reinstatement following withdrawal of a member state shall occur upon the 19.33withdrawing state reenacting the compact or upon such later date as determined by the 19.34members of the Interstate Commission.19.35    B. Dissolution of Compact20.1    1. This compact shall dissolve effective upon the date of the withdrawal or default 20.2of the member state which reduces the membership in the compact to one member state.20.3    2. Upon the dissolution of this compact, the compact becomes null and void and shall 20.4be of no further force or effect, and the business and affairs of the Interstate Commission 20.5shall be concluded and surplus funds shall be distributed in accordance with the bylaws.20.6ARTICLE XVI. SEVERABILITY AND CONSTRUCTION20.7    A. The provisions of this compact shall be severable, and if any phrase, clause, 20.8sentence, or provision is deemed unenforceable, the remaining provisions of the compact 20.9shall be enforceable.20.10    B. The provisions of this compact shall be liberally construed to effectuate its 20.11purposes.20.12    C. Nothing in this compact shall be construed to prohibit the concurrent applicability 20.13of other interstate compacts to which the states are members.20.14ARTICLE XVII. BINDING EFFECT OF COMPACT20.15AND OTHER LAWS20.16    A. Other Laws20.17    1. Nothing herein prevents the enforcement of any other law of a member state 20.18that is not inconsistent with this compact.20.19    B. Binding Effect of the Compact20.20    1. All lawful actions of the Interstate Commission, including all rules and bylaws 20.21promulgated by the Interstate Commission, are binding upon the member states.20.22    2. All agreements between the Interstate Commission and the member states are 20.23binding in accordance with their terms.20.24    3. In the event any provision of this compact exceeds the constitutional limits 20.25imposed on the legislature of any member state, such provision shall be ineffective to the 20.26extent of the conflict with the constitutional provision in question in that member state.20.27ARTICLE XVIII. INDIAN TRIBES20.28    Notwithstanding any other provision in this compact, the Interstate Commission 20.29may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or 20.30all of the purposes of the compact as specified in Article I. The Interstate Commission 20.31shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to 20.32reflect the diverse circumstances of the various Indian tribes.20.33    Sec. 2. Minnesota Statutes 2008, section 260C.201, subdivision 3, is amended to read:20.34    Subd. 3. Domestic child abuse. (a) If the court finds that the child is a victim of 20.35domestic child abuse, as defined in section 
         260C.007, subdivision 28 13, it may order any 21.1of the following dispositions of the case in addition to or as alternatives to the dispositions 21.2authorized under subdivision 1: 21.3(1) restrain any party from committing acts of domestic child abuse;21.4(2) exclude the abusing party from the dwelling which the family or household 21.5members share or from the residence of the child;21.6(3) on the same basis as is provided in chapter 518, establish temporary visitation 21.7with regard to minor children of the adult family or household members;21.8(4) on the same basis as is provided in chapter 518 or 518A, establish temporary 21.9support or maintenance for a period of 30 days for minor children or a spouse;21.10(5) provide counseling or other social services for the family or household members; 21.11or21.12(6) order the abusing party to participate in treatment or counseling services.21.13Any relief granted by the order for protection shall be for a fixed period not to 21.14exceed one year.21.15(b) No order excluding the abusing party from the dwelling may be issued unless 21.16the court finds that:21.17(1) the order is in the best interests of the child or children remaining in the dwelling;21.18(2) a remaining adult family or household member is able to care adequately for the 21.19child or children in the absence of the excluded party; and21.20(3) the local welfare agency has developed a plan to provide appropriate social 21.21services to the remaining family or household members.21.22(c) Upon a finding that the remaining parent is able to care adequately for the child 21.23and enforce an order excluding the abusing party from the home and that the provision of 21.24supportive services by the responsible social services agency is no longer necessary, the 21.25responsible social services agency may be dismissed as a party to the proceedings. Orders 21.26entered regarding the abusing party remain in full force and effect and may be renewed by 21.27the remaining parent as necessary for the continued protection of the child for specified 21.28periods of time, not to exceed one year.21.29    Sec. 3. Minnesota Statutes 2008, section 260C.201, subdivision 11, is amended to read:21.30    Subd. 11. Review of court-ordered placements; permanent placement 21.31determination. (a) This subdivision and subdivision 11a do not apply in to cases where 21.32the child is in placement due solely to foster care for treatment of the child's developmental 21.33disability or emotional disturbance, where legal custody has not been transferred to the 21.34responsible social services agency, and where the court finds compelling reasons under 21.35section 260C.007, subdivision 8, to continue the child in foster care past the time periods 22.1specified in this subdivision chapter 260D. Foster care placements of children due solely 22.2to their disability for treatment are governed by section 260C.141, subdivision 2a chapter 22.3260D. In all other cases where the child is in foster care or in the care of a noncustodial 22.4parent under subdivision 1, the court shall commence proceedings to determine the 22.5permanent status of a child not later than 12 months after the child is placed in foster care 22.6or in the care of a noncustodial parent. At the admit-deny hearing commencing such 22.7proceedings, the court shall determine whether there is a prima facie basis for finding 22.8that the agency made reasonable efforts, or in the case of an Indian child active efforts, 22.9required under section 
         260.012 and proceed according to the rules of juvenile court.22.10    For purposes of this subdivision, the date of the child's placement in foster care is 22.11the earlier of the first court-ordered placement or 60 days after the date on which the 22.12child has been voluntarily placed in foster care by the child's parent or guardian. For 22.13purposes of this subdivision, time spent by a child under the protective supervision of the 22.14responsible social services agency in the home of a noncustodial parent pursuant to an 22.15order under subdivision 1 counts towards the requirement of a permanency hearing under 22.16this subdivision or subdivision 11a. Time spent on a trial home visit counts towards the 22.17requirement of a permanency hearing under this subdivision and a permanency review 22.18for a child under eight years of age under subdivision 11a.22.19    For purposes of this subdivision, 12 months is calculated as follows:22.20    (1) during the pendency of a petition alleging that a child is in need of protection 22.21or services, all time periods when a child is placed in foster care or in the home of a 22.22noncustodial parent are cumulated;22.23    (2) if a child has been placed in foster care within the previous five years under one 22.24or more previous petitions, the lengths of all prior time periods when the child was placed 22.25in foster care within the previous five years are cumulated. If a child under this clause 22.26has been in foster care for 12 months or more, the court, if it is in the best interests of the 22.27child and for compelling reasons, may extend the total time the child may continue out 22.28of the home under the current petition up to an additional six months before making a 22.29permanency determination.22.30    (b) Unless the responsible social services agency recommends return of the child 22.31to the custodial parent or parents, not later than 30 days prior to the admit-deny hearing 22.32required under paragraph (a) and the rules of juvenile court, the responsible social services 22.33agency shall file pleadings in juvenile court to establish the basis for the juvenile court to 22.34order permanent placement of the child, including a termination of parental rights petition, 22.35according to paragraph (d). Notice of the hearing and copies of the pleadings must be 22.36provided pursuant to section 
         260C.152.23.1    (c) The permanency proceedings shall be conducted in a timely fashion including 23.2that any trial required under section 
         260C.163 shall be commenced within 60 days of the 23.3admit-deny hearing required under paragraph (a). At the conclusion of the permanency 23.4proceedings, the court shall:23.5    (1) order the child returned to the care of the parent or guardian from whom the 23.6child was removed; or23.7    (2) order a permanent placement or termination of parental rights if permanent 23.8placement or termination of parental rights is in the child's best interests. The "best 23.9interests of the child" means all relevant factors to be considered and evaluated. Transfer 23.10of permanent legal and physical custody, termination of parental rights, or guardianship 23.11and legal custody to the commissioner through a consent to adopt are preferred 23.12permanency options for a child who cannot return home.23.13    (d) If the child is not returned to the home, the court must order one of the following 23.14dispositions:23.15    (1) permanent legal and physical custody to a relative in the best interests of the 23.16child according to the following conditions:23.17    (i) an order for transfer of permanent legal and physical custody to a relative shall 23.18only be made after the court has reviewed the suitability of the prospective legal and 23.19physical custodian;23.20    (ii) in transferring permanent legal and physical custody to a relative, the juvenile 23.21court shall follow the standards applicable under this chapter and chapter 260, and the 23.22procedures set out in the juvenile court rules;23.23    (iii) an order establishing permanent legal and physical custody under this 23.24subdivision must be filed with the family court;23.25    (iv) a transfer of legal and physical custody includes responsibility for the protection, 23.26education, care, and control of the child and decision making on behalf of the child;23.27    (v) the social services agency may bring a petition or motion naming a fit and 23.28willing relative as a proposed permanent legal and physical custodian. The commissioner 23.29of human services shall annually prepare for counties information that must be given to 23.30proposed custodians about their legal rights and obligations as custodians together with 23.31information on financial and medical benefits for which the child is eligible; and23.32    (vi) the juvenile court may maintain jurisdiction over the responsible social services 23.33agency, the parents or guardian of the child, the child, and the permanent legal and 23.34physical custodian for purposes of ensuring appropriate services are delivered to the child 23.35and permanent legal custodian or for the purpose of ensuring conditions ordered by the 23.36court related to the care and custody of the child are met;24.1    (2) termination of parental rights when the requirements of sections 
         260C.301 to 24.2260C.328
          are met or according to the following conditions:24.3    (i) order the social services agency to file a petition for termination of parental 24.4rights in which case all the requirements of sections 
         260C.301 to 
         260C.328 remain 24.5applicable; and24.6    (ii) an adoption completed subsequent to a determination under this subdivision may 24.7include an agreement for communication or contact under section 
         259.58;24.8    (3) long-term foster care according to the following conditions:24.9    (i) the court may order a child into long-term foster care only if it approves the 24.10responsible social service agency's compelling reasons that neither an award of permanent 24.11legal and physical custody to a relative, nor termination of parental rights is in the child's 24.12best interests;24.13    (ii) further, the court may only order long-term foster care for the child under this 24.14section if it finds the following:24.15    (A) the child has reached age 12 and the responsible social services agency has made 24.16reasonable efforts to locate and place the child with an adoptive family or with a fit and 24.17willing relative who will agree to a transfer of permanent legal and physical custody of 24.18the child, but such efforts have not proven successful; or24.19    (B) the child is a sibling of a child described in subitem (A) and the siblings have 24.20a significant positive relationship and are ordered into the same long-term foster care 24.21home; and24.22    (iii) at least annually, the responsible social services agency reconsiders its provision 24.23of services to the child and the child's placement in long-term foster care to ensure that:24.24    (A) long-term foster care continues to be the most appropriate legal arrangement 24.25for meeting the child's need for permanency and stability, including whether there is 24.26another permanent placement option under this chapter that would better serve the child's 24.27needs and best interests;24.28    (B) whenever possible, there is an identified long-term foster care family that is 24.29committed to being the foster family for the child as long as the child is a minor or under 24.30the jurisdiction of the court;24.31    (C) the child is receiving appropriate services or assistance to maintain or build 24.32connections with the child's family and community;24.33    (D) the child's physical and mental health needs are being appropriately provided 24.34for; and24.35    (E) the child's educational needs are being met;24.36    (4) foster care for a specified period of time according to the following conditions:25.1    (i) foster care for a specified period of time may be ordered only if:25.2    (A) the sole basis for an adjudication that the child is in need of protection or 25.3services is the child's behavior;25.4    (B) the court finds that foster care for a specified period of time is in the best 25.5interests of the child; and25.6    (C) the court approves the responsible social services agency's compelling reasons 25.7that neither an award of permanent legal and physical custody to a relative, nor termination 25.8of parental rights is in the child's best interests;25.9    (ii) the order does not specify that the child continue in foster care for any period 25.10exceeding one year; or25.11    (5) guardianship and legal custody to the commissioner of human services under 25.12the following procedures and conditions:25.13    (i) there is an identified prospective adoptive home agreed to by the responsible 25.14social services agency having legal custody of the child pursuant to court order under this 25.15section that has agreed to adopt the child and the court accepts the parent's voluntary 25.16consent to adopt under section 
         259.24, except that such consent executed by a parent under 25.17this item, following proper notice that consent given under this provision is irrevocable 25.18upon acceptance by the court, shall be irrevocable unless fraud is established and an order 25.19issues permitting revocation as stated in item (vii);25.20    (ii) if the court accepts a consent to adopt in lieu of ordering one of the other 25.21enumerated permanency dispositions, the court must review the matter at least every 90 25.22days. The review will address the reasonable efforts of the agency to achieve a finalized 25.23adoption;25.24    (iii) a consent to adopt under this clause vests all legal authority regarding the child, 25.25including guardianship and legal custody of the child, with the commissioner of human 25.26services as if the child were a state ward after termination of parental rights;25.27    (iv) the court must forward a copy of the consent to adopt, together with a certified 25.28copy of the order transferring guardianship and legal custody to the commissioner, to 25.29the commissioner;25.30    (v) if an adoption is not finalized by the identified prospective adoptive parent within 25.3112 months of the execution of the consent to adopt under this clause, the commissioner of 25.32human services or the commissioner's delegate shall pursue adoptive placement in another 25.33home unless the commissioner certifies that the failure to finalize is not due to either an 25.34action or a failure to act by the prospective adoptive parent;25.35    (vi) notwithstanding item (v), the commissioner of human services or the 25.36commissioner's designee must pursue adoptive placement in another home as soon as the 26.1commissioner or commissioner's designee determines that finalization of the adoption with 26.2the identified prospective adoptive parent is not possible, that the identified prospective 26.3adoptive parent is not willing to adopt the child, that the identified prospective adoptive 26.4parent is not cooperative in completing the steps necessary to finalize the adoption, or 26.5upon the commissioner's determination to withhold consent to the adoption.26.6    (vii) unless otherwise required by the Indian Child Welfare Act, United States Code, 26.7title 25, section 1913, a consent to adopt executed under this section, following proper 26.8notice that consent given under this provision is irrevocable upon acceptance by the court, 26.9shall be irrevocable upon acceptance by the court except upon order permitting revocation 26.10issued by the same court after written findings that consent was obtained by fraud.26.11    (e) In ordering a permanent placement of a child, the court must be governed by the 26.12best interests of the child, including a review of the relationship between the child and 26.13relatives and the child and other important persons with whom the child has resided or 26.14had significant contact. When the court has determined that permanent placement of the 26.15child away from the parent is necessary, the court shall consider permanent alternative 26.16homes that are available both inside and outside the state.26.17    (f) Once a permanent placement determination has been made and permanent 26.18placement has been established, further court reviews are necessary if:26.19    (1) the placement is long-term foster care or foster care for a specified period of time;26.20    (2) the court orders further hearings because it has retained jurisdiction of a transfer 26.21of permanent legal and physical custody matter;26.22    (3) an adoption has not yet been finalized; or26.23    (4) there is a disruption of the permanent or long-term placement.26.24    (g) Court reviews of an order for long-term foster care, whether under this section 26.25or section 
         260C.317, subdivision 3, paragraph (d), must be conducted at least yearly and 26.26must review the child's out-of-home placement plan and the reasonable efforts of the 26.27agency to finalize the permanent plan for the child including the agency's efforts to:26.28    (1) ensure that long-term foster care continues to be the most appropriate legal 26.29arrangement for meeting the child's need for permanency and stability or, if not, to identify 26.30and attempt to finalize another permanent placement option under this chapter that would 26.31better serve the child's needs and best interests;26.32    (2) identify a specific long-term foster home for the child, if one has not already 26.33been identified;26.34    (3) support continued placement of the child in the identified home, if one has been 26.35identified;27.1    (4) ensure appropriate services are provided to address the physical health, mental 27.2health, and educational needs of the child during the period of long-term foster care and 27.3also ensure appropriate services or assistance to maintain relationships with appropriate 27.4family members and the child's community; and27.5    (5) plan for the child's independence upon the child's leaving long-term foster care 27.6living as required under section 
         260C.212, subdivision 1.27.7    (h) In the event it is necessary for a child that has been ordered into foster care for a 27.8specified period of time to be in foster care longer than one year after the permanency 27.9hearing held under this section, not later than 12 months after the time the child was 27.10ordered into foster care for a specified period of time, the matter must be returned to 27.11court for a review of the appropriateness of continuing the child in foster care and of the 27.12responsible social services agency's reasonable efforts to finalize a permanent plan for 27.13the child; if it is in the child's best interests to continue the order for foster care for a 27.14specified period of time past a total of 12 months, the court shall set objectives for the 27.15child's continuation in foster care, specify any further amount of time the child may be in 27.16foster care, and review the plan for the safe return of the child to the parent.27.17    (i) An order permanently placing a child out of the home of the parent or guardian 27.18must include the following detailed findings:27.19    (1) how the child's best interests are served by the order;27.20    (2) the nature and extent of the responsible social service agency's reasonable efforts, 27.21or, in the case of an Indian child, active efforts to reunify the child with the parent or 27.22guardian where reasonable efforts are required;27.23    (3) the parent's or parents' efforts and ability to use services to correct the conditions 27.24which led to the out-of-home placement; and27.25    (4) that the conditions which led to the out-of-home placement have not been 27.26corrected so that the child can safely return home.27.27    (j) An order for permanent legal and physical custody of a child may be modified 27.28under sections 
         518.18 and 
         518.185. The social services agency is a party to the proceeding 27.29and must receive notice. A parent may only seek modification of an order for long-term 27.30foster care upon motion and a showing by the parent of a substantial change in the parent's 27.31circumstances such that the parent could provide appropriate care for the child and that 27.32removal of the child from the child's permanent placement and the return to the parent's 27.33care would be in the best interest of the child. The responsible social services agency may 27.34ask the court to vacate an order for long-term foster care upon a prima facie showing 27.35that there is a factual basis for the court to order another permanency option under this 27.36chapter and that such an option is in the child's best interests. Upon a hearing where 28.1the court determines that there is a factual basis for vacating the order for long-term 28.2foster care and that another permanent order regarding the placement of the child is in 28.3the child's best interests, the court may vacate the order for long-term foster care and 28.4enter a different order for permanent placement that is in the child's best interests. The 28.5court shall not require further reasonable efforts to reunify the child with the parent or 28.6guardian as a basis for vacating the order for long-term foster care and ordering a different 28.7permanent placement in the child's best interests. The county attorney must file pleadings 28.8and give notice as required under the rules of juvenile court in order to modify an order for 28.9long-term foster care under this paragraph.28.10    (k) The court shall issue an order required under this section within 15 days of the 28.11close of the proceedings. The court may extend issuing the order an additional 15 days 28.12when necessary in the interests of justice and the best interests of the child.28.13    (l) This paragraph applies to proceedings required under this subdivision when 28.14the child is on a trial home visit:28.15    (1) if the child is on a trial home visit 12 months after the child was placed in 28.16foster care or in the care of a noncustodial parent as calculated in this subdivision, the 28.17responsible social services agency may file a report with the court regarding the child's and 28.18parent's progress on the trial home visit and its reasonable efforts to finalize the child's safe 28.19and permanent return to the care of the parent in lieu of filing the pleadings required under 28.20paragraph (b). The court shall make findings regarding reasonableness of the responsible 28.21social services efforts to finalize the child's return home as the permanent order in the best 28.22interests of the child. The court may continue the trial home visit to a total time not to 28.23exceed six months as provided in subdivision 1. If the court finds the responsible social 28.24services agency has not made reasonable efforts to finalize the child's return home as the 28.25permanent order in the best interests of the child, the court may order other or additional 28.26efforts to support the child remaining in the care of the parent; and28.27    (2) if a trial home visit ordered or continued at proceedings under this subdivision 28.28terminates, the court shall re-commence proceedings under this subdivision to determine 28.29the permanent status of the child not later than 30 days after the child is returned to foster 28.30care.28.31    Sec. 4. Minnesota Statutes 2008, section 260C.209, subdivision 3, is amended to read:28.32    Subd. 3. Multistate information.For every background study completed under this 28.33section, the subject of the background study shall provide the responsible social services 28.34agency with a set of classifiable fingerprints obtained from an authorized agency. The 28.35responsible social services agency shall provide the fingerprints to the commissioner, and 29.1the commissioner shall obtain criminal history data from the National Criminal Records 29.2Repository by submitting the fingerprints to the Bureau of Criminal Apprehension.29.3In cases involving the emergency relative placement of children under section 29.4245A.035, the social services agency or county attorney may request a name-based check 29.5of the National Criminal Records Repository. In those cases, fingerprints of the individual 29.6being checked must be forwarded to the Bureau of Criminal Apprehension for submission 29.7to the Federal Bureau of Investigation within 15 calendar days of the name-based check. If 29.8the subject of the name-based check does not provide fingerprints upon request, the child 29.9or children must be removed from the home.29.10    Sec. 5. Minnesota Statutes 2008, section 260C.212, subdivision 4, is amended to read:29.11    Subd. 4. Agency responsibilities for parents and children in placement. (a) 29.12When a child is in foster care, the responsible social services agency shall make diligent 29.13efforts to identify, locate, and, where appropriate, offer services to both parents of the child.29.14    (1) The responsible social services agency shall assess whether a noncustodial or 29.15nonadjudicated parent is willing and capable of providing for the day-to-day care of the 29.16child temporarily or permanently. An assessment under this clause may include, but 29.17is not limited to, obtaining information under section 
         260C.209. If after assessment, 29.18the responsible social services agency determines that a noncustodial or nonadjudicated 29.19parent is willing and capable of providing day-to-day care of the child, the responsible 29.20social services agency may seek authority from the custodial parent or the court to have 29.21that parent assume day-to-day care of the child. If a parent is not an adjudicated parent, 29.22the responsible social services agency shall require the nonadjudicated parent to cooperate 29.23with paternity establishment procedures as part of the case plan.29.24    (2) If, after assessment, the responsible social services agency determines that the 29.25child cannot be in the day-to-day care of either parent, the agency shall:29.26    (i) prepare an out-of-home placement plan addressing the conditions that each parent 29.27must meet before the child can be in that parent's day-to-day care; and29.28    (ii) provide a parent who is the subject of a background study under section 29.29260C.209
          15 days' notice that it intends to use the study to recommend against putting the 29.30child with that parent, as well as the notice provided in section 260C.209, subdivision 4,29.31and the court shall afford the parent an opportunity to be heard concerning the study.29.32    The results of a background study of a noncustodial parent shall not be used by the 29.33agency to determine that the parent is incapable of providing day-to-day care of the child 29.34unless the agency reasonably believes that placement of the child into the home of that 29.35parent would endanger the child's health, safety, or welfare.30.1    (3) If, after the provision of services following an out-of-home placement plan under 30.2this section, the child cannot return to the care of the parent from whom the child was 30.3removed or who had legal custody at the time the child was placed in foster care, the 30.4agency may petition on behalf of a noncustodial parent to establish legal custody with 30.5that parent under section 
         260C.201, subdivision 11. If paternity has not already been 30.6established, it may be established in the same proceeding in the manner provided for 30.7under chapter 257.30.8    (4) The responsible social services agency may be relieved of the requirement to 30.9locate and offer services to both parents by the juvenile court upon a finding of good cause 30.10after the filing of a petition under section 
         260C.141.30.11    (b) The responsible social services agency shall give notice to the parent or guardian 30.12of each child in foster care, other than a child in voluntary foster care for treatment under 30.13chapter 260D, of the following information:30.14    (1) that the child's placement in foster care may result in termination of parental 30.15rights or an order permanently placing the child out of the custody of the parent, but only 30.16after notice and a hearing as required under chapter 260C and the juvenile court rules;30.17    (2) time limits on the length of placement and of reunification services, including 30.18the date on which the child is expected to be returned to and safely maintained in the 30.19home of the parent or parents or placed for adoption or otherwise permanently removed 30.20from the care of the parent by court order;30.21    (3) the nature of the services available to the parent;30.22    (4) the consequences to the parent and the child if the parent fails or is unable to use 30.23services to correct the circumstances that led to the child's placement;30.24    (5) the first consideration for placement with relatives;30.25    (6) the benefit to the child in getting the child out of foster care as soon as possible, 30.26preferably by returning the child home, but if that is not possible, through a permanent 30.27legal placement of the child away from the parent;30.28    (7) when safe for the child, the benefits to the child and the parent of maintaining 30.29visitation with the child as soon as possible in the course of the case and, in any event, 30.30according to the visitation plan under this section; and30.31    (8) the financial responsibilities and obligations, if any, of the parent or parents for 30.32the support of the child during the period the child is in foster care.30.33    (c) The responsible social services agency shall inform a parent considering 30.34voluntary placement of a child under subdivision 8, of the following information:30.35    (1) the parent and the child each has a right to separate legal counsel before signing a 30.36voluntary placement agreement, but not to counsel appointed at public expense;31.1    (2) the parent is not required to agree to the voluntary placement, and a parent 31.2who enters a voluntary placement agreement may at any time request that the agency 31.3return the child. If the parent so requests, the child must be returned within 24 hours of 31.4the receipt of the request;31.5    (3) evidence gathered during the time the child is voluntarily placed may be used 31.6at a later time as the basis for a petition alleging that the child is in need of protection 31.7or services or as the basis for a petition seeking termination of parental rights or other 31.8permanent placement of the child away from the parent;31.9    (4) if the responsible social services agency files a petition alleging that the child is 31.10in need of protection or services or a petition seeking the termination of parental rights 31.11or other permanent placement of the child away from the parent, the parent would have 31.12the right to appointment of separate legal counsel and the child would have a right to the 31.13appointment of counsel and a guardian ad litem as provided by law, and that counsel will 31.14be appointed at public expense if they are unable to afford counsel; and31.15    (5) the timelines and procedures for review of voluntary placements under 31.16subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a 31.17permanent placement determination hearing under section 
         260C.201, subdivision 11.31.18    (d) When an agency accepts a child for placement, the agency shall determine 31.19whether the child has had a physical examination by or under the direction of a licensed 31.20physician within the 12 months immediately preceding the date when the child came into 31.21the agency's care. If there is documentation that the child has had an examination within 31.22the last 12 months, the agency is responsible for seeing that the child has another physical 31.23examination within one year of the documented examination and annually in subsequent 31.24years. If the agency determines that the child has not had a physical examination within 31.25the 12 months immediately preceding placement, the agency shall ensure that the child 31.26has an examination within 30 days of coming into the agency's care and once a year 31.27in subsequent years.31.28    (e) Whether under state guardianship or not, if a child leaves foster care by reason of 31.29having attained the age of majority under state law, the child must be given at no cost a 31.30copy of the child's social and medical history, as defined in section 
         259.43, and education 31.31report.31.32    Sec. 6. Minnesota Statutes 2008, section 260C.212, subdivision 7, is amended to read:31.33    Subd. 7. Administrative or court review of placements. (a) There shall be an 31.34administrative review of the out-of-home placement plan of each child placed in foster 31.35care no later than 180 days after the initial placement of the child in foster care and at least 32.1every six months thereafter if the child is not returned to the home of the parent or parents 32.2within that time. The out-of-home placement plan must be monitored and updated at each 32.3administrative review. The administrative review shall be conducted by the responsible 32.4social services agency using a panel of appropriate persons at least one of whom is not 32.5responsible for the case management of, or the delivery of services to, either the child or 32.6the parents who are the subject of the review. The administrative review shall be open to 32.7participation by the parent or guardian of the child and the child, as appropriate.32.8    (b) As an alternative to the administrative review required in paragraph (a), the court 32.9may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 32.10Procedure, conduct a hearing to monitor and update the out-of-home placement plan 32.11pursuant to the procedure and standard in section 
         260C.201, subdivision 6, paragraph (d). 32.12The party requesting review of the out-of-home placement plan shall give parties to the 32.13proceeding notice of the request to review and update the out-of-home placement plan. 32.14A court review conducted pursuant to section 
         260C.193; 260C.201, subdivision 1 or 11; 32.15260C.141, subdivision 2
          or 2a, clause (2); or 
         260C.317 shall satisfy the requirement for 32.16the review so long as the other requirements of this section are met. 32.17    (c) As appropriate to the stage of the proceedings and relevant court orders, the 32.18responsible social services agency or the court shall review:32.19    (1) the safety, permanency needs, and well-being of the child;32.20    (2) the continuing necessity for and appropriateness of the placement;32.21    (3) the extent of compliance with the out-of-home placement plan;32.22    (4) the extent of progress which has been made toward alleviating or mitigating the 32.23causes necessitating placement in foster care;32.24    (5) the projected date by which the child may be returned to and safely maintained in 32.25the home or placed permanently away from the care of the parent or parents or guardian; 32.26and32.27    (6) the appropriateness of the services provided to the child.32.28    (d) When a child is age 16 or older, in addition to any administrative review 32.29conducted by the agency, at the review required under section 
         260C.201, subdivision 11, 32.30paragraph (d), clause (3), item (iii); or 
         260C.317, subdivision 3, clause (3), the court shall 32.31review the independent living plan required under subdivision 1, paragraph (c), clause 32.32(8), and the provision of services to the child related to the well-being of the child as the 32.33child prepares to leave foster care. The review shall include the actual plans related to 32.34each item in the plan necessary to the child's future safety and well-being when the child is 32.35no longer in foster care.33.1    (1) At the court review, the responsible social services agency shall establish that it 33.2has given the notice required under Minnesota Rules, part 9560.0060, regarding the right 33.3to continued access to services for certain children in foster care past age 18 and of the 33.4right to appeal a denial of social services under section 
         256.245 256.045. If the agency is 33.5unable to establish that the notice, including the right to appeal a denial of social services, 33.6has been given, the court shall require the agency to give it.33.7    (2) The court shall make findings regarding progress toward or accomplishment of 33.8the following goals:33.9    (i) the child has obtained a high school diploma or its equivalent; 33.10    (ii) the child has completed a driver's education course or has demonstrated the 33.11ability to use public transportation in the child's community; 33.12    (iii) the child is employed or enrolled in postsecondary education; 33.13    (iv) the child has applied for and obtained postsecondary education financial aid for 33.14which the child is eligible; 33.15    (v) the child has health care coverage and health care providers to meet the child's 33.16physical and mental health needs; 33.17    (vi) the child has applied for and obtained disability income assistance for which 33.18the child is eligible; 33.19    (vii) the child has obtained affordable housing with necessary supports, which does 33.20not include a homeless shelter; 33.21    (viii) the child has saved sufficient funds to pay for the first month's rent and a 33.22damage deposit; 33.23    (ix) the child has an alternative affordable housing plan, which does not include a 33.24homeless shelter, if the original housing plan is unworkable; 33.25    (x) the child, if male, has registered for the Selective Service; and 33.26    (xi) the child has a permanent connection to a caring adult.33.27    (3) The court shall ensure that the responsible agency in conjunction with the 33.28placement provider assists the child in obtaining the following documents prior to the 33.29child's leaving foster care: a Social Security card; the child's birth certificate; a state 33.30identification card or driver's license, green card, or school visa; the child's school, 33.31medical, and dental records; a contact list of the child's medical, dental, and mental health 33.32providers; and contact information for the child's siblings, if the siblings are in foster care.33.33    Sec. 7. Minnesota Statutes 2008, section 260D.07, is amended to read:33.34260D.07 REQUIRED PERMANENCY REVIEW HEARING.34.1    (a) When the court has found that the voluntary arrangement is in the child's best 34.2interests and that the agency and parent are appropriately planning for the child pursuant 34.3to the report submitted under section 
         260D.06, and the child continues in voluntary foster 34.4care as defined in section 
         260D.02, subdivision 10, for 13 months from the date of the 34.5voluntary foster care agreement, or has been in placement for 15 of the last 22 months, the 34.6agency must:34.7    (1) terminate the voluntary foster care agreement and return the child home; or34.8    (2) determine whether there are compelling reasons to continue the voluntary foster 34.9care arrangement and, if the agency determines there are compelling reasons, seek judicial 34.10approval of its determination; or34.11    (3) file a petition for the termination of parental rights.34.12    (b) When the agency is asking for the court's approval of its determination that there 34.13are compelling reasons to continue the child in the voluntary foster care arrangement, the 34.14agency shall file a "Petition for Permanency Review Regarding a Child in Voluntary 34.15Foster Care for Treatment" and ask the court to proceed under this section.34.16    (c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster 34.17Care for Treatment" shall be drafted or approved by the county attorney and be under 34.18oath. The petition shall include:34.19    (1) the date of the voluntary placement agreement;34.20    (2) whether the petition is due to the child's developmental disability or emotional 34.21disturbance;34.22    (3) the plan for the ongoing care of the child and the parent's participation in the plan;34.23    (4) a description of the parent's visitation and contact with the child;34.24    (5) the date of the court finding that the foster care placement was in the best 34.25interests of the child, if required under section 
         260D.06, or the date the agency filed the 34.26motion under section 
         260D.09, paragraph (b);34.27    (6) the agency's reasonable efforts to finalize the permanent plan for the child, 34.28including returning the child to the care of the child's family; and 34.29    (7) a citation to this chapter as the basis for the petition.34.30    (d) An updated copy of the out-of-home placement plan required under section 34.31260C.212, subdivision 1
         , shall be filed with the petition.34.32    (e) The court shall set the date for the permanency review hearing no later than 14 34.33months after the child has been in placement or within 30 days of the petition filing date 34.34when the child has been in placement 15 of the last 22 months. The court shall serve the 34.35petition together with a notice of hearing by United States mail on the parent, the child 35.1age 12 or older, the child's guardian ad litem, if one has been appointed, the agency, the 35.2county attorney, and counsel for any party.35.3    (f) The court shall conduct the permanency review hearing on the petition no later 35.4than 14 months after the date of the voluntary placement agreement, within 30 days of the 35.5filing of the petition when the child has been in placement 15 days of the last 22 months, 35.6or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster 35.7care under chapter 260C, as provided in section 
         260D.09, paragraph (b).35.8    (g) At the permanency review hearing, the court shall:35.9    (1) inquire of the parent if the parent has reviewed the "Petition for Permanency 35.10Review Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is 35.11accurate, and whether the parent agrees to the continued voluntary foster care arrangement 35.12as being in the child's best interests;35.13    (2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts 35.14to finalize the permanent plan for the child, including whether there are services available 35.15and accessible to the parent that might allow the child to safely be with the child's family;35.16    (3) inquire of the parent if the parent consents to the court entering an order that:35.17    (i) approves the responsible agency's reasonable efforts to finalize the permanent 35.18plan for the child, which includes ongoing future planning for the safety, health, and best 35.19interests of the child; and35.20    (ii) approves the responsible agency's determination that there are compelling 35.21reasons why the continued voluntary foster care arrangement is in the child's best 35.22interests; and35.23    (4) inquire of the child's guardian ad litem and any other party whether the guardian 35.24or the party agrees that:35.25    (i) the court should approve the responsible agency's reasonable efforts to finalize 35.26the permanent plan for the child, which includes ongoing and future planning for the 35.27safety, health, and best interests of the child; and 35.28    (ii) the court should approve of the responsible agency's determination that there 35.29are compelling reasons why the continued voluntary foster care arrangement is in the 35.30child's best interests.35.31    (h) At a permanency review hearing under this section, the court may take the 35.32following actions based on the contents of the sworn petition and the consent of the parent:35.33    (1) approve the agency's compelling reasons that the voluntary foster care 35.34arrangement is in the best interests of the child; and35.35    (2) find that the agency has made reasonable efforts to finalize a plan for the 35.36permanent plan for the child.36.1    (i) A child, age 12 or older, may object to the agency's request that the court approve 36.2its compelling reasons for the continued voluntary arrangement and may be heard on the 36.3reasons for the objection. Notwithstanding the child's objection, the court may approve 36.4the agency's compelling reasons and the voluntary arrangement.36.5    (j) If the court does not approve the voluntary arrangement after hearing from the 36.6child or the child's guardian ad litem, the court shall dismiss the petition. In this case, 36.7either:36.8    (1) the child must be returned to the care of the parent; or36.9    (2) the agency must file a petition under section 
         260C.141, asking for appropriate 36.10relief under section 
         260C.201, subdivision 11, or 
         260C.301.36.11    (k) When the court approves the agency's compelling reasons for the child to 36.12continue in voluntary foster care for treatment, and finds that the agency has made 36.13reasonable efforts to finalize a permanent plan for the child, the court shall approve the 36.14continued voluntary foster care arrangement, and continue the matter under the court's 36.15jurisdiction for the purposes of reviewing the child's placement every 12 months while 36.16the child is in foster care.36.17    (l) A finding that the court approves the continued voluntary placement means 36.18the agency has continued legal authority to place the child while a voluntary placement 36.19agreement remains in effect. The parent or the agency may terminate a voluntary 36.20agreement as provided in section 
         260D.10. Termination of a voluntary foster care 36.21placement of an Indian child is governed by section 
         260.765, subdivision 4.36.22    Sec. 8. Laws 2008, chapter 361, article 6, section 58, is amended to read:36.23    Sec. 58. REVISOR'S INSTRUCTION.36.24    (a) In each section of Minnesota Statutes referred to in column A, the revisor of 36.25statutes shall delete the reference in column B and insert the reference in column C.

36.26Column AColumn BColumn C36.27259.67260.851, article 5260.853 260.93, article 436.28256B.094260.851260.853 260.93

36.29    (b) In each section of Minnesota Rules referred to in column A, the revisor of 36.30statutes shall delete the reference in column B and insert the reference in column C.

36.31Column AColumn BColumn C36.329545.0755260.851 to 260.91260.855 to 260.9336.339545.0815260.851260.9337.19550.6210260.851 to 260.91260.855 to 260.9337.29560.0130260.851260.93

37.3(c) The revisor of statutes shall replace "Interstate Compact on the Placement of 37.4Children" with "Interstate Compact for the Placement of Children" wherever it appears 37.5in rules or statutes.37.6EFFECTIVE DATE.This section is effective upon legislative enactment of the 37.7compact in Minnesota Statutes, section 260.93, into law by no less than 35 states. The 37.8commissioner of human services shall inform the revisor of statutes when this occurs.37.9    Sec. 9.  REPEALER.37.10Minnesota Statutes 2008, section 260C.209, subdivision 4, is repealed.37.11ARTICLE 237.12CHILD WELFARE POLICY37.13    Section 1. Minnesota Statutes 2008, section 13.46, subdivision 2, is amended to read:37.14    Subd. 2. General. (a) Unless the data is summary data or a statute specifically 37.15provides a different classification, data on individuals collected, maintained, used, or 37.16disseminated by the welfare system is private data on individuals, and shall not be 37.17disclosed except:37.18    (1) according to section 
         13.05;37.19    (2) according to court order;37.20    (3) according to a statute specifically authorizing access to the private data;37.21    (4) to an agent of the welfare system, including a law enforcement person, attorney, 37.22or investigator acting for it in the investigation or prosecution of a criminal or civil 37.23proceeding relating to the administration of a program;37.24    (5) to personnel of the welfare system who require the data to verify an individual's 37.25identity; determine eligibility, amount of assistance, and the need to provide services to 37.26an individual or family across programs; evaluate the effectiveness of programs; assess 37.27parental contribution amounts; and investigate suspected fraud;37.28    (6) to administer federal funds or programs;37.29    (7) between personnel of the welfare system working in the same program;37.30    (8) to the Department of Revenue to assess parental contribution amounts for 37.31purposes of section 
         252.27, subdivision 2a, administer and evaluate tax refund or tax credit 37.32programs and to identify individuals who may benefit from these programs. The following 37.33information may be disclosed under this paragraph: an individual's and their dependent's 38.1names, dates of birth, Social Security numbers, income, addresses, and other data as 38.2required, upon request by the Department of Revenue. Disclosures by the commissioner 38.3of revenue to the commissioner of human services for the purposes described in this clause 38.4are governed by section 
         270B.14, subdivision 1. Tax refund or tax credit programs include, 38.5but are not limited to, the dependent care credit under section 
         290.067, the Minnesota 38.6working family credit under section 
         290.0671, the property tax refund and rental credit 38.7under section 
         290A.04, and the Minnesota education credit under section 
         290.0674;38.8    (9) between the Department of Human Services, the Department of Employment 38.9and Economic Development, and when applicable, the Department of Education, for 38.10the following purposes:38.11    (i) to monitor the eligibility of the data subject for unemployment benefits, for any 38.12employment or training program administered, supervised, or certified by that agency;38.13    (ii) to administer any rehabilitation program or child care assistance program, 38.14whether alone or in conjunction with the welfare system;38.15    (iii) to monitor and evaluate the Minnesota family investment program or the child 38.16care assistance program by exchanging data on recipients and former recipients of food 38.17support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 38.18under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and38.19    (iv) to analyze public assistance employment services and program utilization, 38.20cost, effectiveness, and outcomes as implemented under the authority established in Title 38.21II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 38.221999. Health records governed by sections 
         144.291 to 144.298 and "protected health 38.23information" as defined in Code of Federal Regulations, title 45, section 
         160.103, and 38.24governed by Code of Federal Regulations, title 45, parts 160-164, including health care 38.25claims utilization information, must not be exchanged under this clause;38.26    (10) to appropriate parties in connection with an emergency if knowledge of 38.27the information is necessary to protect the health or safety of the individual or other 38.28individuals or persons;38.29    (11) data maintained by residential programs as defined in section 
         245A.02 may 38.30be disclosed to the protection and advocacy system established in this state according 38.31to Part C of Public Law 98-527 to protect the legal and human rights of persons with 38.32developmental disabilities or other related conditions who live in residential facilities for 38.33these persons if the protection and advocacy system receives a complaint by or on behalf 38.34of that person and the person does not have a legal guardian or the state or a designee of 38.35the state is the legal guardian of the person;39.1    (12) to the county medical examiner or the county coroner for identifying or locating 39.2relatives or friends of a deceased person;39.3    (13) data on a child support obligor who makes payments to the public agency 39.4may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 39.5determine eligibility under section 
         136A.121, subdivision 2, clause (5);39.6    (14) participant Social Security numbers and names collected by the telephone 39.7assistance program may be disclosed to the Department of Revenue to conduct an 39.8electronic data match with the property tax refund database to determine eligibility under 39.9section 
         237.70, subdivision 4a;39.10    (15) the current address of a Minnesota family investment program participant 39.11may be disclosed to law enforcement officers who provide the name of the participant 39.12and notify the agency that:39.13    (i) the participant:39.14    (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 39.15conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 39.16jurisdiction from which the individual is fleeing; or39.17    (B) is violating a condition of probation or parole imposed under state or federal law;39.18    (ii) the location or apprehension of the felon is within the law enforcement officer's 39.19official duties; and39.20    (iii) the request is made in writing and in the proper exercise of those duties;39.21    (16) the current address of a recipient of general assistance or general assistance 39.22medical care may be disclosed to probation officers and corrections agents who are 39.23supervising the recipient and to law enforcement officers who are investigating the 39.24recipient in connection with a felony level offense;39.25    (17) information obtained from food support applicant or recipient households may 39.26be disclosed to local, state, or federal law enforcement officials, upon their written request, 39.27for the purpose of investigating an alleged violation of the Food Stamp Act, according 39.28to Code of Federal Regulations, title 7, section 
         272.1(c);39.29    (18) the address, Social Security number, and, if available, photograph of any 39.30member of a household receiving food support shall be made available, on request, to a 39.31local, state, or federal law enforcement officer if the officer furnishes the agency with the 39.32name of the member and notifies the agency that:39.33    (i) the member:39.34    (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 39.35crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;40.1    (B) is violating a condition of probation or parole imposed under state or federal 40.2law; or40.3    (C) has information that is necessary for the officer to conduct an official duty related 40.4to conduct described in subitem (A) or (B);40.5    (ii) locating or apprehending the member is within the officer's official duties; and40.6    (iii) the request is made in writing and in the proper exercise of the officer's official 40.7duty;40.8    (19) the current address of a recipient of Minnesota family investment program, 40.9general assistance, general assistance medical care, or food support may be disclosed to 40.10law enforcement officers who, in writing, provide the name of the recipient and notify the 40.11agency that the recipient is a person required to register under section 
         243.166, but is not 40.12residing at the address at which the recipient is registered under section 
         243.166;40.13    (20) certain information regarding child support obligors who are in arrears may be 40.14made public according to section 
         518A.74;40.15    (21) data on child support payments made by a child support obligor and data on 40.16the distribution of those payments excluding identifying information on obligees may be 40.17disclosed to all obligees to whom the obligor owes support, and data on the enforcement 40.18actions undertaken by the public authority, the status of those actions, and data on the 40.19income of the obligor or obligee may be disclosed to the other party;40.20    (22) data in the work reporting system may be disclosed under section 
         256.998, 40.21subdivision 7
         ;40.22    (23) to the Department of Education for the purpose of matching Department of 40.23Education student data with public assistance data to determine students eligible for free 40.24and reduced-price meals, meal supplements, and free milk according to United States 40.25Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 40.26state funds that are distributed based on income of the student's family; and to verify 40.27receipt of energy assistance for the telephone assistance plan;40.28    (24) the current address and telephone number of program recipients and emergency 40.29contacts may be released to the commissioner of health or a local board of health as 40.30defined in section 
         145A.02, subdivision 2, when the commissioner or local board of health 40.31has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 40.32risk of illness, and the data are necessary to locate the person;40.33    (25) to other state agencies, statewide systems, and political subdivisions of this 40.34state, including the attorney general, and agencies of other states, interstate information 40.35networks, federal agencies, and other entities as required by federal regulation or law for 40.36the administration of the child support enforcement program;41.1    (26) to personnel of public assistance programs as defined in section 
         256.741, for 41.2access to the child support system database for the purpose of administration, including 41.3monitoring and evaluation of those public assistance programs;41.4    (27) to monitor and evaluate the Minnesota family investment program by 41.5exchanging data between the Departments of Human Services and Education, on 41.6recipients and former recipients of food support, cash assistance under chapter 256, 256D, 41.7256J, or 256K, child care assistance under chapter 119B, or medical programs under 41.8chapter 256B, 256D, or 256L;41.9    (28) to evaluate child support program performance and to identify and prevent 41.10fraud in the child support program by exchanging data between the Department of Human 41.11Services, Department of Revenue under section 
         270B.14, subdivision 1, paragraphs (a) 41.12and (b), without regard to the limitation of use in paragraph (c), Department of Health, 41.13Department of Employment and Economic Development, and other state agencies as is 41.14reasonably necessary to perform these functions; or41.15    (29) counties operating child care assistance programs under chapter 119B may 41.16disseminate data on program participants, applicants, and providers to the commissioner 41.17of education.; or41.18(30) child support data on the parents and the child may be disclosed to agencies 41.19administering programs under Titles IV-E and IV-B of the Social Security Act, as provided 41.20by federal law. Data may be disclosed only to the extent necessary for the purpose of 41.21establishing parentage or for determining who has or may have parental rights with respect 41.22to a child, which could be related to permanency planning.41.23    (b) Information on persons who have been treated for drug or alcohol abuse may 41.24only be disclosed according to the requirements of Code of Federal Regulations, title 41.2542, sections 
         2.1 to 
         2.67.41.26    (c) Data provided to law enforcement agencies under paragraph (a), clause (15), 41.27(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 41.28nonpublic while the investigation is active. The data are private after the investigation 41.29becomes inactive under section 
         13.82, subdivision 5, paragraph (a) or (b).41.30    (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is 41.31not subject to the access provisions of subdivision 10, paragraph (b).41.32    For the purposes of this subdivision, a request will be deemed to be made in writing 41.33if made through a computer interface system.41.34    Sec. 2. Minnesota Statutes 2008, section 256.01, subdivision 14b, is amended to read:42.1    Subd. 14b. American Indian child welfare projects. (a) The commissioner of 42.2human services may authorize projects to test tribal delivery of child welfare services to 42.3American Indian children and their parents and custodians living on the reservation. 42.4The commissioner has authority to solicit and determine which tribes may participate 42.5in a project. Grants may be issued to Minnesota Indian tribes to support the projects. 42.6The commissioner may waive existing state rules as needed to accomplish the projects. 42.7Notwithstanding section 
         626.556, the commissioner may authorize projects to use 42.8alternative methods of investigating and assessing reports of child maltreatment, provided 42.9that the projects comply with the provisions of section 
         626.556 dealing with the rights 42.10of individuals who are subjects of reports or investigations, including notice and appeal 42.11rights and data practices requirements. The commissioner may seek any federal approvals 42.12necessary to carry out the projects as well as seek and use any funds available to the 42.13commissioner, including use of federal funds, foundation funds, existing grant funds, 42.14and other funds. The commissioner is authorized to advance state funds as necessary to 42.15operate the projects. Federal reimbursement applicable to the projects is appropriated 42.16to the commissioner for the purposes of the projects. The projects must be required to 42.17address responsibility for safety, permanency, and well-being of children.42.18(b) For the purposes of this section, "American Indian child" means a person under 42.1918 years of age who is a tribal member or eligible for membership in one of the tribes 42.20chosen for a project under this subdivision and who is residing on the reservation of 42.21that tribe.42.22(c) In order to qualify for an American Indian child welfare project, a tribe must:42.23(1) be one of the existing tribes with reservation land in Minnesota;42.24(2) have a tribal court with jurisdiction over child custody proceedings;42.25(3) have a substantial number of children for whom determinations of maltreatment 42.26have occurred;42.27(4) have capacity to respond to reports of abuse and neglect under section 
         626.556;42.28(5) provide a wide range of services to families in need of child welfare services; and42.29(6) have a tribal-state title IV-E agreement in effect.42.30(d) Grants awarded under this section may be used for the nonfederal costs of 42.31providing child welfare services to American Indian children on the tribe's reservation, 42.32including costs associated with:42.33(1) assessment and prevention of child abuse and neglect;42.34(2) family preservation;42.35(3) facilitative, supportive, and reunification services;43.1(4) out-of-home placement for children removed from the home for child protective 43.2purposes; and43.3(5) other activities and services approved by the commissioner that further the goals 43.4of providing safety, permanency, and well-being of American Indian children.43.5(e) When a tribe has initiated a project and has been approved by the commissioner 43.6to assume child welfare responsibilities for American Indian children of that tribe under 43.7this section, the affected county social service agency is relieved of responsibility for 43.8responding to reports of abuse and neglect under section 
         626.556 for those children 43.9during the time within which the tribal project is in effect and funded. The commissioner 43.10shall work with tribes and affected counties to develop procedures for data collection, 43.11evaluation, and clarification of ongoing role and financial responsibilities of the county 43.12and tribe for child welfare services prior to initiation of the project. Children who have not 43.13been identified by the tribe as participating in the project shall remain the responsibility 43.14of the county. Nothing in this section shall alter responsibilities of the county for law 43.15enforcement or court services.43.16(f) Participating tribes may conduct children's mental health screenings under section 43.17245.4874, subdivision 1, paragraph (a), clause (14), for children who are eligible for the 43.18initiative and living on the reservation and who meet one of the following criteria:43.19(1) the child must be receiving child protective services;43.20(2) the child must be in foster care; or43.21(3) the child's parents must have had parental rights suspended or terminated.43.22Tribes may access reimbursement from available state funds for conducting the screenings. 43.23Nothing in this section shall alter responsibilities of the county for providing services 43.24under section 245.487.43.25(g) Participating tribes may establish a local child mortality review panel. In 43.26establishing a local child mortality review panel, the tribe agrees to conduct local child 43.27mortality reviews for child deaths or near-fatalities occurring on the reservation under 43.28section 256.01, subdivision 12. Tribes with established child mortality review panels 43.29shall have access to nonpublic data and shall protect nonpublic data under section 43.30256.01, subdivision 12, paragraphs (c) to (e). The tribe shall provide written notice to 43.31the commissioner and affected counties when a local child mortality review panel has 43.32been established and shall provide data upon request of the commissioner for purposes 43.33of sharing nonpublic data with members of the state child mortality review panel in 43.34connection to an individual case.43.35(f)(h) The commissioner shall collect information on outcomes relating to child 43.36safety, permanency, and well-being of American Indian children who are served in 44.1the projects. Participating tribes must provide information to the state in a format 44.2and completeness deemed acceptable by the state to meet state and federal reporting 44.3requirements.44.4    Sec. 3. Minnesota Statutes 2008, section 259.52, subdivision 2, is amended to read:44.5    Subd. 2. Requirement to search registry before adoption petition can be 44.6granted; proof of search. No petition for adoption may be granted unless the agency 44.7supervising the adoptive placement, the birth mother of the child, or, in the case of a 44.8stepparent or relative adoption, the county agency responsible for the report required 44.9under section 
         259.53, subdivision 1, requests that the commissioner of health search the 44.10registry to determine whether a putative father is registered in relation to a child who is or 44.11may be the subject of an adoption petition. The search required by this subdivision must 44.12be conducted no sooner than 31 days following the birth of the child. A search of the 44.13registry may be proven by the production of a certified copy of the registration form or by 44.14a certified statement of the commissioner of health that after a search no registration of a 44.15putative father in relation to a child who is or may be the subject of an adoption petition 44.16could be located. The filing of a certified copy of an order from a juvenile protection 44.17matter under chapter 260C containing a finding that certification of the requisite search 44.18of the Minnesota fathers' adoption registry was filed with the court in that matter shall 44.19also constitute proof of search. Certification that the fathers' adoption registry has been 44.20searched must be filed with the court prior to entry of any final order of adoption. In 44.21addition to the search required by this subdivision, the agency supervising the adoptive 44.22placement, the birth mother of the child, or, in the case of a stepparent or relative adoption, 44.23the social services agency responsible for the report under section 
         259.53, subdivision 1, 44.24or the responsible social services agency that is a petitioner in a juvenile protection matter 44.25under chapter 260C may request that the commissioner of health search the registry at 44.26any time. Search requirements of this section do not apply when the responsible social 44.27services agency is proceeding under Safe Place for Newborns, section 260C.217.44.28    Sec. 4. Minnesota Statutes 2008, section 259.52, subdivision 6, is amended to read:44.29    Subd. 6. Who may register. Any putative father may register with the fathers' 44.30adoption registry. However, Any limitation on a putative father's right to assert an interest 44.31in the child as provided in this section applies only in adoption proceedings, termination 44.32of parental rights proceedings under chapter 260C, and only to those putative fathers not 44.33entitled to notice and consent under sections 
         259.24 and 
         259.49, subdivision 1, paragraph 44.34(a) or (b), clauses (1) to (7).  45.1    Sec. 5. Minnesota Statutes 2008, section 259.67, subdivision 1, is amended to read:45.2    Subdivision 1. Adoption assistance. (a) The commissioner of human services shall 45.3enter into an adoption assistance agreement with an adoptive parent or parents who adopt 45.4a child who meets the eligibility requirements under title IV-E of the Social Security Act, 45.5United States Code, title 42, sections 670 to 679a, or who otherwise meets the requirements 45.6in subdivision 4 of an eligible child. To be eligible for adoption assistance a child must:45.7(1) be determined to be a child with special needs, according to subdivision 4; and45.8(2)(i) meet the criteria outlined in section 473 of the Social Security Act; or45.9(ii) have had foster care payments paid on the child's behalf while in out-of-home 45.10placement through the county or tribe, and be either under the guardianship of the 45.11commissioner or under the jurisdiction of a Minnesota tribe, with adoption in accordance 45.12with tribal law as the child's documented permanency plan.45.13(b) Notwithstanding any provision to the contrary, no child on whose behalf federal 45.14title IV-E adoption assistance payments are to be made may be placed in an adoptive home 45.15unless a criminal background check under section 
         259.41, subdivision 3, paragraph (b), 45.16has been completed on the prospective adoptive parents and no disqualifying condition 45.17exists. A disqualifying condition exists if: 45.18(1) a criminal background check reveals a felony conviction for child abuse; for 45.19spousal abuse; for a crime against children (including child pornography); or for a crime 45.20involving violence, including rape, sexual assault, or homicide, but not including other 45.21physical assault or battery; or45.22(2) a criminal background check reveals a felony conviction within the past five 45.23years for physical assault, battery, or a drug-related offense.45.24(c) A child must be a citizen of the United States or otherwise eligible for 45.25federal public benefits according to the Personal Responsibility and Work Opportunity 45.26Reconciliation Act of 1996, as amended, in order to be eligible for title IV-E adoption 45.27assistance. A child must be a citizen of the United States or meet the qualified 45.28alien requirements as defined in the Personal Responsibility and Work Opportunity 45.29Reconciliation Act of 1996, as amended, in order to be eligible for state-funded adoption 45.30assistance.45.31(d) Subject to commissioner approval, the legally responsible agency shall make a 45.32title IV-E adoption assistance eligibility determination for each child. Children who meet 45.33all eligibility criteria except those specific to title IV-E adoption assistance shall receive 45.34adoption assistance paid through state funds.45.35(e) Payments for adoption assistance shall not be made to a biological parent of the 45.36child who later adopts the same child. Direct placement adoptions under section 259.47 or 46.1the equivalent in tribal code are not eligible for state-funded adoption assistance. A child 46.2who is adopted by the child's legal custodian or guardian is not eligible for state-funded 46.3adoption assistance. A child who is adopted by the child's legal custodian or guardian may 46.4be eligible for title IV-E adoption assistance if all required eligibility factors are met. 46.5International adoptions are not eligible for adoption assistance unless the adopted child 46.6has been placed into foster care through the public child welfare system subsequent to the 46.7failure of the adoption and all required eligibility factors are met.46.8    Sec. 6. Minnesota Statutes 2008, section 259.67, subdivision 2, is amended to read:46.9    Subd. 2. Adoption assistance agreement. The placing agency shall certify a child 46.10as eligible for adoption assistance according to rules promulgated by the commissioner. 46.11The placing agency shall not certify a child who remains under the jurisdiction of the 46.12sending agency pursuant to section 
         260.851, article 5, for state-funded adoption assistance 46.13when Minnesota is the receiving state. Not later than 30 days after a parent or parents are 46.14found and approved for adoptive placement of a child certified as eligible for adoption 46.15assistance, and before the final decree of adoption is issued, a written agreement must 46.16be entered into by the commissioner, the adoptive parent or parents, and the placing 46.17agency. The written agreement must be fully completed by the placing agency and in the 46.18form prescribed by the commissioner and must set forth the responsibilities of all parties, 46.19the anticipated duration of the adoption assistance payments, agreement, the nature and 46.20amount of any payment, services, and assistance to be provided under such agreement, 46.21the child's eligibility for Medicaid services, eligibility for reimbursement of nonrecurring 46.22expenses associated with adopting the child, to the extent that total cost does not exceed 46.23$2,000 per child, provisions for modification of the terms of the agreement, the effective 46.24date of the agreement, that the agreement must remain in effect regardless of the state of 46.25which the adoptive parents are residents at any given time,  and the payment terms. The 46.26agreement is effective the date of the adoption decree.  The adoption assistance agreement 46.27shall be subject to the commissioner's approval, which must be granted or denied not later 46.28than 15 days after the agreement is entered. The agreement must be negotiated with 46.29the adoptive parent or parents. A monthly payment is provided as part of the adoption 46.30assistance agreement to support the care of a child who has manifested special needs.46.31    The amount of adoption assistance is subject to the availability of state and 46.32federal funds and shall be determined through agreement with the adoptive parents. 46.33The agreement shall take into consideration the circumstances of the adopting parent 46.34or parents, the needs of the child being adopted and may provide ongoing monthly 46.35assistance, supplemental maintenance expenses related to the child's special needs, 47.1nonmedical expenses periodically necessary for purchase of services, items, or equipment 47.2related to the special needs, and medical expenses. The placing agency or the adoptive 47.3parent or parents shall provide written documentation to support the need for adoption 47.4assistance payments. The commissioner may require periodic reevaluation of adoption 47.5assistance payments. The amount of ongoing monthly adoption assistance granted may 47.6in no case exceed that which would be allowable for the child under foster family care47.7the payment schedule outlined in subdivision 2a, and, for state-funded cases, is subject to 47.8the availability of state and federal funds.47.9    Sec. 7. Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision 47.10to read:47.11    Subd. 2a.Benefits and payments.(a) Eligibility for medical assistance for children 47.12receiving adoption assistance is as specified in section 256B.055.47.13(b) Basic maintenance payments are available for all children eligible for adoption 47.14assistance except those eligible solely based on high risk of developing a disability. Basic 47.15maintenance payments must be made according to the following schedule:

47.16Birth through age fiveup to $247 per month47.17Age six through age 11up to $277 per month47.18Age 12 through age 14up to $307 per month47.19Age 15 and olderup to $337 per month

47.20A child must receive the maximum payment amount for the child's age, unless a 47.21lesser  amount is negotiated with and agreed to by the prospective adoptive parent.47.22(c) Supplemental adoption assistance needs payments, in addition to basic 47.23maintenance payments, are available for a child whose disability necessitates care, 47.24supervision, and structure beyond that ordinarily provided in a family setting to persons 47.25of the same age. These payments are related to the severity of a child's disability and 47.26the level of parenting required to care for the child, and must be made according to the 47.27following schedule:

47.28Level Iup to $150 per month47.29Level IIup to $275 per month47.30Level IIIup to $400 per month47.31Level IVup to $500 per month

48.1A child's level shall be assessed on a supplemental maintenance needs assessment 48.2form  prescribed by the commissioner. A child must receive the maximum payment 48.3amount for the child's assessed level, unless a lesser amount is negotiated with and agreed 48.4to by the prospective adoptive parent.48.5    Sec. 8. Minnesota Statutes 2008, section 259.67, subdivision 3, is amended to read:48.6    Subd. 3. Modification,or termination, or extension of adoption assistance 48.7agreement.  The adoption assistance agreement shall continue in accordance with its terms 48.8as long as the need for adoption assistance continues and the adopted child is the legal 48.9or financial dependent of the adoptive parent or parents or guardian or conservator and 48.10is under 18 years of age. If the commissioner determines that the adoptive parents are 48.11no longer legally responsible for support of the child or are no longer providing financial 48.12support to the child, the agreement shall terminate. Under certain limited circumstances,48.13the adoption assistance agreement may be extended to age 22 as allowed by rules adopted 48.14by the commissioner. An application for extension must be completed and submitted by 48.15the adoptive parent prior to the date the child attains age 18. The application for extension 48.16must be made according to policies and procedures prescribed by the commissioner, 48.17including documentation of eligibility, and on forms prescribed by the commissioner. 48.18 Termination or modification of the adoption assistance agreement may be requested by the 48.19adoptive parents or subsequent guardian or conservator at any time. When an adoptive 48.20parent requests modification of the adoption assistance agreement, a reassessment of the 48.21child must be completed consistent with subdivision 2a. If the reassessment indicates 48.22that the child's level has changed or, for a high-risk child, that the potential disability 48.23upon which eligibility for the agreement was based has manifested itself, the agreement 48.24shall be renegotiated to include an appropriate payment, consistent with subdivision 2a. 48.25The agreement must not be modified unless the commissioner and the adoptive parent 48.26mutually agree to the changes. When the commissioner determines that a child is eligible 48.27for extension of title IV-E  adoption assistance under Title IV-E section 473 of the Social 48.28Security Act, United States Code, title 42, sections 670 to 679a, the commissioner shall 48.29modify the adoption assistance agreement require the adoptive parents to submit the 48.30necessary documentation in order to obtain the funds under that act.48.31    Sec. 9. Minnesota Statutes 2008, section 259.67, subdivision 4, is amended to read:48.32    Subd. 4. Eligibility conditions Special needs determination. (a) The placing 48.33agency shall use the AFDC requirements as specified in federal law as of July 16, 1996, 48.34when determining the child's eligibility for adoption assistance under title IV-E of the 49.1Social Security Act. If the child does not qualify, the placing agency shall certify a child 49.2as eligible for state funded adoption assistance only A child is considered a child with 49.3special needs under this section if the following criteria are met:49.4    (1) Due to the child's characteristics or circumstances it would be difficult to provide 49.5the child an adoptive home without adoption assistance.49.6    (2)(i) A placement agency has made reasonable efforts to place the child for adoption 49.7without adoption assistance, but has been unsuccessful; 49.8    (ii) the child's licensed foster parents desire to adopt the child and it is determined by 49.9the placing agency that the adoption is in the best interest of the child; or49.10    (iii) the child's relative, as defined in section 
         260C.007, subdivision 27, desires to 49.11adopt the child, and it is determined by the placing agency that the adoption is in the 49.12best interest of the child; or49.13(iv) for a non-Indian child, the family that previously adopted a child of the same 49.14mother or father desires to adopt the child, and it is determined by the placing agency that 49.15the adoption is in the best interest of the child.49.16    (3)(i) The child is a ward of the commissioner or a tribal social service agency of 49.17Minnesota recognized by the Secretary of the Interior; or (ii) the child will be adopted 49.18according to tribal law without a termination of parental rights or relinquishment, provided 49.19that the tribe has documented the valid reason why the child cannot or should not be 49.20returned to the home of the child's parent. The placing agency shall not certify a child who 49.21remains under the jurisdiction of the sending agency pursuant to section 260.851, article 5, 49.22for state-funded adoption assistance when Minnesota is the receiving state. A child who is 49.23adopted by the child's legal custodian or guardian shall not be eligible for state-funded 49.24adoption assistance. There has been a determination that the child cannot or should not be 49.25returned to the home of the child's parents as evidenced by:49.26(i) a court-ordered termination of parental rights;49.27(ii) a petition to terminate parental rights;49.28(iii) a consent to adopt accepted by the court under sections 260C.201, subdivision 49.2911, and 259.24;49.30(iv) in circumstances where tribal law permits the child to be adopted without a 49.31termination of parental rights, a judicial determination by tribal court indicating the valid 49.32reason why the child cannot or should not return home;49.33(v) a voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment 49.34occurred in another state, the applicable laws in that state; or49.35(vi) the death of the legal parent.50.1    (b) The characteristics or circumstances that may be considered in determining 50.2whether a child meets the requirements of paragraph (a), clause (1), or section 50.3473(c)(2)(A) of the Social Security Act, are the following:50.4    (1) The child is a member of a sibling group to be placed as one unit in which at 50.5least one sibling is older than 15 months of age or is described in clause (2) or (3) adopted 50.6at the same time by the same parent.50.7(2) The child has been determined by the Social Security Administration to meet 50.8all medical or disability requirements of title XVI of the Social Security Act with respect 50.9to eligibility for Supplemental Security Income benefits.50.10    (2) (3) The child has documented physical, mental, emotional, or behavioral 50.11disabilities not covered under clause (2).50.12    (3) (4) The child has a high risk of developing physical, mental, emotional, or 50.13behavioral disabilities.50.14    (4) (5) The child is five years of age or older.50.15(6) The child is placed for adoption in the home of a parent who previously adopted 50.16another child born of the same mother or father for whom they receive adoption assistance.50.17    (c) When a child's eligibility for adoption assistance is based upon the high risk of 50.18developing physical, mental, emotional, or behavioral disabilities, payments shall not be 50.19made under the adoption assistance agreement unless and until the potential disability50.20upon which eligibility for the agreement was based manifests itself as documented by an 50.21appropriate health care professional.50.22(d) Documentation must be provided to verify that a child meets the special needs 50.23criteria in this subdivision. Documentation is limited to evidence deemed appropriate by 50.24the commissioner.50.25    Sec. 10. Minnesota Statutes 2008, section 259.67, subdivision 5, is amended to read:50.26    Subd. 5. Determination of residency. A child placed in the state from another state 50.27or a tribe outside of the state is not eligible for state-funded adoption assistance through 50.28the state. A child placed in the state from another state or a tribe outside of the state may 50.29be eligible for title IV-E adoption assistance through the state of Minnesota if all eligibility 50.30factors are met and there is no state agency that has responsibility for placement and care 50.31of the child. A child who is a resident of any county in this state when eligibility for 50.32adoption assistance is certified shall remain eligible and receive adoption assistance in 50.33accordance with the terms of the adoption assistance agreement, regardless of the domicile 50.34or residence of the adopting parents at the time of application for adoptive placement, 50.35legal decree of adoption, or thereafter.51.1    Sec. 11. Minnesota Statutes 2008, section 259.67, subdivision 7, is amended to read:51.2    Subd. 7. Reimbursement of costs. (a) Subject to rules of the commissioner, and 51.3the provisions of this subdivision a child-placing agency licensed in Minnesota or any 51.4other state, or local or tribal social services agency shall receive a reimbursement from the 51.5commissioner equal to 100 percent of the reasonable and appropriate cost of providing51.6child-specific adoption services. Adoption services under this subdivision may include 51.7adoptive family child-specific recruitment, counseling, and special training when needed, 51.8and home studies for prospective adoptive parents, and placement services. 51.9    (b) An eligible child must have a goal of adoption, which may include an adoption 51.10in accordance with tribal law, and meet one of the following criteria: 51.11    (1) is a ward of the commissioner of human services or a ward of tribal court 51.12pursuant to section 
         260.755, subdivision 20, who meets one of the criteria in subdivision 51.134, paragraph (a), clause (3), and one of the criteria in  subdivision 4, paragraph (b), clause 51.14(1), (2), or (3); or 51.15    (2) is under the guardianship of a Minnesota-licensed child-placing agency who 51.16meets one of the criteria in subdivision 4, paragraph (b), clause (1) or, (2), (3), (5), or (6).51.17    (c) A child-placing agency licensed in Minnesota or any other state shall receive 51.18reimbursement for adoption services it purchases for or directly provides to an eligible 51.19child. Tribal social services shall receive reimbursement for adoption services it purchases 51.20for or directly provides to an eligible child. A local social services agency shall receive 51.21reimbursement only for adoption services it purchases for an eligible child.51.22    Before providing adoption services for which reimbursement will be sought under 51.23this subdivision, a reimbursement agreement, on the designated format, must be entered 51.24into with the commissioner. No reimbursement under this subdivision shall be made to 51.25an agency for services provided prior to entering a reimbursement agreement. Separate 51.26reimbursement agreements shall be made for each child and separate records shall be kept 51.27on each child for whom a reimbursement agreement is made. The commissioner of human 51.28services Reimbursement  shall agree not be made unless the commissioner agrees that the 51.29reimbursement costs are reasonable and appropriate. The commissioner may spend up 51.30to $16,000 for each purchase of service agreement. Only one agreement per child is 51.31allowed, unless an exception is granted by the commissioner and agreed to in writing by 51.32the commissioner prior to commencement of services. Funds encumbered and obligated 51.33under such an agreement for the child remain available until the terms of the agreement 51.34are fulfilled or the agreement is terminated.51.35    The commissioner shall make reimbursement payments directly to the agency 51.36providing the service if direct reimbursement is specified by the purchase of service 52.1agreement, and if the request for reimbursement is submitted by the local or tribal social 52.2services agency along with a verification that the service was provided.52.3    Sec. 12. Minnesota Statutes 2008, section 259.67, is amended by adding a subdivision 52.4to read:52.5    Subd. 11.Promotion of programs.The commissioner or the commissioner's 52.6designee shall actively seek ways to promote the adoption assistance program, including 52.7information to prospective adoptive parents of eligible children under the commissioner's 52.8guardianship of the availability of adoption assistance. All families who adopt children 52.9under the commissioner's guardianship must also be informed as to the adoption tax credit.52.10    Sec. 13. Minnesota Statutes 2008, section 260.012, is amended to read:52.11260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 52.12REUNIFICATION; REASONABLE EFFORTS.52.13    (a) Once a child alleged to be in need of protection or services is under the court's 52.14jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 52.15services, by the social services agency are made to prevent placement or to eliminate the 52.16need for removal and to reunite the child with the child's family at the earliest possible 52.17time, and the court must ensure that the responsible social services agency makes 52.18reasonable efforts to finalize an alternative permanent plan for the child as provided in 52.19paragraph (e). In determining reasonable efforts to be made with respect to a child and in 52.20making those reasonable efforts, the child's best interests, health, and safety must be of 52.21paramount concern. Reasonable efforts to prevent placement and for rehabilitation and 52.22reunification are always required except upon a determination by the court that a petition 52.23has been filed stating a prima facie case that:52.24    (1) the parent has subjected a child to egregious harm as defined in section 52.25260C.007, subdivision 14
         ;52.26    (2) the parental rights of the parent to another child have been terminated 52.27involuntarily;52.28    (3) the child is an abandoned infant under section 
         260C.301, subdivision 2, 52.29paragraph (a), clause (2);52.30    (4) the parent's custodial rights to another child have been involuntarily transferred 52.31to a relative under section 
         260C.201, subdivision 11, paragraph (e), clause (1), or a similar 52.32law of another jurisdiction; or52.33    (5) the provision of services or further services for the purpose of reunification is 52.34futile and therefore unreasonable under the circumstances.53.1    (b) When the court makes one of the prima facie determinations under paragraph (a), 53.2either permanency pleadings under section 
         260C.201, subdivision 11, or a termination 53.3of parental rights petition under sections 
         260C.141 and 
         260C.301 must be filed. A 53.4permanency hearing under section 
         260C.201, subdivision 11, must be held within 30 53.5days of this determination.53.6    (c) In the case of an Indian child, in proceedings under sections 
         260B.178 or 53.7260C.178
         , 
         260C.201, and 
         260C.301 the juvenile court must make findings and conclusions 53.8consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 53.91901 et seq., as to the provision of active efforts. In cases governed by the Indian Child 53.10Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social 53.11services agency must provide active efforts as required under United States Code, title 53.1225, section 1911(d).53.13    (d) "Reasonable efforts to prevent placement" means:53.14    (1) the agency has made reasonable efforts to prevent the placement of the child in 53.15foster care by working with the family to develop and implement a safety plan; or53.16    (2) given the particular circumstances of the child and family at the time of the 53.17child's removal, there are no services or efforts available which could allow the child to 53.18safely remain in the home.53.19    (e) "Reasonable efforts to finalize a permanent plan for the child" means due 53.20diligence by the responsible social services agency to:53.21    (1) reunify the child with the parent or guardian from whom the child was removed;53.22    (2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 53.23where appropriate, provide services necessary to enable the noncustodial parent to safely 53.24provide the care, as required by section 
         260C.212, subdivision 4;53.25    (3) conduct a relative search to identify and provide notice to adult relatives as 53.26required under section 
         260C.212, subdivision 5; and53.27(4) place siblings removed from their home in the same home for foster care, 53.28adoption, or transfer permanent legal and physical custody to a relative. Visitation 53.29between siblings who are not in the same foster care, adoption, or custodial placement or 53.30facility shall be consistent with section 260C.212, subdivision 2; and53.31    (4)(5) when the child cannot return to the parent or guardian from whom the child 53.32was removed, to plan for and finalize a safe and legally permanent alternative home 53.33for the child, and considers permanent alternative homes for the child inside or outside 53.34of the state, preferably through adoption or transfer of permanent legal and physical 53.35custody of the child.54.1    (f) Reasonable efforts are made upon the exercise of due diligence by the responsible 54.2social services agency to use culturally appropriate and available services to meet the 54.3needs of the child and the child's family. Services may include those provided by the 54.4responsible social services agency and other culturally appropriate services available in 54.5the community. At each stage of the proceedings where the court is required to review 54.6the appropriateness of the responsible social services agency's reasonable efforts as 54.7described in paragraphs (a), (d), and (e), the social services agency has the burden of 54.8demonstrating that:54.9    (1) it has made reasonable efforts to prevent placement of the child in foster care;54.10    (2) it has made reasonable efforts to eliminate the need for removal of the child from 54.11the child's home and to reunify the child with the child's family at the earliest possible time;54.12    (3) it has made reasonable efforts to finalize an alternative permanent home for 54.13the child, and considers permanent alternative homes for the child inside or outside of 54.14the state; or54.15    (4) reasonable efforts to prevent placement and to reunify the child with the parent 54.16or guardian are not required. The agency may meet this burden by stating facts in a sworn 54.17petition filed under section 
         260C.141, by filing an affidavit summarizing the agency's 54.18reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 54.19efforts to reunify the parent and child, or through testimony or a certified report required 54.20under juvenile court rules.54.21    (g) Once the court determines that reasonable efforts for reunification are not 54.22required because the court has made one of the prima facie determinations under paragraph 54.23(a), the court may only require reasonable efforts for reunification after a hearing according 54.24to section 
         260C.163, where the court finds there is not clear and convincing evidence of 54.25the facts upon which the court based its prima facie determination. In this case when there 54.26is clear and convincing evidence that the child is in need of protection or services, the 54.27court may find the child in need of protection or services and order any of the dispositions 54.28available under section 
         260C.201, subdivision 1. Reunification of a surviving child with a 54.29parent is not required if the parent has been convicted of:54.30    (1) a violation of, or an attempt or conspiracy to commit a violation of, sections 54.31609.185
          to 
         609.20; 
         609.222, subdivision 2; or 
         609.223 in regard to another child of the 54.32parent;54.33    (2) a violation of section 
         609.222, subdivision 2; or 
         609.223, in regard to the 54.34surviving child; or54.35    (3) a violation of, or an attempt or conspiracy to commit a violation of, United States 54.36Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.55.1    (h) The juvenile court, in proceedings under sections 
         260B.178 or 
         260C.178, 55.2260C.201
         , and 
         260C.301 shall make findings and conclusions as to the provision of 55.3reasonable efforts. When determining whether reasonable efforts have been made, the 55.4court shall consider whether services to the child and family were:55.5    (1) relevant to the safety and protection of the child;55.6    (2) adequate to meet the needs of the child and family;55.7    (3) culturally appropriate;55.8    (4) available and accessible;55.9    (5) consistent and timely; and55.10    (6) realistic under the circumstances.55.11    In the alternative, the court may determine that provision of services or further 55.12services for the purpose of rehabilitation is futile and therefore unreasonable under the 55.13circumstances or that reasonable efforts are not required as provided in paragraph (a).55.14    (i) This section does not prevent out-of-home placement for treatment of a child with 55.15a mental disability when it is determined to be medically necessary as a result of the child's 55.16diagnostic assessment or individual treatment plan indicates that appropriate and necessary 55.17treatment cannot be effectively provided outside of a residential or inpatient treatment 55.18program and the level or intensity of supervision and treatment cannot be effectively and 55.19safely provided in the child's home or community and it is determined that a residential 55.20treatment setting is the least restrictive setting that is appropriate to the needs of the child.55.21    (j) If continuation of reasonable efforts to prevent placement or reunify the child 55.22with the parent or guardian from whom the child was removed is determined by the court 55.23to be inconsistent with the permanent plan for the child or upon the court making one of 55.24the prima facie determinations under paragraph (a), reasonable efforts must be made to 55.25place the child in a timely manner in a safe and permanent home and to complete whatever 55.26steps are necessary to legally finalize the permanent placement of the child.55.27    (k) Reasonable efforts to place a child for adoption or in another permanent 55.28placement may be made concurrently with reasonable efforts to prevent placement or to 55.29reunify the child with the parent or guardian from whom the child was removed. When 55.30the responsible social services agency decides to concurrently make reasonable efforts for 55.31both reunification and permanent placement away from the parent under paragraph (a), the 55.32agency shall disclose its decision and both plans for concurrent reasonable efforts to all 55.33parties and the court. When the agency discloses its decision to proceed on both plans for 55.34reunification and permanent placement away from the parent, the court's review of the 55.35agency's reasonable efforts shall include the agency's efforts under both plans.56.1    Sec. 14. Minnesota Statutes 2008, section 260B.007, subdivision 7, is amended to read:56.2    Subd. 7. Foster care."Foster care" means the 24 hour a day care of a child in 56.3any facility which for gain or otherwise regularly provides one or more children, when 56.4unaccompanied by their parents, with a substitute for the care, food, lodging, training, 56.5education, supervision or treatment they need but which for any reason cannot be furnished 56.6by their parents or legal guardians in their homes. "Foster care" means 24-hour substitute 56.7care for children placed away from their parents or guardian and for whom a responsible 56.8social services agency has placement and care responsibility. Foster care includes, but 56.9is not limited to, placement in foster family homes, foster homes of relatives, group 56.10homes, emergency shelters, residential facilities not excluded in this subdivision, child 56.11care institutions, and preadoptive homes. A child is in foster care under this definition 56.12regardless of whether the facility is licensed and payments are made for the cost of care. 56.13Nothing in this definition creates any authority to place a child in a home or facility that 56.14is required to be licensed which is not licensed. Foster care does not include placement 56.15in any of the following facilities: hospitals, inpatient chemical dependency treatment 56.16facilities, facilities that are primarily for delinquent children, any corrections facility or 56.17program within a particular corrections facility not meeting requirements for Title IV-E 56.18facilities as determined by the commissioner, facilities to which a child is committed 56.19under the provision of chapter 253B, forestry camps, or jails. Foster care is intended to 56.20provide for a child's safety or to access treatment. Foster care must not be used as a 56.21punishment or consequence for a child's behavior.56.22    Sec. 15. Minnesota Statutes 2008, section 260B.157, subdivision 3, is amended to read:56.23    Subd. 3. Juvenile treatment screening team. (a) The local social services agency 56.24shall establish a juvenile treatment screening team to conduct screenings and prepare 56.25case plans under this subdivision. The team, which may be the team constituted under 56.26section 
         245.4885 or 
         256B.092 or Minnesota Rules, parts 9530.6600 to 9530.6655, shall 56.27consist of social workers, juvenile justice professionals, and persons with expertise in the 56.28treatment of juveniles who are emotionally disabled, chemically dependent, or have a 56.29developmental disability. The team shall involve parents or guardians in the screening 56.30process as appropriate. The team may be the same team as defined in section 
         260C.157, 56.31subdivision 3
         .  56.32(b) If the court, prior to, or as part of, a final disposition, proposes to place a child:56.33(1) for the primary purpose of treatment for an emotional disturbance, and residential 56.34placement is consistent with section 260.012, a developmental disability, or chemical 57.1dependency in a residential treatment facility out of state or in one which is within the 57.2state and licensed by the commissioner of human services under chapter 245A; or57.3(2) in any out-of-home setting potentially exceeding 30 days in duration, including a 57.4postdispositional post-dispositional placement in a facility licensed by the commissioner 57.5of corrections or human services, the court shall notify the county welfare agency. The 57.6county's juvenile treatment screening team must either:57.7(i) screen and evaluate the child and file its recommendations with the court within 57.814 days of receipt of the notice; or57.9(ii) elect not to screen a given case, and notify the court of that decision within 57.10three working days.57.11(c) If the screening team has elected to screen and evaluate the child, the child 57.12may not be placed for the primary purpose of treatment for an emotional disturbance, a 57.13developmental disability, or chemical dependency, in a residential treatment facility out of 57.14state nor in a residential treatment facility within the state that is licensed under chapter 57.15245A, unless one of the following conditions applies:57.16(1) a treatment professional certifies that an emergency requires the placement 57.17of the child in a facility within the state;57.18(2) the screening team has evaluated the child and recommended that a residential 57.19placement is necessary to meet the child's treatment needs and the safety needs of the 57.20community, that it is a cost-effective means of meeting the treatment needs, and that it 57.21will be of therapeutic value to the child; or57.22(3) the court, having reviewed a screening team recommendation against placement, 57.23determines to the contrary that a residential placement is necessary. The court shall state 57.24the reasons for its determination in writing, on the record, and shall respond specifically 57.25to the findings and recommendation of the screening team in explaining why the 57.26recommendation was rejected. The attorney representing the child and the prosecuting 57.27attorney shall be afforded an opportunity to be heard on the matter.57.28    Sec. 16. Minnesota Statutes 2008, section 260B.198, subdivision 1, is amended to read:57.29    Subdivision 1. Court order, findings, remedies, treatment. If the court finds that 57.30the child is delinquent, it shall enter an order making any of the following dispositions of 57.31the case which are deemed necessary to the rehabilitation of the child:57.32(1) counsel the child or the parents, guardian, or custodian;57.33(2) place the child under the supervision of a probation officer or other suitable 57.34person in the child's own home under conditions prescribed by the court including 57.35reasonable rules for the child's conduct and the conduct of the child's parents, guardian, or 58.1custodian, designed for the physical, mental, and moral well-being and behavior of the 58.2child, or with the consent of the commissioner of corrections, in a group foster care facility 58.3which is under the management and supervision of said commissioner;58.4(3) if the court determines that the child is a danger to self or others, subject to the 58.5supervision of the court, transfer legal custody of the child to one of the following:58.6(i) a child-placing agency; or58.7(ii) the local social services agency; or58.8(iii) a reputable individual of good moral character. No person may receive custody 58.9of two or more unrelated children unless licensed as a residential facility pursuant to 58.10sections 
         245A.01 to 
         245A.16; or 58.11(iv) a county home school, if the county maintains a home school or enters into an 58.12agreement with a county home school; or58.13(v) a county probation officer for placement in a group foster home established under 58.14the direction of the juvenile court and licensed pursuant to section 
         241.021; 58.15(4) transfer legal custody by commitment to the commissioner of corrections;58.16(5) if the child is found to have violated a state or local law or ordinance which has 58.17resulted in damage to the person or property of another, the court may order the child to 58.18make reasonable restitution for such damage;58.19(6) require the child to pay a fine of up to $1,000. The court shall order payment of 58.20the fine in accordance with a time payment schedule which shall not impose an undue 58.21financial hardship on the child;58.22(7) if the child is in need of special treatment and care for reasons of physical or 58.23mental health, the court may order the child's parent, guardian, or custodian to provide 58.24it. If the parent, guardian, or custodian fails to provide this treatment or care, the court 58.25may order it provided;58.26(8) if the court believes that it is in the best interests of the child and of public 58.27safety that the driver's license of the child be canceled until the child's 18th birthday, 58.28the court may recommend to the commissioner of public safety the cancellation of the 58.29child's license for any period up to the child's 18th birthday, and the commissioner is 58.30hereby authorized to cancel such license without a hearing. At any time before the 58.31termination of the period of cancellation, the court may, for good cause, recommend to 58.32the commissioner of public safety that the child be authorized to apply for a new license, 58.33and the commissioner may so authorize;58.34(9) if the court believes that it is in the best interest of the child and of public safety 58.35that the child is enrolled in school, the court may require the child to remain enrolled in a 58.36public school until the child reaches the age of 18 or completes all requirements needed 59.1to graduate from high school. Any child enrolled in a public school under this clause is 59.2subject to the provisions of the Pupil Fair Dismissal Act in chapter 127;59.3(10) if the child is petitioned and found by the court to have committed a controlled 59.4substance offense under sections 
         152.021 to 
         152.027, the court shall determine whether 59.5the child unlawfully possessed or sold the controlled substance while driving a motor 59.6vehicle. If so, the court shall notify the commissioner of public safety of its determination 59.7and order the commissioner to revoke the child's driver's license for the applicable time 59.8period specified in section 
         152.0271. If the child does not have a driver's license or if the 59.9child's driver's license is suspended or revoked at the time of the delinquency finding, 59.10the commissioner shall, upon the child's application for driver's license issuance or 59.11reinstatement, delay the issuance or reinstatement of the child's driver's license for the 59.12applicable time period specified in section 
         152.0271. Upon receipt of the court's order, the 59.13commissioner is authorized to take the licensing action without a hearing; 59.14(11) if the child is petitioned and found by the court to have committed or attempted 59.15to commit an act in violation of section 
         609.342; 
         609.343; 
         609.344; 
         609.345; 
         609.3451; 59.16609.746, subdivision 1
         ; 
         609.79; or 
         617.23, or another offense arising out of a delinquency 59.17petition based on one or more of those sections, the court shall order an independent 59.18professional assessment of the child's need for sex offender treatment. An assessor 59.19providing an assessment for the court must be experienced in the evaluation and treatment 59.20of juvenile sex offenders. If the assessment indicates that the child is in need of and 59.21amenable to sex offender treatment, the court shall include in its disposition order a 59.22requirement that the child undergo treatment. Notwithstanding sections 
         13.384, 
         13.85, 59.23144.291 to 144.298
         , 
         260B.171, or 
         626.556, the assessor has access to the following private 59.24or confidential data on the child if access is relevant and necessary for the assessment: 59.25(i) medical data under section 
         13.384; 59.26(ii) corrections and detention data under section 
         13.85; 59.27(iii) health records under sections 
         144.291 to 144.298; 59.28(iv) juvenile court records under section 
         260B.171; and 59.29(v) local welfare agency records under section 
         626.556. 59.30Data disclosed under this clause may be used only for purposes of the assessment 59.31and may not be further disclosed to any other person, except as authorized by law;59.32(12) if the child is found delinquent due to the commission of an offense that would 59.33be a felony if committed by an adult, the court shall make a specific finding on the record 59.34regarding the juvenile's mental health and chemical dependency treatment needs;60.1(13) any order for a disposition authorized under this section shall contain written 60.2findings of fact to support the disposition ordered and shall also set forth in writing the 60.3following information:60.4(i) why the best interests of the child are served by the disposition ordered; and60.5(ii) what alternative dispositions were considered by the court and why such 60.6dispositions were not appropriate in the instant case.60.7    Sec. 17. Minnesota Statutes 2008, section 260C.007, subdivision 18, is amended to 60.8read:60.9    Subd. 18. Foster care. "Foster care" means 24 hour substitute care for children 60.10placed away from their parents or guardian and for whom a responsible social services 60.11agency has placement and care responsibility. "Foster care" includes, but is not limited 60.12to, placement in foster family homes, foster homes of relatives, group homes, emergency 60.13shelters, residential facilities not excluded in this subdivision, child care institutions, and 60.14preadoptive homes. A child is in foster care under this definition regardless of whether the 60.15facility is licensed and payments are made for the cost of care. Nothing in this definition 60.16creates any authority to place a child in a home or facility that is required to be licensed 60.17which is not licensed. "Foster care" does not include placement in any of the following 60.18facilities: hospitals, inpatient chemical dependency treatment facilities, facilities that are 60.19primarily for delinquent children, any corrections facility or program within a particular 60.20correction's facility not meeting requirements for Title IV-E facilities as determined by 60.21the commissioner, facilities to which a child is committed under the provision of chapter 60.22253B, forestry camps, or jails. Foster care is intended to provide for a child's safety or 60.23to access treatment. Foster care must not be used as a punishment or consequence for 60.24a child's behavior.60.25    Sec. 18. Minnesota Statutes 2008, section 260C.007, subdivision 25, is amended to 60.26read:60.27    Subd. 25. Parent. "Parent" means the birth or adoptive parent of a minor. a person 60.28who has a legal parent and child relationship with a child under section 257.52 which 60.29confers or imposes on the person legal rights, privileges, duties, and obligations. It 60.30includes the mother and child relationship and the father and child relationship. For an 60.31Indian child matters governed by the Indian Child Welfare Act, parent includes any Indian 60.32person who has adopted a child by tribal law or custom, as provided in section 
         260.755, 60.33subdivision 14
         . For matters governed by the Indian Child Welfare Act, parent does not 60.34include the unwed father where paternity has not been acknowledged or established. 61.1Parent does not mean a putative father of a child unless the putative father also meets the 61.2requirements of section 257.55 or unless the putative father is entitled to notice under 61.3section 259.49, subdivision 1.61.4    Sec. 19. [260C.150] DILIGENT EFFORTS TO IDENTIFY PARENTS OF A 61.5CHILD; PROCEDURES FOR REVIEW; REASONABLE EFFORTS.61.6    Subdivision 1.Determining parentage.A parent and child relationship may be 61.7established under this chapter according to the requirements of section 257.54 and the 61.8Minnesota Rules of Juvenile Protection Procedure.61.9    Subd. 2.Genetic test results; duty to cooperate.(a) For purposes of proceedings 61.10under this chapter, a positive test result under section 257.62, subdivision 5, shall be used 61.11by the court to treat a person determined to be the biological father of a child by a positive 61.12test as if the individual were a presumed father under section 257.55, including giving 61.13the biological father the right to notice of proceedings and the right to be assessed and 61.14considered for day-to-day care of his child under section 260C.212, subdivision 4.61.15(b) Nothing in this subdivision relieves a person determined to be the biological 61.16father of the child by a positive test from the duty to cooperate with paternity establishment 61.17proceedings under section 260C.212, subdivision 4.61.18    Subd. 3.Identifying parents of child; diligent efforts; data.(a) The responsible 61.19social services agency shall make diligent efforts to identify and locate both parents of any 61.20child who is the subject of proceedings under this chapter. Diligent efforts include:61.21(1) asking the custodial or known parent to identify any nonresident parent of the 61.22child and provide information that can be used to verify the nonresident parent's identity 61.23including the dates and locations of marriages and divorces, dates and locations of any 61.24legal proceedings regarding paternity, date and place of the child's birth, nonresident 61.25parent's full legal name, nonresident parent's date of birth, if the nonresident parent's 61.26date of birth is unknown, an approximate age, the nonresident parent's Social Security 61.27number, the nonresident parent's whereabouts including last known whereabouts, and the 61.28whereabouts of relatives of the nonresident parent. For purposes of this subdivision, 61.29"nonresident parent" means a parent who does not reside in the same household as the 61.30child or did not reside in the same household as the child at the time the child was removed 61.31when the child is in foster care;61.32(2) obtaining information that will identify and locate the nonresident parent from 61.33the county and state of Minnesota child support enforcement information system;61.34(3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after 61.35the child's birth; and62.1(4) using any other reasonable means to identify and locate the nonresident parent.62.2(b) The agency may disclose data which is otherwise private under section 13.46 or 62.3626.556 in order to carry out its duties under this subdivision.62.4    Subd. 4.Court inquiry regarding identities of both parents.At the first hearing 62.5regarding the petition and at any subsequent hearings, as appropriate, the court shall 62.6inquire of the parties whether the identities and whereabouts of both parents of the child 62.7are known and correctly reflected in the petition filed with the court. If either the identity 62.8or whereabouts of both parents is not known, the court shall make inquiry on the record of 62.9any party or participant present regarding the identity and whereabouts of the unknown 62.10parent of the child.62.11    Subd. 5.Sworn testimony from known parent.When the county attorney 62.12requests, the court shall have the custodial or known parent of the child sworn for the 62.13purpose of answering questions relevant to the identity of a child's other parent in any 62.14proceeding under this chapter. The county attorney may request this information at any 62.15point in the proceedings if the custodial or known parent has not been cooperative in 62.16providing information to identify and locate the nonresident parent or information that 62.17may lead to identifying and locating the nonresident parent. If the child's custodial or 62.18known parent testifies that disclosure of identifying information regarding the identity 62.19of the nonresident parent would cause either the custodial or known parent, the child, or 62.20another family member to be endangered, the court may make a protective order regarding 62.21any information necessary to protect the custodial or known parent, the child, or family 62.22member. Consistent with section 260C.212, subdivision 4, paragraph (a), clause (4), if the 62.23child remains in the care of the known or custodial parent and the court finds it in the child's 62.24best interests, the court may waive notice to the nonresident parent of the child if such 62.25notice would endanger the known or custodial parent, the child, or another family member.62.26    Subd. 6.Court review of diligent efforts and service.As soon as possible, but 62.27not later than the first review hearing required under the Minnesota Rules of Juvenile 62.28Protection Procedure, unless the responsible social services agency has identified and 62.29located both parents of the child, the agency shall include in its report to the court required 62.30under the Minnesota Rules of Juvenile Protection Procedure a description of its diligent 62.31efforts to locate any parent who remains unknown or who the agency has been unable 62.32to locate. The court shall determine whether (1) diligent efforts have been made by the 62.33agency to identify both parents of the child, (2) both parents have been located, and (3) 62.34both parents have been served with the summons or notice of the proceedings required by 62.35section 260C.151 or 260C.152 and the Minnesota Rules of Juvenile Protection Procedure. 63.1If the court determines the agency has not made diligent efforts to locate both parents of 63.2the child or if both parents of the child have not been served as required by the rules, the 63.3court shall order the agency to take further steps to identify and locate both parents of the 63.4child identifying what further specific efforts are appropriate. If the summons has not 63.5been served on the parent as required by section 260C.151, subdivision 1, the court shall 63.6order further efforts to complete service.63.7    Subd. 7.Reasonable efforts findings.When the court finds the agency has 63.8made diligent efforts to identify and locate both parents of the child and one or both 63.9parents remain unknown or cannot be located, the court may find that the agency has 63.10made reasonable efforts under sections 260.012, 260C.178, 260C.201, and 260C.301, 63.11subdivision 8, regarding any parent who remains unknown or cannot be located. The court 63.12may also find that further reasonable efforts for reunification with the parent who cannot 63.13be identified or located would be futile.63.14    Subd. 8.Safe place for newborns.Neither the requirements of this subdivision 63.15nor the search requirements of section 259.52, subdivision 2, apply when the agency 63.16is proceeding under section 260C.217. When the agency is proceeding under section 63.17260C.217, the agency has no duty to identify and locate either parent of the newborn and 63.18no notice or service of summons on either parent is required under section 260C.151 or 63.19260C.152 or the Minnesota Rules of Juvenile Protection Procedure.63.20    Sec. 20. Minnesota Statutes 2008, section 260C.151, subdivision 1, is amended to read:63.21    Subdivision 1. Issuance of summons. After a petition has been filed and unless 63.22the parties hereinafter named voluntarily appear, the court shall set a time for a hearing 63.23and shall issue a summons requiring the child's parents or legal guardian and any person 63.24who has legal custody or control of the child to appear with the child before the court at 63.25a time and place stated. The summons shall have a copy of the petition attached, and 63.26shall advise the parties of the right to counsel and of the consequences of failure to obey 63.27the summons. The court shall give docket priority to any child in need of protection or 63.28services or neglected and in foster care, that contains allegations of child abuse over any 63.29other case. As used in this subdivision, "child abuse" has the meaning given it in section 63.30630.36, subdivision 2
         .  63.31    Sec. 21. Minnesota Statutes 2008, section 260C.151, subdivision 2, is amended to read:63.32    Subd. 2. Notice; child in need of protection or services. After a petition has 63.33been filed alleging a child to be in need of protection or services and unless the persons 64.1named in clauses clause (1) to (4) or (2) voluntarily appear or are summoned according 64.2to subdivision 1 appears, the court shall issue a notice to:64.3(1) an adjudicated or presumed father of the child;64.4(2) an alleged (1) a putative father of the child, including any putative father who has 64.5timely registered with the Minnesota Fathers' Adoption Registry under section 259.52; and64.6(3) a noncustodial mother; and64.7(4) (2) a grandparent with the right to participate under section 
         260C.163, 64.8subdivision 2
         .  64.9    Sec. 22. Minnesota Statutes 2008, section 260C.151, is amended by adding a 64.10subdivision to read:64.11    Subd. 2a.Notice; termination of parental rights or permanency proceeding.(a) 64.12After a petition for termination of parental rights or petition for permanent placement of a 64.13child away from a parent under section 260C.201, subdivision 11, has been filed, the court 64.14shall set a time for the admit or deny hearing as required under the Minnesota Rules of 64.15Juvenile Protection Procedure and shall issue a summons requiring the parents of the child 64.16to appear before the court at the time and place stated. The court shall issue a notice to:64.17(1) a putative father who has timely registered with the Minnesota Fathers' Adoption 64.18Registry and who is entitled to notice of an adoption proceeding under section 259.49, 64.19subdivision 1; and 64.20(2) a grandparent with the right to participate under section 260C.163, subdivision 2.64.21(b) Neither summons nor notice under this section or section 260C.152 of a 64.22termination of parental rights matter or other permanent placement matter under section 64.23260C.201, subdivision 11, is required to be given to a putative father who has failed 64.24to timely register with the Minnesota Father's Adoption Registry under section 259.52 64.25unless that individual also meets the requirements of section 257.55 or, is required to be 64.26given notice under section 259.49, subdivision 1. When a putative father is not entitled 64.27to notice under this clause and is therefore not given notice, any order terminating his 64.28rights does not give rise to a presumption of parental unfitness under section 260C.301, 64.29subdivision 1, paragraph (b), clause (4).64.30    Sec. 23. Minnesota Statutes 2008, section 260C.151, subdivision 3, is amended to read:64.31    Subd. 3. Notice of pendency of case.Notice means written notice as provided in 64.32the Minnesota Rules of Juvenile Protection Procedure. The court shall have notice of 64.33the pendency of the case and of the time and place of the hearing served upon a parent, 64.34guardian, or spouse of the child, who has not been summoned as provided in subdivision 165.1as required by subdivision 2. For an Indian child, notice of all proceedings must comply 65.2with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1901, et 65.3seq., and section 
         260.765.  65.4    Sec. 24. Minnesota Statutes 2008, section 260C.163, is amended by adding a 65.5subdivision to read:65.6    Subd. 12.Alternative dispute resolution authorized; family group decision 65.7making, parallel protection process and mediation.The court may authorize parties 65.8and participants in any child in need of protection or services, permanency, or termination 65.9of parental rights petition to participate in any appropriate form of alternative dispute 65.10resolution including family group decision making, parallel protection process, and 65.11mediation when such alternative dispute resolution is in the best interests of the child. The 65.12court may order that a child be included in the alternative dispute resolution process, as 65.13appropriate and in the best interests of the child. An alternative dispute resolution process, 65.14including family group decision making, parallel protection process, and mediation, may 65.15be used to resolve part or all of a matter before the court at any point in the proceedings 65.16subject to approval by the court that the resolution is in the best interests of the child.65.17    Sec. 25. Minnesota Statutes 2008, section 260C.175, subdivision 1, is amended to read:65.18    Subdivision 1. Immediate custody. No child may be taken into immediate custody 65.19except:65.20(1) with an order issued by the court in accordance with the provisions of section 65.21260C.151, subdivision 6
         , or Laws 1997, chapter 239, article 10, section 10, paragraph 65.22(a), clause (3), or 12, paragraph (a), clause (3), or by a warrant issued in accordance 65.23with the provisions of section 
         260C.154; 65.24(2) by a peace officer:65.25(i) when a child has run away from a parent, guardian, or custodian, or when the 65.26peace officer reasonably believes the child has run away from a parent, guardian, or 65.27custodian, but only for the purpose of transporting the child home, to the home of a 65.28relative, or to another safe place; or65.29(ii) when a child is found in surroundings or conditions which endanger the child's 65.30health or welfare or which such peace officer reasonably believes will endanger the child's 65.31health or welfare. If an Indian child is a resident of a reservation or is domiciled on a 65.32reservation but temporarily located off the reservation, the taking of the child into custody 65.33under this clause shall be consistent with the Indian Child Welfare Act of 1978, United 65.34States Code, title 25, section 1922;66.1(3) by a peace officer or probation or parole officer when it is reasonably believed 66.2that the child has violated the terms of probation, parole, or other field supervision; or66.3(4) by a peace officer or probation officer under section 
         260C.143, subdivision 1 or 4. 66.4    Sec. 26. Minnesota Statutes 2008, section 260C.176, subdivision 1, is amended to read:66.5    Subdivision 1. Notice; release. If a child is taken into custody as provided in section 66.6260C.175
         , the parent, guardian, or custodian of the child shall be notified as soon as 66.7possible. Unless there is reason to believe that the child would endanger self or others, 66.8not return for a court hearing, run away from the child's parent, guardian, or custodian or 66.9otherwise not remain in the care or control of the person to whose lawful custody the child 66.10is released, or that the child's health or welfare would be immediately endangered, the 66.11child shall be released to the custody of a parent, guardian, custodian, or other suitable 66.12person relative. When a child is taken into custody by a peace officer under section 66.13260C.175, subdivision 1
         , clause (2), item (ii), release from detention may be authorized 66.14by the detaining officer, the detaining officer's supervisor, or the county attorney, or the 66.15social services agency, provided that the agency has conducted an assessment and with 66.16the family has developed and implemented a safety plan for the child, if needed. If 66.17the social services agency has determined that the child's health or welfare will not be 66.18endangered and the provision of appropriate and available services will eliminate the 66.19need for placement, the agency shall request authorization for the child's release from 66.20detention. The person to whom the child is released shall promise to bring the child to 66.21the court, if necessary, at the time the court may direct. If the person taking the child into 66.22custody believes it desirable, that person may request the parent, guardian, custodian, or 66.23other person designated by the court to sign a written promise to bring the child to court as 66.24provided above. The intentional violation of such a promise, whether given orally or in 66.25writing, shall be punishable as contempt of court. 66.26The court may require the parent, guardian, custodian, or other person to whom the 66.27child is released, to post any reasonable bail or bond required by the court which shall be 66.28forfeited to the court if the child does not appear as directed. The court may also release 66.29the child on the child's own promise to appear in juvenile court.66.30    Sec. 27. Minnesota Statutes 2008, section 260C.178, subdivision 1, is amended to read:66.31    Subdivision 1. Hearing and release requirements. (a) If a child was taken into 66.32custody under section 
         260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall 66.33hold a hearing within 72 hours of the time the child was taken into custody, excluding 67.1Saturdays, Sundays, and holidays, to determine whether the child should continue in 67.2custody.67.3    (b) Unless there is reason to believe that the child would endanger self or others, 67.4not return for a court hearing, run away from the child's parent, guardian, or custodian 67.5or otherwise not remain in the care or control of the person to whose lawful custody the 67.6child is released, or that the child's health or welfare would be immediately endangered, 67.7the child shall be released to the custody of a parent, guardian, custodian, or other 67.8suitable person, subject to reasonable conditions of release including, but not limited to, 67.9a requirement that the child undergo a chemical use assessment as provided in section 67.10260C.157, subdivision 1
         . 67.11    (c) If the court determines there is reason to believe that the child would endanger 67.12self or others; not return for a court hearing; run away from the child's parent, guardian, or 67.13custodian or otherwise not remain in the care or control of the person to whose lawful 67.14custody the child is released; or that the child's health or welfare would be immediately 67.15endangered if returned to the care of the parent or guardian who has custody and from 67.16whom the child was removed, the court shall order the child into foster care under the 67.17legal responsibility of the responsible social services agency or responsible probation or 67.18corrections agency for the purposes of protective care as that term is used in the juvenile 67.19court rules or into the home of a noncustodial parent and order the noncustodial parent 67.20to comply with any conditions the court determines to be appropriate to the safety and 67.21care of the child, including cooperating with paternity establishment proceedings in the 67.22case of a man who has not been adjudicated the child's father. The court shall not give 67.23the responsible social services legal custody and order a trial home visit at any time prior 67.24to adjudication and disposition under section 
         260C.201, subdivision 1, paragraph (a), 67.25clause (3), but may order the child returned to the care of the parent or guardian who 67.26has custody and from whom the child was removed and order the parent or guardian to 67.27comply with any conditions the court determines to be appropriate to meet the safety, 67.28health, and welfare of the child.67.29    (d) In determining whether the child's health or welfare would be immediately 67.30endangered, the court shall consider whether the child would reside with a perpetrator 67.31of domestic child abuse.67.32    (e) The court, before determining whether a child should be placed in or continue 67.33in foster care under the protective care of the responsible agency, shall also make a 67.34determination, consistent with section 
         260.012 as to whether reasonable efforts were made 67.35to prevent placement or whether reasonable efforts to prevent placement are not required. 67.36In the case of an Indian child, the court shall determine whether active efforts, according 68.1to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), 68.2were made to prevent placement. The court shall enter a finding that the responsible 68.3social services agency has made reasonable efforts to prevent placement when the agency 68.4establishes either:68.5    (1) that it has actually provided services or made efforts in an attempt to prevent 68.6the child's removal but that such services or efforts have not proven sufficient to permit 68.7the child to safely remain in the home; or68.8    (2) that there are no services or other efforts that could be made at the time of the 68.9hearing that could safely permit the child to remain home or to return home. When 68.10reasonable efforts to prevent placement are required and there are services or other efforts 68.11that could be ordered which would permit the child to safely return home, the court shall 68.12order the child returned to the care of the parent or guardian and the services or efforts put 68.13in place to ensure the child's safety. When the court makes a prima facie determination 68.14that one of the circumstances under paragraph (g) exists, the court shall determine that 68.15reasonable efforts to prevent placement and to return the child to the care of the parent or 68.16guardian are not required.68.17    If the court finds the social services agency's preventive or reunification efforts 68.18have not been reasonable but further preventive or reunification efforts could not permit 68.19the child to safely remain at home, the court may nevertheless authorize or continue 68.20the removal of the child.68.21    (f) The court may not order or continue the foster care placement of the child unless 68.22the court makes explicit, individualized findings that continued custody of the child by 68.23the parent or guardian would be contrary to the welfare of the child and that placement is 68.24in the best interest of the child.68.25    (g) At the emergency removal hearing, or at any time during the course of the 68.26proceeding, and upon notice and request of the county attorney, the court shall determine 68.27whether a petition has been filed stating a prima facie case that:68.28    (1) the parent has subjected a child to egregious harm as defined in section 68.29260C.007, subdivision 14
         ;68.30    (2) the parental rights of the parent to another child have been involuntarily 68.31terminated;68.32    (3) the child is an abandoned infant under section 
         260C.301, subdivision 2, 68.33paragraph (a), clause (2);68.34    (4) the parents' custodial rights to another child have been involuntarily transferred 68.35to a relative under section 
         260C.201, subdivision 11, paragraph (e), clause (1), or a similar 68.36law of another jurisdiction; or69.1    (5) the provision of services or further services for the purpose of reunification is 69.2futile and therefore unreasonable.69.3    (h) When a petition to terminate parental rights is required under section 
         260C.301, 69.4subdivision 3
          or 4, but the county attorney has determined not to proceed with a 69.5termination of parental rights petition, and has instead filed a petition to transfer permanent 69.6legal and physical custody to a relative under section 
         260C.201, subdivision 11, the court 69.7shall schedule a permanency hearing within 30 days of the filing of the petition.69.8    (i) If the county attorney has filed a petition under section 
         260C.307, the court 69.9shall schedule a trial under section 
         260C.163 within 90 days of the filing of the petition 69.10except when the county attorney determines that the criminal case shall proceed to trial 69.11first under section 
         260C.201, subdivision 3.69.12    (j) If the court determines the child should be ordered into foster care and the child's 69.13parent refuses to give information to the responsible social services agency regarding the 69.14child's father or relatives of the child, the court may order the parent to disclose the names, 69.15addresses, telephone numbers, and other identifying information to the responsible social 69.16services agency for the purpose of complying with the requirements of sections 
         260C.151, 69.17260C.212
         , and 
         260C.215.69.18    (k) If a child ordered into foster care has siblings, whether full, half, or step, who 69.19are also ordered into foster care, the court shall inquire of the responsible social services 69.20agency of the efforts to place the children together as required by section 
         260C.212, 69.21subdivision 2
         , paragraph (d), if placement together is in each child's best interests, unless 69.22a child is in placement due solely to the child's own behaviorfor treatment or a child is 69.23placed with a previously noncustodial parent who is not parent to all siblings. If the 69.24children are not placed together at the time of the hearing, the court shall inquire at each 69.25subsequent hearing of the agency's reasonable efforts to place the siblings together, as 69.26required under section 260.012. If any sibling is not placed with another sibling or 69.27siblings, the agency must develop a plan forto facilitate visitation or ongoing contact 69.28among the siblings as required under section 
         260C.212, subdivision 1, unless it is contrary 69.29to the safety or well-being of any of the siblings to do so.69.30    Sec. 28. Minnesota Statutes 2008, section 260C.178, subdivision 3, is amended to read:69.31    Subd. 3. Parental visitation.(a) If a child has been taken into custody under 69.32section 
         260C.151, subdivision 5, or 
         260C.175, subdivision 1, clause (2), item (ii), and 69.33the court determines that the child should continue in foster care, the court shall include 69.34in its order reasonable rules for supervised or unsupervisednotice that the responsible 69.35social services agency has a duty to develop and implement a plan for parental visitation 70.1of and contact with the child in the foster care facilitythat promotes the parent and child 70.2relationship unless itthe court finds that visitation would endanger the child's physical 70.3or emotional well-being.70.4(b) Unless the court finds that visitation would endanger the child's physical or 70.5emotional well-being or unless paragraph (c) or (d) apply, the plan for parental visitation 70.6required under section 260C.212, subdivision 1, paragraph (c), clause (5), must be 70.7developed and implemented by the agency and the child's parents as soon as possible after 70.8the court's order for the child to continue in foster care.70.9(c) When a parent has had no or only limited visitation or contact with the child 70.10prior to the court order for the child to continue in foster care, the court shall not order a 70.11visitation plan developed and implemented until the agency has conducted the assessment 70.12of the parent's ability to provide day-to-day care for the child required under section 70.13260C.212, subdivision 4.70.14(d) When it is in the best interests of the child, the agency may ask the court to 70.15defer its duty to develop a visitation plan between a putative father and the child until the 70.16paternity status of the child's father is adjudicated or until there is a positive test result 70.17under section 257.62, subdivision 5.70.18(e) The visitation plan developed under this subdivision is the same visitation plan 70.19required under section 260C.212, subdivision 1, paragraph (c), clause (5).70.20    Sec. 29. Minnesota Statutes 2008, section 260C.201, subdivision 1, is amended to read:70.21    Subdivision 1. Dispositions. (a) If the court finds that the child is in need of 70.22protection or services or neglected and in foster care, it shall enter an order making any 70.23of the following dispositions of the case:70.24(1) place the child under the protective supervision of the responsible social services 70.25agency or child-placing agency in the home of a parent of the child under conditions 70.26prescribed by the court directed to the correction of the child's need for protection or 70.27services:70.28(i) the court may order the child into the home of a parent who does not otherwise 70.29have legal custody of the child, however, an order under this section does not confer 70.30legal custody on that parent;70.31(ii) if the court orders the child into the home of a father who is not adjudicated, 70.32he must cooperate with paternity establishment proceedings regarding the child in the 70.33appropriate jurisdiction as one of the conditions prescribed by the court for the child to 70.34continue in his home; and71.1(iii) the court may order the child into the home of a noncustodial parent with 71.2conditions and may also order both the noncustodial and the custodial parent to comply 71.3with the requirements of a case plan under subdivision 2; or71.4(2) transfer legal custody to one of the following:71.5(i) a child-placing agency; or71.6(ii) the responsible social services agency. In making a foster care placement for a 71.7child whose custody has been transferred under this subdivision, the agency shall make an 71.8individualized determination of how the placement is in the child's best interests using the 71.9consideration for relatives and the best interest factors in section 
         260C.212, subdivision 71.102, paragraph (b)
         ; or71.11(3) order a trial home visit without modifying the transfer of legal custody to the 71.12responsible social services agency under clause (2). Trial home visit means the child is 71.13returned to the care of the parent or guardian from whom the child was removed for a 71.14period not to exceed six months. During the period of the trial home visit, the responsible 71.15social services agency:71.16(i) shall continue to have legal custody of the child, which means the agency may 71.17see the child in the parent's home, at school, in a child care facility, or other setting as the 71.18agency deems necessary and appropriate;71.19(ii) shall continue to have the ability to access information under section 
         260C.208;71.20(iii) shall continue to provide appropriate services to both the parent and the child 71.21during the period of the trial home visit;71.22(iv) without previous court order or authorization, may terminate the trial home 71.23visit in order to protect the child's health, safety, or welfare and may remove the child 71.24to foster care;71.25(v) shall advise the court and parties within three days of the termination of the trial 71.26home visit when a visit is terminated by the responsible social services agency without 71.27a court order; and71.28(vi) shall prepare a report for the court when the trial home visit is terminated 71.29whether by the agency or court order which describes the child's circumstances during 71.30the trial home visit and recommends appropriate orders, if any, for the court to enter to 71.31provide for the child's safety and stability. In the event a trial home visit is terminated by 71.32the agency by removing the child to foster care without prior court order or authorization, 71.33the court shall conduct a hearing within ten days of receiving notice of the termination 71.34of the trial home visit by the agency and shall order disposition under this subdivision 71.35or conduct a permanency hearing under subdivision 11 or 11a. The time period for the 71.36hearing may be extended by the court for good cause shown and if it is in the best interests 72.1of the child as long as the total time the child spends in foster care without a permanency 72.2hearing does not exceed 12 months;72.3(4) if the child has been adjudicated as a child in need of protection or services 72.4because the child is in need of special services or care to treat or ameliorate a physical or 72.5mental disability or emotional disturbance as defined in section 
         245.4871, subdivision 72.615
         , the court may order the child's parent, guardian, or custodian to provide it. The court 72.7may order the child's health plan company to provide mental health services to the child. 72.8Section 
         62Q.535 applies to an order for mental health services directed to the child's health 72.9plan company. If the health plan, parent, guardian, or custodian fails or is unable to provide 72.10this treatment or care, the court may order it provided. Absent specific written findings by 72.11the court that the child's disability is the result of abuse or neglect by the child's parent or 72.12guardian, the court shall not transfer legal custody of the child for the purpose of obtaining 72.13special treatment or care solely because the parent is unable to provide the treatment or 72.14care. If the court's order for mental health treatment is based on a diagnosis made by a 72.15treatment professional, the court may order that the diagnosing professional not provide 72.16the treatment to the child if it finds that such an order is in the child's best interests; or72.17(5) if the court believes that the child has sufficient maturity and judgment and that it 72.18is in the best interests of the child, the court may order a child 16 years old or older to be 72.19allowed to live independently, either alone or with others as approved by the court under 72.20supervision the court considers appropriate, if the county board, after consultation with the 72.21court, has specifically authorized this dispositional alternative for a child.72.22(b) If the child was adjudicated in need of protection or services because the child 72.23is a runaway or habitual truant, the court may order any of the following dispositions in 72.24addition to or as alternatives to the dispositions authorized under paragraph (a):72.25(1) counsel the child or the child's parents, guardian, or custodian;72.26(2) place the child under the supervision of a probation officer or other suitable 72.27person in the child's own home under conditions prescribed by the court, including 72.28reasonable rules for the child's conduct and the conduct of the parents, guardian, or 72.29custodian, designed for the physical, mental, and moral well-being and behavior of the 72.30child; or with the consent of the commissioner of corrections, place the child in a group 72.31foster care facility which is under the commissioner's management and supervision;72.32(3) subject to the court's supervision, transfer legal custody of the child to one of 72.33the following:72.34(i) a reputable person of good moral character. No person may receive custody of 72.35two or more unrelated children unless licensed to operate a residential program under 72.36sections 
         245A.01 to 
         245A.16; or73.1(ii) a county probation officer for placement in a group foster home established 73.2under the direction of the juvenile court and licensed pursuant to section 
         241.021;73.3(4) require the child to pay a fine of up to $100. The court shall order payment of the 73.4fine in a manner that will not impose undue financial hardship upon the child;73.5(5) require the child to participate in a community service project;73.6(6) order the child to undergo a chemical dependency evaluation and, if warranted 73.7by the evaluation, order participation by the child in a drug awareness program or an 73.8inpatient or outpatient chemical dependency treatment program;73.9(7) if the court believes that it is in the best interests of the child or of public safety 73.10that the child's driver's license or instruction permit be canceled, the court may order the 73.11commissioner of public safety to cancel the child's license or permit for any period up to 73.12the child's 18th birthday. If the child does not have a driver's license or permit, the court 73.13may order a denial of driving privileges for any period up to the child's 18th birthday. The 73.14court shall forward an order issued under this clause to the commissioner, who shall cancel 73.15the license or permit or deny driving privileges without a hearing for the period specified 73.16by the court. At any time before the expiration of the period of cancellation or denial, the 73.17court may, for good cause, order the commissioner of public safety to allow the child to 73.18apply for a license or permit, and the commissioner shall so authorize;73.19(8) order that the child's parent or legal guardian deliver the child to school at the 73.20beginning of each school day for a period of time specified by the court; or73.21(9) require the child to perform any other activities or participate in any other 73.22treatment programs deemed appropriate by the court.73.23To the extent practicable, the court shall enter a disposition order the same day it 73.24makes a finding that a child is in need of protection or services or neglected and in foster 73.25care, but in no event more than 15 days after the finding unless the court finds that the best 73.26interests of the child will be served by granting a delay. If the child was under eight years 73.27of age at the time the petition was filed, the disposition order must be entered within ten 73.28days of the finding and the court may not grant a delay unless good cause is shown and the 73.29court finds the best interests of the child will be served by the delay.73.30(c) If a child who is 14 years of age or older is adjudicated in need of protection 73.31or services because the child is a habitual truant and truancy procedures involving the 73.32child were previously dealt with by a school attendance review board or county attorney 73.33mediation program under section 
         260A.06 or 
         260A.07, the court shall order a cancellation 73.34or denial of driving privileges under paragraph (b), clause (7), for any period up to the 73.35child's 18th birthday.74.1(d) In the case of a child adjudicated in need of protection or services because the 74.2child has committed domestic abuse and been ordered excluded from the child's parent's 74.3home, the court shall dismiss jurisdiction if the court, at any time, finds the parent is able 74.4or willing to provide an alternative safe living arrangement for the child, as defined in 74.5Laws 1997, chapter 239, article 10, section 2.74.6(e) When a parent has complied with a case plan ordered under subdivision 6 and the 74.7child is in the care of the parent, the court may order the responsible social services agency 74.8to monitor the parent's continued ability to maintain the child safely in the home under 74.9such terms and conditions as the court determines appropriate under the circumstances.74.10    Sec. 30. Minnesota Statutes 2008, section 260C.201, subdivision 5, is amended to read:74.11    Subd. 5. Visitation. If the court orders that the child be placed outside of the child's 74.12home or present residence into foster care, it shall set reasonable rules forthe court shall 74.13review and either modify or approve the agency's plan for supervised or unsupervised 74.14parental visitation that contributecontributes to the objectives of the court order and74.15court-ordered case plan, the maintenance of the familial relationship, and that meets the 74.16requirements of section 260C.212, subdivision 1, paragraph (c), clause (5). No parent may 74.17be denied visitation unless the court finds at the disposition hearing that the visitation 74.18would act to prevent the achievement of the order's objectives or that it would endanger 74.19the child's physical or emotional well-being, is not in the child's best interests, or is not 74.20required under section 260C.178, subdivision 3, paragraph (c) or (d). The court shall 74.21set reasonable rulesreview and either modify or approve the agency plan for visitation 74.22for any relatives as defined in section 
         260C.007, subdivision 27, and with siblings of the 74.23child, if visitation is consistent with the best interests of the child. 74.24    Sec. 31. Minnesota Statutes 2008, section 260C.212, subdivision 1, is amended to read:74.25    Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan 74.26shall be prepared within 30 days after any child is placed in foster care by court order or a 74.27voluntary placement agreement between the responsible social services agency and the 74.28child's parent pursuant to subdivision 8 or chapter 260D.74.29    (b) An out-of-home placement plan means a written document which is prepared 74.30by the responsible social services agency jointly with the parent or parents or guardian 74.31of the child and in consultation with the child's guardian ad litem, the child's tribe, if the 74.32child is an Indian child, the child's foster parent or representative of the residential facility, 74.33and, where appropriate, the child. For a child in voluntary foster care for treatment under 75.1chapter 260D, preparation of the out-of-home placement plan shall additionally include 75.2the child's mental health treatment provider. As appropriate, the plan shall be:75.3    (1) submitted to the court for approval under section 
         260C.178, subdivision 7;75.4    (2) ordered by the court, either as presented or modified after hearing, under section 75.5260C.178, subdivision 7
         , or 
         260C.201, subdivision 6; and75.6    (3) signed by the parent or parents or guardian of the child, the child's guardian ad 75.7litem, a representative of the child's tribe, the responsible social services agency, and, if 75.8possible, the child.75.9    (c) The out-of-home placement plan shall be explained to all persons involved in its 75.10implementation, including the child who has signed the plan, and shall set forth:75.11    (1) a description of the residential facility including how the out-of-home placement 75.12plan is designed to achieve a safe placement for the child in the least restrictive, most 75.13family-like, setting available which is in close proximity to the home of the parent or 75.14parents or guardian of the child when the case plan goal is reunification, and how the 75.15placement is consistent with the best interests and special needs of the child according to 75.16the factors under subdivision 2, paragraph (b);75.17    (2) the specific reasons for the placement of the child in a residential facility, and 75.18when reunification is the plan, a description of the problems or conditions in the home of 75.19the parent or parents which necessitated removal of the child from home and the changes 75.20the parent or parents must make in order for the child to safely return home;75.21    (3) a description of the services offered and provided to prevent removal of the child 75.22from the home and to reunify the family including:75.23    (i) the specific actions to be taken by the parent or parents of the child to eliminate 75.24or correct the problems or conditions identified in clause (2), and the time period during 75.25which the actions are to be taken; and75.26    (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made 75.27to achieve a safe and stable home for the child including social and other supportive 75.28services to be provided or offered to the parent or parents or guardian of the child, the 75.29child, and the residential facility during the period the child is in the residential facility;75.30    (4) a description of any services or resources that were requested by the child or the 75.31child's parent, guardian, foster parent, or custodian since the date of the child's placement 75.32in the residential facility, and whether those services or resources were provided and if 75.33not, the basis for the denial of the services or resources;75.34    (5) the visitation plan for the parent or parents or guardian, other relatives as defined 75.35in section 
         260C.007, subdivision 27, and siblings of the child if the siblings are not placed 76.1together in foster care, and whether visitation is consistent with the best interest of the 76.2child, during the period the child is in foster care;76.3    (6) documentation of steps to finalize the adoption or legal guardianship of the child 76.4if the court has issued an order terminating the rights of both parents of the child or of the 76.5only known, living parent of the child. At a minimum, the documentation must include 76.6child-specific recruitment efforts such as relative search and the use of state, regional, and 76.7national adoption exchanges to facilitate orderly and timely placements in and outside 76.8of the state. A copy of this documentation shall be provided to the court in the review 76.9required under section 
         260C.317, subdivision 3, paragraph (b);76.10    (7) efforts to ensure the child's educational stability while in foster care, including: 76.11(i) efforts to ensure that the child in placement remains in the same school in 76.12which the child was enrolled prior to placement, including efforts to work with the local 76.13education authorities to ensure the child's educational stability; or76.14(ii) if it is not in the child's best interest to remain in the same school that the child 76.15was enrolled in prior to placement, efforts to ensure immediate and appropriate enrollment 76.16for the child in a new school;76.17(8) the health and educational records of the child including the most recent 76.18information available regarding:76.19    (i) the names and addresses of the child's health and educational providers;76.20    (ii) the child's grade level performance;76.21    (iii) the child's school record;76.22    (iv) assurances thata statement about how the child's placement in foster care 76.23takes into account proximity to the school in which the child is enrolled at the time 76.24of placement; and76.25    (v) a record of the child's immunizations;76.26    (vi) the child's known medical problems, including any known communicable 76.27diseases, as defined in section 144.4172, subdivision 2;76.28    (vii) the child's medications; and76.29    (viii) any other relevant health and education information;76.30(v) any other relevant educational information;76.31    (8) (9) the efforts by the local agency to ensure the oversight and continuity of health 76.32care services for the foster child, including:76.33(i) the plan to schedule the child's initial health screens;76.34(ii) how the child's known medical problems and identified needs from the screens, 76.35including any known communicable diseases, as defined in section 144.4172, subdivision 76.362, will be monitored and treated while the child is in foster care;77.1(iii) how the child's medical information will be updated and shared, including 77.2the child's immunizations;77.3(iv) who is responsible to coordinate and respond to the child's health care needs, 77.4including the role of the parent, the agency, and the foster parent;77.5(v) who is responsible for oversight of the child's prescription medications;77.6(vi) how physicians or other appropriate medical and nonmedical professionals 77.7will be consulted and involved in assessing the health and well-being of the child and 77.8determine the appropriate medical treatment for the child; and77.9(vii) the responsibility to ensure that the child has access to medical care through 77.10either medical insurance or medical assistance;77.11(10) the health records of the child including information available regarding:77.12(i) the name and addresses of the child's health care and dental care providers;77.13(ii) a record of the child's immunizations;77.14(iii) the child's known medical problems, including any known communicable 77.15diseases as defined in section 144.4172, subdivision 2;77.16(iv) the child's medications; and77.17(v) any other relevant health care information such as the child's eligibility for 77.18medical insurance or medical assistance;77.19(11) an independent living plan for a child age 16 or older who is in placement as 77.20a result of a permanency disposition. The plan should include, but not be limited to, 77.21the following objectives:77.22    (i) educational, vocational, or employment planning;77.23    (ii) health care planning and medical coverage;77.24    (iii) transportation including, where appropriate, assisting the child in obtaining a 77.25driver's license;77.26    (iv) money management;77.27    (v) planning for housing;77.28    (vi) social and recreational skills; and77.29    (vii) establishing and maintaining connections with the child's family and 77.30community; and77.31    (9) (12) for a child in voluntary foster care for treatment under chapter 260D, 77.32diagnostic and assessment information, specific services relating to meeting the mental 77.33health care needs of the child, and treatment outcomes.77.34    (d) The parent or parents or guardian and the child each shall have the right to legal 77.35counsel in the preparation of the case plan and shall be informed of the right at the time 77.36of placement of the child. The child shall also have the right to a guardian ad litem. 78.1If unable to employ counsel from their own resources, the court shall appoint counsel 78.2upon the request of the parent or parents or the child or the child's legal guardian. The 78.3parent or parents may also receive assistance from any person or social services agency 78.4in preparation of the case plan.78.5    After the plan has been agreed upon by the parties involved or approved or ordered 78.6by the court, the foster parents shall be fully informed of the provisions of the case plan 78.7and shall be provided a copy of the plan.78.8    Upon discharge from foster care, the parent, adoptive parent, or permanent legal and 78.9physical custodian, as appropriate, and the child, if appropriate, must be provided with 78.10a current copy of the child's health and education record.78.11    Sec. 32. Minnesota Statutes 2008, section 260C.212, subdivision 2, is amended to read:78.12    Subd. 2. Placement decisions based on best interest of the child. (a) The policy 78.13of the state of Minnesota is to ensure that the child's best interests are met by requiring an 78.14individualized determination of the needs of the child and of how the selected placement 78.15will serve the needs of the child being placed. The authorized child-placing agency shall 78.16place a child, released by court order or by voluntary release by the parent or parents, in 78.17a family foster home selected by considering placement with relatives and important 78.18friends in the following order:78.19    (1) with an individual who is related to the child by blood, marriage, or adoption; or78.20    (2) with an individual who is an important friend with whom the child has resided or 78.21had significant contact.78.22    (b) Among the factors the agency shall consider in determining the needs of the 78.23child are the following:78.24    (1) the child's current functioning and behaviors;78.25    (2) the medical, educational, and developmental needs of the child;78.26    (3) the child's history and past experience;78.27    (4) the child's religious and cultural needs;78.28    (5) the child's connection with a community, school, and church faith community;78.29    (6) the child's interests and talents;78.30    (7) the child's relationship to current caretakers, parents, siblings, and relatives; and78.31    (8) the reasonable preference of the child, if the court, or the child-placing agency 78.32in the case of a voluntary placement, deems the child to be of sufficient age to express 78.33preferences.78.34    (c) Placement of a child cannot be delayed or denied based on race, color, or national 78.35origin of the foster parent or the child.79.1    (d) Siblings should be placed together for foster care and adoption at the earliest 79.2possible time unless it is determined not to be in the best interests of a siblingdocumented 79.3that a joint placement would be contrary to the safety or well-being of any of the siblings 79.4or unless it is not possible after appropriatereasonable efforts by the responsible social 79.5services agency. In cases where siblings cannot be placed together, the agency is required 79.6to provide frequent visitation or other ongoing interaction between siblings unless the 79.7agency documents that the interaction would be contrary to the safety or well-being of 79.8any of the siblings.79.9    (e) Except for emergency placement as provided for in section 
         245A.035, a 79.10completed background study is required under section 
         245C.08 before the approval of a 79.11foster placement in a related or unrelated home.79.12    Sec. 33. Minnesota Statutes 2008, section 260C.212, subdivision 4a, is amended to 79.13read:79.14    Subd. 4a. Monthly caseworker visits. (a) Every child in foster care or on a trial 79.15home visit shall be visited by the child's caseworker on a monthly basis, with the majority 79.16of visits occurring in the child's residence. For the purposes of this section, the following 79.17definitions apply:79.18    (1) "visit" is defined as a face-to-face contact between a child and the child's 79.19caseworker;79.20    (2) "visited on a monthly basis" is defined as at least one visit per calendar month;79.21    (3) "the child's caseworker" is defined as the person who has responsibility for 79.22managing the child's foster care placement case as assigned by the responsible social 79.23service agency; and79.24    (4) "the child's residence" is defined as the home where the child is residing, and 79.25can include the foster home, child care institution, or the home from which the child was 79.26removed if the child is on a trial home visit.79.27    (b) Caseworker visits shall be of sufficient substance and duration to address issues 79.28pertinent to case planning and service delivery to ensure the safety, permanency, and 79.29well-being of the child, including whether the child is enrolled and attending school 79.30as required by law.79.31    Sec. 34. Minnesota Statutes 2008, section 260C.212, subdivision 5, is amended to read:79.32    Subd. 5. Relative search. (a) In implementing the requirement that the responsible 79.33social services agency mustThe responsible social services agency shall exercise due 79.34diligence to identify and notify adult relatives prior to placement or within 30 days after 80.1the child's removal from the parent. The county agency shall consider placement with a 80.2relative under subdivision 2 without delay after identifying the need for placement of the 80.3child in foster care, the responsible social services agency shall identify relatives of the 80.4child and notify them of the need for a foster care home for the child and of the possibility 80.5of the need for a permanent out-of-home placement of the child. The relative search 80.6required by this section shall be reasonable and comprehensive in scope and may last up 80.7to six months or until a fit and willing relative is identified. The relative search required by 80.8this section shall include both maternal relatives of the child and paternal relatives of the 80.9child, if paternity is adjudicated. The relatives must be notified that they must:80.10(1) of the need for a foster home for the child, the option to become a placement 80.11resource for the child, and the possibility of the need for a permanent placement for the 80.12child;80.13(2) of their responsibility to keep the responsible social services agency informed of 80.14their current address in order to receive notice in the event that a permanent placement 80.15is being sought for the child. A relative who fails to provide a current address to the 80.16responsible social services agency forfeits the right to notice of the possibility of 80.17permanent placement. A decision by a relative not to be a placement resource at the 80.18beginning of the case shall not affect whether the relative is considered for placement of 80.19the child with that relative later.;80.20(3) that the relative may participate in the care and planning for the child, including 80.21that the opportunity for such participation may be lost by failing to respond to the notice; 80.22and80.23(4) of the family foster care licensing requirements, including how to complete an 80.24application and how to request a variance from licensing standards that do not present a 80.25safety or health risk to the child in the home under section 245A.04 and supports that are 80.26available for relatives and children who reside in a family foster home.80.27(b) A responsible social services agency may disclose private or confidential data, 80.28as defined in section 
         13.02, to relatives of the child for the purpose of locating a suitable 80.29placement. The agency shall disclose only data that is necessary to facilitate possible 80.30placement with relatives. If the child's parent refuses to give the responsible social 80.31services agency information sufficient to identify the maternal and paternal relatives of the 80.32child, the agency shall ask the juvenile court to order the parent to provide the necessary 80.33information. If a parent makes an explicit request that relatives or a specific relative not be 80.34contacted or considered for placement, the agency shall bring the parent's request to the 80.35attention of the court to determine whether the parent's request is consistent with the best 81.1interests of the child and the agency shall not contact relatives or a specific relative unless 81.2authorized to do so by the juvenile court. 81.3(c) When the placing agency determines that a permanent placement hearing is 81.4necessary because there is a likelihood that the child will not return to a parent's care, the 81.5agency may send the notice provided in paragraph (d), may ask the court to modify the 81.6requirements of the agency under this paragraph, or may ask the court to completely 81.7relieve the agency of the requirements of this paragraph. The relative notification 81.8requirements of this paragraph do not apply when the child is placed with an appropriate 81.9relative or a foster home that has committed to being the permanent legal placement for 81.10the child and the agency approves of that foster home for permanent placement of the 81.11child. The actions ordered by the court under this section must be consistent with the best 81.12interests, safety, and welfare of the child.81.13(d) Unless required under the Indian Child Welfare Act or relieved of this duty by the 81.14court under paragraph (c), when the agency determines that it is necessary to prepare for 81.15the permanent placement determination hearing, or in anticipation of filing a termination 81.16of parental rights petition, the agency shall send notice to the relatives, any adult with 81.17whom the child is currently residing, any adult with whom the child has resided for one 81.18year or longer in the past, and any adults who have maintained a relationship or exercised 81.19visitation with the child as identified in the agency case plan. The notice must state that a 81.20permanent home is sought for the child and that the individuals receiving the notice may 81.21indicate to the agency their interest in providing a permanent home. The notice must state 81.22that within 30 days of receipt of the notice an individual receiving the notice must indicate 81.23to the agency the individual's interest in providing a permanent home for the child or that 81.24the individual may lose the opportunity to be considered for a permanent placement.81.25(e) The Department of Human Services shall develop a best practices guide and 81.26specialized staff training to assist the responsible social services agency in performing and 81.27complying with the relative search requirements under this subdivision.81.28    Sec. 35. Minnesota Statutes 2008, section 260C.212, subdivision 7, is amended to read:81.29    Subd. 7. Administrative or court review of placements. (a) There shall be an 81.30administrative review of the out-of-home placement plan of each child placed in foster 81.31care no later than 180 days after the initial placement of the child in foster care and at least 81.32every six months thereafter if the child is not returned to the home of the parent or parents 81.33within that time. The out-of-home placement plan must be monitored and updated at each 81.34administrative review. The administrative review shall be conducted by the responsible 81.35social services agency using a panel of appropriate persons at least one of whom is not 82.1responsible for the case management of, or the delivery of services to, either the child or 82.2the parents who are the subject of the review. The administrative review shall be open to 82.3participation by the parent or guardian of the child and the child, as appropriate.82.4    (b) As an alternative to the administrative review required in paragraph (a), the court 82.5may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 82.6Procedure, conduct a hearing to monitor and update the out-of-home placement plan 82.7pursuant to the procedure and standard in section 
         260C.201, subdivision 6, paragraph (d). 82.8The party requesting review of the out-of-home placement plan shall give parties to the 82.9proceeding notice of the request to review and update the out-of-home placement plan. 82.10A court review conducted pursuant to section 
         260C.193; 260C.201, subdivision 1 or 11; 82.11260C.141, subdivision 2
          or 2a, clause (2); or 
         260C.317 shall satisfy the requirement for 82.12the review so long as the other requirements of this section are met. 82.13    (c) As appropriate to the stage of the proceedings and relevant court orders, the 82.14responsible social services agency or the court shall review:82.15    (1) the safety, permanency needs, and well-being of the child;82.16    (2) the continuing necessity for and appropriateness of the placement;82.17    (3) the extent of compliance with the out-of-home placement plan;82.18    (4) the extent of progress which has been made toward alleviating or mitigating the 82.19causes necessitating placement in foster care;82.20    (5) the projected date by which the child may be returned to and safely maintained in 82.21the home or placed permanently away from the care of the parent or parents or guardian; 82.22and82.23    (6) the appropriateness of the services provided to the child.82.24    (d) When a child is age 16 or older, in addition to any administrative review 82.25conducted by the agency, at the review required under section 
         260C.201, subdivision 11, 82.26paragraph (d), clause (3), item (iii); or 
         260C.317, subdivision 3, clause (3), the court shall 82.27review the independent living plan required under subdivision 1, paragraph (c), clause 82.28(8), and the provision of services to the child related to the well-being of the child as the 82.29child prepares to leave foster care. The review shall include the actual plans related to 82.30each item in the plan necessary to the child's future safety and well-being when the child is 82.31no longer in foster care.82.32    (1) At the court review, the responsible social services agency shall establish that it 82.33has given the notice required under Minnesota Rules, part 9560.0060, regarding the right 82.34to continued access to services for certain children in foster care past age 18 and of the 82.35right to appeal a denial of social services under section 
         256.245. If the agency is unable 83.1to establish that the notice, including the right to appeal a denial of social services, has 83.2been given, the court shall require the agency to give it.83.3    (2) The court shall make findings regarding progress toward or accomplishment of 83.4the following goals:83.5    (i) the child has obtained a high school diploma or its equivalent; 83.6    (ii) the child has completed a driver's education course or has demonstrated the 83.7ability to use public transportation in the child's community; 83.8    (iii) the child is employed or enrolled in postsecondary education; 83.9    (iv) the child has applied for and obtained postsecondary education financial aid for 83.10which the child is eligible; 83.11    (v) the child has health care coverage and health care providers to meet the child's 83.12physical and mental health needs; 83.13    (vi) the child has applied for and obtained disability income assistance for which 83.14the child is eligible; 83.15    (vii) the child has obtained affordable housing with necessary supports, which does 83.16not include a homeless shelter; 83.17    (viii) the child has saved sufficient funds to pay for the first month's rent and a 83.18damage deposit; 83.19    (ix) the child has an alternative affordable housing plan, which does not include a 83.20homeless shelter, if the original housing plan is unworkable; 83.21    (x) the child, if male, has registered for the Selective Service; and 83.22    (xi) the child has a permanent connection to a caring adult.83.23    (3) The court shall ensure that the responsible agency in conjunction with the 83.24placement provider assists the child in obtaining the following documents prior to the 83.25child's leaving foster care: a Social Security card; the child's birth certificate; a state 83.26identification card or driver's license, green card, or school visa; the child's school, 83.27medical, and dental records; a contact list of the child's medical, dental, and mental health 83.28providers; and contact information for the child's siblings, if the siblings are in foster care.83.29(e) When a child is age 17 or older, during the 90-day period immediately prior to 83.30the date the child is expected to be discharged from foster care, the responsible social 83.31services agency is required to provide the child with assistance and support in developing 83.32a transition plan that is personalized at the direction of the child. The transition plan 83.33must be as detailed as the child may elect and include specific options on housing, health 83.34insurance, education, local opportunities for mentors and continuing support services, and 83.35work force supports and employment services.84.1    Sec. 36. Minnesota Statutes 2008, section 260D.02, subdivision 5, is amended to read:84.2    Subd. 5. Child in voluntary foster care for treatment. "Child in voluntary foster 84.3care for treatment" means a child who is emotionally disturbed or developmentally 84.4disabled or has a related condition and is in foster care under a voluntary foster care 84.5agreement between the child's parent and the agency due to concurrence between the 84.6agency and the parent that the child's level of care requires placement in foster care either84.7when it is determined that foster care is medically necessary:84.8    (1) due to a determination by the agency's screening team based on its review of the 84.9diagnostic and functional assessment under section 
         245.4885; or84.10    (2) due to a determination by the agency's screening team under section 
         256B.092 84.11and Minnesota Rules, parts 9525.0004 to 9525.0016.84.12    A child is not in voluntary foster care for treatment under this chapter when there 84.13is a current determination under section 
         626.556 that the child requires child protective 84.14services or when the child is in foster care for any reason other than the child's emotional 84.15or developmental disability or related condition.84.16    Sec. 37. Minnesota Statutes 2008, section 260D.03, subdivision 1, is amended to read:84.17    Subdivision 1. Voluntary foster care. When the agency's screening team, based 84.18upon the diagnostic and functional assessment under section 
         245.4885 or medical 84.19necessity screenings under section 256B.092, subdivision 7, determines the child's 84.20need for treatment due to emotional disturbance or developmental disability or related 84.21condition requires foster care placement of the child, a voluntary foster care agreement 84.22between the child's parent and the agency gives the agency legal authority to place the 84.23child in foster care.84.24    Sec. 38. Minnesota Statutes 2008, section 484.76, subdivision 2, is amended to read:84.25    Subd. 2. Scope. Alternative dispute resolution methods provided for under the rules 84.26must include arbitration, private trials, neutral expert fact-finding, mediation, minitrials, 84.27consensual special magistrates including retired judges and qualified attorneys to serve 84.28as special magistrates for binding proceedings with a right of appeal, and any other 84.29methods developed by the Supreme Court. The methods provided must be nonbinding 84.30unless otherwise agreed to in a valid agreement between the parties. Alternative dispute 84.31resolution may not be required in guardianship, conservatorship, or civil commitment 84.32matters; proceedings in the juvenile court under chapter 260; or in matters arising under 84.33section 
         144.651, 
         144.652, 
         518B.01, or 
         626.557.  85.1    Sec. 39.  REPEALER.85.2Minnesota Rules, parts 9560.0081; 9560.0083, subparts 1, 5, and 6; and 9560.0091, 85.3subpart 4, item C, are repealed."85.4Delete the title and insert:85.5"A bill for an act85.6relating to human services; changing child welfare provisions; making technical 85.7and policy changes; clarifying data practices; authorizing children's mental health 85.8screening by tribes; changing certain adoption provisions; modifying adoption 85.9assistance eligibility, agreements, and benefits; changing foster care provisions; 85.10requiring diligent efforts to identify parents of a child; changing notice 85.11requirements for termination of parental rights or permanency proceedings; 85.12authorizing alternative dispute resolution; changing parental visitation; requiring 85.13additional information in a child's out-of-home placement plan;amending 85.14Minnesota Statutes 2008, sections 13.46, subdivision 2; 256.01, subdivision 85.1514b; 259.52, subdivisions 2, 6; 259.67, subdivisions 1, 2, 3, 4, 5, 7, by adding 85.16subdivisions; 260.012; 260.93; 260B.007, subdivision 7; 260B.157, subdivision 85.173; 260B.198, subdivision 1; 260C.007, subdivisions 18, 25; 260C.151, 85.18subdivisions 1, 2, 3, by adding a subdivision; 260C.163, by adding a subdivision; 85.19260C.175, subdivision 1; 260C.176, subdivision 1; 260C.178, subdivisions 1, 85.203; 260C.201, subdivisions 1, 3, 5, 11; 260C.209, subdivision 3; 260C.212, 85.21subdivisions 1, 2, 4, 4a, 5, 7; 260D.02, subdivision 5; 260D.03, subdivision 1; 85.22260D.07; 484.76, subdivision 2; Laws 2008, chapter 361, article 6, section 58; 85.23proposing coding for new law in Minnesota Statutes, chapter 260C; repealing 85.24Minnesota Statutes 2008, section 260C.209, subdivision 4; Minnesota Rules, 85.25parts 9560.0081; 9560.0083, subparts 1, 5, 6; 9560.0091, subpart 4, item C."
         		We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Patricia Torres Ray, Mee Moua, Warren LimmerHouse Conferees: (Signed) Larry Hosch, Erin Murphy, Tara Mack

86.1We request the adoption of this report and repassage of the bill.86.2Senate Conferees:(Signed)86.3
                     							.....
                     						
                     							.....
                     						86.4Patricia Torres RayMee Moua86.5
                     							.....
                     						86.6Warren Limmer86.7House Conferees:(Signed)86.8
                     							.....
                     						
                     							.....
                     						86.9Larry HoschErin Murphy86.10
                     							.....
                     						86.11Tara Mack