1.1 	A bill for an act
1.2 	relating to human services; providing for adoption assistance reform, child 
1.3 	protection, child support, and technical and conforming amendments;amending 
1.4 	Minnesota Statutes 2010, sections 256.01, subdivision 14b; 257.01; 257.75, 
1.5 	subdivision 7; 259.73; 260.012; 260C.001; 260C.007, subdivision 4, by adding 
1.6 	subdivisions; 260C.101, subdivision 2; 260C.150, subdivision 1; 260C.157, 
1.7 	subdivisions 1, 3; 260C.163, subdivisions 1, 4, 8; 260C.178, subdivisions 
1.8 	1, 7; 260C.193, subdivisions 3, 6; 260C.201, subdivisions 2, 10; 260C.212, 
1.9 	subdivisions 5, 7; 260C.215, subdivisions 4, 6; 260C.301, subdivisions 1, 8; 
1.10 	260C.328; 260C.451; 260D.08; 518C.205; 626.556, subdivisions 2, 10, 10e, 10f, 
1.11 	10i, 10k; proposing coding for new law in Minnesota Statutes, chapters 260C; 
1.12 	611; proposing coding for new law as Minnesota Statutes, chapter 259A.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	ARTICLE 1
1.15 	ADOPTION ASSISTANCE

1.16 	Section 1. [259A.01] DEFINITIONS.
1.17 		Subdivision 1.Scope. For the purposes of this chapter, the terms defined in this 
1.18 	section have the meanings given them except as otherwise indicated by the context.
1.19 		Subd. 2.Adoption assistance. "Adoption assistance" means medical coverage and 
1.20 	reimbursement of nonrecurring adoption expenses, and may also include financial support 
1.21 	and reimbursement for specific nonmedical expenses provided under agreement with the 
1.22 	parent of an adoptive child who would otherwise remain in foster care and whose special 
1.23 	needs would otherwise make it difficult to place the child for adoption. Financial support 
1.24 	may include a basic maintenance payment and a supplemental needs payment.
1.25 		Subd. 3.Adoptive parent. "Adoptive parent" means the adult who has been 
1.26 	made the legal parent of a child through a court-ordered adoption decree or a customary 
1.27 	adoption through tribal court.
2.1 		Subd. 4.AFDC. "AFDC" means the aid to families with dependent children 
2.2 	program under sections 256.741, 256.82, and 256.87.
2.3 		Subd. 5.Assessment. "Assessment" means the process by which the child-placing 
2.4 	agency determines the benefits an eligible child may receive under this chapter.
2.5 		Subd. 6.At-risk child. "At-risk child" means a child who does not have a 
2.6 	documented disability but who is at risk of developing a physical, mental, emotional, or 
2.7 	behavioral disability based on being related within the first or second degree to persons 
2.8 	who have an inheritable physical, mental, emotional, or behavioral disabling condition, or 
2.9 	from a background that has the potential to cause the child to develop a physical, mental, 
2.10 	emotional, or behavioral disability that the child is at risk of developing. The disability 
2.11 	must manifest during childhood.
2.12 		Subd. 7.Basic maintenance payment. "Basic maintenance payment" means 
2.13 	the maintenance payment made on behalf of a child to support the costs an adoptive 
2.14 	parent incurs to meet a child's needs consistent with the care parents customarily provide, 
2.15 	including: food, clothing, shelter, daily supervision, school supplies, and child's personal 
2.16 	incidentals. It also supports reasonable travel to participate in face-to-face visitation 
2.17 	between child and birth relatives, including siblings.
2.18 		Subd. 8.Child. "Child" means an individual under 18 years of age. For purposes 
2.19 	of this chapter, child also includes individuals up to age 21 who have approved adoption 
2.20 	assistance agreement extensions under section 259A.45, subdivision 1.
2.21 		Subd. 9.Child-placing agency. "Child-placing agency" means a business, 
2.22 	organization, or department of government, including the responsible social services 
2.23 	agency or a federally recognized Minnesota tribe, designated or authorized by law 
2.24 	to place children for adoption and assigned legal responsibility for placement, care, 
2.25 	and supervision of the child through a court order, voluntary placement agreement, or 
2.26 	voluntary relinquishment.
2.27 		Subd. 10.Child under guardianship of the commissioner of human services.
 2.28 	"Child under guardianship of the commissioner of human services" means a child the 
2.29 	court has ordered under the guardianship of the commissioner of human services pursuant 
2.30 	to section 260C.325.
2.31 		Subd. 11.Commissioner. "Commissioner" means the commissioner of human 
2.32 	services or any employee of the Department of Human Services to whom the commissioner 
2.33 	has delegated authority regarding children under the commissioner's guardianship.
2.34 		Subd. 12.Consent of parent to adoption under chapter 260C. "Consent of 
2.35 	parent to adoption under chapter 260C" means the consent executed pursuant to section 
2.36 	260C.515, subdivision 3. 
3.1 		Subd. 13.Department. "Department" means the Minnesota Department of Human 
3.2 	Services.
3.3 		Subd. 14.Disability. "Disability" means a physical, mental, emotional, or 
3.4 	behavioral impairment that substantially limits one or more major life activities. Major 
3.5 	life activities include, but are not limited to: thinking, walking, hearing, breathing, 
3.6 	working, seeing, speaking, communicating, learning, developing and maintaining healthy 
3.7 	relationships, safely caring for oneself, and performing manual tasks. The nature, duration, 
3.8 	and severity of the impairment shall be used in determining if the limitation is substantial.
3.9 		Subd. 15.Foster care. "Foster care" has the meaning given in section 260C.007, 
3.10 	subdivision 18.
3.11 		Subd. 16.Guardian. "Guardian" means an adult who is appointed pursuant to 
3.12 	section 260C.325. For a child under guardianship of the commissioner, the child's 
3.13 	guardian is the commissioner of human services.
3.14 		Subd. 17.Guardianship. "Guardianship" means the court-ordered rights and 
3.15 	responsibilities of the guardian of a child and includes legal custody of the child.
3.16 		Subd. 18.Indian child. "Indian child" has the meaning given in section 260.755, 
3.17 	subdivision 8.
3.18 		Subd. 19.Legal custodian. "Legal custodian" means a person to whom permanent 
3.19 	legal and physical custody of a child has been transferred under chapter 260C, or for 
3.20 	children under tribal court jurisdiction, a similar provision under tribal code which means 
3.21 	that the individual responsible for the child has responsibility for the protection, education, 
3.22 	care, and control of the child and decision making on behalf of the child.
3.23 		Subd. 20.Medical assistance. "Medical assistance" means Minnesota's 
3.24 	implementation of the federal Medicaid program.
3.25 		Subd. 21.Parent. "Parent" has the meaning given in section 257.52. Parent does 
3.26 	not mean a putative father of a child unless the putative father also meets the requirements 
3.27 	of section 257.55 or unless the putative father is entitled to notice under section 259.49, 
3.28 	subdivision 1. For matters governed by the Indian Child Welfare Act, parent includes any 
3.29 	Indian person who has adopted a child by tribal law or custom, as provided in section 
3.30 	260.755, subdivision 14, and does not include the unwed father where paternity has not 
3.31 	been acknowledged or established.
3.32 		Subd. 22.Permanent legal and physical custody. "Permanent legal and physical 
3.33 	custody" means permanent legal and physical custody ordered by a Minnesota court under 
3.34 	section 260C.515, subdivision 4, or for children under tribal court jurisdiction, a similar 
3.35 	provision under tribal code which means that the individual with permanent legal and 
4.1 	physical custody of the child has responsibility for the protection, education, care, and 
4.2 	control of the child and decision making on behalf of the child.
4.3 		Subd. 23.Preadoptive parent. "Preadoptive parent" means an adult who is caring 
4.4 	for a child in an adoptive placement, but where the court has not yet ordered a final decree 
4.5 	of adoption making the adult the legal parent of the child.
4.6 		Subd. 24.Reassessment. "Reassessment" means an update of a previous assessment 
4.7 	through the process under this chapter completed for a child who has been continuously 
4.8 	eligible for this benefit.
4.9 		Subd. 25.Relative. "Relative" means a person related to the child by blood, 
4.10 	marriage, or adoption, or an individual who is an important friend with whom the child has 
4.11 	resided or had significant contact. For an Indian child, relative includes members of the 
4.12 	extended family as defined by law or custom of the Indian child's tribe, or, in the absence 
4.13 	of law or custom, shall be a person who has reached the age of 18 and who is the Indian 
4.14 	child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece 
4.15 	or nephew, first or second cousin, or stepparent, as provided in the Indian Child Welfare 
4.16 	Act of 1978, United States Code, title 25, section 1903.
4.17 		Subd. 26.Relative search. "Relative search" means the search that is required 
4.18 	under chapter 260C.212, subdivision 5.
4.19 		Subd. 27.Sibling. "Sibling" has the meaning given in section 260C.007, 
4.20 	subdivision 31.
4.21 		Subd. 28.Social and medical history. "Social and medical history" means the 
4.22 	document, on a form or forms prescribed by the commissioner, that contains a child's 
4.23 	genetic, medical, and family background as well as the history and current status of a 
4.24 	child's physical and mental health, behavior, demeanor, foster care placements, education, 
4.25 	and family relationships and has the same meaning as the history required under sections 
4.26 	259.43 and 260C.609.
4.27 		Subd. 29.Supplemental needs payment. "Supplemental needs payment" 
4.28 	means the payment which is negotiated with the adoptive parent for a child who has a 
4.29 	documented physical, mental, emotional, or behavioral disability. The payment is made 
4.30 	based on the requirements associated with parenting duties to nurture the child, preserve 
4.31 	the child's connections, and support the child's functioning in the home.
4.32 		Subd. 30.Termination of parental rights. "Termination of parental rights" means 
4.33 	a court order that severs all rights, powers, privileges, immunities, duties, and obligations, 
4.34 	including any rights to custody, control, visitation, or support, existing between a parent 
4.35 	and child. For an Indian child who is a ward of tribal court, termination of parental rights 
4.36 	means any action resulting in the termination or suspension of the parent-child relationship 
5.1 	when the tribe has made a judicial determination that the child cannot or should not be 
5.2 	returned to the home of the child's parent or parents.

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

5.32 	Sec. 3. [259A.10] ELIGIBILITY REQUIREMENTS.
5.33 		Subdivision 1.General eligibility requirements. (a) To be eligible for adoption 
5.34 	assistance, a child must:
6.1 	(1) be determined to be a child with special needs, according to subdivision 2;
6.2 	(2) meet the applicable citizenship and immigration requirements in subdivision 
6.3 	3; and
6.4 	(3)(i) meet the criteria outlined in section 473 of the Social Security Act; or
6.5 	(ii) have had foster care payments paid on the child's behalf while in out-of-home 
6.6 	placement through the county or tribal social service agency and be a child under the 
6.7 	guardianship of the commissioner or a ward of tribal court.
6.8 	(b) In addition to the requirements in paragraph (a), the child's adoptive parents must 
6.9 	meet the applicable background study requirements outlined in subdivision 4.
6.10 		Subd. 2.Special needs determination. (a) A child is considered a child with 
6.11 	special needs under this section if all of the requirements in paragraphs (b) to (g) are met:
6.12 	(b) There has been a determination that the child cannot or should not be returned to 
6.13 	the home of the child's parents as evidenced by:
6.14 	(1) court-ordered termination of parental rights;
6.15 	(2) petition to terminate parental rights;
6.16 	(3) consent of parent to adoption accepted by the court under chapter 260C;
6.17 	(4) in circumstances where tribal law permits the child to be adopted without a 
6.18 	termination of parental rights, a judicial determination by tribal court indicating the valid 
6.19 	reason why the child cannot or should not return home;
6.20 	(5) voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment 
6.21 	occurred in another state, the applicable laws in that state; or
6.22 	(6) death of the legal parent, or parents if the child has two legal parents.
6.23 	(c) There exists a specific factor or condition because of which it is reasonable to 
6.24 	conclude that the child cannot be placed with adoptive parents without providing adoption 
6.25 	assistance as evidenced by:
6.26 	(1) determination by the Social Security Administration that the child meets all 
6.27 	medical or disability requirements of title XVI of the Social Security Act with respect to 
6.28 	eligibility for Supplemental Security Income benefits;
6.29 	(2) documented physical, mental, emotional, or behavioral disability not covered 
6.30 	under clause (1);
6.31 	(3) member in a sibling group being adopted at the same time by the same parent;
6.32 	(4) adoptive placement in the home of a parent who previously adopted a sibling for 
6.33 	whom they receive adoption assistance; or
6.34 	(5) documentation that the child is an at-risk child.
6.35 	(d) A reasonable but unsuccessful effort was made to place the child with adoptive 
6.36 	parents without providing adoption assistance as evidenced by:
7.1 	(1) documented search for an appropriate adoptive placement; or
7.2 	(2) determination by the commissioner that a search under clause (1) is not in the 
7.3 	best interests of the child.
7.4 	(e) The requirement for a documented search for an appropriate adoptive placement 
7.5 	under paragraph (d), including the registration of the child with the State Adoption 
7.6 	Exchange and other recruitment methods under paragraph (f), must be waived if:
7.7 	(1) the child is being adopted by a relative and it is determined by the child-placing 
7.8 	agency that adoption by the relative is in the best interests of the child;
7.9 	(2) the child is being adopted by a foster parent with whom the child has developed 
7.10 	significant emotional ties while in their care as a foster child and it is determined by 
7.11 	the child-placing agency that adoption by the foster parent is in the best interests of the 
7.12 	child; or
7.13 	(3) the child is being adopted by a parent that previously adopted a sibling of the 
7.14 	child, and it is determined by the child-placing agency that adoption by this parent is 
7.15 	in the best interests of the child.
7.16 	When the Indian Child Welfare Act applies, a waiver must not be granted unless the 
7.17 	child-placing agency has complied with the placement preferences required by the Indian 
7.18 	Child Welfare Act according to United States Code, title 25, section 1915(a).
7.19 	(f) To meet the requirement of a documented search for an appropriate adoptive 
7.20 	placement under paragraph (d), clause (1), the child-placing agency minimally must:
7.21 	(1) conduct a relative search as required by section 260C.212, subdivision 5, and give 
7.22 	consideration to placement with a relative as required by section 260C.212, subdivision 2;
7.23 	(2) comply with the adoptive placement preferences required under the Indian Child 
7.24 	Welfare Act when the Indian Child Welfare Act, United States Code, title 25, section 
7.25 	1915(a), applies;
7.26 	(3) locate prospective adoptive families by registering the child on the State 
7.27 	Adoption Exchange, as required under section 259.75; and
7.28 	(4) if registration with the State Adoption Exchange does not result in the 
7.29 	identification of an appropriate adoptive placement, the agency must employ additional 
7.30 	recruitment methods, as outlined in requirements and procedures prescribed by the 
7.31 	commissioner.
7.32 	(g) Once the child-placing agency has determined that placement with an identified 
7.33 	parent is in the child's best interest and has made full written disclosure about the child's 
7.34 	social and medical history, the agency must ask the prospective adoptive parent if they are 
7.35 	willing to adopt the child without adoption assistance. If the identified parent is either 
7.36 	unwilling or unable to adopt the child without adoption assistance, the child-placing 
8.1 	agency must provide documentation as prescribed by the commissioner to fulfill the 
8.2 	requirement to make a reasonable effort to place the child without adoption assistance. If 
8.3 	the identified parent desires to adopt the child without adoption assistance, the parent must 
8.4 	provide a written statement to this effect to the child-placing agency and the statement must 
8.5 	be maintained in the permanent adoption record of the child-placing agency. For children 
8.6 	under guardianship of the commissioner, the child-placing agency shall submit a copy of 
8.7 	this statement to the commissioner to be maintained in the permanent adoption record.
8.8 		Subd. 3.Citizenship and immigration status. (a) A child must be a citizen of the 
8.9 	United States or otherwise eligible for federal public benefits according to the Personal 
8.10 	Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, in order to 
8.11 	be eligible for title IV-E Adoption Assistance Program.
8.12 	(b) A child must be a citizen of the United States or meet the qualified alien 
8.13 	requirements as defined in the Personal Responsibility and Work Opportunity 
8.14 	Reconciliation Act of 1996, as amended, in order to be eligible for state-funded adoption 
8.15 	assistance.
8.16 		Subd. 4.Background study. (a) A background study under section 259.41 must be 
8.17 	completed on each prospective adoptive parent. An adoptive parent is prohibited from 
8.18 	receiving adoption assistance on behalf of an otherwise eligible child if the background 
8.19 	study reveals:
8.20 	(1) a felony conviction at any time for:
8.21 	(i) child abuse or neglect;
8.22 	(ii) spousal abuse;
8.23 	(iii) a crime against children, including child pornography; or
8.24 	(iv) a crime involving violence, including rape, sexual assault, or homicide, but not 
8.25 	including other physical assault or battery; or
8.26 	(2) a felony conviction within the past five years for:
8.27 	(i) physical assault;
8.28 	(ii) battery; or
8.29 	(iii) a drug-related offense.
8.30 		Subd. 5.Responsibility for determining adoption assistance eligibility. The 
8.31 	state will determine eligibility for:
8.32 	(1) a Minnesota child under the guardianship of the commissioner who would 
8.33 	otherwise remain in foster care;
8.34 	(2) a child who is not under the guardianship of the commissioner who meets title 
8.35 	IV-E eligibility defined in section 473 of the Social Security Act and no state agency has 
8.36 	legal responsibility for placement and care of the child;
9.1 	(3) a Minnesota child under tribal jurisdiction who would otherwise remain in foster 
9.2 	care; and
9.3 	(4) an Indian child being placed in Minnesota who meets title IV-E eligibility defined 
9.4 	in section 473 of the Social Security Act. The agency or entity assuming responsibility for 
9.5 	the child is responsible for the nonfederal share of the adoption assistance payment.
9.6 		Subd. 6.Exclusions. The commissioner shall not enter into an adoption assistance 
9.7 	agreement with:
9.8 	(1) a child's biological parent or step parent;
9.9 	(2) a child's relative, according to section 260C.007, subdivision 27, with whom the 
9.10 	child resided immediately prior to child welfare involvement unless:
9.11 	(i) the child was in the custody of a Minnesota county or tribal agency pursuant to 
9.12 	an order under chapter 260C or equivalent provisions of tribal code and the agency had 
9.13 	placement and care responsibility for permanency planning for the child; and
9.14 	(ii) the child is under guardianship of the commissioner of human services according 
9.15 	to the requirements of section 260C.325, subdivision 1, paragraphs (a) and (b), or 
9.16 	subdivision 3, paragraphs (a) and (b), or is a ward of a Minnesota tribal court after 
9.17 	termination of parental rights, suspension of parental rights, or a finding by the tribal court 
9.18 	that the child cannot safely return to the care of the parent;
9.19 	(3) a child's legal custodian or guardian who is now adopting the child;
9.20 	(4) an individual adopting a child who is the subject of a direct adoptive placement 
9.21 	under section 259.47 or the equivalent in tribal code; or
9.22 	(5) an individual who is adopting a child who is not a citizen or resident of the 
9.23 	United States and was either adopted in another country or brought to this country for 
9.24 	the purposes of adoption.

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

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

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

11.27	Level I
	up to $150 per month
	
11.28	Level II
	up to $275 per month
	
11.29	Level III
	up to $400 per month
	
11.30	Level IV
	up to $500 per month
	
11.31 	A child's level shall be assessed on an assessment tool prescribed by the 
11.32 	commissioner. A child must receive the maximum payment for the child's assessed level, 
11.33 	unless a lesser amount is negotiated with and agreed to by the prospective adoptive parent.
11.34 		Subd. 4.Reimbursement for special nonmedical expenses. (a) Reimbursement 
11.35 	for special nonmedical expenses is available to children, except those eligible for adoption 
11.36 	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.65] INTERSTATE COMPACT ON ADOPTION AND MEDICAL 
19.12 	ASSISTANCE.
19.13 		Subdivision 1.Purpose. It is the purpose and policy of the state of Minnesota to:
19.14 	(1) enter into interstate agreements with agencies of other states to safeguard and 
19.15 	protect the interests of children covered by an adoption assistance agreement when they 
19.16 	are adopted across state lines or move to another state after adoption finalization; and
19.17 	(2) provide a framework for uniformity and consistency in administrative procedures 
19.18 	when a child with special needs is adopted by a family in another state and for children 
19.19 	adopted in Minnesota who move to another state.
19.20 		Subd. 2.Definitions. For the purposes of this section, the terms defined in this 
19.21 	subdivision have the meanings given them, unless the context clearly indicates otherwise.
19.22 	(1) "Adoption assistance state" means the state that certifies eligibility for Medicaid 
19.23 	in an adoption assistance agreement.
19.24 	(2) "Resident state" is the state where the adopted child is a resident.
19.25 	(3) "State" means a state of the United States, the District of Columbia, 
19.26 	the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the 
19.27 	Commonwealth of the Northern Mariana Islands, or a territory or possession of the 
19.28 	United States.
19.29 		Subd. 3.Compacts authorized. The commissioner is authorized to develop, 
19.30 	negotiate, and enter into one or more interstate compacts on behalf of this state with other 
19.31 	states to implement Medicaid for children with adoption assistance agreements.
19.32 		Subd. 4.Contents of compacts. (a) A compact must include:
19.33 	(1) a provision allowing all states to join the compact;
19.34 	(2) a provision for withdrawal from the compact upon written notice to the parties, 
19.35 	effective one year after the notice is provided;
20.1 	(3) a requirement that the protections afforded under the compact continue in force 
20.2 	for the duration of the adoption assistance from a party state other than the one in which 
20.3 	the adopted child is a resident;
20.4 	(4) a requirement that each instance of adoption assistance to which the compact 
20.5 	applies be covered by an adoption assistance agreement in writing between the adoptive 
20.6 	parent and the state child welfare agency of the state that provides the adoption assistance, 
20.7 	and that the agreement be expressly for the benefit of the adopted child and enforceable by 
20.8 	the adoptive parent and the state agency providing the adoption assistance; and
20.9 	(5) other provisions necessary and appropriate for the proper administration of the 
20.10 	compact.
20.11 	(b) A compact may contain provisions establishing requirements and entitlements to 
20.12 	medical, developmental, child care, or other social services for the child under state law, 
20.13 	even though the child and the adoptive parent are in a state other than the one responsible 
20.14 	for or providing the services or funds to pay part or all of the costs.
20.15 		Subd. 5.Duties of commissioner of human services regarding medical 
20.16 	assistance. (a) The commissioner of human services shall:
20.17 	(1) provide Minnesota medical assistance for an adopted child who is title IV-E 
20.18 	eligible;
20.19 	(2) provide Minnesota medical assistance for an adopted child who is not title IV-E 
20.20 	eligible who:
20.21 	(i) was determined to have a special need for medical or rehabilitative care;
20.22 	(ii) is living in another state; and 
20.23 	(iii) is covered by an adoption assistance agreement made by the commissioner for 
20.24 	medical coverage or benefits when the child is not eligible for Medicaid in the child's 
20.25 	residence state;
20.26 	(3) consider the holder of a medical assistance identification card under this 
20.27 	subdivision as any other recipient of medical assistance under chapter 256B; and
20.28 	(4) process and make payments on claims for the recipient in the same manner as 
20.29 	for other recipients of medical assistance.
20.30 	(b) Coverage must be limited to providers authorized by Minnesota's medical 
20.31 	assistance program, and according to Minnesota's program requirements.
20.32 		Subd. 6.Cooperation with Medicaid. The adoptive parent shall cooperate with 
20.33 	and abide by the Medicaid program requirements and procedures of the state which 
20.34 	provides medical coverage.
20.35 		Subd. 7.Federal participation. The commissioner shall apply for and administer 
20.36 	all relevant aid in accordance with state and federal law.

21.1 	Sec. 14. [259A.70] REIMBURSEMENT OF NONRECURRING ADOPTION 
21.2 	EXPENSES.
21.3 	(a) The commissioner of human services shall provide reimbursement to an adoptive 
21.4 	parent for costs incurred in an adoption of a child with special needs according to section 
21.5 	259A.10, subdivision 2. Reimbursement shall be made for expenses that are reasonable 
21.6 	and necessary for the adoption to occur, subject to a maximum of $2,000. The expenses 
21.7 	must directly relate to the legal adoption of the child, not be incurred in violation of state 
21.8 	or federal law, and must not have been reimbursed from other sources or funds.
21.9 	(b) Children who have special needs but are not citizens or residents of the United 
21.10 	States and were either adopted in another country or brought to this country for the 
21.11 	purposes of adoption are categorically ineligible for this reimbursement program, except if 
21.12 	the child meets the eligibility criteria after the dissolution of the international adoption.
21.13 	(c) An adoptive parent, in consultation with the responsible child-placing agency, 
21.14 	may request reimbursement of nonrecurring adoption expenses by submitting a complete 
21.15 	application, according to the requirements and procedures and on forms prescribed by 
21.16 	the commissioner.
21.17 	(d) The commissioner shall determine the child's eligibility for adoption expense 
21.18 	reimbursement under title IV-E of the Social Security Act, United States Code, title 42, 
21.19 	sections 670 to 676. If determined eligible, the commissioner of human services shall 
21.20 	sign the agreement for nonrecurring adoption expense reimbursement, making this a 
21.21 	fully executed agreement. To be eligible, the agreement must be fully executed prior to 
21.22 	the child's adoption finalization.
21.23 	(e) An adoptive parent who has an adoption assistance agreement under section 
21.24 	259A.15, subdivision 2, is not required to make a separate application for reimbursement 
21.25 	of nonrecurring adoption expenses for the child who is the subject of that agreement.
21.26 	(f) If determined eligible, the adoptive parent shall submit reimbursement requests 
21.27 	within 21 months of the date of the child's adoption decree, and according to requirements 
21.28 	and procedures prescribed by the commissioner.

21.29 	Sec. 15. [259A.75] REIMBURSEMENT OF CERTAIN AGENCY COSTS; 
21.30 	PURCHASE OF SERVICE CONTRACTS.
21.31 		Subdivision 1.General information. (a) Subject to the procedures required by 
21.32 	the commissioner and the provisions of this section, a Minnesota county or tribal social 
21.33 	services agency shall receive a reimbursement from the commissioner equal to 100 
21.34 	percent of the reasonable and appropriate cost for contracted adoption placement services 
22.1 	identified for a specific child that are not reimbursed under other federal or state funding 
22.2 	sources.
22.3 	(b) The commissioner may spend up to $16,000 for each purchase of service 
22.4 	contract. Only one contract per child per adoptive placement is permitted. Funds 
22.5 	encumbered and obligated under the contract for the child remain available until the terms 
22.6 	of the contract are fulfilled or the contract is terminated.
22.7 	(c) The commissioner shall set aside an amount not to exceed five percent of the 
22.8 	total amount of the fiscal year appropriation from the state for the adoption assistance 
22.9 	program to reimburse placing agencies for child-specific adoption placement services. 
22.10 	When adoption assistance payments for children's needs exceed 95 percent of the total 
22.11 	amount of the fiscal year appropriation from the state for the adoption assistance program, 
22.12 	the amount of reimbursement available to placing agencies for adoption services is 
22.13 	reduced correspondingly.
22.14 		Subd. 2.Child eligibility criteria. (a) A child who is the subject of a purchase 
22.15 	of service contract must:
22.16 	(1) have the goal of adoption, which may include an adoption in accordance with 
22.17 	tribal law;
22.18 	(2) be under the guardianship of the commissioner of human services or be a ward of 
22.19 	tribal court pursuant to section 260.755, subdivision 20; and
22.20 	(3) meet all of the special needs criteria according to section 259A.10, subdivision 2.
22.21 	(b) A child under the guardianship of the commissioner must have an identified 
22.22 	adoptive parent and a fully executed adoption placement agreement according to section 
22.23 	260C.613, subdivision 1, paragraph (a).
22.24 		Subd. 3.Agency eligibility criteria. (a) A Minnesota county or tribal social 
22.25 	services agency shall receive reimbursement for child-specific adoption placement 
22.26 	services for an eligible child that it purchases from a private adoption agency licensed in 
22.27 	Minnesota or any other state or tribal social services agency.
22.28 	(b) Reimbursement for adoption services is available only for services provided 
22.29 	prior to the date of the adoption decree.
22.30 		Subd. 4.Application and eligibility determination. (a) A county or tribal social 
22.31 	services agency may request reimbursement of costs for adoption placement services by 
22.32 	submitting a complete purchase of service application, according to the requirements and 
22.33 	procedures and on forms prescribed by the commissioner.
22.34 	(b) The commissioner shall determine eligibility for reimbursement of adoption 
22.35 	placement services. If determined eligible, the commissioner of human services shall 
22.36 	sign the purchase of service agreement, making this a fully executed contract. No 
23.1 	reimbursement under this section shall be made to an agency for services provided prior to 
23.2 	the fully executed contract.
23.3 	(c) Separate purchase of service agreements shall be made, and separate records 
23.4 	maintained, on each child. Only one agreement per child per adoptive placement is 
23.5 	permitted. For siblings who are placed together, services shall be planned and provided to 
23.6 	best maximize efficiency of the contracted hours.
23.7 		Subd. 5.Reimbursement process. (a) The agency providing adoption services is 
23.8 	responsible to track and record all service activity, including billable hours, on a form 
23.9 	prescribed by the commissioner. The agency shall submit this form to the state for 
23.10 	reimbursement after services have been completed.
23.11 	(b) The commissioner shall make the final determination whether or not the 
23.12 	requested reimbursement costs are reasonable and appropriate and if the services have 
23.13 	been completed according to the terms of the purchase of service agreement.
23.14 		Subd. 6.Retention of purchase of service records. Agencies entering into 
23.15 	purchase of service contracts shall keep a copy of the agreements, service records, and all 
23.16 	applicable billing and invoicing according to the department's record retention schedule. 
23.17 	Agency records shall be provided upon request by the commissioner.

23.18 	ARTICLE 2
23.19 	CHILD PROTECTION

23.20 	Section 1. Minnesota Statutes 2010, section 260.012, is amended to read:
23.21 	260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
23.22 	REUNIFICATION; REASONABLE EFFORTS.
23.23 	(a) Once a child alleged to be in need of protection or services is under the court's 
23.24 	jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 
23.25 	services, by the social services agency are made to prevent placement or to eliminate the 
23.26 	need for removal and to reunite the child with the child's family at the earliest possible 
23.27 	time, and the court must ensure that the responsible social services agency makes 
23.28 	reasonable efforts to finalize an alternative permanent plan for the child as provided in 
23.29 	paragraph (e). In determining reasonable efforts to be made with respect to a child and in 
23.30 	making those reasonable efforts, the child's best interests, health, and safety must be of 
23.31 	paramount concern. Reasonable efforts to prevent placement and for rehabilitation and 
23.32 	reunification are always required except upon a determination by the court that a petition 
23.33 	has been filed stating a prima facie case that:
24.1 	(1) the parent has subjected a child to egregious harm as defined in section 
24.2 	260C.007, subdivision 14;
24.3 	(2) the parental rights of the parent to another child have been terminated 
24.4 	involuntarily;
24.5 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, 
24.6 	paragraph (a), clause (2);
24.7 	(4) the parent's custodial rights to another child have been involuntarily transferred 
24.8 	to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar 
24.9 	law of another jurisdiction; or
24.10 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 
24.11 	2, against the child or another child of the parent;
24.12 	(6) the parent has committed an offense that requires registration as a predatory 
24.13 	offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
24.14 	(5)(7) the provision of services or further services for the purpose of reunification is 
24.15 	futile and therefore unreasonable under the circumstances.
24.16 	(b) When the court makes one of the prima facie determinations under paragraph (a), 
24.17 	either permanency pleadings under section 260C.201, subdivision 11, or a termination 
24.18 	of parental rights petition under sections 260C.141 and 260C.301 must be filed. A 
24.19 	permanency hearing under section 260C.201, subdivision 11, must be held within 30 
24.20 	days of this determination.
24.21 	(c) In the case of an Indian child, in proceedings under sections 260B.178 or 
24.22 	260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions 
24.23 	consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 
24.24 	1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child 
24.25 	Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social 
24.26 	services agency must provide active efforts as required under United States Code, title 
24.27 	25, section 1911(d).
24.28 	(d) "Reasonable efforts to prevent placement" means:
24.29 	(1) the agency has made reasonable efforts to prevent the placement of the child in 
24.30 	foster care by working with the family to develop and implement a safety plan; or
24.31 	(2) given the particular circumstances of the child and family at the time of the 
24.32 	child's removal, there are no services or efforts available which could allow the child to 
24.33 	safely remain in the home.
24.34 	(e) "Reasonable efforts to finalize a permanent plan for the child" means due 
24.35 	diligence by the responsible social services agency to:
24.36 	(1) reunify the child with the parent or guardian from whom the child was removed;
25.1 	(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 
25.2 	where appropriate, provide services necessary to enable the noncustodial parent to safely 
25.3 	provide the care, as required by section 260C.212, subdivision 4;
25.4 	(3) conduct a relative search to identify and provide notice to adult relatives as 
25.5 	required under section 260C.212, subdivision 5;
25.6 	(4) place siblings removed from their home in the same home for foster care or 
25.7 	adoption, or transfer permanent legal and physical custody to a relative. Visitation 
25.8 	between siblings who are not in the same foster care, adoption, or custodial placement or 
25.9 	facility shall be consistent with section 260C.212, subdivision 2; and
25.10 	(5) when the child cannot return to the parent or guardian from whom the child was 
25.11 	removed, to plan for and finalize a safe and legally permanent alternative home for the 
25.12 	child, and considers permanent alternative homes for the child inside or outside of the 
25.13 	state, preferably through adoption or transfer of permanent legal and physical custody of 
25.14 	the child.
25.15 	(f) Reasonable efforts are made upon the exercise of due diligence by the responsible 
25.16 	social services agency to use culturally appropriate and available services to meet the 
25.17 	needs of the child and the child's family. Services may include those provided by the 
25.18 	responsible social services agency and other culturally appropriate services available in 
25.19 	the community. At each stage of the proceedings where the court is required to review 
25.20 	the appropriateness of the responsible social services agency's reasonable efforts as 
25.21 	described in paragraphs (a), (d), and (e), the social services agency has the burden of 
25.22 	demonstrating that:
25.23 	(1) it has made reasonable efforts to prevent placement of the child in foster care;
25.24 	(2) it has made reasonable efforts to eliminate the need for removal of the child from 
25.25 	the child's home and to reunify the child with the child's family at the earliest possible time;
25.26 	(3) it has made reasonable efforts to finalize an alternative permanent home for 
25.27 	the child, and considers permanent alternative homes for the child inside or outside of 
25.28 	the state; or
25.29 	(4) reasonable efforts to prevent placement and to reunify the child with the parent 
25.30 	or guardian are not required. The agency may meet this burden by stating facts in a sworn 
25.31 	petition filed under section 260C.141, by filing an affidavit summarizing the agency's 
25.32 	reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 
25.33 	efforts to reunify the parent and child, or through testimony or a certified report required 
25.34 	under juvenile court rules.
25.35 	(g) Once the court determines that reasonable efforts for reunification are not 
25.36 	required because the court has made one of the prima facie determinations under paragraph 
26.1 	(a), the court may only require reasonable efforts for reunification after a hearing according 
26.2 	to section 260C.163, where the court finds there is not clear and convincing evidence of 
26.3 	the facts upon which the court based its prima facie determination. In this case when there 
26.4 	is clear and convincing evidence that the child is in need of protection or services, the 
26.5 	court may find the child in need of protection or services and order any of the dispositions 
26.6 	available under section 260C.201, subdivision 1. Reunification of a surviving child with a 
26.7 	parent is not required if the parent has been convicted of:
26.8 	(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 
26.9 	609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the 
26.10 	parent;
26.11 	(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the 
26.12 	surviving child; or
26.13 	(3) a violation of, or an attempt or conspiracy to commit a violation of, United States 
26.14 	Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.;
26.15 	(4) committing sexual abuse as defined in section 626.556, subdivision 2, against 
26.16 	the child or another child of the parent; or
26.17 	(5) an offense that requires registration as a predatory offender under section 
26.18 	243.166, subdivision 1b, paragraph (a) or (b).
26.19 	(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178, 
26.20 	260C.201, and 260C.301 shall make findings and conclusions as to the provision of 
26.21 	reasonable efforts. When determining whether reasonable efforts have been made, the 
26.22 	court shall consider whether services to the child and family were:
26.23 	(1) relevant to the safety and protection of the child;
26.24 	(2) adequate to meet the needs of the child and family;
26.25 	(3) culturally appropriate;
26.26 	(4) available and accessible;
26.27 	(5) consistent and timely; and
26.28 	(6) realistic under the circumstances.
26.29 	In the alternative, the court may determine that provision of services or further 
26.30 	services for the purpose of rehabilitation is futile and therefore unreasonable under the 
26.31 	circumstances or that reasonable efforts are not required as provided in paragraph (a).
26.32 	(i) This section does not prevent out-of-home placement for treatment of a child with 
26.33 	a mental disability when it is determined to be medically necessary as a result of the child's 
26.34 	diagnostic assessment or individual treatment plan indicates that appropriate and necessary 
26.35 	treatment cannot be effectively provided outside of a residential or inpatient treatment 
26.36 	program and the level or intensity of supervision and treatment cannot be effectively and 
27.1 	safely provided in the child's home or community and it is determined that a residential 
27.2 	treatment setting is the least restrictive setting that is appropriate to the needs of the child.
27.3 	(j) If continuation of reasonable efforts to prevent placement or reunify the child 
27.4 	with the parent or guardian from whom the child was removed is determined by the court 
27.5 	to be inconsistent with the permanent plan for the child or upon the court making one of 
27.6 	the prima facie determinations under paragraph (a), reasonable efforts must be made to 
27.7 	place the child in a timely manner in a safe and permanent home and to complete whatever 
27.8 	steps are necessary to legally finalize the permanent placement of the child.
27.9 	(k) Reasonable efforts to place a child for adoption or in another permanent 
27.10 	placement may be made concurrently with reasonable efforts to prevent placement or to 
27.11 	reunify the child with the parent or guardian from whom the child was removed. When 
27.12 	the responsible social services agency decides to concurrently make reasonable efforts for 
27.13 	both reunification and permanent placement away from the parent under paragraph (a), the 
27.14 	agency shall disclose its decision and both plans for concurrent reasonable efforts to all 
27.15 	parties and the court. When the agency discloses its decision to proceed on both plans for 
27.16 	reunification and permanent placement away from the parent, the court's review of the 
27.17 	agency's reasonable efforts shall include the agency's efforts under both plans.

27.18 	Sec. 2. Minnesota Statutes 2010, section 260C.001, is amended to read:
27.19 	260C.001 TITLE, INTENT, AND CONSTRUCTION.
27.20 		Subdivision 1.Citation; scope. (a) Sections 260C.001 to 260C.451 260C.521 may 
27.21 	be cited as the child juvenile protection provisions of the Juvenile Court Act. 
27.22 	(b) Juvenile protection proceedings include:
27.23 	(1) a child in need of protection or services matters;
27.24 	(2) permanency matters, including termination of parental rights;
27.25 	(3) postpermanency reviews under section 260C.521; and
27.26 	(4) adoption matters including posttermination of parental rights proceedings that 
27.27 	review the responsible social services agency's reasonable efforts to finalize adoption.
27.28 		Subd. 2.Child in need of Juvenile protection services proceedings. (a) The 
27.29 	paramount consideration in all juvenile protection proceedings concerning a child alleged 
27.30 	or found to be in need of protection or services is the health, safety, and best interests 
27.31 	of the child. In proceedings involving an American Indian child, as defined in section 
27.32 	260.755, subdivision 8, the best interests of the child must be determined consistent with 
27.33 	sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title 
27.34 	25, sections 1901 to 1923.
27.35 	(b) The purpose of the laws relating to juvenile courts protection proceedings is:
28.1 	(1) to secure for each child alleged or adjudicated in need of protection or services 
28.2 	and under the jurisdiction of the court, the care and guidance, preferably in the child's own 
28.3 	home, as will best serve the spiritual, emotional, mental, and physical welfare of the child;
28.4 	(2) to provide judicial procedures which that protect the welfare of the child;
28.5 	(3) to preserve and strengthen the child's family ties whenever possible and in the 
28.6 	child's best interests, removing the child from the custody of parents only when the child's 
28.7 	welfare or safety cannot be adequately safeguarded without removal;
28.8 	(4) to ensure that when removal from the child's own family is necessary and in the 
28.9 	child's best interests, the responsible social services agency has legal responsibility for 
28.10 	the child removal either:
28.11 	(i) pursuant to a voluntary placement agreement between the child's parent or 
28.12 	guardian or the child, when the child is over age 18, and the responsible social services 
28.13 	agency; or
28.14 	(ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or
28.15 	260C.178; 260C.201; 260C.325; or 260C.515;
28.16 	(5) to ensure that, when placement is pursuant to court order, the court order 
28.17 	removing the child or continuing the child in foster care contains an individualized 
28.18 	determination that placement is in the best interests of the child that coincides with the 
28.19 	actual removal of the child; and
28.20 	(6) to ensure that when the child is removed, the child's care and discipline is, as 
28.21 	nearly as possible, equivalent to that which should have been given by the parents and is 
28.22 	either in:
28.23 	(i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, 
28.24 	subdivision 1, paragraph (a), clause (1);
28.25 	(ii) the home of a relative pursuant to emergency placement by the responsible social 
28.26 	services agency under chapter 245A; or
28.27 	(iii) a foster homecare licensed under chapter 245A.; and
28.28 	(7) to ensure appropriate permanency planning for children in foster care including:
28.29 	(i) unless reunification is not required under section 260.012, developing a 
28.30 	permanency plan for the child that includes a primary plan for reunification with the 
28.31 	child's parent or guardian and a secondary plan for an alternative, legally permanent home 
28.32 	for the child in the event reunification cannot be achieved in a timely manner;
28.33 	(ii) identifying, locating, and assessing both parents of the child as soon as possible 
28.34 	and offering reunification services to both parents of the child as required under sections 
28.35 	260.012 and 260C.219;
29.1 	(iii) identifying, locating, and notifying relatives of both parents of the child 
29.2 	according to section 260.221;
29.3 	(iv) making a placement with a family that will commit to being the legally 
29.4 	permanent home for the child in the event reunification cannot occur at the earliest 
29.5 	possible time while at the same time actively supporting the reunification plan; and
29.6 	(v) returning the child home with supports and services, as soon as return is safe 
29.7 	for the child, or when safe return cannot be timely achieved, moving to finalize another 
29.8 	legally permanent home for the child.
29.9 		Subd. 3.Permanency and, termination of parental rights, and adoption. The 
29.10 	purpose of the laws relating to permanency and, termination of parental rights, and 
29.11 	adoption of a child who comes under the guardianship of the commissioner of human 
29.12 	services is to ensure that:
29.13 	(1) when required and appropriate, reasonable efforts have been made by the social 
29.14 	services agency to reunite the child with the child's parents in a home that is safe and 
29.15 	permanent; and
29.16 	(2) if placement with the parents is not reasonably foreseeable, to secure for the 
29.17 	child a safe and permanent placement according to the requirements of section 260C.212, 
29.18 	subdivision 2, preferably with adoptive parents or, if that is not possible or in the best 
29.19 	interests of the child, a fit and willing relative through transfer of permanent legal and 
29.20 	physical custody to that relative; and
29.21 	(3) when a child is under the guardianship of the commissioner of human services, 
29.22 	reasonable efforts are made to finalize an adoptive home for the child in a timely manner.
29.23 	Nothing in this section requires reasonable efforts to prevent placement or to reunify 
29.24 	the child with the parent or guardian to be made in circumstances where the court has 
29.25 	determined that the child has been subjected to egregious harm, when the child is an 
29.26 	abandoned infant, the parent has involuntarily lost custody of another child through a 
29.27 	proceeding under section 260C.201, subdivision 11 260C.515, subdivision 4, or similar 
29.28 	law of another state, the parental rights of the parent to a sibling have been involuntarily 
29.29 	terminated, or the court has determined that reasonable efforts or further reasonable efforts 
29.30 	to reunify the child with the parent or guardian would be futile.
29.31 	The paramount consideration in all proceedings for permanent placement of the 
29.32 	child under section 260C.201, subdivision 11 sections 260C.503 to 260C.521, or the 
29.33 	termination of parental rights is the best interests of the child. In proceedings involving an 
29.34 	American Indian child, as defined in section 260.755, subdivision 8, the best interests of 
29.35 	the child must be determined consistent with the Indian Child Welfare Act of 1978, United 
29.36 	States Code, title 25, section 1901, et seq.
30.1 		Subd. 4.Construction. The laws relating to the child protection provisions of 
30.2 	the juvenile courts protection proceedings shall be liberally construed to carry out these 
30.3 	purposes.

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

30.8 	Sec. 4. Minnesota Statutes 2010, section 260C.007, is amended by adding a 
30.9 	subdivision to read:
30.10 		Subd. 26a.Putative father. "Putative father" has the meaning given in section 
30.11 	259.21, subdivision 12.

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

30.18 	Sec. 6. Minnesota Statutes 2010, section 260C.007, is amended by adding a 
30.19 	subdivision to read:
30.20 		Subd. 31.Sibling. "Sibling" means one of two or more individuals who have one 
30.21 	or both parents in common through blood, marriage, or adoption including siblings as 
30.22 	defined by the child's tribal code or custom.

30.23 	Sec. 7. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to read:
30.24 		Subd. 2.Other matters relating to children. Except as provided in clause (4), The 
30.25 	juvenile court has original and exclusive jurisdiction in proceedings concerning:
30.26 	(1) the termination of parental rights to a child in accordance with the provisions of 
30.27 	sections 260C.301 to 260C.328;
30.28 	(2) permanency matters under sections 260C.503 to 260C.521;
30.29 	(3) the appointment and removal of a juvenile court guardian for a child, where 
30.30 	parental rights have been terminated under the provisions of sections 260C.301 to 
30.31 	260C.328;
31.1 	(3) (4) judicial consent to the marriage of a child when required by law;
31.2 	(4) the juvenile court in those counties in which the judge of the probate-juvenile 
31.3 	court has been admitted to the practice of law in this state shall proceed under the laws 
31.4 	relating to adoptions in all adoption matters. In those counties in which the judge of the 
31.5 	probate-juvenile court has not been admitted to the practice of law in this state the district 
31.6 	court shall proceed under the laws relating to adoptions in
31.7 	(5) all adoption matters and review of the efforts to finalize the adoption of the child;
31.8 	(5) (6) the review of the placement of a child who is in foster care pursuant to a 
31.9 	voluntary placement agreement between the child's parent or parents and the responsible 
31.10 	social services agency under section 260C.212, subdivision 8 260C.227; or between the 
31.11 	child, when the child is over age 18, and the agency under section 260C.229; and
31.12 	(6) (7) the review of voluntary foster care placement of a child for treatment under 
31.13 	chapter 260D according to the review requirements of that chapter.

31.14 	Sec. 8. Minnesota Statutes 2010, section 260C.150, subdivision 1, is amended to read:
31.15 		Subdivision 1.Determining parentage. (a) A parent and child relationship may be 
31.16 	established under this chapter according to the requirements of section 257.54 and the 
31.17 	Minnesota Rules of Juvenile Protection Procedure. The requirements of the Minnesota 
31.18 	Parentage Act must be followed unless otherwise specified in this section.
31.19 	(b) An action to commence a parent and child relationship under this chapter must 
31.20 	be commenced by motion, which shall be personally served upon the alleged parent and 
31.21 	served upon the required parties under the Minnesota Parentage Act as provided for service 
31.22 	of motions in the Minnesota Rules of Juvenile Protection Procedure. The motion shall be 
31.23 	brought in an existing juvenile protection proceeding and may be brought by any party, a 
31.24 	putative father, or the county attorney representing the responsible social services agency.
31.25 	(c) Notwithstanding any other provisions of law, a motion to establish parentage 
31.26 	under this section, and any related documents or orders, are not confidential and are 
31.27 	accessible to the public according to the provisions of the Minnesota Rules of Juvenile 
31.28 	Protection Procedure. Any hearings related to establishment of paternity under this section 
31.29 	are accessible to the public according to the Minnesota Rules of Juvenile Protection 
31.30 	Procedure.
31.31 	(d) The court may order genetic testing of any putative father or any man presumed 
31.32 	to be father of a child who is the subject of a juvenile protection matter unless paternity 
31.33 	has already been adjudicated under the Minnesota Parentage Act or a recognition of 
31.34 	parentage has been fully executed and filed under section 257.75 when the recognition 
31.35 	of parentage has the force and effect of a judgment or order determining the existence 
32.1 	of the parent and child relationship under section 257.66. If a genetic testing is ordered, 
32.2 	a positive genetic test pursuant to section 257.62, subdivision 5, is required to establish 
32.3 	paternity for a child under this chapter.
32.4 	(e) A copy of the order establishing the parent and child relationship shall be filed 
32.5 	in family court. Any further proceedings for modification of the child support portion of 
32.6 	the order that establishes the parent and child relationship shall be brought in the family 
32.7 	court of the county where the original order was filed. The review shall be under chapters 
32.8 	518 and 518A. Notice of any family court proceedings shall be provided by the court 
32.9 	administrator to the responsible social services agency, which shall be a party to the 
32.10 	family court proceeding. 

32.11 	Sec. 9. Minnesota Statutes 2010, section 260C.157, subdivision 1, is amended to read:
32.12 		Subdivision 1.Investigation. Upon request of the court the responsible social 
32.13 	services agency or probation officer shall investigate the personal and family history 
32.14 	and environment of any minor coming within the jurisdiction of the court under section 
32.15 	260C.101 and shall report its findings to the court. The court may order any minor coming 
32.16 	within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or 
32.17 	psychologist appointed by the court. 
32.18 	Adoption investigations shall be conducted in accordance with the laws relating to 
32.19 	adoptions in chapter 259. Any funds received under the provisions of this subdivision 
32.20 	shall not cancel until the end of the fiscal year immediately following the fiscal year in 
32.21 	which the funds were received. The funds are available for use by the commissioner of 
32.22 	corrections during that period and are hereby appropriated annually to the commissioner of 
32.23 	corrections as reimbursement of the costs of providing these services to the juvenile courts.

32.24 	Sec. 10. Minnesota Statutes 2010, section 260C.157, subdivision 3, is amended to read:
32.25 		Subd. 3.Juvenile treatment screening team. (a) The responsible social services 
32.26 	agency shall establish a juvenile treatment screening team to conduct screenings and 
32.27 	prepare case plans under this subdivision section 245.487, subdivision 3, and chapters 
32.28 	260C and 260D. Screenings shall be conducted within 15 days of a request for a screening. 
32.29 	The team, which may be the team constituted under section 245.4885 or 256B.092 or 
32.30 	Minnesota Rules, parts 9530.6600 to 9530.6655, shall consist of social workers, juvenile 
32.31 	justice professionals, and persons with expertise in the treatment of juveniles who are 
32.32 	emotionally disabled, chemically dependent, or have a developmental disability. The team 
32.33 	shall involve parents or guardians in the screening process as appropriate, and the child's 
33.1 	parent, guardian, or permanent legal custodian under section 260C.201, subdivision 11. 
33.2 	The team may be the same team as defined in section 260B.157, subdivision 3.
33.3 	(b) The social services agency shall determine whether a child brought to its 
33.4 	attention for the purposes described in this section is an Indian child, as defined in section 
33.5 	260C.007, subdivision 21, and shall determine the identity of the Indian child's tribe, as 
33.6 	defined in section 260.755, subdivision 9. When a child to be evaluated is an Indian child, 
33.7 	the team provided in paragraph (a) shall include a designated representative of the Indian 
33.8 	child's tribe, unless the child's tribal authority declines to appoint a representative. The 
33.9 	Indian child's tribe may delegate its authority to represent the child to any other federally 
33.10 	recognized Indian tribe, as defined in section 260.755, subdivision 12.
33.11 	(c) If the court, prior to, or as part of, a final disposition, proposes to place a child:
33.12 	(1) for the primary purpose of treatment for an emotional disturbance, a 
33.13 	developmental disability, or chemical dependency in a residential treatment facility out 
33.14 	of state or in one which is within the state and licensed by the commissioner of human 
33.15 	services under chapter 245A; or
33.16 	(2) in any out-of-home setting potentially exceeding 30 days in duration, including a 
33.17 	postdispositional placement in a facility licensed by the commissioner of corrections or 
33.18 	human services, the court shall ascertain whether the child is an Indian child and shall 
33.19 	notify the county welfare agency and, if the child is an Indian child, shall notify the Indian 
33.20 	child's tribe. The county's juvenile treatment screening team must either: (i) screen and 
33.21 	evaluate the child and file its recommendations with the court within 14 days of receipt 
33.22 	of the notice; or (ii) elect not to screen a given case and notify the court of that decision 
33.23 	within three working days.
33.24 	(d) If the screening team has elected to screen and evaluate the child, The child 
33.25 	may not be placed for the primary purpose of treatment for an emotional disturbance, a 
33.26 	developmental disability, or chemical dependency, in a residential treatment facility out of 
33.27 	state nor in a residential treatment facility within the state that is licensed under chapter 
33.28 	245A, unless one of the following conditions applies:
33.29 	(1) a treatment professional certifies that an emergency requires the placement 
33.30 	of the child in a facility within the state;
33.31 	(2) the screening team has evaluated the child and recommended that a residential 
33.32 	placement is necessary to meet the child's treatment needs and the safety needs of the 
33.33 	community, that it is a cost-effective means of meeting the treatment needs, and that it 
33.34 	will be of therapeutic value to the child; or
33.35 	(3) the court, having reviewed a screening team recommendation against placement, 
33.36 	determines to the contrary that a residential placement is necessary. The court shall state 
34.1 	the reasons for its determination in writing, on the record, and shall respond specifically 
34.2 	to the findings and recommendation of the screening team in explaining why the 
34.3 	recommendation was rejected. The attorney representing the child and the prosecuting 
34.4 	attorney shall be afforded an opportunity to be heard on the matter.
34.5 	(e) When the county's juvenile treatment screening team has elected to screen and 
34.6 	evaluate a child determined to be an Indian child, the team shall provide notice to the 
34.7 	tribe or tribes that accept jurisdiction for the Indian child or that recognize the child as a 
34.8 	member of the tribe or as a person eligible for membership in the tribe, and permit the 
34.9 	tribe's representative to participate in the screening team.
34.10 	(f) When the Indian child's tribe or tribal health care services provider or Indian 
34.11 	Health Services provider proposes to place a child for the primary purpose of treatment 
34.12 	for an emotional disturbance, a developmental disability, or co-occurring emotional 
34.13 	disturbance and chemical dependency, the Indian child's tribe or the tribe delegated by 
34.14 	the child's tribe shall submit necessary documentation to the county juvenile treatment 
34.15 	screening team, which must invite the Indian child's tribe to designate a representative to 
34.16 	the screening team.

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

34.18 	Sec. 11. Minnesota Statutes 2010, section 260C.163, subdivision 1, is amended to read:
34.19 		Subdivision 1.General. (a) Except for hearings arising under section 260C.425, 
34.20 	hearings on any matter shall be without a jury and may be conducted in an informal 
34.21 	manner. In all adjudicatory proceedings involving a child alleged to be in need of 
34.22 	protection or services regarding juvenile protection matters under this chapter, the court 
34.23 	shall admit only evidence that would be admissible in a civil trial. To be proved at trial, 
34.24 	allegations of a petition alleging a child to be in need of protection or services must be 
34.25 	proved by clear and convincing evidence.
34.26 	(b) Except for proceedings involving a child alleged to be in need of protection or 
34.27 	services and petitions for the termination of parental rights, hearings may be continued or 
34.28 	adjourned from time to time. In proceedings involving a child alleged to be in need of 
34.29 	protection or services and petitions for the termination of parental rights, hearings may not 
34.30 	be continued or adjourned for more than one week unless the court makes specific findings 
34.31 	that the continuance or adjournment is in the best interests of the child. If a hearing is held 
34.32 	on a petition involving physical or sexual abuse of a child who is alleged to be in need of 
34.33 	protection or services or neglected and in foster care, the court shall file the decision with 
34.34 	the court administrator as soon as possible but no later than 15 days after the matter is 
34.35 	submitted to the court. When a continuance or adjournment is ordered in any proceeding, 
35.1 	the court may make any interim orders as it deems in the best interests of the minor in 
35.2 	accordance with the provisions of sections 260C.001 to 260C.421 this chapter.
35.3 	(c) Absent exceptional circumstances, hearings under this chapter, except hearings 
35.4 	in adoption proceedings, are presumed to be accessible to the public, however the court 
35.5 	may close any hearing and the records related to any matter as provided in the Minnesota 
35.6 	Rules of Juvenile Protection Procedure.
35.7 	(d) Adoption hearings shall be conducted in accordance with the provisions of laws 
35.8 	relating to adoptions are closed to the public and all records related to an adoption are 
35.9 	inaccessible except as provided in the Minnesota Rules of Adoption Procedure.
35.10 	(e) In any permanency hearing, including the transition of a child from foster care 
35.11 	to independent living, the court shall ensure that its consult with the child during the 
35.12 	hearing is in an age-appropriate manner.

35.13 	Sec. 12. Minnesota Statutes 2010, section 260C.163, subdivision 4, is amended to read:
35.14 		Subd. 4.County attorney. Except in adoption proceedings, the county attorney 
35.15 	shall present the evidence upon request of the court. In representing the responsible social 
35.16 	services agency, the county attorney shall also have the responsibility for advancing the 
35.17 	public interest in the welfare of the child.

35.18 	Sec. 13. Minnesota Statutes 2010, section 260C.163, subdivision 8, is amended to read:
35.19 		Subd. 8.Rights of parties at hearing. (a) Except in adoption proceedings or review 
35.20 	hearings after termination of parental rights, the minor child and the minor's child's parent, 
35.21 	guardian, or custodian are entitled to be heard, to present evidence material to the case, 
35.22 	and to cross-examine witnesses appearing at the hearing.
35.23 	(b) A child who is under the guardianship of the commissioner of human services 
35.24 	has the right to be consulted in an age-appropriate manner regarding the adoption plan for 
35.25 	the child. A child age 16 or over must consent to the adoption.

35.26 	Sec. 14. Minnesota Statutes 2010, section 260C.178, subdivision 1, is amended to read:
35.27 		Subdivision 1.Hearing and release requirements. (a) If a child was taken into 
35.28 	custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall 
35.29 	hold a hearing within 72 hours of the time the child was taken into custody, excluding 
35.30 	Saturdays, Sundays, and holidays, to determine whether the child should continue in 
35.31 	custody.
35.32 	(b) Unless there is reason to believe that the child would endanger self or others or 
35.33 	not return for a court hearing, or that the child's health or welfare would be immediately 
36.1 	endangered, the child shall be released to the custody of a parent, guardian, custodian, 
36.2 	or other suitable person, subject to reasonable conditions of release including, but not 
36.3 	limited to, a requirement that the child undergo a chemical use assessment as provided in 
36.4 	section 260C.157, subdivision 1.
36.5 	(c) If the court determines there is reason to believe that the child would endanger 
36.6 	self or others or not return for a court hearing, or that the child's health or welfare would 
36.7 	be immediately endangered if returned to the care of the parent or guardian who has 
36.8 	custody and from whom the child was removed, the court shall order the child into 
36.9 	foster care under the legal responsibility of the responsible social services agency or 
36.10 	responsible probation or corrections agency for the purposes of protective care as that term 
36.11 	is used in the juvenile court rules or into the home of a noncustodial parent and order the 
36.12 	noncustodial parent to comply with any conditions the court determines to be appropriate 
36.13 	to the safety and care of the child, including cooperating with paternity establishment 
36.14 	proceedings in the case of a man who has not been adjudicated the child's father. The 
36.15 	court shall not give the responsible social services legal custody and order a trial home 
36.16 	visit at any time prior to adjudication and disposition under section 260C.201, subdivision 
36.17 	1, paragraph (a), clause (3), but may order the child returned to the care of the parent or 
36.18 	guardian who has custody and from whom the child was removed and order the parent or 
36.19 	guardian to comply with any conditions the court determines to be appropriate to meet 
36.20 	the safety, health, and welfare of the child.
36.21 	(d) In determining whether the child's health or welfare would be immediately 
36.22 	endangered, the court shall consider whether the child would reside with a perpetrator 
36.23 	of domestic child abuse.
36.24 	(e) The court, before determining whether a child should be placed in or continue 
36.25 	in foster care under the protective care of the responsible agency, shall also make a 
36.26 	determination, consistent with section 260.012 as to whether reasonable efforts were made 
36.27 	to prevent placement or whether reasonable efforts to prevent placement are not required. 
36.28 	In the case of an Indian child, the court shall determine whether active efforts, according 
36.29 	to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), 
36.30 	were made to prevent placement. The court shall enter a finding that the responsible 
36.31 	social services agency has made reasonable efforts to prevent placement when the agency 
36.32 	establishes either:
36.33 	(1) that it has actually provided services or made efforts in an attempt to prevent 
36.34 	the child's removal but that such services or efforts have not proven sufficient to permit 
36.35 	the child to safely remain in the home; or
37.1 	(2) that there are no services or other efforts that could be made at the time of the 
37.2 	hearing that could safely permit the child to remain home or to return home. When 
37.3 	reasonable efforts to prevent placement are required and there are services or other efforts 
37.4 	that could be ordered which would permit the child to safely return home, the court shall 
37.5 	order the child returned to the care of the parent or guardian and the services or efforts put 
37.6 	in place to ensure the child's safety. When the court makes a prima facie determination 
37.7 	that one of the circumstances under paragraph (g) exists, the court shall determine that 
37.8 	reasonable efforts to prevent placement and to return the child to the care of the parent or 
37.9 	guardian are not required.
37.10 	If the court finds the social services agency's preventive or reunification efforts 
37.11 	have not been reasonable but further preventive or reunification efforts could not permit 
37.12 	the child to safely remain at home, the court may nevertheless authorize or continue 
37.13 	the removal of the child.
37.14 	(f) The court may not order or continue the foster care placement of the child unless 
37.15 	the court makes explicit, individualized findings that continued custody of the child by 
37.16 	the parent or guardian would be contrary to the welfare of the child and that placement is 
37.17 	in the best interest of the child.
37.18 	(g) At the emergency removal hearing, or at any time during the course of the 
37.19 	proceeding, and upon notice and request of the county attorney, the court shall determine 
37.20 	whether a petition has been filed stating a prima facie case that:
37.21 	(1) the parent has subjected a child to egregious harm as defined in section 
37.22 	260C.007, subdivision 14;
37.23 	(2) the parental rights of the parent to another child have been involuntarily 
37.24 	terminated;
37.25 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, 
37.26 	paragraph (a), clause (2);
37.27 	(4) the parents' custodial rights to another child have been involuntarily transferred 
37.28 	to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph 
37.29 	(e), clause (1); section 260C.515, subdivision 4, or a similar law of another jurisdiction; or
37.30 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 
37.31 	2, against the child or another child of the parent;
37.32 	(6) the parent has committed an offense that requires registration as a predatory 
37.33 	offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
37.34 	(7) the provision of services or further services for the purpose of reunification is 
37.35 	futile and therefore unreasonable.
38.1 	(h) When a petition to terminate parental rights is required under section 260C.301, 
38.2 	subdivision 3 or 4, but the county attorney has determined not to proceed with a 
38.3 	termination of parental rights petition, and has instead filed a petition to transfer permanent 
38.4 	legal and physical custody to a relative under section 260C.201, subdivision 11 260C.515, 
38.5 	subdivision 4, the court shall schedule a permanency hearing within 30 days of the filing 
38.6 	of the petition.
38.7 	(i) If the county attorney has filed a petition under section 260C.307, the court shall 
38.8 	schedule a trial under section 260C.163 within 90 days of the filing of the petition except 
38.9 	when the county attorney determines that the criminal case shall proceed to trial first under 
38.10 	section 260C.201, subdivision 3 260C.503, subdivision 2, paragraph (c).
38.11 	(j) If the court determines the child should be ordered into foster care and the child's 
38.12 	parent refuses to give information to the responsible social services agency regarding the 
38.13 	child's father or relatives of the child, the court may order the parent to disclose the names, 
38.14 	addresses, telephone numbers, and other identifying information to the responsible social 
38.15 	services agency for the purpose of complying with the requirements of sections 260C.151, 
38.16 	260C.212, and 260C.215.
38.17 	(k) If a child ordered into foster care has siblings, whether full, half, or step, who 
38.18 	are also ordered into foster care, the court shall inquire of the responsible social services 
38.19 	agency of the efforts to place the children together as required by section 260C.212, 
38.20 	subdivision 2, paragraph (d), if placement together is in each child's best interests, unless 
38.21 	a child is in placement for treatment or a child is placed with a previously noncustodial 
38.22 	parent who is not a parent to all siblings. If the children are not placed together at the time 
38.23 	of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable 
38.24 	efforts to place the siblings together, as required under section 260.012. If any sibling is 
38.25 	not placed with another sibling or siblings, the agency must develop a plan to facilitate 
38.26 	visitation or ongoing contact among the siblings as required under section 260C.212, 
38.27 	subdivision 1, unless it is contrary to the safety or well-being of any of the siblings to do so.
38.28 	(l) When the court has ordered the child into foster care or into the home of a 
38.29 	noncustodial parent, the court may order a chemical dependency evaluation, mental health 
38.30 	evaluation, medical examination, and parenting assessment for the parent as necessary 
38.31 	to support the development of a plan for reunification required under subdivision 7 and 
38.32 	section 260C.212, subdivision 1, or the child protective services plan under section 
38.33 	626.556, subdivision 10, and Minnesota Rules, part 9560.0228.

38.34 	Sec. 15. Minnesota Statutes 2010, section 260C.178, subdivision 7, is amended to read:
39.1 		Subd. 7.Out-of-home placement plan. (a) An out-of-home placement plan 
39.2 	required under section 260C.212 shall be filed with the court within 30 days of the filing 
39.3 	of a juvenile protection petition alleging the child to be in need of protection or services
39.4 	under section 260C.141, subdivision 1, when the court orders emergency removal of the 
39.5 	child under this section, or filed with the petition if the petition is a review of a voluntary 
39.6 	placement under section 260C.141, subdivision 2.
39.7 	(b) Upon the filing of the out-of-home placement plan which has been developed 
39.8 	jointly with the parent and in consultation with others as required under section 260C.212, 
39.9 	subdivision 1, the court may approve implementation of the plan by the responsible social 
39.10 	services agency based on the allegations contained in the petition and any evaluations, 
39.11 	examinations, or assessments conducted under subdivision 1, paragraph (l). The court 
39.12 	shall send written notice of the approval of the out-of-home placement plan to all parties 
39.13 	and the county attorney or may state such approval on the record at a hearing. A parent 
39.14 	may agree to comply with the terms of the plan filed with the court.
39.15 	(c) The responsible social services agency shall make reasonable attempts efforts
39.16 	to engage a parent both parents of the child in case planning. If the parent refuses to 
39.17 	cooperate in the development of the out-of-home placement plan or disagrees with the 
39.18 	services recommended by The responsible social service agency, the agency shall note 
39.19 	such refusal or disagreement for the court report the results of its efforts to engage the 
39.20 	child's parents in the out-of-home placement plan filed with the court. The agency shall 
39.21 	notify the court of the services it will provide or efforts it will attempt under the plan 
39.22 	notwithstanding the parent's refusal to cooperate or disagreement with the services. The 
39.23 	parent may ask the court to modify the plan to require different or additional services 
39.24 	requested by the parent, but which the agency refused to provide. The court may approve 
39.25 	the plan as presented by the agency or may modify the plan to require services requested 
39.26 	by the parent. The court's approval shall be based on the content of the petition.
39.27 	(d) Unless the parent agrees to comply with the terms of the out-of-home placement 
39.28 	plan, the court may not order a parent to comply with the provisions of the plan until the 
39.29 	court finds the child is in need of protection or services and orders disposition under 
39.30 	section 260C.201, subdivision 1. However, the court may find that the responsible social 
39.31 	services agency has made reasonable efforts for reunification if the agency makes efforts 
39.32 	to implement the terms of an out-of-home placement plan approved under this section.

39.33 	Sec. 16. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:
39.34 		Subd. 3.Best interest of the child in foster care or residential care. (a) The 
39.35 	policy of the state is to ensure that the best interests of children in foster or residential
40.1 	care, who experience transfer of permanent legal and physical custody to a relative under 
40.2 	section 260C.515, subdivision 4, or adoption under chapter 259 are met by requiring 
40.3 	individualized determinations under section 260C.212, subdivision 2, paragraph (b), of 
40.4 	the needs of the child and of how the selected placement home will serve the needs of the 
40.5 	child in foster care placements. 
40.6 	(b) No later than three months after a child is ordered removed from the care of a 
40.7 	parent in the hearing required under section 260C.202, the court shall review and enter 
40.8 	findings regarding whether the responsible social services agency made:
40.9 	(1) diligent  efforts to identify and search for relatives as required under section 
40.10 	260C.212, subdivision 5, 260C.221; and made
40.11 	(2) an individualized determination as required under section 260C.212, subdivision 
40.12 	2, to select a home that meets the needs of the child. 
40.13 	(c) If the court finds the agency has not made efforts as required under section 
40.14 	260C.212, subdivision 5,260C.221 and there is a relative who qualifies to be licensed 
40.15 	to provide family foster care under chapter 245A, the court may order the child placed 
40.16 	with the relative consistent with the child's best interests. 
40.17 	(d) If the agency's efforts under section 260C.221 are found to be sufficient, the 
40.18 	court shall order the agency to continue to appropriately engage relatives who responded 
40.19 	to the notice under section 260C.221 in placement and case planning decisions and to 
40.20 	appropriately engage relatives who subsequently come to the agency's attention.
40.21 	(c) (e) If the child's birth parent or parents explicitly request that a relative or 
40.22 	important friend not be considered, the court shall honor that request if it is consistent with 
40.23 	the best interests of the child. If the child's birth parent or parents express a preference 
40.24 	for placing the child in a foster or adoptive home of the same or a similar religious 
40.25 	background to that of the birth parent or parents, the court shall order placement of the 
40.26 	child with an individual who meets the birth parent's religious preference.
40.27 	(d) (f) Placement of a child cannot be delayed or denied based on race, color, or 
40.28 	national origin of the foster parent or the child.
40.29 	(e)(g) Whenever possible, siblings should be placed together unless it is determined 
40.30 	not to be in the best interests of a sibling siblings. If siblings are were not placed together 
40.31 	according to section 260C.212, subdivision 2, paragraph (d), the responsible social 
40.32 	services agency shall report to the court the efforts made to place the siblings together 
40.33 	and why the efforts were not successful. If the court is not satisfied with that the agency's
40.34 	agency has made reasonable efforts to place siblings together, the court may must order 
40.35 	the agency to make reasonable further efforts. If siblings are not placed together the court 
40.36 	shall review order the responsible social services agency's agency to implement the plan 
41.1 	for visitation among siblings required as part of the out-of-home placement plan under 
41.2 	section 260C.212. 
41.3 	(f) This subdivision does not affect the Indian Child Welfare Act, United States 
41.4 	Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 
41.5 	Act, sections 260.751 to 260.835. 

41.6 	Sec. 17. Minnesota Statutes 2010, section 260C.193, subdivision 6, is amended to read:
41.7 		Subd. 6.Jurisdiction to review foster care to age 21, termination of jurisdiction, 
41.8 	jurisdiction to age 18. (a) Jurisdiction over a child in foster care pursuant to section 
41.9 	260C.451may shall continue to age 21 for the purpose of conducting the reviews required 
41.10 	under section 260C.201, subdivision 11, paragraph (d), 260C.212, subdivision 7, or 
41.11 	260C.317, subdivision 3 260C.203 or 260C.515, subdivision 5 or 6. Jurisdiction over a 
41.12 	child in foster care pursuant to section 260C.451 shall not be terminated without giving 
41.13 	the child notice of any motion or proposed order to dismiss jurisdiction and an opportunity 
41.14 	to be heard on the appropriateness of the dismissal. When a child in foster care pursuant to 
41.15 	section 260C.451 asks to leave foster care or actually leaves foster care, the court may 
41.16 	terminate its jurisdiction.
41.17 	(b) Except when a court order is necessary for a child to be in foster care or when 
41.18 	continued review under (1) section 260C.212, subdivision 7, paragraph (d), or 260C.201, 
41.19 	subdivision 11, paragraph (d), and (2) section 260C.317, subdivision 3, is required for a 
41.20 	child in foster care under section 260C.451, The court may terminate jurisdiction on its 
41.21 	own motion or the motion of any interested party upon a determination that jurisdiction is 
41.22 	no longer necessary to protect the child's best interests except when:
41.23 	(1) a court order is necessary for a child to be in foster care; or
41.24 	(2) continued review under section 260C.203 or 260C.515, subdivision 5 or 6, is 
41.25 	required for a child in foster care under section 260C.451.
41.26 	(c) Unless terminated by the court, and except as otherwise provided in this 
41.27 	subdivision, the jurisdiction of the court shall continue until the child becomes 18 years 
41.28 	of age. The court may continue jurisdiction over an individual and all other parties to 
41.29 	the proceeding to the individual's 19th birthday when continuing jurisdiction is in the 
41.30 	individual's best interest in order to:
41.31 	(1) protect the safety or health of the individual;
41.32 	(2) accomplish additional planning for independent living or for the transition out of 
41.33 	foster care; or
41.34 	(3) support the individual's completion of high school or a high school equivalency 
41.35 	program.

42.1 	Sec. 18. Minnesota Statutes 2010, section 260C.201, subdivision 2, is amended to read:
42.2 		Subd. 2.Written findings. (a) Any order for a disposition authorized under this 
42.3 	section shall contain written findings of fact to support the disposition and case plan 
42.4 	ordered and shall also set forth in writing the following information:
42.5 	(1) why the best interests and safety of the child are served by the disposition and 
42.6 	case plan ordered;
42.7 	(2) what alternative dispositions or services under the case plan were considered by 
42.8 	the court and why such dispositions or services were not appropriate in the instant case;
42.9 	(3) when legal custody of the child is transferred, the appropriateness of the 
42.10 	particular placement made or to be made by the placing agency using the factors in section 
42.11 	260C.212, subdivision 2, paragraph (b);
42.12 	(4) whether reasonable efforts to finalize the permanent plan for the child consistent 
42.13 	with section 260.012 were made including reasonable efforts:
42.14 	(i) to prevent or eliminate the necessity of the child's removal placement and to 
42.15 	reunify the family after removal child with the parent or guardian from whom the child was 
42.16 	removed at the earliest time consistent with the child's safety. The court's findings must 
42.17 	include a brief description of what preventive and reunification efforts were made and 
42.18 	why further efforts could not have prevented or eliminated the necessity of removal or that 
42.19 	reasonable efforts were not required under section 260.012 or 260C.178, subdivision 1; 
42.20 	(ii) to identify and locate any noncustodial or nonresident parent of the child and to 
42.21 	assess such parent's ability to provide day-to-day care of the child, and, where appropriate, 
42.22 	provide services necessary to enable the noncustodial or nonresident parent to safely 
42.23 	provide day-to-day care of the child as required under section 260C.219, unless such 
42.24 	services are not required under section 260.012 or 260C.178, subdivision 1;
42.25 	(iii) to make the diligent search for relatives and provide the notices required under 
42.26 	section 260C.221; a finding made pursuant to a hearing under section 260C.202 that 
42.27 	the agency has made diligent efforts to conduct a relative search and has appropriately 
42.28 	engaged relatives who responded to the notice under section 260C.221 and other relatives, 
42.29 	who came to the attention of the agency after notice under section 260C.221 was sent, in 
42.30 	placement and case planning decisions fulfills the requirement of this item;
42.31 	(iv) to identify and make a foster care placement in the home of an unlicensed 
42.32 	relative according to the requirements of section 245A.035, a licensed relative, or other 
42.33 	licensed foster care provider who will commit to being the permanent legal parent or 
42.34 	custodian for the child in the event reunification cannot occur, but who will actively 
42.35 	support the reunification plan for the child; and
43.1 	(v) to place siblings together in the same home or to ensure visitation is occurring 
43.2 	when siblings are separated in foster care placement and visitation is in the siblings' best 
43.3 	interests under section 260C.212, subdivision 2, paragraph (d); and
43.4 	(5) if the child has been adjudicated as a child in need of protection or services 
43.5 	because the child is in need of special services or care to treat or ameliorate a mental 
43.6 	disability or emotional disturbance as defined in section 245.4871, subdivision 15, the 
43.7 	written findings shall also set forth:
43.8 	(i) whether the child has mental health needs that must be addressed by the case plan;
43.9 	(ii) what consideration was given to the diagnostic and functional assessments 
43.10 	performed by the child's mental health professional and to health and mental health care 
43.11 	professionals' treatment recommendations;
43.12 	(iii) what consideration was given to the requests or preferences of the child's parent 
43.13 	or guardian with regard to the child's interventions, services, or treatment; and
43.14 	(iv) what consideration was given to the cultural appropriateness of the child's 
43.15 	treatment or services.
43.16 	(b) If the court finds that the social services agency's preventive or reunification 
43.17 	efforts have not been reasonable but that further preventive or reunification efforts could 
43.18 	not permit the child to safely remain at home, the court may nevertheless authorize or 
43.19 	continue the removal of the child.
43.20 	(c) If the child has been identified by the responsible social services agency as the 
43.21 	subject of concurrent permanency planning, the court shall review the reasonable efforts 
43.22 	of the agency to recruit, identify, and make a placement in a home where the foster parent 
43.23 	or relative that has committed to being the legally permanent home for the child in the 
43.24 	event reunification efforts are not successful develop a permanency plan for the child that 
43.25 	includes a primary plan which is for reunification with the child's parent or guardian and a 
43.26 	secondary plan which is for an alternative, legally permanent home for the child in the 
43.27 	event reunification cannot be achieved in a timely manner.

43.28 	Sec. 19. Minnesota Statutes 2010, section 260C.201, subdivision 10, is amended to 
43.29 	read:
43.30 		Subd. 10.Court review of foster care. (a) If the court orders a child placed 
43.31 	in foster care, the court shall review the out-of-home placement plan and the child's 
43.32 	placement at least every 90 days as required in juvenile court rules to determine whether 
43.33 	continued out-of-home placement is necessary and appropriate or whether the child should 
43.34 	be returned home. This review is not required if the court has returned the child home, 
43.35 	ordered the child permanently placed away from the parent under subdivision 11, or 
44.1 	terminated rights under section 260C.301. Court review for a child permanently placed 
44.2 	away from a parent, including where the child is under guardianship and legal custody of 
44.3 	the commissioner, shall be governed by subdivision 11 or section 260C.317, subdivision 
44.4 	3, whichever is applicable or 260C.521.
44.5 	(b) No later than six three months after the child's placement in foster care, the court 
44.6 	shall review agency efforts pursuant to section 260C.212, subdivision 2, 260C.221 and 
44.7 	order that the efforts continue if the agency has failed to perform the duties under that 
44.8 	section. The court must order the agency to continue to appropriately evaluate relatives 
44.9 	who responded to the notice under section 260C.221 in placement and case planning 
44.10 	decisions and to evaluate other relatives who came to the agency's attention after notice 
44.11 	under section 260C.221 was sent.
44.12 	(c) The court shall review the out-of-home placement plan and may modify the plan 
44.13 	as provided under subdivisions 6 and 7.
44.14 	(d) When the court orders transfer of custody to a responsible social services 
44.15 	agency resulting in foster care or protective supervision with a noncustodial parent under 
44.16 	subdivision 1, the court shall notify the parents of the provisions of subdivisions 11 and
44.17 	subdivision 11a and sections 260C.503 to 260C.521, as required under juvenile court rules.
44.18 	(e) When a child remains in or returns to foster care pursuant to section 260C.451 and 
44.19 	the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the 
44.20 	court shall at least annually conduct the review required under subdivision 11, paragraph 
44.21 	(d), or sections 260C.212, subdivision 7, and 260C.317, subdivision 3 section 260C.203.

44.22 	Sec. 20. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:
44.23 		Subd. 5.Relative search. (a) The responsible social services agency shall exercise 
44.24 	due diligence to identify and notify adult relatives prior to placement or within 30 days 
44.25 	after the child's removal from the parent. The county agency shall consider placement with 
44.26 	a relative under subdivision 2 without delay and whenever the child must move from or be 
44.27 	returned to foster care. The relative search required by this section shall be reasonable and
44.28 	comprehensive in scope and may last up to six months or until a fit and willing relative 
44.29 	is identified. After a finding that the agency has made reasonable efforts to conduct 
44.30 	the relative search under this paragraph, the agency has the continuing responsibility 
44.31 	to appropriately involve relatives, who have responded to the notice required under 
44.32 	paragraph (a), in planning for the child and to continue to consider relatives according to 
44.33 	the requirements of section 260C.212, subdivision 2. At any time during the course of 
44.34 	juvenile protection proceedings, the court may order the agency to reopen its search for 
44.35 	relatives when it is in the child's best interest to do so. The relative search required by this 
45.1 	section shall include both maternal relatives of the child and paternal relatives of the child, 
45.2 	if paternity is adjudicated. The search shall also include getting information from the child 
45.3 	in an age appropriate manner about who the child considers to be family members and 
45.4 	important friends with whom the child has resided or had significant contact. The relative 
45.5 	search required under this section must fulfill the agency's duties under the Indian Child 
45.6 	Welfare Act regarding active efforts to prevent the breakup of the Indian family under 
45.7 	United State Codes, title 25, section 1915. The relatives must be notified:
45.8 	(1) of the need for a foster home for the child, the option to become a placement 
45.9 	resource for the child, and the possibility of the need for a permanent placement for the 
45.10 	child;
45.11 	(2) of their responsibility to keep the responsible social services agency informed of 
45.12 	their current address in order to receive notice in the event that a permanent placement is 
45.13 	sought for the child. A relative who fails to provide a current address to the responsible 
45.14 	social services agency forfeits the right to notice of the possibility of permanent 
45.15 	placement. A decision by a relative not to be identified as a permanent placement resource
45.16 	or participate in planning for the child at the beginning of the case shall not may affect 
45.17 	whether the relative is considered for placement of the child with that relative later;
45.18 	(3) that the relative may participate in the care and planning for the child, including 
45.19 	that the opportunity for such participation may be lost by failing to respond to the notice; 
45.20 	and. "Participate in the care and planning" includes, but is not limited to, participation in 
45.21 	case planning for the parent and child, identifying the strengths and needs of the parent 
45.22 	and child, supervising visits, providing respite and vacation visits for the child, providing 
45.23 	transportation to appointments, suggesting other relatives who might be able to help 
45.24 	support the case plan, and to the extent possible, helping to maintain the child's familiar 
45.25 	and regular activities and contact with friends and relatives;
45.26 	(4) of the family foster care licensing requirements, including how to complete an 
45.27 	application and how to request a variance from licensing standards that do not present a 
45.28 	safety or health risk to the child in the home under section 245A.04 and supports that are 
45.29 	available for relatives and children who reside in a family foster home; and
45.30 	(5) of the relatives' right to ask to be notified of any court proceedings regarding 
45.31 	the child, to attend the hearings, and of a relative's right or opportunity to be heard by the 
45.32 	court as required under section 260C.152, subdivision 5.
45.33 	(b) A responsible social services agency may disclose private or confidential data, 
45.34 	as defined in section sections13.02 and 626.556, to relatives of the child for the purpose 
45.35 	of locating and assessing a suitable placement and may use any reasonable means of 
45.36 	identifying and locating relatives including the Internet or other electronic means of 
46.1 	conducting a search. The agency shall disclose only data that is necessary to facilitate 
46.2 	possible placement with relatives and to ensure that the relative is informed of the needs 
46.3 	of the child so the relative can participate in planning for the child and be supportive of 
46.4 	services to the child and family. If the child's parent refuses to give the responsible social 
46.5 	services agency information sufficient to identify the maternal and paternal relatives of the 
46.6 	child, the agency shall ask the juvenile court to order the parent to provide the necessary 
46.7 	information. If a parent makes an explicit request that relatives or a specific relative not be 
46.8 	contacted or considered for placement, the agency shall bring the parent's request to the 
46.9 	attention of the court to determine whether the parent's request is consistent with the best 
46.10 	interests of the child and the agency shall not contact relatives or a specific relative unless 
46.11 	authorized to do so by the juvenile court.
46.12 	(c) At a regularly scheduled hearing not later than three months after the child's 
46.13 	placement in foster care and as required in section 260C.202, the agency shall report to 
46.14 	the court:
46.15 	(1) its efforts to identify maternal and paternal relatives of the child, to engage the 
46.16 	relatives in providing support for the child and family, and document that the relatives 
46.17 	have been provided the notice required under paragraph (a); and
46.18 	(2) its decision regarding placing the child with a relative as required under section 
46.19 	260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in 
46.20 	order to support family connections for the child, when placement with a relative is not 
46.21 	possible or appropriate.
46.22 	(d) Notwithstanding chapter 13, the agency shall disclose data about particular 
46.23 	relatives identified, searched for, and contacted for the purposes of the court's review of 
46.24 	the agency's due diligence.
46.25 	(e) When the court is satisfied that the agency has exercised due diligence to 
46.26 	identify relatives and provide the notice required in paragraph (a), the court may find that 
46.27 	reasonable efforts have been made to conduct a relative search to identify and provide 
46.28 	notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the 
46.29 	court is not satisfied that the agency has exercised due diligence to identify relatives and 
46.30 	provide the notice required in paragraph (a), the court may order the agency to continue its 
46.31 	search and notice efforts and to report back to the court.
46.32 	(f) When the placing agency determines that a permanent placement hearing is
46.33 	proceedings are necessary because there is a likelihood that the child will not return to a 
46.34 	parent's care, the agency may must send the notice provided in paragraph (d) (g), may ask 
46.35 	the court to modify the requirements duty of the agency under this paragraph to send the 
46.36 	notice required in paragraph (g), or may ask the court to completely relieve the agency 
47.1 	of the requirements of this paragraph (g). The relative notification requirements of this
47.2 	paragraph (g) do not apply when the child is placed with an appropriate relative or a 
47.3 	foster home that has committed to being the adopting the child or taking permanent legal 
47.4 	placement for and physical custody of the child and the agency approves of that foster 
47.5 	home for permanent placement of the child. The actions ordered by the court under this 
47.6 	section must be consistent with the best interests, safety, permanency, and welfare of 
47.7 	the child.
47.8 	(d) (g) Unless required under the Indian Child Welfare Act or relieved of this duty 
47.9 	by the court under paragraph (c) (e), when the agency determines that it is necessary to 
47.10 	prepare for the permanent placement determination hearing proceedings, or in anticipation 
47.11 	of filing a termination of parental rights petition, the agency shall send notice to the 
47.12 	relatives, any adult with whom the child is currently residing, any adult with whom the 
47.13 	child has resided for one year or longer in the past, and any adults who have maintained a 
47.14 	relationship or exercised visitation with the child as identified in the agency case plan. The 
47.15 	notice must state that a permanent home is sought for the child and that the individuals 
47.16 	receiving the notice may indicate to the agency their interest in providing a permanent 
47.17 	home. The notice must state that within 30 days of receipt of the notice an individual 
47.18 	receiving the notice must indicate to the agency the individual's interest in providing 
47.19 	a permanent home for the child or that the individual may lose the opportunity to be 
47.20 	considered for a permanent placement.
47.21 	(e) The Department of Human Services shall develop a best practices guide and 
47.22 	specialized staff training to assist the responsible social services agency in performing and 
47.23 	complying with the relative search requirements under this subdivision.

47.24 	Sec. 21. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:
47.25 		Subd. 7.Administrative or court review of placements. (a) Unless the court is 
47.26 	conducting the reviews required under section 260C.202, there shall be an administrative 
47.27 	review of the out-of-home placement plan of each child placed in foster care no later than 
47.28 	180 days after the initial placement of the child in foster care and at least every six months 
47.29 	thereafter if the child is not returned to the home of the parent or parents within that time. 
47.30 	The out-of-home placement plan must be monitored and updated at each administrative 
47.31 	review. The administrative review shall be conducted by the responsible social services 
47.32 	agency using a panel of appropriate persons at least one of whom is not responsible for the 
47.33 	case management of, or the delivery of services to, either the child or the parents who are 
47.34 	the subject of the review. The administrative review shall be open to participation by the 
47.35 	parent or guardian of the child and the child, as appropriate.
48.1 	(b) As an alternative to the administrative review required in paragraph (a), the court 
48.2 	may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 
48.3 	Procedure, conduct a hearing to monitor and update the out-of-home placement plan 
48.4 	pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph 
48.5 	(d). The party requesting review of the out-of-home placement plan shall give parties to 
48.6 	the proceeding notice of the request to review and update the out-of-home placement 
48.7 	plan. A court review conducted pursuant to section 260C.141, subdivision 2;260C.193; 
48.8 	260C.201, subdivision 1 or 11; 260C.141, subdivision 2; 260C.317 260C.202; 260C.204; 
48.9 	or 260D.06 shall satisfy the requirement for the review so long as the other requirements 
48.10 	of this section are met.
48.11 	(c) As appropriate to the stage of the proceedings and relevant court orders, the 
48.12 	responsible social services agency or the court shall review:
48.13 	(1) the safety, permanency needs, and well-being of the child;
48.14 	(2) the continuing necessity for and appropriateness of the placement;
48.15 	(3) the extent of compliance with the out-of-home placement plan;
48.16 	(4) the extent of progress which that has been made toward alleviating or mitigating 
48.17 	the causes necessitating placement in foster care;
48.18 	(5) the projected date by which the child may be returned to and safely maintained in 
48.19 	the home or placed permanently away from the care of the parent or parents or guardian; 
48.20 	and
48.21 	(6) the appropriateness of the services provided to the child.
48.22 	(d) When a child is age 16 or older, in addition to any administrative review 
48.23 	conducted by the agency, at the in-court review required under section 260C.201, 
48.24 	subdivision 11 260C.515, subdivision 5 or 6, or 260C.317, subdivision 3, clause (3), 
48.25 	the court shall review the independent living plan required under section 260C.212,
48.26 	subdivision 1, paragraph (c), clause (11), and the provision of services to the child related 
48.27 	to the well-being of the child as the child prepares to leave foster care. The review shall 
48.28 	include the actual plans related to each item in the plan necessary to the child's future 
48.29 	safety and well-being when the child is no longer in foster care.
48.30 	(1) (e) At the court review required under paragraph (d) for a child age 16 or older 
48.31 	the following procedures apply:
48.32 	(1) six months before the child is expected to be discharged from foster care, the 
48.33 	responsible social services agency shall establish that it has given give the written
48.34 	notice required under section 260C.456 or Minnesota Rules, part 9560.0660 260C.451, 
48.35 	subdivision 1, regarding the right to continued access to services for certain children in 
48.36 	foster care past age 18 and of the right to appeal a denial of social services under section 
49.1 	256.045. If The agency is unable to establish that shall file a copy of the notice, including 
49.2 	the right to appeal a denial of social services, has been given, with the court. If the agency 
49.3 	does not file the notice by the time the child is age 17-1/2, the court shall require the 
49.4 	agency to give it.;
49.5 	(2) consistent with the requirements of the independent living plan, the court shall 
49.6 	review progress toward or accomplishment of the following goals:
49.7 	(i) the child has obtained a high school diploma or its equivalent;
49.8 	(ii) the child has completed a driver's education course or has demonstrated the 
49.9 	ability to use public transportation in the child's community;
49.10 	(iii) the child is employed or enrolled in postsecondary education;
49.11 	(iv) the child has applied for and obtained postsecondary education financial aid for 
49.12 	which the child is eligible;
49.13 	(v) the child has health care coverage and health care providers to meet the child's 
49.14 	physical and mental health needs;
49.15 	(vi) the child has applied for and obtained disability income assistance for which 
49.16 	the child is eligible;
49.17 	(vii) the child has obtained affordable housing with necessary supports, which does 
49.18 	not include a homeless shelter;
49.19 	(viii) the child has saved sufficient funds to pay for the first month's rent and a 
49.20 	damage deposit;
49.21 	(ix) the child has an alternative affordable housing plan, which does not include a 
49.22 	homeless shelter, if the original housing plan is unworkable;
49.23 	(x) the child, if male, has registered for the Selective Service; and
49.24 	(xi) the child has a permanent connection to a caring adult.; and
49.25 	(3) the court shall ensure that the responsible agency in conjunction with the 
49.26 	placement provider assists the child in obtaining the following documents prior to the 
49.27 	child's leaving foster care: a Social Security card; the child's birth certificate; a state 
49.28 	identification card or driver's license, green card, or school visa; the child's school, 
49.29 	medical, and dental records; a contact list of the child's medical, dental, and mental health 
49.30 	providers; and contact information for the child's siblings, if the siblings are in foster care.
49.31 	(e) When a child is age 17 or older, during the 90-day period immediately prior to 
49.32 	the date the child is expected to be discharged from foster care, the responsible social 
49.33 	services agency is required to provide the child with assistance and support in developing 
49.34 	a transition plan that is personalized at the direction of the child. (f) For a child who 
49.35 	will be discharged from foster care at age 18 or older, the responsible social services 
49.36 	agency is required to develop a personalized transition plan as directed by the youth. The 
50.1 	transition plan must be developed during the 90-day period immediately prior to the 
50.2 	expected date of discharge. The transition plan must be as detailed as the child may elect 
50.3 	and include specific options on housing, health insurance, education, local opportunities 
50.4 	for mentors and continuing support services, and work force supports and employment 
50.5 	services. The plan must include information on the importance of designating another 
50.6 	individual to make health care treatment decisions on behalf of the child if the child 
50.7 	becomes unable to participate in these decisions and the child does not have, or does not 
50.8 	want, a relative who would otherwise be authorized to make these decisions. The plan 
50.9 	must provide the child with the option to execute a health care directive as provided 
50.10 	under chapter 145C. The county shall also provide the individual with appropriate contact 
50.11 	information if the individual needs more information or needs help dealing with a crisis 
50.12 	situation through age 21.

50.13 	Sec. 22. Minnesota Statutes 2010, section 260C.215, subdivision 4, is amended to read:
50.14 		Subd. 4.Consultation with representatives Duties of commissioner.
 50.15 	The commissioner of human services, after seeking and considering advice from 
50.16 	representatives reflecting diverse populations from the councils established under sections 
50.17 	3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and community organizations
50.18 	shall: 
50.19 	(1) review and, where necessary, revise the Department of Human Services Social 
50.20 	Service Manual and Practice Guide provide practice guidance to responsible social 
50.21 	services agencies and child-placing agencies that reflect federal and state laws and policy 
50.22 	direction on placement of children;
50.23 	(2) develop criteria for determining whether a prospective adoptive or foster family 
50.24 	has the ability to understand and validate the child's cultural background;
50.25 	(3) develop provide a standardized training curriculum for adoption and foster care 
50.26 	workers, family-based providers, and administrators who work with children. Training 
50.27 	must address the following objectives:
50.28 	(a) (i) developing and maintaining sensitivity to all cultures;
50.29 	(b) (ii) assessing values and their cultural implications; and
50.30 	(c) (iii) making individualized placement decisions that advance the best interests of 
50.31 	a particular child under section 260C.212, subdivision 2; and
50.32 	(iv) issues related to cross-cultural placement;
50.33 	(4) develop provide a training curriculum for family and extended family members
50.34 	all prospective adoptive and foster families that prepares them to care for the needs of 
51.1 	adoptive and foster children. The curriculum must address issues relating to cross-cultural 
51.2 	placements as well as issues that arise after a foster or adoptive placement is made; and
51.3 	(5) develop and provide to agencies an assessment tool to be used in combination 
51.4 	with group interviews and other preplacement activities a home study format to evaluate
51.5 	assess the capacities and needs of prospective adoptive and foster families. The tool
51.6 	format must assess address problem-solving skills; identify parenting skills; and evaluate 
51.7 	the degree to which the prospective family has the ability to understand and validate the 
51.8 	child's cultural background and other issues needed to provide sufficient information for 
51.9 	agencies to make an individualized placement decision consistent with section 260C.212, 
51.10 	subdivision 2. If a prospective adoptive parent has also been a foster parent, any update 
51.11 	necessary to a home study for the purpose of adoption must be completed by the licensing 
51.12 	authority responsible for the foster parent's license. If a prospective adoptive parent with an 
51.13 	approved adoptive home study also applies for a foster care license, the license application 
51.14 	must be made with the same agency which provided the adoptive home study; and
51.15 	(6) consult as needed with representatives reflecting diverse populations from the 
51.16 	councils established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, 
51.17 	local, and community organizations.

51.18 	Sec. 23. Minnesota Statutes 2010, section 260C.215, subdivision 6, is amended to read:
51.19 		Subd. 6.Duties of child-placing agencies. (a) Each authorized child-placing 
51.20 	agency must:
51.21 	(1) develop and follow procedures for implementing the requirements of section 
51.22 	260C.193, subdivision 3 260C.212, subdivision 2, and the Indian Child Welfare Act, 
51.23 	United States Code, title 25, sections 1901 to 1923; 
51.24 	(2) have a written plan for recruiting adoptive and foster families that reflect the 
51.25 	ethnic and racial diversity of children who are in need of foster and adoptive homes. 
51.26 	The plan must include:
51.27 	(i) strategies for using existing resources in diverse communities, 
51.28 	(ii) use of diverse outreach staff wherever possible, 
51.29 	(iii) use of diverse foster homes for placements after birth and before adoption, 
51.30 	and (iv) other techniques as appropriate;
51.31 	(3) have a written plan for training adoptive and foster families;
51.32 	(4) have a written plan for employing staff in adoption and foster care who have 
51.33 	the capacity to assess the foster and adoptive parents' ability to understand and validate a 
51.34 	child's cultural needs, and to advance the best interests of the child, as required in section 
51.35 	260C.212, subdivision 2. The plan must include staffing goals and objectives;
52.1 	(5) ensure that adoption and foster care workers attend training offered or approved 
52.2 	by the Department of Human Services regarding cultural diversity and the needs of special 
52.3 	needs children; and
52.4 	(6) develop and implement procedures for implementing the requirements of the 
52.5 	Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.
52.6 	(b) In determining the suitability of a proposed placement of an Indian child, the 
52.7 	standards to be applied must be the prevailing social and cultural standards of the Indian 
52.8 	child's community, and the agency shall defer to tribal judgment as to suitability of a 
52.9 	particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

52.10 	Sec. 24. [260C.229] VOLUNTARY FOSTER CARE FOR CHILDREN OVER 
52.11 	AGE 18; REQUIRED COURT REVIEW.
52.12 	(a) When a child asks to continue or to reenter foster care after age 18 under section 
52.13 	260C.451, the child and the responsible social services agency may enter into a voluntary 
52.14 	agreement for the child to be in foster care under the terms of section 260C.451. The 
52.15 	voluntary agreement must be in writing and on a form prescribed by the commissioner.
52.16 	(b) When the child is in foster care pursuant to a voluntary foster care agreement 
52.17 	between the agency and child and the child is not already under court jurisdiction pursuant 
52.18 	to section 260C.193, subdivision 6, the agency responsible for the child's placement 
52.19 	in foster care shall:
52.20 	(1) file a motion to reopen the juvenile protection matter where the court previously 
52.21 	had jurisdiction over the child within 30 days of the child and the agency executing the 
52.22 	voluntary placement agreement under paragraph (a) and ask the court to review the child's 
52.23 	placement in foster care and find that the placement is in the best interests of the child; and
52.24 	(2) file the out-of-home placement plan required under subdivision 1 with the 
52.25 	motion to reopen jurisdiction.
52.26 	(c) The court shall conduct a hearing on the matter within 30 days of the agency's 
52.27 	motion to reopen the matter and, if the court finds that placement is in the best interest of 
52.28 	the child, shall conduct the review for the purpose and with the content required under 
52.29 	section 260C.203, at least every 12 months as long as the child continues in foster care.

52.30 	Sec. 25. Minnesota Statutes 2010, section 260C.301, subdivision 8, is amended to read:
52.31 		Subd. 8.Findings regarding reasonable efforts. In any proceeding under this 
52.32 	section, the court shall make specific findings:
52.33 	(1) that reasonable efforts to prevent the placement and finalize the permanency 
52.34 	plan to reunify the child and the parent were made including individualized and explicit 
53.1 	findings regarding the nature and extent of efforts made by the social services agency to 
53.2 	rehabilitate the parent and reunite the family; or
53.3 	(2) that reasonable efforts at for reunification are not required as provided under 
53.4 	section 260.012. 

53.5 	Sec. 26. Minnesota Statutes 2010, section 260C.328, is amended to read:
53.6 	260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
53.7 	(a) Upon its own motion or upon petition of an interested party, the juvenile court 
53.8 	having jurisdiction of the child may, after notice to the parties and a hearing, remove 
53.9 	the guardian appointed by the juvenile court and appoint a new guardian in accordance 
53.10 	with the provisions of section 260C.325, subdivision 1, clause (a), (b), or (c). Upon a 
53.11 	showing that the child is emancipated, the court may discharge the guardianship. Any 
53.12 	child 14 years of age or older who is not adopted but who is placed in a satisfactory foster 
53.13 	home, may, with the consent of the foster parents, join with the guardian appointed by the 
53.14 	juvenile court in a petition to the court having jurisdiction of the child to discharge the 
53.15 	existing guardian and appoint the foster parents as guardians of the child. 
53.16 	(b) The authority of a guardian appointed by the juvenile court terminates when the 
53.17 	individual under guardianship is no longer a minor or when guardianship is otherwise 
53.18 	discharged becomes age 18. However, an individual who has been under the guardianship 
53.19 	of the commissioner and who has not been adopted may continue in foster care or reenter 
53.20 	foster care pursuant to section 260C.451 and the responsible social services agency has 
53.21 	continuing legal responsibility for the placement of the individual. 

53.22 	Sec. 27. Minnesota Statutes 2010, section 260C.451, is amended to read:
53.23 	260C.451 FOSTER CARE BENEFITS TO AGE 21 PAST AGE 18.
53.24 		Subdivision 1.Notification of benefits. Within the Six months prior to the child's 
53.25 	18th birthday, the local responsible social services agency shall advise provide written 
53.26 	notice on a form prescribed by the commissioner of human services to any child in foster 
53.27 	care under this chapter who cannot reasonably be expected to return home or have another 
53.28 	legally permanent family by the age of 18, the child's parents or legal guardian, if any, and
53.29 	the child's guardian ad litem, and the child's foster parents of the availability of benefits of 
53.30 	the foster care program up to age 21, when the child is eligible under subdivisions 3 and 3a.
53.31 		Subd. 2.Independent living plan. Upon the request of any child receiving in foster 
53.32 	care benefits immediately prior to the child's 18th birthday and who is in foster care at 
53.33 	the time of the request, the local responsible social services agency shall, in conjunction 
53.34 	with the child and other appropriate parties, update the independent living plan required 
54.1 	under section 260C.212, subdivision 1, paragraph (c), clause (11), related to the child's 
54.2 	employment, vocational, educational, social, or maturational needs. The agency shall 
54.3 	provide continued services and foster care for the child including those services that are 
54.4 	necessary to implement the independent living plan.
54.5 		Subd. 3.Eligibility to continue in foster care. A child already in foster care
54.6 	immediately prior to the child's 18th birthday may continue in foster care past age 18
54.7 	unless:
54.8 	(1) the child can safely return home;
54.9 	(2) the child is in placement pursuant to the agency's duties under section 256B.092 
54.10 	and Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to 
54.11 	developmental disability or related condition, and the child will be served as an adult 
54.12 	under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016; or
54.13 	(3) the child can be adopted or have permanent legal and physical custody 
54.14 	transferred to a relative prior to the child's 18th birthday. 
54.15 		Subd. 3a.Eligibility criteria. The child must meet at least one of the following 
54.16 	conditions to be considered eligible to continue in or return to foster care and remain there
54.17 	to age 21. The child must be:
54.18 	(1) completing secondary education or a program leading to an equivalent credential;
54.19 	(2) enrolled in an institution which that provides postsecondary or vocational 
54.20 	education;
54.21 	(3) participating in a program or activity designed to promote or remove barriers to 
54.22 	employment;
54.23 	(4) employed for at least 80 hours per month; or
54.24 	(5) incapable of doing any of the activities described in clauses (1) to (4) due to a 
54.25 	medical condition.
54.26 		Subd. 4.Foster care benefits. For children between the ages of 18 and 21, "foster 
54.27 	care benefits" means payment for those foster care settings defined in section 260C.007, 
54.28 	subdivision 18. Additionally, foster care benefits means payment for a supervised 
54.29 	setting, approved by the responsible social services agency, in which a child may live 
54.30 	independently.
54.31 		Subd. 5.Permanent decision Foster care setting. The particular foster care 
54.32 	setting, including supervised settings, shall be selected by the agency and the child
54.33 	based on the best interest of the child consistent with section 260C.212, subdivision 2. 
54.34 	Supervision in approved settings must be determined by an individual determination of 
54.35 	the child's needs by the responsible social services agency and consistent with section 
54.36 	260C.212, subdivision 4a.
55.1 		Subd. 6.Individual plan to age 21 Reentering foster care and accessing services 
55.2 	after age 18. (a) Upon request of an individual between the ages of 18 and 21 who, 
55.3 	within six months of the individual's 18th birthday, had been under the guardianship of the 
55.4 	commissioner and who has left foster care without being adopted, the responsible social 
55.5 	services agency which had been the commissioner's agent for purposes of the guardianship 
55.6 	shall develop with the individual a plan related to the individual's vocational, educational, 
55.7 	social, or maturational needs to increase the individual's ability to live safely and 
55.8 	independently using the plan requirements of section 260C.212, subdivision 1, paragraph 
55.9 	(b), clause (11), and to assist the individual to meet one or more of the eligibility criteria in 
55.10 	subdivision 4 if the individual wants to reenter foster care. The agency shall provide foster 
55.11 	care with maintenance and counseling benefits as required to implement the plan. The 
55.12 	agency shall enter into a voluntary placement agreement under section 260C.229 with the 
55.13 	individual if the plan includes foster care.
55.14 	(b) Individuals who had not been under the guardianship of the commissioner of 
55.15 	human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter 
55.16 	foster care after age 18 and, to the extent funds are available, the responsible social 
55.17 	services agency that had responsibility for planning for the individual before discharge 
55.18 	from foster care may provide foster care or other services to the individual for the purpose 
55.19 	of increasing the individual's ability to live safely and independently and to meet the 
55.20 	eligibility criteria in subdivision 3a, if the individual:
55.21 	(1) was in foster care for the six consecutive months prior to the person's 18th 
55.22 	birthday and was not discharged home, adopted, or received into a relative's home under a 
55.23 	transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or
55.24 	(2) was discharged from foster care while on runaway status after age 15.
55.25 	(c) In conjunction with a qualifying and eligible individual under paragraph (b) and 
55.26 	other appropriate persons, the responsible social services agency shall develop a specific 
55.27 	plan related to that individual's vocational, educational, social, or maturational needs 
55.28 	and, to the extent funds are available, provide foster care as required to implement the 
55.29 	plan. The agency shall enter into a voluntary placement agreement with the individual 
55.30 	if the plan includes foster care.
55.31 	(d) Youth who left foster care while under guardianship of the commissioner of 
55.32 	human services retain eligibility for foster care for placement at any time between the 
55.33 	ages of 18 and 21.
55.34 		Subd. 7.Jurisdiction. Notwithstanding that the court retains jurisdiction pursuant 
55.35 	to this section, Individuals in foster care pursuant to this section are adults for all purposes 
55.36 	except the continued provision of foster care. Any order establishing guardianship under 
56.1 	section 260C.325, any legal custody order under section 260C.201, subdivision 1, and 
56.2 	any order for legal custody associated with an order for long-term foster care permanent 
56.3 	custody under section 260C.201, subdivision 11 260C.515, subdivision 5, terminates on 
56.4 	the child's 18th birthday. The responsible social services agency has legal responsibility 
56.5 	for the individual's placement and care when the matter continues under court jurisdiction 
56.6 	pursuant to section 260C.193 or when the individual and the responsible agency execute a 
56.7 	voluntary placement agreement pursuant to section 260C.229.
56.8 		Subd. 8.Notice of termination of foster care. When a child in foster care between 
56.9 	the ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the 
56.10 	responsible social services agency shall give the child written notice that foster care will 
56.11 	terminate 30 days from the date the notice is sent. The child or the child's guardian ad 
56.12 	litem may file a motion asking the court to review the agency's determination within 15 
56.13 	days of receiving the notice. The child shall not be discharged from foster care until the 
56.14 	motion is heard. The agency shall work with the child to transition out of foster care as 
56.15 	required under section 260C.203, paragraph (e). The written notice of termination of 
56.16 	benefits shall be on a form prescribed by the commissioner and shall also give notice of 
56.17 	the right to have the agency's determination reviewed by the court in the proceeding where 
56.18 	the court conducts the reviews required under section 260C.203, 260C.515, subdivision 
56.19 	5 or 6, or 260C.317. A copy of the termination notice shall be sent to the child and the 
56.20 	child's attorney, if any, the foster care provider, the child's guardian ad litem, and the 
56.21 	court. The agency is not responsible for paying foster care benefits for any period of time 
56.22 	after the child actually leaves foster care.

56.23 	Sec. 28. [260C.503] PERMANENCY PROCEEDINGS.
56.24 		Subdivision 1.Required permanency proceedings.  Except for children in foster 
56.25 	care pursuant to chapter 260D, where the child is in foster care or in the care of a 
56.26 	noncustodial or nonresident parent, the court shall commence proceedings to determine 
56.27 	the permanent status of a child by holding the admit-deny hearing required under section 
56.28 	260C.507 not later than 12 months after the child is placed in foster care or in the care of a 
56.29 	noncustodial or nonresident parent. Permanency proceedings for children in foster care 
56.30 	pursuant to chapter 260D shall be according to section 260D.07.
56.31 		Subd. 2.Termination of parental rights. (a) The responsible social services 
56.32 	agency must ask the county attorney to immediately file a termination of parental rights 
56.33 	petition when:
56.34 	(1) the child has been subjected to egregious harm as defined in section 260C.007, 
56.35 	subdivision 14;
57.1 	(2) the child is determined to be the sibling of a child who was subjected to 
57.2 	egregious harm;
57.3 	(3) the child is an abandoned infant as defined in section 260C.301, subdivision 3, 
57.4 	paragraph (b), clause (2);
57.5 	(4) the child's parent has lost parental rights to another child through an order 
57.6 	involuntarily terminating the parent's rights;
57.7 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 
57.8 	2, against the child or another child of the parent;
57.9 	(6) the parent has committed an offense that requires registration as a predatory 
57.10 	offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
57.11 	(7) another child of the parent is the subject of an order involuntarily transferring 
57.12 	permanent legal and physical custody of the child to a relative under this chapter or a 
57.13 	similar law of another jurisdiction; 
57.14 	The county attorney shall file a termination of parental rights petition unless the conditions 
57.15 	of paragraph (d) are met.
57.16 	(b) When the termination of parental rights petition is filed under this subdivision, 
57.17 	the responsible social services agency shall identify, recruit, and approve an adoptive 
57.18 	family for the child. If a termination of parental rights petition has been filed by another 
57.19 	party, the responsible social services agency shall be joined as a party to the petition.
57.20 	(c) If criminal charges have been filed against a parent arising out of the conduct 
57.21 	alleged to constitute egregious harm, the county attorney shall determine which matter 
57.22 	should proceed to trial first, consistent with the best interests of the child and subject 
57.23 	to the defendant's right to a speedy trial.
57.24 	(d) The requirement of paragraph (a) does not apply if the responsible social services 
57.25 	agency and the county attorney determine and file with the court:
57.26 	(1) a petition for transfer of permanent legal and physical custody to a relative under 
57.27 	sections 260C.505 and 260C.515, subdivision 3, including a determination that adoption 
57.28 	is not in the child's best interests and that transfer of permanent legal and physical custody 
57.29 	is in the child's best interests; or
57.30 	(2) a petition under section 260C.141 alleging the child, and where appropriate, 
57.31 	the child's siblings, to be in need of protection or services accompanied by a case plan 
57.32 	prepared by the responsible social services agency documenting a compelling reason why 
57.33 	filing a termination of parental rights petition would not be in the best interests of the child.
57.34 		Subd. 3.Calculating time to required permanency proceedings. (a) For 
57.35 	purposes of this section, the date of the child's placement in foster care is the earlier of 
57.36 	the first court-ordered placement or 60 days after the date on which the child has been 
58.1 	voluntarily placed in foster care by the child's parent or guardian. For purposes of this 
58.2 	section, time spent by a child in the home of the noncustodial parent pursuant to court 
58.3 	order under section 260C.178 or under the protective supervision of the responsible 
58.4 	social services agency in the home of the noncustodial parent pursuant to an order under 
58.5 	section 260C.201, subdivision 1, counts towards the requirement of a permanency hearing 
58.6 	under this section. Time spent on a trial home visit counts towards the requirement of a 
58.7 	permanency hearing under this section and the permanency progress review required 
58.8 	under section 260C.204.
58.9 	(b) For the purposes of this section, 12 months is calculated as follows:
58.10 	(1) during the pendency of a petition alleging that a child is in need of protection 
58.11 	or services, all time periods when a child is placed in foster care or in the home of a 
58.12 	noncustodial parent are cumulated;
58.13 	(2) if a child has been placed in foster care within the previous five years under one 
58.14 	or more previous petitions, the lengths of all prior time periods when the child was placed 
58.15 	in foster care within the previous five years are cumulated. If a child under this clause 
58.16 	has been in foster care for 12 months or more, the court, if it is in the best interests of the 
58.17 	child and for compelling reasons, may extend the total time the child may continue out 
58.18 	of the home under the current petition up to an additional six months before making a 
58.19 	permanency determination.
58.20 	(c) If the child is on a trial home visit 12 months after the child was placed in foster 
58.21 	care or in the care of a noncustodial parent, the responsible social services agency may file 
58.22 	a report with the court regarding the child's and parent's progress on the trial home visit and 
58.23 	the agency's reasonable efforts to finalize the child's safe and permanent return to the care 
58.24 	of the parent in lieu of filing the petition required under section 260C.505. The court shall 
58.25 	make findings regarding the reasonable efforts of the agency to finalize the child's return 
58.26 	home as the permanency disposition order in the best interests of the child. The court may 
58.27 	continue the trial home visit to a total time not to exceed six months as provided in section 
58.28 	260C.201, subdivision 1, paragraph (a), clause (3). If the court finds the agency has not 
58.29 	made reasonable efforts to finalize the child's return home as the permanency disposition 
58.30 	order in the child's best interests, the court may order other or additional efforts to support 
58.31 	the child remaining in the care of the parent. If a trial home visit ordered or continued at 
58.32 	permanency proceedings under sections 260C.503 to 260C.521 terminates, the court shall 
58.33 	commence or recommence permanency proceedings under this chapter no later than 30 
58.34 	days after the child is returned to foster care or to the care of a noncustodial parent.

58.35 	Sec. 29. [260C.505] PETITION.
59.1 	(a) A permanency or termination of parental rights petition must be filed at or prior 
59.2 	to the time the child has been in foster care or in the care of a noncustodial or nonresident 
59.3 	parent for 11 months or in the expedited manner required in section 260C.503, subdivision 
59.4 	2, paragraph (a). The court administrator shall serve the petition as required in the 
59.5 	Minnesota Rules of Juvenile Protection Procedure and section 260C.152 in time for the 
59.6 	admit-deny hearing on the petition required in section 260C.507.
59.7 	(b) A petition under this section is not required if the responsible social services 
59.8 	agency intends to recommend that the child return to the care of the parent from whom 
59.9 	the child was removed at or prior to the time the court is required to hold the admit-deny 
59.10 	hearing required under section 260C.507.

59.11 	Sec. 30. [260C.507] ADMIT-DENY HEARING.
59.12 	(a) An admit-deny hearing on the permanency or termination of parental rights 
59.13 	petition shall be held not later than 12 months from the child's placement in foster care or 
59.14 	an order for the child to be in the care of a noncustodial or nonresident parent.
59.15 	(b) An admit-deny hearing on the termination of parental rights or transfer of 
59.16 	permanent legal and physical custody petition required to be immediately filed under 
59.17 	section 260C.503, subdivision 2, paragraph (a), shall be within ten days of the filing 
59.18 	of the petition.
59.19 	(c) At the admit-deny hearing, the court shall determine whether there is a prima 
59.20 	facie basis for finding that the agency made reasonable efforts, or in the case of an Indian 
59.21 	child active efforts, for reunification as required or that reasonable efforts for reunification 
59.22 	are not required under section 260.012 and proceed according to the Minnesota Rules of 
59.23 	Juvenile Protection Procedure.

59.24 	Sec. 31. [260C.509] TRIAL.
59.25 	The permanency proceedings shall be conducted in a timely fashion including 
59.26 	that any trial required under section 260C.163 shall be commenced within 60 days of 
59.27 	the admit-deny hearing required under section 260C.507. At the conclusion of the 
59.28 	permanency proceedings, the court shall:
59.29 	(1) order the child returned to the care of the parent or guardian from whom the 
59.30 	child was removed; or
59.31 	(2) order a permanency disposition under section 260C.515 or termination of 
59.32 	parental rights under sections 260C.301 to 260C.328 if a permanency disposition order or 
59.33 	termination of parental rights is in the child's best interests.

60.1 	Sec. 32. [260C.511] BEST INTERESTS OF THE CHILD.
60.2 	(a) The "best interests of the child" means all relevant factors to be considered 
60.3 	and evaluated.
60.4 	(b) In making a permanency disposition order or termination of parental rights, 
60.5 	the court must be governed by the best interests of the child, including a review of the 
60.6 	relationship between the child and relatives and the child and other important persons with 
60.7 	whom the child has resided or had significant contact.

60.8 	Sec. 33. [260C.513] PERMANENCY DISPOSITIONS WHEN CHILD CANNOT 
60.9 	RETURN HOME.
60.10 	(a) Termination of parental rights and adoption, or guardianship to the commissioner 
60.11 	of human services through a consent to adopt are preferred permanency options for a 
60.12 	child who cannot return home. If the court finds that termination of parental rights and 
60.13 	guardianship to the commissioner is not in the child's best interests, the court may transfer 
60.14 	permanent legal and physical custody of the child to a relative when that order is in the 
60.15 	child's best interests.
60.16 	(b) When the court has determined that permanent placement of the child away from 
60.17 	the parent is necessary, the court shall consider permanent alternative homes that are 
60.18 	available both inside and outside the state.

60.19 	Sec. 34. [260C.515] PERMANENCY DISPOSITION ORDERS.
60.20 		Subdivision 1.Court order required. If the child is not returned to the home at or 
60.21 	before the conclusion of permanency proceedings under sections 260C.503 to 260C.521, 
60.22 	the court must order one of the permanency dispositions in this section.
60.23 		Subd. 2.Termination of parental rights. The court may order:
60.24 	(1) termination of parental rights when the requirements of sections 260C.301 to 
60.25 	260C.328 are met; or
60.26 	(2) the responsible social services agency to file a petition for termination of 
60.27 	parental rights in which case all the requirements of sections 260C.301 to 260C.328 
60.28 	remain applicable.
60.29 		Subd. 3.Guardianship; commissioner. The court may order guardianship to the 
60.30 	commissioner of human services under the following procedures and conditions:
60.31 	(1) there is an identified prospective adoptive parent agreed to by the responsible 
60.32 	social services agency having legal custody of the child pursuant to court order under this 
60.33 	chapter and that prospective adoptive parent has agreed to adopt the child;
61.1 	(2) the court accepts the parent's voluntary consent to adopt in writing on a form 
61.2 	prescribed by the commissioner, executed before two competent witnesses and confirmed 
61.3 	by the consenting parent before the court or executed before court. The consent shall 
61.4 	contain notice that consent given under this chapter:
61.5 	(i) is irrevocable upon acceptance by the court unless fraud is established and an 
61.6 	order issues permitting revocation as stated in clause (9) unless the matter is governed by 
61.7 	the Indian Child Welfare Act, United States Code, title 25, section 1913(c); and
61.8 	(ii) will result in an order that the child is under the guardianship of the commissioner 
61.9 	of human services;
61.10 	(3) a consent executed and acknowledged outside of this state, either in accordance 
61.11 	with the law of this state or in accordance with the law of the place where executed, is 
61.12 	valid;
61.13 	(4) the court must review the matter at least every 90 days;
61.14 	(5) a consent to adopt under this subdivision vests guardianship of the child with 
61.15 	the commissioner of human services and makes the child a ward of the commissioner of 
61.16 	human services under section 260C.325;
61.17 	(6) the court must forward to the commissioner a copy of the consent to adopt, 
61.18 	together with a certified copy of the order transferring guardianship to the commissioner;
61.19 	(7) if an adoption is not finalized by the identified prospective adoptive parent within 
61.20 	six months of the execution of the consent to adopt under this clause, the responsible 
61.21 	social services agency shall pursue adoptive placement in another home unless the court 
61.22 	finds in a hearing that the failure to finalize is not due to either an action or a failure 
61.23 	to act by the prospective adoptive parent;
61.24 	(8) notwithstanding clause (7), the responsible social services agency must pursue 
61.25 	adoptive placement in another home as soon as the agency determines that finalization 
61.26 	of the adoption with the identified prospective adoptive parent is not possible, that the 
61.27 	identified prospective adoptive parent is not willing to adopt the child, or that the identified 
61.28 	prospective adoptive parent is not cooperative in completing the steps necessary to finalize 
61.29 	the adoption;
61.30 	(9) unless otherwise required by the Indian Child Welfare Act, United States Code, 
61.31 	title 25, section 1913(c), a consent to adopt executed under this section shall be irrevocable 
61.32 	upon acceptance by the court except upon order permitting revocation issued by the same 
61.33 	court after written findings that consent was obtained by fraud.
61.34 		Subd. 4.Custody to relative. The court may order permanent legal and physical 
61.35 	custody to a relative in the best interests of the child according to the following conditions:
62.1 	(1) an order for transfer of permanent legal and physical custody to a relative shall 
62.2 	only be made after the court has reviewed the suitability of the prospective legal and 
62.3 	physical custodian;
62.4 	(2) in transferring permanent legal and physical custody to a relative, the juvenile 
62.5 	court shall follow the standards applicable under this chapter and chapter 260, and the 
62.6 	procedures in the Minnesota Rules of Juvenile Protection Procedure;
62.7 	(3) a transfer of legal and physical custody includes responsibility for the protection, 
62.8 	education, care, and control of the child and decision making on behalf of the child;
62.9 	(4) a permanent legal and physical custodian who returns a child to the permanent 
62.10 	care of a parent from whom the court removed custody without the court's approval and 
62.11 	without notice to the responsible social services agency is placing the child in violation 
62.12 	of the court's order and may be subject to sanctions for contempt of court and, if the 
62.13 	return places the child's health or welfare in danger, may be subject to other criminal 
62.14 	or civil action;
62.15 	(5) the social services agency may file a petition naming a fit and willing relative as 
62.16 	a proposed permanent legal and physical custodian;
62.17 	(6) another party to the permanency proceeding regarding the child may file a 
62.18 	petition to transfer permanent legal and physical custody to a relative, but the petition may 
62.19 	not name as custodian a relative who the parent did not disclose to the agency or who was 
62.20 	not discovered by the agency in its search for relatives when the court has found that the 
62.21 	agency made diligent efforts to conduct the relative search and provide the notice required 
62.22 	under section 260C.221; and
62.23 	(7) the juvenile court may maintain jurisdiction over the responsible social services 
62.24 	agency, the parents or guardian of the child, the child, and the permanent legal and 
62.25 	physical custodian for purposes of ensuring appropriate services are delivered to the child 
62.26 	and permanent legal custodian for the purpose of ensuring conditions ordered by the court 
62.27 	related to the care and custody of the child are met.
62.28 		Subd. 5.Permanent custody to agency. The court may order permanent custody to 
62.29 	the responsible social services agency for continued placement of the child in foster care 
62.30 	but only if it approves the responsible social services agency's compelling reasons that no 
62.31 	other permanency disposition order is in the child's best interests, and:
62.32 	(1) the child has reached age 12;
62.33 	(2) the child is a sibling of a child described in clause (1) and the siblings have a 
62.34 	significant positive relationship and are ordered into the same long-term foster care home;
62.35 	(3) the responsible social services agency has made reasonable efforts to locate and 
62.36 	place the child with an adoptive family or a fit and willing relative who would either agree 
63.1 	to adopt the child or to a transfer of permanent legal and physical custody of the child, but 
63.2 	these efforts have not proven successful; and
63.3 	(4) the parent will continue to have visitation or contact with the child and will 
63.4 	remain involved in planning for the child.
63.5 		Subd. 6.Temporary legal custody to agency. The court may order temporary legal 
63.6 	custody to the responsible social services agency for continued placement of the child in 
63.7 	foster care for a specified period of time according to the following conditions:
63.8 	(1) the sole basis for an adjudication that the child is in need of protection or services 
63.9 	is the child's behavior;
63.10 	(2) the court finds that foster care for a specified period of time is in the best interests 
63.11 	of the child;
63.12 	(3) the court approves the responsible social services agency's compelling reasons 
63.13 	that neither an award of permanent legal and physical custody to a relative, nor termination 
63.14 	of parental rights is in the child's best interests; and
63.15 	(4) the order specifies that the child continue in foster care no longer than one year.

63.16 	Sec. 35. [260C.517] FINDINGS AND CONTENT OF ORDER FOR 
63.17 	PERMANENCY DISPOSITION.
63.18 	(a) Except for an order terminating parental rights, an order permanently placing 
63.19 	a child out of the home of the parent or guardian must include the following detailed 
63.20 	findings:
63.21 	(1) how the child's best interests are served by the order;
63.22 	(2) the nature and extent of the responsible social services agency's reasonable 
63.23 	efforts, or, in the case of an Indian child, active efforts to reunify the child with the parent 
63.24 	or guardian where reasonable efforts are required;
63.25 	(3) the parent's or parents' efforts and ability to use services to correct the conditions 
63.26 	which led to the out-of-home placement; and
63.27 	(4) that the conditions which led to the out-of-home placement have not been 
63.28 	corrected so that the child can safely return home.
63.29 	(b) The court shall issue an order required under this section and section 260C.515 
63.30 	within 15 days of the close of the proceedings. The court may extend issuing the order 
63.31 	an additional 15 days when necessary in the interests of justice and the best interests of 
63.32 	the child.

63.33 	Sec. 36. [260C.519] FURTHER COURT HEARINGS.
64.1 	Once a permanency disposition order has been made, further court hearings are 
64.2 	necessary if:
64.3 	(1) the child is ordered on a trial home visit or under the protective supervision 
64.4 	of the responsible social services agency;
64.5 	(2) the child continues in foster care;
64.6 	(3) the court orders further hearings in a transfer of permanent legal and physical 
64.7 	custody matter including if a party seeks to modify an order under section 260C.521, 
64.8 	subdivision 2;
64.9 	(4) an adoption has not yet been finalized; or
64.10 	(5) the child returns to foster care after the court has entered an order for a 
64.11 	permanency disposition under this section.

64.12 	Sec. 37. [260C.521] COURT REVIEWS AFTER PERMANENCY DISPOSITION 
64.13 	ORDER.
64.14 		Subdivision 1.Child in permanent custody of responsible social services agency.
 64.15 	(a) Court reviews of an order for permanent custody to the responsible social services 
64.16 	agency for placement of the child in foster care must be conducted at least yearly at an 
64.17 	in-court appearance hearing.
64.18 	(b) The purpose of the review hearing is to ensure:
64.19 	(1) the order for permanent custody to the responsible social services agency for 
64.20 	placement of the child in foster care continues to be in the best interests of the child and 
64.21 	that no other permanency disposition order is in the best interests of the child;
64.22 	(2) that the agency is assisting the child to build connections to the child's family 
64.23 	and community; and
64.24 	(3) that the agency is appropriately planning with the child for development of 
64.25 	independent living skills for the child, and as appropriate, for the orderly and successful 
64.26 	transition to independent living that may occur if the child continues in foster care without 
64.27 	another permanency disposition order.
64.28 	(c) The court must review the child's out-of-home placement plan and the reasonable 
64.29 	efforts of the agency to finalize an alternative permanent plan for the child including the 
64.30 	agency's efforts to:
64.31 	(1) ensure that permanent custody to the agency with placement of the child in 
64.32 	foster care continues to be the most appropriate legal arrangement for meeting the child's 
64.33 	need for permanency and stability or, if not, to identify and attempt to finalize another 
64.34 	permanency disposition order under this chapter that would better serve the child's needs 
64.35 	and best interests;
65.1 	(2) identify a specific foster home for the child, if one has not already been identified;
65.2 	(3) support continued placement of the child in the identified home, if one has been 
65.3 	identified;
65.4 	(4) ensure appropriate services are provided to address the physical health, mental 
65.5 	health, and educational needs of the child during the period of foster care and also ensure 
65.6 	appropriate services or assistance to maintain relationships with appropriate family 
65.7 	members and the child's community; and
65.8 	(5) plan for the child's independence upon the child's leaving foster care living as 
65.9 	required under section 260C.212, subdivision 1.
65.10 	(d) The court may find that the agency has made reasonable efforts to finalize the 
65.11 	permanent plan for the child when:
65.12 	(1) the agency has made reasonable efforts to identify a more legally permanent 
65.13 	home for the child than is provided by an order for permanent custody to the agency 
65.14 	for placement in foster care; and
65.15 	(2) the agency's engagement of the child in planning for independent living is 
65.16 	reasonable and appropriate.
65.17 		Subd. 2.Modifying an order for permanent legal and physical custody to a 
65.18 	relative. An order for a relative to have permanent legal and physical custody of a child 
65.19 	may be modified using standards under sections 518.18 and 518.185. The social services 
65.20 	agency is a party to the proceeding and must receive notice.
65.21 		Subd. 3.Modifying order for permanent custody to agency for placement in 
65.22 	foster care. (a) A parent may seek modification of an order for permanent custody of the 
65.23 	child to the responsible social services agency for placement in foster care upon motion 
65.24 	and a showing by the parent of a substantial change in the parent's circumstances such 
65.25 	that the parent could provide appropriate care for the child and that removal of the child 
65.26 	from the permanent custody of the agency and the return to the parent's care would be 
65.27 	in the best interests of the child.
65.28 	(b) The responsible social services agency may ask the court to vacate an order for 
65.29 	permanent custody to the agency upon a petition and hearing pursuant to section 260C.163 
65.30 	establishing the basis for the court to order another permanency disposition under this 
65.31 	chapter, including termination of parental rights based on abandonment if the parent 
65.32 	has not visited the child, maintained contact with the child, or participated in planning 
65.33 	for the child as required under section 260C.515, subdivision 5. The responsible social 
65.34 	services agency must establish that the proposed permanency disposition order is in the 
65.35 	child's best interests. Upon a hearing where the court determines the petition is proved, 
65.36 	the court may vacate the order for permanent custody and enter a different order for a 
66.1 	permanent disposition that is in the child's best interests. The court shall not require further 
66.2 	reasonable efforts to reunify the child with the parent or guardian as a basis for vacating 
66.3 	the order for permanent custody to the agency and ordering a different permanency 
66.4 	disposition in the child's best interests. The county attorney must file the petition and give 
66.5 	notice as required under the Minnesota Rules of Juvenile Protection Procedure in order to 
66.6 	modify an order for permanent custody under this subdivision.

66.7 	ARTICLE 3
66.8 	TECHNICAL AND CONFORMING AMENDMENTS

66.9 	Section 1. Minnesota Statutes 2010, section 256.01, subdivision 14b, is amended to 
66.10 	read:
66.11 		Subd. 14b.American Indian child welfare projects. (a) The commissioner of 
66.12 	human services may authorize projects to test tribal delivery of child welfare services to 
66.13 	American Indian children and their parents and custodians living on the reservation. 
66.14 	The commissioner has authority to solicit and determine which tribes may participate 
66.15 	in a project. Grants may be issued to Minnesota Indian tribes to support the projects. 
66.16 	The commissioner may waive existing state rules as needed to accomplish the projects. 
66.17 	Notwithstanding section 626.556, the commissioner may authorize projects to use 
66.18 	alternative methods of investigating and assessing reports of child maltreatment, provided 
66.19 	that the projects comply with the provisions of section 626.556 dealing with the rights 
66.20 	of individuals who are subjects of reports or investigations, including notice and appeal 
66.21 	rights and data practices requirements. The commissioner may seek any federal approvals 
66.22 	necessary to carry out the projects as well as seek and use any funds available to the 
66.23 	commissioner, including use of federal funds, foundation funds, existing grant funds, 
66.24 	and other funds. The commissioner is authorized to advance state funds as necessary to 
66.25 	operate the projects. Federal reimbursement applicable to the projects is appropriated 
66.26 	to the commissioner for the purposes of the projects. The projects must be required to 
66.27 	address responsibility for safety, permanency, and well-being of children.
66.28 	(b) For the purposes of this section, "American Indian child" means a person under 
66.29 	18 years of age 21 years old and who is a tribal member or eligible for membership in 
66.30 	one of the tribes chosen for a project under this subdivision and who is residing on the 
66.31 	reservation of that tribe.
66.32 	(c) In order to qualify for an American Indian child welfare project, a tribe must:
66.33 	(1) be one of the existing tribes with reservation land in Minnesota;
66.34 	(2) have a tribal court with jurisdiction over child custody proceedings;
67.1 	(3) have a substantial number of children for whom determinations of maltreatment 
67.2 	have occurred;
67.3 	(4) have capacity to respond to reports of abuse and neglect under section 626.556;
67.4 	(5) provide a wide range of services to families in need of child welfare services; and
67.5 	(6) have a tribal-state title IV-E agreement in effect.
67.6 	(d) Grants awarded under this section may be used for the nonfederal costs of 
67.7 	providing child welfare services to American Indian children on the tribe's reservation, 
67.8 	including costs associated with:
67.9 	(1) assessment and prevention of child abuse and neglect;
67.10 	(2) family preservation;
67.11 	(3) facilitative, supportive, and reunification services;
67.12 	(4) out-of-home placement for children removed from the home for child protective 
67.13 	purposes; and
67.14 	(5) other activities and services approved by the commissioner that further the goals 
67.15 	of providing safety, permanency, and well-being of American Indian children.
67.16 	(e) When a tribe has initiated a project and has been approved by the commissioner 
67.17 	to assume child welfare responsibilities for American Indian children of that tribe under 
67.18 	this section, the affected county social service agency is relieved of responsibility for 
67.19 	responding to reports of abuse and neglect under section 626.556 for those children 
67.20 	during the time within which the tribal project is in effect and funded. The commissioner 
67.21 	shall work with tribes and affected counties to develop procedures for data collection, 
67.22 	evaluation, and clarification of ongoing role and financial responsibilities of the county 
67.23 	and tribe for child welfare services prior to initiation of the project. Children who have not 
67.24 	been identified by the tribe as participating in the project shall remain the responsibility 
67.25 	of the county. Nothing in this section shall alter responsibilities of the county for law 
67.26 	enforcement or court services.
67.27 	(f) Participating tribes may conduct children's mental health screenings under section 
67.28 	245.4874, subdivision 1, paragraph (a), clause (14), for children who are eligible for the 
67.29 	initiative and living on the reservation and who meet one of the following criteria:
67.30 	(1) the child must be receiving child protective services;
67.31 	(2) the child must be in foster care; or
67.32 	(3) the child's parents must have had parental rights suspended or terminated.
67.33 	Tribes may access reimbursement from available state funds for conducting the screenings. 
67.34 	Nothing in this section shall alter responsibilities of the county for providing services 
67.35 	under section 245.487.
68.1 	(g) Participating tribes may establish a local child mortality review panel. In 
68.2 	establishing a local child mortality review panel, the tribe agrees to conduct local child 
68.3 	mortality reviews for child deaths or near-fatalities occurring on the reservation under 
68.4 	subdivision 12. Tribes with established child mortality review panels shall have access 
68.5 	to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c) 
68.6 	to (e). The tribe shall provide written notice to the commissioner and affected counties 
68.7 	when a local child mortality review panel has been established and shall provide data upon 
68.8 	request of the commissioner for purposes of sharing nonpublic data with members of the 
68.9 	state child mortality review panel in connection to an individual case.
68.10 	(h) The commissioner shall collect information on outcomes relating to child safety, 
68.11 	permanency, and well-being of American Indian children who are served in the projects. 
68.12 	Participating tribes must provide information to the state in a format and completeness 
68.13 	deemed acceptable by the state to meet state and federal reporting requirements.

68.14 	Sec. 2. Minnesota Statutes 2010, section 257.01, is amended to read:
68.15 	257.01 RECORDS REQUIRED.
68.16 	Each person or authorized child-placing agency permitted by law to receive children, 
68.17 	secure homes for children, or care for children, shall keep a record containing the name, 
68.18 	age, former residence, legal status, health records, sex, race, and accumulated length of 
68.19 	time in foster care, if applicable, of each child received; the name, former residence, 
68.20 	occupation, health history, and character, of each birth parent; the date of reception, 
68.21 	placing out, and adoption of each child, and the name, race, occupation, and residence of 
68.22 	the person with whom a child is placed; the date of the removal of any child to another 
68.23 	home and the reason for removal; the date of termination of the guardianship; the history 
68.24 	of each child until the child reaches the age of 18 21 years, is legally adopted, or is 
68.25 	discharged according to law; and further demographic and other information as is required 
68.26 	by the commissioner of human services.

68.27 	Sec. 3. Minnesota Statutes 2010, section 259.73, is amended to read:
68.28 	259.73 REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES.
68.29 	The commissioner of human services shall provide reimbursement of up to $2,000 
68.30 	to the adoptive parent or parents for costs incurred in adopting a child with special 
68.31 	needs. The commissioner shall determine the child's eligibility for adoption expense 
68.32 	reimbursement under title IV-E of the Social Security Act, United States Code, title 42, 
68.33 	sections 670 to 676. To be reimbursed, costs must be reasonable, necessary, and directly 
69.1 	related to the legal adoption of the child. An individual may apply for reimbursement for 
69.2 	costs incurred in an adoption of a child with special needs under section 259A.70.

69.3 	Sec. 4. Minnesota Statutes 2010, section 260C.301, subdivision 1, is amended to read:
69.4 		Subdivision 1.Voluntary and involuntary. The juvenile court may upon petition, 
69.5 	terminate all rights of a parent to a child:
69.6 	(a) with the written consent of a parent who for good cause desires to terminate 
69.7 	parental rights; or
69.8 	(b) if it finds that one or more of the following conditions exist:
69.9 	(1) that the parent has abandoned the child;
69.10 	(2) that the parent has substantially, continuously, or repeatedly refused or neglected 
69.11 	to comply with the duties imposed upon that parent by the parent and child relationship, 
69.12 	including but not limited to providing the child with necessary food, clothing, shelter, 
69.13 	education, and other care and control necessary for the child's physical, mental, or 
69.14 	emotional health and development, if the parent is physically and financially able, and 
69.15 	either reasonable efforts by the social services agency have failed to correct the conditions 
69.16 	that formed the basis of the petition or reasonable efforts would be futile and therefore 
69.17 	unreasonable;
69.18 	(3) that a parent has been ordered to contribute to the support of the child or 
69.19 	financially aid in the child's birth and has continuously failed to do so without good cause. 
69.20 	This clause shall not be construed to state a grounds for termination of parental rights of a 
69.21 	noncustodial parent if that parent has not been ordered to or cannot financially contribute 
69.22 	to the support of the child or aid in the child's birth;
69.23 	(4) that a parent is palpably unfit to be a party to the parent and child relationship 
69.24 	because of a consistent pattern of specific conduct before the child or of specific conditions 
69.25 	directly relating to the parent and child relationship either of which are determined by 
69.26 	the court to be of a duration or nature that renders the parent unable, for the reasonably 
69.27 	foreseeable future, to care appropriately for the ongoing physical, mental, or emotional 
69.28 	needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent 
69.29 	and child relationship upon a showing that the parent's parental rights to one or more other 
69.30 	children were involuntarily terminated or that the parent's custodial rights to another child 
69.31 	have been involuntarily transferred to a relative under section 260C.201, subdivision 11, 
69.32 	paragraph (e), clause (1), or a similar law of another jurisdiction;
69.33 	(5) that following the child's placement out of the home, reasonable efforts, under the 
69.34 	direction of the court, have failed to correct the conditions leading to the child's placement. 
69.35 	It is presumed that reasonable efforts under this clause have failed upon a showing that:
70.1 	(i) a child has resided out of the parental home under court order for a cumulative 
70.2 	period of 12 months within the preceding 22 months. In the case of a child under age eight 
70.3 	at the time the petition was filed alleging the child to be in need of protection or services, 
70.4 	the presumption arises when the child has resided out of the parental home under court 
70.5 	order for six months unless the parent has maintained regular contact with the child and 
70.6 	the parent is complying with the out-of-home placement plan;
70.7 	(ii) the court has approved the out-of-home placement plan required under section 
70.8 	260C.212 and filed with the court under section 260C.178;
70.9 	(iii) conditions leading to the out-of-home placement have not been corrected. It 
70.10 	is presumed that conditions leading to a child's out-of-home placement have not been 
70.11 	corrected upon a showing that the parent or parents have not substantially complied with 
70.12 	the court's orders and a reasonable case plan; and
70.13 	(iv) reasonable efforts have been made by the social services agency to rehabilitate 
70.14 	the parent and reunite the family.
70.15 	This clause does not prohibit the termination of parental rights prior to one year, or 
70.16 	in the case of a child under age eight, prior to six months after a child has been placed 
70.17 	out of the home.
70.18 	It is also presumed that reasonable efforts have failed under this clause upon a 
70.19 	showing that:
70.20 	(A) the parent has been diagnosed as chemically dependent by a professional 
70.21 	certified to make the diagnosis;
70.22 	(B) the parent has been required by a case plan to participate in a chemical 
70.23 	dependency treatment program;
70.24 	(C) the treatment programs offered to the parent were culturally, linguistically, 
70.25 	and clinically appropriate;
70.26 	(D) the parent has either failed two or more times to successfully complete a 
70.27 	treatment program or has refused at two or more separate meetings with a caseworker 
70.28 	to participate in a treatment program; and
70.29 	(E) the parent continues to abuse chemicals.
70.30 	(6) that a child has experienced egregious harm in the parent's care which is of a 
70.31 	nature, duration, or chronicity that indicates a lack of regard for the child's well-being, 
70.32 	such that a reasonable person would believe it contrary to the best interest of the child 
70.33 	or of any child to be in the parent's care;
70.34 	(7) that in the case of a child born to a mother who was not married to the child's 
70.35 	father when the child was conceived nor when the child was born the person is not entitled 
71.1 	to notice of an adoption hearing under section 259.49 and the person has not registered 
71.2 	with the fathers' adoption registry under section 259.52;
71.3 	(8) that the child is neglected and in foster care; or
71.4 	(9) that the parent has been convicted of a crime listed in section 260.012, paragraph 
71.5 	(g), clauses (1) to (3) (5).
71.6 	In an action involving an American Indian child, sections 260.751 to 260.835 and 
71.7 	the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control 
71.8 	to the extent that the provisions of this section are inconsistent with those laws.

71.9 	Sec. 5. Minnesota Statutes 2010, section 260D.08, is amended to read:
71.10 	260D.08 ANNUAL REVIEW.
71.11 	(a) After the court conducts a permanency review hearing under section 260D.07, 
71.12 	the matter must be returned to the court for further review of the responsible social 
71.13 	services reasonable efforts to finalize the permanent plan for the child and the child's foster 
71.14 	care placement at least every 12 months while the child is in foster care. The court shall 
71.15 	give notice to the parent and child, age 12 or older, and the foster parents of the continued 
71.16 	review requirements under this section at the permanency review hearing.
71.17 	(b) Every 12 months, the court shall determine whether the agency made reasonable 
71.18 	efforts to finalize the permanency plan for the child, which means the exercise of due 
71.19 	diligence by the agency to:
71.20 	(1) ensure that the agreement for voluntary foster care is the most appropriate legal 
71.21 	arrangement to meet the child's safety, health, and best interests and to conduct a genuine 
71.22 	examination of whether there is another permanency disposition order under chapter 
71.23 	260C, including returning the child home, that would better serve the child's need for a 
71.24 	stable and permanent home;
71.25 	(2) engage and support the parent in continued involvement in planning and decision 
71.26 	making for the needs of the child;
71.27 	(3) strengthen the child's ties to the parent, relatives, and community;
71.28 	(4) implement the out-of-home placement plan required under section 260C.212, 
71.29 	subdivision 1, and ensure that the plan requires the provision of appropriate services to 
71.30 	address the physical health, mental health, and educational needs of the child; and
71.31 	(5) ensure appropriate planning for the child's safe, permanent, and independent 
71.32 	living arrangement after the child's 18th birthday.

71.33 	Sec. 6. [611.012] DISPOSITION OF CHILD OF PARENT ARRESTED.
72.1 	A peace officer who arrests a person accompanied by a child of the person may 
72.2 	release the child to any person designated by the parent unless it is necessary to remove 
72.3 	the child under section 260C.175 because the child is found in surroundings or conditions 
72.4 	which endanger the child's health or welfare or which the peace officer reasonably believes 
72.5 	will endanger the child's health or welfare. An officer releasing a child under this section 
72.6 	to a person designated by the parent has no civil or criminal liability for the child's release.

72.7 	Sec. 7. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:
72.8 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
72.9 	given them unless the specific content indicates otherwise:
72.10 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
72.11 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
72.12 	child maltreatment report that does not allege substantial child endangerment. Family 
72.13 	assessment does not include a determination as to whether child maltreatment occurred 
72.14 	but does determine the need for services to address the safety of family members and the 
72.15 	risk of subsequent maltreatment.
72.16 	(b) "Investigation" means fact gathering related to the current safety of a child 
72.17 	and the risk of subsequent maltreatment that determines whether child maltreatment 
72.18 	occurred and whether child protective services are needed. An investigation must be used 
72.19 	when reports involve substantial child endangerment, and for reports of maltreatment in 
72.20 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
72.21 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
72.22 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
72.23 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
72.24 	(c) "Substantial child endangerment" means a person responsible for a child's care, 
72.25 	and in the case of sexual abuse includes a person who has a significant relationship to the 
72.26 	child as defined in section 609.341, or a person in a position of authority as defined in 
72.27 	section 609.341, who by act or omission commits or attempts to commit an act against a 
72.28 	child under their care that constitutes any of the following:
72.29 	(1) egregious harm as defined in section 260C.007, subdivision 14;
72.30 	(2) sexual abuse as defined in paragraph (d);
72.31 	(3) abandonment under section 260C.301, subdivision 2;
72.32 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
72.33 	child's physical or mental health, including a growth delay, which may be referred to as 
72.34 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
73.1 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
73.2 	609.195;
73.3 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
73.4 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
73.5 	609.223;
73.6 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
73.7 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
73.8 	(10) solicitation of children to engage in sexual conduct under section 609.352;
73.9 	(11) malicious punishment or neglect or endangerment of a child under section 
73.10 	609.377 or 609.378;
73.11 	(12) use of a minor in sexual performance under section 617.246; or
73.12 	(13) parental behavior, status, or condition which mandates that the county attorney 
73.13 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
73.14 	paragraph (a).
73.15 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
73.16 	child's care, by a person who has a significant relationship to the child, as defined in 
73.17 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
73.18 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
73.19 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
73.20 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
73.21 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
73.22 	abuse also includes any act which involves a minor which constitutes a violation of 
73.23 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
73.24 	threatened sexual abuse which includes the status of a parent or household member 
73.25 	who has committed a violation which requires registration as an offender under section 
73.26 	243.166, subdivision 1b, paragraph (a) or (b), or required registration under section 
73.27 	243.166, subdivision 1b, paragraph (a) or (b).
73.28 	(e) "Person responsible for the child's care" means (1) an individual functioning 
73.29 	within the family unit and having responsibilities for the care of the child such as a 
73.30 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
73.31 	functioning outside the family unit and having responsibilities for the care of the child 
73.32 	such as a teacher, school administrator, other school employees or agents, or other lawful 
73.33 	custodian of a child having either full-time or short-term care responsibilities including, 
73.34 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
73.35 	and coaching.
74.1 	(f) "Neglect" means the commission or omission of any of the acts specified under 
74.2 	clauses (1) to (9), other than by accidental means:
74.3 	(1) failure by a person responsible for a child's care to supply a child with necessary 
74.4 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
74.5 	mental health when reasonably able to do so;
74.6 	(2) failure to protect a child from conditions or actions that seriously endanger the 
74.7 	child's physical or mental health when reasonably able to do so, including a growth delay, 
74.8 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
74.9 	is due to parental neglect;
74.10 	(3) failure to provide for necessary supervision or child care arrangements 
74.11 	appropriate for a child after considering factors as the child's age, mental ability, physical 
74.12 	condition, length of absence, or environment, when the child is unable to care for the 
74.13 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
74.14 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
74.15 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
74.16 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
74.17 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
74.18 	because the child's parent, guardian, or other person responsible for the child's care in 
74.19 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
74.20 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
74.21 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
74.22 	if a lack of medical care may cause serious danger to the child's health. This section does 
74.23 	not impose upon persons, not otherwise legally responsible for providing a child with 
74.24 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
74.25 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
74.26 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
74.27 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
74.28 	delivery or the child at birth, or medical effects or developmental delays during the child's 
74.29 	first year of life that medically indicate prenatal exposure to a controlled substance, or the 
74.30 	presence of a Fetal Alcohol Spectrum Disorder;
74.31 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
74.32 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
74.33 	person responsible for the care of the child that adversely affects the child's basic needs 
74.34 	and safety; or
74.35 	(9) emotional harm from a pattern of behavior which contributes to impaired 
74.36 	emotional functioning of the child which may be demonstrated by a substantial and 
75.1 	observable effect in the child's behavior, emotional response, or cognition that is not 
75.2 	within the normal range for the child's age and stage of development, with due regard to 
75.3 	the child's culture.
75.4 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
75.5 	inflicted by a person responsible for the child's care on a child other than by accidental 
75.6 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
75.7 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
75.8 	that have not been authorized under section 121A.67 or 245.825.
75.9 	Abuse does not include reasonable and moderate physical discipline of a child 
75.10 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
75.11 	not include the use of reasonable force by a teacher, principal, or school employee as 
75.12 	allowed by section 121A.582. Actions which are not reasonable and moderate include, 
75.13 	but are not limited to, any of the following that are done in anger or without regard to the 
75.14 	safety of the child:
75.15 	(1) throwing, kicking, burning, biting, or cutting a child;
75.16 	(2) striking a child with a closed fist;
75.17 	(3) shaking a child under age three;
75.18 	(4) striking or other actions which result in any nonaccidental injury to a child 
75.19 	under 18 months of age;
75.20 	(5) unreasonable interference with a child's breathing;
75.21 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
75.22 	(7) striking a child under age one on the face or head;
75.23 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
75.24 	substances which were not prescribed for the child by a practitioner, in order to control or 
75.25 	punish the child; or other substances that substantially affect the child's behavior, motor 
75.26 	coordination, or judgment or that results in sickness or internal injury, or subjects the 
75.27 	child to medical procedures that would be unnecessary if the child were not exposed 
75.28 	to the substances;
75.29 	(9) unreasonable physical confinement or restraint not permitted under section 
75.30 	609.379, including but not limited to tying, caging, or chaining; or
75.31 	(10) in a school facility or school zone, an act by a person responsible for the child's 
75.32 	care that is a violation under section 121A.58.
75.33 	(h) "Report" means any report received by the local welfare agency, police 
75.34 	department, county sheriff, or agency responsible for assessing or investigating 
75.35 	maltreatment pursuant to this section.
75.36 	(i) "Facility" means:
76.1 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
76.2 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
76.3 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
76.4 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
76.5 	124D.10; or
76.6 	(3) a nonlicensed personal care provider organization as defined in sections 256B.04, 
76.7 	subdivision 16, and 256B.0625, subdivision 19a.
76.8 	(j) "Operator" means an operator or agency as defined in section 245A.02.
76.9 	(k) "Commissioner" means the commissioner of human services.
76.10 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
76.11 	not limited to employee assistance counseling and the provision of guardian ad litem and 
76.12 	parenting time expeditor services.
76.13 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
76.14 	stability of a child as evidenced by an observable or substantial impairment in the child's 
76.15 	ability to function within a normal range of performance and behavior with due regard to 
76.16 	the child's culture.
76.17 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
76.18 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
76.19 	injury includes, but is not limited to, exposing a child to a person responsible for the 
76.20 	child's care, as defined in paragraph (e), clause (1), who has:
76.21 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
76.22 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
76.23 	similar law of another jurisdiction;
76.24 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
76.25 	(4), or a similar law of another jurisdiction;
76.26 	(3) committed an act that has resulted in an involuntary termination of parental rights 
76.27 	under section 260C.301, or a similar law of another jurisdiction; or
76.28 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
76.29 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
76.30 	paragraph (d), clause (1), or a similar law of another jurisdiction.
76.31 	(o) Persons who conduct assessments or investigations under this section shall take 
76.32 	into account accepted child-rearing practices of the culture in which a child participates 
76.33 	and accepted teacher discipline practices, which are not injurious to the child's health, 
76.34 	welfare, and safety.
76.35 	(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 
76.36 	occurrence or event which:
77.1 	(1) is not likely to occur and could not have been prevented by exercise of due 
77.2 	care; and
77.3 	(2) if occurring while a child is receiving services from a facility, happens when the 
77.4 	facility and the employee or person providing services in the facility are in compliance 
77.5 	with the laws and rules relevant to the occurrence or event.
77.6 	(q) "Nonmaltreatment mistake" means:
77.7 	(1) at the time of the incident, the individual was performing duties identified in the 
77.8 	center's child care program plan required under Minnesota Rules, part 9503.0045;
77.9 	(2) the individual has not been determined responsible for a similar incident that 
77.10 	resulted in a finding of maltreatment for at least seven years;
77.11 	(3) the individual has not been determined to have committed a similar 
77.12 	nonmaltreatment mistake under this paragraph for at least four years;
77.13 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
77.14 	remedies that are available over the counter, whether ordered by a medical professional or 
77.15 	not; and
77.16 	(5) except for the period when the incident occurred, the facility and the individual 
77.17 	providing services were both in compliance with all licensing requirements relevant to the 
77.18 	incident.
77.19 	This definition only applies to child care centers licensed under Minnesota 
77.20 	Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of 
77.21 	substantiated maltreatment by the individual, the commissioner of human services shall 
77.22 	determine that a nonmaltreatment mistake was made by the individual.

77.23 	Sec. 8. Minnesota Statutes 2010, section 626.556, subdivision 10, is amended to read:
77.24 		Subd. 10.Duties of local welfare agency and local law enforcement agency upon 
77.25 	receipt of report. (a) Upon receipt of a report, the local welfare agency shall determine 
77.26 	whether to conduct a family assessment or an investigation as appropriate to prevent or 
77.27 	provide a remedy for child maltreatment. The local welfare agency:
77.28 	(1) shall conduct an investigation on reports involving substantial child 
77.29 	endangerment;
77.30 	(2) shall begin an immediate investigation if, at any time when it is using a family 
77.31 	assessment response, it determines that there is reason to believe that substantial child 
77.32 	endangerment or a serious threat to the child's safety exists;
77.33 	(3) may conduct a family assessment for reports that do not allege substantial child 
77.34 	endangerment. In determining that a family assessment is appropriate, the local welfare 
78.1 	agency may consider issues of child safety, parental cooperation, and the need for an 
78.2 	immediate response; and
78.3 	(4) may conduct a family assessment on a report that was initially screened and 
78.4 	assigned for an investigation. In determining that a complete investigation is not required, 
78.5 	the local welfare agency must document the reason for terminating the investigation and 
78.6 	notify the local law enforcement agency if the local law enforcement agency is conducting 
78.7 	a joint investigation.
78.8 	If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, 
78.9 	or individual functioning within the family unit as a person responsible for the child's 
78.10 	care, or sexual abuse by a person with a significant relationship to the child when that 
78.11 	person resides in the child's household or by a sibling, the local welfare agency shall 
78.12 	immediately conduct a family assessment or investigation as identified in clauses (1) to 
78.13 	(4). In conducting a family assessment or investigation, the local welfare agency shall 
78.14 	gather information on the existence of substance abuse and domestic violence and offer 
78.15 	services for purposes of preventing future child maltreatment, safeguarding and enhancing 
78.16 	the welfare of the abused or neglected minor, and supporting and preserving family 
78.17 	life whenever possible. If the report alleges a violation of a criminal statute involving 
78.18 	sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the 
78.19 	local law enforcement agency and local welfare agency shall coordinate the planning and 
78.20 	execution of their respective investigation and assessment efforts to avoid a duplication of 
78.21 	fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of 
78.22 	the results of its investigation. In cases of alleged child maltreatment resulting in death, 
78.23 	the local agency may rely on the fact-finding efforts of a law enforcement investigation 
78.24 	to make a determination of whether or not maltreatment occurred. When necessary the 
78.25 	local welfare agency shall seek authority to remove the child from the custody of a parent, 
78.26 	guardian, or adult with whom the child is living. In performing any of these duties, the 
78.27 	local welfare agency shall maintain appropriate records.
78.28 	If the family assessment or investigation indicates there is a potential for abuse of 
78.29 	alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 
78.30 	the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota 
78.31 	Rules, part 9530.6615.
78.32 	(b) When a local agency receives a report or otherwise has information indicating 
78.33 	that a child who is a client, as defined in section 245.91, has been the subject of physical 
78.34 	abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 
78.35 	245.91, it shall, in addition to its other duties under this section, immediately inform the 
78.36 	ombudsman established under sections 245.91 to 245.97. The commissioner of education 
79.1 	shall inform the ombudsman established under sections 245.91 to 245.97 of reports 
79.2 	regarding a child defined as a client in section 245.91 that maltreatment occurred at a 
79.3 	school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
79.4 	(c) Authority of the local welfare agency responsible for assessing or investigating 
79.5 	the child abuse or neglect report, the agency responsible for assessing or investigating 
79.6 	the report, and of the local law enforcement agency for investigating the alleged abuse or 
79.7 	neglect includes, but is not limited to, authority to interview, without parental consent, 
79.8 	the alleged victim and any other minors who currently reside with or who have resided 
79.9 	with the alleged offender. The interview may take place at school or at any facility or 
79.10 	other place where the alleged victim or other minors might be found or the child may be 
79.11 	transported to, and the interview conducted at, a place appropriate for the interview of a 
79.12 	child designated by the local welfare agency or law enforcement agency. The interview 
79.13 	may take place outside the presence of the alleged offender or parent, legal custodian, 
79.14 	guardian, or school official. For family assessments, it is the preferred practice to request 
79.15 	a parent or guardian's permission to interview the child prior to conducting the child 
79.16 	interview, unless doing so would compromise the safety assessment. Except as provided in 
79.17 	this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible 
79.18 	local welfare or law enforcement agency no later than the conclusion of the investigation 
79.19 	or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota 
79.20 	Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte 
79.21 	motion by the local welfare agency, order that, where reasonable cause exists, the agency 
79.22 	withhold notification of this interview from the parent, legal custodian, or guardian. If the 
79.23 	interview took place or is to take place on school property, the order shall specify that 
79.24 	school officials may not disclose to the parent, legal custodian, or guardian the contents 
79.25 	of the notification of intent to interview the child on school property, as provided under 
79.26 	this paragraph, and any other related information regarding the interview that may be a 
79.27 	part of the child's school record. A copy of the order shall be sent by the local welfare or 
79.28 	law enforcement agency to the appropriate school official.
79.29 	(d) When the local welfare, local law enforcement agency, or the agency responsible 
79.30 	for assessing or investigating a report of maltreatment determines that an interview should 
79.31 	take place on school property, written notification of intent to interview the child on school 
79.32 	property must be received by school officials prior to the interview. The notification 
79.33 	shall include the name of the child to be interviewed, the purpose of the interview, and 
79.34 	a reference to the statutory authority to conduct an interview on school property. For 
79.35 	interviews conducted by the local welfare agency, the notification shall be signed by the 
79.36 	chair of the local social services agency or the chair's designee. The notification shall be 
80.1 	private data on individuals subject to the provisions of this paragraph. School officials 
80.2 	may not disclose to the parent, legal custodian, or guardian the contents of the notification 
80.3 	or any other related information regarding the interview until notified in writing by the 
80.4 	local welfare or law enforcement agency that the investigation or assessment has been 
80.5 	concluded, unless a school employee or agent is alleged to have maltreated the child. 
80.6 	Until that time, the local welfare or law enforcement agency or the agency responsible 
80.7 	for assessing or investigating a report of maltreatment shall be solely responsible for any 
80.8 	disclosures regarding the nature of the assessment or investigation.
80.9 	Except where the alleged offender is believed to be a school official or employee, 
80.10 	the time and place, and manner of the interview on school premises shall be within the 
80.11 	discretion of school officials, but the local welfare or law enforcement agency shall have 
80.12 	the exclusive authority to determine who may attend the interview. The conditions as to 
80.13 	time, place, and manner of the interview set by the school officials shall be reasonable and 
80.14 	the interview shall be conducted not more than 24 hours after the receipt of the notification 
80.15 	unless another time is considered necessary by agreement between the school officials and 
80.16 	the local welfare or law enforcement agency. Where the school fails to comply with the 
80.17 	provisions of this paragraph, the juvenile court may order the school to comply. Every 
80.18 	effort must be made to reduce the disruption of the educational program of the child, other 
80.19 	students, or school staff when an interview is conducted on school premises.
80.20 	(e) Where the alleged offender or a person responsible for the care of the alleged 
80.21 	victim or other minor prevents access to the victim or other minor by the local welfare 
80.22 	agency, the juvenile court may order the parents, legal custodian, or guardian to produce 
80.23 	the alleged victim or other minor for questioning by the local welfare agency or the local 
80.24 	law enforcement agency outside the presence of the alleged offender or any person 
80.25 	responsible for the child's care at reasonable places and times as specified by court order.
80.26 	(f) Before making an order under paragraph (e), the court shall issue an order to 
80.27 	show cause, either upon its own motion or upon a verified petition, specifying the basis for 
80.28 	the requested interviews and fixing the time and place of the hearing. The order to show 
80.29 	cause shall be served personally and shall be heard in the same manner as provided in 
80.30 	other cases in the juvenile court. The court shall consider the need for appointment of a 
80.31 	guardian ad litem to protect the best interests of the child. If appointed, the guardian ad 
80.32 	litem shall be present at the hearing on the order to show cause.
80.33 	(g) The commissioner of human services, the ombudsman for mental health and 
80.34 	developmental disabilities, the local welfare agencies responsible for investigating reports, 
80.35 	the commissioner of education, and the local law enforcement agencies have the right to 
80.36 	enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, 
81.1 	including medical records, as part of the investigation. Notwithstanding the provisions of 
81.2 	chapter 13, they also have the right to inform the facility under investigation that they are 
81.3 	conducting an investigation, to disclose to the facility the names of the individuals under 
81.4 	investigation for abusing or neglecting a child, and to provide the facility with a copy of 
81.5 	the report and the investigative findings.
81.6 	(h) The local welfare agency responsible for conducting a family assessment or 
81.7 	investigation shall collect available and relevant information to determine child safety, 
81.8 	risk of subsequent child maltreatment, and family strengths and needs and share not public 
81.9 	information with an Indian's tribal social services agency without violating any law of the 
81.10 	state that may otherwise impose duties of confidentiality on the local welfare agency in 
81.11 	order to implement the tribal state agreement. The local welfare agency or the agency 
81.12 	responsible for investigating the report shall collect available and relevant information 
81.13 	to ascertain whether maltreatment occurred and whether protective services are needed. 
81.14 	Information collected includes, when relevant, information with regard to the person 
81.15 	reporting the alleged maltreatment, including the nature of the reporter's relationship to the 
81.16 	child and to the alleged offender, and the basis of the reporter's knowledge for the report; 
81.17 	the child allegedly being maltreated; the alleged offender; the child's caretaker; and other 
81.18 	collateral sources having relevant information related to the alleged maltreatment. The 
81.19 	local welfare agency or the agency responsible for assessing or investigating the report 
81.20 	may make a determination of no maltreatment early in an assessment investigation, and 
81.21 	close the case and retain immunity, if the collected information shows no basis for a 
81.22 	full assessment or investigation.
81.23 	Information relevant to the assessment or investigation must be asked for, and 
81.24 	may include:
81.25 	(1) the child's sex and age, prior reports of maltreatment, information relating 
81.26 	to developmental functioning, credibility of the child's statement, and whether the 
81.27 	information provided under this clause is consistent with other information collected 
81.28 	during the course of the assessment or investigation;
81.29 	(2) the alleged offender's age, a record check for prior reports of maltreatment, and 
81.30 	criminal charges and convictions. The local welfare agency or the agency responsible for 
81.31 	assessing or investigating the report must provide the alleged offender with an opportunity 
81.32 	to make a statement. The alleged offender may submit supporting documentation relevant 
81.33 	to the assessment or investigation;
81.34 	(3) collateral source information regarding the alleged maltreatment and care of the 
81.35 	child. Collateral information includes, when relevant: (i) a medical examination of the 
81.36 	child; (ii) prior medical records relating to the alleged maltreatment or the care of the 
82.1 	child maintained by any facility, clinic, or health care professional and an interview with 
82.2 	the treating professionals; and (iii) interviews with the child's caretakers, including the 
82.3 	child's parent, guardian, foster parent, child care provider, teachers, counselors, family 
82.4 	members, relatives, and other persons who may have knowledge regarding the alleged 
82.5 	maltreatment and the care of the child; and
82.6 	(4) information on the existence of domestic abuse and violence in the home of 
82.7 	the child, and substance abuse.
82.8 	Nothing in this paragraph precludes the local welfare agency, the local law 
82.9 	enforcement agency, or the agency responsible for assessing or investigating the report 
82.10 	from collecting other relevant information necessary to conduct the assessment or 
82.11 	investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare 
82.12 	agency has access to medical data and records for purposes of clause (3). Notwithstanding 
82.13 	the data's classification in the possession of any other agency, data acquired by the 
82.14 	local welfare agency or the agency responsible for assessing or investigating the report 
82.15 	during the course of the assessment or investigation are private data on individuals and 
82.16 	must be maintained in accordance with subdivision 11. Data of the commissioner of 
82.17 	education collected or maintained during and for the purpose of an investigation of 
82.18 	alleged maltreatment in a school are governed by this section, notwithstanding the data's 
82.19 	classification as educational, licensing, or personnel data under chapter 13.
82.20 	In conducting an assessment or investigation involving a school facility as defined 
82.21 	in subdivision 2, paragraph (i), the commissioner of education shall collect investigative 
82.22 	reports and data that are relevant to a report of maltreatment and are from local law 
82.23 	enforcement and the school facility.
82.24 	(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face 
82.25 	contact with the child reported to be maltreated and with the child's primary caregiver 
82.26 	sufficient to complete a safety assessment and ensure the immediate safety of the child. 
82.27 	The face-to-face contact with the child and primary caregiver shall occur immediately 
82.28 	if substantial child endangerment is alleged and within five calendar days for all other 
82.29 	reports. If the alleged offender was not already interviewed as the primary caregiver, the 
82.30 	local welfare agency shall also conduct a face-to-face interview with the alleged offender 
82.31 	in the early stages of the assessment or investigation. At the initial contact, the local child 
82.32 	welfare agency or the agency responsible for assessing or investigating the report must 
82.33 	inform the alleged offender of the complaints or allegations made against the individual in 
82.34 	a manner consistent with laws protecting the rights of the person who made the report. 
82.35 	The interview with the alleged offender may be postponed if it would jeopardize an active 
82.36 	law enforcement investigation.
83.1 	(j) When conducting an investigation, the local welfare agency shall use a question 
83.2 	and answer interviewing format with questioning as nondirective as possible to elicit 
83.3 	spontaneous responses. For investigations only, the following interviewing methods and 
83.4 	procedures must be used whenever possible when collecting information:
83.5 	(1) audio recordings of all interviews with witnesses and collateral sources; and
83.6 	(2) in cases of alleged sexual abuse, audio-video recordings of each interview with 
83.7 	the alleged victim and child witnesses.
83.8 	(k) In conducting an assessment or investigation involving a school facility as 
83.9 	defined in subdivision 2, paragraph (i), the commissioner of education shall collect 
83.10 	available and relevant information and use the procedures in paragraphs (i), (k), and 
83.11 	subdivision 3d, except that the requirement for face-to-face observation of the child 
83.12 	and face-to-face interview of the alleged offender is to occur in the initial stages of the 
83.13 	assessment or investigation provided that the commissioner may also base the assessment 
83.14 	or investigation on investigative reports and data received from the school facility and 
83.15 	local law enforcement, to the extent those investigations satisfy the requirements of 
83.16 	paragraphs (i) and (k), and subdivision 3d.

83.17 	Sec. 9. Minnesota Statutes 2010, section 626.556, subdivision 10e, is amended to read:
83.18 		Subd. 10e.Determinations. (a) The local welfare agency shall conclude the family 
83.19 	assessment or the investigation within 45 days of the receipt of a report. The conclusion of 
83.20 	the assessment or investigation may be extended to permit the completion of a criminal 
83.21 	investigation or the receipt of expert information requested within 45 days of the receipt 
83.22 	of the report.
83.23 	(b) After conducting a family assessment, the local welfare agency shall determine 
83.24 	whether services are needed to address the safety of the child and other family members 
83.25 	and the risk of subsequent maltreatment.
83.26 	(c) After conducting an investigation, the local welfare agency shall make two 
83.27 	determinations: first, whether maltreatment has occurred; and second, whether child 
83.28 	protective services are needed. No determination of maltreatment shall be made when the 
83.29 	alleged perpetrator is a child under the age of ten.
83.30 	(d) If the commissioner of education conducts an assessment or investigation, 
83.31 	the commissioner shall determine whether maltreatment occurred and what corrective 
83.32 	or protective action was taken by the school facility. If a determination is made that 
83.33 	maltreatment has occurred, the commissioner shall report to the employer, the school 
83.34 	board, and any appropriate licensing entity the determination that maltreatment occurred 
83.35 	and what corrective or protective action was taken by the school facility. In all other cases, 
84.1 	the commissioner shall inform the school board or employer that a report was received, 
84.2 	the subject of the report, the date of the initial report, the category of maltreatment alleged 
84.3 	as defined in paragraph (f), the fact that maltreatment was not determined, and a summary 
84.4 	of the specific reasons for the determination.
84.5 	(e) When maltreatment is determined in an investigation involving a facility, 
84.6 	the investigating agency shall also determine whether the facility or individual was 
84.7 	responsible, or whether both the facility and the individual were responsible for the 
84.8 	maltreatment using the mitigating factors in paragraph (i). Determinations under this 
84.9 	subdivision must be made based on a preponderance of the evidence and are private data 
84.10 	on individuals or nonpublic data as maintained by the commissioner of education.
84.11 	(f) For the purposes of this subdivision, "maltreatment" means any of the following 
84.12 	acts or omissions:
84.13 	(1) physical abuse as defined in subdivision 2, paragraph (g);
84.14 	(2) neglect as defined in subdivision 2, paragraph (f);
84.15 	(3) sexual abuse as defined in subdivision 2, paragraph (d);
84.16 	(4) mental injury as defined in subdivision 2, paragraph (m); or
84.17 	(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
84.18 	(g) For the purposes of this subdivision, a determination that child protective 
84.19 	services are needed means that the local welfare agency has documented conditions 
84.20 	during the assessment or investigation sufficient to cause a child protection worker, as 
84.21 	defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of 
84.22 	maltreatment if protective intervention is not provided and that the individuals responsible 
84.23 	for the child's care have not taken or are not likely to take actions to protect the child 
84.24 	from maltreatment or risk of maltreatment.
84.25 	(h) This subdivision does not mean that maltreatment has occurred solely because 
84.26 	the child's parent, guardian, or other person responsible for the child's care in good faith 
84.27 	selects and depends upon spiritual means or prayer for treatment or care of disease 
84.28 	or remedial care of the child, in lieu of medical care. However, if lack of medical care 
84.29 	may result in serious danger to the child's health, the local welfare agency may ensure 
84.30 	that necessary medical services are provided to the child.
84.31 	(i) When determining whether the facility or individual is the responsible party, or 
84.32 	whether both the facility and the individual are responsible for determined maltreatment in 
84.33 	a facility, the investigating agency shall consider at least the following mitigating factors:
84.34 	(1) whether the actions of the facility or the individual caregivers were according to, 
84.35 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
84.36 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
85.1 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
85.2 	directive or knew or should have known of the errors and took no reasonable measures to 
85.3 	correct the defect before administering care;
85.4 	(2) comparative responsibility between the facility, other caregivers, and 
85.5 	requirements placed upon an employee, including the facility's compliance with related 
85.6 	regulatory standards and the adequacy of facility policies and procedures, facility training, 
85.7 	an individual's participation in the training, the caregiver's supervision, and facility staffing 
85.8 	levels and the scope of the individual employee's authority and discretion; and
85.9 	(3) whether the facility or individual followed professional standards in exercising 
85.10 	professional judgment.
85.11 	The evaluation of the facility's responsibility under clause (2) must not be based on the 
85.12 	completeness of the risk assessment or risk reduction plan required under section 245A.66, 
85.13 	but must be based on the facility's compliance with the regulatory standards for policies 
85.14 	and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota 
85.15 	Rules.
85.16 	(j) Notwithstanding paragraph (i), when maltreatment is determined to have been 
85.17 	committed by an individual who is also the facility license holder, both the individual and 
85.18 	the facility must be determined responsible for the maltreatment, and both the background 
85.19 	study disqualification standards under section 245C.15, subdivision 4, and the licensing 
85.20 	actions under sections 245A.06 or 245A.07 apply.
85.21 	(k) Individual counties may implement more detailed definitions or criteria that 
85.22 	indicate which allegations to investigate, as long as a county's policies are consistent 
85.23 	with the definitions in the statutes and rules and are approved by the county board. Each 
85.24 	local welfare agency shall periodically inform mandated reporters under subdivision 3 
85.25 	who work in the county of the definitions of maltreatment in the statutes and rules and any 
85.26 	additional definitions or criteria that have been approved by the county board.

85.27 	Sec. 10. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:
85.28 		Subd. 10f.Notice of determinations. Within ten working days of the conclusion 
85.29 	of a family assessment, the local welfare agency shall notify the parent or guardian 
85.30 	of the child of the need for services to address child safety concerns or significant risk 
85.31 	of subsequent child maltreatment. The local welfare agency and the family may also 
85.32 	jointly agree that family support and family preservation services are needed. Within ten 
85.33 	working days of the conclusion of an investigation, the local welfare agency or agency 
85.34 	responsible for assessing or investigating the report shall notify the parent or guardian 
85.35 	of the child, the person determined to be maltreating the child, and if applicable, the 
86.1 	director of the facility, of the determination and a summary of the specific reasons for 
86.2 	the determination. When the investigation involves a child foster care setting that is 
86.3 	monitored by a private licensing agency under section 245A.16, the local welfare agency 
86.4 	responsible for assessing or investigating the report shall notify the private licensing 
86.5 	agency of the determination and shall provide a summary of the specific reasons for 
86.6 	the determination. The notice to the private licensing agency must include identifying 
86.7 	private data, but not the identity of the reporter of maltreatment. The notice must also 
86.8 	include a certification that the information collection procedures under subdivision 10, 
86.9 	paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to 
86.10 	obtain access to other private data on the subject collected, created, or maintained under 
86.11 	this section. In addition, the notice shall include the length of time that the records will be 
86.12 	kept under subdivision 11c. The investigating agency shall notify the parent or guardian 
86.13 	of the child who is the subject of the report, and any person or facility determined to 
86.14 	have maltreated a child, of their appeal or review rights under this section or section 
86.15 	256.022. The notice must also state that a finding of maltreatment may result in denial of a 
86.16 	license application or background study disqualification under chapter 245C related to 
86.17 	employment or services that are licensed by the Department of Human Services under 
86.18 	chapter 245A, the Department of Health under chapter 144 or 144A, the Department of 
86.19 	Corrections under section 241.021, and from providing services related to an unlicensed 
86.20 	personal care provider organization under chapter 256B.

86.21 	Sec. 11. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:
86.22 		Subd. 10i.Administrative reconsideration; review panel. (a) Administrative 
86.23 	reconsideration is not applicable in family assessments since no determination concerning 
86.24 	maltreatment is made. For investigations, except as provided under paragraph (e), an 
86.25 	individual or facility that the commissioner of human services, a local social service 
86.26 	agency, or the commissioner of education determines has maltreated a child, an interested 
86.27 	person acting on behalf of the child, regardless of the determination, who contests 
86.28 	the investigating agency's final determination regarding maltreatment, may request the 
86.29 	investigating agency to reconsider its final determination regarding maltreatment. The 
86.30 	request for reconsideration must be submitted in writing to the investigating agency within 
86.31 	15 calendar days after receipt of notice of the final determination regarding maltreatment 
86.32 	or, if the request is made by an interested person who is not entitled to notice, within 
86.33 	15 days after receipt of the notice by the parent or guardian of the child. If mailed, the 
86.34 	request for reconsideration must be postmarked and sent to the investigating agency 
86.35 	within 15 calendar days of the individual's or facility's receipt of the final determination. If 
87.1 	the request for reconsideration is made by personal service, it must be received by the 
87.2 	investigating agency within 15 calendar days after the individual's or facility's receipt of the 
87.3 	final determination. Effective January 1, 2002, an individual who was determined to have 
87.4 	maltreated a child under this section and who was disqualified on the basis of serious or 
87.5 	recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration 
87.6 	of the maltreatment determination and the disqualification. The request for reconsideration 
87.7 	of the maltreatment determination and the disqualification must be submitted within 30 
87.8 	calendar days of the individual's receipt of the notice of disqualification under sections 
87.9 	245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment 
87.10 	determination and the disqualification must be postmarked and sent to the investigating 
87.11 	agency within 30 calendar days of the individual's receipt of the maltreatment 
87.12 	determination and notice of disqualification. If the request for reconsideration is made by 
87.13 	personal service, it must be received by the investigating agency within 30 calendar days 
87.14 	after the individual's receipt of the notice of disqualification.
87.15 	(b) Except as provided under paragraphs (e) and (f), if the investigating agency 
87.16 	denies the request or fails to act upon the request within 15 working days after receiving 
87.17 	the request for reconsideration, the person or facility entitled to a fair hearing under 
87.18 	section 256.045 may submit to the commissioner of human services or the commissioner 
87.19 	of education a written request for a hearing under that section. Section 256.045 also 
87.20 	governs hearings requested to contest a final determination of the commissioner of 
87.21 	education. For reports involving maltreatment of a child in a facility, an interested person 
87.22 	acting on behalf of the child may request a review by the Child Maltreatment Review 
87.23 	Panel under section 256.022 if the investigating agency denies the request or fails to act 
87.24 	upon the request or if the interested person contests a reconsidered determination. The 
87.25 	investigating agency shall notify persons who request reconsideration of their rights under 
87.26 	this paragraph. The request must be submitted in writing to the review panel and a copy 
87.27 	sent to the investigating agency within 30 calendar days of receipt of notice of a denial 
87.28 	of a request for reconsideration or of a reconsidered determination. The request must 
87.29 	specifically identify the aspects of the agency determination with which the person is 
87.30 	dissatisfied. The hearings specified under this section are the only administrative appeal of 
87.31 	a decision issued under paragraph (a). Determinations under this section are not subject to 
87.32 	accuracy and completeness challenges under section 13.04.
87.33 	(c) If, as a result of a reconsideration or review, the investigating agency changes 
87.34 	the final determination of maltreatment, that agency shall notify the parties specified in 
87.35 	subdivisions 10b, 10d, and 10f.
88.1 	(d) Except as provided under paragraph (f), if an individual or facility contests the 
88.2 	investigating agency's final determination regarding maltreatment by requesting a fair 
88.3 	hearing under section 256.045, the commissioner of human services shall assure that the 
88.4 	hearing is conducted and a decision is reached within 90 days of receipt of the request for 
88.5 	a hearing. The time for action on the decision may be extended for as many days as the 
88.6 	hearing is postponed or the record is held open for the benefit of either party.
88.7 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on 
88.8 	the basis of a determination of maltreatment, which was serious or recurring, and 
88.9 	the individual has requested reconsideration of the maltreatment determination under 
88.10 	paragraph (a) and requested reconsideration of the disqualification under sections 245C.21
88.11 	to 245C.27, reconsideration of the maltreatment determination and reconsideration of the 
88.12 	disqualification shall be consolidated into a single reconsideration. If reconsideration 
88.13 	of the maltreatment determination is denied and the individual remains disqualified 
88.14 	following a reconsideration decision, the individual may request a fair hearing under 
88.15 	section 256.045. If an individual requests a fair hearing on the maltreatment determination 
88.16 	and the disqualification, the scope of the fair hearing shall include both the maltreatment 
88.17 	determination and the disqualification.
88.18 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
88.19 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
88.20 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
88.21 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
88.22 	under section 245A.08, subdivision 2a, the scope of the contested case hearing shall 
88.23 	include the maltreatment determination, disqualification, and licensing sanction or denial 
88.24 	of a license. In such cases, a fair hearing regarding the maltreatment determination and 
88.25 	disqualification shall not be conducted under section 256.045. Except for family child 
88.26 	care and child foster care, reconsideration of a maltreatment determination as provided 
88.27 	under this subdivision, and reconsideration of a disqualification as provided under section 
88.28 	245C.22, shall also not be conducted when:
88.29 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
88.30 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
88.31 	or the disqualification of a license holder based on serious or recurring maltreatment;
88.32 	(2) the denial of a license or licensing sanction is issued at the same time as the 
88.33 	maltreatment determination or disqualification; and
88.34 	(3) the license holder appeals the maltreatment determination or disqualification, and 
88.35 	denial of a license or licensing sanction.
89.1 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
89.2 	determination or disqualification, but does not appeal the denial of a license or a licensing 
89.3 	sanction, reconsideration of the maltreatment determination shall be conducted under 
89.4 	sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the 
89.5 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 
89.6 	shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 
89.7 	626.557, subdivision 9d.
89.8 	If the disqualified subject is an individual other than the license holder and upon 
89.9 	whom a background study must be conducted under chapter 245C, the hearings of all 
89.10 	parties may be consolidated into a single contested case hearing upon consent of all parties 
89.11 	and the administrative law judge.
89.12 	(g) For purposes of this subdivision, "interested person acting on behalf of the 
89.13 	child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult 
89.14 	stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been 
89.15 	determined to be the perpetrator of the maltreatment.

89.16 	Sec. 12. Minnesota Statutes 2010, section 626.556, subdivision 10k, is amended to 
89.17 	read:
89.18 		Subd. 10k.Release of certain assessment or investigative records to other 
89.19 	counties. Records maintained under subdivision 11c, paragraph (a), may be shared with 
89.20 	another local welfare agency that requests the information because it is conducting an
89.21 	assessment or investigation under this section of the subject of the records.

89.22 	Sec. 13. REVISOR'S INSTRUCTION.
 89.23 	(a) The revisor of statutes shall renumber each section of Minnesota Statutes listed 
89.24 	in column A with the number listed in column B.

89.25		Column A
	Column B
	
89.26		259.69
	259A.05, subd. 5
	
89.27		260C.217
	260C.139
	
89.28		260C.501
	260C.177
	
89.29		260C.201, subd. 10
	260C.202
	
89.30		260C.212, subd. 7
	260C.203
	
89.31		260C.201, subd. 11a
	260C.204
	
89.32		260C.212, subd. 4
	260C.219
	
89.33		260C.212, subd. 5
	260C.221
	
89.34		260C.213
	260C.223
	
89.35		260C.206
	260C.225
	
89.36		260C.212, subd. 8
	260C.227
	
90.1		260C.212, subd. 6
	260C.521, subd. 4
	
90.2		260C.205
	260D.11
	
90.3 	(b) The revisor of statutes shall make necessary cross-reference changes in 
90.4 	Minnesota Statutes and Minnesota Rules consistent with the numbering in articles 1 and 
90.5 	2 and the renumbering in paragraph (a).

90.6 	ARTICLE 4
90.7 	CHILD SUPPORT

90.8 	Section 1. Minnesota Statutes 2010, section 257.75, subdivision 7, is amended to read:
90.9 		Subd. 7.Hospital and Department of Health distribution of educational 
90.10 	materials; recognition form. Hospitals that provide obstetric services and the state 
90.11 	registrar of vital statistics shall distribute the educational materials and recognition 
90.12 	of parentage forms prepared by the commissioner of human services to new parents 
90.13 	and; shall assist parents in understanding the recognition of parentage form, including 
90.14 	following the provisions for notice under subdivision 5; shall aid new parents in properly 
90.15 	completing the recognition of parentage form, including providing notary services; and 
90.16 	shall timely file the completed recognition of parentage form with the office of the state 
90.17 	registrar of vital statistics. On and after January 1, 1994, hospitals may not distribute the 
90.18 	declaration of parentage forms.

90.19 	Sec. 2. Minnesota Statutes 2010, section 518C.205, is amended to read:
90.20 	518C.205 CONTINUING, EXCLUSIVE JURISDICTION.
90.21 	(a) A tribunal of this state issuing a support order consistent with the law of this state 
90.22 	has continuing, exclusive jurisdiction over a child support order unless:
90.23 	(1) as long as this state remains is no longer the residence of the obligor, the 
90.24 	individual obligee, or and the child for whose benefit the support order is issued; or
90.25 	(2) until all of the parties who are individuals have filed written consents with 
90.26 	the tribunal of this state for a tribunal of another state to modify the order and assume 
90.27 	continuing, exclusive jurisdiction.
90.28 	(b) A tribunal of this state issuing a child support order consistent with the law of 
90.29 	this state may not exercise its continuing jurisdiction to modify the order if the order has 
90.30 	been modified by a tribunal of another state pursuant to this chapter or a law substantially 
90.31 	similar to this chapter.
90.32 	(c) If a child support order of this state is modified by a tribunal of another state 
90.33 	pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state 
91.1 	loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the 
91.2 	order issued in this state, and may only:
91.3 	(1) enforce the order that was modified as to amounts accruing before the 
91.4 	modification;
91.5 	(2) enforce nonmodifiable aspects of that order; and
91.6 	(3) provide other appropriate relief for violations of that order which occurred before 
91.7 	the effective date of the modification.
91.8 	(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a 
91.9 	tribunal of another state which has issued a child support order pursuant to this chapter or 
91.10 	a law substantially similar to this chapter.
91.11 	(e) A temporary support order issued ex parte or pending resolution of a jurisdictional 
91.12 	conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
91.13 	(f) A tribunal of this state issuing a support order consistent with the law of this 
91.14 	state has continuing, exclusive jurisdiction over a spousal support order throughout the 
91.15 	existence of the support obligation. A tribunal of this state may not modify a spousal 
91.16 	support order issued by a tribunal of another state having continuing, exclusive jurisdiction 
91.17 	over that order under the law of that state.