1.1 	A bill for an act
1.2 	relating to human services; providing for child safety and permanency reform, 
1.3 	including adoptions of children under guardianship of the commissioner; 
1.4 	providing for criminal penalties;amending Minnesota Statutes 2010, sections 
1.5 	257.01; 259.22, subdivision 2; 259.23, subdivision 1; 259.24, subdivisions 1, 3, 
1.6 	5, 6a, 7, by adding a subdivision; 259.69; 259.73; 260.012; 260C.001; 260C.007, 
1.7 	subdivision 4, by adding subdivisions; 260C.101, subdivision 2; 260C.150, 
1.8 	subdivision 1; 260C.151, by adding a subdivision; 260C.152, subdivision 
1.9 	5; 260C.157, subdivisions 1, 3; 260C.163, subdivisions 1, 4, 8, by adding a 
1.10 	subdivision; 260C.171, subdivisions 2, 3, by adding a subdivision; 260C.178, 
1.11 	subdivisions 1, 7; 260C.193, subdivisions 3, 6; 260C.201, subdivisions 2, 
1.12 	10; 260C.212, subdivisions 5, 7; 260C.215, subdivisions 4, 6; 260C.301, 
1.13 	subdivisions 1, 8; 260C.317, subdivisions 3, 4; 260C.325; 260C.328; 260C.451; 
1.14 	260D.08; 626.556, subdivisions 2, 10, 10e, 10f, 10i, 10k; proposing coding 
1.15 	for new law in Minnesota Statutes, chapters 260C; 611; proposing coding for 
1.16 	new law as Minnesota Statutes, chapter 259A; repealing Minnesota Statutes 
1.17 	2010, sections 256.022; 259.67; 259.71; 260C.201, subdivision 11; 260C.215, 
1.18 	subdivision 2; 260C.456; Minnesota Rules, parts 9560.0071; 9560.0082; 
1.19 	9560.0083; 9560.0091; 9560.0093, subparts 1, 3, 4; 9560.0101; 9560.0102.
1.20 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.21 	ARTICLE 1
1.22 	ADOPTION ASSISTANCE

1.23 	Section 1. [259A.01] DEFINITIONS.
1.24 		Subdivision 1.Scope. For the purposes of this chapter, the terms defined in this 
1.25 	section have the meanings given them except as otherwise indicated by the context.
1.26 		Subd. 2.Adoption assistance. "Adoption assistance" means medical coverage and 
1.27 	reimbursement of nonrecurring adoption expenses, and may also include financial support 
1.28 	and reimbursement for specific nonmedical expenses provided under agreement with the 
1.29 	parent of an adoptive child who would otherwise remain in foster care and whose special 
2.1 	needs would otherwise make it difficult to place the child for adoption. Financial support 
2.2 	may include a basic maintenance payment and a supplemental needs payment.
2.3 		Subd. 3.Adoptive parent. "Adoptive parent" means the adult who has been 
2.4 	made the legal parent of a child through a court-ordered adoption decree or a customary 
2.5 	adoption through tribal court.
2.6 		Subd. 4.AFDC. "AFDC" means the aid to families with dependent children 
2.7 	program under sections 256.741, 256.82, and 256.87.
2.8 		Subd. 5.Assessment. "Assessment" means the process by which the child-placing 
2.9 	agency determines the benefits an eligible child may receive under this chapter.
2.10 		Subd. 6.At-risk child. "At-risk child" means a child who does not have a 
2.11 	documented disability but who is at risk of developing a physical, mental, emotional, or 
2.12 	behavioral disability based on being related within the first or second degree to persons 
2.13 	who have an inheritable physical, mental, emotional, or behavioral disabling condition, or 
2.14 	from a background that has the potential to cause the child to develop a physical, mental, 
2.15 	emotional, or behavioral disability that the child is at risk of developing. The disability 
2.16 	must manifest during childhood.
2.17 		Subd. 7.Basic maintenance payment. "Basic maintenance payment" means 
2.18 	the maintenance payment made on behalf of a child to support the costs an adoptive 
2.19 	parent incurs to meet a child's needs consistent with the care parents customarily provide, 
2.20 	including: food, clothing, shelter, daily supervision, school supplies, and child's personal 
2.21 	incidentals. It also supports reasonable travel to participate in face-to-face visitation 
2.22 	between child and birth relatives, including siblings.
2.23 		Subd. 8.Child. "Child" means an individual under 18 years of age. For purposes 
2.24 	of this chapter, child also includes individuals up to age 21 who have approved adoption 
2.25 	assistance agreement extensions under section 259A.45, subdivision 1.
2.26 		Subd. 9.Child-placing agency. "Child-placing agency" means a business, 
2.27 	organization, or department of government, including the responsible social services 
2.28 	agency or a federally recognized Minnesota tribe, designated or authorized by law 
2.29 	to place children for adoption and assigned legal responsibility for placement, care, 
2.30 	and supervision of the child through a court order, voluntary placement agreement, or 
2.31 	voluntary relinquishment.
2.32 		Subd. 10.Child under guardianship of the commissioner of human services.
 2.33 	"Child under guardianship of the commissioner of human services" means a child the 
2.34 	court has ordered under the guardianship of the commissioner of human services pursuant 
2.35 	to section 260C.325.
3.1 		Subd. 11.Commissioner. "Commissioner" means the commissioner of human 
3.2 	services or any employee of the Department of Human Services to whom the commissioner 
3.3 	has delegated authority regarding children under the commissioner's guardianship.
3.4 		Subd. 12.Consent of parent to adoption under chapter 260C. "Consent of 
3.5 	parent to adoption under chapter 260C" means the consent executed pursuant to section 
3.6 	260C.515, subdivision 3. 
3.7 		Subd. 13.Department. "Department" means the Minnesota Department of Human 
3.8 	Services.
3.9 		Subd. 14.Disability. "Disability" means a physical, mental, emotional, or 
3.10 	behavioral impairment that substantially limits one or more major life activities. Major 
3.11 	life activities include, but are not limited to: thinking, walking, hearing, breathing, 
3.12 	working, seeing, speaking, communicating, learning, developing and maintaining healthy 
3.13 	relationships, safely caring for oneself, and performing manual tasks. The nature, duration, 
3.14 	and severity of the impairment shall be used in determining if the limitation is substantial.
3.15 		Subd. 15.Foster care. "Foster care" has the meaning given in section 260C.007, 
3.16 	subdivision 18.
3.17 		Subd. 16.Guardian. "Guardian" means an adult who is appointed pursuant to 
3.18 	section 260C.325. For a child under guardianship of the commissioner, the child's 
3.19 	guardian is the commissioner of human services.
3.20 		Subd. 17.Guardianship. "Guardianship" means the court-ordered rights and 
3.21 	responsibilities of the guardian of a child and includes legal custody of the child.
3.22 		Subd. 18.Indian child. "Indian child" has the meaning given in section 260.755, 
3.23 	subdivision 8.
3.24 		Subd. 19.Legal custodian. "Legal custodian" means a person to whom permanent 
3.25 	legal and physical custody of a child has been transferred under chapter 260C, or for 
3.26 	children under tribal court jurisdiction, a similar provision under tribal code which means 
3.27 	that the individual responsible for the child has responsibility for the protection, education, 
3.28 	care, and control of the child and decision making on behalf of the child.
3.29 		Subd. 20.Medical assistance. "Medical assistance" means Minnesota's 
3.30 	implementation of the federal Medicaid program.
3.31 		Subd. 21.Parent. "Parent" has the meaning given in section 257.52. Parent does 
3.32 	not mean a putative father of a child unless the putative father also meets the requirements 
3.33 	of section 257.55 or unless the putative father is entitled to notice under section 259.49, 
3.34 	subdivision 1. For matters governed by the Indian Child Welfare Act, parent includes any 
3.35 	Indian person who has adopted a child by tribal law or custom, as provided in section 
4.1 	260.755, subdivision 14, and does not include the unwed father where paternity has not 
4.2 	been acknowledged or established.
4.3 		Subd. 22.Permanent legal and physical custody. "Permanent legal and physical 
4.4 	custody" means permanent legal and physical custody ordered by a Minnesota court under 
4.5 	section 260C.515, subdivision 4, or for children under tribal court jurisdiction, a similar 
4.6 	provision under tribal code which means that the individual with permanent legal and 
4.7 	physical custody of the child has responsibility for the protection, education, care, and 
4.8 	control of the child and decision making on behalf of the child.
4.9 		Subd. 23.Preadoptive parent. "Preadoptive parent" means an adult who is caring 
4.10 	for a child in an adoptive placement, but where the court has not yet ordered a final decree 
4.11 	of adoption making the adult the legal parent of the child.
4.12 		Subd. 24.Reassessment. "Reassessment" means an update of a previous assessment 
4.13 	through the process under this chapter completed for a child who has been continuously 
4.14 	eligible for this benefit.
4.15 		Subd. 25.Relative. "Relative" means a person related to the child by blood, 
4.16 	marriage, or adoption, or an individual who is an important friend with whom the child has 
4.17 	resided or had significant contact. For an Indian child, relative includes members of the 
4.18 	extended family as defined by law or custom of the Indian child's tribe, or, in the absence 
4.19 	of law or custom, shall be a person who has reached the age of 18 and who is the Indian 
4.20 	child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece 
4.21 	or nephew, first or second cousin, or stepparent, as provided in the Indian Child Welfare 
4.22 	Act of 1978, United States Code, title 25, section 1903.
4.23 		Subd. 26.Relative search. "Relative search" means the search that is required 
4.24 	under chapter 260C.212, subdivision 5.
4.25 		Subd. 27.Sibling. "Sibling" has the meaning given in section 260C.007, 
4.26 	subdivision 31.
4.27 		Subd. 28.Social and medical history. "Social and medical history" means the 
4.28 	document, on a form or forms prescribed by the commissioner, that contains a child's 
4.29 	genetic, medical, and family background as well as the history and current status of a 
4.30 	child's physical and mental health, behavior, demeanor, foster care placements, education, 
4.31 	and family relationships and has the same meaning as the history required under sections 
4.32 	259.43 and 260C.609.
4.33 		Subd. 29.Supplemental needs payment. "Supplemental needs payment" 
4.34 	means the payment which is negotiated with the adoptive parent for a child who has a 
4.35 	documented physical, mental, emotional, or behavioral disability. The payment is made 
5.1 	based on the requirements associated with parenting duties to nurture the child, preserve 
5.2 	the child's connections, and support the child's functioning in the home.
5.3 		Subd. 30.Termination of parental rights. "Termination of parental rights" means 
5.4 	a court order that severs all rights, powers, privileges, immunities, duties, and obligations, 
5.5 	including any rights to custody, control, visitation, or support, existing between a parent 
5.6 	and child. For an Indian child who is a ward of tribal court, termination of parental rights 
5.7 	means any action resulting in the termination or suspension of the parent-child relationship 
5.8 	when the tribe has made a judicial determination that the child cannot or should not be 
5.9 	returned to the home of the child's parent or parents.

5.10 	Sec. 2. [259A.05] PROGRAM ADMINISTRATION.
5.11 		Subdivision 1.Administration of title IV-E programs. The title IV-E Adoption 
5.12 	Assistance Program shall operate according to the requirements of United States Code, 
5.13 	title 42, sections 671 and 673, and Code of Federal Regulations, parts 1355 and 1356.
5.14 		Subd. 2.Administration responsibilities. (a) AFDC relatedness is one eligibility 
5.15 	component of title IV-E adoption assistance. The AFDC relatedness determination shall be 
5.16 	made by an agency according to policies and procedures prescribed by the commissioner.
5.17 	(b) Subject to commissioner approval, the child-placing agency shall certify a child's 
5.18 	eligibility for adoption assistance in writing on the forms prescribed by the commissioner 
5.19 	according to section 259A.15.
5.20 	(c) Children who meet all eligibility criteria except those specific to title IV-E, shall 
5.21 	receive adoption assistance paid through state funds.
5.22 	(d) The child-placing agency is responsible for assisting the commissioner with 
5.23 	the administration of the adoption assistance program by conducting assessments, 
5.24 	reassessments, negotiations, and other activities as specified by the requirements and 
5.25 	procedures prescribed by the commissioner.
5.26 	(e) The child-placing agency shall notify an adoptive parent of a child's eligibility for 
5.27 	Medicaid in the state of residence. In Minnesota, the child-placing agency shall refer the 
5.28 	adoptive parent to the appropriate social service agency in the parent's county of residence 
5.29 	that administers medical assistance. The child-placing agency shall inform the adoptive 
5.30 	parent of the requirement to comply with the rules of the applicable Medicaid program.
5.31 		Subd. 3.Procedures, requirements, and deadlines. The commissioner shall 
5.32 	specify procedures, requirements, and deadlines for the administration of adoption 
5.33 	assistance in accordance with this section.
5.34 		Subd. 4.Promotion of programs. (a) Parents who adopt children with special 
5.35 	needs must be informed of the adoption tax credit.
6.1 	(b) The commissioner shall actively seek ways to promote the adoption assistance 
6.2 	program, including informing prospective adoptive parents of eligible children under 
6.3 	guardianship of the commissioner and the availability of adoption assistance.

6.4 	Sec. 3. [259A.10] ELIGIBILITY REQUIREMENTS.
6.5 		Subdivision 1.General eligibility requirements. (a) To be eligible for adoption 
6.6 	assistance, a child must:
6.7 	(1) be determined to be a child with special needs, according to subdivision 2;
6.8 	(2) meet the applicable citizenship and immigration requirements in subdivision 
6.9 	3; and
6.10 	(3)(i) meet the criteria outlined in section 473 of the Social Security Act; or
6.11 	(ii) have had foster care payments paid on the child's behalf while in out-of-home 
6.12 	placement through the county or tribal social service agency and be a child under the 
6.13 	guardianship of the commissioner or a ward of tribal court.
6.14 	(b) In addition to the requirements in paragraph (a), the child's adoptive parents must 
6.15 	meet the applicable background study requirements outlined in subdivision 4.
6.16 		Subd. 2.Special needs determination. (a) A child is considered a child with 
6.17 	special needs under this section if all of the requirements in paragraphs (b) to (g) are met:
6.18 	(b) There has been a determination that the child cannot or should not be returned to 
6.19 	the home of the child's parents as evidenced by:
6.20 	(1) court-ordered termination of parental rights;
6.21 	(2) petition to terminate parental rights;
6.22 	(3) consent of parent to adoption accepted by the court under chapter 260C;
6.23 	(4) in circumstances where tribal law permits the child to be adopted without a 
6.24 	termination of parental rights, a judicial determination by tribal court indicating the valid 
6.25 	reason why the child cannot or should not return home;
6.26 	(5) voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment 
6.27 	occurred in another state, the applicable laws in that state; or
6.28 	(6) death of the legal parent, or parents if the child has two legal parents.
6.29 	(c) There exists a specific factor or condition because of which it is reasonable to 
6.30 	conclude that the child cannot be placed with adoptive parents without providing adoption 
6.31 	assistance as evidenced by:
6.32 	(1) determination by the Social Security Administration that the child meets all 
6.33 	medical or disability requirements of title XVI of the Social Security Act with respect to 
6.34 	eligibility for Supplemental Security Income benefits;
7.1 	(2) documented physical, mental, emotional, or behavioral disability not covered 
7.2 	under clause (1);
7.3 	(3) member in a sibling group being adopted at the same time by the same parent;
7.4 	(4) adoptive placement in the home of a parent who previously adopted a sibling for 
7.5 	whom they receive adoption assistance; or
7.6 	(5) documentation that the child is an at-risk child.
7.7 	(d) A reasonable but unsuccessful effort was made to place the child with adoptive 
7.8 	parents without providing adoption assistance as evidenced by:
7.9 	(1) documented search for an appropriate adoptive placement; or
7.10 	(2) determination by the commissioner that a search under clause (1) is not in the 
7.11 	best interests of the child.
7.12 	(e) The requirement for a documented search for an appropriate adoptive placement 
7.13 	under paragraph (d), including the registration of the child with the State Adoption 
7.14 	Exchange and other recruitment methods under paragraph (f), must be waived if:
7.15 	(1) the child is being adopted by a relative and it is determined by the child-placing 
7.16 	agency that adoption by the relative is in the best interests of the child;
7.17 	(2) the child is being adopted by a foster parent with whom the child has developed 
7.18 	significant emotional ties while in their care as a foster child and it is determined by 
7.19 	the child-placing agency that adoption by the foster parent is in the best interests of the 
7.20 	child; or
7.21 	(3) the child is being adopted by a parent that previously adopted a sibling of the 
7.22 	child, and it is determined by the child-placing agency that adoption by this parent is 
7.23 	in the best interests of the child.
7.24 	When the Indian Child Welfare Act applies, a waiver must not be granted unless the 
7.25 	child-placing agency has complied with the placement preferences required by the Indian 
7.26 	Child Welfare Act according to United States Code, title 25, section 1915(a).
7.27 	(f) To meet the requirement of a documented search for an appropriate adoptive 
7.28 	placement under paragraph (d), clause (1), the child-placing agency minimally must:
7.29 	(1) conduct a relative search as required by section 260C.212, subdivision 5, and give 
7.30 	consideration to placement with a relative as required by section 260C.212, subdivision 2;
7.31 	(2) comply with the adoptive placement preferences required under the Indian Child 
7.32 	Welfare Act when the Indian Child Welfare Act, United States Code, title 25, section 
7.33 	1915(a), applies;
7.34 	(3) locate prospective adoptive families by registering the child on the State 
7.35 	Adoption Exchange, as required under section 259.75; and
8.1 	(4) if registration with the State Adoption Exchange does not result in the 
8.2 	identification of an appropriate adoptive placement, the agency must employ additional 
8.3 	recruitment methods, as outlined in requirements and procedures prescribed by the 
8.4 	commissioner.
8.5 	(g) Once the child-placing agency has determined that placement with an identified 
8.6 	parent is in the child's best interest and has made full written disclosure about the child's 
8.7 	social and medical history, the agency must ask the prospective adoptive parent if they are 
8.8 	willing to adopt the child without adoption assistance. If the identified parent is either 
8.9 	unwilling or unable to adopt the child without adoption assistance, the child-placing 
8.10 	agency must provide documentation as prescribed by the commissioner to fulfill the 
8.11 	requirement to make a reasonable effort to place the child without adoption assistance. If 
8.12 	the identified parent desires to adopt the child without adoption assistance, the parent must 
8.13 	provide a written statement to this effect to the child-placing agency and the statement must 
8.14 	be maintained in the permanent adoption record of the child-placing agency. For children 
8.15 	under guardianship of the commissioner, the child-placing agency shall submit a copy of 
8.16 	this statement to the commissioner to be maintained in the permanent adoption record.
8.17 		Subd. 3.Citizenship and immigration status. (a) A child must be a citizen of the 
8.18 	United States or otherwise eligible for federal public benefits according to the Personal 
8.19 	Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, in order to 
8.20 	be eligible for title IV-E Adoption Assistance Program.
8.21 	(b) A child must be a citizen of the United States or meet the qualified alien 
8.22 	requirements as defined in the Personal Responsibility and Work Opportunity 
8.23 	Reconciliation Act of 1996, as amended, in order to be eligible for state-funded adoption 
8.24 	assistance.
8.25 		Subd. 4.Background study. (a) A background study under section 259.41 must be 
8.26 	completed on each prospective adoptive parent. An adoptive parent is prohibited from 
8.27 	receiving adoption assistance on behalf of an otherwise eligible child if the background 
8.28 	study reveals:
8.29 	(1) a felony conviction at any time for:
8.30 	(i) child abuse or neglect;
8.31 	(ii) spousal abuse;
8.32 	(iii) a crime against children, including child pornography; or
8.33 	(iv) a crime involving violence, including rape, sexual assault, or homicide, but not 
8.34 	including other physical assault or battery; or
8.35 	(2) a felony conviction within the past five years for:
8.36 	(i) physical assault;
9.1 	(ii) battery; or
9.2 	(iii) a drug-related offense.
9.3 		Subd. 5.Responsibility for determining adoption assistance eligibility. The 
9.4 	state will determine eligibility for:
9.5 	(1) a Minnesota child under the guardianship of the commissioner who would 
9.6 	otherwise remain in foster care;
9.7 	(2) a child who is not under the guardianship of the commissioner who meets title 
9.8 	IV-E eligibility defined in section 473 of the Social Security Act and no state agency has 
9.9 	legal responsibility for placement and care of the child;
9.10 	(3) a Minnesota child under tribal jurisdiction who would otherwise remain in foster 
9.11 	care; and
9.12 	(4) an Indian child being placed in Minnesota who meets title IV-E eligibility defined 
9.13 	in section 473 of the Social Security Act. The agency or entity assuming responsibility for 
9.14 	the child is responsible for the nonfederal share of the adoption assistance payment.
9.15 		Subd. 6.Exclusions. The adoption assistance program shall not enter into an 
9.16 	adoption assistance agreement with:
9.17 	(1) a child's biological parent;
9.18 	(2) a child's relative, according to section 260C.007, subdivision 27, with whom the 
9.19 	child resides immediately prior to child welfare involvement;
9.20 	(3) a child's legal custodian or guardian who is now adopting the child;
9.21 	(4) an individual adopting a child who is the subject of a direct adoptive placement 
9.22 	under section 259.47 or the equivalent in tribal code; or
9.23 	(5) an individual who is adopting a child who is not a citizen or resident of the 
9.24 	United States and was either adopted in another country or brought to this country for 
9.25 	the purposes of adoption.

9.26 	Sec. 4. [259A.15] ESTABLISHMENT OF ADOPTION ASSISTANCE 
9.27 	ELIGIBILITY.
9.28 		Subdivision 1.Adoption assistance certification. (a) The child-placing agency 
9.29 	shall certify a child as eligible for adoption assistance according to requirements and 
9.30 	procedures, and on forms prescribed by the commissioner. Documentation from a 
9.31 	qualified expert must be provided to verify that a child meets the special needs criteria in 
9.32 	section 259A.10, subdivision 2.
9.33 	(b) Expert documentation of a disability is limited to evidence deemed appropriate 
9.34 	by the commissioner and must be submitted with the certification. Examples of appropriate 
10.1 	documentation include, but are not limited to, medical records, psychological assessments, 
10.2 	educational or early childhood evaluations, court findings, and social and medical history.
10.3 	(c) Documentation that the child is an at-risk child must be submitted according to 
10.4 	requirements and procedures prescribed by the commissioner.
10.5 		Subd. 2.Adoption assistance agreement. (a) An adoption assistance agreement 
10.6 	is a binding contract between the adopting parent, the child-placing agency, and the 
10.7 	commissioner. The agreement outlines the benefits to be provided on behalf of an eligible 
10.8 	child.
10.9 	(b) In order to receive adoption assistance benefits, a written agreement on a form 
10.10 	prescribed by the commissioner must be signed by the parent, an approved representative 
10.11 	from the child-placing agency, and the commissioner prior to the effective date of the 
10.12 	adoption decree. No later than 30 days after the parent is approved for the adoptive 
10.13 	placement, the agreement must be negotiated with the parent as required in section 
10.14 	259A.25, subdivision 1. Adoption assistance must be approved or denied by the 
10.15 	commissioner no later than 15 business days after the receipt of a complete adoption 
10.16 	assistance application prescribed by the commissioner. A fully executed copy of the 
10.17 	signed agreement must be given to each party. Termination or disruption of the adoptive 
10.18 	placement preceding adoption finalization makes the agreement with that parent void.
10.19 	(c) The agreement must specify the following:
10.20 	(1) duration of the agreement;
10.21 	(2) the nature and amount of any payment, services, and assistance to be provided 
10.22 	under the agreement;
10.23 	(3) the child's eligibility for Medicaid services;
10.24 	(4) the terms of the payment;
10.25 	(5) eligibility for reimbursement of nonrecurring expenses associated with adopting 
10.26 	the child, to the extent that the total cost does not exceed $2,000 per child;
10.27 	(6) that the agreement will remain in effect regardless of the state in which the 
10.28 	adoptive parent resides at any given time;
10.29 	(7) provisions for modification of the terms of the agreement; and
10.30 	(8) the effective date of the agreement.
10.31 	(d) The agreement is effective on the date of the adoption decree.
10.32 		Subd. 3.Assessment tool. An assessment tool prescribed by the commissioner 
10.33 	must be completed for any child who has a documented disability that necessitates care, 
10.34 	supervision, and structure beyond that ordinarily provided in a family setting to children 
10.35 	of the same age. This assessment tool must be submitted with the adoption assistance 
10.36 	certification and establishes eligibility for the amount of assistance requested.

11.1 	Sec. 5. [259A.20] BENEFITS AND PAYMENTS.
11.2 		Subdivision 1.General information. (a) Payments to parents under adoption 
11.3 	assistance must be made monthly.
11.4 	(b) Payments must commence when the commissioner receives the adoption decree 
11.5 	from the court, the child-placing agency, or the parent. Payments must be made according 
11.6 	to requirements and procedures prescribed by the commissioner.
11.7 	(c) Payments shall only be made to the adoptive parent specified on the agreement. 
11.8 	If there is more than one adoptive parent, both parties must be listed as the payee unless 
11.9 	otherwise specified in writing according to requirements and procedures prescribed by 
11.10 	the commissioner.
11.11 	(d) Payment must be considered income and resource attributable to the child. 
11.12 	Payment must not be assigned or transferred to another party. Payment is exempt from 
11.13 	garnishment, except as permissible under the laws of the state where the child resides.
11.14 		Subd. 2.Medical assistance eligibility. Eligibility for medical assistance for 
11.15 	children receiving adoption assistance is as specified in section 256B.055.
11.16 		Subd. 3.Payments. (a) The basic maintenance payments must be made according 
11.17 	to the following schedule for all children except those eligible for adoption assistance 
11.18 	based on being an at-risk child:

11.19	Birth through age five
	up to $247 per month
	
11.20	Age six through age 11
	up to $277 per month
	
11.21	Age 12 through age 14
	up to $307 per month
	
11.22	Age 15 and older
	up to $337 per month
	
11.23 	A child must receive the maximum payment amount for the child's age, unless a 
11.24 	lesser amount is negotiated with and agreed to by the prospective adoptive parent.
11.25 	(b) Supplemental needs payments, in addition to basic maintenance payments, are 
11.26 	available based on the severity of a child's disability and the level of parenting required to 
11.27 	care for the child, and must be made according to the following amounts:

11.28	Level I
	up to $150 per month
	
11.29	Level II
	up to $275 per month
	
11.30	Level III
	up to $400 per month
	
11.31	Level IV
	up to $500 per month
	
11.32 	A child's level shall be assessed on an assessment tool prescribed by the 
11.33 	commissioner. A child must receive the maximum payment for the child's assessed level, 
11.34 	unless a lesser amount is negotiated with and agreed to by the prospective adoptive parent.
11.35 		Subd. 4.Reimbursement for special nonmedical expenses. (a) Reimbursement 
11.36 	for special nonmedical expenses is available to children, except those eligible for adoption 
11.37 	assistance based on being an at-risk child.
12.1 	(b) Reimbursements under this paragraph shall be made only after the adoptive 
12.2 	parent documents that the requested service was denied by the local social service agency, 
12.3 	community agencies, local school district, local public health department, the parent's 
12.4 	insurance provider, or the child's program. The denial must be for an eligible service or 
12.5 	qualified item under the program requirements of the applicable agency or organization.
12.6 	(c) Reimbursements must be previously authorized, adhere to the requirements and 
12.7 	procedures prescribed by the commissioner, and be limited to:
12.8 	(1) child care for a child age 12 and younger, or for a child age 13 or 14 who has 
12.9 	a documented disability that requires special instruction for and services by the child 
12.10 	care provider. Child care reimbursements may be made if all available adult caregivers 
12.11 	are employed or attending educational or vocational training programs. If a parent is 
12.12 	attending an educational or vocational training program, child care reimbursement is 
12.13 	limited to no more than the time necessary to complete the credit requirements for an 
12.14 	associate or baccalaureate degree as determined by the educational institution. Child 
12.15 	care reimbursement is not limited for an adoptive parent completing basic or remedial 
12.16 	education programs needed to prepare for postsecondary education or employment;
12.17 	(2) respite care provided for the relief of the child's parent up to 504 hours of respite 
12.18 	care annually;
12.19 	(3) camping up to 14 days per state fiscal year for a child to attend a special needs 
12.20 	camp. The camp must be accredited by the American Camp Association as a special needs 
12.21 	camp in order to be eligible for camp reimbursement;
12.22 	(4) postadoption counseling to promote the child's integration into the adoptive 
12.23 	family that is provided by the placing agency during the first year following the date of the 
12.24 	adoption decree. Reimbursement is limited to 12 sessions of postadoption counseling;
12.25 	(5) family counseling that is required to meet the child's special needs. 
12.26 	Reimbursement is limited to the prorated portion of the counseling fees allotted to the 
12.27 	family when the adoptive parent's health insurance or Medicaid pays for the child's 
12.28 	counseling but does not cover counseling for the rest of the family members;
12.29 	(6) home modifications to accommodate the child's special needs upon which 
12.30 	eligibility for adoption assistance was approved. Reimbursement is limited to once every 
12.31 	five years per child;
12.32 	(7) vehicle modifications to accommodate the child's special needs upon which 
12.33 	eligibility for adoption assistance was approved. Reimbursement is limited to once every 
12.34 	five years per family; and
12.35 	(8) burial expenses up to $1,000, if the special needs, upon which eligibility for 
12.36 	adoption assistance was approved, resulted in the death of the child.
13.1 	(d) The adoptive parent shall submit statements for expenses incurred between July 
13.2 	1 and June 30 of a given fiscal year to the state adoption assistance unit within 60 days 
13.3 	after the end of the fiscal year in order for reimbursement to occur.

13.4 	Sec. 6. [259A.25] DETERMINATION OF ADOPTION ASSISTANCE BENEFITS 
13.5 	AND PAYMENT.
13.6 		Subdivision 1.Negotiation of adoption assistance agreement. (a) A monthly 
13.7 	payment is provided as part of the adoption assistance agreement to support the care of 
13.8 	a child who has manifested special needs. The amount of the payment made on behalf 
13.9 	of a child eligible for adoption assistance is determined through negotiation between 
13.10 	the adoptive parent and the child-placing agency on behalf of the commissioner. The 
13.11 	negotiation shall take into consideration the circumstances of the adopting parent and the 
13.12 	needs of the child being adopted. The income of the adoptive parent must not be taken 
13.13 	into consideration when determining eligibility for adoption assistance or the amount of 
13.14 	the payments under section 259A.20. At the written request of the adoptive parent, the 
13.15 	amount of the payment in the agreement may be renegotiated when there is a change in 
13.16 	the child's needs or the family's circumstances.
13.17 	(b) The adoption assistance agreement of a child who is identified as an at-risk child 
13.18 	must not include a monthly payment unless and until the potential disability upon which 
13.19 	the eligibility for the agreement was based has manifested during childhood.
13.20 		Subd. 2.Renegotiation of adoption assistance agreement. (a) An adoptive 
13.21 	parent of a child with an adoption assistance agreement may request renegotiation of the 
13.22 	agreement when there is a change in the needs of the child or in the family's circumstances. 
13.23 	When an adoptive parent requests renegotiation of the agreement, a reassessment of the 
13.24 	child must be completed by: (1) the responsible social services agency in the child's county 
13.25 	of residence; or (2) the child-placing agency that facilitated the adoption when the child's 
13.26 	residence is out of state. If the reassessment indicates that the child's needs have changed, 
13.27 	the child-placing agency, on behalf of the commissioner and the parent, shall renegotiate 
13.28 	the agreement to include a payment of the level determined appropriate through the 
13.29 	reassessment process using the assessment tool prescribed by the commissioner according 
13.30 	to section 259A.15, subdivision 3. The agreement must not be renegotiated unless the 
13.31 	commissioner and the parent mutually agree to the changes. The effective date of any 
13.32 	renegotiated agreement must be determined according to requirements and procedures 
13.33 	prescribed by the commissioner.
13.34 	(b) An adoptive parent of a child with an adoption assistance agreement based on 
13.35 	the child being an at-risk child may request renegotiation of the agreement to include a 
14.1 	monthly payment. The parent must have written documentation from a qualified expert 
14.2 	that the potential disability upon which eligibility for adoption assistance was approved 
14.3 	has manifested. Documentation of the disability must be limited to evidence deemed 
14.4 	appropriate by the commissioner. Prior to renegotiating the agreement, a reassessment of 
14.5 	the child must be conducted using an assessment tool prescribed by the commissioner 
14.6 	according to section 259A.15, subdivision 3. The reassessment must be used to renegotiate 
14.7 	the agreement to include an appropriate monthly payment. The agreement must not be 
14.8 	renegotiated unless the commissioner and the adoptive parent mutually agree to the 
14.9 	changes. The effective date of any renegotiated agreement must be determined according 
14.10 	to requirements and procedures prescribed by the commissioner.
14.11 		Subd. 3.Child income or income attributable to the child. No income received 
14.12 	by a child will be considered in determining a child's adoption assistance payment 
14.13 	amount. If a child for whom a parent is receiving adoption assistance is also receiving 
14.14 	Supplemental Security Income (SSI) or Retirement, Survivors, Disability Insurance 
14.15 	(RSDI), the certifying agency shall inform the adoptive parent that the child's adoption 
14.16 	assistance must be reported to the Social Security Administration.

14.17 	Sec. 7. [259A.30] REPORTING RESPONSIBILITIES.
14.18 		Subdivision 1.Notification of change. (a) An adoptive parent who has an adoption 
14.19 	assistance agreement shall keep the agency administering the program informed of 
14.20 	changes in status or circumstances that would make the child ineligible for the payments 
14.21 	or eligible for payments in a different amount.
14.22 	(b) As long as the agreement is in effect, the adoptive parent agrees to notify the 
14.23 	agency administering the program in writing within 30 days of the following changes:
14.24 	(1) the child's or adoptive parent's legal name;
14.25 	(2) the family's address;
14.26 	(3) the child's legal custody status;
14.27 	(4) the child's completion of high school, if this occurs after the child attains age 18;
14.28 	(5) the end of an adoptive parent's legal responsibility to support the child based on: 
14.29 	termination of parental rights of the adoptive parent, transfer of guardianship to another 
14.30 	person, or transfer of permanent legal and physical custody to another person;
14.31 	(6) the end of an adoptive parent's financial support of the child;
14.32 	(7) the death of the child;
14.33 	(8) the death of the adoptive parent;
14.34 	(9) the child enlists in the military;
14.35 	(10) the child gets married;
15.1 	(11) the child becomes an emancipated minor through legal action;
15.2 	(12) the adoptive parents separate or divorce;
15.3 	(13) the child is residing outside the adoptive home for a period of more than 30 
15.4 	consecutive days; and
15.5 	(14) the child's status upon which eligibility for extension under section 259A.45, 
15.6 	subdivision 2 or 3, was based.
15.7 		Subd. 2.Correct and true information. If the adoptive parent reports information 
15.8 	the adoptive parent knows is untrue, the adoptive parent fails to notify the commissioner 
15.9 	of changes that may affect eligibility, or the agency administering the program receives 
15.10 	information the adoptive parent did not report, the adoptive parent may be investigated for 
15.11 	theft and, if charged and convicted, shall be sentenced under section 609.52, subdivision 
15.12 	3, clauses (1) to (5).

15.13 	Sec. 8. [259A.35] TERMINATION OF AGREEMENT.
15.14 		Subdivision 1.Reasons for termination. (a) An adoption assistance agreement 
15.15 	shall terminate in any of the following circumstances:
15.16 	(1) the child has attained the age of 18, or up to age 21, when the child meets a 
15.17 	condition for extension as outlined in section 259A.45, subdivision 1;
15.18 	(2) the child has not attained the age of 18, but the commissioner determines the 
15.19 	adoptive parent is no longer legally responsible for support of the child;
15.20 	(3) the commissioner determines the adoptive parent is no longer providing financial 
15.21 	support to the child up to age 21;
15.22 	(4) the death of the child; or
15.23 	(5) the adoptive parent requests in writing termination of the adoption assistance 
15.24 	agreement.
15.25 	(b) An adoptive parent is considered no longer legally responsible for support of the 
15.26 	child in any of the following circumstances:
15.27 	(1) parental rights to the child are legally terminated or a court accepted the parent's 
15.28 	consent to adoption under chapter 260C;
15.29 	(2) permanent legal and physical custody or guardianship of the child is transferred 
15.30 	to another individual;
15.31 	(3) death of adoptive parent;
15.32 	(4) child enlists in the military;
15.33 	(5) child gets married; or
15.34 	(6) child is determined an emancipated minor through legal action.
16.1 		Subd. 2.Death of adoptive parent or adoption dissolution. The adoption 
16.2 	assistance agreement ends upon death or termination of parental rights of both adoptive 
16.3 	parents in the case of a two-parent adoption, or the sole adoptive parent in the case of 
16.4 	a single-parent adoption. The child's adoption assistance eligibility may be continued 
16.5 	according to section 259A.40.
16.6 		Subd. 3.Termination notice for parent. The commissioner shall provide the 
16.7 	child's parent written notice of termination of payment. Termination notices must be sent 
16.8 	according to the requirements and procedures prescribed by the commissioner.

16.9 	Sec. 9. [259A.40] ASSIGNMENT OF ADOPTION ASSISTANCE AGREEMENT.
16.10 		Subdivision 1.Continuing child's eligibility for title IV-E adoption assistance 
16.11 	in a subsequent adoption. (a) The child maintains eligibility for title IV-E adoption 
16.12 	assistance in a subsequent adoption if the following criteria are met:
16.13 	(1) the child is determined to be a child with special needs as outlined in section 
16.14 	259A.10, subdivision 2; and
16.15 	(2) the subsequent adoptive parent resides in Minnesota.
16.16 	(b) If the child had a title IV-E adoption assistance agreement prior to the death of 
16.17 	the adoptive parent or dissolution of the adoption, and the subsequent adoptive parent 
16.18 	resides outside of Minnesota, the state is not responsible for determining whether the child 
16.19 	meets the definition of special needs, entering into the adoption assistance agreement, and 
16.20 	making any adoption assistance payments outlined in the new agreement unless a state 
16.21 	agency in Minnesota has responsibility for placement and care of the child at the time of 
16.22 	the subsequent adoption. If there is no state agency in Minnesota that has responsibility 
16.23 	for placement and care of the child at the time of the subsequent adoption, it is the public 
16.24 	child welfare agency in the subsequent adoptive parent's residence that is responsible for 
16.25 	determining whether the child meets the definition of special needs and entering into the 
16.26 	adoption assistance agreement.
16.27 		Subd. 2.Assigning a child's adoption assistance to a court-appointed guardian.
 16.28 	(a) State-funded adoption assistance may be continued with the written consent of the 
16.29 	commissioner to an individual who is a guardian appointed by a court for the child upon 
16.30 	the death of both the adoptive parents in the case of a two-parent adoption, or the sole 
16.31 	adoptive parent in the case of a single-parent adoption, unless the child is under the 
16.32 	custody of a child-placing agency.
16.33 	(b) Temporary assignment of adoption assistance may be approved by the 
16.34 	commissioner for a maximum of six consecutive months from the death of the parent 
16.35 	or parents and must adhere to the requirements and procedures prescribed by the 
17.1 	commissioner. If, within six months, the child has not been adopted by a person agreed 
17.2 	upon by the commissioner, or if a court has not appointed a legal guardian under either 
17.3 	section 260C.325 or 524.5-313, or similar law of another jurisdiction, the adoption 
17.4 	assistance shall terminate. Upon assignment of payments pursuant to this subdivision, 
17.5 	funding shall be from state funds only.

17.6 	Sec. 10. [259A.45] EXTENSION OF ADOPTION ASSISTANCE AGREEMENT.
17.7 		Subdivision 1.General requirements. (a) Under certain limited circumstances a 
17.8 	child may qualify for extension of the adoption assistance agreement beyond the date the 
17.9 	child attains age 18, up to the date the child attains the age of 21.
17.10 	(b) A request for extension of the adoption assistance agreement must be completed 
17.11 	in writing and submitted, including all supporting documentation, by the adoptive parent 
17.12 	at least 60 calendar days prior to the date that the current agreement will terminate.
17.13 	(c) A signed amendment to the current adoption assistance agreement must be 
17.14 	fully executed between the adoptive parent and the commissioner at least ten business 
17.15 	days prior to the termination of the current agreement. The request for extension and the 
17.16 	fully executed amendment must be made according to the requirements and procedures 
17.17 	prescribed by the commissioner, including documentation of eligibility, and on forms 
17.18 	prescribed by the commissioner.
17.19 	(d) If a child-placing agency is certifying a child for adoption assistance and 
17.20 	the child will attain the age of 18 within 60 calendar days of submission, the request 
17.21 	for extension must be completed in writing and submitted, including all supporting 
17.22 	documentation, with the adoption assistance application.
17.23 		Subd. 2.Extension past age 18 for child adopted after 16th birthday. A child 
17.24 	who has attained the age of 16 prior to finalization of the child's adoption is eligible for 
17.25 	extension of the adoption assistance agreement up to the date the child attains age 21 
17.26 	if the child is:
17.27 	(1) dependent on the adoptive parent for care and financial support; and
17.28 	(2)(i) completing a secondary education program or a program leading to an 
17.29 	equivalent credential;
17.30 	(ii) enrolled in an institution that provides postsecondary or vocational education;
17.31 	(iii) participating in a program or activity designed to promote or remove barriers to 
17.32 	employment;
17.33 	(iv) employed for at least 80 hours per month; or
18.1 	(v) incapable of doing any of the activities described in clauses (i) to (iv) due to 
18.2 	a medical condition where incapability is supported by documentation from an expert 
18.3 	according to the requirements and procedures prescribed by the commissioner.
18.4 		Subd. 3.Extension past age 18 for child adopted prior to 16th birthday. A child 
18.5 	who has not attained the age of 16 prior to finalization of the child's adoption is eligible 
18.6 	for extension of the adoption assistance agreement up to the date the child attains the 
18.7 	age of 21 if the child is:
18.8 	(1) dependent on the adoptive parent for care and financial support; and
18.9 	(2)(i) enrolled in a secondary education program or a program leading to the 
18.10 	equivalent; or
18.11 	(ii) incapable of sustaining employment because of the continuation of a physical or 
18.12 	mental disability, upon which eligibility for adoption assistance was approved.

18.13 	Sec. 11. [259A.50] OVERPAYMENTS OF ADOPTION ASSISTANCE.
18.14 	An amount of adoption assistance paid to an adoptive parent in excess of the 
18.15 	payment that was actually due is recoverable by the commissioner, even when the 
18.16 	overpayment was caused by agency error or circumstances outside the responsibility and 
18.17 	control of the parent or provider. Adoption assistance amounts covered by this section 
18.18 	include basic maintenance needs payments, monthly supplemental maintenance needs 
18.19 	payments, reimbursement of nonrecurring adoption expenses, reimbursement of special 
18.20 	nonmedical costs, and reimbursement of medical costs.

18.21 	Sec. 12. [259A.55] APPEALS AND FAIR HEARINGS.
18.22 		Subdivision 1.Appeals for denials, modifications, or terminations. An adoptive 
18.23 	parent or a prospective adoptive parent has the right to appeal to the commissioner under 
18.24 	section 256.045, for reasons including, but not limited to: when eligibility for adoption 
18.25 	assistance is denied, when a specific payment or reimbursement is modified or denied, 
18.26 	and when the agreement for an eligible child is terminated. A prospective adoptive parent 
18.27 	who disagrees with a decision by the commissioner prior to finalization of the adoption 
18.28 	may request review of the decision by the commissioner, or may appeal the decision 
18.29 	under section 256.045.
18.30 		Subd. 2.Extenuating circumstances. (a) An adoption assistance agreement must 
18.31 	be signed and fully executed prior to the court order that finalizes the adoption. An 
18.32 	adoptive parent who believes that extenuating circumstances exist, as to why the adoption 
18.33 	was finalized prior to fully executing an adoption assistance agreement, may request 
19.1 	a fair hearing. The parent has the responsibility to prove the existence of extenuating 
19.2 	circumstances, such as:
19.3 	(1) relevant facts regarding the child were known by the child-placing agency and 
19.4 	not presented to the parent prior to finalization of the adoption; or
19.5 	(2) the child-placing agency failed to advise a potential parent about the availability 
19.6 	of adoption assistance for a child in the county-paid foster care system.
19.7 	(b) If an appeals judge finds through the fair hearing process that extenuating 
19.8 	circumstances existed and that the child met all eligibility criteria at the time the adoption 
19.9 	was finalized, the effective date and any associated federal financial participation shall 
19.10 	be retroactive to the date of the request for a fair hearing.

19.11 	Sec. 13. [259A.60] INDIAN CHILD.
19.12 	Whenever possible, an Indian child should be served by the Indian child's tribal 
19.13 	governing body, the Indian child's tribal court, or a licensed Indian child-placing agency.

19.14 	Sec. 14. [259A.65] INTERSTATE COMPACT ON ADOPTION AND MEDICAL 
19.15 	ASSISTANCE.
19.16 		Subdivision 1.Purpose. It is the purpose and policy of the state of Minnesota to:
19.17 	(1) enter into interstate agreements with agencies of other states to safeguard and 
19.18 	protect the interests of children covered by an adoption assistance agreement when they 
19.19 	are adopted across state lines or move to another state after adoption finalization; and
19.20 	(2) provide a framework for uniformity and consistency in administrative procedures 
19.21 	when a child with special needs is adopted by a family in another state and for children 
19.22 	adopted in Minnesota who move to another state.
19.23 		Subd. 2.Definitions. For the purposes of this section, the terms defined in this 
19.24 	subdivision have the meanings given them, unless the context clearly indicates otherwise.
19.25 	(1) "Adoption assistance state" means the state that certifies eligibility for Medicaid 
19.26 	in an adoption assistance agreement.
19.27 	(2) "Resident state" is the state where the adopted child is a resident.
19.28 	(3) "State" means a state of the United States, the District of Columbia, 
19.29 	the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the 
19.30 	Commonwealth of the Northern Mariana Islands, or a territory or possession of the 
19.31 	United States.
19.32 		Subd. 3.Compacts authorized. The commissioner is authorized to develop, 
19.33 	negotiate, and enter into one or more interstate compacts on behalf of this state with other 
19.34 	states to implement Medicaid for children with adoption assistance agreements.
20.1 		Subd. 4.Contents of compacts. (a) A compact must include:
20.2 	(1) a provision allowing all states to join the compact;
20.3 	(2) a provision for withdrawal from the compact upon written notice to the parties, 
20.4 	effective one year after the notice is provided;
20.5 	(3) a requirement that the protections afforded under the compact continue in force 
20.6 	for the duration of the adoption assistance from a party state other than the one in which 
20.7 	the adopted child is a resident;
20.8 	(4) a requirement that each instance of adoption assistance to which the compact 
20.9 	applies be covered by an adoption assistance agreement in writing between the adoptive 
20.10 	parent and the state child welfare agency of the state that provides the adoption assistance, 
20.11 	and that the agreement be expressly for the benefit of the adopted child and enforceable by 
20.12 	the adoptive parent and the state agency providing the adoption assistance; and
20.13 	(5) other provisions necessary and appropriate for the proper administration of the 
20.14 	compact.
20.15 	(b) A compact may contain provisions establishing requirements and entitlements to 
20.16 	medical, developmental, child care, or other social services for the child under state law, 
20.17 	even though the child and the adoptive parent are in a state other than the one responsible 
20.18 	for or providing the services or funds to pay part or all of the costs.
20.19 		Subd. 5.Duties of commissioner of human services regarding medical 
20.20 	assistance. (a) The commissioner of human services shall:
20.21 	(1) provide Minnesota medical assistance for an adopted child who is title IV-E 
20.22 	eligible;
20.23 	(2) provide Minnesota medical assistance for an adopted child who is not title IV-E 
20.24 	eligible who:
20.25 	(i) was determined to have a special need for medical or rehabilitative care;
20.26 	(ii) is living in another state; and 
20.27 	(iii) is covered by an adoption assistance agreement made by the commissioner for 
20.28 	medical coverage or benefits when the child is not eligible for Medicaid in the child's 
20.29 	residence state;
20.30 	(3) consider the holder of a medical assistance identification card under this 
20.31 	subdivision as any other recipient of medical assistance under chapter 256B; and
20.32 	(4) process and make payments on claims for the recipient in the same manner as 
20.33 	for other recipients of medical assistance.
20.34 	(b) Coverage must be limited to providers authorized by Minnesota's medical 
20.35 	assistance program, and according to Minnesota's program requirements.
21.1 		Subd. 6.Cooperation with Medicaid. The adoptive parent shall cooperate with 
21.2 	and abide by the Medicaid program requirements and procedures of the state which 
21.3 	provides medical coverage.
21.4 		Subd. 7.Federal participation. The commissioner shall apply for and administer 
21.5 	all relevant aid in accordance with state and federal law.

21.6 	Sec. 15. [259A.70] REIMBURSEMENT OF NONRECURRING ADOPTION 
21.7 	EXPENSES.
21.8 	(a) The commissioner of human services shall provide reimbursement to an adoptive 
21.9 	parent for costs incurred in an adoption of a child with special needs according to section 
21.10 	259A.10, subdivision 2. Reimbursement shall be made for expenses that are reasonable 
21.11 	and necessary for the adoption to occur, subject to a maximum of $2,000. The expenses 
21.12 	must directly relate to the legal adoption of the child, not be incurred in violation of state 
21.13 	or federal law, and must not have been reimbursed from other sources or funds.
21.14 	(b) Children who have special needs but are not citizens or residents of the United 
21.15 	States and were either adopted in another country or brought to this country for the 
21.16 	purposes of adoption are categorically ineligible for this reimbursement program, except if 
21.17 	the child meets the eligibility criteria after the dissolution of the international adoption.
21.18 	(c) An adoptive parent, in consultation with the responsible child-placing agency, 
21.19 	may request reimbursement of nonrecurring adoption expenses by submitting a complete 
21.20 	application, according to the requirements and procedures and on forms prescribed by 
21.21 	the commissioner.
21.22 	(d) The commissioner shall determine the child's eligibility for adoption expense 
21.23 	reimbursement under title IV-E of the Social Security Act, United States Code, title 42, 
21.24 	sections 670 to 676. If determined eligible, the commissioner of human services shall 
21.25 	sign the agreement for nonrecurring adoption expense reimbursement, making this a 
21.26 	fully executed agreement. To be eligible, the agreement must be fully executed prior to 
21.27 	the child's adoption finalization.
21.28 	(e) An adoptive parent who has an adoption assistance agreement under section 
21.29 	259A.15, subdivision 2, is not required to make a separate application for reimbursement 
21.30 	of nonrecurring adoption expenses for the child who is the subject of that agreement.
21.31 	(f) If determined eligible, the adoptive parent shall submit reimbursement requests 
21.32 	within 21 months of the date of the child's adoption decree, and according to requirements 
21.33 	and procedures prescribed by the commissioner.

22.1 	Sec. 16. [259A.75] REIMBURSEMENT OF CERTAIN AGENCY COSTS; 
22.2 	PURCHASE OF SERVICE CONTRACTS.
22.3 		Subdivision 1.General information. (a) Subject to the procedures required by 
22.4 	the commissioner and the provisions of this section, a Minnesota county or tribal social 
22.5 	services agency shall receive a reimbursement from the commissioner equal to 100 
22.6 	percent of the reasonable and appropriate cost for contracted adoption placement services 
22.7 	identified for a specific child that are not reimbursed under other federal or state funding 
22.8 	sources.
22.9 	(b) The commissioner may spend up to $16,000 for each purchase of service 
22.10 	contract. Only one contract per child per adoptive placement is permitted. Funds 
22.11 	encumbered and obligated under the contract for the child remain available until the terms 
22.12 	of the contract are fulfilled or the contract is terminated.
22.13 	(c) The commissioner shall set aside an amount not to exceed five percent of the 
22.14 	total amount of the fiscal year appropriation from the state for the adoption assistance 
22.15 	program to reimburse placing agencies for child-specific adoption placement services. 
22.16 	When adoption assistance payments for children's needs exceed 95 percent of the total 
22.17 	amount of the fiscal year appropriation from the state for the adoption assistance program, 
22.18 	the amount of reimbursement available to placing agencies for adoption services is 
22.19 	reduced correspondingly.
22.20 		Subd. 2.Child eligibility criteria. (a) A child who is the subject of a purchase 
22.21 	of service contract must:
22.22 	(1) have the goal of adoption, which may include an adoption in accordance with 
22.23 	tribal law;
22.24 	(2) be under the guardianship of the commissioner of human services or be a ward of 
22.25 	tribal court pursuant to section 260.755, subdivision 20; and
22.26 	(3) meet all of the special needs criteria according to section 259A.10, subdivision 2.
22.27 	(b) A child under the guardianship of the commissioner must have an identified 
22.28 	adoptive parent and a fully executed adoption placement agreement according to section 
22.29 	260C.613, subdivision 1, paragraph (a).
22.30 		Subd. 3.Agency eligibility criteria. (a) A Minnesota county or tribal social 
22.31 	services agency shall receive reimbursement for child-specific adoption placement 
22.32 	services for an eligible child that it purchases from a private adoption agency licensed in 
22.33 	Minnesota or any other state or tribal social services agency.
22.34 	(b) Reimbursement for adoption services is available only for services provided 
22.35 	prior to the date of the adoption decree.
23.1 		Subd. 4.Application and eligibility determination. (a) A county or tribal social 
23.2 	services agency may request reimbursement of costs for adoption placement services by 
23.3 	submitting a complete purchase of service application, according to the requirements and 
23.4 	procedures and on forms prescribed by the commissioner.
23.5 	(b) The commissioner shall determine eligibility for reimbursement of adoption 
23.6 	placement services. If determined eligible, the commissioner of human services shall 
23.7 	sign the purchase of service agreement, making this a fully executed contract. No 
23.8 	reimbursement under this section shall be made to an agency for services provided prior to 
23.9 	the fully executed contract.
23.10 	(c) Separate purchase of service agreements shall be made, and separate records 
23.11 	maintained, on each child. Only one agreement per child per adoptive placement is 
23.12 	permitted. For siblings who are placed together, services shall be planned and provided to 
23.13 	best maximize efficiency of the contracted hours.
23.14 		Subd. 5.Reimbursement process. (a) The agency providing adoption services is 
23.15 	responsible to track and record all service activity, including billable hours, on a form 
23.16 	prescribed by the commissioner. The agency shall submit this form to the state for 
23.17 	reimbursement after services have been completed.
23.18 	(b) The commissioner shall make the final determination whether or not the 
23.19 	requested reimbursement costs are reasonable and appropriate and if the services have 
23.20 	been completed according to the terms of the purchase of service agreement.
23.21 		Subd. 6.Retention of purchase of service records. Agencies entering into 
23.22 	purchase of service contracts shall keep a copy of the agreements, service records, and all 
23.23 	applicable billing and invoicing according to the department's record retention schedule. 
23.24 	Agency records shall be provided upon request by the commissioner.

23.25 	ARTICLE 2
23.26 	CHILD PROTECTION

23.27 	Section 1. Minnesota Statutes 2010, section 260.012, is amended to read:
23.28 	260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
23.29 	REUNIFICATION; REASONABLE EFFORTS.
23.30 	(a) Once a child alleged to be in need of protection or services is under the court's 
23.31 	jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 
23.32 	services, by the social services agency are made to prevent placement or to eliminate the 
23.33 	need for removal and to reunite the child with the child's family at the earliest possible 
23.34 	time, and the court must ensure that the responsible social services agency makes 
24.1 	reasonable efforts to finalize an alternative permanent plan for the child as provided in 
24.2 	paragraph (e). In determining reasonable efforts to be made with respect to a child and in 
24.3 	making those reasonable efforts, the child's best interests, health, and safety must be of 
24.4 	paramount concern. Reasonable efforts to prevent placement and for rehabilitation and 
24.5 	reunification are always required except upon a determination by the court that a petition 
24.6 	has been filed stating a prima facie case that:
24.7 	(1) the parent has subjected a child to egregious harm as defined in section 
24.8 	260C.007, subdivision 14;
24.9 	(2) the parental rights of the parent to another child have been terminated 
24.10 	involuntarily;
24.11 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, 
24.12 	paragraph (a), clause (2);
24.13 	(4) the parent's custodial rights to another child have been involuntarily transferred 
24.14 	to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar 
24.15 	law of another jurisdiction; or
24.16 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 
24.17 	2, against the child or another child of the parent;
24.18 	(6) the parent has committed an offense that requires registration as a predatory 
24.19 	offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
24.20 	(5)(7) the provision of services or further services for the purpose of reunification is 
24.21 	futile and therefore unreasonable under the circumstances.
24.22 	(b) When the court makes one of the prima facie determinations under paragraph (a), 
24.23 	either permanency pleadings under section 260C.201, subdivision 11, or a termination 
24.24 	of parental rights petition under sections 260C.141 and 260C.301 must be filed. A 
24.25 	permanency hearing under section 260C.201, subdivision 11, must be held within 30 
24.26 	days of this determination.
24.27 	(c) In the case of an Indian child, in proceedings under sections 260B.178 or 
24.28 	260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions 
24.29 	consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 
24.30 	1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child 
24.31 	Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social 
24.32 	services agency must provide active efforts as required under United States Code, title 
24.33 	25, section 1911(d).
24.34 	(d) "Reasonable efforts to prevent placement" means:
24.35 	(1) the agency has made reasonable efforts to prevent the placement of the child in 
24.36 	foster care by working with the family to develop and implement a safety plan; or
25.1 	(2) given the particular circumstances of the child and family at the time of the 
25.2 	child's removal, there are no services or efforts available which could allow the child to 
25.3 	safely remain in the home.
25.4 	(e) "Reasonable efforts to finalize a permanent plan for the child" means due 
25.5 	diligence by the responsible social services agency to:
25.6 	(1) reunify the child with the parent or guardian from whom the child was removed;
25.7 	(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 
25.8 	where appropriate, provide services necessary to enable the noncustodial parent to safely 
25.9 	provide the care, as required by section 260C.212, subdivision 4;
25.10 	(3) conduct a relative search to identify and provide notice to adult relatives as 
25.11 	required under section 260C.212, subdivision 5;
25.12 	(4) place siblings removed from their home in the same home for foster care or 
25.13 	adoption, or transfer permanent legal and physical custody to a relative. Visitation 
25.14 	between siblings who are not in the same foster care, adoption, or custodial placement or 
25.15 	facility shall be consistent with section 260C.212, subdivision 2; and
25.16 	(5) when the child cannot return to the parent or guardian from whom the child was 
25.17 	removed, to plan for and finalize a safe and legally permanent alternative home for the 
25.18 	child, and considers permanent alternative homes for the child inside or outside of the 
25.19 	state, preferably through adoption or transfer of permanent legal and physical custody of 
25.20 	the child.
25.21 	(f) Reasonable efforts are made upon the exercise of due diligence by the responsible 
25.22 	social services agency to use culturally appropriate and available services to meet the 
25.23 	needs of the child and the child's family. Services may include those provided by the 
25.24 	responsible social services agency and other culturally appropriate services available in 
25.25 	the community. At each stage of the proceedings where the court is required to review 
25.26 	the appropriateness of the responsible social services agency's reasonable efforts as 
25.27 	described in paragraphs (a), (d), and (e), the social services agency has the burden of 
25.28 	demonstrating that:
25.29 	(1) it has made reasonable efforts to prevent placement of the child in foster care;
25.30 	(2) it has made reasonable efforts to eliminate the need for removal of the child from 
25.31 	the child's home and to reunify the child with the child's family at the earliest possible time;
25.32 	(3) it has made reasonable efforts to finalize an alternative permanent home for 
25.33 	the child, and considers permanent alternative homes for the child inside or outside of 
25.34 	the state; or
25.35 	(4) reasonable efforts to prevent placement and to reunify the child with the parent 
25.36 	or guardian are not required. The agency may meet this burden by stating facts in a sworn 
26.1 	petition filed under section 260C.141, by filing an affidavit summarizing the agency's 
26.2 	reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 
26.3 	efforts to reunify the parent and child, or through testimony or a certified report required 
26.4 	under juvenile court rules.
26.5 	(g) Once the court determines that reasonable efforts for reunification are not 
26.6 	required because the court has made one of the prima facie determinations under paragraph 
26.7 	(a), the court may only require reasonable efforts for reunification after a hearing according 
26.8 	to section 260C.163, where the court finds there is not clear and convincing evidence of 
26.9 	the facts upon which the court based its prima facie determination. In this case when there 
26.10 	is clear and convincing evidence that the child is in need of protection or services, the 
26.11 	court may find the child in need of protection or services and order any of the dispositions 
26.12 	available under section 260C.201, subdivision 1. Reunification of a surviving child with a 
26.13 	parent is not required if the parent has been convicted of:
26.14 	(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 
26.15 	609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the 
26.16 	parent;
26.17 	(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the 
26.18 	surviving child; or
26.19 	(3) a violation of, or an attempt or conspiracy to commit a violation of, United States 
26.20 	Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.;
26.21 	(4) committing sexual abuse as defined in section 626.556, subdivision 2, against 
26.22 	the child or another child of the parent; or
26.23 	(5) an offense that requires registration as a predatory offender under section 
26.24 	243.166, subdivision 1b, paragraph (a) or (b).
26.25 	(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178, 
26.26 	260C.201, and 260C.301 shall make findings and conclusions as to the provision of 
26.27 	reasonable efforts. When determining whether reasonable efforts have been made, the 
26.28 	court shall consider whether services to the child and family were:
26.29 	(1) relevant to the safety and protection of the child;
26.30 	(2) adequate to meet the needs of the child and family;
26.31 	(3) culturally appropriate;
26.32 	(4) available and accessible;
26.33 	(5) consistent and timely; and
26.34 	(6) realistic under the circumstances.
27.1 	In the alternative, the court may determine that provision of services or further 
27.2 	services for the purpose of rehabilitation is futile and therefore unreasonable under the 
27.3 	circumstances or that reasonable efforts are not required as provided in paragraph (a).
27.4 	(i) This section does not prevent out-of-home placement for treatment of a child with 
27.5 	a mental disability when it is determined to be medically necessary as a result of the child's 
27.6 	diagnostic assessment or individual treatment plan indicates that appropriate and necessary 
27.7 	treatment cannot be effectively provided outside of a residential or inpatient treatment 
27.8 	program and the level or intensity of supervision and treatment cannot be effectively and 
27.9 	safely provided in the child's home or community and it is determined that a residential 
27.10 	treatment setting is the least restrictive setting that is appropriate to the needs of the child.
27.11 	(j) If continuation of reasonable efforts to prevent placement or reunify the child 
27.12 	with the parent or guardian from whom the child was removed is determined by the court 
27.13 	to be inconsistent with the permanent plan for the child or upon the court making one of 
27.14 	the prima facie determinations under paragraph (a), reasonable efforts must be made to 
27.15 	place the child in a timely manner in a safe and permanent home and to complete whatever 
27.16 	steps are necessary to legally finalize the permanent placement of the child.
27.17 	(k) Reasonable efforts to place a child for adoption or in another permanent 
27.18 	placement may be made concurrently with reasonable efforts to prevent placement or to 
27.19 	reunify the child with the parent or guardian from whom the child was removed. When 
27.20 	the responsible social services agency decides to concurrently make reasonable efforts for 
27.21 	both reunification and permanent placement away from the parent under paragraph (a), the 
27.22 	agency shall disclose its decision and both plans for concurrent reasonable efforts to all 
27.23 	parties and the court. When the agency discloses its decision to proceed on both plans for 
27.24 	reunification and permanent placement away from the parent, the court's review of the 
27.25 	agency's reasonable efforts shall include the agency's efforts under both plans.

27.26 	Sec. 2. Minnesota Statutes 2010, section 260C.001, is amended to read:
27.27 	260C.001 TITLE, INTENT, AND CONSTRUCTION.
27.28 		Subdivision 1.Citation; scope. (a) Sections 260C.001 to 260C.451 260C.635 may 
27.29 	be cited as the child juvenile protection provisions of the Juvenile Court Act. 
27.30 	(b) Juvenile protection proceedings include:
27.31 	(1) a child in need of protection or services matters;
27.32 	(2) permanency matters, including termination of parental rights;
27.33 	(3) postpermanency reviews under sections 260C.521 and 260C.607; and
27.34 	(4) adoption matters including posttermination of parental rights proceedings that 
27.35 	review the responsible social services agency's reasonable efforts to finalize adoption.
28.1 		Subd. 2.Child in need of Juvenile protection services proceedings. (a) The 
28.2 	paramount consideration in all juvenile protection proceedings concerning a child alleged 
28.3 	or found to be in need of protection or services is the health, safety, and best interests 
28.4 	of the child. In proceedings involving an American Indian child, as defined in section 
28.5 	260.755, subdivision 8, the best interests of the child must be determined consistent with 
28.6 	sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title 
28.7 	25, sections 1901 to 1923.
28.8 	(b) The purpose of the laws relating to juvenile courts protection proceedings is:
28.9 	(1) to secure for each child alleged or adjudicated in need of protection or services 
28.10 	and under the jurisdiction of the court, the care and guidance, preferably in the child's own 
28.11 	home, as will best serve the spiritual, emotional, mental, and physical welfare of the child;
28.12 	(2) to provide judicial procedures which that protect the welfare of the child;
28.13 	(3) to preserve and strengthen the child's family ties whenever possible and in the 
28.14 	child's best interests, removing the child from the custody of parents only when the child's 
28.15 	welfare or safety cannot be adequately safeguarded without removal;
28.16 	(4) to ensure that when removal from the child's own family is necessary and in the 
28.17 	child's best interests, the responsible social services agency has legal responsibility for 
28.18 	the child removal either:
28.19 	(i) pursuant to a voluntary placement agreement between the child's parent or 
28.20 	guardian or the child, when the child is over age 18, and the responsible social services 
28.21 	agency; or
28.22 	(ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or
28.23 	260C.178; 260C.201; 260C.325; or 260C.515;
28.24 	(5) to ensure that, when placement is pursuant to court order, the court order 
28.25 	removing the child or continuing the child in foster care contains an individualized 
28.26 	determination that placement is in the best interests of the child that coincides with the 
28.27 	actual removal of the child; and
28.28 	(6) to ensure that when the child is removed, the child's care and discipline is, as 
28.29 	nearly as possible, equivalent to that which should have been given by the parents and is 
28.30 	either in:
28.31 	(i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, 
28.32 	subdivision 1, paragraph (a), clause (1);
28.33 	(ii) the home of a relative pursuant to emergency placement by the responsible social 
28.34 	services agency under chapter 245A; or
28.35 	(iii) a foster homecare licensed under chapter 245A.; and
28.36 	(7) to ensure appropriate permanency planning for children in foster care including:
29.1 	(i) unless reunification is not required under section 260.012, developing a 
29.2 	permanency plan for the child that includes a primary plan for reunification with the 
29.3 	child's parent or guardian and a secondary plan for an alternative, legally permanent home 
29.4 	for the child in the event reunification cannot be achieved in a timely manner;
29.5 	(ii) identifying, locating, and assessing both parents of the child as soon as possible 
29.6 	and offering reunification services to both parents of the child as required under section 
29.7 	260.012 and 260C.219;
29.8 	(iii) identifying, locating, and notifying relatives of both parents of the child 
29.9 	according to section 260.221;
29.10 	(iv) making a placement with a family that will commit to being the legally 
29.11 	permanent home for the child in the event reunification cannot occur at the earliest 
29.12 	possible time while at the same time actively supporting the reunification plan; and
29.13 	(v) returning the child home with supports and services, as soon as return is safe 
29.14 	for the child, or when safe return cannot be timely achieved, moving to finalize another 
29.15 	legally permanent home for the child.
29.16 		Subd. 3.Permanency and, termination of parental rights, and adoption. The 
29.17 	purpose of the laws relating to permanency and, termination of parental rights, and 
29.18 	adoption of a child who comes under the guardianship of the commissioner of human 
29.19 	services is to ensure that:
29.20 	(1) when required and appropriate, reasonable efforts have been made by the social 
29.21 	services agency to reunite the child with the child's parents in a home that is safe and 
29.22 	permanent; and
29.23 	(2) if placement with the parents is not reasonably foreseeable, to secure for the 
29.24 	child a safe and permanent placement, preferably with adoptive parents or, if that is not 
29.25 	possible or in the best interests of the child, a fit and willing relative through transfer of 
29.26 	permanent legal and physical custody to that relative; and
29.27 	(3) when a child is under the guardianship of the commissioner of human services, 
29.28 	reasonable efforts are made to finalize an adoptive home for the child in a timely manner.
29.29 	Nothing in this section requires reasonable efforts to prevent placement or to reunify 
29.30 	the child with the parent or guardian to be made in circumstances where the court has 
29.31 	determined that the child has been subjected to egregious harm, when the child is an 
29.32 	abandoned infant, the parent has involuntarily lost custody of another child through a 
29.33 	proceeding under section 260C.201, subdivision 11 260C.515, subdivision 4, or similar 
29.34 	law of another state, the parental rights of the parent to a sibling have been involuntarily 
29.35 	terminated, or the court has determined that reasonable efforts or further reasonable efforts 
29.36 	to reunify the child with the parent or guardian would be futile.
30.1 	The paramount consideration in all proceedings for permanent placement of the 
30.2 	child under section 260C.201, subdivision 11 sections 260C.503 to 260C.521, or the 
30.3 	termination of parental rights is the best interests of the child. In proceedings involving an 
30.4 	American Indian child, as defined in section 260.755, subdivision 8, the best interests of 
30.5 	the child must be determined consistent with the Indian Child Welfare Act of 1978, United 
30.6 	States Code, title 25, section 1901, et seq.
30.7 		Subd. 4.Construction. The laws relating to the child protection provisions of 
30.8 	the juvenile courts protection proceedings shall be liberally construed to carry out these 
30.9 	purposes.

30.10 	Sec. 3. Minnesota Statutes 2010, section 260C.007, subdivision 4, is amended to read:
30.11 		Subd. 4.Child. "Child" means an individual under 18 years of age. For purposes of 
30.12 	this chapter and chapter 260D, child also includes individuals under age 21 who are in 
30.13 	foster care pursuant to section 260C.451.

30.14 	Sec. 4. Minnesota Statutes 2010, section 260C.007, is amended by adding a 
30.15 	subdivision to read:
30.16 		Subd. 26a.Putative father. "Putative father" has the meaning given in section 
30.17 	259.21, subdivision 12.

30.18 	Sec. 5. Minnesota Statutes 2010, section 260C.007, is amended by adding a 
30.19 	subdivision to read:
30.20 		Subd. 27a.Responsible social services agency. "Responsible social services 
30.21 	agency" means the county social services agency that has responsibility for public child 
30.22 	welfare and child protection services and includes the provision of adoption services as an 
30.23 	agent of the commissioner of human services.

30.24 	Sec. 6. Minnesota Statutes 2010, section 260C.007, is amended by adding a 
30.25 	subdivision to read:
30.26 		Subd. 31.Sibling. "Sibling" means one of two or more individuals who have one or 
30.27 	both parents in common through blood, marriage, or adoption.

30.28 	Sec. 7. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to read:
30.29 		Subd. 2.Other matters relating to children. Except as provided in clause (4), The 
30.30 	juvenile court has original and exclusive jurisdiction in proceedings concerning:
31.1 	(1) the termination of parental rights to a child in accordance with the provisions of 
31.2 	sections 260C.301 to 260C.328;
31.3 	(2) permanency matters under sections 260C.503 to 260C.521;
31.4 	(3) the appointment and removal of a juvenile court guardian for a child, where 
31.5 	parental rights have been terminated under the provisions of sections 260C.301 to 
31.6 	260C.328;
31.7 	(3) (4) judicial consent to the marriage of a child when required by law;
31.8 	(4) the juvenile court in those counties in which the judge of the probate-juvenile 
31.9 	court has been admitted to the practice of law in this state shall proceed under the laws 
31.10 	relating to adoptions in all adoption matters. In those counties in which the judge of the 
31.11 	probate-juvenile court has not been admitted to the practice of law in this state the district 
31.12 	court shall proceed under the laws relating to adoptions in
31.13 	(5) all adoption matters and review of the efforts to finalize the adoption of the child 
31.14 	under section 260C.607;
31.15 	(5) (6) the review of the placement of a child who is in foster care pursuant to a 
31.16 	voluntary placement agreement between the child's parent or parents and the responsible 
31.17 	social services agency under section 260C.212, subdivision 8 260C.227; or between the 
31.18 	child, when the child is over age 18, and the agency under section 260C.229; and
31.19 	(6) (7) the review of voluntary foster care placement of a child for treatment under 
31.20 	chapter 260D according to the review requirements of that chapter.

31.21 	Sec. 8. Minnesota Statutes 2010, section 260C.150, subdivision 1, is amended to read:
31.22 		Subdivision 1.Determining parentage. (a) A parent and child relationship may 
31.23 	be established under this chapter according to the requirements of section 257.54 and
31.24 	 by motion, which shall be personally served upon the alleged parent and served upon the 
31.25 	other parties and participants as provided for service of motions in the Minnesota Rules 
31.26 	of Juvenile Protection Procedure. The motion shall be brought in an existing juvenile 
31.27 	protection proceeding and may be brought by any party, a putative father, or the county 
31.28 	attorney representing the responsible social services agency. Notwithstanding any other 
31.29 	provisions of law, a motion to establish parentage under this section, and any related 
31.30 	documents or orders, are not confidential and are accessible to the public according to the 
31.31 	provisions of the Minnesota Rules of Juvenile Protection Procedure. Any hearings related 
31.32 	to establishment of paternity under this section are accessible to the public according to 
31.33 	the Minnesota Rules of Juvenile Protection Procedure.
31.34 	(b) The court may order genetic testing of any putative father or any man presumed 
31.35 	to be father of a child who is the subject of a juvenile protection matter when paternity of 
32.1 	the child has not already been established or of a father who has executed a recognition 
32.2 	of parentage under section 257.75 when the recognition has the force and effect of a 
32.3 	judgment or order determining the existence of the parent and child relationship under 
32.4 	section 257.66, but no such judgment or order has been entered by a court. A positive 
32.5 	genetic test is required to establish paternity for a child under this chapter.

32.6 	Sec. 9. Minnesota Statutes 2010, section 260C.151, is amended by adding a 
32.7 	subdivision to read:
32.8 		Subd. 7.Adoption when child is under guardianship of commissioner of human 
32.9 	services. When a petition for the adoption of a child under the guardianship of the 
32.10 	commissioner of human services is filed, the court administrator shall set a time and date 
32.11 	for a hearing on the petition as required in the Minnesota Rules of Adoption Procedure and 
32.12 	issue a notice of hearing to any persons entitled to notice of the proceeding under section 
32.13 	260C.627. The notice shall have a copy of the petition attached.

32.14 	Sec. 10. Minnesota Statutes 2010, section 260C.152, subdivision 5, is amended to read:
32.15 		Subd. 5.Notice to foster parents and preadoptive parents and relatives. (a) For 
32.16 	juvenile protection matters, except adoption,  the foster parents, if any, of a child and 
32.17 	any preadoptive parent or relative providing care for the child must be provided notice 
32.18 	of and a right to be heard in any review or hearing to be held with respect to the child. 
32.19 	Any other relative may also request, and must be granted, a notice and the opportunity 
32.20 	to be heard under this section. This subdivision does not require that a foster parent, 
32.21 	preadoptive parent, or relative providing care for the child be made a party to a review or 
32.22 	hearing solely on the basis of the notice and right to be heard.
32.23 	(b) Notice of adoption proceedings for a child under the guardianship of the 
32.24 	commissioner of human services is governed by the Minnesota Rules of Adoption 
32.25 	Procedure and shall be provided to those entitled to notice under section 260C.627.

32.26 	Sec. 11. Minnesota Statutes 2010, section 260C.157, subdivision 1, is amended to read:
32.27 		Subdivision 1.Investigation. Upon request of the court the responsible social 
32.28 	services agency or probation officer shall investigate the personal and family history 
32.29 	and environment of any minor coming within the jurisdiction of the court under section 
32.30 	260C.101 and shall report its findings to the court. The court may order any minor coming 
32.31 	within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or 
32.32 	psychologist appointed by the court. 
33.1 	Adoption investigations shall be conducted in accordance with the laws relating 
33.2 	to adoptions in sections 260C.600 to 260C.635 and chapter 259. Any funds received 
33.3 	under the provisions of this subdivision shall not cancel until the end of the fiscal year 
33.4 	immediately following the fiscal year in which the funds were received. The funds are 
33.5 	available for use by the commissioner of corrections during that period and are hereby 
33.6 	appropriated annually to the commissioner of corrections as reimbursement of the costs of 
33.7 	providing these services to the juvenile courts.

33.8 	Sec. 12. Minnesota Statutes 2010, section 260C.157, subdivision 3, is amended to read:
33.9 		Subd. 3.Juvenile treatment screening team. (a) The responsible social services 
33.10 	agency shall establish a juvenile treatment screening team to conduct screenings and 
33.11 	prepare case plans under this subdivision section 245.487, subdivision 3, and chapters 
33.12 	260C and 260D. Screenings shall be conducted within 15 days of a request for a screening. 
33.13 	The team, which may be the team constituted under section 245.4885 or 256B.092 or 
33.14 	Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile 
33.15 	justice professionals, and persons with expertise in the treatment of juveniles who are 
33.16 	emotionally disabled, chemically dependent, or have a developmental disability. The team 
33.17 	shall involve parents or guardians in the screening process as appropriate, and the child's 
33.18 	parent, guardian, or permanent legal custodian under section 260C.201, subdivision 11. 
33.19 	The team may be the same team as defined in section 260B.157, subdivision 3.
33.20 	(b) The social services agency shall determine whether a child brought to its 
33.21 	attention for the purposes described in this section is an Indian child, as defined in section 
33.22 	260C.007, subdivision 21, and shall determine the identity of the Indian child's tribe, as 
33.23 	defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child, 
33.24 	the team provided in paragraph (a) shall include a designated representative of the Indian 
33.25 	child's tribe, unless the child's tribal authority declines to appoint a representative. The 
33.26 	Indian child's tribe may delegate its authority to represent the child to any other federally 
33.27 	recognized Indian tribe, as defined in section 260.755, subdivision 12.
33.28 	(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
33.29 	(1) for the primary purpose of treatment for an emotional disturbance, a 
33.30 	developmental disability, or chemical dependency in a residential treatment facility out 
33.31 	of state or in one which is within the state and licensed by the commissioner of human 
33.32 	services under chapter 245A; or
33.33 	(2) in any out-of-home setting potentially exceeding 30 days in duration, including a 
33.34 	postdispositional placement in a facility licensed by the commissioner of corrections or 
33.35 	human services, the court shall ascertain whether the child is an Indian child and shall 
34.1 	notify the county welfare agency and, if the child is an Indian child, shall notify the Indian 
34.2 	child's tribe. The county's juvenile treatment screening team must either: (i) screen and 
34.3 	evaluate the child and file its recommendations with the court within 14 days of receipt 
34.4 	of the notice; or (ii) elect not to screen a given case and notify the court of that decision 
34.5 	within three working days.
34.6 	(d) If the screening team has elected to screen and evaluate the child, The child 
34.7 	may not be placed for the primary purpose of treatment for an emotional disturbance, a 
34.8 	developmental disability, or chemical dependency, in a residential treatment facility out of 
34.9 	state nor in a residential treatment facility within the state that is licensed under chapter 
34.10 	245A, unless one of the following conditions applies:
34.11 	(1) a treatment professional certifies that an emergency requires the placement 
34.12 	of the child in a facility within the state;
34.13 	(2) the screening team has evaluated the child and recommended that a residential 
34.14 	placement is necessary to meet the child's treatment needs and the safety needs of the 
34.15 	community, that it is a cost-effective means of meeting the treatment needs, and that it 
34.16 	will be of therapeutic value to the child; or
34.17 	(3) the court, having reviewed a screening team recommendation against placement, 
34.18 	determines to the contrary that a residential placement is necessary. The court shall state 
34.19 	the reasons for its determination in writing, on the record, and shall respond specifically 
34.20 	to the findings and recommendation of the screening team in explaining why the 
34.21 	recommendation was rejected. The attorney representing the child and the prosecuting 
34.22 	attorney shall be afforded an opportunity to be heard on the matter.
34.23 	(e) When the county's juvenile treatment screening team has elected to screen and 
34.24 	evaluate a child determined to be an Indian child, the team shall provide notice to the 
34.25 	tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a 
34.26 	member of the tribe or as a person eligible for membership in the tribe, and permit the 
34.27 	tribe's representative to participate in the screening team.
34.28 	(f) When the Indian child's tribe or tribal health care services provider or Indian 
34.29 	Health Services provider proposes to place a child for the primary purpose of treatment 
34.30 	for an emotional disturbance, a developmental disability, or co-occurring emotional 
34.31 	disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by 
34.32 	the child's tribe shall submit necessary documentation to the county juvenile treatment 
34.33 	screening team, which must invite the Indian child's tribe to designate a representative to 
34.34 	the screening team.

34.35 	EFFECTIVE DATE. This section is effective August 1, 2011.

35.1 	Sec. 13. Minnesota Statutes 2010, section 260C.163, subdivision 1, is amended to read:
35.2 		Subdivision 1.General. (a) Except for hearings arising under section 260C.425, 
35.3 	hearings on any matter shall be without a jury and may be conducted in an informal 
35.4 	manner. In all adjudicatory proceedings involving a child alleged to be in need of 
35.5 	protection or services regarding juvenile protection matters under this chapter, the court 
35.6 	shall admit only evidence that would be admissible in a civil trial. To be proved at trial, 
35.7 	allegations of a petition alleging a child to be in need of protection or services must be 
35.8 	proved by clear and convincing evidence.
35.9 	(b) Except for proceedings involving a child alleged to be in need of protection or 
35.10 	services and petitions for the termination of parental rights, hearings may be continued or 
35.11 	adjourned from time to time. In proceedings involving a child alleged to be in need of 
35.12 	protection or services and petitions for the termination of parental rights, hearings may not 
35.13 	be continued or adjourned for more than one week unless the court makes specific findings 
35.14 	that the continuance or adjournment is in the best interests of the child. If a hearing is held 
35.15 	on a petition involving physical or sexual abuse of a child who is alleged to be in need of 
35.16 	protection or services or neglected and in foster care, the court shall file the decision with 
35.17 	the court administrator as soon as possible but no later than 15 days after the matter is 
35.18 	submitted to the court. When a continuance or adjournment is ordered in any proceeding, 
35.19 	the court may make any interim orders as it deems in the best interests of the minor in 
35.20 	accordance with the provisions of sections 260C.001 to 260C.421 this chapter.
35.21 	(c) Absent exceptional circumstances, hearings under this chapter, except hearings 
35.22 	in adoption proceedings, are presumed to be accessible to the public, however the court 
35.23 	may close any hearing and the records related to any matter as provided in the Minnesota 
35.24 	Rules of Juvenile Protection Procedure.
35.25 	(d) Adoption hearings shall be conducted in accordance with the provisions of laws 
35.26 	relating to adoptions are closed to the public and all records related to an adoption are 
35.27 	inaccessible except as provided in the Minnesota Rules of Adoption Procedure.
35.28 	(e) In any permanency hearing, including the transition of a child from foster care 
35.29 	to independent living, the court shall ensure that its consult with the child during the 
35.30 	hearing is in an age-appropriate manner.

35.31 	Sec. 14. Minnesota Statutes 2010, section 260C.163, is amended by adding a 
35.32 	subdivision to read:
35.33 		Subd. 2a.Participation in adoption proceedings. Those with the right to notice 
35.34 	of adoption proceedings under section 260C.627, shall have the right to participate in 
35.35 	adoption proceedings under this chapter.

36.1 	Sec. 15. Minnesota Statutes 2010, section 260C.163, subdivision 4, is amended to read:
36.2 		Subd. 4.County attorney. Except in adoption proceedings, the county attorney 
36.3 	shall present the evidence upon request of the court. In representing the responsible social 
36.4 	services agency, the county attorney shall also have the responsibility for advancing the 
36.5 	public interest in the welfare of the child.

36.6 	Sec. 16. Minnesota Statutes 2010, section 260C.163, subdivision 8, is amended to read:
36.7 		Subd. 8.Rights of parties at hearing. (a) Except in adoption proceedings or review 
36.8 	hearings after termination of parental rights, the minor child and the minor's child's parent, 
36.9 	guardian, or custodian are entitled to be heard, to present evidence material to the case, 
36.10 	and to cross-examine witnesses appearing at the hearing.
36.11 	(b) A child who is under the guardianship of the commissioner of human services 
36.12 	has the right to be consulted in an age-appropriate manner regarding the adoption plan for 
36.13 	the child. A child age 16 or over must consent to the adoption as required under section 
36.14 	260C.629, subdivision 1, paragraph (b).

36.15 	Sec. 17. Minnesota Statutes 2010, section 260C.171, subdivision 2, is amended to read:
36.16 		Subd. 2.Public inspection of records. (a) The records from proceedings or 
36.17 	portions of proceedings involving a child in need of protection or services, permanency, or 
36.18 	termination of parental rights are accessible to the public as authorized by the Minnesota 
36.19 	Rules of Juvenile Protection Procedure.
36.20 	(b) None of the records relating to an appeal from a nonpublic juvenile court 
36.21 	proceeding, except the written appellate opinion, shall be open to public inspection or their 
36.22 	contents disclosed except by order of a court.
36.23 	(c) The records of juvenile probation officers are records of the court for the 
36.24 	purposes of this subdivision. This subdivision applies to all proceedings under this 
36.25 	chapter, including appeals from orders of the juvenile court. 
36.26 	(d) The court shall maintain the confidentiality of adoption files and, records 
36.27 	in accordance with the provisions of laws relating to adoptions, and hearings. 
36.28 	Notwithstanding that adoption records are confidential, the court's records regarding the 
36.29 	permanency proceeding for the child may reflect the adopted status of a child who had 
36.30 	been under the guardianship of the commissioner of human services. 
36.31 	(e) In juvenile court proceedings any report or social history furnished to the 
36.32 	court shall be open to inspection by the attorneys of record and the guardian ad litem a 
36.33 	reasonable time before it is used in connection with any proceeding before the court.

37.1 	Sec. 18. Minnesota Statutes 2010, section 260C.171, subdivision 3, is amended to read:
37.2 		Subd. 3.Attorney access to records. An attorney representing a child, parent, 
37.3 	or guardian ad litem in a proceeding under this chapter shall be given access to 
37.4 	records, responsible social services agency files, and reports which form the basis of 
37.5 	any recommendation made to the court. An attorney does not have access under this 
37.6 	subdivision to the identity of a person who made a report under section 626.556 or to 
37.7 	any confidential data under section 259.41. The court may issue protective orders to 
37.8 	prohibit an attorney from sharing a specified record or portion of a record with a client 
37.9 	other than a guardian ad litem. 

37.10 	Sec. 19. Minnesota Statutes 2010, section 260C.171, is amended by adding a 
37.11 	subdivision to read:
37.12 		Subd. 7.Records; children under guardianship of commissioner. Records 
37.13 	relating to the adoption of a child who had been under the guardianship of the 
37.14 	commissioner of human services shall be confidential except as ordered released by the 
37.15 	court pursuant to section 259.89.

37.16 	Sec. 20. Minnesota Statutes 2010, section 260C.178, subdivision 1, is amended to read:
37.17 		Subdivision 1.Hearing and release requirements. (a) If a child was taken into 
37.18 	custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall 
37.19 	hold a hearing within 72 hours of the time the child was taken into custody, excluding 
37.20 	Saturdays, Sundays, and holidays, to determine whether the child should continue in 
37.21 	custody.
37.22 	(b) Unless there is reason to believe that the child would endanger self or others or 
37.23 	not return for a court hearing, or that the child's health or welfare would be immediately 
37.24 	endangered, the child shall be released to the custody of a parent, guardian, custodian, 
37.25 	or other suitable person, subject to reasonable conditions of release including, but not 
37.26 	limited to, a requirement that the child undergo a chemical use assessment as provided in 
37.27 	section 260C.157, subdivision 1.
37.28 	(c) If the court determines there is reason to believe that the child would endanger 
37.29 	self or others or not return for a court hearing, or that the child's health or welfare would 
37.30 	be immediately endangered if returned to the care of the parent or guardian who has 
37.31 	custody and from whom the child was removed, the court shall order the child into 
37.32 	foster care under the legal responsibility of the responsible social services agency or 
37.33 	responsible probation or corrections agency for the purposes of protective care as that term 
37.34 	is used in the juvenile court rules or into the home of a noncustodial parent and order the 
38.1 	noncustodial parent to comply with any conditions the court determines to be appropriate 
38.2 	to the safety and care of the child, including cooperating with paternity establishment 
38.3 	proceedings in the case of a man who has not been adjudicated the child's father. The 
38.4 	court shall not give the responsible social services legal custody and order a trial home 
38.5 	visit at any time prior to adjudication and disposition under section 260C.201, subdivision 
38.6 	1, paragraph (a), clause (3), but may order the child returned to the care of the parent or 
38.7 	guardian who has custody and from whom the child was removed and order the parent or 
38.8 	guardian to comply with any conditions the court determines to be appropriate to meet 
38.9 	the safety, health, and welfare of the child.
38.10 	(d) In determining whether the child's health or welfare would be immediately 
38.11 	endangered, the court shall consider whether the child would reside with a perpetrator 
38.12 	of domestic child abuse.
38.13 	(e) The court, before determining whether a child should be placed in or continue 
38.14 	in foster care under the protective care of the responsible agency, shall also make a 
38.15 	determination, consistent with section 260.012 as to whether reasonable efforts were made 
38.16 	to prevent placement or whether reasonable efforts to prevent placement are not required. 
38.17 	In the case of an Indian child, the court shall determine whether active efforts, according 
38.18 	to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), 
38.19 	were made to prevent placement. The court shall enter a finding that the responsible 
38.20 	social services agency has made reasonable efforts to prevent placement when the agency 
38.21 	establishes either:
38.22 	(1) that it has actually provided services or made efforts in an attempt to prevent 
38.23 	the child's removal but that such services or efforts have not proven sufficient to permit 
38.24 	the child to safely remain in the home; or
38.25 	(2) that there are no services or other efforts that could be made at the time of the 
38.26 	hearing that could safely permit the child to remain home or to return home. When 
38.27 	reasonable efforts to prevent placement are required and there are services or other efforts 
38.28 	that could be ordered which would permit the child to safely return home, the court shall 
38.29 	order the child returned to the care of the parent or guardian and the services or efforts put 
38.30 	in place to ensure the child's safety. When the court makes a prima facie determination 
38.31 	that one of the circumstances under paragraph (g) exists, the court shall determine that 
38.32 	reasonable efforts to prevent placement and to return the child to the care of the parent or 
38.33 	guardian are not required.
38.34 	If the court finds the social services agency's preventive or reunification efforts 
38.35 	have not been reasonable but further preventive or reunification efforts could not permit 
39.1 	the child to safely remain at home, the court may nevertheless authorize or continue 
39.2 	the removal of the child.
39.3 	(f) The court may not order or continue the foster care placement of the child unless 
39.4 	the court makes explicit, individualized findings that continued custody of the child by 
39.5 	the parent or guardian would be contrary to the welfare of the child and that placement is 
39.6 	in the best interest of the child.
39.7 	(g) At the emergency removal hearing, or at any time during the course of the 
39.8 	proceeding, and upon notice and request of the county attorney, the court shall determine 
39.9 	whether a petition has been filed stating a prima facie case that:
39.10 	(1) the parent has subjected a child to egregious harm as defined in section 
39.11 	260C.007, subdivision 14;
39.12 	(2) the parental rights of the parent to another child have been involuntarily 
39.13 	terminated;
39.14 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, 
39.15 	paragraph (a), clause (2);
39.16 	(4) the parents' custodial rights to another child have been involuntarily transferred 
39.17 	to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph 
39.18 	(e), clause (1); section 260C.515, subdivision 4, or a similar law of another jurisdiction; or
39.19 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 
39.20 	2, against the child or another child of the parent;
39.21 	(6) the parent has committed an offense that requires registration as a predatory 
39.22 	offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
39.23 	(7) the provision of services or further services for the purpose of reunification is 
39.24 	futile and therefore unreasonable.
39.25 	(h) When a petition to terminate parental rights is required under section 260C.301, 
39.26 	subdivision 3 or 4, but the county attorney has determined not to proceed with a 
39.27 	termination of parental rights petition, and has instead filed a petition to transfer permanent 
39.28 	legal and physical custody to a relative under section 260C.201, subdivision 11 260C.507, 
39.29 	subdivision 4, the court shall schedule a permanency hearing within 30 days of the filing 
39.30 	of the petition.
39.31 	(i) If the county attorney has filed a petition under section 260C.307, the court shall 
39.32 	schedule a trial under section 260C.163 within 90 days of the filing of the petition except 
39.33 	when the county attorney determines that the criminal case shall proceed to trial first under 
39.34 	section 260C.201, subdivision 3 260C.503, subdivision 2, paragraph (c).
39.35 	(j) If the court determines the child should be ordered into foster care and the child's 
39.36 	parent refuses to give information to the responsible social services agency regarding the 
40.1 	child's father or relatives of the child, the court may order the parent to disclose the names, 
40.2 	addresses, telephone numbers, and other identifying information to the responsible social 
40.3 	services agency for the purpose of complying with the requirements of sections 260C.151, 
40.4 	260C.212, and 260C.215.
40.5 	(k) If a child ordered into foster care has siblings, whether full, half, or step, who 
40.6 	are also ordered into foster care, the court shall inquire of the responsible social services 
40.7 	agency of the efforts to place the children together as required by section 260C.212, 
40.8 	subdivision 2, paragraph (d), if placement together is in each child's best interests, unless 
40.9 	a child is in placement for treatment or a child is placed with a previously noncustodial 
40.10 	parent who is not a parent to all siblings. If the children are not placed together at the time 
40.11 	of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable 
40.12 	efforts to place the siblings together, as required under section 260.012. If any sibling is 
40.13 	not placed with another sibling or siblings, the agency must develop a plan to facilitate 
40.14 	visitation or ongoing contact among the siblings as required under section 260C.212, 
40.15 	subdivision 1, unless it is contrary to the safety or well-being of any of the siblings to do so.
40.16 	(l) When the court has ordered the child into foster care or into the home of a 
40.17 	noncustodial parent, the court may order a chemical dependency evaluation, mental health 
40.18 	evaluation, medical examination, and parenting assessment for the parent as necessary 
40.19 	to support the development of a plan for reunification required under subdivision 7 and 
40.20 	section 260C.212, subdivision 1, or the child protective services plan under section 
40.21 	626.556, subdivision 10, and Minnesota Rules, part 9560.0228.

40.22 	Sec. 21. Minnesota Statutes 2010, section 260C.178, subdivision 7, is amended to read:
40.23 		Subd. 7.Out-of-home placement plan. (a) An out-of-home placement plan 
40.24 	required under section 260C.212 shall be filed with the court within 30 days of the filing 
40.25 	of a juvenile protection petition alleging the child to be in need of protection or services
40.26 	under section 260C.141, subdivision 1, when the court orders emergency removal of the 
40.27 	child under this section, or filed with the petition if the petition is a review of a voluntary 
40.28 	placement under section 260C.141, subdivision 2.
40.29 	(b) Upon the filing of the out-of-home placement plan which has been developed 
40.30 	jointly with the parent and in consultation with others as required under section 260C.212, 
40.31 	subdivision 1, the court may approve implementation of the plan by the responsible social 
40.32 	services agency based on the allegations contained in the petition and any evaluations, 
40.33 	examinations, or assessments conducted under subdivision 1, paragraph (l). The court 
40.34 	shall send written notice of the approval of the out-of-home placement plan to all parties 
41.1 	and the county attorney or may state such approval on the record at a hearing. A parent 
41.2 	may agree to comply with the terms of the plan filed with the court.
41.3 	(c) The responsible social services agency shall make reasonable attempts efforts
41.4 	to engage a parent both parents of the child in case planning. If the parent refuses to 
41.5 	cooperate in the development of the out-of-home placement plan or disagrees with the 
41.6 	services recommended by The responsible social service agency, the agency shall note 
41.7 	such refusal or disagreement for the court report the results of its efforts to engage the 
41.8 	child's parents in the out-of-home placement plan filed with the court. The agency shall 
41.9 	notify the court of the services it will provide or efforts it will attempt under the plan 
41.10 	notwithstanding the parent's refusal to cooperate or disagreement with the services. The 
41.11 	parent may ask the court to modify the plan to require different or additional services 
41.12 	requested by the parent, but which the agency refused to provide. The court may approve 
41.13 	the plan as presented by the agency or may modify the plan to require services requested 
41.14 	by the parent. The court's approval shall be based on the content of the petition.
41.15 	(d) Unless the parent agrees to comply with the terms of the out-of-home placement 
41.16 	plan, the court may not order a parent to comply with the provisions of the plan until the 
41.17 	court finds the child is in need of protection or services and orders disposition under 
41.18 	section 260C.201, subdivision 1. However, the court may find that the responsible social 
41.19 	services agency has made reasonable efforts for reunification if the agency makes efforts 
41.20 	to implement the terms of an out-of-home placement plan approved under this section.

41.21 	Sec. 22. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:
41.22 		Subd. 3.Best interest of the child in foster care or residential care. (a) The 
41.23 	policy of the state is to ensure that the best interests of children in foster or residential
41.24 	care, who experience transfer of permanent legal and physical custody to a relative under 
41.25 	section 260C.515, subdivision 4, or adoption under section 260C.631 are met by requiring 
41.26 	individualized determinations under section 260C.212, subdivision 2, paragraph (b), of 
41.27 	the needs of the child and of how the selected placement home will serve the needs of the 
41.28 	child in foster care placements. 
41.29 	(b) No later than three months after a child is ordered removed from the care of a 
41.30 	parent in the hearing required under section 260C.202, the court shall review and enter 
41.31 	findings regarding whether the responsible social services agency made:
41.32 	(1) diligent efforts to identify and search for relatives as required under section 
41.33 	260C.212, subdivision 5, 260C.221; and made
41.34 	(2) an individualized determination as required under section 260C.212, subdivision 
41.35 	2, to select a home that meets the needs of the child. 
42.1 	(c) If the court finds the agency has not made efforts as required under section 
42.2 	260C.212, subdivision 5 260C.221, and there is a relative who qualifies to be licensed 
42.3 	to provide family foster care under chapter 245A, the court may order the child placed 
42.4 	with the relative consistent with the child's best interests. 
42.5 	(c) (d) If the child's birth parent or parents explicitly request that a relative or 
42.6 	important friend not be considered, the court shall honor that request if it is consistent with 
42.7 	the best interests of the child. If the child's birth parent or parents express a preference 
42.8 	for placing the child in a foster or adoptive home of the same or a similar religious 
42.9 	background to that of the birth parent or parents, the court shall order placement of the 
42.10 	child with an individual who meets the birth parent's religious preference.
42.11 	(d) (e) Placement of a child cannot be delayed or denied based on race, color, or 
42.12 	national origin of the foster parent or the child.
42.13 	(e) (f) Whenever possible, siblings should be placed together unless it is determined 
42.14 	not to be in the best interests of a sibling. If siblings are not placed together at the time 
42.15 	of the initial removal according to section 260C.212, subdivision 2, paragraph (d), the 
42.16 	responsible social services agency shall report to the court the efforts made to place the 
42.17 	siblings together and why the efforts were not successful. If the court is not satisfied with
42.18 	that the agency's agency has made reasonable efforts to place siblings together, the court 
42.19 	may order the agency to make further reasonable efforts. If siblings are not placed together 
42.20 	the court shall review the responsible social services agency's plan for visitation among 
42.21 	siblings required as part of the out-of-home placement plan under section 260C.212. 
42.22 	(f) (g) This subdivision does not affect the Indian Child Welfare Act, United States 
42.23 	Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 
42.24 	Act, sections 260.751 to 260.835. 

42.25 	Sec. 23. Minnesota Statutes 2010, section 260C.193, subdivision 6, is amended to read:
42.26 		Subd. 6.Jurisdiction to review foster care to age 21, termination of jurisdiction, 
42.27 	jurisdiction to age 18. (a) Jurisdiction over a child in foster care pursuant to section 
42.28 	260C.451may shall continue to age 21 for the purpose of conducting the reviews 
42.29 	required under section 260C.201, subdivision 11, paragraph (d), 260C.212, subdivision 
42.30 	7, or 260C.317, subdivision 3 260C.203, 260C.515, subdivision 5 or 6, or 260C.607, 
42.31 	subdivision 4. Jurisdiction over a child in foster care pursuant to section 260C.451 shall 
42.32 	not be terminated without giving the child notice of any motion or proposed order to 
42.33 	dismiss jurisdiction and an opportunity to be heard on the appropriateness of the dismissal. 
42.34 	When a child in foster care pursuant to section 260C.451 asks to leave foster care or 
42.35 	actually leaves foster care, the court may terminate its jurisdiction.
43.1 	(b) Except when a court order is necessary for a child to be in foster care or when 
43.2 	continued review under (1) section 260C.212, subdivision 7, paragraph (d), or 260C.201, 
43.3 	subdivision 11, paragraph (d), and (2) section 260C.317, subdivision 3, is required for a 
43.4 	child in foster care under section 260C.451, The court may terminate jurisdiction on its 
43.5 	own motion or the motion of any interested party upon a determination that jurisdiction is 
43.6 	no longer necessary to protect the child's best interests except when:
43.7 	(1) a court order is necessary for a child to be in foster care; or
43.8 	(2) continued review under section 260C.203, 260C.515, subdivision 5 or 6, or 
43.9 	260C.607, subdivision 4, is required for a child in foster care under section 260C.451.
43.10 	(c) Unless terminated by the court, and except as otherwise provided in this 
43.11 	subdivision, the jurisdiction of the court shall continue until the child becomes 18 years 
43.12 	of age. The court may continue jurisdiction over an individual and all other parties to 
43.13 	the proceeding to the individual's 19th birthday when continuing jurisdiction is in the 
43.14 	individual's best interest in order to:
43.15 	(1) protect the safety or health of the individual;
43.16 	(2) accomplish additional planning for independent living or for the transition out of 
43.17 	foster care; or
43.18 	(3) support the individual's completion of high school or a high school equivalency 
43.19 	program.

43.20 	Sec. 24. Minnesota Statutes 2010, section 260C.201, subdivision 2, is amended to read:
43.21 		Subd. 2.Written findings. (a) Any order for a disposition authorized under this 
43.22 	section shall contain written findings of fact to support the disposition and case plan 
43.23 	ordered and shall also set forth in writing the following information:
43.24 	(1) why the best interests and safety of the child are served by the disposition and 
43.25 	case plan ordered;
43.26 	(2) what alternative dispositions or services under the case plan were considered by 
43.27 	the court and why such dispositions or services were not appropriate in the instant case;
43.28 	(3) when legal custody of the child is transferred, the appropriateness of the 
43.29 	particular placement made or to be made by the placing agency using the factors in section 
43.30 	260C.212, subdivision 2, paragraph (b);
43.31 	(4) whether reasonable efforts to finalize the permanent plan for the child consistent 
43.32 	with section 260.012 were made including reasonable efforts:
43.33 	(i) to prevent or eliminate the necessity of the child's removal placement and to 
43.34 	reunify the family after removal child with the parent or guardian from whom the child was 
43.35 	removed at the earliest time consistent with the child's safety. The court's findings must 
44.1 	include a brief description of what preventive and reunification efforts were made and 
44.2 	why further efforts could not have prevented or eliminated the necessity of removal or that 
44.3 	reasonable efforts were not required under section 260.012 or 260C.178, subdivision 1; 
44.4 	(ii) to identify and locate any noncustodial or nonresident parent of the child and to 
44.5 	assess such parent's ability to provide day-to-day care of the child, and, where appropriate, 
44.6 	provide services necessary to enable the noncustodial or nonresident parent to safely 
44.7 	provide day-to-day care of the child as required under section 260C.219, unless such 
44.8 	services are not required under section 260.012 or 260C.178, subdivision 1;
44.9 	(iii) to make the diligent search for relatives and provide the notices required under 
44.10 	section 260C.221; a finding made pursuant to a hearing under section 260C.202 that the 
44.11 	agency has made diligent efforts to conduct a relative search fulfills the requirement of 
44.12 	this item;
44.13 	(iv) to identify and make a foster care placement in the home of a licensed relative or 
44.14 	other licensed foster care provider who will commit to being the permanent legal parent 
44.15 	or custodian for the child in the event reunification cannot occur, but who will actively 
44.16 	support the reunification plan for the child;
44.17 	(v) to place siblings together in the same home or to ensure visitation is occurring 
44.18 	when siblings are separated in foster care placement and visitation is in the siblings' best 
44.19 	interests under section 260C.212, subdivision 2, paragraph (d); and
44.20 	(5) if the child has been adjudicated as a child in need of protection or services 
44.21 	because the child is in need of special services or care to treat or ameliorate a mental 
44.22 	disability or emotional disturbance as defined in section 245.4871, subdivision 15, the 
44.23 	written findings shall also set forth:
44.24 	(i) whether the child has mental health needs that must be addressed by the case plan;
44.25 	(ii) what consideration was given to the diagnostic and functional assessments 
44.26 	performed by the child's mental health professional and to health and mental health care 
44.27 	professionals' treatment recommendations;
44.28 	(iii) what consideration was given to the requests or preferences of the child's parent 
44.29 	or guardian with regard to the child's interventions, services, or treatment; and
44.30 	(iv) what consideration was given to the cultural appropriateness of the child's 
44.31 	treatment or services.
44.32 	(b) If the court finds that the social services agency's preventive or reunification 
44.33 	efforts have not been reasonable but that further preventive or reunification efforts could 
44.34 	not permit the child to safely remain at home, the court may nevertheless authorize or 
44.35 	continue the removal of the child.
45.1 	(c) If the child has been identified by the responsible social services agency as the 
45.2 	subject of concurrent permanency planning, the court shall review the reasonable efforts 
45.3 	of the agency to recruit, identify, and make a placement in a home where the foster parent 
45.4 	or relative that has committed to being the legally permanent home for the child in the 
45.5 	event reunification efforts are not successful develop a permanency plan for the child that 
45.6 	includes a primary plan which is for reunification with the child's parent or guardian and a 
45.7 	secondary plan which is for an alternative, legally permanent home for the child in the 
45.8 	event reunification cannot be achieved in a timely manner.

45.9 	Sec. 25. Minnesota Statutes 2010, section 260C.201, subdivision 10, is amended to 
45.10 	read:
45.11 		Subd. 10.Court review of foster care. (a) If the court orders a child placed 
45.12 	in foster care, the court shall review the out-of-home placement plan and the child's 
45.13 	placement at least every 90 days as required in juvenile court rules to determine whether 
45.14 	continued out-of-home placement is necessary and appropriate or whether the child should 
45.15 	be returned home. This review is not required if the court has returned the child home, 
45.16 	ordered the child permanently placed away from the parent under subdivision 11, or 
45.17 	terminated rights under section 260C.301. Court review for a child permanently placed 
45.18 	away from a parent, including where the child is under guardianship and legal custody of 
45.19 	the commissioner, shall be governed by subdivision 11 or section 260C.317, subdivision 
45.20 	3, whichever is applicable 260C.607.
45.21 	(b) No later than six three months after the child's placement in foster care, the court 
45.22 	shall review agency efforts pursuant to section 260C.212 260C.221, subdivision 2, and 
45.23 	order that the efforts continue if the agency has failed to perform the duties under that 
45.24 	section.
45.25 	(c) The court shall review the out-of-home placement plan and may modify the plan 
45.26 	as provided under subdivisions 6 and 7.
45.27 	(d) When the court orders transfer of custody to a responsible social services 
45.28 	agency resulting in foster care or protective supervision with a noncustodial parent under 
45.29 	subdivision 1, the court shall notify the parents of the provisions of subdivisions 11 and
45.30 	subdivision 11a and sections 260C.503 to 260C.521, as required under juvenile court rules.
45.31 	(e) When a child remains in or returns to foster care pursuant to section 260C.451 and 
45.32 	the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the 
45.33 	court shall at least annually conduct the review required under subdivision 11, paragraph 
45.34 	(d), or sections 260C.212, subdivision 7, and 260C.317, subdivision 3 section 260C.203.

46.1 	Sec. 26. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:
46.2 		Subd. 5.Relative search. (a) The responsible social services agency shall exercise 
46.3 	due diligence to identify and notify adult relatives prior to placement or within 30 days 
46.4 	after the child's removal from the parent. The county agency shall consider placement 
46.5 	with a relative under subdivision 2 without delay. The relative search required by this 
46.6 	section shall be reasonable and comprehensive in scope and may last up to six months or 
46.7 	until a fit and willing relative is identified. The relative search required by this section 
46.8 	shall include both maternal relatives of the child and paternal relatives of the child, if 
46.9 	paternity is adjudicated. The relatives must be notified:
46.10 	(1) of the need for a foster home for the child, the option to become a placement 
46.11 	resource for the child, and the possibility of the need for a permanent placement for the 
46.12 	child;
46.13 	(2) of their responsibility to keep the responsible social services agency informed of 
46.14 	their current address in order to receive notice in the event that a permanent placement is 
46.15 	sought for the child. A relative who fails to provide a current address to the responsible 
46.16 	social services agency forfeits the right to notice of the possibility of permanent 
46.17 	placement. A decision by a relative not to be identified as a permanent placement resource
46.18 	or participate in planning for the child at the beginning of the case shall not may affect 
46.19 	whether the relative is considered for placement of the child with that relative later;
46.20 	(3) that the relative may participate in the care and planning for the child, including 
46.21 	that the opportunity for such participation may be lost by failing to respond to the notice; 
46.22 	and
46.23 	(4) of the family foster care licensing requirements, including how to complete an 
46.24 	application and how to request a variance from licensing standards that do not present a 
46.25 	safety or health risk to the child in the home under section 245A.04 and supports that are 
46.26 	available for relatives and children who reside in a family foster home.
46.27 	(b) A responsible social services agency may disclose private or confidential data, 
46.28 	as defined in section sections13.02 and 626.556, to relatives of the child for the purpose 
46.29 	of locating and assessing a suitable placement and may use any reasonable means of 
46.30 	identifying and locating relatives including the Internet or other electronic means of 
46.31 	conducting a search. The agency shall disclose only data that is necessary to facilitate 
46.32 	possible placement with relatives and to ensure that the relative is informed of the needs 
46.33 	of the child so the relative can participate in planning for the child and be supportive of 
46.34 	services to the child and family. If the child's parent refuses to give the responsible social 
46.35 	services agency information sufficient to identify the maternal and paternal relatives of the 
46.36 	child, the agency shall ask the juvenile court to order the parent to provide the necessary 
47.1 	information. If a parent makes an explicit request that relatives or a specific relative not be 
47.2 	contacted or considered for placement, the agency shall bring the parent's request to the 
47.3 	attention of the court to determine whether the parent's request is consistent with the best 
47.4 	interests of the child and the agency shall not contact relatives or a specific relative unless 
47.5 	authorized to do so by the juvenile court.
47.6 	(c) At a regularly scheduled hearing not later than three months after the child's 
47.7 	placement in foster care and as required in section 260C.202, the agency shall report to 
47.8 	the court:
47.9 	(1) its efforts to identify maternal and paternal relatives of the child, to engage the 
47.10 	relatives in providing support for the child and family, and document that the relatives 
47.11 	have been provided the notice required under paragraph (a); and
47.12 	(2) its decision regarding placing the child with a relative as required under section 
47.13 	260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in 
47.14 	order to support family connections for the child, when placement with a relative is not 
47.15 	possible or appropriate.
47.16 	(d) Notwithstanding chapter 13, the agency shall disclose data about particular 
47.17 	relatives identified, searched for, and contacted for the purposes of the court's review of 
47.18 	the agency's due diligence.
47.19 	(e) When the court is satisfied that the agency has exercised due diligence to 
47.20 	identify relatives and provide the notice required in paragraph (a), the court may find that 
47.21 	reasonable efforts have been made to conduct a relative search to identify and provide 
47.22 	notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the 
47.23 	court is not satisfied that the agency has exercised due diligence to identify relatives and 
47.24 	provide the notice required in paragraph (a), the court may order the agency to continue its 
47.25 	search and notice efforts and to report back to the court.
47.26 	(f) When the placing agency determines that a permanent placement hearing is
47.27 	proceedings are necessary because there is a likelihood that the child will not return to a 
47.28 	parent's care, the agency may send the notice provided in paragraph (d) (g), may ask the 
47.29 	court to modify the requirements duty of the agency under this paragraph to send the notice 
47.30 	required in paragraph (g), or may ask the court to completely relieve the agency of the 
47.31 	requirements of this paragraph (g). The relative notification requirements of this paragraph
47.32 	(g) do not apply when the child is placed with an appropriate relative or a foster home 
47.33 	that has committed to being the adopting the child or taking permanent legal placement 
47.34 	for and physical custody of the child and the agency approves of that foster home for 
47.35 	permanent placement of the child. The actions ordered by the court under this section 
47.36 	must be consistent with the best interests, safety, permanency, and welfare of the child.
48.1 	(d) (g) Unless required under the Indian Child Welfare Act or relieved of this duty 
48.2 	by the court under paragraph (c) (e), when the agency determines that it is necessary to 
48.3 	prepare for the permanent placement determination hearing proceedings, or in anticipation 
48.4 	of filing a termination of parental rights petition, the agency shall send notice to the 
48.5 	relatives, any adult with whom the child is currently residing, any adult with whom the 
48.6 	child has resided for one year or longer in the past, and any adults who have maintained a 
48.7 	relationship or exercised visitation with the child as identified in the agency case plan. The 
48.8 	notice must state that a permanent home is sought for the child and that the individuals 
48.9 	receiving the notice may indicate to the agency their interest in providing a permanent 
48.10 	home. The notice must state that within 30 days of receipt of the notice an individual 
48.11 	receiving the notice must indicate to the agency the individual's interest in providing 
48.12 	a permanent home for the child or that the individual may lose the opportunity to be 
48.13 	considered for a permanent placement.
48.14 	(e) The Department of Human Services shall develop a best practices guide and 
48.15 	specialized staff training to assist the responsible social services agency in performing and 
48.16 	complying with the relative search requirements under this subdivision.

48.17 	Sec. 27. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:
48.18 		Subd. 7.Administrative or court review of placements. (a) Unless the court is 
48.19 	conducting the reviews required under section 260C.202, there shall be an administrative 
48.20 	review of the out-of-home placement plan of each child placed in foster care no later than 
48.21 	180 days after the initial placement of the child in foster care and at least every six months 
48.22 	thereafter if the child is not returned to the home of the parent or parents within that time. 
48.23 	The out-of-home placement plan must be monitored and updated at each administrative 
48.24 	review. The administrative review shall be conducted by the responsible social services 
48.25 	agency using a panel of appropriate persons at least one of whom is not responsible for the 
48.26 	case management of, or the delivery of services to, either the child or the parents who are 
48.27 	the subject of the review. The administrative review shall be open to participation by the 
48.28 	parent or guardian of the child and the child, as appropriate.
48.29 	(b) As an alternative to the administrative review required in paragraph (a), the court 
48.30 	may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 
48.31 	Procedure, conduct a hearing to monitor and update the out-of-home placement plan 
48.32 	pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph 
48.33 	(d). The party requesting review of the out-of-home placement plan shall give parties to 
48.34 	the proceeding notice of the request to review and update the out-of-home placement 
48.35 	plan. A court review conducted pursuant to section 260C.141, subdivision 2;260C.193; 
49.1 	260C.201, subdivision 1 or 11; 260C.141, subdivision 2; 260C.317 260C.202; 260C.204; 
49.2 	260C.607; or 260D.06 shall satisfy the requirement for the review so long as the other 
49.3 	requirements of this section are met.
49.4 	(c) As appropriate to the stage of the proceedings and relevant court orders, the 
49.5 	responsible social services agency or the court shall review:
49.6 	(1) the safety, permanency needs, and well-being of the child;
49.7 	(2) the continuing necessity for and appropriateness of the placement;
49.8 	(3) the extent of compliance with the out-of-home placement plan;
49.9 	(4) the extent of progress which that has been made toward alleviating or mitigating 
49.10 	the causes necessitating placement in foster care;
49.11 	(5) the projected date by which the child may be returned to and safely maintained in 
49.12 	the home or placed permanently away from the care of the parent or parents or guardian; 
49.13 	and
49.14 	(6) the appropriateness of the services provided to the child.
49.15 	(d) When a child is age 16 or older, in addition to any administrative review 
49.16 	conducted by the agency, at the in-court review required under section 260C.201, 
49.17 	subdivision 11 260C.515, subdivision 5 or 6, or 260C.317, subdivision 3, clause (3)
49.18 	260C.607, subdivision 4, the court shall review the independent living plan required under
49.19 	section 260C.201, subdivision 1, paragraph (c), clause (11), and the provision of services 
49.20 	to the child related to the well-being of the child as the child prepares to leave foster care. 
49.21 	The review shall include the actual plans related to each item in the plan necessary to the 
49.22 	child's future safety and well-being when the child is no longer in foster care.
49.23 	(1) (e) At the court review required under paragraph (d) for a child age 16 or older 
49.24 	the following procedures apply:
49.25 	(1) six months before the child is expected to be discharged from foster care, the 
49.26 	responsible social services agency shall establish that it has given give the written
49.27 	notice required under section 260C.456 or Minnesota Rules, part 9560.0660 260C.451, 
49.28 	subdivision 1, regarding the right to continued access to services for certain children in 
49.29 	foster care past age 18 and of the right to appeal a denial of social services under section 
49.30 	256.045. If The agency is unable to establish that shall file a copy of the notice, including 
49.31 	the right to appeal a denial of social services, has been given, with the court. If the agency 
49.32 	does not file the notice by the time the child is age 17-1/2, the court shall require the 
49.33 	agency to give it.;
49.34 	(2) consistent with the requirements of the independent living plan, the court shall 
49.35 	review progress toward or accomplishment of the following goals:
49.36 	(i) the child has obtained a high school diploma or its equivalent;
50.1 	(ii) the child has completed a driver's education course or has demonstrated the 
50.2 	ability to use public transportation in the child's community;
50.3 	(iii) the child is employed or enrolled in postsecondary education;
50.4 	(iv) the child has applied for and obtained postsecondary education financial aid for 
50.5 	which the child is eligible;
50.6 	(v) the child has health care coverage and health care providers to meet the child's 
50.7 	physical and mental health needs;
50.8 	(vi) the child has applied for and obtained disability income assistance for which 
50.9 	the child is eligible;
50.10 	(vii) the child has obtained affordable housing with necessary supports, which does 
50.11 	not include a homeless shelter;
50.12 	(viii) the child has saved sufficient funds to pay for the first month's rent and a 
50.13 	damage deposit;
50.14 	(ix) the child has an alternative affordable housing plan, which does not include a 
50.15 	homeless shelter, if the original housing plan is unworkable;
50.16 	(x) the child, if male, has registered for the Selective Service; and
50.17 	(xi) the child has a permanent connection to a caring adult.; and
50.18 	(3) the court shall ensure that the responsible agency in conjunction with the 
50.19 	placement provider assists the child in obtaining the following documents prior to the 
50.20 	child's leaving foster care: a Social Security card; the child's birth certificate; a state 
50.21 	identification card or driver's license, green card, or school visa; the child's school, 
50.22 	medical, and dental records; a contact list of the child's medical, dental, and mental health 
50.23 	providers; and contact information for the child's siblings, if the siblings are in foster care.
50.24 	(e) When a child is age 17 or older, during the 90-day period immediately prior to 
50.25 	the date the child is expected to be discharged from foster care, the responsible social 
50.26 	services agency is required to provide the child with assistance and support in developing 
50.27 	a transition plan that is personalized at the direction of the child. (f) For a child who 
50.28 	will be discharged from foster care at age 18 or older, the responsible social services 
50.29 	agency is required to develop a personalized transition plan as directed by the youth. The 
50.30 	transition plan must be developed during the 90-day period immediately prior to the 
50.31 	expected date of discharge. The transition plan must be as detailed as the child may elect 
50.32 	and include specific options on housing, health insurance, education, local opportunities 
50.33 	for mentors and continuing support services, and work force supports and employment 
50.34 	services. The plan must include information on the importance of designating another 
50.35 	individual to make health care treatment decisions on behalf of the child if the child 
50.36 	becomes unable to participate in these decisions and the child does not have, or does not 
51.1 	want, a relative who would otherwise be authorized to make these decisions. The plan 
51.2 	must provide the child with the option to execute a health care directive as provided 
51.3 	under chapter 145C. The county shall also provide the individual with appropriate contact 
51.4 	information if the individual needs more information or needs help dealing with a crisis 
51.5 	situation through age 21.

51.6 	Sec. 28. Minnesota Statutes 2010, section 260C.215, subdivision 4, is amended to read:
51.7 		Subd. 4.Consultation with representatives Duties of commissioner.
 51.8 	The commissioner of human services, after seeking and considering advice from 
51.9 	representatives reflecting diverse populations from the councils established under sections 
51.10 	3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and community organizations
51.11 	shall: 
51.12 	(1) review and, where necessary, revise the Department of Human Services Social 
51.13 	Service Manual and Practice Guide provide practice guidance to responsible social 
51.14 	services agencies and child-placing agencies that reflect federal and state laws and policy 
51.15 	direction on placement of children;
51.16 	(2) develop criteria for determining whether a prospective adoptive or foster family 
51.17 	has the ability to understand and validate the child's cultural background;
51.18 	(3) develop (2) provide a standardized training curriculum for adoption and foster 
51.19 	care workers, family-based providers, and administrators who work with children. 
51.20 	Training must address the following objectives:
51.21 	(a) (i) developing and maintaining sensitivity to all cultures;
51.22 	(b) (ii) assessing values and their cultural implications; and
51.23 	(c) (iii) making individualized placement decisions that advance the best interests of 
51.24 	a particular child under section 260C.212, subdivision 2; 
51.25 	(4) develop (3) provide a training curriculum for family and extended family 
51.26 	members all prospective adoptive and foster families that prepares them to care for the 
51.27 	needs of adoptive and foster children. The curriculum must address issues relating to 
51.28 	cross-cultural placements as well as issues that arise after a foster or adoptive placement is 
51.29 	made; and
51.30 	(5) (4) develop and provide to agencies an assessment tool to be used in combination 
51.31 	with group interviews and other preplacement activities a home study format to evaluate
51.32 	assess the capacities and needs of prospective adoptive and foster families. The tool format
51.33 	must assess address problem-solving skills; identify parenting skills; and evaluate the 
51.34 	degree to which the prospective family has the ability to understand and validate the child's 
51.35 	cultural background other issues needed to provide sufficient information for agencies to 
52.1 	make an individualized placement decision consistent with section 260C.212, subdivision 
52.2 	2. If a prospective adoptive parent has also been a foster parent, any update necessary to 
52.3 	a home study for the purpose of adoption must be completed by the licensing authority 
52.4 	responsible for the foster parent's license. If a prospective adoptive parent with an 
52.5 	approved adoptive home study also applies for a foster care license, the license application 
52.6 	must be made with the same agency which provided the adoptive home study; and
52.7 	(5) consult as needed with representatives reflecting diverse populations from the 
52.8 	councils established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, 
52.9 	local, and community organizations.

52.10 	Sec. 29. Minnesota Statutes 2010, section 260C.215, subdivision 6, is amended to read:
52.11 		Subd. 6.Duties of child-placing agencies. (a) Each authorized child-placing 
52.12 	agency must:
52.13 	(1) develop and follow procedures for implementing the requirements of section 
52.14 	260C.193, subdivision 3 260C.212, subdivision 2, and the Indian Child Welfare Act, 
52.15 	United States Code, title 25, sections 1901 to 1923; 
52.16 	(2) have a written plan for recruiting adoptive and foster families that reflect the 
52.17 	ethnic and racial diversity of children who are in need of foster and adoptive homes. 
52.18 	The plan must include:
52.19 	(i) strategies for using existing resources in diverse communities,;
52.20 	(ii) use of diverse outreach staff wherever possible,; and
52.21 	(iii) use of diverse foster homes for placements after birth and before adoption, 
52.22 	and (iv) other techniques as appropriate;
52.23 	(3) have a written plan for training adoptive and foster families;
52.24 	(4) have a written plan for employing staff in adoption and foster care who have 
52.25 	the capacity to assess the foster and adoptive parents' ability to understand and validate 
52.26 	a child's cultural meet the child's individual needs, and to advance the best interests of 
52.27 	the child, as required in section 260C.212, subdivision 2. The plan must include staffing 
52.28 	goals and objectives;
52.29 	(5) ensure that adoption and foster care workers attend training offered or approved 
52.30 	by the Department of Human Services regarding cultural diversity and the needs of special 
52.31 	needs children; and
52.32 	(6) develop and implement procedures for implementing the requirements of the 
52.33 	Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.
52.34 	(b) In determining the suitability of a proposed placement of an Indian child, the 
52.35 	standards to be applied must be the prevailing social and cultural standards of the Indian 
53.1 	child's community, and the agency shall defer to tribal judgment as to suitability of a 
53.2 	particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

53.3 	Sec. 30. [260C.229] VOLUNTARY FOSTER CARE FOR CHILDREN OVER 
53.4 	AGE 18; REQUIRED COURT REVIEW.
53.5 	(a) When a child asks to continue or to reenter foster care after age 18 under section 
53.6 	260C.451, the child and the responsible social services agency may enter into a voluntary 
53.7 	agreement for the child to be in foster care under the terms of section 260C.451. The 
53.8 	voluntary agreement must be in writing and on a form prescribed by the commissioner.
53.9 	(b) When the child is in foster care pursuant to a voluntary foster care agreement 
53.10 	between the agency and child and the child is not already under court jurisdiction pursuant 
53.11 	to section 260C.193, subdivision 6, the agency responsible for the child's placement 
53.12 	in foster care shall:
53.13 	(1) file a motion to reopen the juvenile protection matter where the court previously 
53.14 	had jurisdiction over the child within 30 days of the child and the agency executing the 
53.15 	voluntary placement agreement under paragraph (a) and ask the court to review the child's 
53.16 	placement in foster care and find that the placement is in the best interests of the child; and
53.17 	(2) file the out-of-home placement plan required under subdivision 1 with the 
53.18 	motion to reopen jurisdiction.
53.19 	(c) The court shall conduct a hearing on the matter within 30 days of the agency's 
53.20 	motion to reopen the matter and, if the court finds that placement is in the best interest of 
53.21 	the child, shall conduct the review for the purpose and with the content required under 
53.22 	section 260C.203, at least every 12 months as long as the child continues in foster care.

53.23 	Sec. 31. Minnesota Statutes 2010, section 260C.301, subdivision 8, is amended to read:
53.24 		Subd. 8.Findings regarding reasonable efforts. In any proceeding under this 
53.25 	section, the court shall make specific findings:
53.26 	(1) that reasonable efforts to prevent the placement and finalize the permanency 
53.27 	plan to reunify the child and the parent were made including individualized and explicit 
53.28 	findings regarding the nature and extent of efforts made by the social services agency to 
53.29 	rehabilitate the parent and reunite the family; or
53.30 	(2) that reasonable efforts at for reunification are not required as provided under 
53.31 	section 260.012. 

53.32 	Sec. 32. Minnesota Statutes 2010, section 260C.317, subdivision 3, is amended to read:
54.1 		Subd. 3.Order; retention of jurisdiction. (a) A certified copy of the findings and 
54.2 	the order terminating parental rights, and a summary of the court's information concerning 
54.3 	the child shall be furnished by the court to the commissioner or the agency to which 
54.4 	guardianship is transferred. 
54.5 	(b) The orders shall be on a document separate from the findings. The court shall 
54.6 	furnish the individual to whom guardianship is transferred guardian a copy of the order 
54.7 	terminating parental rights.
54.8 	(b)(c) When the court orders guardianship pursuant to this section, the court 
54.9 	shall retain jurisdiction in a case where adoption is the intended permanent placement 
54.10 	disposition until the child's adoption is finalized, the child is 18 years of age, or, for 
54.11 	children in foster care beyond age 18 pursuant to section 260C.451, until the individual 
54.12 	becomes 21 years of age according to the provisions set forth in sections 260C.193, 
54.13 	subdivision 6, and 260C.451. The guardian ad litem and counsel for the child shall 
54.14 	continue on the case until an adoption decree is entered. An in-court appearance hearing 
54.15 	must be held every 90 days following termination of parental rights for the court to review 
54.16 	progress toward an adoptive placement and the specific recruitment efforts the agency has 
54.17 	taken to find an adoptive family or other placement living arrangement for the child and to 
54.18 	finalize the adoption or other permanency plan.
54.19 	(c) The responsible social services agency may make a determination of compelling 
54.20 	reasons for a child to be in long-term foster care when the agency has made exhaustive 
54.21 	efforts to recruit, identify, and place the child in an adoptive home, and the child continues 
54.22 	in foster care for at least 24 months after the court has issued the order terminating 
54.23 	parental rights. A child of any age who is under the guardianship of the commissioner of 
54.24 	the Department of Human Services and is legally available for adoption may not refuse or 
54.25 	waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the child 
54.26 	in an adoptive home required under paragraph (b) or sign a document relieving county 
54.27 	social services agencies of all recruitment efforts on the child's behalf. Upon approving 
54.28 	the agency's determination of compelling reasons, the court may order the child placed in 
54.29 	long-term foster care. At least every 12 months thereafter as long as the child continues in 
54.30 	out-of-home placement, the court shall conduct an in-court permanency review hearing to 
54.31 	determine the future status of the child using the review requirements of section 260C.201, 
54.32 	subdivision 11, paragraph (g) Review of the progress of the matter towards adoption shall 
54.33 	be conducted according to section 260C.607.
54.34 	(d) Upon terminating parental rights or upon a parent's consent to adoption 
54.35 	under section 260C.515, subdivision 3, resulting in an order for guardianship to the 
54.36 	commissioner of human services, the court shall retain jurisdiction:
55.1 	(1) until the child is adopted;
55.2 	(2) through the child's minority in a case where long-term; or
55.3 	(3) as long as the child continues in or reenters foster care is the permanent 
55.4 	disposition whether under paragraph (c) or section 260C.201, subdivision 11, or, for 
55.5 	children in foster care age 18 or older under section 260C.451, until the individual 
55.6 	becomes 21 years of age according to the provisions in sections 260C.193, subdivision 6, 
55.7 	and 260C.451.

55.8 	Sec. 33. Minnesota Statutes 2010, section 260C.317, subdivision 4, is amended to read:
55.9 		Subd. 4.Rights of terminated parent. (a) Upon entry of an order terminating the 
55.10 	parental rights of any person who is identified as a parent on the original birth record of 
55.11 	the child as to whom the parental rights are terminated, the court shall cause written 
55.12 	notice to be made to that person setting forth:
55.13 	(1) the right of the person to file at any time with the state registrar of vital statistics 
55.14 	a consent to disclosure, as defined in section 144.212, subdivision 11; 
55.15 	(2) the right of the person to file at any time with the state registrar of vital statistics 
55.16 	an affidavit stating that the information on the original birth record shall not be disclosed 
55.17 	as provided in section 144.2252; and 
55.18 	(3) the effect of a failure to file either a consent to disclosure, as defined in section 
55.19 	144.212, subdivision 11, or an affidavit stating that the information on the original birth 
55.20 	record shall not be disclosed. 
55.21 	(b) A parent whose rights are terminated under this section shall retain the ability to 
55.22 	enter into a contact or communication agreement under section 260C.619 if an agreement 
55.23 	is determined by the court to be in the best interests of the child. The agreement shall be 
55.24 	filed with the court at or prior to the time the child is adopted. An order for termination of 
55.25 	parental rights shall not be conditioned on an agreement under section 260C.619.

55.26 	Sec. 34. Minnesota Statutes 2010, section 260C.325, is amended to read:
55.27 	260C.325 GUARDIAN.
55.28 		Subdivision 1.Transfer of custody Guardianship. (a) If When the court terminates 
55.29 	parental rights of both parents or of the only known living legal parent, the court shall 
55.30 	order the guardianship and the legal custody of the child transferred to:
55.31 	(1) the commissioner of human services; or
55.32 	(2) a licensed child-placing agency; or.
55.33 	(3) an individual who is willing and capable of assuming the appropriate duties 
55.34 	and responsibilities to the child.
56.1 	(b) The court shall order transfer of guardianship and legal custody of a child to 
56.2 	the commissioner of human services only when the responsible county social services 
56.3 	agency had legal responsibility for planning for the permanent placement of the child and 
56.4 	the child was in foster care under the legal responsibility of the responsible county social 
56.5 	services agency at the time the court orders guardianship and legal custody transferred to 
56.6 	the commissioner.
56.7 		Subd. 3.Both parents deceased. (a) If upon petition to the juvenile court for 
56.8 	guardianship by a reputable person, including but not limited to an the responsible social 
56.9 	services agency as agent of the commissioner of human services, and upon hearing in 
56.10 	the manner provided in section 260C.163, the court finds that both parents or the only 
56.11 	known legal parent are or is deceased and no appointment has been made or petition for 
56.12 	appointment filed pursuant to sections 524.5-201 to 524.5-317, the court shall order the 
56.13 	guardianship and legal custody of the child transferred to:
56.14 	(1) the commissioner of human services;
56.15 	(2) a licensed child-placing agency; or
56.16 	(3) (2) an individual who is willing and capable of assuming the appropriate duties 
56.17 	and responsibilities to the child.
56.18 	(b) The court shall order transfer of guardianship and legal custody of a child to the 
56.19 	commissioner of human services only if there is no individual who is willing and capable 
56.20 	of assuming the appropriate duties and responsibilities to the child.
56.21 		Subd. 4.Guardian's responsibilities. (a) A guardian appointed under the 
56.22 	provisions of this section has legal custody of a ward unless the court which appoints 
56.23 	the guardian gives legal custody to some other person. If the court awards custody to a 
56.24 	person other than the guardian, the guardian nonetheless has the right and responsibility of 
56.25 	reasonable visitation, except as limited by court order the child and the right to visit the 
56.26 	child in foster care, the adoptive placement, or any other suitable setting at any time prior 
56.27 	to finalization of the adoption of the child. When the child is under the guardianship of the 
56.28 	commissioner, the responsible social services agency as agent of the commissioner has 
56.29 	the right to visit the child.
56.30 	(b) When the guardian is a licensed child-placing agency, the guardian may shall
56.31 	make all major decisions affecting the person of the ward child, including but not limited 
56.32 	to giving consent (,when consent is legally required), to the marriage, enlistment in the 
56.33 	armed forces, medical, surgical, or psychiatric treatment, or adoption of the ward. When, 
56.34 	pursuant to this section, the commissioner of human services is appointed guardian, the 
56.35 	commissioner may delegate to the responsible social services agency of the county in 
56.36 	which, after the appointment, the ward resides, the authority to act for the commissioner in 
57.1 	decisions affecting the person of the ward, including but not limited to giving consent to 
57.2 	the marriage, enlistment in the armed forces, medical, surgical, or psychiatric treatment of 
57.3 	the ward.
57.4 	(c) When the commissioner is appointed guardian, the duties of the commissioner of 
57.5 	human services are established under sections 260C.601 to 260C.635.
57.6 	(d) A guardianship created under the provisions of this section shall not of itself
57.7 	include the guardianship of the estate of the ward child.
57.8 	(e) The commissioner of human services through the commissioner's agent, the 
57.9 	responsible social services agency, or a licensed child-placing agency who is a guardian 
57.10 	or who has authority and responsibility for planning for the adoption of the child under 
57.11 	section 259.25 or 259.49 has the duty to make reasonable efforts to finalize the adoption of 
57.12 	the child.

57.13 	Sec. 35. Minnesota Statutes 2010, section 260C.328, is amended to read:
57.14 	260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
57.15 	(a) Upon its own motion or upon petition of an interested party, the juvenile court 
57.16 	having jurisdiction of the child may, after notice to the parties and a hearing, remove 
57.17 	the guardian appointed by the juvenile court and appoint a new guardian in accordance 
57.18 	with the provisions of section 260C.325, subdivision 1, clause (a), (b), or (c). Upon a 
57.19 	showing that the child is emancipated, the court may discharge the guardianship. Any 
57.20 	child 14 years of age or older who is not adopted but who is placed in a satisfactory foster 
57.21 	home, may, with the consent of the foster parents, join with the guardian appointed by the 
57.22 	juvenile court in a petition to the court having jurisdiction of the child to discharge the 
57.23 	existing guardian and appoint the foster parents as guardians of the child. 
57.24 	(b) The authority of a guardian appointed by the juvenile court terminates when the 
57.25 	individual under guardianship is no longer a minor or when guardianship is otherwise 
57.26 	discharged becomes age 18. However, an individual who has been under the guardianship 
57.27 	of the commissioner and who has not been adopted may continue in foster care or reenter 
57.28 	foster care pursuant to section 260C.451 and the responsible social services agency has 
57.29 	continuing legal responsibility for the placement of the individual. 

57.30 	Sec. 36. Minnesota Statutes 2010, section 260C.451, is amended to read:
57.31 	260C.451 FOSTER CARE BENEFITS TO AGE 21 PAST AGE 18.
57.32 		Subdivision 1.Notification of benefits. Within the Six months prior to the child's 
57.33 	18th birthday, the local responsible social services agency shall advise provide written 
57.34 	notice on a form prescribed by the commissioner of human services to any child in foster 
58.1 	care under this chapter who cannot reasonably be expected to return home or have another 
58.2 	legally permanent family by the age of 18, the child's parents or legal guardian, if any, and
58.3 	the child's guardian ad litem, and the child's foster parents of the availability of benefits of 
58.4 	the foster care program up to age 21, when the child is eligible under subdivisions 3 and 3a.
58.5 		Subd. 2.Independent living plan. Upon the request of any child receiving in foster 
58.6 	care benefits immediately prior to the child's 18th birthday and who is in foster care at 
58.7 	the time of the request, the local responsible social services agency shall, in conjunction 
58.8 	with the child and other appropriate parties, update the independent living plan required 
58.9 	under section 260C.212, subdivision 1, paragraph (c), clause (11), related to the child's 
58.10 	employment, vocational, educational, social, or maturational needs. The agency shall 
58.11 	provide continued services and foster care for the child including those services that are 
58.12 	necessary to implement the independent living plan.
58.13 		Subd. 3.Eligibility to continue in foster care. A child already in foster care
58.14 	immediately prior to the child's 18th birthday may continue in foster care past age 18
58.15 	unless:
58.16 	(1) the child can safely return home;
58.17 	(2) the child is in placement pursuant to the agency's duties under section 256B.092 
58.18 	and Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to 
58.19 	developmental disability or related condition, and the child will be served as an adult 
58.20 	under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016; or
58.21 	(3) the child can be adopted or have permanent legal and physical custody 
58.22 	transferred to a relative prior to the child's 18th birthday. 
58.23 		Subd. 3a.Eligibility criteria. The child must meet at least one of the following 
58.24 	conditions to be considered eligible to continue in or return to foster care and remain there
58.25 	to age 21. The child must be:
58.26 	(1) completing secondary education or a program leading to an equivalent credential;
58.27 	(2) enrolled in an institution which that provides postsecondary or vocational 
58.28 	education;
58.29 	(3) participating in a program or activity designed to promote or remove barriers to 
58.30 	employment;
58.31 	(4) employed for at least 80 hours per month; or
58.32 	(5) incapable of doing any of the activities described in clauses (1) to (4) due to a 
58.33 	medical condition.
58.34 		Subd. 4.Foster care benefits. For children between the ages of 18 and 21, "foster 
58.35 	care benefits" means payment for those foster care settings defined in section 260C.007, 
58.36 	subdivision 18. Additionally, foster care benefits means payment for a supervised 
59.1 	setting, approved by the responsible social services agency, in which a child may live 
59.2 	independently.
59.3 		Subd. 5.Permanent decision Foster care setting. The particular foster care 
59.4 	setting, including supervised settings, shall be selected by the agency and the child
59.5 	based on the best interest of the child consistent with section 260C.212, subdivision 2. 
59.6 	Supervision in approved settings must be determined by an individual determination of 
59.7 	the child's needs by the responsible social services agency and consistent with section 
59.8 	260C.212, subdivision 4a.
59.9 		Subd. 6.Individual plan to age 21 Reentering foster care and accessing services 
59.10 	after age 18. (a) Upon request of an individual between the ages of 18 and 21 who, 
59.11 	within six months of the individual's 18th birthday, had been under the guardianship of the 
59.12 	commissioner and who has left foster care without being adopted, the responsible social 
59.13 	services agency which had been the commissioner's agent for purposes of the guardianship 
59.14 	shall develop with the individual a plan related to the individual's vocational, educational, 
59.15 	social, or maturational needs to increase the individual's ability to live safely and 
59.16 	independently using the plan requirements of section 260C.212, subdivision 1, paragraph 
59.17 	(b), clause (11), and to assist the individual to meet one or more of the eligibility criteria in 
59.18 	subdivision 4 if the individual wants to reenter foster care. The agency shall provide foster 
59.19 	care with maintenance and counseling benefits as required to implement the plan. The 
59.20 	agency shall enter into a voluntary placement agreement under section 260C.229 with the 
59.21 	individual if the plan includes foster care.
59.22 	(b) Individuals who had not been under the guardianship of the commissioner of 
59.23 	human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter 
59.24 	foster care after age 18 and, to the extent funds are available, the responsible social 
59.25 	services agency that had responsibility for planning for the individual before discharge 
59.26 	from foster care may provide foster care or other services to the individual for the purpose 
59.27 	of increasing the individual's ability to live safely and independently and to meet the 
59.28 	eligibility criteria in subdivision 3a, if the individual:
59.29 	(1) was in foster care for the six consecutive months prior to the person's 18th 
59.30 	birthday and was not discharged home, adopted, or received into a relative's home under a 
59.31 	transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or
59.32 	(2) was discharged from foster care while on runaway status after age 15.
59.33 	(c) In conjunction with a qualifying and eligible individual under paragraph (b) and 
59.34 	other appropriate persons, the responsible social services agency shall develop a specific 
59.35 	plan related to that individual's vocational, educational, social, or maturational needs 
59.36 	and, to the extent funds are available, provide foster care as required to implement the 
60.1 	plan. The agency shall enter into a voluntary placement agreement with the individual 
60.2 	if the plan includes foster care.
60.3 	(d) Youth who left foster care while under guardianship of the commissioner of 
60.4 	human services retain eligibility for foster care for placement at any time between the 
60.5 	ages of 18 and 21.
60.6 		Subd. 7.Jurisdiction. Notwithstanding that the court retains jurisdiction pursuant 
60.7 	to this section, Individuals in foster care pursuant to this section are adults for all purposes 
60.8 	except the continued provision of foster care. Any order establishing guardianship under 
60.9 	section 260C.325, any legal custody order under section 260C.201, subdivision 1, and 
60.10 	any order for legal custody associated with an order for long-term foster care permanent 
60.11 	custody under section 260C.201, subdivision 11 260C.515, subdivision 5, terminates on 
60.12 	the child's 18th birthday. The responsible social services agency has legal responsibility 
60.13 	for the individual's placement and care when the matter continues under court jurisdiction 
60.14 	pursuant to section 260C.193 or when the individual and the responsible agency execute a 
60.15 	voluntary placement agreement pursuant to section 260C.229.
60.16 		Subd. 8.Notice of termination of foster care. When a child in foster care between 
60.17 	the ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the 
60.18 	responsible social services agency shall give the child written notice that foster care will 
60.19 	terminate 30 days from the date the notice is sent. The agency shall work with the child 
60.20 	to transition out of foster care as required under section 260C.203, paragraph (e). The 
60.21 	written notice of termination of benefits shall be on a form prescribed by the commissioner 
60.22 	and shall also give notice of the right to appeal the termination under section 256.045. A 
60.23 	copy of the termination notice shall be sent to the child and the child's attorney, if any, the 
60.24 	foster care provider, the child's guardian ad litem, and the court, if the matter is under the 
60.25 	jurisdiction of the court pursuant to section 260C.193. The agency is not responsible for 
60.26 	paying foster care benefits for any period of time after the child actually leaves foster care.

60.27 	Sec. 37. [260C.503] PERMANENCY PROCEEDINGS.
60.28 		Subdivision 1.Required permanency proceedings.  Except for children in foster 
60.29 	care pursuant to chapter 260D, where the child is in foster care or in the care of a 
60.30 	noncustodial or nonresident parent, the court shall commence proceedings to determine 
60.31 	the permanent status of a child by holding the admit-deny hearing required under section 
60.32 	260C.507 not later than 12 months after the child is placed in foster care or in the care of a 
60.33 	noncustodial or nonresident parent. Permanency proceedings for children in foster care 
60.34 	pursuant to chapter 260D shall be according to section 260D.07.
61.1 		Subd. 2.Termination of parental rights. (a) The responsible social services 
61.2 	agency must ask the county attorney to immediately file a termination of parental rights 
61.3 	petition when:
61.4 	(1) the child has been subjected to egregious harm as defined in section 260C.007, 
61.5 	subdivision 14;
61.6 	(2) the child is determined to be the sibling of a child who was subjected to 
61.7 	egregious harm;
61.8 	(3) the child is an abandoned infant as defined in section 260C.301, subdivision 3, 
61.9 	paragraph (b), clause (2);
61.10 	(4) the child's parent has lost parental rights to another child through an order 
61.11 	involuntarily terminating the parent's rights;
61.12 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 
61.13 	2, against the child or another child of the parent;
61.14 	(6) the parent is registered with a sex offender registry under the Adam Walsh Child 
61.15 	Protection and Safety Act, United States Code, title 42, section 16913, paragraph (a); or
61.16 	(7) another child of the parent is the subject of an order involuntarily transferring 
61.17 	permanent legal and physical custody of the child to a relative under this chapter or a 
61.18 	similar law of another jurisdiction; 
61.19 	The county attorney shall file a termination of parental rights petition unless the conditions 
61.20 	of paragraph (d) are met.
61.21 	(b) When the termination of parental rights petition is filed under this subdivision, 
61.22 	the responsible social services agency shall identify, recruit, and approve an adoptive 
61.23 	family for the child. If a termination of parental rights petition has been filed by another 
61.24 	party, the responsible social services agency shall be joined as a party to the petition.
61.25 	(c) If criminal charges have been filed against a parent arising out of the conduct 
61.26 	alleged to constitute egregious harm, the county attorney shall determine which matter 
61.27 	should proceed to trial first, consistent with the best interests of the child and subject 
61.28 	to the defendant's right to a speedy trial.
61.29 	(d) The requirement of paragraph (a) does not apply if the responsible social services 
61.30 	agency and the county attorney determine and file with the court:
61.31 	(1) a petition for transfer of permanent legal and physical custody to a relative under 
61.32 	sections 260C.505 and 260C.515, subdivision 3, including a determination that adoption 
61.33 	is not in the child's best interests and that transfer of permanent legal and physical custody 
61.34 	is in the child's best interests; or
61.35 	(2) a petition under section 260C.141 alleging the child, and where appropriate, 
61.36 	the child's siblings, to be in need of protection or services accompanied by a case plan 
62.1 	prepared by the responsible social services agency documenting a compelling reason why 
62.2 	filing a termination of parental rights petition would not be in the best interests of the child.
62.3 		Subd. 3.Calculating time to required permanency proceedings. (a) For 
62.4 	purposes of this section, the date of the child's placement in foster care is the earlier of 
62.5 	the first court-ordered placement or 60 days after the date on which the child has been 
62.6 	voluntarily placed in foster care by the child's parent or guardian. For purposes of this 
62.7 	section, time spent by a child in the home of the noncustodial parent pursuant to court 
62.8 	order under section 260C.178 or under the protective supervision of the responsible 
62.9 	social services agency in the home of the noncustodial parent pursuant to an order under 
62.10 	section 260C.201, subdivision 1, counts towards the requirement of a permanency hearing 
62.11 	under this section. Time spent on a trial home visit counts towards the requirement of a 
62.12 	permanency hearing under this section and the permanency progress review required 
62.13 	under section 260C.204.
62.14 	(b) For the purposes of this section, 12 months is calculated as follows:
62.15 	(1) during the pendency of a petition alleging that a child is in need of protection 
62.16 	or services, all time periods when a child is placed in foster care or in the home of a 
62.17 	noncustodial parent are cumulated;
62.18 	(2) if a child has been placed in foster care within the previous five years under one 
62.19 	or more previous petitions, the lengths of all prior time periods when the child was placed 
62.20 	in foster care within the previous five years are cumulated. If a child under this clause 
62.21 	has been in foster care for 12 months or more, the court, if it is in the best interests of the 
62.22 	child and for compelling reasons, may extend the total time the child may continue out 
62.23 	of the home under the current petition up to an additional six months before making a 
62.24 	permanency determination.
62.25 	(c) If the child is on a trial home visit 12 months after the child was placed in foster 
62.26 	care or in the care of a noncustodial parent, the responsible social services agency may file 
62.27 	a report with the court regarding the child's and parent's progress on the trial home visit and 
62.28 	the agency's reasonable efforts to finalize the child's safe and permanent return to the care 
62.29 	of the parent in lieu of filing the petition required under section 260C.505. The court shall 
62.30 	make findings regarding the reasonable efforts of the agency to finalize the child's return 
62.31 	home as the permanency disposition order in the best interests of the child. The court may 
62.32 	continue the trial home visit to a total time not to exceed six months as provided in section 
62.33 	260C.201, subdivision 1, paragraph (a), clause (3). If the court finds the agency has not 
62.34 	made reasonable efforts to finalize the child's return home as the permanency disposition 
62.35 	order in the child's best interests, the court may order other or additional efforts to support 
62.36 	the child remaining in the care of the parent. If a trial home visit ordered or continued at 
63.1 	permanency proceedings under sections 260C.503 to 260C.521 terminates, the court shall 
63.2 	commence or recommence permanency proceedings under this chapter no later than 30 
63.3 	days after the child is returned to foster care or to the care of a noncustodial parent.

63.4 	Sec. 38. [260C.505] PETITION.
63.5 	(a) A permanency or termination of parental rights petition must be filed at or prior 
63.6 	to the time the child has been in foster care or in the care of a noncustodial or nonresident 
63.7 	parent for 11 months or in the expedited manner required in section 260C.503, subdivision 
63.8 	2, paragraph (a). The court administrator shall serve the petition as required in the 
63.9 	Minnesota Rules of Juvenile Protection Procedure and section 260C.152 in time for the 
63.10 	admit-deny hearing on the petition required in section 260C.507.
63.11 	(b) A petition under this section is not required if the responsible social services 
63.12 	agency intends to recommend that the child return to the care of the parent from whom 
63.13 	the child was removed at or prior to the time the court is required to hold the admit-deny 
63.14 	hearing required under section 260C.507.

63.15 	Sec. 39. [260C.507] ADMIT-DENY HEARING.
63.16 	(a) An admit-deny hearing on the permanency or termination of parental rights 
63.17 	petition shall be held not later than 12 months from the child's placement in foster care or 
63.18 	an order for the child to be in the care of a noncustodial or nonresident parent.
63.19 	(b) An admit-deny hearing on the termination of parental rights or transfer of 
63.20 	permanent legal and physical custody petition required to be immediately filed under 
63.21 	section 260C.503, subdivision 2, paragraph (a), shall be within ten days of the filing 
63.22 	of the petition.
63.23 	(c) At the admit-deny hearing, the court shall determine whether there is a prima 
63.24 	facie basis for finding that the agency made reasonable efforts, or in the case of an Indian 
63.25 	child active efforts, for reunification as required or that reasonable efforts for reunification 
63.26 	are not required under section 260.012 and proceed according to the Minnesota Rules of 
63.27 	Juvenile Protection Procedure.

63.28 	Sec. 40. [260C.509] TRIAL.
63.29 	The permanency proceedings shall be conducted in a timely fashion including 
63.30 	that any trial required under section 260C.163 shall be commenced within 60 days of 
63.31 	the admit-deny hearing required under section 260C.507. At the conclusion of the 
63.32 	permanency proceedings, the court shall:
64.1 	(1) order the child returned to the care of the parent or guardian from whom the 
64.2 	child was removed; or
64.3 	(2) order a permanency disposition under section 260C.515 or termination of 
64.4 	parental rights under sections 260C.301 to 260C.328 if a permanency disposition order or 
64.5 	termination of parental rights is in the child's best interests.

64.6 	Sec. 41. [260C.511] BEST INTERESTS OF THE CHILD.
64.7 	(a) The "best interests of the child" means all relevant factors to be considered 
64.8 	and evaluated.
64.9 	(b) In making a permanency disposition order or termination of parental rights, 
64.10 	the court must be governed by the best interests of the child, including a review of the 
64.11 	relationship between the child and relatives and the child and other important persons with 
64.12 	whom the child has resided or had significant contact.

64.13 	Sec. 42. [260C.513] PERMANENCY DISPOSITIONS WHEN CHILD CANNOT 
64.14 	RETURN HOME.
64.15 	(a) Termination of parental rights and adoption, or guardianship to the commissioner 
64.16 	of human services through a consent to adopt are preferred permanency options for a 
64.17 	child who cannot return home. If the court finds that termination of parental rights and 
64.18 	guardianship to the commissioner is not in the child's best interests, the court may transfer 
64.19 	permanent legal and physical custody of the child to a relative when that order is in the 
64.20 	child's best interests.
64.21 	(b) When the court has determined that permanent placement of the child away from 
64.22 	the parent is necessary, the court shall consider permanent alternative homes that are 
64.23 	available both inside and outside the state.

64.24 	Sec. 43. [260C.515] PERMANENCY DISPOSITION ORDERS.
64.25 		Subdivision 1.Court order required. If the child is not returned to the home at or 
64.26 	before the conclusion of permanency proceedings under sections 260C.503 to 260C.521, 
64.27 	the court must order one of the permanency dispositions in this section.
64.28 		Subd. 2.Termination of parental rights. The court may order:
64.29 	(1) termination of parental rights when the requirements of sections 260C.301 to 
64.30 	260C.328 are met; or
64.31 	(2) the responsible social services agency to file a petition for termination of 
64.32 	parental rights in which case all the requirements of sections 260C.301 to 260C.328 
64.33 	remain applicable.
65.1 		Subd. 3.Guardianship; commissioner. The court may order guardianship to the 
65.2 	commissioner of human services under the following procedures and conditions:
65.3 	(1) there is an identified prospective adoptive parent agreed to by the responsible 
65.4 	social services agency having legal custody of the child pursuant to court order under this 
65.5 	chapter and that prospective adoptive parent has agreed to adopt the child;
65.6 	(2) the court accepts the parent's voluntary consent to adopt in writing on a form 
65.7 	prescribed by the commissioner, executed before two competent witnesses and confirmed 
65.8 	by the consenting parent before the court or executed before court. The consent shall 
65.9 	contain notice that consent given under this chapter:
65.10 	(i) is irrevocable upon acceptance by the court unless fraud is established and an 
65.11 	order issues permitting revocation as stated in clause (9) unless the matter is governed by 
65.12 	the Indian Child Welfare Act, United States Code, title 25, section 1913(c); and
65.13 	(ii) will result in an order that the child is under the guardianship of the commissioner 
65.14 	of human services;
65.15 	(3) a consent executed and acknowledged outside of this state, either in accordance 
65.16 	with the law of this state or in accordance with the law of the place where executed, is 
65.17 	valid;
65.18 	(4) the court must review the matter at least every 90 days under section 260C.607;
65.19 	(5) a consent to adopt under this subdivision vests guardianship of the child with 
65.20 	the commissioner of human services and makes the child a ward of the commissioner of 
65.21 	human services under section 260C.325;
65.22 	(6) the court must forward to the commissioner a copy of the consent to adopt, 
65.23 	together with a certified copy of the order transferring guardianship to the commissioner;
65.24 	(7) if an adoption is not finalized by the identified prospective adoptive parent within 
65.25 	six months of the execution of the consent to adopt under this clause, the responsible 
65.26 	social services agency shall pursue adoptive placement in another home unless the court 
65.27 	finds in a hearing under section 260C.607 that the failure to finalize is not due to either an 
65.28 	action or a failure to act by the prospective adoptive parent;
65.29 	(8) notwithstanding clause (7), the responsible social services agency must pursue 
65.30 	adoptive placement in another home as soon as the agency determines that finalization 
65.31 	of the adoption with the identified prospective adoptive parent is not possible, that the 
65.32 	identified prospective adoptive parent is not willing to adopt the child, or that the identified 
65.33 	prospective adoptive parent is not cooperative in completing the steps necessary to finalize 
65.34 	the adoption;
65.35 	(9) unless otherwise required by the Indian Child Welfare Act, United States Code, 
65.36 	title 25, section 1913(c), a consent to adopt executed under this section shall be irrevocable 
66.1 	upon acceptance by the court except upon order permitting revocation issued by the same 
66.2 	court after written findings that consent was obtained by fraud.
66.3 		Subd. 4.Custody to relative. The court may order permanent legal and physical 
66.4 	custody to a relative in the best interests of the child according to the following conditions:
66.5 	(1) an order for transfer of permanent legal and physical custody to a relative shall 
66.6 	only be made after the court has reviewed the suitability of the prospective legal and 
66.7 	physical custodian;
66.8 	(2) in transferring permanent legal and physical custody to a relative, the juvenile 
66.9 	court shall follow the standards applicable under this chapter and chapter 260, and the 
66.10 	procedures in the Minnesota Rules of Juvenile Protection Procedure;
66.11 	(3) a transfer of legal and physical custody includes responsibility for the protection, 
66.12 	education, care, and control of the child and decision making on behalf of the child;
66.13 	(4) a permanent legal and physical custodian who returns a child to the permanent 
66.14 	care of a parent from whom the court removed custody without the court's approval and 
66.15 	without notice to the responsible social services agency is placing the child in violation 
66.16 	of the court's order and may be subject to sanctions for contempt of court and, if the 
66.17 	return places the child's health or welfare in danger, may be subject to other criminal 
66.18 	or civil action;
66.19 	(5) the social services agency may file a petition naming a fit and willing relative as 
66.20 	a proposed permanent legal and physical custodian;
66.21 	(6) another party to the permanency proceeding regarding the child may file a 
66.22 	petition to transfer permanent legal and physical custody to a relative, but the petition may 
66.23 	not name as custodian a relative who the parent did not disclose to the agency or who was 
66.24 	not discovered by the agency in its search for relatives when the court has found that the 
66.25 	agency made diligent efforts to conduct the relative search and provide the notice required 
66.26 	under section 260C.221; and
66.27 	(7) the juvenile court may maintain jurisdiction over the responsible social services 
66.28 	agency, the parents or guardian of the child, the child, and the permanent legal and 
66.29 	physical custodian for purposes of ensuring appropriate services are delivered to the child 
66.30 	and permanent legal custodian for the purpose of ensuring conditions ordered by the court 
66.31 	related to the care and custody of the child are met.
66.32 		Subd. 5.Permanent custody to agency. The court may order permanent custody to 
66.33 	the responsible social services agency for continued placement of the child in foster care 
66.34 	but only if it approves the responsible social services agency's compelling reasons that no 
66.35 	other permanency disposition order is in the child's best interests, and:
66.36 	(1) the child has reached age 16;
67.1 	(2) the responsible social services agency has made reasonable efforts to locate and 
67.2 	place the child with an adoptive family or a fit and willing relative who would either agree 
67.3 	to adopt the child or to a transfer of permanent legal and physical custody of the child, but 
67.4 	these efforts have not proven successful; and
67.5 	(3) the parent will continue to have visitation or contact with the child and will 
67.6 	remain involved in planning for the child.
67.7 		Subd. 6.Temporary legal custody to agency. The court may order temporary legal 
67.8 	custody to the responsible social services agency for continued placement of the child in 
67.9 	foster care for a specified period of time according to the following conditions:
67.10 	(1) the sole basis for an adjudication that the child is in need of protection or services 
67.11 	is the child's behavior;
67.12 	(2) the court finds that foster care for a specified period of time is in the best interests 
67.13 	of the child;
67.14 	(3) the court approves the responsible social services agency's compelling reasons 
67.15 	that neither an award of permanent legal and physical custody to a relative, nor termination 
67.16 	of parental rights is in the child's best interests; and
67.17 	(4) the order specifies that the child continue in foster care no longer than one year.

67.18 	Sec. 44. [260C.517] FINDINGS AND CONTENT OF ORDER FOR 
67.19 	PERMANENCY DISPOSITION.
67.20 	(a) Except for an order terminating parental rights, an order permanently placing 
67.21 	a child out of the home of the parent or guardian must include the following detailed 
67.22 	findings:
67.23 	(1) how the child's best interests are served by the order;
67.24 	(2) the nature and extent of the responsible social services agency's reasonable 
67.25 	efforts, or, in the case of an Indian child, active efforts to reunify the child with the parent 
67.26 	or guardian where reasonable efforts are required;
67.27 	(3) the parent's or parents' efforts and ability to use services to correct the conditions 
67.28 	which led to the out-of-home placement; and
67.29 	(4) that the conditions which led to the out-of-home placement have not been 
67.30 	corrected so that the child can safely return home.
67.31 	(b) The court shall issue an order required under section 260C.515 and this section 
67.32 	within 15 days of the close of the proceedings. The court may extend issuing the order 
67.33 	an additional 15 days when necessary in the interests of justice and the best interests of 
67.34 	the child.

68.1 	Sec. 45. [260C.519] FURTHER COURT HEARINGS.
68.2 	Once a permanency disposition order has been made, further court hearings are 
68.3 	necessary if:
68.4 	(1) the child is ordered on a trial home visit or under the protective supervision 
68.5 	of the responsible social services agency;
68.6 	(2) the child continues in foster care;
68.7 	(3) the court orders further hearings in a transfer of permanent legal and physical 
68.8 	custody matter including if a party seeks to modify an order under section 260C.521, 
68.9 	subdivision 2;
68.10 	(4) an adoption has not yet been finalized; or
68.11 	(5) the child returns to foster care after the court has entered an order for a 
68.12 	permanency disposition under this section.

68.13 	Sec. 46. [260C.521] COURT REVIEWS AFTER PERMANENCY DISPOSITION 
68.14 	ORDER.
68.15 		Subdivision 1.Child in permanent custody of responsible social services agency.
 68.16 	(a) Court reviews of an order for permanent custody to the responsible social services 
68.17 	agency for placement of the child in foster care must be conducted at least yearly at an 
68.18 	in-court appearance hearing.
68.19 	(b) The purpose of the review hearing is to ensure:
68.20 	(1) the order for permanent custody to the responsible social services agency for 
68.21 	placement of the child in foster care continues to be in the best interests of the child and 
68.22 	that no other permanency disposition order is in the best interests of the child;
68.23 	(2) that the agency is assisting the child to build connections to the child's family 
68.24 	and community; and
68.25 	(3) that the agency is appropriately planning with the child for development of 
68.26 	independent living skills for the child, and as appropriate, for the orderly and successful 
68.27 	transition to independent living that may occur if the child continues in foster care without 
68.28 	another permanency disposition order.
68.29 	(c) The court must review the child's out-of-home placement plan and the reasonable 
68.30 	efforts of the agency to finalize an alternative permanent plan for the child including the 
68.31 	agency's efforts to:
68.32 	(1) ensure that permanent custody to the agency with placement of the child in 
68.33 	foster care continues to be the most appropriate legal arrangement for meeting the child's 
68.34 	need for permanency and stability or, if not, to identify and attempt to finalize another 
69.1 	permanency disposition order under this chapter that would better serve the child's needs 
69.2 	and best interests;
69.3 	(2) identify a specific foster home for the child, if one has not already been identified;
69.4 	(3) support continued placement of the child in the identified home, if one has been 
69.5 	identified;
69.6 	(4) ensure appropriate services are provided to address the physical health, mental 
69.7 	health, and educational needs of the child during the period of foster care and also ensure 
69.8 	appropriate services or assistance to maintain relationships with appropriate family 
69.9 	members and the child's community; and
69.10 	(5) plan for the child's independence upon the child's leaving foster care living as 
69.11 	required under section 260C.212, subdivision 1.
69.12 	(d) The court may find that the agency has made reasonable efforts to finalize the 
69.13 	permanent plan for the child when:
69.14 	(1) the agency has made reasonable efforts to identify a more legally permanent 
69.15 	home for the child than is provided by an order for permanent custody to the agency 
69.16 	for placement in foster care; and
69.17 	(2) the agency's engagement of the child in planning for independent living is 
69.18 	reasonable and appropriate.
69.19 		Subd. 2.Modifying an order for permanent legal and physical custody to a 
69.20 	relative. An order for a relative to have permanent legal and physical custody of a child 
69.21 	may be modified using standards under sections 518.18 and 518.185. The social services 
69.22 	agency is a party to the proceeding and must receive notice.
69.23 		Subd. 3.Modifying order for permanent custody to agency for placement in 
69.24 	foster care. (a) A parent may seek modification of an order for permanent custody of the 
69.25 	child to the responsible social services agency for placement in foster care upon motion 
69.26 	and a showing by the parent of a substantial change in the parent's circumstances such 
69.27 	that the parent could provide appropriate care for the child and that removal of the child 
69.28 	from the permanent custody of the agency and the return to the parent's care would be 
69.29 	in the best interests of the child.
69.30 	(b) The responsible social services agency may ask the court to vacate an order for 
69.31 	permanent custody to the agency upon a petition and hearing pursuant to section 260C.163 
69.32 	establishing the basis for the court to order another permanency disposition under this 
69.33 	chapter, including termination of parental rights based on abandonment if the parent 
69.34 	has not visited the child, maintained contact with the child, or participated in planning 
69.35 	for the child as required under section 260C.515, subdivision 5. The responsible social 
69.36 	services agency must establish that the proposed permanency disposition order is in the 
70.1 	child's bests interests. Upon a hearing where the court determines the petition is proved, 
70.2 	the court may vacate the order for permanent custody and enter a different order for a 
70.3 	permanent disposition that is in the child's best interests. The court shall not require further 
70.4 	reasonable efforts to reunify the child with the parent or guardian as a basis for vacating 
70.5 	the order for permanent custody to the agency and ordering a different permanency 
70.6 	disposition in the child's best interests. The county attorney must file the petition and give 
70.7 	notice as required under the Minnesota Rules of Juvenile Protection Procedure in order to 
70.8 	modify an order for permanent custody under this subdivision.

70.9 	Sec. 47. [260C.601] TIMELY FINALIZATION OF ADOPTIONS FOR 
70.10 	CHILDREN UNDER GUARDIANSHIP OF COMMISSIONER OF HUMAN 
70.11 	SERVICES.
70.12 		Subdivision 1.Review requirements; adoption procedures. (a) Sections 260C.601 
70.13 	to 260C.635 establish:
70.14 	(1) the requirements for court review of children under the guardianship of the 
70.15 	commissioner of human services; and
70.16 	(2) procedures to expedite finalizing the adoption of children under the guardianship 
70.17 	of the commissioner.
70.18 	(b) Adoption proceedings for children not under the guardianship of the 
70.19 	commissioner are governed by chapter 259.
70.20 		Subd. 2.Duty of responsible agency.  The responsible social services agency has 
70.21 	the duty to act as the commission's agent in making reasonable efforts to finalize the 
70.22 	adoption of all children under the guardianship of the commissioner pursuant to section 
70.23 	260C.515, subdivision 2, or 260C.325. In implementing these duties, the agency shall 
70.24 	ensure that:
70.25 	(1) the best interests of the child are met in the planning and granting of adoptions;
70.26 	(2) the diversity of Minnesota's population and the diverse needs of persons affected 
70.27 	by adoption are recognized and respected; and
70.28 	(3) the court timely has the information it needs to make a decision that is in the best 
70.29 	interests of the child in supporting the agency's planning for adoption and when ordering 
70.30 	the adoption of the child under the guardianship of the commissioner.
70.31 		Subd. 3.Background study. Consistent with section 245C.33 and United States 
70.32 	Code, title 42, section 671, a completed background study is required before the approval 
70.33 	of any foster or adoptive placement in a related or an unrelated home.

70.34 	Sec. 48. [260C.603] DEFINITIONS.
71.1 		Subdivision 1.Scope. For the purposes of sections 260C.601 to 260C.635, the terms 
71.2 	defined in this section have the meanings given them.
71.3 		Subd. 2.Adopting parent. "Adopting parent" means an adult who has signed an 
71.4 	adoption placement agreement regarding the child.
71.5 		Subd. 3.Adoption placement agreement. "Adoption placement agreement" means 
71.6 	the written agreement between the responsible social services agency, the commissioner 
71.7 	of human services, and the adopting parent which reflects the intent of all the signatories 
71.8 	to the agreement that the adopting parent establish a parent and child relationship with the 
71.9 	child under the guardianship of the commissioner of human services by adoption. The 
71.10 	adoptive placement agreement must be on the commissioner's designated format.
71.11 		Subd. 4.Adoptive parent. "Adoptive parent" has the meaning given in section 
71.12 	259A.01, subdivision 3.
71.13 		Subd. 5.Commissioner. "Commissioner" means the commissioner of human 
71.14 	services or any employee of the Department of Human Services to whom the commissioner 
71.15 	has delegated authority regarding children under the commissioner's guardianship.
71.16 		Subd. 6.Guardianship. "Guardianship" has the meaning given in section 259A.01, 
71.17 	subdivision 17, 260C.325, or 260C.515, subdivision 2.
71.18 		Subd. 7.Prospective adoptive parent. "Prospective adoptive parent" means an 
71.19 	individual who may be an adoptive parent regardless of whether the individual has an 
71.20 	adoption study approving the individual for adoption, but who has not signed an adoption 
71.21 	placement agreement.

71.22 	Sec. 49. [260C.605] REASONABLE EFFORTS TO FINALIZE AN ADOPTION.
71.23 		Subdivision 1.Requirements. Reasonable efforts to finalize the adoption of any 
71.24 	child under the guardianship of the commissioner shall be made by the responsible social 
71.25 	services agency on behalf of the child. Reasonable efforts to find and make a placement 
71.26 	with a foster parent who will commit to being the adoptive parent for the child in the event 
71.27 	the child cannot be reunified with a parent may be made concurrently with reasonable or, 
71.28 	if the child is an Indian child, active efforts to reunify the child with the parent and must 
71.29 	begin as soon as possible when the child is in foster care under this chapter. Reasonable 
71.30 	efforts to finalize the adoption of the child include:
71.31 	(1) identifying an appropriate adoptive parent for the child by updating the child's 
71.32 	identified needs using the factors at section 260C.212, subdivision 2;
71.33 	(2) making an adoptive placement that meets the child's needs by:
71.34 	(i) completing the relative search and notice as required by section 260C.221; the 
71.35 	search and notice provisions of section 260C.221, do not have to be repeated by the 
72.1 	agency if there is an identified prospective adoptive placement supported by the agency 
72.2 	and the court has previously entered a finding that the agency made diligent efforts under 
72.3 	section 260C.201, subdivision 2, in a hearing required under section 260C.202;
72.4 	(ii) engaging with the child's foster parent and the child's relatives identified as an 
72.5 	adoptive resource during the search conducted under section 260C.221, to commit to 
72.6 	being the prospective adoptive parent of the child; or
72.7 	(iii) when there is no identified prospective adoptive parent:
72.8 	(A) registering the child on the state adoption exchange as required in section 259.75 
72.9 	unless the agency documents to the court the exception to placing the child on the state 
72.10 	adoption exchange reported to the commissioner;
72.11 	(B) reviewing and updating the relative search conducted under section 260C.221;
72.12 	(C) reviewing all families with approved adoption home studies associated with the 
72.13 	responsible social services agency;
72.14 	(D) presenting the child to adoption agencies and adoption personnel who may assist 
72.15 	with finding an adoptive home for the child;
72.16 	(E) using newspapers and other media to promote the particular child;
72.17 	(F) using a private agency under grant contract with the commissioner to provide 
72.18 	adoption services for intensive child-specific recruitment efforts; and
72.19 	(G) making any other efforts or using any other resources reasonably calculated to 
72.20 	identify a prospective adoption parent for the child;
72.21 	(3) updating and completing the social and medical history required under sections 
72.22 	259.43 and 260C.609;
72.23 	(4) making, and keeping updated, appropriate referrals required by section 260.851, 
72.24 	the Interstate Compact on the Placement of Children;
72.25 	(5) giving notice regarding the responsibilities of an adoptive parent to any 
72.26 	prospective adoptive parent as required under section 259.35;
72.27 	(6) offering the adoptive parent the opportunity to apply for or decline adoption 
72.28 	assistance under chapter 259A;
72.29 	(7) certifying the child for adoption assistance, assessing the amount of adoption 
72.30 	assistance, and ascertaining the status of the commissioner's decision on the level of 
72.31 	payment if the adopting parent has applied for adoption assistance;
72.32 	(8) placing the child with siblings; if the child is not placed with siblings, the agency 
72.33 	must document reasonable efforts to place the siblings together, as well as the reason for 
72.34 	separation; the agency may not cease reasonable efforts to place siblings together for final 
72.35 	adoption until the court finds further reasonable efforts would be futile or that placement 
72.36 	together for purposes of adoption is not in the best interests of one of the siblings; and 
73.1 	(9) working with the prospective adoptive parent to file a petition to adopt the child 
73.2 	and with the court administrator to obtain a timely hearing to finalize the adoption.
73.3 		Subd. 2.No waiver. (a) The responsible social services agency shall make 
73.4 	reasonable efforts to recruit, assess, and match an adoptive home for any child under 
73.5 	the guardianship of the commissioner and reasonable efforts shall continue until an 
73.6 	adoptive placement is made and adoption finalized or until the child is no longer under the 
73.7 	guardianship of the commissioner.
73.8 	(b) A child of any age who is under the guardianship of the commissioner and is 
73.9 	legally available for adoption may not refuse or waive the responsible social services 
73.10 	agency's reasonable efforts to recruit, identify, and place the child in an adoptive home 
73.11 	required under this section. The agency has an ongoing responsibility to work with the 
73.12 	child to explore the child's opportunities for adoption, and what adoption means for the 
73.13 	child, and may not accept a child's refusal to consider adoption as an option.
73.14 	(c) The court may not relieve or otherwise order the responsible social services 
73.15 	agency to cease fulfilling the responsible social services agency's duty regarding 
73.16 	reasonable efforts to recruit, identify, and place the child in an adoptive home.

73.17 	Sec. 50. [260C.607] REVIEW OF PROGRESS TOWARDS ADOPTION.
73.18 		Subdivision 1.Review hearings. (a) The court shall conduct a review of the 
73.19 	responsible social services agency's reasonable efforts to finalize adoption for any child 
73.20 	under the guardianship of the commissioner and of the progress of the case toward 
73.21 	adoption at least every 90 days after the court issues an order that the commissioner of 
73.22 	human services is the guardian of the child.
73.23 	(b) The review of progress towards adoption shall continue notwithstanding that an 
73.24 	appeal is made of the order for guardianship.
73.25 	(c) The agency's reasonable efforts to finalize the adoption must continue during the 
73.26 	pendency of the appeal and all progress toward adoption shall continue except that the 
73.27 	court may not finalize an adoption while the appeal is pending.
73.28 		Subd. 2.Notice. Notice of review hearings shall be given by the court to:
73.29 	(1) the current foster or adopting parent of the child;
73.30 	(2) any foster or adopting parents of siblings of the child;
73.31 	(3) relatives of the child who have kept the agency informed of their whereabouts 
73.32 	as required in section 260C.221, who have exercised contact or visitation with the child, 
73.33 	and who have responded to the agency's notice under section 260C.221, indicating 
73.34 	a willingness to provide an adoptive home for the child unless the relative has been 
73.35 	previously ruled out as a suitable adoptive parent for the child;
74.1 	(4) the child's guardian ad litem;
74.2 	(5) the responsible social services agency;
74.3 	(6) the child, if the child is age ten and older; and 
74.4 	(7) the Indian child's tribe, if applicable.
74.5 		Subd. 3.Right to participate. All individuals or entities listed in subdivision 2 may 
74.6 	participate in the continuing reviews conducted under this section. No other individuals or 
74.7 	entities are required to be given notice or to participate in the reviews unless the court 
74.8 	specifically orders the notice and participation.
74.9 		Subd. 4.Content of review. (a) The court shall review the agency's reasonable 
74.10 	efforts under section 260C.605 to finalize an adoption for the child as appropriate to 
74.11 	the stage of the case.
74.12 	(b) The court shall also review the child's current out-of-home placement plan 
74.13 	required under section 260C.212, subdivision 1, to ensure the child is receiving all services 
74.14 	and supports required to meet the child's needs as they relate to the child's:
74.15 	(1) placement;
74.16 	(2) visitation and contact with siblings;
74.17 	(3) visitation and contact with relatives;
74.18 	(4) medical, mental, and dental health; and
74.19 	(5) education.
74.20 	(c) When the child is age 16 and older and as long as the child continues in foster 
74.21 	care, the court shall also review the agency's compliance with planning for the child's 
74.22 	independent living after leaving foster care including how the agency is meeting the 
74.23 	requirements of section 260C.201, subdivision 1, paragraph (c), clause (11), according to 
74.24 	the review requirements of section 260C.203, in any review conducted under this section.
74.25 		Subd. 5.Required placement by responsible social services agency. (a) No 
74.26 	petition for adoption shall be filed for a child under the guardianship of the commissioner 
74.27 	unless the child sought to be adopted has been placed for adoption with the preadoptive 
74.28 	parent by the responsible social services agency.
74.29 	(b) Any relative who believes the responsible agency has not appropriately 
74.30 	considered them for adoptive placement as required under section 260C.212, subdivision 
74.31 	2, and wants to be considered for adoptive placement of the child must bring the relative's 
74.32 	request for consideration to the attention of the court during the reviews required 
74.33 	under this section. After hearing from the agency, the court may order the agency to 
74.34 	take appropriate action regarding the relative's request for consideration under section 
74.35 	260C.212, subdivision 2, paragraph (b).
75.1 		Subd. 6.Motion and hearing to order adoptive placement. (a) A relative may file 
75.2 	a motion for an order for adoptive placement of a child who is under the guardianship of 
75.3 	the commissioner of human services if the relative:
75.4 	(1) has an adoption home study under section 259.41 approving the relative for 
75.5 	adoption and has been a resident of Minnesota for at least six months prior to filing the 
75.6 	motion; or
75.7 	(2) who is not a resident of Minnesota, has an approved adoption home study by 
75.8 	an agency licensed or approved to complete an adoption home study in the state of the 
75.9 	relative's residence and the study is filed with the motion for adoptive placement.
75.10 	(b) Upon motion and hearing, if the court finds that a relative is the most suitable 
75.11 	adoptive home to meet the child's needs using the factors at section 260C.212, subdivision 
75.12 	2, paragraph (b), the court may order the responsible social services agency to make an 
75.13 	adoptive placement in the home of the relative.
75.14 	(c) When the court orders the agent of the commissioner to make an adoptive 
75.15 	placement under this subdivision, the agent shall make reasonable efforts to obtain a fully 
75.16 	executed adoption placement agreement so that an adoptive placement may occur and an 
75.17 	adoption petition may be filed regarding the child in a timely manner.
75.18 		Subd. 7.Changing adoptive plan when parent has consented to adoption.
 75.19 	When the child's parent has consented to adoption under section 260C.515, subdivision 3, 
75.20 	only the person identified by the parent and agreed to by the agency as the prospective 
75.21 	adoptive parent qualifies for adoptive placement of the child until the responsible social 
75.22 	services agency has reported to the court and the court has found in a hearing under this 
75.23 	section that it is not possible for that person to adopt the child or that the matter is not 
75.24 	progressing such that the adoption of the child could reasonably be expected to finalize 
75.25 	within six months of adoptive placement.
75.26 		Subd. 8.Hearing when time for filing adoption petition not met. If an adoption 
75.27 	petition is not filed within six months of the execution of the adoption placement 
75.28 	agreement as required under section 260C.613, subdivision 1, and after giving the 
75.29 	preadoptive parent written notice of its request together with the date and time of the 
75.30 	hearing set to consider its report, the responsible social services agency shall file a report 
75.31 	requesting an order for one of the following:
75.32 	(1) that the time for filing a petition be extended because of the child's special needs 
75.33 	as defined under title IV-E of the Social Security Act, United States Code, title 42, section 
75.34 	673;
75.35 	(2) that, based on a written plan for completing filing of the petition, including a 
75.36 	specific timeline, to which the preadoptive parent has agreed, the time for filing a petition 
76.1 	be extended long enough to complete the plan because an extension is in the best interests 
76.2 	of the child and additional time is needed for the child to adjust to the adoptive home; or
76.3 	(3) that the child be removed from the preadoptive home.
76.4 		Subd. 9.Findings of fact and order by court. At the conclusion of the review 
76.5 	the court shall issue findings, issue appropriate orders for the parties, and set the date and 
76.6 	time for the next review hearing.
76.7 		Subd. 10.Timing modified. (a) The court may review the responsible social 
76.8 	services agency's reasonable efforts to finalize an adoption more frequently than every 
76.9 	90 days whenever more frequent review would assist in the matter progressing toward 
76.10 	adoption.
76.11 	(b) In appropriate cases, the court may review the responsible social services 
76.12 	agency's reasonable efforts to finalize an adoption less frequently than every 90 days. The 
76.13 	court shall not find it appropriate to review progress toward adoption less frequently 
76.14 	than every 90 days except when:
76.15 	(1) the court has approved the agency's reasonable efforts to recruit, identify, and 
76.16 	place the child in an adoptive home on a continuing basis for at least 24 months after the 
76.17 	court has issued the order for guardianship;
76.18 	(2) the child is at least 16 years old; and
76.19 	(3) the child's guardian ad litem agrees that review less frequently than every 90 
76.20 	days is in the child's best interests.
76.21 	(c) In no event shall the court's review be less frequent than every six months.

76.22 	Sec. 51. [260C.609] SOCIAL AND MEDICAL HISTORY.
76.23 	(a) The responsible social services agency shall work with the birth family of the 
76.24 	child, foster family, medical and treatment providers, and the child's school or schools to 
76.25 	ensure there is a detailed, thorough, and currently up-to-date social and medical history of 
76.26 	the child as required under section 259.43 on the forms required by the commissioner.
76.27 	(b) When the child continues in foster care, the agency's reasonable efforts to 
76.28 	complete the history shall begin no later than the permanency progress review hearing 
76.29 	required under section 260C.204 or six months after the child's placement in foster care.
76.30 	(c) The agency shall thoroughly discuss the child's history with the adopting parent 
76.31 	of the child and shall give a copy of the report of the child's social and medical history 
76.32 	to the adopting parent. A copy of the child's social and medical history may also be 
76.33 	given to the child as appropriate.
77.1 	(d) The report shall not include information that identifies birth relatives. Redacted 
77.2 	copies of all the child's relevant evaluations, assessments, and records must be attached 
77.3 	to the social and medical history.

77.4 	Sec. 52. [260C.611] ADOPTION STUDY REQUIRED.
77.5 	An adoption study under section 259.41 approving placement of the child in the 
77.6 	home of the prospective adoptive parent shall be completed prior to placing any child 
77.7 	under the guardianship of the commissioner in any home for adoption. A child under the 
77.8 	guardianship of the commissioner shall not be moved to a home unless there is an adoption 
77.9 	study approving the home for adoption of the child. If a prospective adoptive parent has 
77.10 	also been the foster parent, any update necessary to a home study for the purpose of 
77.11 	adoption must be completed by the licensing authority responsible for the foster parent's 
77.12 	license. If a prospective adoptive parent with an approved adoptive home study also 
77.13 	applies for a foster care license, the license application must be made with the same 
77.14 	agency that provided the adoptive home study.

77.15 	Sec. 53. [260C.613] DUTIES AND OBLIGATIONS OF RESPONSIBLE SOCIAL 
77.16 	SERVICES AGENCY AS COMMISSIONER'S AGENT.
77.17 		Subdivision 1.Adoptive placement decisions. (a) The responsible social services 
77.18 	agency has exclusive authority to make an adoptive placement of a child under the 
77.19 	guardianship of the commissioner. The child shall be considered placed for adoption when 
77.20 	the adopting parent, the agency, and the commissioner have fully executed an adoption 
77.21 	placement agreement.
77.22 	(b) The responsible social services agency shall use an individualized determination 
77.23 	of the child's current needs pursuant to section 260C.212, subdivision 2, paragraph (b), to 
77.24 	determine the most suitable adopting parent for the child in the child's best interests.
77.25 	(c) The responsible social services agency shall notify the court and parties entitled 
77.26 	to notice under section 260C.627 when it has a fully executed adoption placement 
77.27 	agreement for the child.
77.28 	(d) In the event an adoption placement agreement terminates, the responsible social 
77.29 	services agency shall notify the court, the parties entitled to notice under section 260C.627 
77.30 	and the commissioner that the agreement and the adoptive placement have terminated.
77.31 		Subd. 2.Disclosure of data permitted to identify adoptive parent. The 
77.32 	responsible social services agency may disclose private data, as defined in section 13.02, to 
77.33 	prospective adoptive parents for the purpose of identifying an adoptive parent willing and 
77.34 	able to meet the child's needs as outlined in section 260C.212, subdivision 2, paragraph (b).
78.1 		Subd. 3.Siblings placed together. The responsible social services agency shall 
78.2 	place siblings together in the adoptive home according to section 260.012, paragraph (e), 
78.3 	clause (4), unless the court makes findings required under section 260C.617, and the 
78.4 	court orders the adoption or progress towards adoption of the child or children under the 
78.5 	court's jurisdiction may proceed notwithstanding that the adoption will result in siblings 
78.6 	being separated.
78.7 		Subd. 4.Other considerations. Placement of a child cannot be delayed or denied 
78.8 	based on the race, color, or national origin of the prospective parent or the child.
78.9 		Subd. 5.Required record keeping. The responsible social services agency 
78.10 	shall document, in the records required to be kept under section 259.79, the reasons 
78.11 	for the adoptive placement decision regarding the child, including the individualized 
78.12 	determination of the child's needs based on the eight factors in section 260C.212, 
78.13 	subdivision 2, paragraph (b), and the assessment of how the selected adoptive placement 
78.14 	meets the identified needs of the child. The responsible social services agency shall 
78.15 	retain in the records required to be kept under section 259.79, copies of all out-of-home 
78.16 	placement plans made since the child was ordered under guardianship of the commissioner 
78.17 	and all court orders from reviews conducted pursuant to section 260C.607.
78.18 		Subd. 6.Death notification. (a) The responsible social services agency shall inform 
78.19 	parents who adopt a child that they must notify the agency if the child dies. The agency 
78.20 	also shall inform the adoptive parents that the adoptive parents of an adopted child under 
78.21 	age 19 or an adopted person age 19 or older may maintain a current address on file with 
78.22 	the agency and indicate a desire to be notified if the agency receives information of the 
78.23 	death of a birth parent. The agency shall inform birth parents who are entitled to notice 
78.24 	under section 259.27, that the agency will notify them of the child's death and the cause 
78.25 	of death, if known, provided that the birth parents desire notice and maintain current 
78.26 	addresses on file with the agency. The agency shall inform birth parents entitled to notice 
78.27 	under section 259.27, that they may designate individuals to notify the agency if a birth 
78.28 	parent dies and that the agency receiving information of the birth parent's death will share 
78.29 	it with adoptive parents, if the adopted person is under age 19, or an adopted person age 
78.30 	19 or older who has indicated a desire to be notified of the death of a birth parent and who 
78.31 	maintains a current address on file with the agency.
78.32 	(b) Notice to a birth parent that a child has died or to the adoptive parents or an 
78.33 	adopted person age 19 or older that a birth parent has died shall be provided by an 
78.34 	employee of the agency through personal, confidential contact, not by mail.
78.35 		Subd. 7.Terminal illness notification. If a birth parent or the child is terminally ill, 
78.36 	the responsible social services agency shall inform the adoptive parents and birth parents 
79.1 	of a child who is adopted that the birth parents, the adoptive parents of an adopted person 
79.2 	under age 19, or an adopted person age 19 or older may request to be notified of the 
79.3 	terminal illness. The agency shall notify the other parties if a request is received under 
79.4 	this subdivision and upon a party's request the agency shall share information regarding a 
79.5 	terminal illness with the adoptive or birth parents or an adopted person age 19 or older.

79.6 	Sec. 54. [260C.615] DUTIES AND OBLIGATIONS OF COMMISSIONER.
79.7 		Subdivision 1.Duties and obligations. (a) For any child who is under the 
79.8 	guardianship of the commissioner, the commissioner has the exclusive rights to consent to:
79.9 	(1) a physician's order not to resuscitate or intubate the child; and 
79.10 	(2) the child donating a part of the child's body to another person while the child 
79.11 	is living.
79.12 	(b) In addition to the exclusive rights under paragraph (a), the commissioner has the 
79.13 	duties and obligations to:
79.14 	(1) process any complete and accurate request for home study through the Interstate 
79.15 	Compact on the Placement of Children under section 260.851;
79.16 	(2) process any complete and accurate application for adoption assistance forwarded 
79.17 	by the responsible social services agency;
79.18 	(3) complete the execution of an adoption placement agreement forwarded to the 
79.19 	commissioner by the agency and return it to the agency in a timely fashion provided that 
79.20 	the agreement is otherwise fully complete and accurate; and
79.21 	(4) maintain records as required in chapter 259.
79.22 		Subd. 2.Duties not reserved. All duties, obligations, and consents not specifically 
79.23 	reserved to the commissioner in this section are delegated to the responsible social 
79.24 	services agency.

79.25 	Sec. 55. [260C.617] SIBLING PLACEMENT.
79.26 	(a) The responsible social services agency shall make every effort to place siblings 
79.27 	together for adoption.
79.28 	(b) The court shall review any proposal by the responsible social services agency to 
79.29 	separate siblings for purposes of adoption.
79.30 	(c) If there is venue in more than one county for matters regarding siblings who are 
79.31 	under the guardianship of the commissioner, the judges conducting reviews regarding 
79.32 	the siblings shall communicate with each other about the siblings' needs and, where 
79.33 	appropriate, shall conduct review hearings in a manner that assures coordinated planning 
79.34 	by agencies involved in decision making for the siblings.
80.1 	(d) After notice to the individuals and entities listed in section 260C.627, and any 
80.2 	foster, adopting, or adoptive parents of the child's siblings, and hearing, the court may 
80.3 	determine that a child or children under the court's jurisdiction may be separated from the 
80.4 	child's or children's sibling or siblings for adoption when:
80.5 	(1) the responsible social services agency or agencies have made reasonable efforts 
80.6 	to place the siblings together, and after finding reasonable efforts have been made, the 
80.7 	court finds further efforts would significantly delay the adoption of one or more of the 
80.8 	siblings and, are therefore, not in the best interests of one or more of the siblings; or
80.9 	(2) the court determines it is not in the best interests of one or more of the siblings 
80.10 	to be placed together after reasonable efforts by the responsible social services agency 
80.11 	or agencies to place the siblings together.

80.12 	Sec. 56. [260C.619] COMMUNICATION AND CONTACT AGREEMENTS.
80.13 	(a) An adopting parent and a relative or foster parent may enter into an agreement 
80.14 	regarding communication with or contact between the adopted child, adopting parent, and 
80.15 	the relative or foster parent. An agreement may be entered between:
80.16 	(1) an adoptive parent and a birth parent;
80.17 	(2) an adoptive parent and any relative or foster parent with whom the child resided 
80.18 	before being adopted;
80.19 	(3) an adoptive parent and the parent or legal custodian of a sibling of the child, if 
80.20 	the sibling is a minor, or any adult sibling of the child.
80.21 	(b) An agreement regarding communication with or contact between the child, 
80.22 	adoptive parents, and a relative or foster parent is enforceable when the terms of the 
80.23 	agreement are contained in a written court order entered in accordance with this section. 
80.24 	An order may be entered at the time the decree of adoption is granted and the order 
80.25 	granting the communication, contact, or visitation shall be filed in the adoption file. 
80.26 	A copy of the written order incorporating the agreement shall be served by the court 
80.27 	administrator on the parties to the agreement. Service shall be completed in a manner that 
80.28 	maintains the confidentiality of confidential information. The order must be issued by 
80.29 	the time of the granting of the decree of adoption. The court shall not enter a proposed 
80.30 	order unless the terms of the order have been approved in writing by the prospective 
80.31 	adoptive parents, the birth relative or the foster parent who desires to be a party to the 
80.32 	agreement and the responsible social services agency. An agreement under this section 
80.33 	need not disclose the identity of the parties to be legally enforceable and when the identity 
80.34 	of the parties to the agreement is not disclosed, data about the identities in the adoption 
80.35 	file shall remain confidential. The court shall not enter a proposed order unless the court 
81.1 	finds that the communication or contact between the minor adoptee, the adoptive parents, 
81.2 	and the relative or foster parents, as agreed upon and contained in the proposed order, 
81.3 	would be in the child's best interests. The court shall mail a certified copy of the order 
81.4 	to the parties to the agreement or their representatives at the addresses provided by the 
81.5 	parties to the agreement.
81.6 	(c) Failure to comply with the terms of an agreed order regarding communication or 
81.7 	contact that has been entered by the court under this section is not grounds for:
81.8 	(1) setting aside an adoption decree; or
81.9 	(2) revocation of a written consent to an adoption after that consent has become 
81.10 	irrevocable.
81.11 	(d) An agreed order entered under this section may be enforced by filing a motion in 
81.12 	the existing adoption file with the court that entered the contact agreement. Any party to 
81.13 	the communication or contact order has standing to file the motion to enforce the order. 
81.14 	The prevailing party may be awarded reasonable attorney fees and costs. 
81.15 	(e) The court shall not modify an agreed order under this section unless it finds that 
81.16 	the modification is necessary to serve the best interests of child, and:
81.17 	(1) the modification is agreed to by the parties to the agreement; or
81.18 	(2) exceptional circumstances have arisen since the agreed order was entered that 
81.19 	justified modification of the order.

81.20 	Sec. 57. [260C.621] JURISDICTION AND VENUE.
81.21 		Subdivision 1.Jurisdiction. (a) The juvenile court has original jurisdiction for 
81.22 	all adoption proceedings involving the adoption of a child under the guardianship of 
81.23 	the commissioner of human services including when the commissioner approves the 
81.24 	placement of the child through the Interstate Compact on the Placement of Children under 
81.25 	section 260.851 for adoption outside the state of Minnesota and an adoption petition is 
81.26 	filed in Minnesota.
81.27 	(b) The receiving state also has jurisdiction to conduct an adoption proceeding for 
81.28 	a child under the guardianship of the commissioner when the preadoptive home was 
81.29 	approved by the receiving state through the interstate compact.
81.30 		Subd. 2.Venue. (a) Venue for the adoption of a child committed to the guardianship 
81.31 	of the commissioner of human services shall be the court conducting reviews in the matter 
81.32 	according to section 260C.607.
81.33 	(b) Upon request of the responsible social services agency, the court conducting 
81.34 	reviews under section 260C.607, may order that filing an adoption petition involving a 
82.1 	child under the guardianship of the commissioner be permitted in the county where the 
82.2 	adopting parent resides upon determining that:
82.3 	(1) there is no motion for an order for adoptive placement of the child that has been 
82.4 	filed or is reasonably anticipated by the responsible social services agency to be filed; and
82.5 	(2) filing the petition in the adopting parent's county of residence will expedite the 
82.6 	proceedings and serve the best interests of the child.
82.7 	(c) When the court issues an order under paragraph (b), a copy of the court order 
82.8 	shall be filed together with the adoption petition in the court of the adopting parent's 
82.9 	county of residence.
82.10 	(d) The court in the adopting parent's county of residence shall notify the court 
82.11 	continuing to conduct reviews under section 260C.607 when the adoption is finalized so 
82.12 	that the court conducting reviews under section 260C.607 may close its jurisdiction and 
82.13 	the court record, including the court's electronic case management system, in the county 
82.14 	conducting the review, shall reflect that adoption of the child was finalized.

82.15 	Sec. 58. [260C.623] ADOPTION PETITION.
82.16 		Subdivision 1.Who may petition. (a) The responsible social services agency 
82.17 	may petition for an individual to adopt a child who is under the guardianship of the 
82.18 	commissioner when the responsible social services agency has made the adoptive 
82.19 	placement under section 260C.613, subdivision 1. The petition shall contain or have 
82.20 	attached a statement certified by the adopting parent or parents that the adopting parent 
82.21 	desires or parents' desire that the relationship of parent and child be established between 
82.22 	the adopting parent or parents and the child and that adoption is in the best interests of 
82.23 	the child.
82.24 	(b) An individual with whom the responsible social services agency has made an 
82.25 	adoptive placement may petition the court for adoption of the child.
82.26 	(c) An adopting parent must be at least 21 years of age at the time the adoption 
82.27 	petition is filed unless the adopting parent is an individual related to the child, as defined 
82.28 	by section 245A.02, subdivision13.
82.29 	(d) The petition may be filed in Minnesota whether the adopting parent resides 
82.30 	within or outside the state.
82.31 		Subd. 2.Time for filing petition. An adoption petition shall be filed not later 
82.32 	than six months after a child is placed in an adoptive home and the adoption placement 
82.33 	agreement signed.
82.34 		Subd. 3.Requirements of petition. (a) The petition shall be captioned in the legal 
82.35 	name of the child as that name is reflected on the child's birth record prior to adoption and 
83.1 	shall be entitled "Petition to Adopt Child under the Guardianship of the Commissioner 
83.2 	of Human Services." The actual name of the child shall be supplied to the court by the 
83.3 	responsible social services agency if unknown to the individual with whom the agency 
83.4 	has made the adoptive placement.
83.5 	(b) The adoption petition shall be verified as required in section 260C.141, 
83.6 	subdivision 4, and, if filed by the responsible social services agency, signed by the county 
83.7 	attorney.
83.8 	(c) The petition shall state:
83.9 	(1) the full name, age, and place of residence of the adopting parent;
83.10 	(2) if the adopting parents are married, the date and place of marriage;
83.11 	(3) the date the adopting parent acquired physical custody of the child;
83.12 	(4) the date of the adoptive placement by the responsible social services agency;
83.13 	(5) the date of birth of the child, if known, and the county, state, and country where 
83.14 	born;
83.15 	(6) the name to be given the child, if a change of name is desired;
83.16 	(7) the description and value of any real or personal property owned by the child;
83.17 	(8) the relationship of the adopting parent to the child prior to adoption, if any;
83.18 	(9) whether the Indian Child Welfare Act does or does not apply; and
83.19 	(10) the name and address of:
83.20 	(i) the child's guardian ad litem;
83.21 	(ii) the adoptee, if age ten or older;
83.22 	(iii) the child's Indian tribe, if the child is an Indian child; and
83.23 	(iv) the responsible social services agency.
83.24 	(d) A petition may ask for the adoption of two or more children.
83.25 	(e) If a petition is for adoption by a married person, both spouses must sign the 
83.26 	petition indicating willingness to adopt the child and the petition must ask for adoption by 
83.27 	both spouses unless the court approves adoption by only one spouse when spouses do not 
83.28 	reside together or for other good cause shown.
83.29 	(f) If the petition is for adoption by a person residing outside the state, the adoptive 
83.30 	placement must have been approved by the state where the person is a resident through the 
83.31 	Interstate Compact on the Placement of Children, sections 260.851 to 260.92.
83.32 		Subd. 4.Attachments to the petition. The following must be filed with the petition:
83.33 	(1) the adoption study report required under section 259.41;
83.34 	(2) the social and medical history required under sections 259.43 and 260C.609; and
84.1 	(3) a document prepared by the petitioner that establishes who must be given notice 
84.2 	under section 260C.627, subdivision 1, that includes the names and mailing addresses of 
84.3 	those to be served by the court administrator.

84.4 	Sec. 59. [260C.625] OTHER DOCUMENTS TO BE FILED.
84.5 	(a) The following shall be filed by the responsible social services agency prior to 
84.6 	finalization of the adoption:
84.7 	(1) a certified copy of the child's birth record;
84.8 	(2) a certified copy of the findings and order terminating parental rights or order 
84.9 	accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for 
84.10 	guardianship to the commissioner of human services;
84.11 	(3) a copy of any communication or contact agreement under section 260C.619;
84.12 	(4) certification that the Minnesota Fathers' Adoption Registry has been searched;
84.13 	(5) the original of each consent to adoption required, if any, unless the original was 
84.14 	filed in the permanency proceeding conducted under section 260C.515, subdivision 3, and 
84.15 	the order filed under clause (2) has a copy of the consent attached; and
84.16 	(6) the postplacement assessment report required under section 259.53, subdivision 
84.17 	2.
84.18 	(b) The responsible social services agency shall provide any known aliases of the 
84.19 	child to the court.

84.20 	Sec. 60. [260C.627] NOTICE OF ADOPTION PROCEEDINGS.
84.21 		Subdivision 1.To whom given. (a) Notice of the adoption proceedings shall not 
84.22 	be given to any parent whose rights have been terminated or who has consented to the 
84.23 	adoption of the child under this chapter.
84.24 	(b) Notice of the adoption proceedings shall be given by the court administrator to 
84.25 	the following:
84.26 	(1) the child's tribe if the child is an Indian child;
84.27 	(2) the responsible social services agency, if the agency is not the petitioner;
84.28 	(3) the child's guardian ad litem;
84.29 	(4) the child, if the child is age ten or over;
84.30 	(5) the adopting parent, if the adopting parent is not the petitioner; and
84.31 	(6) the petitioner.
84.32 	(c) The child's tribe shall receive notice from the responsible social services agency 
84.33 	pursuant to section 260.761, subdivision 3, if the child is an Indian child.
85.1 	(d) Notice of a hearing regarding the adoption petition shall have a copy of the 
85.2 	petition attached unless service of the petition has already been accomplished.
85.3 		Subd. 2.Method of service by court administration. The court administrator 
85.4 	may serve notice of adoption proceedings for a child under the guardianship of the 
85.5 	commissioner of human services by United States mail or any other method approved by 
85.6 	the Minnesota Rules of Adoption Procedure.

85.7 	Sec. 61. [260C.629] FINALIZATION HEARING.
85.8 		Subdivision 1.Consent. (a) A parent whose rights to the child have not been 
85.9 	terminated must consent to the adoption of the child. A parent may consent to the adoption 
85.10 	of the child under section 260C.515, subdivision 3, and that consent shall be irrevocable 
85.11 	upon acceptance by the court except as otherwise provided in section 260C.515, 
85.12 	subdivision 3, clause (2)(i). A parent of an Indian child may consent to the adoption of 
85.13 	the child according to United States Code, title 25, section 1913, and that consent may be 
85.14 	withdrawn for any reason at any time prior to the entry of a final decree of adoption.
85.15 	(b) When the child to be adopted is age 16 years or older, the child's written consent 
85.16 	to adoption by a particular person is required.
85.17 	(c) Consent by the responsible social services agency or the commissioner is not 
85.18 	required when the adoptive placement has been made by the responsible social services 
85.19 	agency. Adoptive placement is made by the responsible social services agency upon a 
85.20 	fully executed adoption placement agreement including the signatures of the adopting 
85.21 	parent, the responsible social services agency, and the commissioner of human services 
85.22 	according to section 260C.613, subdivision 1.
85.23 		Subd. 2.Required documents. In order to issue a decree for adoption and enter 
85.24 	judgment accordingly, the court must have the following documents in the record:
85.25 	(1) original birth record of the child;
85.26 	(2) adoption study report including a background study required under section 
85.27 	259.41;
85.28 	(3) a certified copy of the findings and order terminating parental rights or order 
85.29 	accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for 
85.30 	guardianship to the commissioner of human services;
85.31 	(4) any consents required under subdivision 1;
85.32 	(5) child's social and medical history under section 260C.609;
85.33 	(6) postplacement assessment report required under section 259.53, subdivision 2, 
85.34 	unless waived by the court on the record at a hearing under section 260C.607; and
85.35 	(7) report from the child's guardian ad litem.

86.1 	Sec. 62. [260C.631] JUDGMENT AND DECREE.
86.2 	(a) After taking testimony from the responsible social services agency, which may 
86.3 	be by telephone or affidavit if the court has transferred venue of the matter to a county 
86.4 	not conducting the posttermination of parental rights reviews under section 260C.607, 
86.5 	and the adopting parent, if the court finds that it is in the best interests of the child that 
86.6 	the petition be granted, a decree of adoption shall be issued ordering that the child to be 
86.7 	adopted shall be the child of the petitioner. In the decree the court may change the name of 
86.8 	the adopted child, if a name change is requested.
86.9 	(b) After the decree is granted, the court administrator shall mail a copy of the decree 
86.10 	to the commissioner of human services.

86.11 	Sec. 63. [260C.633] ADOPTION DENIED.
86.12 	If the court is not satisfied that the proposed adoption is in the best interests of the 
86.13 	child to be adopted, the court shall deny the petition, and order the responsible social 
86.14 	services agency to take appropriate action for the protection and safety of the child. If 
86.15 	venue has been transferred under section 260C.621, subdivision 2, the court denying the 
86.16 	petition shall return venue to the court originally conducting the guardianship reviews 
86.17 	under section 260C.607.

86.18 	Sec. 64. [260C.635] EFFECT OF ADOPTION.
86.19 		Subdivision 1.Legal effect. (a) Upon adoption, the adopted child becomes the legal 
86.20 	child of the adopting parent and the adopting parent becomes the legal parent of the child 
86.21 	with all the rights and duties between them of a birth parent and child.
86.22 	(b) The child shall inherit from the adoptive parent and the adoptive parent's 
86.23 	relatives the same as though the child were the birth child of the parent, and in case of the 
86.24 	child's death intestate, the adoptive parent and the adoptive parent's relatives shall inherit 
86.25 	the child's estate as if the child had been the adoptive parent's birth child.
86.26 	(c) After a decree of adoption is entered, the birth parents or previous legal parents 
86.27 	of the child shall be relieved of all parental responsibilities for the child except child 
86.28 	support that has accrued to the date of the order for guardianship to the commissioner 
86.29 	which continues to be due and owing. The child's birth or previous legal parent shall not 
86.30 	exercise or have any rights over the adopted child or the adopted child's property, person, 
86.31 	privacy, or reputation.
86.32 	(d) The adopted child shall not owe the birth parents or the birth parents' relatives 
86.33 	any legal duty nor shall the adopted child inherit from the birth parents or kindred unless 
86.34 	otherwise provided for in a will of the birth parent or kindred.
87.1 		Subd. 2.Enrollment in American Indian tribe. Notwithstanding the provisions 
87.2 	of subdivision 1, the adoption of a child whose birth parent or parents are enrolled in an 
87.3 	American Indian tribe shall not change the child's enrollment in that tribe.
87.4 		Subd. 3.Communication or contact agreements. This section does not prohibit 
87.5 	birth parents, relatives, and adoptive parents from entering a communication or contact 
87.6 	agreement under section 260C.619.

87.7 	ARTICLE 3
87.8 	TECHNICAL AND CONFORMING AMENDMENTS

87.9 	Section 1. Minnesota Statutes 2010, section 257.01, is amended to read:
87.10 	257.01 RECORDS REQUIRED.
87.11 	Each person or authorized child-placing agency permitted by law to receive children, 
87.12 	secure homes for children, or care for children, shall keep a record containing the name, 
87.13 	age, former residence, legal status, health records, sex, race, and accumulated length of 
87.14 	time in foster care, if applicable, of each child received; the name, former residence, 
87.15 	occupation, health history, and character, of each birth parent; the date of reception, 
87.16 	placing out, and adoption of each child, and the name, race, occupation, and residence of 
87.17 	the person with whom a child is placed; the date of the removal of any child to another 
87.18 	home and the reason for removal; the date of termination of the guardianship; the history 
87.19 	of each child until the child reaches the age of 18 21 years, is legally adopted, or is 
87.20 	discharged according to law; and further demographic and other information as is required 
87.21 	by the commissioner of human services.

87.22 	Sec. 2. Minnesota Statutes 2010, section 259.22, subdivision 2, is amended to read:
87.23 		Subd. 2.Persons who may be adopted. No petition for adoption shall be filed 
87.24 	unless the person sought to be adopted has been placed by the commissioner of human 
87.25 	services, the commissioner's agent, or a licensed child-placing agency. The provisions of 
87.26 	this subdivision shall not apply if:
87.27 	(1) the person to be adopted is over 1416 years of age;
87.28 	(2) the child is sought to be adopted by an individual who is related to the child, as 
87.29 	defined by section 245A.02, subdivision 13;
87.30 	(3) (2) the child has been lawfully placed under the laws of another state while the 
87.31 	child and petitioner resided in that other state;
88.1 	(4) (3) the court waives the requirement of this subdivision in the best interests of 
88.2 	the child or petitioners, provided that the adoption does not involve a placement as defined 
88.3 	in section 259.21, subdivision 8; or
88.4 	(5) (4) the child has been lawfully placed under section 259.47.

88.5 	Sec. 3. Minnesota Statutes 2010, section 259.23, subdivision 1, is amended to read:
88.6 		Subdivision 1.Venue. (a) Except as provided in section 260C.101, subdivision 2, 
88.7 	The juvenile court shall have original jurisdiction in all adoption proceedings. The proper 
88.8 	venue for an adoption proceeding shall be the county of the petitioner's residence, except 
88.9 	as provided in paragraph (b) section 260C.621, subdivision 2, for the adoption of children 
88.10 	under the guardianship of the commissioner.
88.11 	(b) Venue for the adoption of a child committed to the guardianship of the 
88.12 	commissioner of human services shall be the county with jurisdiction in the matter 
88.13 	according to section 260C.317, subdivision 3.
88.14 	(c) Upon request of the petitioner, the court having jurisdiction over the matter under 
88.15 	section 260C.317, subdivision 3, may transfer venue of an adoption proceeding involving 
88.16 	a child under the guardianship of the commissioner to the county of the petitioner's 
88.17 	residence upon determining that:
88.18 	(1) the commissioner has given consent to the petitioner's adoption of the child 
88.19 	or that consent is unreasonably withheld;
88.20 	(2) there is no other adoption petition for the child that has been filed or is reasonably 
88.21 	anticipated by the commissioner or the commissioner's delegate to be filed; and
88.22 	(3) transfer of venue is in the best interests of the child.
88.23 	Transfer of venue under this paragraph shall be according to the rules of adoption court 
88.24 	procedure.
88.25 	(d) (b) In all other adoptions under this chapter, if the petitioner has acquired a new 
88.26 	residence in another county and requests a transfer of the adoption proceeding, the court in 
88.27 	which an adoption is initiated may transfer the proceeding to the appropriate court in the 
88.28 	new county of residence if the transfer is in the best interests of the person to be adopted. 
88.29 	The court transfers the proceeding by ordering a continuance and by forwarding to the 
88.30 	court administrator of the appropriate court a certified copy of all papers filed, together 
88.31 	with an order of transfer. The transferring court also shall forward copies of the order 
88.32 	of transfer to the commissioner of human services and any agency participating in the 
88.33 	proceedings. The judge of the receiving court shall accept the order of the transfer and any 
88.34 	other documents transmitted and hear the case; provided, however, the receiving court 
88.35 	may in its discretion require the filing of a new petition prior to the hearing.

89.1 	Sec. 4. Minnesota Statutes 2010, section 259.24, subdivision 1, is amended to read:
89.2 		Subdivision 1.Exceptions. No child shall be adopted without the consent of the 
89.3 	child's parents and the child's guardian, if there be one, except in the following instances:
89.4 	(a) (1) Consent shall not be required of a parent not entitled to notice of the 
89.5 	proceedings.
89.6 	(b) (2) Consent shall not be required of a parent who has abandoned the child, or 
89.7 	of a parent who has lost custody of the child through a divorce decree or a decree of 
89.8 	dissolution, and upon whom notice has been served as required by section 259.49.
89.9 	(c) (3) Consent shall not be required of a parent whose parental rights to the child 
89.10 	have been terminated by a juvenile court or who has lost custody of a child through a final 
89.11 	commitment of the juvenile court or through a decree in a prior adoption proceeding.
89.12 	(d) If there be no parent or guardian qualified to consent to the adoption, the 
89.13 	consent shall be given by the commissioner. After the court accepts a parent's consent 
89.14 	to the adoption under section 260C.201, subdivision 11, consent by the commissioner 
89.15 	or commissioner's delegate is also necessary. Agreement to the identified prospective 
89.16 	adoptive parent by the responsible social services agency under section 260C.201, 
89.17 	subdivision 11, does not constitute the required consent.
89.18 	(e) (4) The commissioner or agency having authority to place a child for adoption 
89.19 	pursuant to section 259.25, subdivision 1, shall have the exclusive right to consent to the 
89.20 	adoption of such child. The commissioner or agency shall make every effort to place 
89.21 	siblings together for adoption. Notwithstanding any rule to the contrary, the commissioner 
89.22 	may delegate the right to consent to the adoption or separation of siblings, if it is in the 
89.23 	child's best interest, to a local social services agency.

89.24 	Sec. 5. Minnesota Statutes 2010, section 259.24, subdivision 3, is amended to read:
89.25 		Subd. 3.Child. When the child to be adopted is over 14 16 years of age, the child's 
89.26 	written consent to adoption by a particular person is also necessary. A child of any age 
89.27 	who is under the guardianship of the commissioner and is legally available for adoption 
89.28 	may not refuse or waive the commissioner's agent's exhaustive efforts to recruit, identify, 
89.29 	and place the child in an adoptive home required under section 260C.317, subdivision 
89.30 	3, paragraph (b), or sign a document relieving county social services agencies of all 
89.31 	recruitment efforts on the child's behalf.

89.32 	Sec. 6. Minnesota Statutes 2010, section 259.24, subdivision 5, is amended to read:
89.33 		Subd. 5.Execution. All consents to an adoption shall be in writing, executed 
89.34 	before two competent witnesses, and acknowledged by the consenting party. In addition, 
90.1 	all consents to an adoption, except those by the commissioner, the commissioner's agent, 
90.2 	a licensed child-placing agency, an adult adoptee, or the child's parent in a petition for 
90.3 	adoption by a stepparent, shall be executed before a representative of the commissioner, 
90.4 	the commissioner's agent, or a licensed child-placing agency. All consents by a parent
90.5 	to adoption under this chapter:
90.6 	(1) shall contain notice to the parent of the substance of subdivision 6a, providing 
90.7 	for the right to withdraw consent unless the parent will not have the right to withdraw 
90.8 	consent because consent was executed under section 260C.201, subdivision 11, following 
90.9 	proper notice that consent given under that provision is irrevocable upon acceptance by 
90.10 	the court as provided in subdivision 6a; and
90.11 	(2) shall contain the following written notice in all capital letters at least one-eighth 
90.12 	inch high:
90.13 	"This agency will submit your consent to adoption to the court. The consent itself 
90.14 	does not terminate your parental rights. Parental rights to a child may be terminated only 
90.15 	by an adoption decree or by a court order terminating parental rights. Unless the child is 
90.16 	adopted or your parental rights are terminated, you may be asked to support the child."
90.17 	Consents shall be filed in the adoption proceedings at any time before the matter 
90.18 	is heard provided, however, that a consent executed and acknowledged outside of this 
90.19 	state, either in accordance with the law of this state or in accordance with the law of the 
90.20 	place where executed, is valid.

90.21 	Sec. 7. Minnesota Statutes 2010, section 259.24, subdivision 6a, is amended to read:
90.22 		Subd. 6a.Withdrawal of consent. Except for consents executed under section 
90.23 	260C.201, subdivision 11, A parent's consent to adoption under this chapter may be 
90.24 	withdrawn for any reason within ten working days after the consent is executed and 
90.25 	acknowledged. Written notification of withdrawal of consent must be received by the 
90.26 	agency to which the child was surrendered no later than the tenth working day after the 
90.27 	consent is executed and acknowledged. On the day following the tenth working day after 
90.28 	execution and acknowledgment, the consent shall become irrevocable, except upon order 
90.29 	of a court of competent jurisdiction after written findings that consent was obtained by 
90.30 	fraud. A consent to adopt executed under section 260C.201, subdivision 11, is irrevocable 
90.31 	upon proper notice to both parents of the effect of a consent to adopt and acceptance by 
90.32 	the court, except upon order of the same court after written findings that the consent was 
90.33 	obtained by fraud. In proceedings to determine the existence of fraud, the adoptive parents 
90.34 	and the child shall be made parties. The proceedings shall be conducted to preserve the 
91.1 	confidentiality of the adoption process. There shall be no presumption in the proceedings 
91.2 	favoring the birth parents over the adoptive parents.

91.3 	Sec. 8. Minnesota Statutes 2010, section 259.24, subdivision 7, is amended to read:
91.4 		Subd. 7.Withholding consent; reason. Consent to an adoption shall not be 
91.5 	unreasonably withheld by a guardian, who is not a parent of the child, by the commissioner 
91.6 	or by an agency.

91.7 	Sec. 9. Minnesota Statutes 2010, section 259.24, is amended by adding a subdivision 
91.8 	to read:
91.9 		Subd. 9.Consents regarding adoption of children under chapter 260C. Consent 
91.10 	to adoption of children who are under the jurisdiction of the court pursuant to chapter 
91.11 	260C are governed by the provisions of that chapter.

91.12 	Sec. 10. Minnesota Statutes 2010, section 259.69, is amended to read:
91.13 	259.69 TRANSFER OF FUNDS.
91.14 	The commissioner of human services may transfer funds into the subsidized adoption
91.15 	assistance account when a deficit in the subsidized adoption assistance program occurs.

91.16 	Sec. 11. Minnesota Statutes 2010, section 259.73, is amended to read:
91.17 	259.73 REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES.
91.18 	The commissioner of human services shall provide reimbursement of up to $2,000 
91.19 	to the adoptive parent or parents for costs incurred in adopting a child with special 
91.20 	needs. The commissioner shall determine the child's eligibility for adoption expense 
91.21 	reimbursement under title IV-E of the Social Security Act, United States Code, title 42, 
91.22 	sections 670 to 676. To be reimbursed, costs must be reasonable, necessary, and directly 
91.23 	related to the legal adoption of the child. An individual may apply for reimbursement for 
91.24 	costs incurred in an adoption of a child with special needs under section 259A.70.

91.25 	Sec. 12. Minnesota Statutes 2010, section 260C.301, subdivision 1, is amended to read:
91.26 		Subdivision 1.Voluntary and involuntary. The juvenile court may upon petition, 
91.27 	terminate all rights of a parent to a child:
91.28 	(a) with the written consent of a parent who for good cause desires to terminate 
91.29 	parental rights; or
91.30 	(b) if it finds that one or more of the following conditions exist:
91.31 	(1) that the parent has abandoned the child;
92.1 	(2) that the parent has substantially, continuously, or repeatedly refused or neglected 
92.2 	to comply with the duties imposed upon that parent by the parent and child relationship, 
92.3 	including but not limited to providing the child with necessary food, clothing, shelter, 
92.4 	education, and other care and control necessary for the child's physical, mental, or 
92.5 	emotional health and development, if the parent is physically and financially able, and 
92.6 	either reasonable efforts by the social services agency have failed to correct the conditions 
92.7 	that formed the basis of the petition or reasonable efforts would be futile and therefore 
92.8 	unreasonable;
92.9 	(3) that a parent has been ordered to contribute to the support of the child or 
92.10 	financially aid in the child's birth and has continuously failed to do so without good cause. 
92.11 	This clause shall not be construed to state a grounds for termination of parental rights of a 
92.12 	noncustodial parent if that parent has not been ordered to or cannot financially contribute 
92.13 	to the support of the child or aid in the child's birth;
92.14 	(4) that a parent is palpably unfit to be a party to the parent and child relationship 
92.15 	because of a consistent pattern of specific conduct before the child or of specific conditions 
92.16 	directly relating to the parent and child relationship either of which are determined by 
92.17 	the court to be of a duration or nature that renders the parent unable, for the reasonably 
92.18 	foreseeable future, to care appropriately for the ongoing physical, mental, or emotional 
92.19 	needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent 
92.20 	and child relationship upon a showing that the parent's parental rights to one or more other 
92.21 	children were involuntarily terminated or that the parent's custodial rights to another child 
92.22 	have been involuntarily transferred to a relative under section 260C.201, subdivision 11, 
92.23 	paragraph (e), clause (1), or a similar law of another jurisdiction;
92.24 	(5) that following the child's placement out of the home, reasonable efforts, under the 
92.25 	direction of the court, have failed to correct the conditions leading to the child's placement. 
92.26 	It is presumed that reasonable efforts under this clause have failed upon a showing that:
92.27 	(i) a child has resided out of the parental home under court order for a cumulative 
92.28 	period of 12 months within the preceding 22 months. In the case of a child under age eight 
92.29 	at the time the petition was filed alleging the child to be in need of protection or services, 
92.30 	the presumption arises when the child has resided out of the parental home under court 
92.31 	order for six months unless the parent has maintained regular contact with the child and 
92.32 	the parent is complying with the out-of-home placement plan;
92.33 	(ii) the court has approved the out-of-home placement plan required under section 
92.34 	260C.212 and filed with the court under section 260C.178;
92.35 	(iii) conditions leading to the out-of-home placement have not been corrected. It 
92.36 	is presumed that conditions leading to a child's out-of-home placement have not been 
93.1 	corrected upon a showing that the parent or parents have not substantially complied with 
93.2 	the court's orders and a reasonable case plan; and
93.3 	(iv) reasonable efforts have been made by the social services agency to rehabilitate 
93.4 	the parent and reunite the family.
93.5 	This clause does not prohibit the termination of parental rights prior to one year, or 
93.6 	in the case of a child under age eight, prior to six months after a child has been placed 
93.7 	out of the home.
93.8 	It is also presumed that reasonable efforts have failed under this clause upon a 
93.9 	showing that:
93.10 	(A) the parent has been diagnosed as chemically dependent by a professional 
93.11 	certified to make the diagnosis;
93.12 	(B) the parent has been required by a case plan to participate in a chemical 
93.13 	dependency treatment program;
93.14 	(C) the treatment programs offered to the parent were culturally, linguistically, 
93.15 	and clinically appropriate;
93.16 	(D) the parent has either failed two or more times to successfully complete a 
93.17 	treatment program or has refused at two or more separate meetings with a caseworker 
93.18 	to participate in a treatment program; and
93.19 	(E) the parent continues to abuse chemicals.
93.20 	(6) that a child has experienced egregious harm in the parent's care which is of a 
93.21 	nature, duration, or chronicity that indicates a lack of regard for the child's well-being, 
93.22 	such that a reasonable person would believe it contrary to the best interest of the child 
93.23 	or of any child to be in the parent's care;
93.24 	(7) that in the case of a child born to a mother who was not married to the child's 
93.25 	father when the child was conceived nor when the child was born the person is not entitled 
93.26 	to notice of an adoption hearing under section 259.49 and the person has not registered 
93.27 	with the fathers' adoption registry under section 259.52;
93.28 	(8) that the child is neglected and in foster care; or
93.29 	(9) that the parent has been convicted of a crime listed in section 260.012, paragraph 
93.30 	(g), clauses (1) to (3) (5).
93.31 	In an action involving an American Indian child, sections 260.751 to 260.835 and 
93.32 	the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control 
93.33 	to the extent that the provisions of this section are inconsistent with those laws.

93.34 	Sec. 13. Minnesota Statutes 2010, section 260D.08, is amended to read:
93.35 	260D.08 ANNUAL REVIEW.
94.1 	(a) After the court conducts a permanency review hearing under section 260D.07, 
94.2 	the matter must be returned to the court for further review of the responsible social 
94.3 	services reasonable efforts to finalize the permanent plan for the child and the child's foster 
94.4 	care placement at least every 12 months while the child is in foster care. The court shall 
94.5 	give notice to the parent and child, age 12 or older, and the foster parents of the continued 
94.6 	review requirements under this section at the permanency review hearing.
94.7 	(b) Every 12 months, the court shall determine whether the agency made reasonable 
94.8 	efforts to finalize the permanency plan for the child, which means the exercise of due 
94.9 	diligence by the agency to:
94.10 	(1) ensure that the agreement for voluntary foster care is the most appropriate legal 
94.11 	arrangement to meet the child's safety, health, and best interests and to conduct a genuine 
94.12 	examination of whether there is another permanency disposition order under chapter 
94.13 	260C, including returning the child home, that would better serve the child's need for a 
94.14 	stable and permanent home;
94.15 	(2) engage and support the parent in continued involvement in planning and decision 
94.16 	making for the needs of the child;
94.17 	(3) strengthen the child's ties to the parent, relatives, and community;
94.18 	(4) implement the out-of-home placement plan required under section 260C.212, 
94.19 	subdivision 1, and ensure that the plan requires the provision of appropriate services to 
94.20 	address the physical health, mental health, and educational needs of the child; and
94.21 	(5) ensure appropriate planning for the child's safe, permanent, and independent 
94.22 	living arrangement after the child's 18th birthday.

94.23 	Sec. 14. [611.012] DISPOSITION OF CHILD OF PARENT ARRESTED.
94.24 	A peace officer who arrests a person accompanied by a child of the person may 
94.25 	release the child to any person designated by the parent unless it is necessary to remove 
94.26 	the child under section 260C.175 because the child is found in surroundings or conditions 
94.27 	which endanger the child's health or welfare or which the peace officer reasonably believes 
94.28 	will endanger the child's health or welfare. An officer releasing a child under this section 
94.29 	to a person designated by the parent has no civil or criminal liability for the child's release.

94.30 	Sec. 15. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:
94.31 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
94.32 	given them unless the specific content indicates otherwise:
94.33 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
94.34 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
95.1 	child maltreatment report that does not allege substantial child endangerment. Family 
95.2 	assessment does not include a determination as to whether child maltreatment occurred 
95.3 	but does determine the need for services to address the safety of family members and the 
95.4 	risk of subsequent maltreatment.
95.5 	(b) "Investigation" means fact gathering related to the current safety of a child 
95.6 	and the risk of subsequent maltreatment that determines whether child maltreatment 
95.7 	occurred and whether child protective services are needed. An investigation must be used 
95.8 	when reports involve substantial child endangerment, and for reports of maltreatment in 
95.9 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
95.10 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
95.11 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
95.12 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
95.13 	(c) "Substantial child endangerment" means a person responsible for a child's care, 
95.14 	and in the case of sexual abuse includes a person who has a significant relationship to the 
95.15 	child as defined in section 609.341, or a person in a position of authority as defined in 
95.16 	section 609.341, who by act or omission commits or attempts to commit an act against a 
95.17 	child under their care that constitutes any of the following:
95.18 	(1) egregious harm as defined in section 260C.007, subdivision 14;
95.19 	(2) sexual abuse as defined in paragraph (d);
95.20 	(3) abandonment under section 260C.301, subdivision 2;
95.21 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
95.22 	child's physical or mental health, including a growth delay, which may be referred to as 
95.23 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
95.24 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
95.25 	609.195;
95.26 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
95.27 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
95.28 	609.223;
95.29 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
95.30 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
95.31 	(10) solicitation of children to engage in sexual conduct under section 609.352;
95.32 	(11) malicious punishment or neglect or endangerment of a child under section 
95.33 	609.377 or 609.378;
95.34 	(12) use of a minor in sexual performance under section 617.246; or
96.1 	(13) parental behavior, status, or condition which mandates that the county attorney 
96.2 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
96.3 	paragraph (a).
96.4 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
96.5 	child's care, by a person who has a significant relationship to the child, as defined in 
96.6 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
96.7 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
96.8 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
96.9 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
96.10 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
96.11 	abuse also includes any act which involves a minor which constitutes a violation of 
96.12 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
96.13 	threatened sexual abuse which includes the status of a parent or household member 
96.14 	who has committed a violation which requires registration as an offender under section 
96.15 	243.166, subdivision 1b, paragraph (a) or (b), or required registration under section 
96.16 	243.166, subdivision 1b, paragraph (a) or (b).
96.17 	(e) "Person responsible for the child's care" means (1) an individual functioning 
96.18 	within the family unit and having responsibilities for the care of the child such as a 
96.19 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
96.20 	functioning outside the family unit and having responsibilities for the care of the child 
96.21 	such as a teacher, school administrator, other school employees or agents, or other lawful 
96.22 	custodian of a child having either full-time or short-term care responsibilities including, 
96.23 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
96.24 	and coaching.
96.25 	(f) "Neglect" means the commission or omission of any of the acts specified under 
96.26 	clauses (1) to (9), other than by accidental means:
96.27 	(1) failure by a person responsible for a child's care to supply a child with necessary 
96.28 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
96.29 	mental health when reasonably able to do so;
96.30 	(2) failure to protect a child from conditions or actions that seriously endanger the 
96.31 	child's physical or mental health when reasonably able to do so, including a growth delay, 
96.32 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
96.33 	is due to parental neglect;
96.34 	(3) failure to provide for necessary supervision or child care arrangements 
96.35 	appropriate for a child after considering factors as the child's age, mental ability, physical 
97.1 	condition, length of absence, or environment, when the child is unable to care for the 
97.2 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
97.3 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
97.4 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
97.5 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
97.6 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
97.7 	because the child's parent, guardian, or other person responsible for the child's care in 
97.8 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
97.9 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
97.10 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
97.11 	if a lack of medical care may cause serious danger to the child's health. This section does 
97.12 	not impose upon persons, not otherwise legally responsible for providing a child with 
97.13 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
97.14 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
97.15 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
97.16 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
97.17 	delivery or the child at birth, or medical effects or developmental delays during the child's 
97.18 	first year of life that medically indicate prenatal exposure to a controlled substance, or the 
97.19 	presence of a Fetal Alcohol Spectrum Disorder;
97.20 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
97.21 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
97.22 	person responsible for the care of the child that adversely affects the child's basic needs 
97.23 	and safety; or
97.24 	(9) emotional harm from a pattern of behavior which contributes to impaired 
97.25 	emotional functioning of the child which may be demonstrated by a substantial and 
97.26 	observable effect in the child's behavior, emotional response, or cognition that is not 
97.27 	within the normal range for the child's age and stage of development, with due regard to 
97.28 	the child's culture.
97.29 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
97.30 	inflicted by a person responsible for the child's care on a child other than by accidental 
97.31 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
97.32 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
97.33 	that have not been authorized under section 121A.67 or 245.825.
97.34 	Abuse does not include reasonable and moderate physical discipline of a child 
97.35 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
97.36 	not include the use of reasonable force by a teacher, principal, or school employee as 
98.1 	allowed by section 121A.582. Actions which are not reasonable and moderate include, 
98.2 	but are not limited to, any of the following that are done in anger or without regard to the 
98.3 	safety of the child:
98.4 	(1) throwing, kicking, burning, biting, or cutting a child;
98.5 	(2) striking a child with a closed fist;
98.6 	(3) shaking a child under age three;
98.7 	(4) striking or other actions which result in any nonaccidental injury to a child 
98.8 	under 18 months of age;
98.9 	(5) unreasonable interference with a child's breathing;
98.10 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
98.11 	(7) striking a child under age one on the face or head;
98.12 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
98.13 	substances which were not prescribed for the child by a practitioner, in order to control or 
98.14 	punish the child; or other substances that substantially affect the child's behavior, motor 
98.15 	coordination, or judgment or that results in sickness or internal injury, or subjects the 
98.16 	child to medical procedures that would be unnecessary if the child were not exposed 
98.17 	to the substances;
98.18 	(9) unreasonable physical confinement or restraint not permitted under section 
98.19 	609.379, including but not limited to tying, caging, or chaining; or
98.20 	(10) in a school facility or school zone, an act by a person responsible for the child's 
98.21 	care that is a violation under section 121A.58.
98.22 	(h) "Report" means any report received by the local welfare agency, police 
98.23 	department, county sheriff, or agency responsible for assessing or investigating 
98.24 	maltreatment pursuant to this section.
98.25 	(i) "Facility" means:
98.26 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
98.27 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
98.28 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
98.29 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
98.30 	124D.10; or
98.31 	(3) a nonlicensed personal care provider organization as defined in sections 256B.04, 
98.32 	subdivision 16, and 256B.0625, subdivision 19a.
98.33 	(j) "Operator" means an operator or agency as defined in section 245A.02.
98.34 	(k) "Commissioner" means the commissioner of human services.
99.1 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
99.2 	not limited to employee assistance counseling and the provision of guardian ad litem and 
99.3 	parenting time expeditor services.
99.4 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
99.5 	stability of a child as evidenced by an observable or substantial impairment in the child's 
99.6 	ability to function within a normal range of performance and behavior with due regard to 
99.7 	the child's culture.
99.8 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
99.9 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
99.10 	injury includes, but is not limited to, exposing a child to a person responsible for the 
99.11 	child's care, as defined in paragraph (e), clause (1), who has:
99.12 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
99.13 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
99.14 	similar law of another jurisdiction;
99.15 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
99.16 	(4), or a similar law of another jurisdiction;
99.17 	(3) committed an act that has resulted in an involuntary termination of parental rights 
99.18 	under section 260C.301, or a similar law of another jurisdiction; or
99.19 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
99.20 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
99.21 	paragraph (d), clause (1), or a similar law of another jurisdiction.
99.22 	(o) Persons who conduct assessments or investigations under this section shall take 
99.23 	into account accepted child-rearing practices of the culture in which a child participates 
99.24 	and accepted teacher discipline practices, which are not injurious to the child's health, 
99.25 	welfare, and safety.
99.26 	(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 
99.27 	occurrence or event which:
99.28 	(1) is not likely to occur and could not have been prevented by exercise of due 
99.29 	care; and
99.30 	(2) if occurring while a child is receiving services from a facility, happens when the 
99.31 	facility and the employee or person providing services in the facility are in compliance 
99.32 	with the laws and rules relevant to the occurrence or event.
99.33 	(q) "Nonmaltreatment mistake" means:
99.34 	(1) at the time of the incident, the individual was performing duties identified in the 
99.35 	center's child care program plan required under Minnesota Rules, part 9503.0045;
100.1 	(2) the individual has not been determined responsible for a similar incident that 
100.2 	resulted in a finding of maltreatment for at least seven years;
100.3 	(3) the individual has not been determined to have committed a similar 
100.4 	nonmaltreatment mistake under this paragraph for at least four years;
100.5 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
100.6 	remedies that are available over the counter, whether ordered by a medical professional or 
100.7 	not; and
100.8 	(5) except for the period when the incident occurred, the facility and the individual 
100.9 	providing services were both in compliance with all licensing requirements relevant to the 
100.10 	incident.
100.11 	This definition only applies to child care centers licensed under Minnesota 
100.12 	Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of 
100.13 	substantiated maltreatment by the individual, the commissioner of human services shall 
100.14 	determine that a nonmaltreatment mistake was made by the individual.

100.15 	Sec. 16. Minnesota Statutes 2010, section 626.556, subdivision 10, is amended to read:
100.16 		Subd. 10.Duties of local welfare agency and local law enforcement agency upon 
100.17 	receipt of report. (a) Upon receipt of a report, the local welfare agency shall determine 
100.18 	whether to conduct a family assessment or an investigation as appropriate to prevent or 
100.19 	provide a remedy for child maltreatment. The local welfare agency:
100.20 	(1) shall conduct an investigation on reports involving substantial child 
100.21 	endangerment;
100.22 	(2) shall begin an immediate investigation if, at any time when it is using a family 
100.23 	assessment response, it determines that there is reason to believe that substantial child 
100.24 	endangerment or a serious threat to the child's safety exists;
100.25 	(3) may conduct a family assessment for reports that do not allege substantial child 
100.26 	endangerment. In determining that a family assessment is appropriate, the local welfare 
100.27 	agency may consider issues of child safety, parental cooperation, and the need for an 
100.28 	immediate response; and
100.29 	(4) may conduct a family assessment on a report that was initially screened and 
100.30 	assigned for an investigation. In determining that a complete investigation is not required, 
100.31 	the local welfare agency must document the reason for terminating the investigation and 
100.32 	notify the local law enforcement agency if the local law enforcement agency is conducting 
100.33 	a joint investigation.
100.34 	If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, 
100.35 	or individual functioning within the family unit as a person responsible for the child's 
101.1 	care, or sexual abuse by a person with a significant relationship to the child when that 
101.2 	person resides in the child's household or by a sibling, the local welfare agency shall 
101.3 	immediately conduct a family assessment or investigation as identified in clauses (1) to 
101.4 	(4). In conducting a family assessment or investigation, the local welfare agency shall 
101.5 	gather information on the existence of substance abuse and domestic violence and offer 
101.6 	services for purposes of preventing future child maltreatment, safeguarding and enhancing 
101.7 	the welfare of the abused or neglected minor, and supporting and preserving family 
101.8 	life whenever possible. If the report alleges a violation of a criminal statute involving 
101.9 	sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the 
101.10 	local law enforcement agency and local welfare agency shall coordinate the planning and 
101.11 	execution of their respective investigation and assessment efforts to avoid a duplication of 
101.12 	fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of 
101.13 	the results of its investigation. In cases of alleged child maltreatment resulting in death, 
101.14 	the local agency may rely on the fact-finding efforts of a law enforcement investigation 
101.15 	to make a determination of whether or not maltreatment occurred. When necessary the 
101.16 	local welfare agency shall seek authority to remove the child from the custody of a parent, 
101.17 	guardian, or adult with whom the child is living. In performing any of these duties, the 
101.18 	local welfare agency shall maintain appropriate records.
101.19 	If the family assessment or investigation indicates there is a potential for abuse of 
101.20 	alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 
101.21 	the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota 
101.22 	Rules, part 9530.6615.
101.23 	(b) When a local agency receives a report or otherwise has information indicating 
101.24 	that a child who is a client, as defined in section 245.91, has been the subject of physical 
101.25 	abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 
101.26 	245.91, it shall, in addition to its other duties under this section, immediately inform the 
101.27 	ombudsman established under sections 245.91 to 245.97. The commissioner of education 
101.28 	shall inform the ombudsman established under sections 245.91 to 245.97 of reports 
101.29 	regarding a child defined as a client in section 245.91 that maltreatment occurred at a 
101.30 	school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
101.31 	(c) Authority of the local welfare agency responsible for assessing or investigating 
101.32 	the child abuse or neglect report, the agency responsible for assessing or investigating 
101.33 	the report, and of the local law enforcement agency for investigating the alleged abuse or 
101.34 	neglect includes, but is not limited to, authority to interview, without parental consent, 
101.35 	the alleged victim and any other minors who currently reside with or who have resided 
101.36 	with the alleged offender. The interview may take place at school or at any facility or 
102.1 	other place where the alleged victim or other minors might be found or the child may be 
102.2 	transported to, and the interview conducted at, a place appropriate for the interview of a 
102.3 	child designated by the local welfare agency or law enforcement agency. The interview 
102.4 	may take place outside the presence of the alleged offender or parent, legal custodian, 
102.5 	guardian, or school official. For family assessments, it is the preferred practice to request 
102.6 	a parent or guardian's permission to interview the child prior to conducting the child 
102.7 	interview, unless doing so would compromise the safety assessment. Except as provided in 
102.8 	this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible 
102.9 	local welfare or law enforcement agency no later than the conclusion of the investigation 
102.10 	or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota 
102.11 	Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte 
102.12 	motion by the local welfare agency, order that, where reasonable cause exists, the agency 
102.13 	withhold notification of this interview from the parent, legal custodian, or guardian. If the 
102.14 	interview took place or is to take place on school property, the order shall specify that 
102.15 	school officials may not disclose to the parent, legal custodian, or guardian the contents 
102.16 	of the notification of intent to interview the child on school property, as provided under 
102.17 	this paragraph, and any other related information regarding the interview that may be a 
102.18 	part of the child's school record. A copy of the order shall be sent by the local welfare or 
102.19 	law enforcement agency to the appropriate school official.
102.20 	(d) When the local welfare, local law enforcement agency, or the agency responsible 
102.21 	for assessing or investigating a report of maltreatment determines that an interview should 
102.22 	take place on school property, written notification of intent to interview the child on school 
102.23 	property must be received by school officials prior to the interview. The notification 
102.24 	shall include the name of the child to be interviewed, the purpose of the interview, and 
102.25 	a reference to the statutory authority to conduct an interview on school property. For 
102.26 	interviews conducted by the local welfare agency, the notification shall be signed by the 
102.27 	chair of the local social services agency or the chair's designee. The notification shall be 
102.28 	private data on individuals subject to the provisions of this paragraph. School officials 
102.29 	may not disclose to the parent, legal custodian, or guardian the contents of the notification 
102.30 	or any other related information regarding the interview until notified in writing by the 
102.31 	local welfare or law enforcement agency that the investigation or assessment has been 
102.32 	concluded, unless a school employee or agent is alleged to have maltreated the child. 
102.33 	Until that time, the local welfare or law enforcement agency or the agency responsible 
102.34 	for assessing or investigating a report of maltreatment shall be solely responsible for any 
102.35 	disclosures regarding the nature of the assessment or investigation.
103.1 	Except where the alleged offender is believed to be a school official or employee, 
103.2 	the time and place, and manner of the interview on school premises shall be within the 
103.3 	discretion of school officials, but the local welfare or law enforcement agency shall have 
103.4 	the exclusive authority to determine who may attend the interview. The conditions as to 
103.5 	time, place, and manner of the interview set by the school officials shall be reasonable and 
103.6 	the interview shall be conducted not more than 24 hours after the receipt of the notification 
103.7 	unless another time is considered necessary by agreement between the school officials and 
103.8 	the local welfare or law enforcement agency. Where the school fails to comply with the 
103.9 	provisions of this paragraph, the juvenile court may order the school to comply. Every 
103.10 	effort must be made to reduce the disruption of the educational program of the child, other 
103.11 	students, or school staff when an interview is conducted on school premises.
103.12 	(e) Where the alleged offender or a person responsible for the care of the alleged 
103.13 	victim or other minor prevents access to the victim or other minor by the local welfare 
103.14 	agency, the juvenile court may order the parents, legal custodian, or guardian to produce 
103.15 	the alleged victim or other minor for questioning by the local welfare agency or the local 
103.16 	law enforcement agency outside the presence of the alleged offender or any person 
103.17 	responsible for the child's care at reasonable places and times as specified by court order.
103.18 	(f) Before making an order under paragraph (e), the court shall issue an order to 
103.19 	show cause, either upon its own motion or upon a verified petition, specifying the basis for 
103.20 	the requested interviews and fixing the time and place of the hearing. The order to show 
103.21 	cause shall be served personally and shall be heard in the same manner as provided in 
103.22 	other cases in the juvenile court. The court shall consider the need for appointment of a 
103.23 	guardian ad litem to protect the best interests of the child. If appointed, the guardian ad 
103.24 	litem shall be present at the hearing on the order to show cause.
103.25 	(g) The commissioner of human services, the ombudsman for mental health and 
103.26 	developmental disabilities, the local welfare agencies responsible for investigating reports, 
103.27 	the commissioner of education, and the local law enforcement agencies have the right to 
103.28 	enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, 
103.29 	including medical records, as part of the investigation. Notwithstanding the provisions of 
103.30 	chapter 13, they also have the right to inform the facility under investigation that they are 
103.31 	conducting an investigation, to disclose to the facility the names of the individuals under 
103.32 	investigation for abusing or neglecting a child, and to provide the facility with a copy of 
103.33 	the report and the investigative findings.
103.34 	(h) The local welfare agency responsible for conducting a family assessment or 
103.35 	investigation shall collect available and relevant information to determine child safety, 
103.36 	risk of subsequent child maltreatment, and family strengths and needs and share not public 
104.1 	information with an Indian's tribal social services agency without violating any law of the 
104.2 	state that may otherwise impose duties of confidentiality on the local welfare agency in 
104.3 	order to implement the tribal state agreement. The local welfare agency or the agency 
104.4 	responsible for investigating the report shall collect available and relevant information 
104.5 	to ascertain whether maltreatment occurred and whether protective services are needed. 
104.6 	Information collected includes, when relevant, information with regard to the person 
104.7 	reporting the alleged maltreatment, including the nature of the reporter's relationship to the 
104.8 	child and to the alleged offender, and the basis of the reporter's knowledge for the report; 
104.9 	the child allegedly being maltreated; the alleged offender; the child's caretaker; and other 
104.10 	collateral sources having relevant information related to the alleged maltreatment. The 
104.11 	local welfare agency or the agency responsible for assessing or investigating the report 
104.12 	may make a determination of no maltreatment early in an assessment investigation, and 
104.13 	close the case and retain immunity, if the collected information shows no basis for a 
104.14 	full assessment or investigation.
104.15 	Information relevant to the assessment or investigation must be asked for, and 
104.16 	may include:
104.17 	(1) the child's sex and age, prior reports of maltreatment, information relating 
104.18 	to developmental functioning, credibility of the child's statement, and whether the 
104.19 	information provided under this clause is consistent with other information collected 
104.20 	during the course of the assessment or investigation;
104.21 	(2) the alleged offender's age, a record check for prior reports of maltreatment, and 
104.22 	criminal charges and convictions. The local welfare agency or the agency responsible for 
104.23 	assessing or investigating the report must provide the alleged offender with an opportunity 
104.24 	to make a statement. The alleged offender may submit supporting documentation relevant 
104.25 	to the assessment or investigation;
104.26 	(3) collateral source information regarding the alleged maltreatment and care of the 
104.27 	child. Collateral information includes, when relevant: (i) a medical examination of the 
104.28 	child; (ii) prior medical records relating to the alleged maltreatment or the care of the 
104.29 	child maintained by any facility, clinic, or health care professional and an interview with 
104.30 	the treating professionals; and (iii) interviews with the child's caretakers, including the 
104.31 	child's parent, guardian, foster parent, child care provider, teachers, counselors, family 
104.32 	members, relatives, and other persons who may have knowledge regarding the alleged 
104.33 	maltreatment and the care of the child; and
104.34 	(4) information on the existence of domestic abuse and violence in the home of 
104.35 	the child, and substance abuse.
105.1 	Nothing in this paragraph precludes the local welfare agency, the local law 
105.2 	enforcement agency, or the agency responsible for assessing or investigating the report 
105.3 	from collecting other relevant information necessary to conduct the assessment or 
105.4 	investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare 
105.5 	agency has access to medical data and records for purposes of clause (3). Notwithstanding 
105.6 	the data's classification in the possession of any other agency, data acquired by the 
105.7 	local welfare agency or the agency responsible for assessing or investigating the report 
105.8 	during the course of the assessment or investigation are private data on individuals and 
105.9 	must be maintained in accordance with subdivision 11. Data of the commissioner of 
105.10 	education collected or maintained during and for the purpose of an investigation of 
105.11 	alleged maltreatment in a school are governed by this section, notwithstanding the data's 
105.12 	classification as educational, licensing, or personnel data under chapter 13.
105.13 	In conducting an assessment or investigation involving a school facility as defined 
105.14 	in subdivision 2, paragraph (i), the commissioner of education shall collect investigative 
105.15 	reports and data that are relevant to a report of maltreatment and are from local law 
105.16 	enforcement and the school facility.
105.17 	(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face 
105.18 	contact with the child reported to be maltreated and with the child's primary caregiver 
105.19 	sufficient to complete a safety assessment and ensure the immediate safety of the child. 
105.20 	The face-to-face contact with the child and primary caregiver shall occur immediately 
105.21 	if substantial child endangerment is alleged and within five calendar days for all other 
105.22 	reports. If the alleged offender was not already interviewed as the primary caregiver, the 
105.23 	local welfare agency shall also conduct a face-to-face interview with the alleged offender 
105.24 	in the early stages of the assessment or investigation. At the initial contact, the local child 
105.25 	welfare agency or the agency responsible for assessing or investigating the report must 
105.26 	inform the alleged offender of the complaints or allegations made against the individual in 
105.27 	a manner consistent with laws protecting the rights of the person who made the report. 
105.28 	The interview with the alleged offender may be postponed if it would jeopardize an active 
105.29 	law enforcement investigation.
105.30 	(j) When conducting an investigation, the local welfare agency shall use a question 
105.31 	and answer interviewing format with questioning as nondirective as possible to elicit 
105.32 	spontaneous responses. For investigations only, the following interviewing methods and 
105.33 	procedures must be used whenever possible when collecting information:
105.34 	(1) audio recordings of all interviews with witnesses and collateral sources; and
105.35 	(2) in cases of alleged sexual abuse, audio-video recordings of each interview with 
105.36 	the alleged victim and child witnesses.
106.1 	(k) In conducting an assessment or investigation involving a school facility as 
106.2 	defined in subdivision 2, paragraph (i), the commissioner of education shall collect 
106.3 	available and relevant information and use the procedures in paragraphs (i), (k), and 
106.4 	subdivision 3d, except that the requirement for face-to-face observation of the child 
106.5 	and face-to-face interview of the alleged offender is to occur in the initial stages of the 
106.6 	assessment or investigation provided that the commissioner may also base the assessment 
106.7 	or investigation on investigative reports and data received from the school facility and 
106.8 	local law enforcement, to the extent those investigations satisfy the requirements of 
106.9 	paragraphs (i) and (k), and subdivision 3d.

106.10 	Sec. 17. Minnesota Statutes 2010, section 626.556, subdivision 10e, is amended to 
106.11 	read:
106.12 		Subd. 10e.Determinations. (a) The local welfare agency shall conclude the family 
106.13 	assessment or the investigation within 45 days of the receipt of a report. The conclusion of 
106.14 	the assessment or investigation may be extended to permit the completion of a criminal 
106.15 	investigation or the receipt of expert information requested within 45 days of the receipt 
106.16 	of the report.
106.17 	(b) After conducting a family assessment, the local welfare agency shall determine 
106.18 	whether services are needed to address the safety of the child and other family members 
106.19 	and the risk of subsequent maltreatment.
106.20 	(c) After conducting an investigation, the local welfare agency shall make two 
106.21 	determinations: first, whether maltreatment has occurred; and second, whether child 
106.22 	protective services are needed. No determination of maltreatment shall be made when the 
106.23 	alleged perpetrator is a child under the age of ten.
106.24 	(d) If the commissioner of education conducts an assessment or investigation, 
106.25 	the commissioner shall determine whether maltreatment occurred and what corrective 
106.26 	or protective action was taken by the school facility. If a determination is made that 
106.27 	maltreatment has occurred, the commissioner shall report to the employer, the school 
106.28 	board, and any appropriate licensing entity the determination that maltreatment occurred 
106.29 	and what corrective or protective action was taken by the school facility. In all other cases, 
106.30 	the commissioner shall inform the school board or employer that a report was received, 
106.31 	the subject of the report, the date of the initial report, the category of maltreatment alleged 
106.32 	as defined in paragraph (f), the fact that maltreatment was not determined, and a summary 
106.33 	of the specific reasons for the determination.
106.34 	(e) When maltreatment is determined in an investigation involving a facility, 
106.35 	the investigating agency shall also determine whether the facility or individual was 
107.1 	responsible, or whether both the facility and the individual were responsible for the 
107.2 	maltreatment using the mitigating factors in paragraph (i). Determinations under this 
107.3 	subdivision must be made based on a preponderance of the evidence and are private data 
107.4 	on individuals or nonpublic data as maintained by the commissioner of education.
107.5 	(f) For the purposes of this subdivision, "maltreatment" means any of the following 
107.6 	acts or omissions:
107.7 	(1) physical abuse as defined in subdivision 2, paragraph (g);
107.8 	(2) neglect as defined in subdivision 2, paragraph (f);
107.9 	(3) sexual abuse as defined in subdivision 2, paragraph (d);
107.10 	(4) mental injury as defined in subdivision 2, paragraph (m); or
107.11 	(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
107.12 	(g) For the purposes of this subdivision, a determination that child protective 
107.13 	services are needed means that the local welfare agency has documented conditions 
107.14 	during the assessment or investigation sufficient to cause a child protection worker, as 
107.15 	defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of 
107.16 	maltreatment if protective intervention is not provided and that the individuals responsible 
107.17 	for the child's care have not taken or are not likely to take actions to protect the child 
107.18 	from maltreatment or risk of maltreatment.
107.19 	(h) This subdivision does not mean that maltreatment has occurred solely because 
107.20 	the child's parent, guardian, or other person responsible for the child's care in good faith 
107.21 	selects and depends upon spiritual means or prayer for treatment or care of disease 
107.22 	or remedial care of the child, in lieu of medical care. However, if lack of medical care 
107.23 	may result in serious danger to the child's health, the local welfare agency may ensure 
107.24 	that necessary medical services are provided to the child.
107.25 	(i) When determining whether the facility or individual is the responsible party, or 
107.26 	whether both the facility and the individual are responsible for determined maltreatment in 
107.27 	a facility, the investigating agency shall consider at least the following mitigating factors:
107.28 	(1) whether the actions of the facility or the individual caregivers were according to, 
107.29 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
107.30 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
107.31 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
107.32 	directive or knew or should have known of the errors and took no reasonable measures to 
107.33 	correct the defect before administering care;
107.34 	(2) comparative responsibility between the facility, other caregivers, and 
107.35 	requirements placed upon an employee, including the facility's compliance with related 
107.36 	regulatory standards and the adequacy of facility policies and procedures, facility training, 
108.1 	an individual's participation in the training, the caregiver's supervision, and facility staffing 
108.2 	levels and the scope of the individual employee's authority and discretion; and
108.3 	(3) whether the facility or individual followed professional standards in exercising 
108.4 	professional judgment.
108.5 	The evaluation of the facility's responsibility under clause (2) must not be based on the 
108.6 	completeness of the risk assessment or risk reduction plan required under section 245A.66, 
108.7 	but must be based on the facility's compliance with the regulatory standards for policies 
108.8 	and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota 
108.9 	Rules.
108.10 	(j) Notwithstanding paragraph (i), when maltreatment is determined to have been 
108.11 	committed by an individual who is also the facility license holder, both the individual and 
108.12 	the facility must be determined responsible for the maltreatment, and both the background 
108.13 	study disqualification standards under section 245C.15, subdivision 4, and the licensing 
108.14 	actions under sections 245A.06 or 245A.07 apply.
108.15 	(k) Individual counties may implement more detailed definitions or criteria that 
108.16 	indicate which allegations to investigate, as long as a county's policies are consistent 
108.17 	with the definitions in the statutes and rules and are approved by the county board. Each 
108.18 	local welfare agency shall periodically inform mandated reporters under subdivision 3 
108.19 	who work in the county of the definitions of maltreatment in the statutes and rules and any 
108.20 	additional definitions or criteria that have been approved by the county board.

108.21 	Sec. 18. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:
108.22 		Subd. 10f.Notice of determinations. Within ten working days of the conclusion 
108.23 	of a family assessment, the local welfare agency shall notify the parent or guardian 
108.24 	of the child of the need for services to address child safety concerns or significant risk 
108.25 	of subsequent child maltreatment. The local welfare agency and the family may also 
108.26 	jointly agree that family support and family preservation services are needed. Within ten 
108.27 	working days of the conclusion of an investigation, the local welfare agency or agency 
108.28 	responsible for assessing or investigating the report shall notify the parent or guardian 
108.29 	of the child, the person determined to be maltreating the child, and if applicable, the 
108.30 	director of the facility, of the determination and a summary of the specific reasons for 
108.31 	the determination. When the investigation involves a child foster care setting that is 
108.32 	monitored by a private licensing agency under section 245A.16, the local welfare agency 
108.33 	responsible for assessing or investigating the report shall notify the private licensing 
108.34 	agency of the determination and shall provide a summary of the specific reasons for 
108.35 	the determination. The notice to the private licensing agency must include identifying 
109.1 	private data, but not the identity of the reporter of maltreatment. The notice must also 
109.2 	include a certification that the information collection procedures under subdivision 10, 
109.3 	paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to 
109.4 	obtain access to other private data on the subject collected, created, or maintained under 
109.5 	this section. In addition, the notice shall include the length of time that the records will be 
109.6 	kept under subdivision 11c. The investigating agency shall notify the parent or guardian 
109.7 	of the child who is the subject of the report, and any person or facility determined to 
109.8 	have maltreated a child, of their appeal or review rights under this section or section 
109.9 	256.022. The notice must also state that a finding of maltreatment may result in denial of a 
109.10 	license application or background study disqualification under chapter 245C related to 
109.11 	employment or services that are licensed by the Department of Human Services under 
109.12 	chapter 245A, the Department of Health under chapter 144 or 144A, the Department of 
109.13 	Corrections under section 241.021, and from providing services related to an unlicensed 
109.14 	personal care provider organization under chapter 256B.

109.15 	Sec. 19. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:
109.16 		Subd. 10i.Administrative reconsideration; review panel. (a) Administrative 
109.17 	reconsideration is not applicable in family assessments since no determination concerning 
109.18 	maltreatment is made. For investigations, except as provided under paragraph (e), an 
109.19 	individual or facility that the commissioner of human services, a local social service 
109.20 	agency, or the commissioner of education determines has maltreated a child, an interested 
109.21 	person acting on behalf of the child, regardless of the determination, who contests 
109.22 	the investigating agency's final determination regarding maltreatment, may request the 
109.23 	investigating agency to reconsider its final determination regarding maltreatment. The 
109.24 	request for reconsideration must be submitted in writing to the investigating agency within 
109.25 	15 calendar days after receipt of notice of the final determination regarding maltreatment 
109.26 	or, if the request is made by an interested person who is not entitled to notice, within 
109.27 	15 days after receipt of the notice by the parent or guardian of the child. If mailed, the 
109.28 	request for reconsideration must be postmarked and sent to the investigating agency 
109.29 	within 15 calendar days of the individual's or facility's receipt of the final determination. If 
109.30 	the request for reconsideration is made by personal service, it must be received by the 
109.31 	investigating agency within 15 calendar days after the individual's or facility's receipt of the 
109.32 	final determination. Effective January 1, 2002, an individual who was determined to have 
109.33 	maltreated a child under this section and who was disqualified on the basis of serious or 
109.34 	recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration 
109.35 	of the maltreatment determination and the disqualification. The request for reconsideration 
110.1 	of the maltreatment determination and the disqualification must be submitted within 30 
110.2 	calendar days of the individual's receipt of the notice of disqualification under sections 
110.3 	245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment 
110.4 	determination and the disqualification must be postmarked and sent to the investigating 
110.5 	agency within 30 calendar days of the individual's receipt of the maltreatment 
110.6 	determination and notice of disqualification. If the request for reconsideration is made by 
110.7 	personal service, it must be received by the investigating agency within 30 calendar days 
110.8 	after the individual's receipt of the notice of disqualification.
110.9 	(b) Except as provided under paragraphs (e) and (f), if the investigating agency 
110.10 	denies the request or fails to act upon the request within 15 working days after receiving 
110.11 	the request for reconsideration, the person or facility entitled to a fair hearing under 
110.12 	section 256.045 may submit to the commissioner of human services or the commissioner 
110.13 	of education a written request for a hearing under that section. Section 256.045 also 
110.14 	governs hearings requested to contest a final determination of the commissioner of 
110.15 	education. For reports involving maltreatment of a child in a facility, an interested person 
110.16 	acting on behalf of the child may request a review by the Child Maltreatment Review 
110.17 	Panel under section 256.022 if the investigating agency denies the request or fails to act 
110.18 	upon the request or if the interested person contests a reconsidered determination. The 
110.19 	investigating agency shall notify persons who request reconsideration of their rights under 
110.20 	this paragraph. The request must be submitted in writing to the review panel and a copy 
110.21 	sent to the investigating agency within 30 calendar days of receipt of notice of a denial 
110.22 	of a request for reconsideration or of a reconsidered determination. The request must 
110.23 	specifically identify the aspects of the agency determination with which the person is 
110.24 	dissatisfied. The hearings specified under this section are the only administrative appeal of 
110.25 	a decision issued under paragraph (a). Determinations under this section are not subject to 
110.26 	accuracy and completeness challenges under section 13.04.
110.27 	(c) If, as a result of a reconsideration or review, the investigating agency changes 
110.28 	the final determination of maltreatment, that agency shall notify the parties specified in 
110.29 	subdivisions 10b, 10d, and 10f.
110.30 	(d) Except as provided under paragraph (f), if an individual or facility contests the 
110.31 	investigating agency's final determination regarding maltreatment by requesting a fair 
110.32 	hearing under section 256.045, the commissioner of human services shall assure that the 
110.33 	hearing is conducted and a decision is reached within 90 days of receipt of the request for 
110.34 	a hearing. The time for action on the decision may be extended for as many days as the 
110.35 	hearing is postponed or the record is held open for the benefit of either party.
111.1 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on 
111.2 	the basis of a determination of maltreatment, which was serious or recurring, and 
111.3 	the individual has requested reconsideration of the maltreatment determination under 
111.4 	paragraph (a) and requested reconsideration of the disqualification under sections 245C.21
111.5 	to 245C.27, reconsideration of the maltreatment determination and reconsideration of the 
111.6 	disqualification shall be consolidated into a single reconsideration. If reconsideration 
111.7 	of the maltreatment determination is denied and the individual remains disqualified 
111.8 	following a reconsideration decision, the individual may request a fair hearing under 
111.9 	section 256.045. If an individual requests a fair hearing on the maltreatment determination 
111.10 	and the disqualification, the scope of the fair hearing shall include both the maltreatment 
111.11 	determination and the disqualification.
111.12 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
111.13 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
111.14 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
111.15 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
111.16 	under section 245A.08, subdivision 2a, the scope of the contested case hearing shall 
111.17 	include the maltreatment determination, disqualification, and licensing sanction or denial 
111.18 	of a license. In such cases, a fair hearing regarding the maltreatment determination and 
111.19 	disqualification shall not be conducted under section 256.045. Except for family child 
111.20 	care and child foster care, reconsideration of a maltreatment determination as provided 
111.21 	under this subdivision, and reconsideration of a disqualification as provided under section 
111.22 	245C.22, shall also not be conducted when:
111.23 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
111.24 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
111.25 	or the disqualification of a license holder based on serious or recurring maltreatment;
111.26 	(2) the denial of a license or licensing sanction is issued at the same time as the 
111.27 	maltreatment determination or disqualification; and
111.28 	(3) the license holder appeals the maltreatment determination or disqualification, and 
111.29 	denial of a license or licensing sanction.
111.30 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
111.31 	determination or disqualification, but does not appeal the denial of a license or a licensing 
111.32 	sanction, reconsideration of the maltreatment determination shall be conducted under 
111.33 	sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the 
111.34 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 
111.35 	shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 
111.36 	626.557, subdivision 9d.
112.1 	If the disqualified subject is an individual other than the license holder and upon 
112.2 	whom a background study must be conducted under chapter 245C, the hearings of all 
112.3 	parties may be consolidated into a single contested case hearing upon consent of all parties 
112.4 	and the administrative law judge.
112.5 	(g) For purposes of this subdivision, "interested person acting on behalf of the 
112.6 	child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult 
112.7 	stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been 
112.8 	determined to be the perpetrator of the maltreatment.

112.9 	Sec. 20. Minnesota Statutes 2010, section 626.556, subdivision 10k, is amended to 
112.10 	read:
112.11 		Subd. 10k.Release of certain assessment or investigative records to other 
112.12 	counties. Records maintained under subdivision 11c, paragraph (a), may be shared with 
112.13 	another local welfare agency that requests the information because it is conducting an
112.14 	assessment or investigation under this section of the subject of the records.

112.15 	Sec. 21. REVISOR'S INSTRUCTION.
 112.16 	(a) The revisor of statutes shall renumber each section of Minnesota Statutes listed 
112.17 	in column A with the number listed in column B.

112.18		Column A
	Column B
	
112.19		259.69
	259A.05, subd. 5
	
112.20		260C.217
	260C.139
	
112.21		260C.501
	260C.177
	
112.22		260C.201, subd. 10
	260C.202
	
112.23		260C.212, subd. 7
	260C.203
	
112.24		260C.201, subd. 11a
	260C.204
	
112.25		260C.212, subd. 4
	260C.219
	
112.26		260C.212, subd. 5
	260C.221
	
112.27		260C.213
	260C.223
	
112.28		260C.206
	260C.225
	
112.29		260C.212, subd. 8
	260C.227
	
112.30		260C.212, subd. 6
	260C.521, subd. 4
	
112.31		260C.205
	260D.11
	
112.32 	(b) The revisor of statutes shall make necessary cross-reference changes in 
112.33 	Minnesota Statutes and Minnesota Rules consistent with the numbering in articles 1 and 
112.34 	2 and the renumbering in paragraph (a).

112.35 	Sec. 22.  REPEALER.
 113.1 	(a) Minnesota Statutes 2010, sections 256.022; 259.67; 259.71; 260C.201, 
113.2 	subdivision 11; 260C.215, subdivision 2; and 260C.456, are repealed.
113.3 	(b) Minnesota Rules, parts 9560.0071; 9560.0082; 9560.0083; 9560.0091; 
113.4 	9560.0093, subparts 1, 3, and 4; 9560.0101; and 9560.0102, are repealed.