1.1 	A bill for an act
1.2 	relating to human services; modifying provisions related to children and family 
1.3 	services; providing for child safety and permanency reform including adoptions 
1.4 	under guardianship of the commissioner; modifying statutory provisions 
1.5 	related to child support; modifying child care provisions; modifying fees; 
1.6 	modifying MFIP provisions; providing criminal penalties; making technical 
1.7 	changes;amending Minnesota Statutes 2010, sections 13.46, subdivision 2; 
1.8 	13.461, subdivision 17; 13.465, by adding a subdivision; 119B.09, subdivision 
1.9 	7; 119B.12, subdivisions 1, 2; 119B.125, subdivisions 1a, 2, 6; 119B.13, 
1.10 	subdivision 6; 145.902, subdivisions 1, 2, 3; 256.998, subdivisions 1, 5; 256J.08, 
1.11 	subdivision 11; 256J.24, subdivisions 2, 5; 256J.32, subdivision 6; 256J.621; 
1.12 	256J.68, subdivision 7; 256J.95, subdivision 3; 257.01; 257.75, subdivision 
1.13 	7; 259.22, subdivision 2; 259.23, subdivision 1; 259.24, subdivisions 1, 3, 5, 
1.14 	6a, 7; 259.29, subdivision 2; 259.69; 259.73; 260.012; 260.771, subdivision 
1.15 	3; 260C.001; 260C.007, subdivision 4, by adding subdivisions; 260C.101, 
1.16 	subdivision 2; 260C.150, subdivision 1; 260C.157, subdivision 1; 260C.163, 
1.17 	subdivisions 1, 4; 260C.178, subdivisions 1, 7; 260C.193, subdivisions 3, 
1.18 	6; 260C.201, subdivisions 2, 10, 11a; 260C.212, subdivisions 1, 2, 5, 7; 
1.19 	260C.215, subdivisions 4, 6; 260C.217; 260C.301, subdivisions 1, 8; 260C.317, 
1.20 	subdivisions 3, 4; 260C.325, subdivisions 1, 3, 4; 260C.328; 260C.451; 260D.08; 
1.21 	518A.40, subdivision 4; 518C.205; 541.04; 548.09, subdivision 1; 609.3785; 
1.22 	626.556, subdivisions 2, 10, 10e, 10f, 10i, 10k, 11; Minnesota Statutes 2011 
1.23 	Supplement, sections 119B.13, subdivision 1; 256.01, subdivision 14b; proposing 
1.24 	coding for new law in Minnesota Statutes, chapters 260C; 611; proposing coding 
1.25 	for new law as Minnesota Statutes, chapter 259A; repealing Minnesota Statutes 
1.26 	2010, sections 256.022; 259.67; 259.71; 260C.201, subdivision 11; 260C.215, 
1.27 	subdivision 2; 260C.456; Minnesota Rules, parts 9560.0071; 9560.0082; 
1.28 	9560.0083; 9560.0091; 9560.0093, subparts 1, 3, 4; 9560.0101; 9560.0102.
1.29 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.30 	ARTICLE 1
1.31 	CHILDREN AND FAMILIES POLICY PROVISIONS

1.32 	Section 1. Minnesota Statutes 2010, section 13.46, subdivision 2, is amended to read:
2.1 		Subd. 2.General. (a) Unless the data is summary data or a statute specifically 
2.2 	provides a different classification, data on individuals collected, maintained, used, or 
2.3 	disseminated by the welfare system is private data on individuals, and shall not be 
2.4 	disclosed except:
2.5 	(1) according to section 13.05;
2.6 	(2) according to court order;
2.7 	(3) according to a statute specifically authorizing access to the private data;
2.8 	(4) to an agent of the welfare system, including a law enforcement person, attorney, 
2.9 	or investigator acting for it in the investigation or prosecution of a criminal or civil 
2.10 	proceeding relating to the administration of a program;
2.11 	(5) to personnel of the welfare system who require the data to verify an individual's 
2.12 	identity; determine eligibility, amount of assistance, and the need to provide services to 
2.13 	an individual or family across programs; evaluate the effectiveness of programs; assess 
2.14 	parental contribution amounts; and investigate suspected fraud;
2.15 	(6) to administer federal funds or programs;
2.16 	(7) between personnel of the welfare system working in the same program;
2.17 	(8) to the Department of Revenue to assess parental contribution amounts for 
2.18 	purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit 
2.19 	programs and to identify individuals who may benefit from these programs. The following 
2.20 	information may be disclosed under this paragraph: an individual's and their dependent's 
2.21 	names, dates of birth, Social Security numbers, income, addresses, and other data as 
2.22 	required, upon request by the Department of Revenue. Disclosures by the commissioner 
2.23 	of revenue to the commissioner of human services for the purposes described in this clause 
2.24 	are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include, 
2.25 	but are not limited to, the dependent care credit under section 290.067, the Minnesota 
2.26 	working family credit under section 290.0671, the property tax refund and rental credit 
2.27 	under section 290A.04, and the Minnesota education credit under section 290.0674;
2.28 	(9) between the Department of Human Services, the Department of Employment 
2.29 	and Economic Development, and when applicable, the Department of Education, for 
2.30 	the following purposes:
2.31 	(i) to monitor the eligibility of the data subject for unemployment benefits, for any 
2.32 	employment or training program administered, supervised, or certified by that agency;
2.33 	(ii) to administer any rehabilitation program or child care assistance program, 
2.34 	whether alone or in conjunction with the welfare system;
2.35 	(iii) to monitor and evaluate the Minnesota family investment program or the child 
2.36 	care assistance program by exchanging data on recipients and former recipients of food 
3.1 	support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance 
3.2 	under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and
3.3 	(iv) to analyze public assistance employment services and program utilization, 
3.4 	cost, effectiveness, and outcomes as implemented under the authority established in Title 
3.5 	II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 
3.6 	1999. Health records governed by sections 144.291 to 144.298 and "protected health 
3.7 	information" as defined in Code of Federal Regulations, title 45, section 160.103, and 
3.8 	governed by Code of Federal Regulations, title 45, parts 160-164, including health care 
3.9 	claims utilization information, must not be exchanged under this clause;
3.10 	(10) to appropriate parties in connection with an emergency if knowledge of 
3.11 	the information is necessary to protect the health or safety of the individual or other 
3.12 	individuals or persons;
3.13 	(11) data maintained by residential programs as defined in section 245A.02 may 
3.14 	be disclosed to the protection and advocacy system established in this state according 
3.15 	to Part C of Public Law 98-527 to protect the legal and human rights of persons with 
3.16 	developmental disabilities or other related conditions who live in residential facilities for 
3.17 	these persons if the protection and advocacy system receives a complaint by or on behalf 
3.18 	of that person and the person does not have a legal guardian or the state or a designee of 
3.19 	the state is the legal guardian of the person;
3.20 	(12) to the county medical examiner or the county coroner for identifying or locating 
3.21 	relatives or friends of a deceased person;
3.22 	(13) data on a child support obligor who makes payments to the public agency 
3.23 	may be disclosed to the Minnesota Office of Higher Education to the extent necessary to 
3.24 	determine eligibility under section 136A.121, subdivision 2, clause (5);
3.25 	(14) participant Social Security numbers and names collected by the telephone 
3.26 	assistance program may be disclosed to the Department of Revenue to conduct an 
3.27 	electronic data match with the property tax refund database to determine eligibility under 
3.28 	section 237.70, subdivision 4a;
3.29 	(15) the current address of a Minnesota family investment program participant 
3.30 	may be disclosed to law enforcement officers who provide the name of the participant 
3.31 	and notify the agency that:
3.32 	(i) the participant:
3.33 	(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after 
3.34 	conviction, for a crime or attempt to commit a crime that is a felony under the laws of the 
3.35 	jurisdiction from which the individual is fleeing; or
3.36 	(B) is violating a condition of probation or parole imposed under state or federal law;
4.1 	(ii) the location or apprehension of the felon is within the law enforcement officer's 
4.2 	official duties; and
4.3 	(iii) the request is made in writing and in the proper exercise of those duties;
4.4 	(16) the current address of a recipient of general assistance or general assistance 
4.5 	medical care may be disclosed to probation officers and corrections agents who are 
4.6 	supervising the recipient and to law enforcement officers who are investigating the 
4.7 	recipient in connection with a felony level offense;
4.8 	(17) information obtained from food support applicant or recipient households may 
4.9 	be disclosed to local, state, or federal law enforcement officials, upon their written request, 
4.10 	for the purpose of investigating an alleged violation of the Food Stamp Act, according 
4.11 	to Code of Federal Regulations, title 7, section 272.1 (c);
4.12 	(18) the address, Social Security number, and, if available, photograph of any 
4.13 	member of a household receiving food support shall be made available, on request, to a 
4.14 	local, state, or federal law enforcement officer if the officer furnishes the agency with the 
4.15 	name of the member and notifies the agency that:
4.16 	(i) the member:
4.17 	(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a 
4.18 	crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
4.19 	(B) is violating a condition of probation or parole imposed under state or federal 
4.20 	law; or
4.21 	(C) has information that is necessary for the officer to conduct an official duty related 
4.22 	to conduct described in subitem (A) or (B);
4.23 	(ii) locating or apprehending the member is within the officer's official duties; and
4.24 	(iii) the request is made in writing and in the proper exercise of the officer's official 
4.25 	duty;
4.26 	(19) the current address of a recipient of Minnesota family investment program, 
4.27 	general assistance, general assistance medical care, or food support may be disclosed to 
4.28 	law enforcement officers who, in writing, provide the name of the recipient and notify the 
4.29 	agency that the recipient is a person required to register under section 243.166, but is not 
4.30 	residing at the address at which the recipient is registered under section 243.166;
4.31 	(20) certain information regarding child support obligors who are in arrears may be 
4.32 	made public according to section 518A.74;
4.33 	(21) data on child support payments made by a child support obligor and data on 
4.34 	the distribution of those payments excluding identifying information on obligees may be 
4.35 	disclosed to all obligees to whom the obligor owes support, and data on the enforcement 
5.1 	actions undertaken by the public authority, the status of those actions, and data on the 
5.2 	income of the obligor or obligee may be disclosed to the other party;
5.3 	(22) data in the work reporting system may be disclosed under section 256.998, 
5.4 	subdivision 7;
5.5 	(23) to the Department of Education for the purpose of matching Department of 
5.6 	Education student data with public assistance data to determine students eligible for free 
5.7 	and reduced-price meals, meal supplements, and free milk according to United States 
5.8 	Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and 
5.9 	state funds that are distributed based on income of the student's family; and to verify 
5.10 	receipt of energy assistance for the telephone assistance plan;
5.11 	(24) the current address and telephone number of program recipients and emergency 
5.12 	contacts may be released to the commissioner of health or a local board of health as 
5.13 	defined in section 145A.02, subdivision 2, when the commissioner or local board of health 
5.14 	has reason to believe that a program recipient is a disease case, carrier, suspect case, or at 
5.15 	risk of illness, and the data are necessary to locate the person;
5.16 	(25) to other state agencies, statewide systems, and political subdivisions of this 
5.17 	state, including the attorney general, and agencies of other states, interstate information 
5.18 	networks, federal agencies, and other entities as required by federal regulation or law for 
5.19 	the administration of the child support enforcement program;
5.20 	(26) to personnel of public assistance programs as defined in section 256.741, for 
5.21 	access to the child support system database for the purpose of administration, including 
5.22 	monitoring and evaluation of those public assistance programs;
5.23 	(27) to monitor and evaluate the Minnesota family investment program by 
5.24 	exchanging data between the Departments of Human Services and Education, on 
5.25 	recipients and former recipients of food support, cash assistance under chapter 256, 256D, 
5.26 	256J, or 256K, child care assistance under chapter 119B, or medical programs under 
5.27 	chapter 256B, 256D, or 256L;
5.28 	(28) to evaluate child support program performance and to identify and prevent 
5.29 	fraud in the child support program by exchanging data between the Department of Human 
5.30 	Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a) 
5.31 	and (b), without regard to the limitation of use in paragraph (c), Department of Health, 
5.32 	Department of Employment and Economic Development, and other state agencies as is 
5.33 	reasonably necessary to perform these functions;
5.34 	(29) counties operating child care assistance programs under chapter 119B may 
5.35 	disseminate data on program participants, applicants, and providers to the commissioner 
5.36 	of education; or
6.1 	(30) child support data on the parents and the child may be disclosed to agencies 
6.2 	administering programs under titles IV-B and IV-E of the Social Security Act, as provided 
6.3 	by federal law. Data may be disclosed only to the extent necessary for the purpose of 
6.4 	establishing parentage or for determining who has or may have parental rights with respect 
6.5 	to a child, which could be related to permanency planning.
6.6 	(b) Information on persons who have been treated for drug or alcohol abuse may 
6.7 	only be disclosed according to the requirements of Code of Federal Regulations, title 
6.8 	42, sections 2.1 to 2.67.
6.9 	(c) Data provided to law enforcement agencies under paragraph (a), clause (15), 
6.10 	(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected 
6.11 	nonpublic while the investigation is active. The data are private after the investigation 
6.12 	becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).
6.13 	(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is 
6.14 	not subject to the access provisions of subdivision 10, paragraph (b).
6.15 	For the purposes of this subdivision, a request will be deemed to be made in writing 
6.16 	if made through a computer interface system.

6.17 	Sec. 2. Minnesota Statutes 2010, section 13.461, subdivision 17, is amended to read:
6.18 		Subd. 17.Maltreatment review panels. Data of the vulnerable adult maltreatment 
6.19 	review panel or the child maltreatment review panel are classified under section 256.021
6.20 	or 256.022.

6.21 	Sec. 3. Minnesota Statutes 2010, section 13.465, is amended by adding a subdivision 
6.22 	to read:
6.23 		Subd. 5a.Adoptive parent. Certain data that may be disclosed to a prospective 
6.24 	adoptive parent is governed by section 260C.613, subdivision 2.

6.25 	Sec. 4. Minnesota Statutes 2010, section 145.902, subdivision 1, is amended to read:
6.26 		Subdivision 1.General. (a) For purposes of this section, a "safe place" means a 
6.27 	hospital licensed under sections 144.50 to 144.56, health care provider that provides 
6.28 	access to urgent care services, or 911 responder.
6.29 	(b) A hospital licensed under sections 144.50 to 144.56safe place shall receive a 
6.30 	newborn left with a hospital an employee on the hospital premises of the safe place, 
6.31 	provided that:
6.32 	(1) the newborn was born within 72 hours seven days of being left at the hospital
6.33 	safe place, as determined within a reasonable degree of medical certainty; and
7.1 	(2) the newborn is left in an unharmed condition.
7.2 	(b)(c) During its hours of operation, the hospitalsafe place must not inquire as to 
7.3 	the identity of the mother or the person leaving the newborn or call the police, provided 
7.4 	the newborn is unharmed when presented to the hospital. The hospital safe place may 
7.5 	ask the mother or the person leaving the newborn about the medical history of the mother 
7.6 	or newborn but the mother or the person leaving the newborn is not required to provide 
7.7 	any information. During its hours of operation, the hospital safe place may provide the 
7.8 	mother or the person leaving the newborn with information about how to contact relevant 
7.9 	social service agencies. A safe place which is not a hospital shall dial 911, advise the 911 
7.10 	dispatcher that the call is being made from a safe place for newborns, and ask the dispatcher 
7.11 	to send an ambulance or take any other appropriate action to transport the newborn to a 
7.12 	hospital which shall receive the newborn and perform the duties in subdivision 2.

7.13 	Sec. 5. Minnesota Statutes 2010, section 145.902, subdivision 2, is amended to read:
7.14 		Subd. 2.Reporting. Within 24 hours of receiving a newborn under this section, the 
7.15 	hospital must inform the local welfare agency that a newborn has been left at or brought 
7.16 	to the hospital, but must not do so before the mother or the person leaving the newborn 
7.17 	leaves the hospital.

7.18 	Sec. 6. Minnesota Statutes 2010, section 145.902, subdivision 3, is amended to read:
7.19 		Subd. 3.Immunity. (a) A hospital safe place with responsibility for performing 
7.20 	duties under this section, and any employee, doctor, or other medical professional working 
7.21 	at the hospital safe place, are immune from any criminal liability that otherwise might 
7.22 	result from their actions, if they are acting in good faith in receiving a newborn, and 
7.23 	are immune from any civil liability that otherwise might result from merely receiving a 
7.24 	newborn.
7.25 	(b) A hospital safe place performing duties under this section, or an employee, 
7.26 	doctor, or other medical professional working at the hospital safe place who is a mandated 
7.27 	reporter under section 626.556, is immune from any criminal or civil liability that 
7.28 	otherwise might result from the failure to make a report under that section if the person is 
7.29 	acting in good faith in complying with this section.

7.30 	Sec. 7. Minnesota Statutes 2010, section 256.998, subdivision 1, is amended to read:
7.31 		Subdivision 1.Definitions. (a) The definitions in this subdivision apply to this 
7.32 	section.
8.1 	(b) "Date of hiring" means the earlier of: (1) the first day for which an employee is 
8.2 	owed compensation by an employer; or (2) the first day that an employee reports to work 
8.3 	or performs labor or services for an employer.
8.4 	(c) "Earnings" means payment owed by an employer for labor or services rendered 
8.5 	by an employee.
8.6 	(d) "Employee" means a person who resides or works in Minnesota, performs 
8.7 	services for compensation, in whatever form, for an employer and satisfies the criteria of 
8.8 	an employee under chapter 24 of the Internal Revenue Code. Employee does not include:
8.9 	(1) persons hired for domestic service in the private home of the employer, as 
8.10 	defined in the Federal Tax Code; or
8.11 	(2) an employee of the federal or state agency performing intelligence or 
8.12 	counterintelligence functions, if the head of such agency has determined that reporting 
8.13 	according to this law would endanger the safety of the employee or compromise an 
8.14 	ongoing investigation or intelligence mission.
8.15 	(e) "Employer" means a person or entity located or doing business in this state that 
8.16 	employs one or more employees for payment, and satisfies the criteria of an employer 
8.17 	under chapter 24 of the Internal Revenue Code. Employer includes a labor organization as 
8.18 	defined in paragraph (g). Employer also includes the state, political or other governmental 
8.19 	subdivisions of the state, and the federal government.
8.20 	(f) "Hiring" means engaging a person to perform services for compensation and 
8.21 	includes the reemploying or return to work of any previous employee who was laid off, 
8.22 	furloughed, separated, granted a leave without pay, or terminated from employment when 
8.23 	a period of 90 60 days elapses from the date of layoff, furlough, separation, leave, or 
8.24 	termination to the date of the person's return to work.
8.25 	(g) "Labor organization" means entities located or doing business in this state that 
8.26 	meet the criteria of labor organization under section 2(5) of the National Labor Relations 
8.27 	Act. This includes any entity, that may also be known as a hiring hall, used to carry out 
8.28 	requirements described in chapter 7 of the National Labor Relations Act.
8.29 	(h) "Payor" means a person or entity located or doing business in Minnesota who 
8.30 	pays money to an independent contractor according to an agreement for the performance 
8.31 	of services.

8.32 	Sec. 8. Minnesota Statutes 2010, section 256.998, subdivision 5, is amended to read:
8.33 		Subd. 5.Report contents. Reports required under this section must contain: all 
8.34 	the information required by federal law.
9.1 	(1) the employee's name, address, Social Security number, and date of birth when 
9.2 	available, which can be handwritten or otherwise added to the W-4 form, W-9 form, or 
9.3 	other document submitted; and
9.4 	(2) the employer's name, address, and federal identification number.

9.5 	Sec. 9. Minnesota Statutes 2010, section 256J.24, subdivision 5, is amended to read:
9.6 		Subd. 5.MFIP transitional standard. The MFIP transitional standard is based 
9.7 	on the number of persons in the assistance unit eligible for both food and cash assistance 
9.8 	unless the restrictions in subdivision 6 on the birth of a child apply. The following table 
9.9 	represents the transitional standards including a breakdown of the cash and food portions 
9.10 	effective October 1, 2009.

9.11	Number of Eligible People
	Transitional Standard
	Cash Portion
	Food Portion

9.12	1
	$428:
	$250
	$178
		
9.13	2
	$764:
	$437
	$327
		
9.14	3
	$1,005:
	$532
	$473
		
9.15	4
	 $1,222:
	$621
	$601
		
9.16	5
	 $1,399:
	$697
	$702
		
9.17	6
	 $1,608:
	$773
	$835
		
9.18	7
	 $1,754:
	$850
	$904
		
9.19	8
	 $1,940:
	$916
	$1,024
		
9.20	9
	 $2,125:
	$980
	$1,145
		
9.21	10
	 $2,304:
	$1,035
	$1,269
		
9.22	over 10
	add  $178:
	$53
	$125
		
9.23	per additional member.
				
9.24 	The amount of the transitional standard is published annually by the Department of 
9.25 	Human Services.

9.26 	Sec. 10. Minnesota Statutes 2010, section 259.22, subdivision 2, is amended to read:
9.27 		Subd. 2.Persons who may be adopted. No petition for adoption shall be filed 
9.28 	unless the person sought to be adopted has been placed by the commissioner of human 
9.29 	services, the commissioner's agent, or a licensed child-placing agency. The provisions of 
9.30 	this subdivision shall not apply if:
9.31 	(1) the person to be adopted is over 14 years of age;
9.32 	(2) the child is sought to be adopted by an individual who is related to the child, as 
9.33 	defined by section 245A.02, subdivision 13;
9.34 	(3) the child has been lawfully placed under the laws of another state while the child 
9.35 	and petitioner resided in that other state;
10.1 	(4) the court waives the requirement of this subdivision in the best interests of the 
10.2 	child or petitioners, provided that the adoption does not involve a placement as defined in 
10.3 	section 259.21, subdivision 8; or
10.4 	(5) the child has been lawfully placed under section 259.47.

10.5 	Sec. 11. Minnesota Statutes 2010, section 259.23, subdivision 1, is amended to read:
10.6 		Subdivision 1.Venue. (a) Except as provided in section 260C.101, subdivision 2,
10.7 	The juvenile court shall have original jurisdiction in all adoption proceedings. The proper 
10.8 	venue for an adoption proceeding shall be the county of the petitioner's residence, except 
10.9 	as provided in paragraph (b) section 260C.621, subdivision 2, for the adoption of children 
10.10 	under the guardianship of the commissioner.
10.11 	(b) Venue for the adoption of a child committed to the guardianship of the 
10.12 	commissioner of human services shall be the county with jurisdiction in the matter 
10.13 	according to section 260C.317, subdivision 3.
10.14 	(c) Upon request of the petitioner, the court having jurisdiction over the matter under 
10.15 	section 260C.317, subdivision 3, may transfer venue of an adoption proceeding involving 
10.16 	a child under the guardianship of the commissioner to the county of the petitioner's 
10.17 	residence upon determining that:
10.18 	(1) the commissioner has given consent to the petitioner's adoption of the child 
10.19 	or that consent is unreasonably withheld;
10.20 	(2) there is no other adoption petition for the child that has been filed or is reasonably 
10.21 	anticipated by the commissioner or the commissioner's delegate to be filed; and
10.22 	(3) transfer of venue is in the best interests of the child.
10.23 	Transfer of venue under this paragraph shall be according to the rules of adoption court 
10.24 	procedure.
10.25 	(d) (b) In all other adoptions under this chapter, if the petitioner has acquired a new 
10.26 	residence in another county and requests a transfer of the adoption proceeding, the court in 
10.27 	which an adoption is initiated may transfer the proceeding to the appropriate court in the 
10.28 	new county of residence if the transfer is in the best interests of the person to be adopted. 
10.29 	The court transfers the proceeding by ordering a continuance and by forwarding to the 
10.30 	court administrator of the appropriate court a certified copy of all papers filed, together 
10.31 	with an order of transfer. The transferring court also shall forward copies of the order 
10.32 	of transfer to the commissioner of human services and any agency participating in the 
10.33 	proceedings. The judge of the receiving court shall accept the order of the transfer and any 
10.34 	other documents transmitted and hear the case; provided, however, the receiving court 
10.35 	may in its discretion require the filing of a new petition prior to the hearing.

11.1 	Sec. 12. Minnesota Statutes 2010, section 259.24, subdivision 1, is amended to read:
11.2 		Subdivision 1.Exceptions. (a) No child shall be adopted without the consent of the 
11.3 	child's parents and the child's guardian, if there be one, except in the following instances
11.4 	consent is not required of a parent:
11.5 	(a) Consent shall not be required of a parent(1) who is not entitled to notice of the 
11.6 	proceedings.;
11.7 	(b) Consent shall not be required of a parent(2) who has abandoned the child, or 
11.8 	of a parent who has lost custody of the child through a divorce decree or a decree of 
11.9 	dissolution, and upon whom notice has been served as required by section 259.49.; or
11.10 	(c) Consent shall not be required of a parent (3) whose parental rights to the child 
11.11 	have been terminated by a juvenile court or who has lost custody of a child through a final 
11.12 	commitment of the juvenile court or through a decree in a prior adoption proceeding.
11.13 	(d) If there be no parent or guardian qualified to consent to the adoption, the 
11.14 	consent shall be given by the commissioner. After the court accepts a parent's consent 
11.15 	to the adoption under section 260C.201, subdivision 11, consent by the commissioner 
11.16 	or commissioner's delegate is also necessary. Agreement to the identified prospective 
11.17 	adoptive parent by the responsible social services agency under section 260C.201, 
11.18 	subdivision 11, does not constitute the required consent.
11.19 	(e) (b) If there is no parent or guardian qualified to consent to the adoption, the 
11.20 	commissioner or agency having authority to place a child for adoption pursuant to section 
11.21 	259.25, subdivision 1, shall have the exclusive right to consent to the adoption of such the
11.22 	child. The commissioner or agency shall make every effort to place siblings together for 
11.23 	adoption. Notwithstanding any rule to the contrary, the commissioner may delegate the 
11.24 	right to consent to the adoption or separation of siblings, if it is in the child's best interest, 
11.25 	to a local social services agency.

11.26 	Sec. 13. Minnesota Statutes 2010, section 259.24, subdivision 3, is amended to read:
11.27 		Subd. 3.Child. When the child to be adopted is over 14 years of age, the child's 
11.28 	written consent to adoption by a particular person is also necessary. A child of any age 
11.29 	who is under the guardianship of the commissioner and is legally available for adoption 
11.30 	may not refuse or waive the commissioner's agent's exhaustive efforts to recruit, identify, 
11.31 	and place the child in an adoptive home required under section 260C.317, subdivision 
11.32 	3, paragraph (b), or sign a document relieving county social services agencies of all 
11.33 	recruitment efforts on the child's behalf.

11.34 	Sec. 14. Minnesota Statutes 2010, section 259.24, subdivision 5, is amended to read:
12.1 		Subd. 5.Execution. All consents to an adoption shall be in writing, executed 
12.2 	before two competent witnesses, and acknowledged by the consenting party. In addition, 
12.3 	all consents to an adoption, except those by the commissioner, the commissioner's agent, 
12.4 	a licensed child-placing agency, an adult adoptee, or the child's parent in a petition for 
12.5 	adoption by a stepparent, shall be executed before a representative of the commissioner, 
12.6 	the commissioner's agent, or a licensed child-placing agency. All consents by a parent
12.7 	to adoption under this chapter:
12.8 	(1) shall contain notice to the parent of the substance of subdivision 6a, providing 
12.9 	for the right to withdraw consent unless the parent will not have the right to withdraw 
12.10 	consent because consent was executed under section 260C.201, subdivision 11, following 
12.11 	proper notice that consent given under that provision is irrevocable upon acceptance by 
12.12 	the court as provided in subdivision 6a; and
12.13 	(2) shall contain the following written notice in all capital letters at least one-eighth 
12.14 	inch high:
12.15 	"This The agency responsible for supervising the adoptive placement of the child
12.16 	will submit your consent to adoption to the court. If you are consenting to adoption by 
12.17 	the child's stepparent, the consent will be submitted to the court by the petitioner in your 
12.18 	child's adoption. The consent itself does not terminate your parental rights. Parental rights 
12.19 	to a child may be terminated only by an adoption decree or by a court order terminating 
12.20 	parental rights. Unless the child is adopted or your parental rights are terminated, you 
12.21 	may be asked to support the child."
12.22 	Consents shall be filed in the adoption proceedings at any time before the matter 
12.23 	is heard provided, however, that a consent executed and acknowledged outside of this 
12.24 	state, either in accordance with the law of this state or in accordance with the law of the 
12.25 	place where executed, is valid.

12.26 	Sec. 15. Minnesota Statutes 2010, section 259.24, subdivision 6a, is amended to read:
12.27 		Subd. 6a.Withdrawal of consent. Except for consents executed under section 
12.28 	260C.201, subdivision 11, A parent's consent to adoption under this chapter may be 
12.29 	withdrawn for any reason within ten working days after the consent is executed and 
12.30 	acknowledged. No later than the tenth working day after the consent is executed and 
12.31 	acknowledged, written notification of withdrawal of consent must be received by: (1)
12.32 	the agency to which the child was surrendered no later than the tenth working day after 
12.33 	the consent is executed and acknowledged; (2) the agency supervising the adoptive 
12.34 	placement of the child; or (3) in the case of adoption by the step parent or any adoption 
12.35 	not involving agency placement or supervision, by the district court where the adopting 
13.1 	stepparent or parent resides. On the day following the tenth working day after execution 
13.2 	and acknowledgment, the consent shall become irrevocable, except upon order of a court 
13.3 	of competent jurisdiction after written findings that consent was obtained by fraud. A 
13.4 	consent to adopt executed under section 260C.201, subdivision 11, is irrevocable upon 
13.5 	proper notice to both parents of the effect of a consent to adopt and acceptance by the 
13.6 	court, except upon order of the same court after written findings that the consent was 
13.7 	obtained by fraud. In proceedings to determine the existence of fraud, the adoptive parents 
13.8 	and the child shall be made parties. The proceedings shall be conducted to preserve the 
13.9 	confidentiality of the adoption process. There shall be no presumption in the proceedings 
13.10 	favoring the birth parents over the adoptive parents.

13.11 	Sec. 16. Minnesota Statutes 2010, section 259.24, subdivision 7, is amended to read:
13.12 		Subd. 7.Withholding consent; reason. Consent to an adoption shall not be 
13.13 	unreasonably withheld by a guardian, who is not a parent of the child, by the commissioner
13.14 	or by an agency.

13.15 	Sec. 17. Minnesota Statutes 2010, section 259.29, subdivision 2, is amended to read:
13.16 		Subd. 2.Placement with relative or friend. The authorized child-placing agency 
13.17 	shall consider placement, consistent with the child's best interests and in the following 
13.18 	order, with (1) a relative or relatives of the child, or (2) an important friend with whom the 
13.19 	child has resided or had significant contact. In implementing this section, an authorized 
13.20 	child-placing agency may disclose private or confidential data, as defined in section 13.02, 
13.21 	to relatives of the child for the purpose of locating a suitable adoptive home. The agency 
13.22 	shall disclose only data that is necessary to facilitate implementing the preference.
13.23 	If the child's birth parent or parents explicitly request that placement with relatives a 
13.24 	specific relative or important friends friend not be considered, the authorized child-placing 
13.25 	agency shall honor that request if it is consistent with the best interests of the child and 
13.26 	consistent with the requirements of sections 260C.212, subdivision 2, and 260C.221.
13.27 	If the child's birth parent or parents express a preference for placing the child in an 
13.28 	adoptive home of the same or a similar religious background to that of the birth parent 
13.29 	or parents, the agency shall place the child with a family that meets the birth parent's 
13.30 	religious preference.
13.31 	This subdivision does not affect the Indian Child Welfare Act, United States 
13.32 	Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 
13.33 	Act, sections 260.751 to 260.835.

14.1 	Sec. 18. Minnesota Statutes 2010, section 260.771, subdivision 3, is amended to read:
14.2 		Subd. 3.Transfer of proceedings. In a proceeding for (1) the termination of 
14.3 	parental rights or, (2) the involuntary foster care placement of an Indian child not within 
14.4 	the jurisdiction of subdivision 1, or (3) the preadoptive placement or adoptive placement 
14.5 	of an Indian child not within the jurisdiction of subdivision 1, the court, in the absence of 
14.6 	good cause to the contrary, shall transfer the proceeding to the jurisdiction of the tribe 
14.7 	absent objection by either parent, upon the petition of either parent or the Indian custodian 
14.8 	or the Indian child's tribe. The transfer shall be subject to declination by the tribal court 
14.9 	of such tribe. For purposes of this subdivision, "preadoptive placement" and "adoptive 
14.10 	placement" have the meanings given in section 260.755, subdivision 3.

14.11 	Sec. 19. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:
14.12 		Subd. 3.Best interest of the child in foster care or residential care. (a) The 
14.13 	policy of the state is to ensure that the best interests of children in foster or residential care 
14.14 	are met by requiring individualized determinations under section 260C.212, subdivision 2, 
14.15 	paragraph (b), of the needs of the child and of how the selected placement will serve the 
14.16 	needs of the child in foster care placements.
14.17 	(b) The court shall review whether the responsible social services agency made 
14.18 	efforts as required under section 260C.212, subdivision 5 260C.221, and made an 
14.19 	individualized determination as required under section 260C.212, subdivision 2. If 
14.20 	the court finds the agency has not made efforts as required under section 260C.212, 
14.21 	subdivision 5 260C.221, and there is a relative who qualifies to be licensed to provide 
14.22 	family foster care under chapter 245A, the court may order the child placed with the 
14.23 	relative consistent with the child's best interests.
14.24 	(c) If the child's birth parent or parents explicitly request that a relative or important 
14.25 	friend not be considered, the court shall honor that request if it is consistent with the 
14.26 	best interests of the child and consistent with the requirements of section 260C.221. If 
14.27 	the child's birth parent or parents express a preference for placing the child in a foster or 
14.28 	adoptive home of the same or a similar religious background to that of the birth parent 
14.29 	or parents, the court shall order placement of the child with an individual who meets the 
14.30 	birth parent's religious preference.
14.31 	(d) Placement of a child cannot be delayed or denied based on race, color, or national 
14.32 	origin of the foster parent or the child.
14.33 	(e) Whenever possible, siblings requiring foster care placement should be placed 
14.34 	together unless it is determined not to be in the best interests of a sibling after weighing 
14.35 	the benefits of separate placement against the benefits of sibling connections for each 
15.1 	sibling. If siblings are not placed together according to section 260C.212, subdivision 2, 
15.2 	paragraph (d), the responsible social services agency shall report to the court the efforts 
15.3 	made to place the siblings together and why the efforts were not successful. If the court is 
15.4 	not satisfied with the agency's efforts to place siblings together, the court may order the 
15.5 	agency to make further efforts. If siblings are not placed together the court shall review 
15.6 	the responsible social services agency's plan for visitation among siblings required as part 
15.7 	of the out-of-home placement plan under section 260C.212.
15.8 	(f) This subdivision does not affect the Indian Child Welfare Act, United States 
15.9 	Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 
15.10 	Act, sections 260.751 to 260.835.

15.11 	Sec. 20. Minnesota Statutes 2010, section 260C.201, subdivision 11a, is amended to 
15.12 	read:
15.13 		Subd. 11a.Permanency progress review for children under eight in foster care 
15.14 	for six months. (a) If the child was under eight years of age at the time the petition 
15.15 	was filed alleging the child was in need of protection or services, and the When a child 
15.16 	continues in placement out of the home of the parent or guardian from whom the child 
15.17 	was removed, no later than six months after the child's placement the court shall conduct a 
15.18 	permanency progress hearing to review:
15.19 	(1) the progress of the case, the parent's progress on the case plan or out-of-home 
15.20 	placement plan, and whichever is applicable;
15.21 	(2) the agency's reasonable, or in the case of an Indian child, active efforts for 
15.22 	reunification and its provision of services.; 
15.23 	(3) the agency's reasonable efforts to finalize the permanent plan for the child 
15.24 	under section 260.012, paragraph (e), and to make a placement as required under section 
15.25 	260C.212, subdivision 2, in a home that will commit to being the legally permanent 
15.26 	family for the child in the event the child cannot return home according to the timelines 
15.27 	in this section; and
15.28 	(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian 
15.29 	family and to make a placement according to the placement preferences under United 
15.30 	States Code, title 25, chapter 21, section 1915.
15.31 	(b) Based on its assessment of the parent's or guardian's progress on the out-of-home 
15.32 	placement plan, the responsible social services agency must ask the county attorney to file 
15.33 	a petition for termination of parental rights, a petition for transfer of permanent legal and 
15.34 	physical custody to a relative, or the report required under juvenile court rules.
15.35 	(b) The court shall ensure that notice of the hearing is sent to any relative who:
16.1 	(1) responded to the agency's notice provided under section 260C.221, indicating an 
16.2 	interest in participating in planning for the child or being a permanency resource for the 
16.3 	child and who has kept the court apprised of the relative's address; or 
16.4 	(2) asked to be notified of court proceedings regarding the child as is permitted in 
16.5 	section 260C.152, subdivision 5.
16.6 	(c)(1) If the parent or guardian has maintained contact with the child and is 
16.7 	complying with the court-ordered out-of-home placement plan, and if the child would 
16.8 	benefit from reunification with the parent, the court may either:
16.9 	(i) return the child home, if the conditions which led to the out-of-home placement 
16.10 	have been sufficiently mitigated that it is safe and in the child's best interests to return 
16.11 	home; or
16.12 	(ii) continue the matter up to a total of six additional months. If the child has not 
16.13 	returned home by the end of the additional six months, the court must conduct a hearing 
16.14 	according to subdivision 11.
16.15 	(2) If the court determines that the parent or guardian is not complying with the 
16.16 	out-of-home placement plan or is not maintaining regular contact with the child as outlined 
16.17 	in the visitation plan required as part of the out-of-home placement plan under section 
16.18 	260C.212, the court may order the responsible social services agency:
16.19 	(i) to develop a plan for legally permanent placement of the child away from the 
16.20 	parent and;
16.21 	(ii) to consider, identify, recruit, and support one or more permanency resources 
16.22 	from the child's relatives and foster parent to be the legally permanent home in the event 
16.23 	the child cannot be returned to the parent. Any relative or the child's foster parent may 
16.24 	ask the court to order the agency to consider them for permanent placement of the child 
16.25 	in the event the child cannot be returned to the parent. A relative or foster parent who 
16.26 	wants to be considered under this item shall cooperate with the background study required 
16.27 	under section 245C.08, if the individual has not already done so, and with the home study 
16.28 	process required under chapter 245A for providing child foster care and for adoption 
16.29 	under section 259.41. The home study referred to in this item shall be a single-home study 
16.30 	in the form required by the commissioner of human services or similar study required 
16.31 	by the individual's state of residence when the subject of the study is not a resident of 
16.32 	Minnesota. The court may order the responsible social services agency to make a referral 
16.33 	under the Interstate Compact on the Placement of Children when necessary to obtain a 
16.34 	home study for an individual who wants to be considered for transfer of permanent legal 
16.35 	and physical custody or adoption of the child; and
16.36 	(iii) to file a petition to support an order for the legally permanent placement plan.
17.1 	(d) Following the review under paragraphs (b) and (c) this subdivision:
17.2 	(1) if the court has either returned the child home or continued the matter up to a 
17.3 	total of six additional months, the agency shall continue to provide services to support the 
17.4 	child's return home or to make reasonable efforts to achieve reunification of the child and 
17.5 	the parent as ordered by the court under an approved case plan;
17.6 	(2) if the court orders the agency to develop a plan for the transfer of permanent 
17.7 	legal and physical custody of the child to a relative, a petition supporting the plan shall be 
17.8 	filed in juvenile court within 30 days of the hearing required under this subdivision and a 
17.9 	trial on the petition held within 30 60 days of the filing of the pleadings; or
17.10 	(3) if the court orders the agency to file a termination of parental rights, unless the 
17.11 	county attorney can show cause why a termination of parental rights petition should not be 
17.12 	filed, a petition for termination of parental rights shall be filed in juvenile court within 
17.13 	30 days of the hearing required under this subdivision and a trial on the petition held 
17.14 	within 90 60 days of the filing of the petition.

17.15 	Sec. 21. Minnesota Statutes 2010, section 260C.212, subdivision 1, is amended to read:
17.16 		Subdivision 1.Out-of-home placement; plan. (a) An out-of-home placement plan 
17.17 	shall be prepared within 30 days after any child is placed in foster care by court order or a 
17.18 	voluntary placement agreement between the responsible social services agency and the 
17.19 	child's parent pursuant to subdivision 8 or chapter 260D.
17.20 	(b) An out-of-home placement plan means a written document which is prepared by 
17.21 	the responsible social services agency jointly with the parent or parents or guardian of the 
17.22 	child and in consultation with the child's guardian ad litem, the child's tribe, if the child 
17.23 	is an Indian child, the child's foster parent or representative of the residential foster care
17.24 	facility, and, where appropriate, the child. For a child in voluntary foster care for treatment 
17.25 	under chapter 260D, preparation of the out-of-home placement plan shall additionally 
17.26 	include the child's mental health treatment provider. As appropriate, the plan shall be:
17.27 	(1) submitted to the court for approval under section 260C.178, subdivision 7;
17.28 	(2) ordered by the court, either as presented or modified after hearing, under section 
17.29 	260C.178, subdivision 7, or 260C.201, subdivision 6; and
17.30 	(3) signed by the parent or parents or guardian of the child, the child's guardian ad 
17.31 	litem, a representative of the child's tribe, the responsible social services agency, and, if 
17.32 	possible, the child.
17.33 	(c) The out-of-home placement plan shall be explained to all persons involved in its 
17.34 	implementation, including the child who has signed the plan, and shall set forth:
18.1 	(1) a description of the residential facility foster care home or facility selected
18.2 	including how the out-of-home placement plan is designed to achieve a safe placement 
18.3 	for the child in the least restrictive, most family-like, setting available which is in close 
18.4 	proximity to the home of the parent or parents or guardian of the child when the case plan 
18.5 	goal is reunification, and how the placement is consistent with the best interests and 
18.6 	special needs of the child according to the factors under subdivision 2, paragraph (b);
18.7 	(2) the specific reasons for the placement of the child in a residential facility foster 
18.8 	care, and when reunification is the plan, a description of the problems or conditions in the 
18.9 	home of the parent or parents which necessitated removal of the child from home and the 
18.10 	changes the parent or parents must make in order for the child to safely return home;
18.11 	(3) a description of the services offered and provided to prevent removal of the child 
18.12 	from the home and to reunify the family including:
18.13 	(i) the specific actions to be taken by the parent or parents of the child to eliminate 
18.14 	or correct the problems or conditions identified in clause (2), and the time period during 
18.15 	which the actions are to be taken; and
18.16 	(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made 
18.17 	to achieve a safe and stable home for the child including social and other supportive 
18.18 	services to be provided or offered to the parent or parents or guardian of the child, the 
18.19 	child, and the residential facility during the period the child is in the residential facility;
18.20 	(4) a description of any services or resources that were requested by the child or the 
18.21 	child's parent, guardian, foster parent, or custodian since the date of the child's placement 
18.22 	in the residential facility, and whether those services or resources were provided and if 
18.23 	not, the basis for the denial of the services or resources;
18.24 	(5) the visitation plan for the parent or parents or guardian, other relatives as defined 
18.25 	in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed 
18.26 	together in foster care, and whether visitation is consistent with the best interest of the 
18.27 	child, during the period the child is in foster care;
18.28 	(6) documentation of steps to finalize the adoption or legal guardianship of the child 
18.29 	if the court has issued an order terminating the rights of both parents of the child or of the 
18.30 	only known, living parent of the child. At a minimum, the documentation must include 
18.31 	child-specific recruitment efforts such as relative search and the use of state, regional, and 
18.32 	national adoption exchanges to facilitate orderly and timely placements in and outside 
18.33 	of the state. A copy of this documentation shall be provided to the court in the review 
18.34 	required under section 260C.317, subdivision 3, paragraph (b);
18.35 	(7) efforts to ensure the child's educational stability while in foster care, including:
19.1 	(i) efforts to ensure that the child in placement remains in the same school in which 
19.2 	the child was enrolled prior to placement or upon the child's move from one placement 
19.3 	to another, including efforts to work with the local education authorities to ensure the 
19.4 	child's educational stability; or
19.5 	(ii) if it is not in the child's best interest to remain in the same school that the child 
19.6 	was enrolled in prior to placement or move from one placement to another, efforts to 
19.7 	ensure immediate and appropriate enrollment for the child in a new school;
19.8 	(8) the educational records of the child including the most recent information 
19.9 	available regarding:
19.10 	(i) the names and addresses of the child's educational providers;
19.11 	(ii) the child's grade level performance;
19.12 	(iii) the child's school record;
19.13 	(iv) a statement about how the child's placement in foster care takes into account 
19.14 	proximity to the school in which the child is enrolled at the time of placement; and
19.15 	(v) any other relevant educational information;
19.16 	(9) the efforts by the local agency to ensure the oversight and continuity of health 
19.17 	care services for the foster child, including:
19.18 	(i) the plan to schedule the child's initial health screens;
19.19 	(ii) how the child's known medical problems and identified needs from the screens, 
19.20 	including any known communicable diseases, as defined in section 144.4172, subdivision 
19.21 	2, will be monitored and treated while the child is in foster care;
19.22 	(iii) how the child's medical information will be updated and shared, including 
19.23 	the child's immunizations;
19.24 	(iv) who is responsible to coordinate and respond to the child's health care needs, 
19.25 	including the role of the parent, the agency, and the foster parent;
19.26 	(v) who is responsible for oversight of the child's prescription medications;
19.27 	(vi) how physicians or other appropriate medical and nonmedical professionals 
19.28 	will be consulted and involved in assessing the health and well-being of the child and 
19.29 	determine the appropriate medical treatment for the child; and
19.30 	(vii) the responsibility to ensure that the child has access to medical care through 
19.31 	either medical insurance or medical assistance;
19.32 	(10) the health records of the child including information available regarding:
19.33 	(i) the names and addresses of the child's health care and dental care providers;
19.34 	(ii) a record of the child's immunizations;
19.35 	(iii) the child's known medical problems, including any known communicable 
19.36 	diseases as defined in section 144.4172, subdivision 2;
20.1 	(iv) the child's medications; and
20.2 	(v) any other relevant health care information such as the child's eligibility for 
20.3 	medical insurance or medical assistance;
20.4 	(11) an independent living plan for a child age 16 or older who is in placement as 
20.5 	a result of a permanency disposition. The plan should include, but not be limited to, 
20.6 	the following objectives:
20.7 	(i) educational, vocational, or employment planning;
20.8 	(ii) health care planning and medical coverage;
20.9 	(iii) transportation including, where appropriate, assisting the child in obtaining a 
20.10 	driver's license;
20.11 	(iv) money management, including the responsibility of the agency to ensure that 
20.12 	the youth annually receives, at no cost to the youth, a consumer report as defined under 
20.13 	section 13C.001 and assistance in interpreting and resolving any inaccuracies in the report;
20.14 	(v) planning for housing;
20.15 	(vi) social and recreational skills; and
20.16 	(vii) establishing and maintaining connections with the child's family and 
20.17 	community; and
20.18 	(12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic 
20.19 	and assessment information, specific services relating to meeting the mental health care 
20.20 	needs of the child, and treatment outcomes.
20.21 	(d) The parent or parents or guardian and the child each shall have the right to legal 
20.22 	counsel in the preparation of the case plan and shall be informed of the right at the time 
20.23 	of placement of the child. The child shall also have the right to a guardian ad litem. 
20.24 	If unable to employ counsel from their own resources, the court shall appoint counsel 
20.25 	upon the request of the parent or parents or the child or the child's legal guardian. The 
20.26 	parent or parents may also receive assistance from any person or social services agency 
20.27 	in preparation of the case plan.
20.28 	After the plan has been agreed upon by the parties involved or approved or ordered 
20.29 	by the court, the foster parents shall be fully informed of the provisions of the case plan 
20.30 	and shall be provided a copy of the plan.
20.31 	Upon discharge from foster care, the parent, adoptive parent, or permanent legal and 
20.32 	physical custodian, as appropriate, and the child, if appropriate, must be provided with 
20.33 	a current copy of the child's health and education record.

20.34 	Sec. 22. Minnesota Statutes 2010, section 260C.212, subdivision 2, is amended to read:
21.1 		Subd. 2.Placement decisions based on best interest of the child. (a) The policy 
21.2 	of the state of Minnesota is to ensure that the child's best interests are met by requiring an 
21.3 	individualized determination of the needs of the child and of how the selected placement 
21.4 	will serve the needs of the child being placed. The authorized child-placing agency shall 
21.5 	place a child, released by court order or by voluntary release by the parent or parents, in 
21.6 	a family foster home selected by considering placement with relatives and important 
21.7 	friends in the following order:
21.8 	(1) with an individual who is related to the child by blood, marriage, or adoption; or
21.9 	(2) with an individual who is an important friend with whom the child has resided or 
21.10 	had significant contact.
21.11 	(b) Among the factors the agency shall consider in determining the needs of the 
21.12 	child are the following:
21.13 	(1) the child's current functioning and behaviors;
21.14 	(2) the medical, needs of the child;
21.15 	(3) the educational, and needs of the child;
21.16 	(4) the developmental needs of the child;
21.17 	(3) (5) the child's history and past experience;
21.18 	(4) (6) the child's religious and cultural needs;
21.19 	(5) (7) the child's connection with a community, school, and faith community;
21.20 	(6) (8) the child's interests and talents;
21.21 	(7) (9) the child's relationship to current caretakers, parents, siblings, and relatives; 
21.22 	and
21.23 	(8) (10) the reasonable preference of the child, if the court, or the child-placing 
21.24 	agency in the case of a voluntary placement, deems the child to be of sufficient age to 
21.25 	express preferences.
21.26 	(c) Placement of a child cannot be delayed or denied based on race, color, or national 
21.27 	origin of the foster parent or the child.
21.28 	(d) Siblings should be placed together for foster care and adoption at the earliest 
21.29 	possible time unless it is documented that a joint placement would be contrary to the 
21.30 	safety or well-being of any of the siblings or unless it is not possible after reasonable 
21.31 	efforts by the responsible social services agency. In cases where siblings cannot be placed 
21.32 	together, the agency is required to provide frequent visitation or other ongoing interaction 
21.33 	between siblings unless the agency documents that the interaction would be contrary to 
21.34 	the safety or well-being of any of the siblings.
22.1 	(e) Except for emergency placement as provided for in section 245A.035, a 
22.2 	completed background study is required under section 245C.08 before the approval of a 
22.3 	foster placement in a related or unrelated home.

22.4 	Sec. 23. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:
22.5 		Subd. 5.Relative search. (a) The responsible social services agency shall exercise 
22.6 	due diligence to identify and notify adult relatives prior to placement or within 30 days 
22.7 	after the child's removal from the parent. The county agency shall consider placement 
22.8 	with a relative under subdivision 2 section 260C.221 without delay. The relative search 
22.9 	required by this section shall be reasonable and comprehensive in scope and may last up 
22.10 	to six months or until a fit and willing relative is identified. The relative search required by 
22.11 	this section shall include both maternal relatives of the child and paternal relatives of the 
22.12 	child, if paternity is adjudicated. The relatives must be notified:
22.13 	(1) of the need for a foster home for the child, the option to become a placement 
22.14 	resource for the child, and the possibility of the need for a permanent placement for the 
22.15 	child;
22.16 	(2) of their responsibility to keep the responsible social services agency and the court 
22.17 	informed of their current address in order to receive notice in the event that a permanent 
22.18 	placement is sought for the child and to receive notice of the permanency progress review 
22.19 	hearing under section 260C.204. A relative who fails to provide a current address to the 
22.20 	responsible social services agency and the court forfeits the right to receive notice of 
22.21 	the possibility of permanent placement and of the permanency progress review hearing 
22.22 	under section 260C.204. A decision by a relative not to be a placement resource at the 
22.23 	beginning of the case shall not affect whether the relative is considered for placement of 
22.24 	the child with that relative later;
22.25 	(3) that the relative may participate in the care and planning for the child, including 
22.26 	that the opportunity for such participation may be lost by failing to respond to the notice
22.27 	sent under this subdivision; and
22.28 	(4) of the family foster care licensing requirements, including how to complete an 
22.29 	application and how to request a variance from licensing standards that do not present a 
22.30 	safety or health risk to the child in the home under section 245A.04 and supports that are 
22.31 	available for relatives and children who reside in a family foster home.
22.32 	(b) A responsible social services agency may disclose private or confidential data, 
22.33 	as defined in section 13.02, to relatives of the child for the purpose of locating a suitable 
22.34 	placement. The agency shall disclose only data that is necessary to facilitate possible 
22.35 	placement with relatives. If the child's parent refuses to give the responsible social 
23.1 	services agency information sufficient to identify the maternal and paternal relatives of the 
23.2 	child, the agency shall ask the juvenile court to order the parent to provide the necessary 
23.3 	information. If a parent makes an explicit request that relatives or a specific relative not 
23.4 	be contacted or considered for placement due to safety reasons including past family or 
23.5 	domestic violence, the agency shall bring the parent's request to the attention of the court 
23.6 	to determine whether the parent's request is consistent with the best interests of the child 
23.7 	and the agency shall not contact relatives or a the specific relative unless authorized to do 
23.8 	so by when the juvenile court finds that contacting the specific relative would endanger 
23.9 	the parent, guardian, child, sibling, or any family member.
23.10 	(c) When the placing agency determines that a permanent placement hearing is 
23.11 	necessary because there is a likelihood that the child will not return to a parent's care, the 
23.12 	agency may send the notice provided in paragraph (d), may ask the court to modify the 
23.13 	requirements of the agency under this paragraph, or may ask the court to completely 
23.14 	relieve the agency of the requirements of this paragraph (d). The relative notification
23.15 	requirements of this paragraph do not apply when the child is placed with an appropriate 
23.16 	relative or a foster home that has committed to being the permanent legal placement for 
23.17 	the child and the agency approves of that foster home for permanent placement of the 
23.18 	child. The actions ordered by the court under this section must be consistent with the best 
23.19 	interests, safety, and welfare of the child.
23.20 	(d) Unless required under the Indian Child Welfare Act or relieved of this duty by the 
23.21 	court under paragraph (c), when the agency determines that it is necessary to prepare for 
23.22 	the permanent placement determination hearing, or in anticipation of filing a termination 
23.23 	of parental rights petition, the agency shall send notice to the relatives, any adult with 
23.24 	whom the child is currently residing, any adult with whom the child has resided for one 
23.25 	year or longer in the past, and any adults who have maintained a relationship or exercised 
23.26 	visitation with the child as identified in the agency case plan. The notice must state that a 
23.27 	permanent home is sought for the child and that the individuals receiving the notice may 
23.28 	indicate to the agency their interest in providing a permanent home. The notice must state 
23.29 	that within 30 days of receipt of the notice an individual receiving the notice must indicate 
23.30 	to the agency the individual's interest in providing a permanent home for the child or that 
23.31 	the individual may lose the opportunity to be considered for a permanent placement.
23.32 	(e) The Department of Human Services shall develop a best practices guide and 
23.33 	specialized staff training to assist the responsible social services agency in performing and 
23.34 	complying with the relative search requirements under this subdivision.

23.35 	Sec. 24. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:
24.1 		Subd. 7.Administrative or court review of placements. (a) There shall be an 
24.2 	administrative review of the out-of-home placement plan of each child placed in foster 
24.3 	care no later than 180 days after the initial placement of the child in foster care and at least 
24.4 	every six months thereafter if the child is not returned to the home of the parent or parents 
24.5 	within that time. The out-of-home placement plan must be monitored and updated at each 
24.6 	administrative review. The administrative review shall be conducted by the responsible 
24.7 	social services agency using a panel of appropriate persons at least one of whom is not 
24.8 	responsible for the case management of, or the delivery of services to, either the child or 
24.9 	the parents who are the subject of the review. The administrative review shall be open to 
24.10 	participation by the parent or guardian of the child and the child, as appropriate.
24.11 	(b) As an alternative to the administrative review required in paragraph (a), the court 
24.12 	may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 
24.13 	Procedure, conduct a hearing to monitor and update the out-of-home placement plan 
24.14 	pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d). 
24.15 	The party requesting review of the out-of-home placement plan shall give parties to the 
24.16 	proceeding notice of the request to review and update the out-of-home placement plan. 
24.17 	A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11; 
24.18 	260C.141, subdivision 2; 260C.317; or 260D.06 shall satisfy the requirement for the 
24.19 	review so long as the other requirements of this section are met.
24.20 	(c) As appropriate to the stage of the proceedings and relevant court orders, the 
24.21 	responsible social services agency or the court shall review:
24.22 	(1) the safety, permanency needs, and well-being of the child;
24.23 	(2) the continuing necessity for and appropriateness of the placement;
24.24 	(3) the extent of compliance with the out-of-home placement plan;
24.25 	(4) the extent of progress which has been made toward alleviating or mitigating the 
24.26 	causes necessitating placement in foster care;
24.27 	(5) the projected date by which the child may be returned to and safely maintained in 
24.28 	the home or placed permanently away from the care of the parent or parents or guardian; 
24.29 	and
24.30 	(6) the appropriateness of the services provided to the child.
24.31 	(d) When a child is age 16 or older, in addition to any administrative review 
24.32 	conducted by the agency, at the in-court review required under section 260C.201, 
24.33 	subdivision 11, or 260C.317, subdivision 3, clause (3), the court shall review the 
24.34 	independent living plan required under subdivision 1, paragraph (c), clause (11), and the 
24.35 	provision of services to the child related to the well-being of the child as the child prepares 
24.36 	to leave foster care. The review shall include the actual plans related to each item in the 
25.1 	plan necessary to the child's future safety and well-being when the child is no longer 
25.2 	in foster care.
25.3 	(1) At the court review, the responsible social services agency shall establish that it 
25.4 	has given the notice required under section 260C.456 or Minnesota Rules, part 9560.0660, 
25.5 	regarding the right to continued access to services for certain children in foster care past 
25.6 	age 18 and of the right to appeal a denial of social services under section 256.045. If the 
25.7 	agency is unable to establish that the notice, including the right to appeal a denial of social 
25.8 	services, has been given, the court shall require the agency to give it.
25.9 	(2) Consistent with the requirements of the independent living plan, the court shall 
25.10 	review progress toward or accomplishment of the following goals:
25.11 	(i) the child has obtained a high school diploma or its equivalent;
25.12 	(ii) the child has completed a driver's education course or has demonstrated the 
25.13 	ability to use public transportation in the child's community;
25.14 	(iii) the child is employed or enrolled in postsecondary education;
25.15 	(iv) the child has applied for and obtained postsecondary education financial aid for 
25.16 	which the child is eligible;
25.17 	(v) the child has health care coverage and health care providers to meet the child's 
25.18 	physical and mental health needs;
25.19 	(vi) the child has applied for and obtained disability income assistance for which 
25.20 	the child is eligible;
25.21 	(vii) the child has obtained affordable housing with necessary supports, which does 
25.22 	not include a homeless shelter;
25.23 	(viii) the child has saved sufficient funds to pay for the first month's rent and a 
25.24 	damage deposit;
25.25 	(ix) the child has an alternative affordable housing plan, which does not include a 
25.26 	homeless shelter, if the original housing plan is unworkable;
25.27 	(x) the child, if male, has registered for the Selective Service; and
25.28 	(xi) the child has a permanent connection to a caring adult.
25.29 	(3) The court shall ensure that the responsible agency in conjunction with the 
25.30 	placement provider assists the child in obtaining the following documents prior to the 
25.31 	child's leaving foster care: a Social Security card; the child's birth certificate; a state 
25.32 	identification card or driver's license, green card, or school visa; the child's school, 
25.33 	medical, and dental records; a contact list of the child's medical, dental, and mental health 
25.34 	providers; and contact information for the child's siblings, if the siblings are in foster care.
25.35 	(e) When a child is age 17 or older, during the 90-day period immediately prior to 
25.36 	the date the child is expected to be discharged from foster care, the responsible social 
26.1 	services agency is required to provide the child with assistance and support in developing 
26.2 	a transition plan that is personalized at the direction of the child. The transition plan 
26.3 	must be as detailed as the child may elect and include specific options on housing, health 
26.4 	insurance, education, local opportunities for mentors and continuing support services, and 
26.5 	work force supports and employment services. The agency shall ensure that the youth 
26.6 	receives, at no cost to the youth, a copy of the youth's consumer credit report as defined 
26.7 	in section 13C.001 and assistance in interpreting and resolving any inaccuracies in the 
26.8 	report. The county agency shall also provide the individual youth with appropriate contact 
26.9 	information if the individual youth needs more information or needs help dealing with a 
26.10 	crisis situation through age 21.

26.11 	Sec. 25. Minnesota Statutes 2010, section 260C.217, is amended to read:
26.12 	260C.217 SAFE PLACE FOR NEWBORNS.
26.13 		Subdivision 1.Duty to attempt reunification, duty to search for relatives, and 
26.14 	preferences not applicable. A local responsible social service agency taking custody of
26.15 	with legal responsibility for a child after discharge from a hospital that received a child 
26.16 	under section 145.902 under subdivision 4 is not required to attempt to reunify the child 
26.17 	with the child's parents. Additionally, the agency is not required to search for relatives 
26.18 	of the child as a placement or permanency option under section 260C.212, subdivision 
26.19 	5, or to implement other placement requirements that give a preference to relatives if 
26.20 	the agency does not have information as to the identity of the child, the child's mother, 
26.21 	or the child's father.
26.22 		Subd. 1a.Safe place. For purposes of this section, "safe place" means a hospital, 
26.23 	health care provider that provides access to urgent care services, 911 responder, or fire 
26.24 	department.
26.25 		Subd. 2.Status of child. For purposes of proceedings under this chapter and, 
26.26 	including adoption proceedings, a newborn left at a hospital safe place or with a 911 
26.27 	responder under section 145.902 subdivision 3 is considered an abandoned child under 
26.28 	section 626.556, subdivision 2, paragraph (c), clause (3). The child is abandoned under 
26.29 	sections 260C.007, subdivision 6, clause (1), and 260C.301, subdivision 1, paragraph 
26.30 	(b), clause (1).
26.31 		Subd. 3.Relinquish newborn. A mother or any person, with the mother's 
26.32 	permission, may bring a newborn infant to a safe place during its hours of operation and 
26.33 	leave the infant in the care of an employee of the safe place. The mother or person with 
26.34 	the mother's permission may also call 911 and request to have an emergency responder 
27.1 	dispatched to an agreed upon location to relinquish a newborn infant into the custody of 
27.2 	the 911 responder.
27.3 		Subd. 4.Placement of newborn. A safe place or 911 responder with whom a 
27.4 	newborn is left shall, within 24 hours, report receiving the newborn to the responsible 
27.5 	social services agency. The agency shall have legal responsibility for the placement of 
27.6 	the newborn infant in foster care for 72 hours during which time the agency shall file a 
27.7 	petition under section 260C.141 and ask the court to order continued placement of the 
27.8 	child in foster care. The agency shall immediately begin planning for adoptive placement 
27.9 	of the newborn.
27.10 		Subd. 5.Care and treatment. A safe place or 911 responder with whom a newborn 
27.11 	is left may examine the newborn and provide necessary care and treatment, if any is 
27.12 	required, pending assumption of legal responsibility by the responsible social services 
27.13 	agency under subdivision 4. A 911 responder with whom a newborn is left shall transport 
27.14 	a newborn to a hospital for care.
27.15 		Subd. 6.Immunity. A safe place or 911 responder with responsibility for 
27.16 	performing duties under this section, and any employee, doctor, or other medical, fire, or 
27.17 	law enforcement professional receiving, handling, treating, caring for, and reporting the 
27.18 	child as required in subdivision 4, are immune from any criminal liability that otherwise 
27.19 	might result from their actions, if they are acting in good faith in receiving a newborn, and 
27.20 	are immune from any civil liability that otherwise might result from merely receiving a 
27.21 	newborn.

27.22 	Sec. 26. Minnesota Statutes 2010, section 260C.317, subdivision 3, is amended to read:
27.23 		Subd. 3.Order; retention of jurisdiction. (a) A certified copy of the findings and 
27.24 	the order terminating parental rights, and a summary of the court's information concerning 
27.25 	the child shall be furnished by the court to the commissioner or the agency to which 
27.26 	guardianship is transferred.
27.27 	(b) The orders shall be on a document separate from the findings. The court shall 
27.28 	furnish the individual to whom guardianship is transferred guardian a copy of the order 
27.29 	terminating parental rights.
27.30 	(b) (c) When the court orders guardianship pursuant to this section,  the court 
27.31 	shall retain jurisdiction in a case where adoption is the intended permanent placement 
27.32 	disposition until the child's adoption is finalized, the child is 18 years of age, or, for 
27.33 	children in foster care beyond age 18 pursuant to section 260C.451, until the individual 
27.34 	becomes 21 years of age according to the provisions set forth in sections 260C.193, 
27.35 	subdivision 6, and 260C.451. The guardian ad litem and counsel for the child shall 
28.1 	continue on the case until an adoption decree is entered. An in-court appearance hearing 
28.2 	must be held every 90 days following termination of parental rights for the court to review 
28.3 	progress toward an adoptive placement and the specific recruitment efforts the agency 
28.4 	has taken to find an adoptive family or other placement living arrangement for the child 
28.5 	and to finalize the adoption or other permanency plan. Review of the progress toward 
28.6 	adoption of a child under guardianship of the commissioner of human services shall be 
28.7 	conducted according to section 260C.607.
28.8 	(c) The responsible social services agency may make a determination of compelling 
28.9 	reasons for a child to be in long-term foster care when the agency has made exhaustive 
28.10 	efforts to recruit, identify, and place the child in an adoptive home, and the child continues 
28.11 	in foster care for at least 24 months after the court has issued the order terminating 
28.12 	parental rights. A child of any age who is under the guardianship of the commissioner of 
28.13 	the Department of Human Services and is legally available for adoption may not refuse 
28.14 	or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the 
28.15 	child in an adoptive home required under paragraph (b) or sign a document relieving 
28.16 	county social services agencies of all recruitment efforts on the child's behalf. Upon 
28.17 	approving the agency's determination of compelling reasons, the court may order the child 
28.18 	placed in long-term foster care. At least every 12 months thereafter as long as the child 
28.19 	continues in out-of-home placement, the court shall conduct an in-court permanency 
28.20 	review hearing to determine the future status of the child using the review requirements of 
28.21 	section 260C.201, subdivision 11, paragraph (g).
28.22 	(d) Upon terminating parental rights or upon a parent's consent to adoption 
28.23 	under section 260C.201, subdivision 11, resulting in an order for guardianship to the 
28.24 	commissioner of human services, the court shall retain jurisdiction:
28.25 	(1) until the child is adopted;
28.26 	(2) through the child's minority in a case where long-term; or
28.27 	(3) as long as the child continues in or reenters foster care is the permanent 
28.28 	disposition whether under paragraph (c) or section 260C.201, subdivision 11, or, for 
28.29 	children in foster care age 18 or older under section 260C.451, until the individual 
28.30 	becomes 21 years of age according to the provisions in sections 260C.193, subdivision 6, 
28.31 	and 260C.451.

28.32 	Sec. 27. Minnesota Statutes 2010, section 260C.317, subdivision 4, is amended to read:
28.33 		Subd. 4.Rights of terminated parent. (a) Upon entry of an order terminating the 
28.34 	parental rights of any person who is identified as a parent on the original birth record of 
29.1 	the child as to whom the parental rights are terminated, the court shall cause written 
29.2 	notice to be made to that person setting forth:
29.3 	(1) the right of the person to file at any time with the state registrar of vital statistics 
29.4 	a consent to disclosure, as defined in section 144.212, subdivision 11;
29.5 	(2) the right of the person to file at any time with the state registrar of vital statistics 
29.6 	an affidavit stating that the information on the original birth record shall not be disclosed 
29.7 	as provided in section 144.2252; and
29.8 	(3) the effect of a failure to file either a consent to disclosure, as defined in section 
29.9 	144.212, subdivision 11, or an affidavit stating that the information on the original birth 
29.10 	record shall not be disclosed.
29.11 	(b) A parent whose rights are terminated under this section shall retain the ability to 
29.12 	enter into a contact or communication agreement under section 260C.619 if an agreement 
29.13 	is determined by the court to be in the best interests of the child. The agreement shall be 
29.14 	filed with the court at or prior to the time the child is adopted. An order for termination of 
29.15 	parental rights shall not be conditioned on an agreement under section 260C.619.

29.16 	Sec. 28. Minnesota Statutes 2010, section 260C.325, subdivision 1, is amended to read:
29.17 		Subdivision 1.Transfer of custody Guardianship. (a) If When the court terminates 
29.18 	parental rights of both parents or of the only known living legal parent, the court shall 
29.19 	order the guardianship and the legal custody of the child transferred to:
29.20 	(1) the commissioner of human services;
29.21 	(2) a licensed child-placing agency; or
29.22 	(3) an individual who is willing and capable of assuming the appropriate duties 
29.23 	and responsibilities to the child.
29.24 	(b) The court shall order transfer of guardianship and legal custody of a child to 
29.25 	the commissioner of human services only when the responsible county social services 
29.26 	agency had legal responsibility for planning for the permanent placement of the child and 
29.27 	the child was in foster care under the legal responsibility of the responsible county social 
29.28 	services agency at the time the court orders guardianship and legal custody transferred to 
29.29 	the commissioner. The court shall not order guardianship to the commissioner under any 
29.30 	other circumstances, except as provided in subdivision 3.

29.31 	Sec. 29. Minnesota Statutes 2010, section 260C.325, subdivision 3, is amended to read:
29.32 		Subd. 3.Both parents deceased. (a) If upon petition to the juvenile court for 
29.33 	guardianship by a reputable person, including but not limited to an the responsible social 
29.34 	services agency as agent of the commissioner of human services, and upon hearing in 
30.1 	the manner provided in section 260C.163, the court finds that both parents or the only 
30.2 	known legal parent are or is deceased and no appointment has been made or petition for 
30.3 	appointment filed pursuant to sections 524.5-201 to 524.5-317, the court shall order the 
30.4 	guardianship and legal custody of the child transferred to:
30.5 	(1) the commissioner of human services; or
30.6 	(2) a licensed child-placing agency; or
30.7 	(3) (2) an individual who is willing and capable of assuming the appropriate duties 
30.8 	and responsibilities to the child.
30.9 	(b) The court shall order transfer of guardianship and legal custody of a child to the 
30.10 	commissioner of human services only if there is no individual who is willing and capable 
30.11 	of assuming the appropriate duties and responsibilities to the child.

30.12 	Sec. 30. Minnesota Statutes 2010, section 260C.325, subdivision 4, is amended to read:
30.13 		Subd. 4.Guardian's responsibilities. (a) A guardian appointed under the 
30.14 	provisions of this section has legal custody of a ward unless the court which appoints 
30.15 	the guardian gives legal custody to some other person. If the court awards custody to a 
30.16 	person other than the guardian, the guardian nonetheless has the right and responsibility of 
30.17 	reasonable visitation, except as limited by court order. the child and the right to visit the 
30.18 	child in foster care, the adoptive placement, or any other suitable setting at any time prior 
30.19 	to finalization of the adoption of the child. When the child is under the guardianship of the 
30.20 	commissioner, the responsible social services agency, as agent of the commissioner, has 
30.21 	the right to visit the child.
30.22 	(b) When the guardian is a licensed child-placing agency, the guardian may shall
30.23 	make all major decisions affecting the person of the ward child, including, but not limited 
30.24 	to, giving consent,(when consent is legally required), to the marriage, enlistment in 
30.25 	the armed forces, medical, surgical, or psychiatric treatment, or adoption of the ward
30.26 	child. When, pursuant to this section, the commissioner of human services is appointed 
30.27 	guardian, the commissioner may delegate to the responsible social services agency of 
30.28 	the county in which, after the appointment, the ward resides, the authority to act for the 
30.29 	commissioner in decisions affecting the person of the ward, including but not limited 
30.30 	to giving consent to the marriage, enlistment in the armed forces, medical, surgical, or 
30.31 	psychiatric treatment of the ward.
30.32 	(c) When the commissioner is appointed guardian, the duties of the commissioner of 
30.33 	human services are established under sections 260C.601 to 260C.635.
30.34 	(c) (d) A guardianship created under the provisions of this section shall not of itself
30.35 	include the guardianship of the estate of the ward child.
31.1 	(e) The commissioner of human services, through the responsible social services 
31.2 	agency, or a licensed child-placing agency who is a guardian or who has authority and 
31.3 	responsibility for planning for the adoption of the child under section 259.25 or 259.47, 
31.4 	has the duty to make reasonable efforts to finalize the adoption of the child.

31.5 	Sec. 31. Minnesota Statutes 2010, section 260C.328, is amended to read:
31.6 	260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
31.7 	(a) Upon its own motion or upon petition of an interested party, the juvenile court 
31.8 	having jurisdiction of the child may, after notice to the parties and a hearing, remove 
31.9 	the guardian appointed by the juvenile court and appoint a new guardian in accordance 
31.10 	with the provisions of section 260C.325, subdivision 1., clause (a), (b), or (c). Upon a 
31.11 	showing that the child is emancipated, the court may discharge the guardianship. Any 
31.12 	child 14 years of age or older who is not adopted but who is placed in a satisfactory foster 
31.13 	home, may, with the consent of the foster parents, join with the guardian appointed by the 
31.14 	juvenile court in a petition to the court having jurisdiction of the child to discharge the 
31.15 	existing guardian and appoint the foster parents as guardians of the child.
31.16 	(b) The authority of a guardian appointed by the juvenile court terminates when the 
31.17 	individual under guardianship is no longer a minor or when guardianship is otherwise 
31.18 	discharged. becomes age 18. However, an individual who has been under the guardianship 
31.19 	of the commissioner and who has not been adopted may continue in foster care or reenter 
31.20 	foster care pursuant to section 260C.451 and the responsible social services agency has 
31.21 	continuing legal responsibility for the placement of the individual.

31.22 	Sec. 32. [260C.601] ADOPTION OF CHILDREN UNDER GUARDIANSHIP 
31.23 	OF COMMISSIONER.
31.24 		Subdivision 1.Review and finalization requirements; adoption procedures. (a) 
31.25 	Sections 260C.601 to 260C.635 establish:
31.26 	(1) the requirements for court review of children under the guardianship of the 
31.27 	commissioner; and
31.28 	(2) procedures for timely finalizing adoptions in the best interests of children under 
31.29 	the guardianship of the commissioner.
31.30 	(b) Adoption proceedings for children not under the guardianship of the 
31.31 	commissioner are governed by chapter 259.
31.32 		Subd. 2.Duty of responsible agency. The responsible social services agency has 
31.33 	the duty to act as the commissioner's agent in making reasonable efforts to finalize the 
32.1 	adoption of all children under the guardianship of the commissioner pursuant to section 
32.2 	260C.325. In implementing these duties, the agency shall ensure that:
32.3 	(1) the best interests of the child are met in the planning and granting of adoptions;
32.4 	(2) a child under the guardianship of the commissioner is appropriately involved 
32.5 	in planning for adoption;
32.6 	(3) the diversity of Minnesota's population and diverse needs including culture, 
32.7 	religion, and language of persons affected by adoption are recognized and respected; and
32.8 	(4) the court has the timely information it needs to make a decision that is in the best 
32.9 	interests of the child in reviewing the agency's planning for adoption and when ordering 
32.10 	the adoption of the child.
32.11 		Subd. 3.Background study. Consistent with section 245C.33 and United States 
32.12 	Code, title 42, section 671, a completed background study is required before the adoptive 
32.13 	placement of the child in a related or an unrelated home.

32.14 	Sec. 33. [260C.603] DEFINITIONS.
32.15 		Subdivision 1.Scope. For the purposes of sections 260C.601 to 260C.635, the terms 
32.16 	defined in this section have the meanings given them.
32.17 		Subd. 2.Adopting parent. "Adopting parent" means an adult who has signed 
32.18 	an adoption placement agreement regarding the child and has the same meaning as 
32.19 	preadoptive parent under section 259A.01, subdivision 23.
32.20 		Subd. 3.Adoption placement agreement. "Adoption placement agreement" means 
32.21 	the written agreement between the responsible social services agency, the commissioner, 
32.22 	and the adopting parent which reflects the intent of all the signatories to the agreement that 
32.23 	the adopting parent establish a parent and child relationship by adoption with the child 
32.24 	who is under the guardianship of the commissioner. The adoptive placement agreement 
32.25 	must be in the commissioner's designated format.
32.26 		Subd. 4.Adoptive parent. "Adoptive parent" has the meaning given in section 
32.27 	259A.01, subdivision 3.
32.28 		Subd. 5.Adoptive placement. "Adoptive placement" means a placement made by 
32.29 	the responsible social services agency upon a fully executed adoption placement agreement 
32.30 	including the signatures of the adopting parent, the responsible social services agency, and 
32.31 	the commissioner of human services according to section 260C.613, subdivision 1.
32.32 		Subd. 6.Commissioner. "Commissioner" means the commissioner of human 
32.33 	services or any employee of the Department of Human Services to whom the commissioner 
32.34 	has delegated authority regarding children under the commissioner's guardianship.
33.1 		Subd. 7.Guardianship. "Guardianship" has the meaning given in section 259A.01, 
33.2 	subdivision 17; 260C.325; or 260C.515, subdivision 3.
33.3 		Subd. 8.Prospective adoptive parent. "Prospective adoptive parent" means an 
33.4 	individual who may become an adopting parent regardless of whether the individual 
33.5 	has an adoption study approving the individual for adoption, but who has not signed an 
33.6 	adoption placement agreement.

33.7 	Sec. 34. [260C.605] REASONABLE EFFORTS TO FINALIZE AN ADOPTION.
33.8 		Subdivision 1.Requirements. (a) Reasonable efforts to finalize the adoption of a 
33.9 	child under the guardianship of the commissioner shall be made by the responsible social 
33.10 	services agency responsible for permanency planning for the child.
33.11 	(b) Reasonable efforts to make a placement in a home according to the placement 
33.12 	considerations under section 260C.212, subdivision 2, with a relative or foster parent 
33.13 	who will commit to being the permanent resource for the child in the event the child 
33.14 	cannot be reunified with a parent are required under section 260.012 and may be made 
33.15 	concurrently with reasonable, or if the child is an Indian child, active efforts to reunify 
33.16 	the child with the parent.
33.17 	(c) Reasonable efforts under paragraph (b) must begin as soon as possible when the 
33.18 	child is in foster care under this chapter, but not later than the hearing required under 
33.19 	section 260C.204.
33.20 	(d) Reasonable efforts to finalize the adoption of the child include:
33.21 	(1) using age-appropriate engagement strategies to plan for adoption with the child;
33.22 	(2) identifying an appropriate prospective adoptive parent for the child by updating 
33.23 	the child's identified needs using the factors in section 260C.212, subdivision 2;
33.24 	(3) making an adoptive placement that meets the child's needs by:
33.25 	(i) completing or updating the relative search required under section 260C.221 and 
33.26 	giving notice of the need for an adoptive home for the child to:
33.27 	(A) relatives who have kept the agency or the court apprised of their whereabouts 
33.28 	and who have indicated an interest in adopting the child; or
33.29 	(B) relatives of the child who are located in an updated search;
33.30 	(ii) an updated search is required whenever:
33.31 	(A) there is no identified prospective adoptive placement for the child 
33.32 	notwithstanding a finding by the court that the agency made diligent efforts under section 
33.33 	260C.221, in a hearing required under section 260C.202;
33.34 	(B) the child is removed from the home of an adopting parent; or
34.1 	(C) the court determines a relative search by the agency is in the best interests of 
34.2 	the child;
34.3 	(iii) engaging child's foster parent and the child's relatives identified as an adoptive 
34.4 	resource during the search conducted under section 260C.221, to commit to being the 
34.5 	prospective adoptive parent of the child; or
34.6 	(iv) when there is no identified prospective adoptive parent:
34.7 	(A) registering the child on the state adoption exchange as required in section 259.75 
34.8 	unless the agency documents to the court an exception to placing the child on the state 
34.9 	adoption exchange reported to the commissioner;
34.10 	(B) reviewing all families with approved adoption home studies associated with the 
34.11 	responsible social services agency;
34.12 	(C) presenting the child to adoption agencies and adoption personnel who may assist 
34.13 	with finding an adoptive home for the child;
34.14 	(D) using newspapers and other media to promote the particular child;
34.15 	(E) using a private agency under grant contract with the commissioner to provide 
34.16 	adoption services for intensive child-specific recruitment efforts; and
34.17 	(F) making any other efforts or using any other resources reasonably calculated to 
34.18 	identify a prospective adoption parent for the child;
34.19 	(4) updating and completing the social and medical history required under sections 
34.20 	259.43 and 260C.609;
34.21 	(5) making, and keeping updated, appropriate referrals required by section 260.851, 
34.22 	the Interstate Compact on the Placement of Children;
34.23 	(6) giving notice regarding the responsibilities of an adoptive parent to any 
34.24 	prospective adoptive parent as required under section 259.35;
34.25 	(7) offering the adopting parent the opportunity to apply for or decline adoption 
34.26 	assistance under chapter 259A;
34.27 	(8) certifying the child for adoption assistance, assessing the amount of adoption 
34.28 	assistance, and ascertaining the status of the commissioner's decision on the level of 
34.29 	payment if the adopting parent has applied for adoption assistance;
34.30 	(9) placing the child with siblings. If the child is not placed with siblings, the agency 
34.31 	must document reasonable efforts to place the siblings together, as well as the reason for 
34.32 	separation. The agency may not cease reasonable efforts to place siblings together for final 
34.33 	adoption until the court finds further reasonable efforts would be futile or that placement 
34.34 	together for purposes of adoption is not in the best interests of one of the siblings; and
34.35 	(10) working with the adopting parent to file a petition to adopt the child and with 
34.36 	the court administrator to obtain a timely hearing to finalize the adoption.
35.1 		Subd. 2.No waiver. (a) The responsible social services agency shall make 
35.2 	reasonable efforts to recruit, assess, and match an adoptive home for any child under 
35.3 	the guardianship of the commissioner and reasonable efforts shall continue until an 
35.4 	adoptive placement is made and adoption finalized or until the child is no longer under the 
35.5 	guardianship of the commissioner.
35.6 	(b) A child of any age who is under the guardianship of the commissioner and is 
35.7 	legally available for adoption may not refuse or waive the responsible social services 
35.8 	agency's reasonable efforts to recruit, identify, and place the child in an adoptive home 
35.9 	required under this section. The agency has an ongoing responsibility to work with the 
35.10 	child to explore the child's opportunities for adoption, and what adoption means for the 
35.11 	child, and may not accept a child's refusal to consider adoption as an option.
35.12 	(c) The court may not relieve or otherwise order the responsible social services 
35.13 	agency to cease fulfilling the responsible social services agency's duty regarding 
35.14 	reasonable efforts to recruit, identify, and place the child in an adoptive home.

35.15 	Sec. 35. [260C.607] REVIEW OF PROGRESS TOWARD ADOPTION.
35.16 		Subdivision 1.Review hearings. (a) The court shall conduct a review of the 
35.17 	responsible social services agency's reasonable efforts to finalize adoption for any child 
35.18 	under the guardianship of the commissioner and of the progress of the case toward 
35.19 	adoption at least every 90 days after the court issues an order that the commissioner is 
35.20 	the guardian of the child.
35.21 	(b) The review of progress toward adoption shall continue notwithstanding that an 
35.22 	appeal is made of the order for guardianship.
35.23 	(c) The agency's reasonable efforts to finalize the adoption must continue during the 
35.24 	pendency of the appeal and all progress toward adoption shall continue except that the 
35.25 	court may not finalize an adoption while the appeal is pending.
35.26 		Subd. 2.Notice. Notice of review hearings shall be given by the court to:
35.27 	(1) the responsible social services agency;
35.28 	(2) the child, if the child is age ten and older;
35.29 	(3) the child's guardian ad litem;
35.30 	(4) relatives of the child who have kept the court informed of their whereabouts 
35.31 	as required in section 260C.221 and who have responded to the agency's notice under 
35.32 	section 260C.221, indicating a willingness to provide an adoptive home for the child 
35.33 	unless the relative has been previously ruled out by the court as a suitable foster parent or 
35.34 	permanency resource for the child;
35.35 	(5) the current foster or adopting parent of the child;
36.1 	(6) any foster or adopting parents of siblings of the child; and
36.2 	(7) the Indian child's tribe.
36.3 		Subd. 3.Right to participate. Any individual or entity listed in subdivision 2 may 
36.4 	participate in the continuing reviews conducted under this section. No other individual 
36.5 	or entity is required to be given notice or to participate in the reviews unless the court 
36.6 	specifically orders that notice be given or participation in the reviews be required.
36.7 		Subd. 4.Content of review. (a) The court shall review:
36.8 	(1) the agency's reasonable efforts under section 260C.605 to finalize an adoption 
36.9 	for the child as appropriate to the stage of the case; and
36.10 	(2) the child's current out-of-home placement plan required under section 260C.212, 
36.11 	subdivision 1, to ensure the child is receiving all services and supports required to meet 
36.12 	the child's needs as they relate to the child's:
36.13 	(i) placement;
36.14 	(ii) visitation and contact with siblings;
36.15 	(iii) visitation and contact with relatives;
36.16 	(iv) medical, mental, and dental health; and
36.17 	(v) education.
36.18 	(b) When the child is age 16 and older, and as long as the child continues in foster 
36.19 	care, the court shall also review the agency's planning for the child's independent living 
36.20 	after leaving foster care including how the agency is meeting the requirements of section 
36.21 	260C.212, subdivision 1, paragraph (c), clause (11). The court shall use the review 
36.22 	requirements of section 260C.203, in any review conducted under this paragraph.
36.23 		Subd. 5.Required placement by responsible social services agency. (a) No 
36.24 	petition for adoption shall be filed for a child under the guardianship of the commissioner 
36.25 	unless the child sought to be adopted has been placed for adoption with the adopting 
36.26 	parent by the responsible social services agency. The court may order the agency to make 
36.27 	an adoptive placement using standards and procedures under subdivision 6.
36.28 	(b) Any relative or the child's foster parent who believes the responsible agency 
36.29 	has not reasonably considered their request to be considered for adoptive placement as 
36.30 	required under section 260C.212, subdivision 2, and who wants to be considered for 
36.31 	adoptive placement of the child shall bring their request for consideration to the attention 
36.32 	of the court during a review required under this section. The child's guardian ad litem and 
36.33 	the child may also bring a request for a relative or the child's foster parent to be considered 
36.34 	for adoptive placement. After hearing from the agency, the court may order the agency to 
36.35 	take appropriate action regarding the relative's or foster parent's request for consideration 
36.36 	under section 260C.212, subdivision 2, paragraph (b).
37.1 		Subd. 6.Motion and hearing to order adoptive placement. (a) At any time after 
37.2 	the district court orders the child under the guardianship of the commissioner of human 
37.3 	services, but not later than 30 days after receiving notice required under section 260C.613, 
37.4 	subdivision 1, paragraph (c), that the agency has made an adoptive placement, a relative 
37.5 	or the child's foster parent may file a motion for an order for adoptive placement of a 
37.6 	child who is under the guardianship of the commissioner if the relative or the child's 
37.7 	foster parent:
37.8 	(1) has an adoption home study under section 259.41 approving the relative or foster 
37.9 	parent for adoption and has been a resident of Minnesota for at least six months before 
37.10 	filing the motion; the court may waive the residency requirement for the moving party 
37.11 	if there is a reasonable basis to do so; or
37.12 	(2) is not a resident of Minnesota, but has an approved adoption home study by 
37.13 	an agency licensed or approved to complete an adoption home study in the state of the 
37.14 	individual's residence and the study is filed with the motion for adoptive placement.
37.15 	(b) The motion shall be filed with the court conducting reviews of the child's 
37.16 	progress toward adoption under this section. The motion and supporting documents must 
37.17 	make a prima facie showing that the agency has been unreasonable in failing to make the 
37.18 	requested adoptive placement. The motion must be served according to the requirements 
37.19 	for motions under the Minnesota Rules of Juvenile Protection Procedure and shall be 
37.20 	made on all individuals and entities listed in subdivision 2.
37.21 	(c) If the motion and supporting documents do not make a prima facie showing for 
37.22 	the court to determine whether the agency has been unreasonable in failing to make the 
37.23 	requested adoptive placement, the court shall dismiss the motion. If the court determines a 
37.24 	prima facie basis is made, the court shall set the matter for evidentiary hearing.
37.25 	(d) At the evidentiary hearing the responsible social services agency shall proceed 
37.26 	first with evidence about the reason for not making the adoptive placement proposed by the 
37.27 	moving party. The moving party then has the burden of proving by a preponderance of the 
37.28 	evidence that the agency has been unreasonable in failing to make the adoptive placement.
37.29 	(e) At the conclusion of the evidentiary hearing, if the court finds that the agency 
37.30 	has been unreasonable in failing to make the adoptive placement and that the relative or 
37.31 	the child's foster parent is the most suitable adoptive home to meet the child's needs 
37.32 	using the factors in section 260C.212, subdivision 2, paragraph (b), the court may order 
37.33 	the responsible social services agency to make an adoptive placement in the home of the 
37.34 	relative or the child's foster parent.
38.1 	(f) If, in order to ensure that a timely adoption may occur, the court orders the 
38.2 	responsible social services agency to make an adoptive placement under this subdivision, 
38.3 	the agency shall:
38.4 	(1) make reasonable efforts to obtain a fully executed adoption placement agreement;
38.5 	(2) work with the moving party regarding eligibility for adoption assistance as 
38.6 	required under chapter 259A; and
38.7 	(3) if the moving party is not a resident of Minnesota, timely refer the matter for 
38.8 	approval of the adoptive placement through the Interstate Compact on the Placement of 
38.9 	Children.
38.10 	(g) Denial or granting of a motion for an order for adoptive placement after an 
38.11 	evidentiary hearing is an order which may be appealed by the responsible social services 
38.12 	agency, the moving party, the child, when age ten or over, the child's guardian ad litem, 
38.13 	and any individual who had a fully executed adoption placement agreement regarding 
38.14 	the child at the time the motion was filed if the court's order has the effect of terminating 
38.15 	the adoption placement agreement. An appeal shall be conducted according to the 
38.16 	requirements of the Rules of Juvenile Protection Procedure.
38.17 		Subd. 7.Changing adoptive plan when parent has consented to adoption.
 38.18 	When the child's parent has consented to adoption under section 260C.515, subdivision 3, 
38.19 	only the person identified by the parent and agreed to by the agency as the prospective 
38.20 	adoptive parent qualifies for adoptive placement of the child until the responsible social 
38.21 	services agency has reported to the court and the court has found in a hearing under this 
38.22 	section that it is not possible to finalize an adoption by the identified prospective adoptive 
38.23 	parent within 12 months of the execution of the consent to adopt under section 260C.515, 
38.24 	subdivision 3, unless the responsible social services agency certifies that the failure to 
38.25 	finalize is not due to either an action or a failure to act by the prospective adoptive parent.
38.26 		Subd. 8.Timing modified. (a) The court may review the responsible social services 
38.27 	agency's reasonable efforts to finalize an adoption more frequently than every 90 days 
38.28 	whenever a more frequent review would assist in finalizing the adoption.
38.29 	(b) In appropriate cases, the court may review the responsible social services 
38.30 	agency's reasonable efforts to finalize an adoption less frequently than every 90 days. The 
38.31 	court shall not find it appropriate to review progress toward adoption less frequently 
38.32 	than every 90 days except when:
38.33 	(1) the court has approved the agency's reasonable efforts to recruit, identify, and 
38.34 	place the child in an adoptive home on a continuing basis for at least 24 months after the 
38.35 	court has issued the order for guardianship;
38.36 	(2) the child is at least 16 years old; and
39.1 	(3) the child's guardian ad litem agrees that review less frequently than every 90 
39.2 	days is in the child's best interests.
39.3 	(c) In no event shall the court's review be less frequent than every six months.

39.4 	Sec. 36. [260C.609] SOCIAL AND MEDICAL HISTORY.
39.5 	(a) The responsible social services agency shall work with the birth family of the 
39.6 	child, foster family, medical and treatment providers, and the child's school to ensure there 
39.7 	is a detailed, thorough, and currently up-to-date social and medical history of the child as 
39.8 	required under section 259.43 on the forms required by the commissioner.
39.9 	(b) When the child continues in foster care, the agency's reasonable efforts to 
39.10 	complete the history shall begin no later than the permanency progress review hearing 
39.11 	required under section 260C.204 or six months after the child's placement in foster care.
39.12 	(c) The agency shall thoroughly discuss the child's history with the adopting parent 
39.13 	of the child and shall give a copy of the report of the child's social and medical history 
39.14 	to the adopting parent. A copy of the child's social and medical history may also be 
39.15 	given to the child as appropriate.
39.16 	(d) The report shall not include information that identifies birth relatives. Redacted 
39.17 	copies of all the child's relevant evaluations, assessments, and records must be attached 
39.18 	to the social and medical history.

39.19 	Sec. 37. [260C.611] ADOPTION STUDY REQUIRED.
39.20 	An adoption study under section 259.41 approving placement of the child in the 
39.21 	home of the prospective adoptive parent shall be completed before placing any child 
39.22 	under the guardianship of the commissioner in a home for adoption. If a prospective 
39.23 	adoptive parent has previously held a foster care license or adoptive home study, any 
39.24 	update necessary to the foster care license, or updated or new adoptive home study, if not 
39.25 	completed by the licensing authority responsible for the previous license or home study, 
39.26 	shall include collateral information from the previous licensing or approving agency, if 
39.27 	available.

39.28 	Sec. 38. [260C.613] SOCIAL SERVICES AGENCY AS COMMISSIONER'S 
39.29 	AGENT.
39.30 		Subdivision 1.Adoptive placement decisions. (a) The responsible social services 
39.31 	agency has exclusive authority to make an adoptive placement of a child under the 
39.32 	guardianship of the commissioner. The child shall be considered placed for adoption when 
40.1 	the adopting parent, the agency, and the commissioner have fully executed an adoption 
40.2 	placement agreement on the form prescribed by the commissioner.
40.3 	(b) The responsible social services agency shall use an individualized determination 
40.4 	of the child's current needs pursuant to section 260C.212, subdivision 2, paragraph (b), to 
40.5 	determine the most suitable adopting parent for the child in the child's best interests.
40.6 	(c) The responsible social services agency shall notify the court and parties entitled 
40.7 	to notice under section 260C.607, subdivision 2, when there is a fully executed adoption 
40.8 	placement agreement for the child.
40.9 	(d) In the event an adoption placement agreement terminates, the responsible 
40.10 	social services agency shall notify the court, the parties entitled to notice under section 
40.11 	260C.607, subdivision 2, and the commissioner that the agreement and the adoptive 
40.12 	placement have terminated.
40.13 		Subd. 2.Disclosure of data permitted to identify adoptive parent. The 
40.14 	responsible social services agency may disclose private data, as defined in section 13.02, to 
40.15 	prospective adoptive parents for the purpose of identifying an adoptive parent willing and 
40.16 	able to meet the child's needs as outlined in section 260C.212, subdivision 2, paragraph (b).
40.17 		Subd. 3.Siblings placed together. The responsible social services agency shall 
40.18 	place siblings together for adoption according to section 260.012, paragraph (e), clause 
40.19 	(4), unless:
40.20 	(1) the court makes findings required under section 260C.617; and
40.21 	(2) the court orders that the adoption or progress toward adoption of the child under 
40.22 	the court's jurisdiction may proceed notwithstanding that the adoption will result in 
40.23 	siblings being separated.
40.24 		Subd. 4.Other considerations. Placement of a child cannot be delayed or denied 
40.25 	based on the race, color, or national origin of the prospective parent or the child.
40.26 		Subd. 5.Required record keeping. The responsible social services agency 
40.27 	shall document, in the records required to be kept under section 259.79, the reasons 
40.28 	for the adoptive placement decision regarding the child, including the individualized 
40.29 	determination of the child's needs based on the factors in section 260C.212, subdivision 
40.30 	2, paragraph (b), and the assessment of how the selected adoptive placement meets the 
40.31 	identified needs of the child. The responsible social services agency shall retain in the 
40.32 	records required to be kept under section 259.79, copies of all out-of-home placement 
40.33 	plans made since the child was ordered under guardianship of the commissioner and all 
40.34 	court orders from reviews conducted pursuant to section 260C.607.
40.35 		Subd. 6.Death notification. (a) The agency shall inform the adoptive parents 
40.36 	that the adoptive parents of an adopted child under age 19 or an adopted person age 19 
41.1 	or older may maintain a current address on file with the agency and indicate a desire to 
41.2 	be notified if the agency receives information of the death of a birth parent. The agency 
41.3 	shall notify birth parents of the child's death and the cause of death, if known, provided 
41.4 	that the birth parents desire notice and maintain current addresses on file with the agency. 
41.5 	The agency shall inform birth parents entitled to notice under section 259.27, that they 
41.6 	may designate individuals to notify the agency if a birth parent dies and that the agency 
41.7 	receiving information of the birth parent's death will share the information with adoptive 
41.8 	parents, if the adopted person is under age 19, or an adopted person age 19 or older who 
41.9 	has indicated a desire to be notified of the death of a birth parent and who maintains 
41.10 	a current address on file with the agency.
41.11 	(b) Notice to a birth parent that a child has died or to the adoptive parents or an 
41.12 	adopted person age 19 or older that a birth parent has died shall be provided by an 
41.13 	employee of the agency through personal and confidential contact, but not by mail.
41.14 		Subd. 7.Terminal illness notification. If a birth parent or the child is terminally ill, 
41.15 	the responsible social services agency shall inform the adoptive parents and birth parents 
41.16 	of a child who is adopted that the birth parents, the adoptive parents of an adopted person 
41.17 	under age 19, or an adopted person age 19 or older may request to be notified of the 
41.18 	terminal illness. The agency shall notify the other parties if a request is received under 
41.19 	this subdivision and upon a party's request the agency shall share information regarding a 
41.20 	terminal illness with the adoptive or birth parents or an adopted person age 19 or older.
41.21 		Subd. 8.Postadoption search services. The responsible social services agency 
41.22 	shall respond to requests from adopted persons age 19 years and over, adoptive parents 
41.23 	of a minor child, and birth parents for social and medical history and genetic health 
41.24 	conditions of the adopted person's birth family and genetic sibling information according 
41.25 	to section 259.83.

41.26 	Sec. 39. [260C.615] DUTIES OF COMMISSIONER.
41.27 		Subdivision 1.Duties. (a) For any child who is under the guardianship of the 
41.28 	commissioner, the commissioner has the exclusive rights to consent to:
41.29 	(1) the medical care plan for the treatment of a child who is at imminent risk of death 
41.30 	or who has a chronic disease that, in a physician's judgment, will result in the child's death 
41.31 	in the near future including a physician's order not to resuscitate or intubate the child; and
41.32 	(2) the child donating a part of the child's body to another person while the child is 
41.33 	living; the decision to donate a body part under this clause shall take into consideration 
41.34 	the child's wishes and the child's culture.
42.1 	(b) In addition to the exclusive rights under paragraph (a), the commissioner has 
42.2 	a duty to:
42.3 	(1) process any complete and accurate request for home study and placement 
42.4 	through the Interstate Compact on the Placement of Children under section 260.851;
42.5 	(2) process any complete and accurate application for adoption assistance forwarded 
42.6 	by the responsible social services agency according to chapter 259A;
42.7 	(3) complete the execution of an adoption placement agreement forwarded to the 
42.8 	commissioner by the responsible social services agency and return it to the agency in a 
42.9 	timely fashion; and
42.10 	(4) maintain records as required in chapter 259.
42.11 		Subd. 2.Duties not reserved. All duties, obligations, and consents not specifically 
42.12 	reserved to the commissioner in this section are delegated to the responsible social 
42.13 	services agency.

42.14 	Sec. 40. [260C.617] SIBLING PLACEMENT.
42.15 	(a) The responsible social services agency shall make every effort to place siblings 
42.16 	together for adoption.
42.17 	(b) The court shall review any proposal by the responsible social services agency to 
42.18 	separate siblings for purposes of adoption.
42.19 	(c) If there is venue in more than one county for matters regarding siblings who are 
42.20 	under the guardianship of the commissioner, the judges conducting reviews regarding 
42.21 	the siblings shall communicate with each other about the siblings' needs and, where 
42.22 	appropriate, shall conduct review hearings in a manner that ensures coordinated planning 
42.23 	by agencies involved in decision making for the siblings.
42.24 	(d) After notice to the individuals and entities listed in section 260C.627, the foster 
42.25 	or prospective adoptive parent of the child, and any foster, adopting, or adoptive parents 
42.26 	of the child's siblings, or relatives with permanent legal and physical custody of the 
42.27 	child's sibling, and upon hearing, the court may determine that a child under the court's 
42.28 	jurisdiction may be separated from the child's sibling for adoption when:
42.29 	(1) the responsible social services agency has made reasonable efforts to place the 
42.30 	siblings together, and after finding reasonable efforts have been made, the court finds 
42.31 	further efforts would significantly delay the adoption of one or more of the siblings and 
42.32 	are therefore not in the best interests of one or more of the siblings; or
42.33 	(2) the court determines it is not in the best interests of one or more of the siblings to 
42.34 	be placed together after reasonable efforts by the responsible social services agency to 
42.35 	place the siblings together.

43.1 	Sec. 41. [260C.619] COMMUNICATION AND CONTACT AGREEMENTS.
43.2 	(a) An adopting parent and a relative or foster parent of the child may enter into an 
43.3 	agreement regarding communication with or contact between the adopted child, adopting 
43.4 	parent, and the relative or foster parent. An agreement may be entered between:
43.5 	(1) an adopting parent and a birth parent;
43.6 	(2) an adopting parent and any relative or foster parent with whom the child resided 
43.7 	before being adopted; and
43.8 	(3) an adopting parent and the parent or legal custodian of a sibling of the child, if 
43.9 	the sibling is a minor, or any adult sibling of the child.
43.10 	(b) An agreement regarding communication with or contact between the child, 
43.11 	adoptive parents, and a relative or foster parent, is enforceable when the terms of the 
43.12 	agreement are contained in a written court order. The order must be issued before or at the 
43.13 	time of the granting of the decree of adoption. The order granting the communication, 
43.14 	contact, or visitation shall be filed in the adoption file.
43.15 	(c) The court shall mail a certified copy of the order to the parties to the agreement or 
43.16 	their representatives at the addresses provided by the parties to the agreement. Service shall 
43.17 	be completed in a manner that maintains the confidentiality of confidential information.
43.18 	(d) The court shall not enter a proposed order unless the terms of the order have been 
43.19 	approved in writing by the prospective adoptive parents, the birth relative, the foster 
43.20 	parent, or the birth parent or legal custodian of the child's sibling who desires to be a party 
43.21 	to the agreement, and the responsible social services agency.
43.22 	(e) An agreement under this section need not disclose the identity of the parties to be 
43.23 	legally enforceable and when the identity of the parties to the agreement is not disclosed, 
43.24 	data about the identities in the adoption file shall remain confidential.
43.25 	(f) The court shall not enter a proposed order unless the court finds that the 
43.26 	communication or contact between the minor adoptee, the adoptive parents, and the 
43.27 	relative, foster parents, or siblings as agreed upon and contained in the proposed order, 
43.28 	would be in the child's best interests.
43.29 	(g) Failure to comply with the terms of an order regarding communication or contact 
43.30 	that has been entered by the court under this section is not grounds for:
43.31 	(1) setting aside an adoption decree; or
43.32 	(2) revocation of a written consent to an adoption after that consent has become 
43.33 	irrevocable.
43.34 	(h) An order regarding communication or contact entered under this section may be 
43.35 	enforced by filing a motion in the existing adoption file with the court that entered the 
43.36 	contact agreement. Any party to the communication or contact order or the child who is 
44.1 	the subject of the order has standing to file the motion to enforce the order. The prevailing 
44.2 	party may be awarded reasonable attorney fees and costs.
44.3 	(i) The court shall not modify an order under this section unless it finds that the 
44.4 	modification is necessary to serve the best interests of the child, and:
44.5 	(1) the modification is agreed to by the parties to the agreement; or
44.6 	(2) exceptional circumstances have arisen since the order was entered that justified 
44.7 	modification of the order.

44.8 	Sec. 42. [260C.621] JURISDICTION AND VENUE.
44.9 		Subdivision 1.Jurisdiction. (a) The juvenile court has original jurisdiction for all 
44.10 	adoption proceedings involving the adoption of a child under the guardianship of the 
44.11 	commissioner, including when the commissioner approves the placement of the child 
44.12 	through the Interstate Compact on the Placement of Children under section 260.851 for 
44.13 	adoption outside the state of Minnesota and an adoption petition is filed in Minnesota.
44.14 	(b) The receiving state also has jurisdiction to conduct an adoption proceeding for a 
44.15 	child under the guardianship of the commissioner when the adopting home was approved 
44.16 	by the receiving state through the interstate compact.
44.17 		Subd. 2.Venue. (a) Venue for the adoption of a child committed to the guardianship 
44.18 	of the commissioner of human services shall be the court conducting reviews in the matter 
44.19 	according to section 260C.607.
44.20 	(b) Upon request of the responsible social services agency, the court conducting 
44.21 	reviews under section 260C.607 may order that filing an adoption petition involving a 
44.22 	child under the guardianship of the commissioner be permitted in the county where the 
44.23 	adopting parent resides upon determining that:
44.24 	(1) there is no motion for an order for adoptive placement of the child that has been 
44.25 	filed or is reasonably anticipated by the responsible social services agency to be filed; and
44.26 	(2) filing the petition in the adopting parent's county of residence will expedite the 
44.27 	proceedings and serve the best interests of the child.
44.28 	(c) When the court issues an order under paragraph (b), a copy of the court order 
44.29 	shall be filed together with the adoption petition in the court of the adopting parent's 
44.30 	county of residence.
44.31 	(d) The court shall notify the court conducting reviews under section 260C.607 when 
44.32 	the adoption is finalized so that the court conducting reviews under section 260C.607 may 
44.33 	close its jurisdiction and the court record, including the court's electronic case record, in 
44.34 	the county conducting the reviews, shall reflect that adoption of the child was finalized.

45.1 	Sec. 43. [260C.623] ADOPTION PETITION.
45.2 		Subdivision 1.Who may petition. (a) The responsible social services agency may 
45.3 	petition for the adopting parent to adopt a child who is under the guardianship of the 
45.4 	commissioner. The petition shall contain or have attached a statement certified by the 
45.5 	adopting parent that the adopting parent desires that the relationship of parent and child 
45.6 	be established between the adopting parent and the child and that adoption is in the best 
45.7 	interests of the child.
45.8 	(b) The adopting parent may petition the court for adoption of the child.
45.9 	(c) An adopting parent must be at least 21 years of age at the time the adoption 
45.10 	petition is filed unless the adopting parent is an individual related to the child, as defined 
45.11 	by section 245A.02, subdivision 13.
45.12 	(d) The petition may be filed in Minnesota by an adopting parent who resides within 
45.13 	or outside the state.
45.14 		Subd. 2.Time for filing petition. (a) An adoption petition shall be filed not later 
45.15 	than nine months after the date of the fully executed adoption placement agreement unless 
45.16 	the court finds that:
45.17 	(1) the time for filing a petition be extended because of the child's special needs 
45.18 	as defined under title IV-E of the federal Social Security Act, United States Code, title 
45.19 	42, section 672; or
45.20 	(2) based on a written plan for completing filing of the petition, including a specific 
45.21 	timeline, to which the adopting parent has agreed, the time for filing a petition be extended 
45.22 	long enough to complete the plan because an extension is in the best interests of the child 
45.23 	and additional time is needed for the child to adjust to the adoptive home.
45.24 	(b) If an adoption petition is not filed within nine months of the execution of the 
45.25 	adoption placement agreement as required under section 260C.613, subdivision 1, and 
45.26 	after giving the adopting parent written notice of its request together with the date and 
45.27 	time of the hearing set to consider its report, the responsible social services agency shall 
45.28 	file a report requesting an order for one of the following:
45.29 	(1) that the time for filing a petition be extended because of the child's special needs 
45.30 	as defined under title IV-E of the federal Social Security Act, United States Code, title 
45.31 	42, section 673;
45.32 	(2) that, based on a written plan for completing filing of the petition, including a 
45.33 	specific timeline, to which the adopting parent has agreed, the time for filing a petition can 
45.34 	be extended long enough to complete the plan because an extension is in the best interests 
45.35 	of the child and additional time is needed for the child to adjust to the adoptive home; or
45.36 	(3) that the child can be removed from the adopting home.
46.1 	(c) At the conclusion of the review, the court shall issue findings, appropriate orders 
46.2 	for the parties to take action or steps required to advance the case toward a finalized 
46.3 	adoption, and set the date and time for the next review hearing.
46.4 		Subd. 3.Requirements of petition. (a) The petition shall be captioned in the legal 
46.5 	name of the child as that name is reflected on the child's birth record prior to adoption and 
46.6 	shall be entitled "Petition to Adopt Child under the Guardianship of the Commissioner 
46.7 	of Human Services." The actual name of the child shall be supplied to the court by the 
46.8 	responsible social services agency if unknown to the individual with whom the agency 
46.9 	has made the adoptive placement.
46.10 	(b) The adoption petition shall be verified as required in section 260C.141, 
46.11 	subdivision 4, and, if filed by the responsible social services agency, signed and approved 
46.12 	by the county attorney.
46.13 	(c) The petition shall state:
46.14 	(1) the full name, age, and place of residence of the adopting parent;
46.15 	(2) if the adopting parents are married, the date and place of marriage;
46.16 	(3) the date the adopting parent acquired physical custody of the child;
46.17 	(4) the date of the adoptive placement by the responsible social services agency;
46.18 	(5) the date of the birth of the child, if known, and the county, state, and country 
46.19 	where born;
46.20 	(6) the name to be given the child, if a change of name is desired;
46.21 	(7) the description and value of any real or personal property owned by the child;
46.22 	(8) the relationship of the adopting parent to the child prior to adoptive placement, if 
46.23 	any;
46.24 	(9) whether the Indian Child Welfare Act does or does not apply; and
46.25 	(10) the name and address of:
46.26 	(i) the child's guardian ad litem;
46.27 	(ii) the adoptee, if age ten or older;
46.28 	(iii) the child's Indian tribe, if the child is an Indian child; and
46.29 	(iv) the responsible social services agency.
46.30 	(d) A petition may ask for the adoption of two or more children.
46.31 	(e) If a petition is for adoption by a married person, both spouses must sign the 
46.32 	petition indicating willingness to adopt the child and the petition must ask for adoption by 
46.33 	both spouses unless the court approves adoption by only one spouse when spouses do not 
46.34 	reside together or for other good cause shown.
47.1 	(f) If the petition is for adoption by a person residing outside the state, the adoptive 
47.2 	placement must have been approved by the state where the person is a resident through the 
47.3 	Interstate Compact on the Placement of Children, sections 260.851 to 260.92.
47.4 		Subd. 4.Attachments to the petition. The following must be filed with the petition:
47.5 	(1) the adoption study report required under section 259.41;
47.6 	(2) the social and medical history required under sections 259.43 and 260C.609; and
47.7 	(3) a document prepared by the petitioner that establishes who must be given notice 
47.8 	under section 260C.627, subdivision 1, that includes the names and mailing addresses of 
47.9 	those to be served by the court administrator.

47.10 	Sec. 44. [260C.625] DOCUMENTS FILED BY SOCIAL SERVICES AGENCY.
47.11 	(a) The following shall be filed by the responsible social services agency prior to 
47.12 	finalization of the adoption:
47.13 	(1) a certified copy of the child's birth record;
47.14 	(2) a certified copy of the findings and order terminating parental rights or order 
47.15 	accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for 
47.16 	guardianship to the commissioner;
47.17 	(3) a copy of any communication or contact agreement under section 260C.619;
47.18 	(4) certification that the Minnesota Fathers' Adoption Registry has been searched 
47.19 	which requirement may be met according to the requirements of the Minnesota Rules of 
47.20 	Adoption Procedure, Rule 32.01, subdivision 2;
47.21 	(5) the original of each consent to adoption required, if any, unless the original was 
47.22 	filed in the permanency proceeding conducted under section 260C.515, subdivision 3, and 
47.23 	the order filed under clause (2) has a copy of the consent attached; and
47.24 	(6) the postplacement assessment report required under section 259.53, subdivision 
47.25 	2.
47.26 	(b) The responsible social services agency shall provide any known aliases of the 
47.27 	child to the court.

47.28 	Sec. 45. [260C.627] NOTICE OF ADOPTION PROCEEDINGS.
47.29 		Subdivision 1.To whom given. (a) Notice of the adoption proceedings shall not 
47.30 	be given to any parent whose rights have been terminated or who has consented to the 
47.31 	adoption of the child under this chapter.
47.32 	(b) Notice of the adoption proceedings shall be given to the following:
47.33 	(1) the child's tribe if the child is an Indian child;
47.34 	(2) the responsible social services agency;
48.1 	(3) the child's guardian ad litem;
48.2 	(4) the child, if the child is age ten or over;
48.3 	(5) the child's attorney; and
48.4 	(6) the adopting parent.
48.5 	(c) Notice of a hearing regarding the adoption petition shall have a copy of the 
48.6 	petition attached unless service of the petition has already been accomplished.
48.7 		Subd. 2.Method of service. Notice of adoption proceedings for a child under the 
48.8 	guardianship of the commissioner may be served by United States mail or any other 
48.9 	method approved by the Minnesota Rules of Adoption Procedure.

48.10 	Sec. 46. [260C.629] FINALIZATION HEARING.
48.11 		Subdivision 1.Consent. (a) A parent whose rights to the child have not been 
48.12 	terminated must consent to the adoption of the child. A parent may consent to the adoption 
48.13 	of the child under section 260C.515, subdivision 3, and that consent shall be irrevocable 
48.14 	upon acceptance by the court except as otherwise provided in section 260C.515, 
48.15 	subdivision 3, clause (2)(i). A parent of an Indian child may consent to the adoption of 
48.16 	the child according to United States Code, title 25, section 1913, and that consent may be 
48.17 	withdrawn for any reason at any time before the entry of a final decree of adoption.
48.18 	(b) When the child to be adopted is age 14 years or older, the child's written consent 
48.19 	to adoption by the adopting parent is required.
48.20 	(c) Consent by the responsible social services agency or the commissioner is not 
48.21 	required because the adoptive placement has been made by the responsible social services 
48.22 	agency.
48.23 		Subd. 2.Required documents. In order to issue a decree for adoption and enter 
48.24 	judgment accordingly, the court must have the following documents in the record:
48.25 	(1) original birth record of the child;
48.26 	(2) adoption study report including a background study required under section 
48.27 	259.41;
48.28 	(3) a certified copy of the findings and order terminating parental rights or order 
48.29 	accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for 
48.30 	guardianship to the commissioner;
48.31 	(4) any consents required under subdivision 1;
48.32 	(5) child's social and medical history under section 260C.609;
48.33 	(6) postplacement assessment report required under section 259.53, subdivision 2, 
48.34 	unless waived by the court on the record at a hearing under section 260C.607; and
48.35 	(7) report from the child's guardian ad litem.

49.1 	Sec. 47. [260C.631] JUDGMENT AND DECREE.
49.2 	(a) After taking testimony from the responsible social services agency, which may 
49.3 	be by telephone or affidavit if the court has transferred venue of the matter to a county 
49.4 	not conducting the posttermination of parental rights reviews under section 260C.607, 
49.5 	and the adopting parent, if the court finds that it is in the best interests of the child that 
49.6 	the petition be granted, a decree of adoption shall be issued ordering that the child to be 
49.7 	adopted shall be the child of the adopting parent. In the decree, the court may change the 
49.8 	name of the adopted child, if a name change is requested.
49.9 	(b) After the decree is granted, the court administrator shall mail a copy of the decree 
49.10 	to the commissioner of human services.

49.11 	Sec. 48. [260C.633] ADOPTION DENIED.
49.12 	(a) If the court is not satisfied that the proposed adoption is in the best interests of 
49.13 	the child to be adopted, the court shall deny the petition, and order the responsible social 
49.14 	services agency to take appropriate action for the protection and safety of the child. If 
49.15 	venue has been transferred under section 260C.621, subdivision 2, the court denying 
49.16 	the petition shall notify the court originally conducting the guardianship reviews under 
49.17 	section 260C.607.
49.18 	(b) The court responsible for conducting reviews under section 260C.607 shall set a 
49.19 	hearing within 30 days of receiving notice of denial of the petition.
49.20 	(c) Any appeal of the denial of an adoption petition under this section shall be made 
49.21 	according to the requirements of the Minnesota Rules of Adoption Procedure.

49.22 	Sec. 49. [260C.635] EFFECT OF ADOPTION.
49.23 		Subdivision 1.Legal effect. (a) Upon adoption, the adopted child becomes the legal 
49.24 	child of the adopting parent and the adopting parent becomes the legal parent of the child 
49.25 	with all the rights and duties between them of a birth parent and child.
49.26 	(b) The child shall inherit from the adoptive parent and the adoptive parent's 
49.27 	relatives the same as though the child were the birth child of the parent, and in case of the 
49.28 	child's death intestate, the adoptive parent and the adoptive parent's relatives shall inherit 
49.29 	the child's estate as if the child had been the adoptive parent's birth child.
49.30 	(c) After a decree of adoption is entered, the birth parents or previous legal parents 
49.31 	of the child shall be relieved of all parental responsibilities for the child except child 
49.32 	support that has accrued to the date of the order for guardianship to the commissioner 
49.33 	which continues to be due and owing. The child's birth or previous legal parent shall not 
50.1 	exercise or have any rights over the adopted child or the adopted child's property, person, 
50.2 	privacy, or reputation.
50.3 	(d) The adopted child shall not owe the birth parents or the birth parent's relatives 
50.4 	any legal duty nor shall the adopted child inherit from the birth parents or kindred unless 
50.5 	otherwise provided for in a will of the birth parent or kindred.
50.6 	(e) Upon adoption, the court shall complete a certificate of adoption form and mail 
50.7 	the form to the Office of the State Registrar at the Minnesota Department of Health. Upon 
50.8 	receiving the certificate of adoption, the state registrar shall register a replacement vital 
50.9 	record in the new name of the adopted child as required under section 144.218.
50.10 		Subd. 2.Enrollment in American Indian tribe. Notwithstanding the provisions 
50.11 	of subdivision 1, the adoption of a child whose birth parent or parents are enrolled in an 
50.12 	American Indian tribe shall not change the child's enrollment in that tribe.
50.13 		Subd. 3.Communication or contact agreements. This section does not prohibit 
50.14 	birth parents, relatives, birth or legal siblings, and adoptive parents from entering a 
50.15 	communication or contact agreement under section 260C.619.

50.16 	Sec. 50. [260C.637] ACCESS TO ORIGINAL BIRTH RECORD 
50.17 	INFORMATION.
50.18 	An adopted person may ask the commissioner of health to disclose the information 
50.19 	on the adopted person's original birth record according to section 259.89.

50.20 	Sec. 51. Minnesota Statutes 2010, section 518A.40, subdivision 4, is amended to read:
50.21 		Subd. 4.Change in child care. (a) When a court order provides for child care 
50.22 	expenses, and child care support is not assigned under section 256.741, the public 
50.23 	authority, if the public authority provides child support enforcement services, must 
50.24 	suspend collecting the amount allocated for child care expenses when:
50.25 	(1) either party informs the public authority that no child care costs are being 
50.26 	incurred; and:
50.27 	(2) (1) the public authority verifies the accuracy of the information with the obligee.; 
50.28 	or
50.29 	(2) the obligee fails to provide verification to the public authority within 30 days 
50.30 	after a request for information regarding child care costs.
50.31 	The suspension is effective as of the first day of the month following the date that the 
50.32 	public authority received the verification verified the information with the obligee or the 
50.33 	obligee failed to provide information. The public authority will resume collecting child 
50.34 	care expenses when either party provides information that child care costs have resumed
51.1 	are incurred, or when a child care support assignment takes effect under section 256.741, 
51.2 	subdivision 4. The resumption is effective as of the first day of the month after the date 
51.3 	that the public authority received the information.
51.4 	(b) If the parties provide conflicting information to the public authority regarding 
51.5 	whether child care expenses are being incurred, or if the public authority is unable to 
51.6 	verify with the obligee that no child care costs are being incurred, the public authority will 
51.7 	continue or resume collecting child care expenses. Either party, by motion to the court, 
51.8 	may challenge the suspension, continuation, or resumption of the collection of child care 
51.9 	expenses under this subdivision. If the public authority suspends collection activities 
51.10 	for the amount allocated for child care expenses, all other provisions of the court order 
51.11 	remain in effect.
51.12 	(c) In cases where there is a substantial increase or decrease in child care expenses, 
51.13 	the parties may modify the order under section 518A.39.

51.14 	Sec. 52. Minnesota Statutes 2010, section 541.04, is amended to read:
51.15 	541.04 JUDGMENTS, TEN OR 20 YEARS.
51.16 	No action shall be maintained upon a judgment or decree of a court of the United 
51.17 	States, or of any state or territory thereof, unless begun within ten years after the entry of 
51.18 	such judgment or, in the case of a judgment for child support, including a judgment by 
51.19 	operation of law, unless begun within 20 years after entry of the judgment.

51.20 	EFFECTIVE DATE. The amendments to this section are effective retroactively 
51.21 	from April 15, 2010, the date the language stricken in this section was finally enacted.

51.22 	Sec. 53. Minnesota Statutes 2010, section 548.09, subdivision 1, is amended to read:
51.23 		Subdivision 1.Entry and docketing; survival of judgment. Except as provided 
51.24 	in section 548.091, every judgment requiring the payment of money shall be entered 
51.25 	by the court administrator when ordered by the court and will be docketed by the court 
51.26 	administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript 
51.27 	of the docket being filed with the court administrator in any other county, the court 
51.28 	administrator shall also docket it. From the time of docketing the judgment is a lien, in 
51.29 	the amount unpaid, upon all real property in the county then or thereafter owned by the 
51.30 	judgment debtor, but it is not a lien upon registered land unless it is also recorded pursuant 
51.31 	to sections 508.63 and 508A.63. The judgment survives, and the lien continues, for ten 
51.32 	years after its entry or, in the case of a judgment for child support, including a judgment 
52.1 	by operation of law, for 20 years after its entry. Child support judgments may be renewed 
52.2 	pursuant to section 548.091.

52.3 	EFFECTIVE DATE. The amendments to this section are effective retroactively 
52.4 	from April 15, 2010, the date the language stricken in this section was finally enacted.

52.5 	Sec. 54. Minnesota Statutes 2010, section 609.3785, is amended to read:
52.6 	609.3785 UNHARMED NEWBORNS LEFT AT HOSPITALS; AVOIDANCE 
52.7 	OF PROSECUTION.
52.8 	A person may leave a newborn with a hospital an employee at a hospital safe place 
52.9 	or with a 911 responder in this state without being subjected to prosecution for that act, 
52.10 	provided that:
52.11 	(1) the newborn was born within 72 hours seven days of being left at the hospital a 
52.12 	safe place or with a 911 responder, as determined within a reasonable degree of medical 
52.13 	certainty;
52.14 	(2) the newborn is left in an unharmed condition; and
52.15 	(3) in cases where the person leaving the newborn is not the newborn's mother, the 
52.16 	person has the mother's approval to do so.

52.17 	Sec. 55. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:
52.18 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
52.19 	given them unless the specific content indicates otherwise:
52.20 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
52.21 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
52.22 	child maltreatment report that does not allege substantial child endangerment. Family 
52.23 	assessment does not include a determination as to whether child maltreatment occurred 
52.24 	but does determine the need for services to address the safety of family members and the 
52.25 	risk of subsequent maltreatment.
52.26 	(b) "Investigation" means fact gathering related to the current safety of a child 
52.27 	and the risk of subsequent maltreatment that determines whether child maltreatment 
52.28 	occurred and whether child protective services are needed. An investigation must be used 
52.29 	when reports involve substantial child endangerment, and for reports of maltreatment in 
52.30 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
52.31 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
52.32 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
52.33 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
53.1 	(c) "Substantial child endangerment" means a person responsible for a child's care, 
53.2 	and in the case of sexual abuse includes a person who has a significant relationship to the 
53.3 	child as defined in section 609.341, or a person in a position of authority as defined in 
53.4 	section 609.341, who by act or omission commits or attempts to commit an act against a 
53.5 	child under their care that constitutes any of the following:
53.6 	(1) egregious harm as defined in section 260C.007, subdivision 14;
53.7 	(2) sexual abuse as defined in paragraph (d);
53.8 	(3) abandonment under section 260C.301, subdivision 2;
53.9 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
53.10 	child's physical or mental health, including a growth delay, which may be referred to as 
53.11 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
53.12 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
53.13 	609.195;
53.14 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
53.15 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
53.16 	609.223;
53.17 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
53.18 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
53.19 	(10) solicitation of children to engage in sexual conduct under section 609.352;
53.20 	(11) malicious punishment or neglect or endangerment of a child under section 
53.21 	609.377 or 609.378;
53.22 	(12) use of a minor in sexual performance under section 617.246; or
53.23 	(13) parental behavior, status, or condition which mandates that the county attorney 
53.24 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
53.25 	paragraph (a).
53.26 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
53.27 	child's care, by a person who has a significant relationship to the child, as defined in 
53.28 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
53.29 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
53.30 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
53.31 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
53.32 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
53.33 	abuse also includes any act which involves a minor which constitutes a violation of 
53.34 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
53.35 	threatened sexual abuse.
54.1 	(e) "Person responsible for the child's care" means (1) an individual functioning 
54.2 	within the family unit and having responsibilities for the care of the child such as a 
54.3 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
54.4 	functioning outside the family unit and having responsibilities for the care of the child 
54.5 	such as a teacher, school administrator, other school employees or agents, or other lawful 
54.6 	custodian of a child having either full-time or short-term care responsibilities including, 
54.7 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
54.8 	and coaching.
54.9 	(f) "Neglect" means the commission or omission of any of the acts specified under 
54.10 	clauses (1) to (9), other than by accidental means:
54.11 	(1) failure by a person responsible for a child's care to supply a child with necessary 
54.12 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
54.13 	mental health when reasonably able to do so;
54.14 	(2) failure to protect a child from conditions or actions that seriously endanger the 
54.15 	child's physical or mental health when reasonably able to do so, including a growth delay, 
54.16 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
54.17 	is due to parental neglect;
54.18 	(3) failure to provide for necessary supervision or child care arrangements 
54.19 	appropriate for a child after considering factors as the child's age, mental ability, physical 
54.20 	condition, length of absence, or environment, when the child is unable to care for the 
54.21 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
54.22 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
54.23 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
54.24 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
54.25 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
54.26 	because the child's parent, guardian, or other person responsible for the child's care in 
54.27 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
54.28 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
54.29 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
54.30 	if a lack of medical care may cause serious danger to the child's health. This section does 
54.31 	not impose upon persons, not otherwise legally responsible for providing a child with 
54.32 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
54.33 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
54.34 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
54.35 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
55.1 	delivery or the child at birth, or medical effects or developmental delays during the child's 
55.2 	first year of life that medically indicate prenatal exposure to a controlled substance;
55.3 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
55.4 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
55.5 	person responsible for the care of the child that adversely affects the child's basic needs 
55.6 	and safety; or
55.7 	(9) emotional harm from a pattern of behavior which contributes to impaired 
55.8 	emotional functioning of the child which may be demonstrated by a substantial and 
55.9 	observable effect in the child's behavior, emotional response, or cognition that is not 
55.10 	within the normal range for the child's age and stage of development, with due regard to 
55.11 	the child's culture.
55.12 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
55.13 	inflicted by a person responsible for the child's care on a child other than by accidental 
55.14 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
55.15 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
55.16 	that have not been authorized under section 121A.67 or 245.825.
55.17 	Abuse does not include reasonable and moderate physical discipline of a child 
55.18 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
55.19 	not include the use of reasonable force by a teacher, principal, or school employee as 
55.20 	allowed by section 121A.582. Actions which are not reasonable and moderate include, 
55.21 	but are not limited to, any of the following that are done in anger or without regard to the 
55.22 	safety of the child:
55.23 	(1) throwing, kicking, burning, biting, or cutting a child;
55.24 	(2) striking a child with a closed fist;
55.25 	(3) shaking a child under age three;
55.26 	(4) striking or other actions which result in any nonaccidental injury to a child 
55.27 	under 18 months of age;
55.28 	(5) unreasonable interference with a child's breathing;
55.29 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
55.30 	(7) striking a child under age one on the face or head;
55.31 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
55.32 	substances which were not prescribed for the child by a practitioner, in order to control or 
55.33 	punish the child; or other substances that substantially affect the child's behavior, motor 
55.34 	coordination, or judgment or that results in sickness or internal injury, or subjects the 
55.35 	child to medical procedures that would be unnecessary if the child were not exposed 
55.36 	to the substances;
56.1 	(9) unreasonable physical confinement or restraint not permitted under section 
56.2 	609.379, including but not limited to tying, caging, or chaining; or
56.3 	(10) in a school facility or school zone, an act by a person responsible for the child's 
56.4 	care that is a violation under section 121A.58.
56.5 	(h) "Report" means any report received by the local welfare agency, police 
56.6 	department, county sheriff, or agency responsible for assessing or investigating 
56.7 	maltreatment pursuant to this section.
56.8 	(i) "Facility" means:
56.9 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
56.10 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
56.11 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
56.12 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
56.13 	124D.10; or
56.14 	(3) a nonlicensed personal care provider organization as defined in sections 256B.04, 
56.15 	subdivision 16, and 256B.0625, subdivision 19a.
56.16 	(j) "Operator" means an operator or agency as defined in section 245A.02.
56.17 	(k) "Commissioner" means the commissioner of human services.
56.18 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
56.19 	not limited to employee assistance counseling and the provision of guardian ad litem and 
56.20 	parenting time expeditor services.
56.21 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
56.22 	stability of a child as evidenced by an observable or substantial impairment in the child's 
56.23 	ability to function within a normal range of performance and behavior with due regard to 
56.24 	the child's culture.
56.25 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
56.26 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
56.27 	injury includes, but is not limited to, exposing a child to a person responsible for the 
56.28 	child's care, as defined in paragraph (e), clause (1), who has:
56.29 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
56.30 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
56.31 	similar law of another jurisdiction;
56.32 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
56.33 	(4), or a similar law of another jurisdiction;
56.34 	(3) committed an act that has resulted in an involuntary termination of parental rights 
56.35 	under section 260C.301, or a similar law of another jurisdiction; or
57.1 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
57.2 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
57.3 	paragraph (d), clause (1), or a similar law of another jurisdiction.
57.4 	A child is the subject of a report of threatened injury when the responsible social 
57.5 	services agency receives birth match data under paragraph (o) from the Department of 
57.6 	Human Services.
57.7 	(o) Upon receiving data under section 144.225, subdivision 2b, contained in a 
57.8 	birth record or recognition of parentage identifying a child who is subject to threatened 
57.9 	injury under paragraph (n), the Department of Human Services shall send the data to the 
57.10 	responsible social services agency. The data is known as "birth match" data. Unless the 
57.11 	responsible social services agency has already begun an investigation or assessment of the 
57.12 	report due to the birth of the child or execution of the recognition of parentage and the 
57.13 	parent's previous history with child protection, the agency shall accept the birth match 
57.14 	data as a report under this section. The agency may use either a family assessment or 
57.15 	investigation to determine whether the child is safe. All of the provisions of this section 
57.16 	apply. If the child is determined to be safe, the agency shall consult with the county 
57.17 	attorney to determine the appropriateness of filing a petition alleging the child is in need 
57.18 	of protection or services under section 260C.007, subdivision 6, clause (16), in order to 
57.19 	deliver needed services. If the child is determined not to be safe, the agency and the county 
57.20 	attorney shall take appropriate action as required under section 260C.301, subdivision 3.
57.21 	(o) (p) Persons who conduct assessments or investigations under this section 
57.22 	shall take into account accepted child-rearing practices of the culture in which a child 
57.23 	participates and accepted teacher discipline practices, which are not injurious to the child's 
57.24 	health, welfare, and safety.
57.25 	(p) (q) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 
57.26 	occurrence or event which:
57.27 	(1) is not likely to occur and could not have been prevented by exercise of due 
57.28 	care; and
57.29 	(2) if occurring while a child is receiving services from a facility, happens when the 
57.30 	facility and the employee or person providing services in the facility are in compliance 
57.31 	with the laws and rules relevant to the occurrence or event.
57.32 	(q) (r) "Nonmaltreatment mistake" means:
57.33 	(1) at the time of the incident, the individual was performing duties identified in the 
57.34 	center's child care program plan required under Minnesota Rules, part 9503.0045;
57.35 	(2) the individual has not been determined responsible for a similar incident that 
57.36 	resulted in a finding of maltreatment for at least seven years;
58.1 	(3) the individual has not been determined to have committed a similar 
58.2 	nonmaltreatment mistake under this paragraph for at least four years;
58.3 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
58.4 	remedies that are available over the counter, whether ordered by a medical professional or 
58.5 	not; and
58.6 	(5) except for the period when the incident occurred, the facility and the individual 
58.7 	providing services were both in compliance with all licensing requirements relevant to the 
58.8 	incident.
58.9 	This definition only applies to child care centers licensed under Minnesota 
58.10 	Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of 
58.11 	substantiated maltreatment by the individual, the commissioner of human services shall 
58.12 	determine that a nonmaltreatment mistake was made by the individual.

58.13 	Sec. 56. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:
58.14 		Subd. 10f.Notice of determinations. Within ten working days of the conclusion 
58.15 	of a family assessment, the local welfare agency shall notify the parent or guardian 
58.16 	of the child of the need for services to address child safety concerns or significant risk 
58.17 	of subsequent child maltreatment. The local welfare agency and the family may also 
58.18 	jointly agree that family support and family preservation services are needed. Within ten 
58.19 	working days of the conclusion of an investigation, the local welfare agency or agency 
58.20 	responsible for assessing or investigating the report shall notify the parent or guardian 
58.21 	of the child, the person determined to be maltreating the child, and if applicable, the 
58.22 	director of the facility, of the determination and a summary of the specific reasons for 
58.23 	the determination. When the investigation involves a child foster care setting that is 
58.24 	monitored by a private licensing agency under section 245A.16, the local welfare agency 
58.25 	responsible for assessing or investigating the report shall notify the private licensing 
58.26 	agency of the determination and shall provide a summary of the specific reasons for 
58.27 	the determination. The notice to the private licensing agency must include identifying 
58.28 	private data, but not the identity of the reporter of maltreatment. The notice must also 
58.29 	include a certification that the information collection procedures under subdivision 10, 
58.30 	paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to 
58.31 	obtain access to other private data on the subject collected, created, or maintained under 
58.32 	this section. In addition, the notice shall include the length of time that the records will be 
58.33 	kept under subdivision 11c. The investigating agency shall notify the parent or guardian 
58.34 	of the child who is the subject of the report, and any person or facility determined to 
58.35 	have maltreated a child, of their appeal or review rights under this section or section 
59.1 	256.022. The notice must also state that a finding of maltreatment may result in denial of a 
59.2 	license application or background study disqualification under chapter 245C related to 
59.3 	employment or services that are licensed by the Department of Human Services under 
59.4 	chapter 245A, the Department of Health under chapter 144 or 144A, the Department of 
59.5 	Corrections under section 241.021, and from providing services related to an unlicensed 
59.6 	personal care provider organization under chapter 256B.

59.7 	Sec. 57. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:
59.8 		Subd. 10i.Administrative reconsideration; review panel. (a) Administrative 
59.9 	reconsideration is not applicable in family assessments since no determination concerning 
59.10 	maltreatment is made. For investigations, except as provided under paragraph (e), an 
59.11 	individual or facility that the commissioner of human services, a local social service 
59.12 	agency, or the commissioner of education determines has maltreated a child, an interested 
59.13 	person acting on behalf of the child, regardless of the determination, who contests 
59.14 	the investigating agency's final determination regarding maltreatment, may request the 
59.15 	investigating agency to reconsider its final determination regarding maltreatment. The 
59.16 	request for reconsideration must be submitted in writing to the investigating agency within 
59.17 	15 calendar days after receipt of notice of the final determination regarding maltreatment 
59.18 	or, if the request is made by an interested person who is not entitled to notice, within 
59.19 	15 days after receipt of the notice by the parent or guardian of the child. If mailed, the 
59.20 	request for reconsideration must be postmarked and sent to the investigating agency 
59.21 	within 15 calendar days of the individual's or facility's receipt of the final determination. If 
59.22 	the request for reconsideration is made by personal service, it must be received by the 
59.23 	investigating agency within 15 calendar days after the individual's or facility's receipt of the 
59.24 	final determination. Effective January 1, 2002, an individual who was determined to have 
59.25 	maltreated a child under this section and who was disqualified on the basis of serious or 
59.26 	recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration 
59.27 	of the maltreatment determination and the disqualification. The request for reconsideration 
59.28 	of the maltreatment determination and the disqualification must be submitted within 30 
59.29 	calendar days of the individual's receipt of the notice of disqualification under sections 
59.30 	245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment 
59.31 	determination and the disqualification must be postmarked and sent to the investigating 
59.32 	agency within 30 calendar days of the individual's receipt of the maltreatment 
59.33 	determination and notice of disqualification. If the request for reconsideration is made by 
59.34 	personal service, it must be received by the investigating agency within 30 calendar days 
59.35 	after the individual's receipt of the notice of disqualification.
60.1 	(b) Except as provided under paragraphs (e) and (f), if the investigating agency 
60.2 	denies the request or fails to act upon the request within 15 working days after receiving 
60.3 	the request for reconsideration, the person or facility entitled to a fair hearing under section 
60.4 	256.045 may submit to the commissioner of human services or the commissioner of 
60.5 	education a written request for a hearing under that section. Section 256.045 also governs 
60.6 	hearings requested to contest a final determination of the commissioner of education. For 
60.7 	reports involving maltreatment of a child in a facility, an interested person acting on behalf 
60.8 	of the child may request a review by the Child Maltreatment Review Panel under section 
60.9 	256.022 if the investigating agency denies the request or fails to act upon the request or 
60.10 	if the interested person contests a reconsidered determination. The investigating agency 
60.11 	shall notify persons who request reconsideration of their rights under this paragraph. 
60.12 	The request must be submitted in writing to the review panel and a copy sent to the 
60.13 	investigating agency within 30 calendar days of receipt of notice of a denial of a request 
60.14 	for reconsideration or of a reconsidered determination. The request must specifically 
60.15 	identify the aspects of the agency determination with which the person is dissatisfied.
60.16 	(c) If, as a result of a reconsideration or review, the investigating agency changes 
60.17 	the final determination of maltreatment, that agency shall notify the parties specified in 
60.18 	subdivisions 10b, 10d, and 10f.
60.19 	(d) Except as provided under paragraph (f), if an individual or facility contests the 
60.20 	investigating agency's final determination regarding maltreatment by requesting a fair 
60.21 	hearing under section 256.045, the commissioner of human services shall assure that the 
60.22 	hearing is conducted and a decision is reached within 90 days of receipt of the request for 
60.23 	a hearing. The time for action on the decision may be extended for as many days as the 
60.24 	hearing is postponed or the record is held open for the benefit of either party.
60.25 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on 
60.26 	the basis of a determination of maltreatment, which was serious or recurring, and 
60.27 	the individual has requested reconsideration of the maltreatment determination under 
60.28 	paragraph (a) and requested reconsideration of the disqualification under sections 245C.21
60.29 	to 245C.27, reconsideration of the maltreatment determination and reconsideration of the 
60.30 	disqualification shall be consolidated into a single reconsideration. If reconsideration 
60.31 	of the maltreatment determination is denied and the individual remains disqualified 
60.32 	following a reconsideration decision, the individual may request a fair hearing under 
60.33 	section 256.045. If an individual requests a fair hearing on the maltreatment determination 
60.34 	and the disqualification, the scope of the fair hearing shall include both the maltreatment 
60.35 	determination and the disqualification.
61.1 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
61.2 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
61.3 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
61.4 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
61.5 	under section 245A.08, subdivision 2a, the scope of the contested case hearing shall 
61.6 	include the maltreatment determination, disqualification, and licensing sanction or denial 
61.7 	of a license. In such cases, a fair hearing regarding the maltreatment determination and 
61.8 	disqualification shall not be conducted under section 256.045. Except for family child 
61.9 	care and child foster care, reconsideration of a maltreatment determination as provided 
61.10 	under this subdivision, and reconsideration of a disqualification as provided under section 
61.11 	245C.22, shall also not be conducted when:
61.12 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
61.13 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
61.14 	or the disqualification of a license holder based on serious or recurring maltreatment;
61.15 	(2) the denial of a license or licensing sanction is issued at the same time as the 
61.16 	maltreatment determination or disqualification; and
61.17 	(3) the license holder appeals the maltreatment determination or disqualification, and 
61.18 	denial of a license or licensing sanction.
61.19 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
61.20 	determination or disqualification, but does not appeal the denial of a license or a licensing 
61.21 	sanction, reconsideration of the maltreatment determination shall be conducted under 
61.22 	sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the 
61.23 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 
61.24 	shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 
61.25 	626.557, subdivision 9d.
61.26 	If the disqualified subject is an individual other than the license holder and upon 
61.27 	whom a background study must be conducted under chapter 245C, the hearings of all 
61.28 	parties may be consolidated into a single contested case hearing upon consent of all parties 
61.29 	and the administrative law judge.
61.30 	(g) For purposes of this subdivision, "interested person acting on behalf of the 
61.31 	child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult 
61.32 	stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been 
61.33 	determined to be the perpetrator of the maltreatment.

61.34 	Sec. 58. Minnesota Statutes 2010, section 626.556, subdivision 11, is amended to read:
62.1 		Subd. 11.Records. (a) Except as provided in paragraph (b) or (d) and subdivisions 
62.2 	10b, 10d, 10g, and 11b, all records concerning individuals maintained by a local welfare 
62.3 	agency or agency responsible for assessing or investigating the report under this 
62.4 	section, including any written reports filed under subdivision 7, shall be private data on 
62.5 	individuals, except insofar as copies of reports are required by subdivision 7 to be sent to 
62.6 	the local police department or the county sheriff. All records concerning determinations 
62.7 	of maltreatment by a facility are nonpublic data as maintained by the Department of 
62.8 	Education, except insofar as copies of reports are required by subdivision 7 to be sent 
62.9 	to the local police department or the county sheriff. Reports maintained by any police 
62.10 	department or the county sheriff shall be private data on individuals except the reports 
62.11 	shall be made available to the investigating, petitioning, or prosecuting authority, including 
62.12 	county medical examiners or county coroners. Section 13.82, subdivisions 8, 9, and 14, 
62.13 	apply to law enforcement data other than the reports. The local social services agency or 
62.14 	agency responsible for assessing or investigating the report shall make available to the 
62.15 	investigating, petitioning, or prosecuting authority, including county medical examiners or 
62.16 	county coroners or their professional delegates, any records which contain information 
62.17 	relating to a specific incident of neglect or abuse which is under investigation, petition, or 
62.18 	prosecution and information relating to any prior incidents of neglect or abuse involving 
62.19 	any of the same persons. The records shall be collected and maintained in accordance with 
62.20 	the provisions of chapter 13. In conducting investigations and assessments pursuant to 
62.21 	this section, the notice required by section 13.04, subdivision 2, need not be provided to a 
62.22 	minor under the age of ten who is the alleged victim of abuse or neglect. An individual 
62.23 	subject of a record shall have access to the record in accordance with those sections, 
62.24 	except that the name of the reporter shall be confidential while the report is under 
62.25 	assessment or investigation except as otherwise permitted by this subdivision. Any person 
62.26 	conducting an investigation or assessment under this section who intentionally discloses 
62.27 	the identity of a reporter prior to the completion of the investigation or assessment is 
62.28 	guilty of a misdemeanor. After the assessment or investigation is completed, the name of 
62.29 	the reporter shall be confidential. The subject of the report may compel disclosure of the 
62.30 	name of the reporter only with the consent of the reporter or upon a written finding by 
62.31 	the court that the report was false and that there is evidence that the report was made in 
62.32 	bad faith. This subdivision does not alter disclosure responsibilities or obligations under 
62.33 	the Rules of Criminal Procedure.
62.34 	(b) Upon request of the legislative auditor, data on individuals maintained under 
62.35 	this section must be released to the legislative auditor in order for the auditor to fulfill the 
63.1 	auditor's duties under section 3.971. The auditor shall maintain the data in accordance 
63.2 	with chapter 13.
63.3 	(c) The commissioner of education must be provided with all requested data that are 
63.4 	relevant to a report of maltreatment and are in possession of a school facility as defined 
63.5 	in subdivision 2, paragraph (i), when the data is requested pursuant to an assessment or 
63.6 	investigation of a maltreatment report of a student in a school. If the commissioner of 
63.7 	education makes a determination of maltreatment involving an individual performing 
63.8 	work within a school facility who is licensed by a board or other agency, the commissioner 
63.9 	shall provide necessary and relevant information to the licensing entity to enable the 
63.10 	entity to fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data 
63.11 	received by a licensing entity under this paragraph are governed by section 13.41 or other 
63.12 	applicable law governing data of the receiving entity, except that this section applies to the 
63.13 	classification of and access to data on the reporter of the maltreatment.
63.14 	(d) The investigating agency shall exchange not public data with the Child 
63.15 	Maltreatment Review Panel under section 256.022 if the data are pertinent and necessary 
63.16 	for a review requested under section 256.022. Upon completion of the review, the not 
63.17 	public data received by the review panel must be returned to the investigating agency.

63.18 	Sec. 59.  REPEALER.
 63.19 	Minnesota Statutes 2010, section 256.022, is repealed.

63.20 	Sec. 60. EFFECTIVE DATE.
 63.21 	This article is effective August 2, 2012.

63.22 	ARTICLE 2
63.23 	ADOPTION ASSISTANCE

63.24 	Section 1. [259A.01] DEFINITIONS.
63.25 		Subdivision 1.Scope. For the purposes of this chapter, the terms defined in this 
63.26 	section have the meanings given them except as otherwise indicated by the context.
63.27 		Subd. 2.Adoption assistance. "Adoption assistance" means medical coverage and 
63.28 	reimbursement of nonrecurring adoption expenses, and may also include financial support 
63.29 	and reimbursement for specific nonmedical expenses provided under agreement with the 
63.30 	parent of an adoptive child who would otherwise remain in foster care and whose special 
63.31 	needs would otherwise make it difficult to place the child for adoption. Financial support 
63.32 	may include a basic maintenance payment and a supplemental needs payment.
64.1 		Subd. 3.Adoptive parent. "Adoptive parent" means the adult who has been 
64.2 	made the legal parent of a child through a court-ordered adoption decree or a customary 
64.3 	adoption through tribal court.
64.4 		Subd. 4.AFDC. "AFDC" means the aid to families with dependent children 
64.5 	program under sections 256.741, 256.82, and 256.87.
64.6 		Subd. 5.Assessment. "Assessment" means the process by which the child-placing 
64.7 	agency determines the benefits an eligible child may receive under this chapter.
64.8 		Subd. 6.At-risk child. "At-risk child" means a child who does not have a 
64.9 	documented disability but who is at risk of developing a physical, mental, emotional, or 
64.10 	behavioral disability based on being related within the first or second degree to persons 
64.11 	who have an inheritable physical, mental, emotional, or behavioral disabling condition, or 
64.12 	from a background that has the potential to cause the child to develop a physical, mental, 
64.13 	emotional, or behavioral disability that the child is at risk of developing. The disability 
64.14 	must manifest during childhood.
64.15 		Subd. 7.Basic maintenance payment. "Basic maintenance payment" means 
64.16 	the maintenance payment made on behalf of a child to support the costs an adoptive 
64.17 	parent incurs to meet a child's needs consistent with the care parents customarily provide, 
64.18 	including: food, clothing, shelter, daily supervision, school supplies, and a child's personal 
64.19 	incidentals. It also supports reasonable travel to participate in face-to-face visitation 
64.20 	between child and birth relatives, including siblings.
64.21 		Subd. 8.Child. "Child" means an individual under 18 years of age. For purposes 
64.22 	of this chapter, child also includes individuals up to age 21 who have approved adoption 
64.23 	assistance agreement extensions under section 259A.45, subdivision 1.
64.24 		Subd. 9.Child-placing agency. "Child-placing agency" means a business, 
64.25 	organization, or department of government, including the responsible social services 
64.26 	agency or a federally recognized Minnesota tribe, designated or authorized by law 
64.27 	to place children for adoption and assigned legal responsibility for placement, care, 
64.28 	and supervision of the child through a court order, voluntary placement agreement, or 
64.29 	voluntary relinquishment.
64.30 		Subd. 10.Child under guardianship of the commissioner of human services.
 64.31 	"Child under guardianship of the commissioner of human services" means a child the 
64.32 	court has ordered under the guardianship of the commissioner of human services pursuant 
64.33 	to section 260C.325.
64.34 		Subd. 11.Commissioner. "Commissioner" means the commissioner of human 
64.35 	services or any employee of the Department of Human Services to whom the commissioner 
64.36 	has delegated authority regarding children under the commissioner's guardianship.
65.1 		Subd. 12.Consent of parent to adoption under chapter 260C. "Consent of 
65.2 	parent to adoption under chapter 260C" means the consent executed pursuant to section 
65.3 	260C.515, subdivision 3. 
65.4 		Subd. 13.Department. "Department" means the Minnesota Department of Human 
65.5 	Services.
65.6 		Subd. 14.Disability. "Disability" means a physical, mental, emotional, or 
65.7 	behavioral impairment that substantially limits one or more major life activities. Major 
65.8 	life activities include, but are not limited to: thinking, walking, hearing, breathing, 
65.9 	working, seeing, speaking, communicating, learning, developing and maintaining healthy 
65.10 	relationships, safely caring for oneself, and performing manual tasks. The nature, duration, 
65.11 	and severity of the impairment shall be used in determining if the limitation is substantial.
65.12 		Subd. 15.Foster care. "Foster care" has the meaning given in section 260C.007, 
65.13 	subdivision 18.
65.14 		Subd. 16.Guardian. "Guardian" means an adult who is appointed pursuant to 
65.15 	section 260C.325. For a child under guardianship of the commissioner, the child's 
65.16 	guardian is the commissioner of human services.
65.17 		Subd. 17.Guardianship. "Guardianship" means the court-ordered rights and 
65.18 	responsibilities of the guardian of a child and includes legal custody of the child.
65.19 		Subd. 18.Indian child. "Indian child" has the meaning given in section 260.755, 
65.20 	subdivision 8.
65.21 		Subd. 19.Legal custodian. "Legal custodian" means a person to whom permanent 
65.22 	legal and physical custody of a child has been transferred under chapter 260C, or for 
65.23 	children under tribal court jurisdiction, a similar provision under tribal code which means 
65.24 	that the individual responsible for the child has responsibility for the protection, education, 
65.25 	care, and control of the child and decision making on behalf of the child.
65.26 		Subd. 20.Medical assistance. "Medical assistance" means Minnesota's 
65.27 	implementation of the federal Medicaid program.
65.28 		Subd. 21.Parent. "Parent" has the meaning given in section 257.52. Parent does 
65.29 	not mean a putative father of a child unless the putative father also meets the requirements 
65.30 	of section 257.55 or unless the putative father is entitled to notice under section 259.49, 
65.31 	subdivision 1. For matters governed by the Indian Child Welfare Act, parent includes any 
65.32 	Indian person who has adopted a child by tribal law or custom, as provided in section 
65.33 	260.755, subdivision 14, and does not include the unwed father where paternity has not 
65.34 	been acknowledged or established.
65.35 		Subd. 22.Permanent legal and physical custody. "Permanent legal and physical 
65.36 	custody" means permanent legal and physical custody ordered by a Minnesota court under 
66.1 	section 260C.515, subdivision 4, or for children under tribal court jurisdiction, a similar 
66.2 	provision under tribal code which means that the individual with permanent legal and 
66.3 	physical custody of the child has responsibility for the protection, education, care, and 
66.4 	control of the child and decision making on behalf of the child.
66.5 		Subd. 23.Preadoptive parent. "Preadoptive parent" means an adult who is caring 
66.6 	for a child in an adoptive placement, but where the court has not yet ordered a final decree 
66.7 	of adoption making the adult the legal parent of the child.
66.8 		Subd. 24.Reassessment. "Reassessment" means an update of a previous assessment 
66.9 	through the process under this chapter completed for a child who has been continuously 
66.10 	eligible for this benefit.
66.11 		Subd. 25.Relative. "Relative" means a person related to the child by blood, 
66.12 	marriage, or adoption, or an individual who is an important friend with whom the child has 
66.13 	resided or had significant contact. For an Indian child, relative includes members of the 
66.14 	extended family as defined by law or custom of the Indian child's tribe, or, in the absence 
66.15 	of law or custom, shall be a person who has reached the age of 18 and who is the Indian 
66.16 	child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece 
66.17 	or nephew, first or second cousin, or stepparent, as provided in the Indian Child Welfare 
66.18 	Act of 1978, United States Code, title 25, section 1903.
66.19 		Subd. 26.Relative search. "Relative search" means the search that is required 
66.20 	under section 260C.212, subdivision 5.
66.21 		Subd. 27.Sibling. "Sibling" has the meaning given in section 260C.007, 
66.22 	subdivision 32.
66.23 		Subd. 28.Social and medical history. "Social and medical history" means the 
66.24 	document, on a form or forms prescribed by the commissioner, that contains a child's 
66.25 	genetic, medical, and family background as well as the history and current status of a 
66.26 	child's physical and mental health, behavior, demeanor, foster care placements, education, 
66.27 	and family relationships and has the same meaning as the history required under sections 
66.28 	259.43 and 260C.609.
66.29 		Subd. 29.Supplemental needs payment. "Supplemental needs payment" 
66.30 	means the payment which is negotiated with the adoptive parent for a child who has a 
66.31 	documented physical, mental, emotional, or behavioral disability. The payment is made 
66.32 	based on the requirements associated with parenting duties to nurture the child, preserve 
66.33 	the child's connections, and support the child's functioning in the home.
66.34 		Subd. 30.Termination of parental rights. "Termination of parental rights" means 
66.35 	a court order that severs all rights, powers, privileges, immunities, duties, and obligations, 
66.36 	including any rights to custody, control, visitation, or support, existing between a parent 
67.1 	and child. For an Indian child who is a ward of tribal court, termination of parental rights 
67.2 	means any action resulting in the termination or suspension of the parent-child relationship 
67.3 	when the tribe has made a judicial determination that the child cannot or should not be 
67.4 	returned to the home of the child's parent or parents.

67.5 	Sec. 2. [259A.05] PROGRAM ADMINISTRATION.
67.6 		Subdivision 1.Administration of title IV-E programs. The title IV-E Adoption 
67.7 	Assistance Program shall operate according to the requirements of United States Code, 
67.8 	title 42, sections 671 and 673, and Code of Federal Regulations, parts 1355 and 1356.
67.9 		Subd. 2.Administration responsibilities. (a) AFDC relatedness is one eligibility 
67.10 	component of title IV-E adoption assistance. The AFDC relatedness determination shall be 
67.11 	made by an agency according to policies and procedures prescribed by the commissioner.
67.12 	(b) Subject to commissioner approval, the child-placing agency shall certify a child's 
67.13 	eligibility for adoption assistance in writing on the forms prescribed by the commissioner 
67.14 	according to section 259A.15.
67.15 	(c) Children who meet all eligibility criteria except those specific to title IV-E, shall 
67.16 	receive adoption assistance paid through state funds.
67.17 	(d) The child-placing agency is responsible for assisting the commissioner with 
67.18 	the administration of the adoption assistance program by conducting assessments, 
67.19 	reassessments, negotiations, and other activities as specified by the requirements and 
67.20 	procedures prescribed by the commissioner.
67.21 	(e) The child-placing agency shall notify an adoptive parent of a child's eligibility for 
67.22 	Medicaid in the state of residence. In Minnesota, the child-placing agency shall refer the 
67.23 	adoptive parent to the appropriate social service agency in the parent's county of residence 
67.24 	that administers medical assistance. The child-placing agency shall inform the adoptive 
67.25 	parent of the requirement to comply with the rules of the applicable Medicaid program.
67.26 		Subd. 3.Procedures, requirements, and deadlines. The commissioner shall 
67.27 	specify procedures, requirements, and deadlines for the administration of adoption 
67.28 	assistance in accordance with this section.
67.29 		Subd. 4.Promotion of programs. (a) Parents who adopt children with special 
67.30 	needs must be informed of the adoption tax credit.
67.31 	(b) The commissioner shall actively seek ways to promote the adoption assistance 
67.32 	program, including informing prospective adoptive parents of eligible children under 
67.33 	guardianship of the commissioner and the availability of adoption assistance.

67.34 	Sec. 3. [259A.10] ELIGIBILITY REQUIREMENTS.
68.1 		Subdivision 1.General eligibility requirements. (a) To be eligible for adoption 
68.2 	assistance, a child must:
68.3 	(1) be determined to be a child with special needs, according to subdivision 2;
68.4 	(2) meet the applicable citizenship and immigration requirements in subdivision 
68.5 	3; and
68.6 	(3)(i) meet the criteria outlined in section 473 of the Social Security Act; or
68.7 	(ii) have had foster care payments paid on the child's behalf while in out-of-home 
68.8 	placement through the county or tribal social service agency and be a child under the 
68.9 	guardianship of the commissioner or a ward of tribal court.
68.10 	(b) In addition to the requirements in paragraph (a), the child's adoptive parents must 
68.11 	meet the applicable background study requirements outlined in subdivision 4.
68.12 		Subd. 2.Special needs determination. (a) A child is considered a child with 
68.13 	special needs under this section if all of the requirements in paragraphs (b) to (g) are met.
68.14 	(b) There has been a determination that the child cannot or should not be returned to 
68.15 	the home of the child's parents as evidenced by:
68.16 	(1) court-ordered termination of parental rights;
68.17 	(2) petition to terminate parental rights;
68.18 	(3) consent of parent to adoption accepted by the court under chapter 260C;
68.19 	(4) in circumstances where tribal law permits the child to be adopted without a 
68.20 	termination of parental rights, a judicial determination by tribal court indicating the valid 
68.21 	reason why the child cannot or should not return home;
68.22 	(5) voluntary relinquishment under section 259.25 or 259.47 or, if relinquishment 
68.23 	occurred in another state, the applicable laws in that state; or
68.24 	(6) death of the legal parent, or parents if the child has two legal parents.
68.25 	(c) There exists a specific factor or condition because of which it is reasonable to 
68.26 	conclude that the child cannot be placed with adoptive parents without providing adoption 
68.27 	assistance as evidenced by:
68.28 	(1) determination by the Social Security Administration that the child meets all 
68.29 	medical or disability requirements of title XVI of the Social Security Act with respect to 
68.30 	eligibility for Supplemental Security Income benefits;
68.31 	(2) documented physical, mental, emotional, or behavioral disability not covered 
68.32 	under clause (1);
68.33 	(3) a member in a sibling group being adopted at the same time by the same parent;
68.34 	(4) adoptive placement in the home of a parent who previously adopted a sibling for 
68.35 	whom they receive adoption assistance; or
68.36 	(5) documentation that the child is an at-risk child.
69.1 	(d) A reasonable but unsuccessful effort was made to place the child with adoptive 
69.2 	parents without providing adoption assistance as evidenced by:
69.3 	(1) a documented search for an appropriate adoptive placement; or
69.4 	(2) determination by the commissioner that a search under clause (1) is not in the 
69.5 	best interests of the child.
69.6 	(e) The requirement for a documented search for an appropriate adoptive placement 
69.7 	under paragraph (d), including the registration of the child with the State Adoption 
69.8 	Exchange and other recruitment methods under paragraph (f), must be waived if:
69.9 	(1) the child is being adopted by a relative and it is determined by the child-placing 
69.10 	agency that adoption by the relative is in the best interests of the child;
69.11 	(2) the child is being adopted by a foster parent with whom the child has developed 
69.12 	significant emotional ties while in their care as a foster child and it is determined by 
69.13 	the child-placing agency that adoption by the foster parent is in the best interests of the 
69.14 	child; or
69.15 	(3) the child is being adopted by a parent that previously adopted a sibling of the 
69.16 	child, and it is determined by the child-placing agency that adoption by this parent is 
69.17 	in the best interests of the child.
69.18 	When the Indian Child Welfare Act applies, a waiver must not be granted unless the 
69.19 	child-placing agency has complied with the placement preferences required by the Indian 
69.20 	Child Welfare Act according to United States Code, title 25, section 1915(a).
69.21 	(f) To meet the requirement of a documented search for an appropriate adoptive 
69.22 	placement under paragraph (d), clause (1), the child-placing agency minimally must:
69.23 	(1) conduct a relative search as required by section 260C.212, subdivision 5, and give 
69.24 	consideration to placement with a relative as required by section 260C.212, subdivision 2;
69.25 	(2) comply with the adoptive placement preferences required under the Indian Child 
69.26 	Welfare Act when the Indian Child Welfare Act, United States Code, title 25, section 
69.27 	1915(a), applies;
69.28 	(3) locate prospective adoptive families by registering the child on the State 
69.29 	Adoption Exchange, as required under section 259.75; and
69.30 	(4) if registration with the State Adoption Exchange does not result in the 
69.31 	identification of an appropriate adoptive placement, the agency must employ additional 
69.32 	recruitment methods, as outlined in requirements and procedures prescribed by the 
69.33 	commissioner.
69.34 	(g) Once the child-placing agency has determined that placement with an identified 
69.35 	parent is in the child's best interest and has made full written disclosure about the child's 
69.36 	social and medical history, the agency must ask the prospective adoptive parent if they are 
70.1 	willing to adopt the child without adoption assistance. If the identified parent is either 
70.2 	unwilling or unable to adopt the child without adoption assistance, the child-placing 
70.3 	agency must provide documentation as prescribed by the commissioner to fulfill the 
70.4 	requirement to make a reasonable effort to place the child without adoption assistance. If 
70.5 	the identified parent desires to adopt the child without adoption assistance, the parent must 
70.6 	provide a written statement to this effect to the child-placing agency and the statement must 
70.7 	be maintained in the permanent adoption record of the child-placing agency. For children 
70.8 	under guardianship of the commissioner, the child-placing agency shall submit a copy of 
70.9 	this statement to the commissioner to be maintained in the permanent adoption record.
70.10 		Subd. 3.Citizenship and immigration status. (a) A child must be a citizen of the 
70.11 	United States or otherwise eligible for federal public benefits according to the Personal 
70.12 	Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, in order to 
70.13 	be eligible for the title IV-E Adoption Assistance Program.
70.14 	(b) A child must be a citizen of the United States or meet the qualified alien 
70.15 	requirements as defined in the Personal Responsibility and Work Opportunity 
70.16 	Reconciliation Act of 1996, as amended, in order to be eligible for state-funded adoption 
70.17 	assistance.
70.18 		Subd. 4.Background study. (a) A background study under section 259.41 must be 
70.19 	completed on each prospective adoptive parent. An adoptive parent is prohibited from 
70.20 	receiving adoption assistance on behalf of an otherwise eligible child if the background 
70.21 	study reveals:
70.22 	(1) a felony conviction at any time for:
70.23 	(i) child abuse or neglect;
70.24 	(ii) spousal abuse;
70.25 	(iii) a crime against children, including child pornography; or
70.26 	(iv) a crime involving violence, including rape, sexual assault, or homicide, but not 
70.27 	including other physical assault or battery; or
70.28 	(2) a felony conviction within the past five years for:
70.29 	(i) physical assault;
70.30 	(ii) battery; or
70.31 	(iii) a drug-related offense.
70.32 		Subd. 5.Responsibility for determining adoption assistance eligibility. The 
70.33 	state will determine eligibility for:
70.34 	(1) a Minnesota child under the guardianship of the commissioner who would 
70.35 	otherwise remain in foster care;
71.1 	(2) a child who is not under the guardianship of the commissioner who meets title 
71.2 	IV-E eligibility defined in section 473 of the Social Security Act and no state agency has 
71.3 	legal responsibility for placement and care of the child;
71.4 	(3) a Minnesota child under tribal jurisdiction who would otherwise remain in foster 
71.5 	care; and
71.6 	(4) an Indian child being placed in Minnesota who meets title IV-E eligibility defined 
71.7 	in section 473 of the Social Security Act. The agency or entity assuming responsibility for 
71.8 	the child is responsible for the nonfederal share of the adoption assistance payment.
71.9 		Subd. 6.Exclusions. The commissioner shall not enter into an adoption assistance 
71.10 	agreement with:
71.11 	(1) a child's biological parent or stepparent;
71.12 	(2) a child's relative, according to section 260C.007, subdivision 27, with whom the 
71.13 	child resided immediately prior to child welfare involvement unless:
71.14 	(i) the child was in the custody of a Minnesota county or tribal agency pursuant to 
71.15 	an order under chapter 260C or equivalent provisions of tribal code and the agency had 
71.16 	placement and care responsibility for permanency planning for the child; and
71.17 	(ii) the child is under guardianship of the commissioner of human services according 
71.18 	to the requirements of section 260C.325, subdivision 1, paragraphs (a) and (b), or 
71.19 	subdivision 3, paragraphs (a) and (b), or is a ward of a Minnesota tribal court after 
71.20 	termination of parental rights, suspension of parental rights, or a finding by the tribal court 
71.21 	that the child cannot safely return to the care of the parent;
71.22 	(3) a child's legal custodian or guardian who is now adopting the child;
71.23 	(4) an individual adopting a child who is the subject of a direct adoptive placement 
71.24 	under section 259.47 or the equivalent in tribal code; or
71.25 	(5) an individual who is adopting a child who is not a citizen or resident of the 
71.26 	United States and was either adopted in another country or brought to this country for 
71.27 	the purposes of adoption.

71.28 	Sec. 4. [259A.15] ESTABLISHMENT OF ADOPTION ASSISTANCE 
71.29 	ELIGIBILITY.
71.30 		Subdivision 1.Adoption assistance certification. (a) The child-placing agency 
71.31 	shall certify a child as eligible for adoption assistance according to requirements and 
71.32 	procedures, and on forms prescribed by the commissioner. Documentation from a 
71.33 	qualified expert must be provided to verify that a child meets the special needs criteria in 
71.34 	section 259A.10, subdivision 2.
72.1 	(b) Expert documentation of a disability is limited to evidence deemed appropriate 
72.2 	by the commissioner and must be submitted with the certification. Examples of appropriate 
72.3 	documentation include, but are not limited to, medical records, psychological assessments, 
72.4 	educational or early childhood evaluations, court findings, and social and medical history.
72.5 	(c) Documentation that the child is an at-risk child must be submitted according to 
72.6 	requirements and procedures prescribed by the commissioner.
72.7 		Subd. 2.Adoption assistance agreement. (a) An adoption assistance agreement 
72.8 	is a binding contract between the adopting parent, the child-placing agency, and the 
72.9 	commissioner. The agreement outlines the benefits to be provided on behalf of an eligible 
72.10 	child.
72.11 	(b) In order to receive adoption assistance benefits, a written agreement on a form 
72.12 	prescribed by the commissioner must be signed by the parent, an approved representative 
72.13 	from the child-placing agency, and the commissioner prior to the effective date of the 
72.14 	adoption decree. No later than 30 days after the parent is approved for the adoptive 
72.15 	placement, the agreement must be negotiated with the parent as required in section 
72.16 	259A.25, subdivision 1. Adoption assistance must be approved or denied by the 
72.17 	commissioner no later than 15 business days after the receipt of a complete adoption 
72.18 	assistance application prescribed by the commissioner. A fully executed copy of the 
72.19 	signed agreement must be given to each party. Termination or disruption of the adoptive 
72.20 	placement preceding adoption finalization makes the agreement with that parent void.
72.21 	(c) The agreement must specify the following:
72.22 	(1) duration of the agreement;
72.23 	(2) the nature and amount of any payment, services, and assistance to be provided 
72.24 	under the agreement;
72.25 	(3) the child's eligibility for Medicaid services;
72.26 	(4) the terms of the payment;
72.27 	(5) eligibility for reimbursement of nonrecurring expenses associated with adopting 
72.28 	the child, to the extent that the total cost does not exceed $2,000 per child;
72.29 	(6) that the agreement will remain in effect regardless of the state in which the 
72.30 	adoptive parent resides at any given time;
72.31 	(7) provisions for modification of the terms of the agreement; and
72.32 	(8) the effective date of the agreement.
72.33 	(d) The agreement is effective on the date of the adoption decree.
72.34 		Subd. 3.Assessment tool. An assessment tool prescribed by the commissioner 
72.35 	must be completed for any child who has a documented disability that necessitates care, 
72.36 	supervision, and structure beyond that ordinarily provided in a family setting to children 
73.1 	of the same age. This assessment tool must be submitted with the adoption assistance 
73.2 	certification and establishes eligibility for the amount of assistance requested.

73.3 	Sec. 5. [259A.20] BENEFITS AND PAYMENTS.
73.4 		Subdivision 1.General information. (a) Payments to parents under adoption 
73.5 	assistance must be made monthly.
73.6 	(b) Payments must commence when the commissioner receives the adoption decree 
73.7 	from the court, the child-placing agency, or the parent. Payments must be made according 
73.8 	to requirements and procedures prescribed by the commissioner.
73.9 	(c) Payments shall only be made to the adoptive parent specified on the agreement. 
73.10 	If there is more than one adoptive parent, both parties must be listed as the payee unless 
73.11 	otherwise specified in writing according to requirements and procedures prescribed by 
73.12 	the commissioner.
73.13 	(d) Payment must be considered income and resource attributable to the child. 
73.14 	Payment must not be assigned or transferred to another party. Payment is exempt from 
73.15 	garnishment, except as permissible under the laws of the state where the child resides.
73.16 		Subd. 2.Medical assistance eligibility. Eligibility for medical assistance for 
73.17 	children receiving adoption assistance is as specified in section 256B.055.
73.18 		Subd. 3.Payments. (a) The basic maintenance payments must be made according 
73.19 	to the following schedule for all children except those eligible for adoption assistance 
73.20 	based on being an at-risk child:

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

73.30	Level I
	up to $150 per month
	
73.31	Level II
	up to $275 per month
	
73.32	Level III
	up to $400 per month
	
73.33	Level IV
	up to $500 per month
	
73.34 	A child's level shall be assessed on an assessment tool prescribed by the 
73.35 	commissioner. A child must receive the maximum payment for the child's assessed level, 
73.36 	unless a lesser amount is negotiated with and agreed to by the prospective adoptive parent.
74.1 		Subd. 4.Reimbursement for special nonmedical expenses. (a) Reimbursement 
74.2 	for special nonmedical expenses is available to children, except those eligible for adoption 
74.3 	assistance based on being an at-risk child.
74.4 	(b) Reimbursements under this paragraph shall be made only after the adoptive 
74.5 	parent documents that the requested service was denied by the local social service agency, 
74.6 	community agencies, local school district, local public health department, the parent's 
74.7 	insurance provider, or the child's program. The denial must be for an eligible service or 
74.8 	qualified item under the program requirements of the applicable agency or organization.
74.9 	(c) Reimbursements must be previously authorized, adhere to the requirements and 
74.10 	procedures prescribed by the commissioner, and be limited to:
74.11 	(1) child care for a child age 12 and younger, or for a child age 13 or 14 who has 
74.12 	a documented disability that requires special instruction for and services by the child 
74.13 	care provider. Child care reimbursements may be made if all available adult caregivers 
74.14 	are employed or attending educational or vocational training programs. If a parent is 
74.15 	attending an educational or vocational training program, child care reimbursement is 
74.16 	limited to no more than the time necessary to complete the credit requirements for an 
74.17 	associate or baccalaureate degree as determined by the educational institution. Child 
74.18 	care reimbursement is not limited for an adoptive parent completing basic or remedial 
74.19 	education programs needed to prepare for postsecondary education or employment;
74.20 	(2) respite care provided for the relief of the child's parent up to 504 hours of respite 
74.21 	care annually;
74.22 	(3) camping up to 14 days per state fiscal year for a child to attend a special needs 
74.23 	camp. The camp must be accredited by the American Camp Association as a special needs 
74.24 	camp in order to be eligible for camp reimbursement;
74.25 	(4) postadoption counseling to promote the child's integration into the adoptive 
74.26 	family that is provided by the placing agency during the first year following the date of the 
74.27 	adoption decree. Reimbursement is limited to 12 sessions of postadoption counseling;
74.28 	(5) family counseling that is required to meet the child's special needs. 
74.29 	Reimbursement is limited to the prorated portion of the counseling fees allotted to the 
74.30 	family when the adoptive parent's health insurance or Medicaid pays for the child's 
74.31 	counseling but does not cover counseling for the rest of the family members;
74.32 	(6) home modifications to accommodate the child's special needs upon which 
74.33 	eligibility for adoption assistance was approved. Reimbursement is limited to once every 
74.34 	five years per child;
75.1 	(7) vehicle modifications to accommodate the child's special needs upon which 
75.2 	eligibility for adoption assistance was approved. Reimbursement is limited to once every 
75.3 	five years per family; and
75.4 	(8) burial expenses up to $1,000, if the special needs, upon which eligibility for 
75.5 	adoption assistance was approved, resulted in the death of the child.
75.6 	(d) The adoptive parent shall submit statements for expenses incurred between July 
75.7 	1 and June 30 of a given fiscal year to the state adoption assistance unit within 60 days 
75.8 	after the end of the fiscal year in order for reimbursement to occur.

75.9 	Sec. 6. [259A.25] DETERMINATION OF ADOPTION ASSISTANCE BENEFITS 
75.10 	AND PAYMENT.
75.11 		Subdivision 1.Negotiation of adoption assistance agreement. (a) A monthly 
75.12 	payment is provided as part of the adoption assistance agreement to support the care of 
75.13 	a child who has manifested special needs. The amount of the payment made on behalf 
75.14 	of a child eligible for adoption assistance is determined through negotiation between 
75.15 	the adoptive parent and the child-placing agency on behalf of the commissioner. The 
75.16 	negotiation shall take into consideration the circumstances of the adopting parent and the 
75.17 	needs of the child being adopted. The income of the adoptive parent must not be taken 
75.18 	into consideration when determining eligibility for adoption assistance or the amount of 
75.19 	the payments under section 259A.20. At the written request of the adoptive parent, the 
75.20 	amount of the payment in the agreement may be renegotiated when there is a change in 
75.21 	the child's needs or the family's circumstances.
75.22 	(b) The adoption assistance agreement of a child who is identified as an at-risk child 
75.23 	must not include a monthly payment unless and until the potential disability upon which 
75.24 	the eligibility for the agreement was based has manifested during childhood.
75.25 		Subd. 2.Renegotiation of adoption assistance agreement. (a) An adoptive 
75.26 	parent of a child with an adoption assistance agreement may request renegotiation of the 
75.27 	agreement when there is a change in the needs of the child or in the family's circumstances. 
75.28 	When an adoptive parent requests renegotiation of the agreement, a reassessment of the 
75.29 	child must be completed by: (1) the responsible social services agency in the child's county 
75.30 	of residence; or (2) the child-placing agency that facilitated the adoption when the child's 
75.31 	residence is out of state. If the reassessment indicates that the child's needs have changed, 
75.32 	the child-placing agency, on behalf of the commissioner and the parent, shall renegotiate 
75.33 	the agreement to include a payment of the level determined appropriate through the 
75.34 	reassessment process using the assessment tool prescribed by the commissioner according 
75.35 	to section 259A.15, subdivision 3. The agreement must not be renegotiated unless the 
76.1 	commissioner and the parent mutually agree to the changes. The effective date of any 
76.2 	renegotiated agreement must be determined according to requirements and procedures 
76.3 	prescribed by the commissioner.
76.4 	(b) An adoptive parent of a child with an adoption assistance agreement based on 
76.5 	the child being an at-risk child may request renegotiation of the agreement to include a 
76.6 	monthly payment. The parent must have written documentation from a qualified expert 
76.7 	that the potential disability upon which eligibility for adoption assistance was approved 
76.8 	has manifested. Documentation of the disability must be limited to evidence deemed 
76.9 	appropriate by the commissioner. Prior to renegotiating the agreement, a reassessment of 
76.10 	the child must be conducted using an assessment tool prescribed by the commissioner 
76.11 	according to section 259A.15, subdivision 3. The reassessment must be used to renegotiate 
76.12 	the agreement to include an appropriate monthly payment. The agreement must not be 
76.13 	renegotiated unless the commissioner and the adoptive parent mutually agree to the 
76.14 	changes. The effective date of any renegotiated agreement must be determined according 
76.15 	to requirements and procedures prescribed by the commissioner.
76.16 		Subd. 3.Child income or income attributable to the child. No income received 
76.17 	by a child will be considered in determining a child's adoption assistance payment 
76.18 	amount. If a child for whom a parent is receiving adoption assistance is also receiving 
76.19 	Supplemental Security Income (SSI) or Retirement, Survivors, Disability Insurance 
76.20 	(RSDI), the certifying agency shall inform the adoptive parent that the child's adoption 
76.21 	assistance must be reported to the Social Security Administration.

76.22 	Sec. 7. [259A.30] REPORTING RESPONSIBILITIES.
76.23 		Subdivision 1.Notification of change. (a) An adoptive parent who has an adoption 
76.24 	assistance agreement shall keep the agency administering the program informed of 
76.25 	changes in status or circumstances that would make the child ineligible for the payments 
76.26 	or eligible for payments in a different amount.
76.27 	(b) As long as the agreement is in effect, the adoptive parent agrees to notify the 
76.28 	agency administering the program in writing within 30 days of any of the following 
76.29 	changes:
76.30 	(1) the child's or adoptive parent's legal name;
76.31 	(2) the family's address;
76.32 	(3) the child's legal custody status;
76.33 	(4) the child's completion of high school, if this occurs after the child attains age 18;
77.1 	(5) the end of an adoptive parent's legal responsibility to support the child based on: 
77.2 	termination of parental rights of the adoptive parent, transfer of guardianship to another 
77.3 	person, or transfer of permanent legal and physical custody to another person;
77.4 	(6) the end of an adoptive parent's financial support of the child;
77.5 	(7) the death of the child;
77.6 	(8) the death of the adoptive parent;
77.7 	(9) the child enlists in the military;
77.8 	(10) the child gets married;
77.9 	(11) the child becomes an emancipated minor through legal action;
77.10 	(12) the adoptive parents separate or divorce;
77.11 	(13) the child is residing outside the adoptive home for a period of more than 30 
77.12 	consecutive days; and
77.13 	(14) the child's status upon which eligibility for extension under section 259A.45, 
77.14 	subdivision 2 or 3, was based.
77.15 		Subd. 2.Correct and true information. If the adoptive parent reports information 
77.16 	the adoptive parent knows is untrue, the adoptive parent fails to notify the commissioner 
77.17 	of changes that may affect eligibility, or the agency administering the program receives 
77.18 	information the adoptive parent did not report, the adoptive parent may be investigated for 
77.19 	theft and, if charged and convicted, shall be sentenced under section 609.52, subdivision 
77.20 	3, clauses (1) to (5).

77.21 	Sec. 8. [259A.35] TERMINATION OF AGREEMENT.
77.22 		Subdivision 1.Reasons for termination. (a) An adoption assistance agreement 
77.23 	shall terminate in any of the following circumstances:
77.24 	(1) the child has attained the age of 18, or up to age 21, when the child meets a 
77.25 	condition for extension as outlined in section 259A.45, subdivision 1;
77.26 	(2) the child has not attained the age of 18, but the commissioner determines the 
77.27 	adoptive parent is no longer legally responsible for support of the child;
77.28 	(3) the commissioner determines the adoptive parent is no longer providing financial 
77.29 	support to the child up to age 21;
77.30 	(4) the death of the child; or
77.31 	(5) the adoptive parent requests in writing termination of the adoption assistance 
77.32 	agreement.
77.33 	(b) An adoptive parent is considered no longer legally responsible for support of the 
77.34 	child in any of the following circumstances:
78.1 	(1) parental rights to the child are legally terminated or a court accepted the parent's 
78.2 	consent to adoption under chapter 260C;
78.3 	(2) permanent legal and physical custody or guardianship of the child is transferred 
78.4 	to another individual;
78.5 	(3) death of adoptive parent;
78.6 	(4) child enlists in the military;
78.7 	(5) child gets married; or
78.8 	(6) child is determined an emancipated minor through legal action.
78.9 		Subd. 2.Death of adoptive parent or adoption dissolution. The adoption 
78.10 	assistance agreement ends upon death or termination of parental rights of both adoptive 
78.11 	parents in the case of a two-parent adoption, or the sole adoptive parent in the case of 
78.12 	a single-parent adoption. The child's adoption assistance eligibility may be continued 
78.13 	according to section 259A.40.
78.14 		Subd. 3.Termination notice for parent. The commissioner shall provide the 
78.15 	child's parent written notice of termination of payment. Termination notices must be sent 
78.16 	according to the requirements and procedures prescribed by the commissioner.

78.17 	Sec. 9. [259A.40] ASSIGNMENT OF ADOPTION ASSISTANCE AGREEMENT.
78.18 		Subdivision 1.Continuing child's eligibility for title IV-E adoption assistance 
78.19 	in a subsequent adoption. (a) The child maintains eligibility for title IV-E adoption 
78.20 	assistance in a subsequent adoption if the following criteria are met:
78.21 	(1) the child is determined to be a child with special needs as outlined in section 
78.22 	259A.10, subdivision 2; and
78.23 	(2) the subsequent adoptive parent resides in Minnesota.
78.24 	(b) If the child had a title IV-E adoption assistance agreement prior to the death of 
78.25 	the adoptive parent or dissolution of the adoption, and the subsequent adoptive parent 
78.26 	resides outside of Minnesota, the state is not responsible for determining whether the child 
78.27 	meets the definition of special needs, entering into the adoption assistance agreement, and 
78.28 	making any adoption assistance payments outlined in the new agreement unless a state 
78.29 	agency in Minnesota has responsibility for placement and care of the child at the time of 
78.30 	the subsequent adoption. If there is no state agency in Minnesota that has responsibility 
78.31 	for placement and care of the child at the time of the subsequent adoption, it is the public 
78.32 	child welfare agency in the subsequent adoptive parent's residence that is responsible for 
78.33 	determining whether the child meets the definition of special needs and entering into the 
78.34 	adoption assistance agreement.
79.1 		Subd. 2.Assigning a child's adoption assistance to a court-appointed guardian.
 79.2 	(a) State-funded adoption assistance may be continued with the written consent of the 
79.3 	commissioner to an individual who is a guardian appointed by a court for the child upon 
79.4 	the death of both the adoptive parents in the case of a two-parent adoption, or the sole 
79.5 	adoptive parent in the case of a single-parent adoption, unless the child is under the 
79.6 	custody of a child-placing agency.
79.7 	(b) Temporary assignment of adoption assistance may be approved by the 
79.8 	commissioner for a maximum of six consecutive months from the death of the parent 
79.9 	or parents and must adhere to the requirements and procedures prescribed by the 
79.10 	commissioner. If, within six months, the child has not been adopted by a person agreed 
79.11 	upon by the commissioner, or if a court has not appointed a legal guardian under either 
79.12 	section 260C.325 or 524.5-313, or similar law of another jurisdiction, the adoption 
79.13 	assistance shall terminate. Upon assignment of payments pursuant to this subdivision, 
79.14 	funding shall be from state funds only.

79.15 	Sec. 10. [259A.45] EXTENSION OF ADOPTION ASSISTANCE AGREEMENT.
79.16 		Subdivision 1.General requirements. (a) Under certain limited circumstances a 
79.17 	child may qualify for extension of the adoption assistance agreement beyond the date the 
79.18 	child attains age 18, up to the date the child attains the age of 21.
79.19 	(b) A request for extension of the adoption assistance agreement must be completed 
79.20 	in writing and submitted, including all supporting documentation, by the adoptive parent 
79.21 	at least 60 calendar days prior to the date that the current agreement will terminate.
79.22 	(c) A signed amendment to the current adoption assistance agreement must be 
79.23 	fully executed between the adoptive parent and the commissioner at least ten business 
79.24 	days prior to the termination of the current agreement. The request for extension and the 
79.25 	fully executed amendment must be made according to the requirements and procedures 
79.26 	prescribed by the commissioner, including documentation of eligibility, and on forms 
79.27 	prescribed by the commissioner.
79.28 	(d) If a child-placing agency is certifying a child for adoption assistance and 
79.29 	the child will attain the age of 18 within 60 calendar days of submission, the request 
79.30 	for extension must be completed in writing and submitted, including all supporting 
79.31 	documentation, with the adoption assistance application.
79.32 		Subd. 2.Extension past age 18 for child adopted after 16th birthday. A child 
79.33 	who has attained the age of 16 prior to finalization of the child's adoption is eligible for 
79.34 	extension of the adoption assistance agreement up to the date the child attains age 21 
79.35 	if the child is:
80.1 	(1) dependent on the adoptive parent for care and financial support; and
80.2 	(2)(i) completing a secondary education program or a program leading to an 
80.3 	equivalent credential;
80.4 	(ii) enrolled in an institution that provides postsecondary or vocational education;
80.5 	(iii) participating in a program or activity designed to promote or remove barriers to 
80.6 	employment;
80.7 	(iv) employed for at least 80 hours per month; or
80.8 	(v) incapable of doing any of the activities described in clauses (i) to (iv) due to 
80.9 	a medical condition where incapability is supported by documentation from an expert 
80.10 	according to the requirements and procedures prescribed by the commissioner.
80.11 		Subd. 3.Extension past age 18 for child adopted prior to 16th birthday. A child 
80.12 	who has not attained the age of 16 prior to finalization of the child's adoption is eligible 
80.13 	for extension of the adoption assistance agreement up to the date the child attains the 
80.14 	age of 21 if the child is:
80.15 	(1) dependent on the adoptive parent for care and financial support; and
80.16 	(2)(i) enrolled in a secondary education program or a program leading to the 
80.17 	equivalent; or
80.18 	(ii) incapable of sustaining employment because of the continuation of a physical or 
80.19 	mental disability, upon which eligibility for adoption assistance was approved.

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

80.28 	Sec. 12. [259A.55] APPEALS AND FAIR HEARINGS.
80.29 		Subdivision 1.Appeals for denials, modifications, or terminations. An adoptive 
80.30 	parent or a prospective adoptive parent has the right to appeal to the commissioner under 
80.31 	section 256.045, for reasons including, but not limited to: when eligibility for adoption 
80.32 	assistance is denied, when a specific payment or reimbursement is modified or denied, 
80.33 	and when the agreement for an eligible child is terminated. A prospective adoptive parent 
80.34 	who disagrees with a decision by the commissioner prior to finalization of the adoption 
81.1 	may request review of the decision by the commissioner, or may appeal the decision 
81.2 	under section 256.045.
81.3 		Subd. 2.Extenuating circumstances. (a) An adoption assistance agreement must 
81.4 	be signed and fully executed prior to the court order that finalizes the adoption. An 
81.5 	adoptive parent who believes that extenuating circumstances exist, as to why the adoption 
81.6 	was finalized prior to fully executing an adoption assistance agreement, may request 
81.7 	a fair hearing. The parent has the responsibility to prove the existence of extenuating 
81.8 	circumstances, such as:
81.9 	(1) relevant facts regarding the child were known by the child-placing agency and 
81.10 	not presented to the parent prior to finalization of the adoption; or
81.11 	(2) the child-placing agency failed to advise a potential parent about the availability 
81.12 	of adoption assistance for a child in the county-paid foster care system.
81.13 	(b) If an appeals judge finds through the fair hearing process that extenuating 
81.14 	circumstances existed and that the child met all eligibility criteria at the time the adoption 
81.15 	was finalized, the effective date and any associated federal financial participation shall 
81.16 	be retroactive to the date of the request for a fair hearing.

81.17 	Sec. 13. [259A.65] INTERSTATE COMPACT ON ADOPTION AND MEDICAL 
81.18 	ASSISTANCE.
81.19 		Subdivision 1.Purpose. It is the purpose and policy of the state of Minnesota to:
81.20 	(1) enter into interstate agreements with agencies of other states to safeguard and 
81.21 	protect the interests of children covered by an adoption assistance agreement when they 
81.22 	are adopted across state lines or move to another state after adoption finalization; and
81.23 	(2) provide a framework for uniformity and consistency in administrative procedures 
81.24 	when a child with special needs is adopted by a family in another state and for children 
81.25 	adopted in Minnesota who move to another state.
81.26 		Subd. 2.Definitions. For the purposes of this section, the terms defined in this 
81.27 	subdivision have the meanings given them, unless the context clearly indicates otherwise.
81.28 	(a) "Adoption assistance state" means the state that certifies eligibility for Medicaid 
81.29 	in an adoption assistance agreement.
81.30 	(b) "Resident state" means the state where the adopted child is a resident.
81.31 	(c) "State" means a state of the United States, the District of Columbia, 
81.32 	the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the 
81.33 	Commonwealth of the Northern Mariana Islands, or a territory or possession of the 
81.34 	United States.
82.1 		Subd. 3.Compacts authorized. The commissioner is authorized to develop, 
82.2 	negotiate, and enter into one or more interstate compacts on behalf of this state with other 
82.3 	states to implement Medicaid for children with adoption assistance agreements.
82.4 		Subd. 4.Contents of compacts. (a) A compact must include:
82.5 	(1) a provision allowing all states to join the compact;
82.6 	(2) a provision for withdrawal from the compact upon written notice to the parties, 
82.7 	effective one year after the notice is provided;
82.8 	(3) a requirement that the protections afforded under the compact continue in force 
82.9 	for the duration of the adoption assistance from a party state other than the one in which 
82.10 	the adopted child is a resident;
82.11 	(4) a requirement that each instance of adoption assistance to which the compact 
82.12 	applies be covered by an adoption assistance agreement in writing between the adoptive 
82.13 	parent and the state child welfare agency of the state that provides the adoption assistance, 
82.14 	and that the agreement be expressly for the benefit of the adopted child and enforceable by 
82.15 	the adoptive parent and the state agency providing the adoption assistance; and
82.16 	(5) other provisions necessary and appropriate for the proper administration of the 
82.17 	compact.
82.18 	(b) A compact may contain provisions establishing requirements and entitlements to 
82.19 	medical, developmental, child care, or other social services for the child under state law, 
82.20 	even though the child and the adoptive parent are in a state other than the one responsible 
82.21 	for or providing the services or funds to pay part or all of the costs.
82.22 		Subd. 5.Duties of commissioner of human services regarding medical 
82.23 	assistance. (a) The commissioner of human services shall:
82.24 	(1) provide Minnesota medical assistance for an adopted child who is title IV-E 
82.25 	eligible;
82.26 	(2) provide Minnesota medical assistance for an adopted child who is not title IV-E 
82.27 	eligible who:
82.28 	(i) was determined to have a special need for medical or rehabilitative care;
82.29 	(ii) is living in another state; and 
82.30 	(iii) is covered by an adoption assistance agreement made by the commissioner for 
82.31 	medical coverage or benefits when the child is not eligible for Medicaid in the child's 
82.32 	residence state;
82.33 	(3) consider the holder of a medical assistance identification card under this 
82.34 	subdivision as any other recipient of medical assistance under chapter 256B; and
82.35 	(4) process and make payments on claims for the recipient in the same manner as 
82.36 	for other recipients of medical assistance.
83.1 	(b) Coverage must be limited to providers authorized by Minnesota's medical 
83.2 	assistance program, and according to Minnesota's program requirements.
83.3 		Subd. 6.Cooperation with Medicaid. The adoptive parent shall cooperate with 
83.4 	and abide by the Medicaid program requirements and procedures of the state which 
83.5 	provides medical coverage.
83.6 		Subd. 7.Federal participation. The commissioner shall apply for and administer 
83.7 	all relevant aid in accordance with state and federal law.

83.8 	Sec. 14. [259A.70] REIMBURSEMENT OF NONRECURRING ADOPTION 
83.9 	EXPENSES.
83.10 	(a) The commissioner of human services shall provide reimbursement to an adoptive 
83.11 	parent for costs incurred in an adoption of a child with special needs according to section 
83.12 	259A.10, subdivision 2. Reimbursement shall be made for expenses that are reasonable 
83.13 	and necessary for the adoption to occur, subject to a maximum of $2,000. The expenses 
83.14 	must directly relate to the legal adoption of the child, not be incurred in violation of state 
83.15 	or federal law, and must not have been reimbursed from other sources or funds.
83.16 	(b) Children who have special needs but are not citizens or residents of the United 
83.17 	States and were either adopted in another country or brought to this country for the 
83.18 	purposes of adoption are categorically ineligible for this reimbursement program, except if 
83.19 	the child meets the eligibility criteria after the dissolution of the international adoption.
83.20 	(c) An adoptive parent, in consultation with the responsible child-placing agency, 
83.21 	may request reimbursement of nonrecurring adoption expenses by submitting a complete 
83.22 	application, according to the requirements and procedures and on forms prescribed by 
83.23 	the commissioner.
83.24 	(d) The commissioner shall determine the child's eligibility for adoption expense 
83.25 	reimbursement under title IV-E of the Social Security Act, United States Code, title 42, 
83.26 	sections 670 to 676. If determined eligible, the commissioner of human services shall 
83.27 	sign the agreement for nonrecurring adoption expense reimbursement, making this a 
83.28 	fully executed agreement. To be eligible, the agreement must be fully executed prior to 
83.29 	the child's adoption finalization.
83.30 	(e) An adoptive parent who has an adoption assistance agreement under section 
83.31 	259A.15, subdivision 2, is not required to make a separate application for reimbursement 
83.32 	of nonrecurring adoption expenses for the child who is the subject of that agreement.
83.33 	(f) If determined eligible, the adoptive parent shall submit reimbursement requests 
83.34 	within 21 months of the date of the child's adoption decree, and according to requirements 
83.35 	and procedures prescribed by the commissioner.

84.1 	Sec. 15. [259A.75] REIMBURSEMENT OF CERTAIN AGENCY COSTS; 
84.2 	PURCHASE OF SERVICE CONTRACTS.
84.3 		Subdivision 1.General information. (a) Subject to the procedures required by 
84.4 	the commissioner and the provisions of this section, a Minnesota county or tribal social 
84.5 	services agency shall receive a reimbursement from the commissioner equal to 100 
84.6 	percent of the reasonable and appropriate cost for contracted adoption placement services 
84.7 	identified for a specific child that are not reimbursed under other federal or state funding 
84.8 	sources.
84.9 	(b) The commissioner may spend up to $16,000 for each purchase of service 
84.10 	contract. Only one contract per child per adoptive placement is permitted. Funds 
84.11 	encumbered and obligated under the contract for the child remain available until the terms 
84.12 	of the contract are fulfilled or the contract is terminated.
84.13 	(c) The commissioner shall set aside an amount not to exceed five percent of the 
84.14 	total amount of the fiscal year appropriation from the state for the adoption assistance 
84.15 	program to reimburse placing agencies for child-specific adoption placement services. 
84.16 	When adoption assistance payments for children's needs exceed 95 percent of the total 
84.17 	amount of the fiscal year appropriation from the state for the adoption assistance program, 
84.18 	the amount of reimbursement available to placing agencies for adoption services is 
84.19 	reduced correspondingly.
84.20 		Subd. 2.Child eligibility criteria. (a) A child who is the subject of a purchase 
84.21 	of service contract must:
84.22 	(1) have the goal of adoption, which may include an adoption in accordance with 
84.23 	tribal law;
84.24 	(2) be under the guardianship of the commissioner of human services or be a ward of 
84.25 	tribal court pursuant to section 260.755, subdivision 20; and
84.26 	(3) meet all of the special needs criteria according to section 259A.10, subdivision 2.
84.27 	(b) A child under the guardianship of the commissioner must have an identified 
84.28 	adoptive parent and a fully executed adoption placement agreement according to section 
84.29 	260C.613, subdivision 1, paragraph (a).
84.30 		Subd. 3.Agency eligibility criteria. (a) A Minnesota county or tribal social 
84.31 	services agency shall receive reimbursement for child-specific adoption placement 
84.32 	services for an eligible child that it purchases from a private adoption agency licensed in 
84.33 	Minnesota or any other state or tribal social services agency.
84.34 	(b) Reimbursement for adoption services is available only for services provided 
84.35 	prior to the date of the adoption decree.
85.1 		Subd. 4.Application and eligibility determination. (a) A county or tribal social 
85.2 	services agency may request reimbursement of costs for adoption placement services by 
85.3 	submitting a complete purchase of service application, according to the requirements and 
85.4 	procedures and on forms prescribed by the commissioner.
85.5 	(b) The commissioner shall determine eligibility for reimbursement of adoption 
85.6 	placement services. If determined eligible, the commissioner of human services shall 
85.7 	sign the purchase of service agreement, making this a fully executed contract. No 
85.8 	reimbursement under this section shall be made to an agency for services provided prior to 
85.9 	the fully executed contract.
85.10 	(c) Separate purchase of service agreements shall be made, and separate records 
85.11 	maintained, on each child. Only one agreement per child per adoptive placement is 
85.12 	permitted. For siblings who are placed together, services shall be planned and provided to 
85.13 	best maximize efficiency of the contracted hours.
85.14 		Subd. 5.Reimbursement process. (a) The agency providing adoption services is 
85.15 	responsible to track and record all service activity, including billable hours, on a form 
85.16 	prescribed by the commissioner. The agency shall submit this form to the state for 
85.17 	reimbursement after services have been completed.
85.18 	(b) The commissioner shall make the final determination whether or not the 
85.19 	requested reimbursement costs are reasonable and appropriate and if the services have 
85.20 	been completed according to the terms of the purchase of service agreement.
85.21 		Subd. 6.Retention of purchase of service records. Agencies entering into 
85.22 	purchase of service contracts shall keep a copy of the agreements, service records, and all 
85.23 	applicable billing and invoicing according to the department's record retention schedule. 
85.24 	Agency records shall be provided upon request by the commissioner.

85.25 	Sec. 16. EFFECTIVE DATE.
 85.26 	This article is effective August 1, 2012.

85.27 	ARTICLE 3
85.28 	CHILD PROTECTION

85.29 	Section 1. Minnesota Statutes 2010, section 260.012, is amended to read:
85.30 	260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
85.31 	REUNIFICATION; REASONABLE EFFORTS.
85.32 	(a) Once a child alleged to be in need of protection or services is under the court's 
85.33 	jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate 
86.1 	services, by the social services agency are made to prevent placement or to eliminate the 
86.2 	need for removal and to reunite the child with the child's family at the earliest possible 
86.3 	time, and the court must ensure that the responsible social services agency makes 
86.4 	reasonable efforts to finalize an alternative permanent plan for the child as provided in 
86.5 	paragraph (e). In determining reasonable efforts to be made with respect to a child and in 
86.6 	making those reasonable efforts, the child's best interests, health, and safety must be of 
86.7 	paramount concern. Reasonable efforts to prevent placement and for rehabilitation and 
86.8 	reunification are always required except upon a determination by the court that a petition 
86.9 	has been filed stating a prima facie case that:
86.10 	(1) the parent has subjected a child to egregious harm as defined in section 
86.11 	260C.007, subdivision 14;
86.12 	(2) the parental rights of the parent to another child have been terminated 
86.13 	involuntarily;
86.14 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, 
86.15 	paragraph (a), clause (2);
86.16 	(4) the parent's custodial rights to another child have been involuntarily transferred 
86.17 	to a relative under section 260C.201, subdivision 11, paragraph (d), clause (1), or a similar 
86.18 	law of another jurisdiction; or
86.19 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 
86.20 	2, against the child or another child of the parent;
86.21 	(6) the parent has committed an offense that requires registration as a predatory 
86.22 	offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
86.23 	(5)(7) the provision of services or further services for the purpose of reunification is 
86.24 	futile and therefore unreasonable under the circumstances.
86.25 	(b) When the court makes one of the prima facie determinations under paragraph (a), 
86.26 	either permanency pleadings under section 260C.201, subdivision 11, or a termination 
86.27 	of parental rights petition under sections 260C.141 and 260C.301 must be filed. A 
86.28 	permanency hearing under section 260C.201, subdivision 11, must be held within 30 
86.29 	days of this determination.
86.30 	(c) In the case of an Indian child, in proceedings under sections 260B.178 or 
86.31 	260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions 
86.32 	consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 
86.33 	1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child 
86.34 	Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social 
86.35 	services agency must provide active efforts as required under United States Code, title 
86.36 	25, section 1911(d).
87.1 	(d) "Reasonable efforts to prevent placement" means:
87.2 	(1) the agency has made reasonable efforts to prevent the placement of the child in 
87.3 	foster care by working with the family to develop and implement a safety plan; or
87.4 	(2) given the particular circumstances of the child and family at the time of the 
87.5 	child's removal, there are no services or efforts available which could allow the child to 
87.6 	safely remain in the home.
87.7 	(e) "Reasonable efforts to finalize a permanent plan for the child" means due 
87.8 	diligence by the responsible social services agency to:
87.9 	(1) reunify the child with the parent or guardian from whom the child was removed;
87.10 	(2) assess a noncustodial parent's ability to provide day-to-day care for the child and, 
87.11 	where appropriate, provide services necessary to enable the noncustodial parent to safely 
87.12 	provide the care, as required by section 260C.212, subdivision 4;
87.13 	(3) conduct a relative search to identify and provide notice to adult relatives as 
87.14 	required under section 260C.212, subdivision 5;
87.15 	(4) place siblings removed from their home in the same home for foster care or 
87.16 	adoption, or transfer permanent legal and physical custody to a relative. Visitation 
87.17 	between siblings who are not in the same foster care, adoption, or custodial placement or 
87.18 	facility shall be consistent with section 260C.212, subdivision 2; and
87.19 	(5) when the child cannot return to the parent or guardian from whom the child was 
87.20 	removed, to plan for and finalize a safe and legally permanent alternative home for the 
87.21 	child, and considers permanent alternative homes for the child inside or outside of the 
87.22 	state, preferably through adoption or transfer of permanent legal and physical custody of 
87.23 	the child.
87.24 	(f) Reasonable efforts are made upon the exercise of due diligence by the responsible 
87.25 	social services agency to use culturally appropriate and available services to meet the 
87.26 	needs of the child and the child's family. Services may include those provided by the 
87.27 	responsible social services agency and other culturally appropriate services available in 
87.28 	the community. At each stage of the proceedings where the court is required to review 
87.29 	the appropriateness of the responsible social services agency's reasonable efforts as 
87.30 	described in paragraphs (a), (d), and (e), the social services agency has the burden of 
87.31 	demonstrating that:
87.32 	(1) it has made reasonable efforts to prevent placement of the child in foster care;
87.33 	(2) it has made reasonable efforts to eliminate the need for removal of the child from 
87.34 	the child's home and to reunify the child with the child's family at the earliest possible time;
88.1 	(3) it has made reasonable efforts to finalize an alternative permanent home for 
88.2 	the child, and considers permanent alternative homes for the child inside or outside of 
88.3 	the state; or
88.4 	(4) reasonable efforts to prevent placement and to reunify the child with the parent 
88.5 	or guardian are not required. The agency may meet this burden by stating facts in a sworn 
88.6 	petition filed under section 260C.141, by filing an affidavit summarizing the agency's 
88.7 	reasonable efforts or facts the agency believes demonstrate there is no need for reasonable 
88.8 	efforts to reunify the parent and child, or through testimony or a certified report required 
88.9 	under juvenile court rules.
88.10 	(g) Once the court determines that reasonable efforts for reunification are not 
88.11 	required because the court has made one of the prima facie determinations under paragraph 
88.12 	(a), the court may only require reasonable efforts for reunification after a hearing according 
88.13 	to section 260C.163, where the court finds there is not clear and convincing evidence of 
88.14 	the facts upon which the court based its prima facie determination. In this case when there 
88.15 	is clear and convincing evidence that the child is in need of protection or services, the 
88.16 	court may find the child in need of protection or services and order any of the dispositions 
88.17 	available under section 260C.201, subdivision 1. Reunification of a surviving child with a 
88.18 	parent is not required if the parent has been convicted of:
88.19 	(1) a violation of, or an attempt or conspiracy to commit a violation of, sections 
88.20 	609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the 
88.21 	parent;
88.22 	(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the 
88.23 	surviving child; or
88.24 	(3) a violation of, or an attempt or conspiracy to commit a violation of, United States 
88.25 	Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.;
88.26 	(4) committing sexual abuse as defined in section 626.556, subdivision 2, against 
88.27 	the child or another child of the parent; or
88.28 	(5) an offense that requires registration as a predatory offender under section 
88.29 	243.166, subdivision 1b, paragraph (a) or (b).
88.30 	(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178, 
88.31 	260C.201, and 260C.301 shall make findings and conclusions as to the provision of 
88.32 	reasonable efforts. When determining whether reasonable efforts have been made, the 
88.33 	court shall consider whether services to the child and family were:
88.34 	(1) relevant to the safety and protection of the child;
88.35 	(2) adequate to meet the needs of the child and family;
88.36 	(3) culturally appropriate;
89.1 	(4) available and accessible;
89.2 	(5) consistent and timely; and
89.3 	(6) realistic under the circumstances.
89.4 	In the alternative, the court may determine that provision of services or further 
89.5 	services for the purpose of rehabilitation is futile and therefore unreasonable under the 
89.6 	circumstances or that reasonable efforts are not required as provided in paragraph (a).
89.7 	(i) This section does not prevent out-of-home placement for treatment of a child with 
89.8 	a mental disability when it is determined to be medically necessary as a result of the child's 
89.9 	diagnostic assessment or individual treatment plan indicates that appropriate and necessary 
89.10 	treatment cannot be effectively provided outside of a residential or inpatient treatment 
89.11 	program and the level or intensity of supervision and treatment cannot be effectively and 
89.12 	safely provided in the child's home or community and it is determined that a residential 
89.13 	treatment setting is the least restrictive setting that is appropriate to the needs of the child.
89.14 	(j) If continuation of reasonable efforts to prevent placement or reunify the child 
89.15 	with the parent or guardian from whom the child was removed is determined by the court 
89.16 	to be inconsistent with the permanent plan for the child or upon the court making one of 
89.17 	the prima facie determinations under paragraph (a), reasonable efforts must be made to 
89.18 	place the child in a timely manner in a safe and permanent home and to complete whatever 
89.19 	steps are necessary to legally finalize the permanent placement of the child.
89.20 	(k) Reasonable efforts to place a child for adoption or in another permanent 
89.21 	placement may be made concurrently with reasonable efforts to prevent placement or to 
89.22 	reunify the child with the parent or guardian from whom the child was removed. When 
89.23 	the responsible social services agency decides to concurrently make reasonable efforts for 
89.24 	both reunification and permanent placement away from the parent under paragraph (a), the 
89.25 	agency shall disclose its decision and both plans for concurrent reasonable efforts to all 
89.26 	parties and the court. When the agency discloses its decision to proceed on both plans for 
89.27 	reunification and permanent placement away from the parent, the court's review of the 
89.28 	agency's reasonable efforts shall include the agency's efforts under both plans.

89.29 	Sec. 2. Minnesota Statutes 2010, section 260C.001, is amended to read:
89.30 	260C.001 TITLE, INTENT, AND CONSTRUCTION.
89.31 		Subdivision 1.Citation; scope. (a) Sections 260C.001 to 260C.451 260C.521 may 
89.32 	be cited as the child juvenile protection provisions of the Juvenile Court Act. 
89.33 	(b) Juvenile protection proceedings include:
89.34 	(1) a child in need of protection or services matters;
89.35 	(2) permanency matters, including termination of parental rights;
90.1 	(3) postpermanency reviews under sections 260C.317 and 260C.521; and
90.2 	(4) adoption matters including posttermination of parental rights proceedings that 
90.3 	review the responsible social services agency's reasonable efforts to finalize adoption.
90.4 		Subd. 2.Child in need of Juvenile protection services proceedings. (a) The 
90.5 	paramount consideration in all juvenile protection proceedings concerning a child alleged 
90.6 	or found to be in need of protection or services is the health, safety, and best interests 
90.7 	of the child. In proceedings involving an American Indian child, as defined in section 
90.8 	260.755, subdivision 8, the best interests of the child must be determined consistent with 
90.9 	sections 260.751 to 260.835 and the Indian Child Welfare Act, United States Code, title 
90.10 	25, sections 1901 to 1923.
90.11 	(b) The purpose of the laws relating to juvenile courts protection proceedings is:
90.12 	(1) to secure for each child alleged or adjudicated in need of protection or services 
90.13 	and under the jurisdiction of the court, the care and guidance, preferably in the child's own 
90.14 	home, as will best serve the spiritual, emotional, mental, and physical welfare of the child;
90.15 	(2) to provide judicial procedures which that protect the welfare of the child;
90.16 	(3) to preserve and strengthen the child's family ties whenever possible and in the 
90.17 	child's best interests, removing the child from the custody of parents only when the child's 
90.18 	welfare or safety cannot be adequately safeguarded without removal;
90.19 	(4) to ensure that when removal from the child's own family is necessary and in the 
90.20 	child's best interests, the responsible social services agency has legal responsibility for 
90.21 	the child removal either:
90.22 	(i) pursuant to a voluntary placement agreement between the child's parent or 
90.23 	guardian or the child, when the child is over age 18, and the responsible social services 
90.24 	agency; or
90.25 	(ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or
90.26 	260C.178; 260C.201; 260C.325; or 260C.515;
90.27 	(5) to ensure that, when placement is pursuant to court order, the court order 
90.28 	removing the child or continuing the child in foster care contains an individualized 
90.29 	determination that placement is in the best interests of the child that coincides with the 
90.30 	actual removal of the child; and
90.31 	(6) to ensure that when the child is removed, the child's care and discipline is, as 
90.32 	nearly as possible, equivalent to that which should have been given by the parents and is 
90.33 	either in:
90.34 	(i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201, 
90.35 	subdivision 1, paragraph (a), clause (1);
91.1 	(ii) the home of a relative pursuant to emergency placement by the responsible social 
91.2 	services agency under chapter 245A; or
91.3 	(iii) a foster homecare licensed under chapter 245A.; and
91.4 	(7) to ensure appropriate permanency planning for children in foster care including:
91.5 	(i) unless reunification is not required under section 260.012, developing a 
91.6 	permanency plan for the child that includes a primary plan for reunification with the 
91.7 	child's parent or guardian and a secondary plan for an alternative, legally permanent home 
91.8 	for the child in the event reunification cannot be achieved in a timely manner;
91.9 	(ii) identifying, locating, and assessing both parents of the child as soon as possible 
91.10 	and offering reunification services to both parents of the child as required under section 
91.11 	260.012 and 260C.219;
91.12 	(iii) identifying, locating, and notifying relatives of both parents of the child 
91.13 	according to section 260C.221;
91.14 	(iv) making a placement with a family that will commit to being the legally 
91.15 	permanent home for the child in the event reunification cannot occur at the earliest 
91.16 	possible time while at the same time actively supporting the reunification plan; and
91.17 	(v) returning the child home with supports and services, as soon as return is safe 
91.18 	for the child, or when safe return cannot be timely achieved, moving to finalize another 
91.19 	legally permanent home for the child.
91.20 		Subd. 3.Permanency and, termination of parental rights, and adoption. The 
91.21 	purpose of the laws relating to permanency and, termination of parental rights, and children 
91.22 	who come under the guardianship of the commissioner of human services is to ensure that:
91.23 	(1) when required and appropriate, reasonable efforts have been made by the social 
91.24 	services agency to reunite the child with the child's parents in a home that is safe and 
91.25 	permanent; and
91.26 	(2) if placement with the parents is not reasonably foreseeable, to secure for the 
91.27 	child a safe and permanent placement according to the requirements of section 260C.212, 
91.28 	subdivision 2, preferably with adoptive parents or, if that is not possible or in the best 
91.29 	interests of the child, a fit and willing relative through transfer of permanent legal and 
91.30 	physical custody to that relative; and
91.31 	(3) when a child is under the guardianship of the commissioner of human services, 
91.32 	reasonable efforts are made to finalize an adoptive home for the child in a timely manner.
91.33 	Nothing in this section requires reasonable efforts to prevent placement or to reunify 
91.34 	the child with the parent or guardian to be made in circumstances where the court has 
91.35 	determined that the child has been subjected to egregious harm, when the child is an 
91.36 	abandoned infant, the parent has involuntarily lost custody of another child through a 
92.1 	proceeding under section 260C.201, subdivision 11 260C.515, subdivision 4, or similar 
92.2 	law of another state, the parental rights of the parent to a sibling have been involuntarily 
92.3 	terminated, or the court has determined that reasonable efforts or further reasonable efforts 
92.4 	to reunify the child with the parent or guardian would be futile.
92.5 	The paramount consideration in all proceedings for permanent placement of the 
92.6 	child under section 260C.201, subdivision 11 sections 260C.503 to 260C.521, or the 
92.7 	termination of parental rights is the best interests of the child. In proceedings involving an 
92.8 	American Indian child, as defined in section 260.755, subdivision 8, the best interests of 
92.9 	the child must be determined consistent with the Indian Child Welfare Act of 1978, United 
92.10 	States Code, title 25, section 1901, et seq.
92.11 		Subd. 4.Construction. The laws relating to the child protection provisions of 
92.12 	the juvenile courts protection proceedings shall be liberally construed to carry out these 
92.13 	purposes.

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

92.18 	Sec. 4. Minnesota Statutes 2010, section 260C.007, is amended by adding a 
92.19 	subdivision to read:
92.20 		Subd. 26a.Putative father. "Putative father" has the meaning given in section 
92.21 	259.21, subdivision 12.

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

92.28 	Sec. 6. Minnesota Statutes 2010, section 260C.007, is amended by adding a 
92.29 	subdivision to read:
92.30 		Subd. 32.Sibling. "Sibling" means one of two or more individuals who have one 
92.31 	or both parents in common through blood, marriage, or adoption, including siblings as 
92.32 	defined by the child's tribal code or custom.

93.1 	Sec. 7. Minnesota Statutes 2010, section 260C.101, subdivision 2, is amended to read:
93.2 		Subd. 2.Other matters relating to children. Except as provided in clause (4), The 
93.3 	juvenile court has original and exclusive jurisdiction in proceedings concerning:
93.4 	(1) the termination of parental rights to a child in accordance with the provisions of 
93.5 	sections 260C.301 to 260C.328;
93.6 	(2) permanency matters under sections 260C.503 to 260C.521;
93.7 	(3) the appointment and removal of a juvenile court guardian for a child, where 
93.8 	parental rights have been terminated under the provisions of sections 260C.301 to 
93.9 	260C.328;
93.10 	(3) (4) judicial consent to the marriage of a child when required by law;
93.11 	(4) the juvenile court in those counties in which the judge of the probate-juvenile 
93.12 	court has been admitted to the practice of law in this state shall proceed under the laws 
93.13 	relating to adoptions in all adoption matters. In those counties in which the judge of the 
93.14 	probate-juvenile court has not been admitted to the practice of law in this state the district 
93.15 	court shall proceed under the laws relating to adoptions in
93.16 	(5) all adoption matters and review of the efforts to finalize the adoption of the child 
93.17 	under section 260C.317;
93.18 	(5) (6) the review of the placement of a child who is in foster care pursuant to a 
93.19 	voluntary placement agreement between the child's parent or parents and the responsible 
93.20 	social services agency under section 260C.212, subdivision 8 260C.227; or between the 
93.21 	child, when the child is over age 18, and the agency under section 260C.229; and
93.22 	(6) (7) the review of voluntary foster care placement of a child for treatment under 
93.23 	chapter 260D according to the review requirements of that chapter.

93.24 	Sec. 8. Minnesota Statutes 2010, section 260C.150, subdivision 1, is amended to read:
93.25 		Subdivision 1.Determining parentage. (a) A parent and child relationship may be 
93.26 	established under this chapter according to the requirements of section 257.54 and. The 
93.27 	requirements of the Minnesota Parentage Act, sections 257.51 to 257.74, must be followed 
93.28 	unless otherwise specified in this section.
93.29 	(b) An action to establish a parent and child relationship under this chapter must 
93.30 	be commenced by motion, which shall be personally served upon the alleged parent and 
93.31 	served upon all required parties under the Minnesota Parentage Act as provided for service 
93.32 	of motions in the Minnesota Rules of Juvenile Protection Procedure.  The motion shall be 
93.33 	brought in an existing juvenile protection proceeding and may be brought by any party, a 
93.34 	putative father, or the county attorney representing the responsible social services agency. 
94.1 	(c) Notwithstanding any other provisions of law, a motion to establish parentage 
94.2 	under this section, and any related documents or orders, are not confidential and are 
94.3 	accessible to the public according to the provisions of the Minnesota Rules of Juvenile 
94.4 	Protection Procedure. Any hearings related to establishment of paternity under this section 
94.5 	are accessible to the public according to the Minnesota Rules of Juvenile Protection 
94.6 	Procedure.
94.7 	(d) The court may order genetic testing of any putative father or any man presumed 
94.8 	to be the father of a child who is the subject of a juvenile protection matter unless paternity 
94.9 	of the child has already been adjudicated under the Minnesota Parentage Act or if a 
94.10 	recognition of parentage has been fully executed and filed under section 257.75 when the 
94.11 	recognition of parentage has the force and effect of a judgment or order determining the 
94.12 	existence of the parent and child relationship under section 257.66. If genetic testing is 
94.13 	ordered, a positive genetic test under section 257.62, subdivision 5, is required to establish 
94.14 	paternity for a child under this chapter.
94.15 	(e) A copy of the order establishing the parent and child relationship shall be filed 
94.16 	in family court. Any further proceedings for modification of the child support portion of 
94.17 	the order that establishes the parent and child relationship shall be brought in the family 
94.18 	court of the county where the original order was filed. The review shall be under chapters 
94.19 	518 and 518A. Notice of any family court proceedings shall be provided by the court 
94.20 	administrator to the responsible social services agency, which shall be a party to the 
94.21 	family court proceeding.

94.22 	Sec. 9. Minnesota Statutes 2010, section 260C.157, subdivision 1, is amended to read:
94.23 		Subdivision 1.Investigation. Upon request of the court the responsible social 
94.24 	services agency or probation officer shall investigate the personal and family history 
94.25 	and environment of any minor coming within the jurisdiction of the court under section 
94.26 	260C.101 and shall report its findings to the court. The court may order any minor coming 
94.27 	within its jurisdiction to be examined by a duly qualified physician, psychiatrist, or 
94.28 	psychologist appointed by the court. 
94.29 	Adoption investigations shall be conducted in accordance with the laws relating to 
94.30 	adoptions in chapter 259. Any funds received under the provisions of this subdivision 
94.31 	shall not cancel until the end of the fiscal year immediately following the fiscal year in 
94.32 	which the funds were received. The funds are available for use by the commissioner of 
94.33 	corrections during that period and are hereby appropriated annually to the commissioner of 
94.34 	corrections as reimbursement of the costs of providing these services to the juvenile courts.

95.1 	Sec. 10. Minnesota Statutes 2010, section 260C.163, subdivision 1, is amended to read:
95.2 		Subdivision 1.General. (a) Except for hearings arising under section 260C.425, 
95.3 	hearings on any matter shall be without a jury and may be conducted in an informal 
95.4 	manner. In all adjudicatory proceedings involving a child alleged to be in need of 
95.5 	protection or services regarding juvenile protection matters under this chapter, the court 
95.6 	shall admit only evidence that would be admissible in a civil trial. To be proved at trial, 
95.7 	allegations of a petition alleging a child to be in need of protection or services must be 
95.8 	proved by clear and convincing evidence.
95.9 	(b) Except for proceedings involving a child alleged to be in need of protection or 
95.10 	services and petitions for the termination of parental rights, hearings may be continued or 
95.11 	adjourned from time to time. In proceedings involving a child alleged to be in need of 
95.12 	protection or services and petitions for the termination of parental rights, hearings may not 
95.13 	be continued or adjourned for more than one week unless the court makes specific findings 
95.14 	that the continuance or adjournment is in the best interests of the child. If a hearing is held 
95.15 	on a petition involving physical or sexual abuse of a child who is alleged to be in need of 
95.16 	protection or services or neglected and in foster care, the court shall file the decision with 
95.17 	the court administrator as soon as possible but no later than 15 days after the matter is 
95.18 	submitted to the court. When a continuance or adjournment is ordered in any proceeding, 
95.19 	the court may make any interim orders as it deems in the best interests of the minor in 
95.20 	accordance with the provisions of sections 260C.001 to 260C.421 this chapter.
95.21 	(c) Absent exceptional circumstances, hearings under this chapter, except hearings 
95.22 	in adoption proceedings, are presumed to be accessible to the public, however the court 
95.23 	may close any hearing and the records related to any matter as provided in the Minnesota 
95.24 	Rules of Juvenile Protection Procedure.
95.25 	(d) Adoption hearings shall be conducted in accordance with the provisions of laws 
95.26 	relating to adoptions are closed to the public and all records related to an adoption are 
95.27 	inaccessible except as provided in the Minnesota Rules of Adoption Procedure.
95.28 	(e) In any permanency hearing, including the transition of a child from foster care 
95.29 	to independent living, the court shall ensure that its consult with the child during the 
95.30 	hearing is in an age-appropriate manner.

95.31 	Sec. 11. Minnesota Statutes 2010, section 260C.163, subdivision 4, is amended to read:
95.32 		Subd. 4.County attorney. Except in adoption proceedings, the county attorney 
95.33 	shall present the evidence upon request of the court. In representing the responsible social 
95.34 	services agency, the county attorney shall also have the responsibility for advancing the 
95.35 	public interest in the welfare of the child.

96.1 	Sec. 12. Minnesota Statutes 2010, section 260C.178, subdivision 1, is amended to read:
96.2 		Subdivision 1.Hearing and release requirements. (a) If a child was taken into 
96.3 	custody under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall 
96.4 	hold a hearing within 72 hours of the time the child was taken into custody, excluding 
96.5 	Saturdays, Sundays, and holidays, to determine whether the child should continue in 
96.6 	custody.
96.7 	(b) Unless there is reason to believe that the child would endanger self or others or 
96.8 	not return for a court hearing, or that the child's health or welfare would be immediately 
96.9 	endangered, the child shall be released to the custody of a parent, guardian, custodian, 
96.10 	or other suitable person, subject to reasonable conditions of release including, but not 
96.11 	limited to, a requirement that the child undergo a chemical use assessment as provided in 
96.12 	section 260C.157, subdivision 1.
96.13 	(c) If the court determines there is reason to believe that the child would endanger 
96.14 	self or others or not return for a court hearing, or that the child's health or welfare would 
96.15 	be immediately endangered if returned to the care of the parent or guardian who has 
96.16 	custody and from whom the child was removed, the court shall order the child into 
96.17 	foster care under the legal responsibility of the responsible social services agency or 
96.18 	responsible probation or corrections agency for the purposes of protective care as that term 
96.19 	is used in the juvenile court rules or into the home of a noncustodial parent and order the 
96.20 	noncustodial parent to comply with any conditions the court determines to be appropriate 
96.21 	to the safety and care of the child, including cooperating with paternity establishment 
96.22 	proceedings in the case of a man who has not been adjudicated the child's father. The 
96.23 	court shall not give the responsible social services legal custody and order a trial home 
96.24 	visit at any time prior to adjudication and disposition under section 260C.201, subdivision 
96.25 	1, paragraph (a), clause (3), but may order the child returned to the care of the parent or 
96.26 	guardian who has custody and from whom the child was removed and order the parent or 
96.27 	guardian to comply with any conditions the court determines to be appropriate to meet 
96.28 	the safety, health, and welfare of the child.
96.29 	(d) In determining whether the child's health or welfare would be immediately 
96.30 	endangered, the court shall consider whether the child would reside with a perpetrator 
96.31 	of domestic child abuse.
96.32 	(e) The court, before determining whether a child should be placed in or continue 
96.33 	in foster care under the protective care of the responsible agency, shall also make a 
96.34 	determination, consistent with section 260.012 as to whether reasonable efforts were made 
96.35 	to prevent placement or whether reasonable efforts to prevent placement are not required. 
96.36 	In the case of an Indian child, the court shall determine whether active efforts, according 
97.1 	to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d), 
97.2 	were made to prevent placement. The court shall enter a finding that the responsible 
97.3 	social services agency has made reasonable efforts to prevent placement when the agency 
97.4 	establishes either:
97.5 	(1) that it has actually provided services or made efforts in an attempt to prevent 
97.6 	the child's removal but that such services or efforts have not proven sufficient to permit 
97.7 	the child to safely remain in the home; or
97.8 	(2) that there are no services or other efforts that could be made at the time of the 
97.9 	hearing that could safely permit the child to remain home or to return home. When 
97.10 	reasonable efforts to prevent placement are required and there are services or other efforts 
97.11 	that could be ordered which would permit the child to safely return home, the court shall 
97.12 	order the child returned to the care of the parent or guardian and the services or efforts put 
97.13 	in place to ensure the child's safety. When the court makes a prima facie determination 
97.14 	that one of the circumstances under paragraph (g) exists, the court shall determine that 
97.15 	reasonable efforts to prevent placement and to return the child to the care of the parent or 
97.16 	guardian are not required.
97.17 	If the court finds the social services agency's preventive or reunification efforts 
97.18 	have not been reasonable but further preventive or reunification efforts could not permit 
97.19 	the child to safely remain at home, the court may nevertheless authorize or continue 
97.20 	the removal of the child.
97.21 	(f) The court may not order or continue the foster care placement of the child unless 
97.22 	the court makes explicit, individualized findings that continued custody of the child by 
97.23 	the parent or guardian would be contrary to the welfare of the child and that placement is 
97.24 	in the best interest of the child.
97.25 	(g) At the emergency removal hearing, or at any time during the course of the 
97.26 	proceeding, and upon notice and request of the county attorney, the court shall determine 
97.27 	whether a petition has been filed stating a prima facie case that:
97.28 	(1) the parent has subjected a child to egregious harm as defined in section 
97.29 	260C.007, subdivision 14;
97.30 	(2) the parental rights of the parent to another child have been involuntarily 
97.31 	terminated;
97.32 	(3) the child is an abandoned infant under section 260C.301, subdivision 2, 
97.33 	paragraph (a), clause (2);
97.34 	(4) the parents' custodial rights to another child have been involuntarily transferred 
97.35 	to a relative under Minnesota Statutes 2010, section 260C.201, subdivision 11, paragraph 
97.36 	(e), clause (1); section 260C.515, subdivision 4, or a similar law of another jurisdiction; or
98.1 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 
98.2 	2, against the child or another child of the parent;
98.3 	(6) the parent has committed an offense that requires registration as a predatory 
98.4 	offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
98.5 	(7) the provision of services or further services for the purpose of reunification is 
98.6 	futile and therefore unreasonable.
98.7 	(h) When a petition to terminate parental rights is required under section 260C.301, 
98.8 	subdivision 3 or 4, but the county attorney has determined not to proceed with a 
98.9 	termination of parental rights petition, and has instead filed a petition to transfer permanent 
98.10 	legal and physical custody to a relative under section 260C.201, subdivision 11 260C.507, 
98.11 	the court shall schedule a permanency hearing within 30 days of the filing of the petition.
98.12 	(i) If the county attorney has filed a petition under section 260C.307, the court shall 
98.13 	schedule a trial under section 260C.163 within 90 days of the filing of the petition except 
98.14 	when the county attorney determines that the criminal case shall proceed to trial first under 
98.15 	section 260C.201, subdivision 3 260C.503, subdivision 2, paragraph (c).
98.16 	(j) If the court determines the child should be ordered into foster care and the child's 
98.17 	parent refuses to give information to the responsible social services agency regarding the 
98.18 	child's father or relatives of the child, the court may order the parent to disclose the names, 
98.19 	addresses, telephone numbers, and other identifying information to the responsible social 
98.20 	services agency for the purpose of complying with the requirements of sections 260C.151, 
98.21 	260C.212, and 260C.215.
98.22 	(k) If a child ordered into foster care has siblings, whether full, half, or step, who 
98.23 	are also ordered into foster care, the court shall inquire of the responsible social services 
98.24 	agency of the efforts to place the children together as required by section 260C.212, 
98.25 	subdivision 2, paragraph (d), if placement together is in each child's best interests, unless 
98.26 	a child is in placement for treatment or a child is placed with a previously noncustodial 
98.27 	parent who is not a parent to all siblings. If the children are not placed together at the time 
98.28 	of the hearing, the court shall inquire at each subsequent hearing of the agency's reasonable 
98.29 	efforts to place the siblings together, as required under section 260.012. If any sibling is 
98.30 	not placed with another sibling or siblings, the agency must develop a plan to facilitate 
98.31 	visitation or ongoing contact among the siblings as required under section 260C.212, 
98.32 	subdivision 1, unless it is contrary to the safety or well-being of any of the siblings to do so.
98.33 	(l) When the court has ordered the child into foster care or into the home of a 
98.34 	noncustodial parent, the court may order a chemical dependency evaluation, mental health 
98.35 	evaluation, medical examination, and parenting assessment for the parent as necessary 
98.36 	to support the development of a plan for reunification required under subdivision 7 and 
99.1 	section 260C.212, subdivision 1, or the child protective services plan under section 
99.2 	626.556, subdivision 10, and Minnesota Rules, part 9560.0228.

99.3 	Sec. 13. Minnesota Statutes 2010, section 260C.178, subdivision 7, is amended to read:
99.4 		Subd. 7.Out-of-home placement plan. (a) An out-of-home placement plan 
99.5 	required under section 260C.212 shall be filed with the court within 30 days of the filing 
99.6 	of a juvenile protection petition alleging the child to be in need of protection or services
99.7 	under section 260C.141, subdivision 1, when the court orders emergency removal of the 
99.8 	child under this section, or filed with the petition if the petition is a review of a voluntary 
99.9 	placement under section 260C.141, subdivision 2.
99.10 	(b) Upon the filing of the out-of-home placement plan which has been developed 
99.11 	jointly with the parent and in consultation with others as required under section 260C.212, 
99.12 	subdivision 1, the court may approve implementation of the plan by the responsible social 
99.13 	services agency based on the allegations contained in the petition and any evaluations, 
99.14 	examinations, or assessments conducted under subdivision 1, paragraph (l). The court 
99.15 	shall send written notice of the approval of the out-of-home placement plan to all parties 
99.16 	and the county attorney or may state such approval on the record at a hearing. A parent 
99.17 	may agree to comply with the terms of the plan filed with the court.
99.18 	(c) The responsible social services agency shall make reasonable attempts efforts
99.19 	to engage a parent both parents of the child in case planning. If the parent refuses to 
99.20 	cooperate in the development of the out-of-home placement plan or disagrees with the 
99.21 	services recommended by The responsible social service agency, the agency shall note 
99.22 	such refusal or disagreement for the court report the results of its efforts to engage the 
99.23 	child's parents in the out-of-home placement plan filed with the court. The agency shall 
99.24 	notify the court of the services it will provide or efforts it will attempt under the plan 
99.25 	notwithstanding the parent's refusal to cooperate or disagreement with the services. The 
99.26 	parent may ask the court to modify the plan to require different or additional services 
99.27 	requested by the parent, but which the agency refused to provide. The court may approve 
99.28 	the plan as presented by the agency or may modify the plan to require services requested 
99.29 	by the parent. The court's approval shall be based on the content of the petition.
99.30 	(d) Unless the parent agrees to comply with the terms of the out-of-home placement 
99.31 	plan, the court may not order a parent to comply with the provisions of the plan until the 
99.32 	court finds the child is in need of protection or services and orders disposition under 
99.33 	section 260C.201, subdivision 1. However, the court may find that the responsible social 
99.34 	services agency has made reasonable efforts for reunification if the agency makes efforts 
99.35 	to implement the terms of an out-of-home placement plan approved under this section.

100.1 	Sec. 14. Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:
100.2 		Subd. 3.Best interest of the child in foster care or residential care. (a) The 
100.3 	policy of the state is to ensure that the best interests of children in foster or residential
100.4 	care, who experience transfer of permanent legal and physical custody to a relative under 
100.5 	section 260C.515, subdivision 4, or adoption under chapter 259 are met by requiring 
100.6 	individualized determinations under section 260C.212, subdivision 2, paragraph (b), of 
100.7 	the needs of the child and of how the selected placement home will serve the needs of the 
100.8 	child in foster care placements. 
100.9 	(b) No later than three months after a child is ordered removed from the care of a 
100.10 	parent in the hearing required under section 260C.202, the court shall review and enter 
100.11 	findings regarding whether the responsible social services agency made:
100.12 	(1) diligent efforts to identify and search for relatives as required under section 
100.13 	260C.212, subdivision 5, 260C.221; and made
100.14 	(2) an individualized determination as required under section 260C.212, subdivision 
100.15 	2, to select a home that meets the needs of the child. 
100.16 	(c) If the court finds the agency has not made efforts as required under section 
100.17 	260C.212, subdivision 5 260C.221, and there is a relative who qualifies to be licensed 
100.18 	to provide family foster care under chapter 245A, the court may order the child placed 
100.19 	with the relative consistent with the child's best interests. 
100.20 	(d) If the agency's efforts under section 260C.221 are found to be sufficient, the 
100.21 	court shall order the agency to continue to appropriately engage relatives who responded 
100.22 	to the notice under section 260C.221 in placement and case planning decisions and to 
100.23 	appropriately engage relatives who subsequently come to the agency's attention.
100.24 	(c) (e) If the child's birth parent or parents explicitly request that a relative or 
100.25 	important friend not be considered, the court shall honor that request if it is consistent with 
100.26 	the best interests of the child. If the child's birth parent or parents express a preference 
100.27 	for placing the child in a foster or adoptive home of the same or a similar religious 
100.28 	background to that of the birth parent or parents, the court shall order placement of the 
100.29 	child with an individual who meets the birth parent's religious preference.
100.30 	(d) (f) Placement of a child cannot be delayed or denied based on race, color, or 
100.31 	national origin of the foster parent or the child.
100.32 	(e) (g) Whenever possible, siblings should be placed together unless it is determined 
100.33 	not to be in the best interests of a sibling siblings. If siblings are were not placed together 
100.34 	according to section 260C.212, subdivision 2, paragraph (d), the responsible social 
100.35 	services agency shall report to the court the efforts made to place the siblings together 
100.36 	and why the efforts were not successful. If the court is not satisfied with that the agency's
101.1 	agency has made reasonable efforts to place siblings together, the court may must order 
101.2 	the agency to make further reasonable efforts. If siblings are not placed together the court 
101.3 	shall review order the responsible social services agency's agency to implement the plan 
101.4 	for visitation among siblings required as part of the out-of-home placement plan under 
101.5 	section 260C.212. 
101.6 	(f) (h) This subdivision does not affect the Indian Child Welfare Act, United States 
101.7 	Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation 
101.8 	Act, sections 260.751 to 260.835. 

101.9 	Sec. 15. Minnesota Statutes 2010, section 260C.193, subdivision 6, is amended to read:
101.10 		Subd. 6.Jurisdiction to review foster care to age 21, termination of jurisdiction, 
101.11 	jurisdiction to age 18. (a) Jurisdiction over a child in foster care pursuant to section 
101.12 	260C.451may shall continue to age 21 for the purpose of conducting the reviews required 
101.13 	under section 260C.201, subdivision 11, paragraph (d), 260C.212, subdivision 7, or
101.14 	260C.317, subdivision 3, 260C.203, or 260C.515, subdivision 5 or 6. Jurisdiction over a 
101.15 	child in foster care pursuant to section 260C.451 shall not be terminated without giving 
101.16 	the child notice of any motion or proposed order to dismiss jurisdiction and an opportunity 
101.17 	to be heard on the appropriateness of the dismissal. When a child in foster care pursuant to 
101.18 	section 260C.451 asks to leave foster care or actually leaves foster care, the court may 
101.19 	terminate its jurisdiction.
101.20 	(b) Except when a court order is necessary for a child to be in foster care or when 
101.21 	continued review under (1) section 260C.212, subdivision 7, paragraph (d), or 260C.201, 
101.22 	subdivision 11, paragraph (d), and (2) section 260C.317, subdivision 3, is required for a 
101.23 	child in foster care under section 260C.451, The court may terminate jurisdiction on its 
101.24 	own motion or the motion of any interested party upon a determination that jurisdiction is 
101.25 	no longer necessary to protect the child's best interests except when:
101.26 	(1) a court order is necessary for a child to be in foster care; or
101.27 	(2) continued review under section 260C.203, 260C.515, subdivision 5 or 6, or 
101.28 	260C.317, subdivision 3, is required for a child in foster care under section 260C.451.
101.29 	(c) Unless terminated by the court, and except as otherwise provided in this 
101.30 	subdivision, the jurisdiction of the court shall continue until the child becomes 18 years 
101.31 	of age. The court may continue jurisdiction over an individual and all other parties to 
101.32 	the proceeding to the individual's 19th birthday when continuing jurisdiction is in the 
101.33 	individual's best interest in order to:
101.34 	(1) protect the safety or health of the individual;
102.1 	(2) accomplish additional planning for independent living or for the transition out of 
102.2 	foster care; or
102.3 	(3) support the individual's completion of high school or a high school equivalency 
102.4 	program.

102.5 	Sec. 16. Minnesota Statutes 2010, section 260C.201, subdivision 2, is amended to read:
102.6 		Subd. 2.Written findings. (a) Any order for a disposition authorized under this 
102.7 	section shall contain written findings of fact to support the disposition and case plan 
102.8 	ordered and shall also set forth in writing the following information:
102.9 	(1) why the best interests and safety of the child are served by the disposition and 
102.10 	case plan ordered;
102.11 	(2) what alternative dispositions or services under the case plan were considered by 
102.12 	the court and why such dispositions or services were not appropriate in the instant case;
102.13 	(3) when legal custody of the child is transferred, the appropriateness of the 
102.14 	particular placement made or to be made by the placing agency using the factors in section 
102.15 	260C.212, subdivision 2, paragraph (b);
102.16 	(4) whether reasonable efforts to finalize the permanent plan for the child consistent 
102.17 	with section 260.012 were made including reasonable efforts:
102.18 	(i) to prevent or eliminate the necessity of the child's removal placement and to 
102.19 	reunify the family after removal child with the parent or guardian from whom the child was 
102.20 	removed at the earliest time consistent with the child's safety. The court's findings must 
102.21 	include a brief description of what preventive and reunification efforts were made and 
102.22 	why further efforts could not have prevented or eliminated the necessity of removal or that 
102.23 	reasonable efforts were not required under section 260.012 or 260C.178, subdivision 1; 
102.24 	(ii) to identify and locate any noncustodial or nonresident parent of the child and to 
102.25 	assess such parent's ability to provide day-to-day care of the child, and, where appropriate, 
102.26 	provide services necessary to enable the noncustodial or nonresident parent to safely 
102.27 	provide day-to-day care of the child as required under section 260C.219, unless such 
102.28 	services are not required under section 260.012 or 260C.178, subdivision 1;
102.29 	(iii) to make the diligent search for relatives and provide the notices required under 
102.30 	section 260C.221; a finding made pursuant to a hearing under section 260C.202 that 
102.31 	the agency has made diligent efforts to conduct a relative search and has appropriately 
102.32 	engaged relatives who responded to the notice under section 260C.221 and other relatives, 
102.33 	who came to the attention of the agency after notice under section 260C.221 was sent, in 
102.34 	placement and case planning decisions fulfills the requirement of this item;
103.1 	(iv) to identify and make a foster care placement in the home of an unlicensed 
103.2 	relative, according to the requirements of section 245A.035, a licensed relative, or other 
103.3 	licensed foster care provider who will commit to being the permanent legal parent or 
103.4 	custodian for the child in the event reunification cannot occur, but who will actively 
103.5 	support the reunification plan for the child; and
103.6 	(v) to place siblings together in the same home or to ensure visitation is occurring 
103.7 	when siblings are separated in foster care placement and visitation is in the siblings' best 
103.8 	interests under section 260C.212, subdivision 2, paragraph (d); and
103.9 	(5) if the child has been adjudicated as a child in need of protection or services 
103.10 	because the child is in need of special services or care to treat or ameliorate a mental 
103.11 	disability or emotional disturbance as defined in section 245.4871, subdivision 15, the 
103.12 	written findings shall also set forth:
103.13 	(i) whether the child has mental health needs that must be addressed by the case plan;
103.14 	(ii) what consideration was given to the diagnostic and functional assessments 
103.15 	performed by the child's mental health professional and to health and mental health care 
103.16 	professionals' treatment recommendations;
103.17 	(iii) what consideration was given to the requests or preferences of the child's parent 
103.18 	or guardian with regard to the child's interventions, services, or treatment; and
103.19 	(iv) what consideration was given to the cultural appropriateness of the child's 
103.20 	treatment or services.
103.21 	(b) If the court finds that the social services agency's preventive or reunification 
103.22 	efforts have not been reasonable but that further preventive or reunification efforts could 
103.23 	not permit the child to safely remain at home, the court may nevertheless authorize or 
103.24 	continue the removal of the child.
103.25 	(c) If the child has been identified by the responsible social services agency as the 
103.26 	subject of concurrent permanency planning, the court shall review the reasonable efforts 
103.27 	of the agency to recruit, identify, and make a placement in a home where the foster parent 
103.28 	or relative that has committed to being the legally permanent home for the child in the 
103.29 	event reunification efforts are not successful develop a permanency plan for the child that 
103.30 	includes a primary plan which is for reunification with the child's parent or guardian and a 
103.31 	secondary plan which is for an alternative, legally permanent home for the child in the 
103.32 	event reunification cannot be achieved in a timely manner.

103.33 	Sec. 17. Minnesota Statutes 2010, section 260C.201, subdivision 10, is amended to 
103.34 	read:
104.1 		Subd. 10.Court review of foster care. (a) If the court orders a child placed 
104.2 	in foster care, the court shall review the out-of-home placement plan and the child's 
104.3 	placement at least every 90 days as required in juvenile court rules to determine whether 
104.4 	continued out-of-home placement is necessary and appropriate or whether the child should 
104.5 	be returned home. This review is not required if the court has returned the child home, 
104.6 	ordered the child permanently placed away from the parent under subdivision 11, or 
104.7 	terminated rights under section 260C.301. Court review for a child permanently placed 
104.8 	away from a parent, including where the child is under guardianship and legal custody of 
104.9 	the commissioner, shall be governed by subdivision 11 or section 260C.317, subdivision 
104.10 	3, whichever is applicable 260C.607.
104.11 	(b) No later than six three months after the child's placement in foster care, the court 
104.12 	shall review agency efforts pursuant to section 260C.212, subdivision 2 260C.221, and 
104.13 	order that the efforts continue if the agency has failed to perform the duties under that 
104.14 	section. The court must order the agency to continue to appropriately engage relatives 
104.15 	who responded to the notice under section 260C.221 in placement and case planning 
104.16 	decisions and to engage other relatives who came to the agency's attention after notice 
104.17 	under section 260C.221 was sent.
104.18 	(c) The court shall review the out-of-home placement plan and may modify the plan 
104.19 	as provided under subdivisions 6 and 7.
104.20 	(d) When the court orders transfer of custody to a responsible social services 
104.21 	agency resulting in foster care or protective supervision with a noncustodial parent under 
104.22 	subdivision 1, the court shall notify the parents of the provisions of subdivisions 11 and
104.23 	subdivision 11a and sections 260C.503 to 260C.521, as required under juvenile court rules.
104.24 	(e) When a child remains in or returns to foster care pursuant to section 260C.451 and 
104.25 	the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the 
104.26 	court shall at least annually conduct the review required under subdivision 11, paragraph 
104.27 	(d), or sections 260C.212, subdivision 7, and 260C.317, subdivision 3 section 260C.203.

104.28 	Sec. 18. Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:
104.29 		Subd. 5.Relative search. (a) The responsible social services agency shall exercise 
104.30 	due diligence to identify and notify adult relatives prior to placement or within 30 days 
104.31 	after the child's removal from the parent. The county agency shall consider placement with 
104.32 	a relative under subdivision 2 without delay and whenever the child must move from or be 
104.33 	returned to foster care. The relative search required by this section shall be reasonable and
104.34 	comprehensive in scope and may last up to six months or until a fit and willing relative 
104.35 	is identified. After a finding that the agency has made reasonable efforts to conduct the 
105.1 	relative search under this paragraph, the agency has the continuing responsibility to 
105.2 	appropriately involve relatives, who have responded to the notice required under this 
105.3 	paragraph, in planning for the child and to continue to consider relatives according to 
105.4 	the requirements of section 260C.212, subdivision 2. At any time during the course of 
105.5 	juvenile protection proceedings, the court may order the agency to reopen its search for 
105.6 	relatives when it is in the child's best interest to do so. The relative search required by this 
105.7 	section shall include both maternal relatives of the child and paternal relatives of the child, 
105.8 	if paternity is adjudicated. The search shall also include getting information from the child 
105.9 	in an age-appropriate manner about who the child considers to be family members and 
105.10 	important friends with whom the child has resided or had significant contact. The relative 
105.11 	search required under this section must fulfill the agency's duties under the Indian Child 
105.12 	Welfare Act regarding active efforts to prevent the breakup of the Indian family under 
105.13 	United States Code, title 25, section 1912(d), and to meet placement preferences under 
105.14 	United States Code, title 25, section 1915. The relatives must be notified:
105.15 	(1) of the need for a foster home for the child, the option to become a placement 
105.16 	resource for the child, and the possibility of the need for a permanent placement for the 
105.17 	child;
105.18 	(2) of their responsibility to keep the responsible social services agency informed of 
105.19 	their current address in order to receive notice in the event that a permanent placement is 
105.20 	sought for the child. A relative who fails to provide a current address to the responsible 
105.21 	social services agency forfeits the right to notice of the possibility of permanent placement. 
105.22 	A decision by a relative not to be identified as a potential permanent placement resource
105.23 	or participate in planning for the child at the beginning of the case shall not affect whether 
105.24 	the relative is considered for placement of the child with that relative later;
105.25 	(3) that the relative may participate in the care and planning for the child, including 
105.26 	that the opportunity for such participation may be lost by failing to respond to the notice. 
105.27 	"Participate in the care and planning" includes, but is not limited to, participation in case 
105.28 	planning for the parent and child, identifying the strengths and needs of the parent and 
105.29 	child, supervising visits, providing respite and vacation visits for the child, providing 
105.30 	transportation to appointments, suggesting other relatives who might be able to help 
105.31 	support the case plan, and to the extent possible, helping to maintain the child's familiar 
105.32 	and regular activities and contact with friends and relatives; and
105.33 	(4) of the family foster care licensing requirements, including how to complete an 
105.34 	application and how to request a variance from licensing standards that do not present a 
105.35 	safety or health risk to the child in the home under section 245A.04 and supports that are 
105.36 	available for relatives and children who reside in a family foster home.; and
106.1 	(5) of the relatives' right to ask to be notified of any court proceedings regarding 
106.2 	the child, to attend the hearings, and of a relative's right or opportunity to be heard by the 
106.3 	court as required under section 260C.152, subdivision 5.
106.4 	(b) A responsible social services agency may disclose private or confidential data, 
106.5 	as defined in section sections13.02 and 626.556, to relatives of the child for the purpose 
106.6 	of locating and assessing a suitable placement and may use any reasonable means of 
106.7 	identifying and locating relatives including the Internet or other electronic means of 
106.8 	conducting a search. The agency shall disclose only data that is necessary to facilitate 
106.9 	possible placement with relatives and to ensure that the relative is informed of the needs 
106.10 	of the child so the relative can participate in planning for the child and be supportive of 
106.11 	services to the child and family. If the child's parent refuses to give the responsible social 
106.12 	services agency information sufficient to identify the maternal and paternal relatives of the 
106.13 	child, the agency shall ask the juvenile court to order the parent to provide the necessary 
106.14 	information. If a parent makes an explicit request that relatives or a specific relative not be 
106.15 	contacted or considered for placement, the agency shall bring the parent's request to the 
106.16 	attention of the court to determine whether the parent's request is consistent with the best 
106.17 	interests of the child and the agency shall not contact relatives or a specific relative unless 
106.18 	authorized to do so by the juvenile court.
106.19 	(c) At a regularly scheduled hearing not later than three months after the child's 
106.20 	placement in foster care and as required in section 260C.202, the agency shall report to 
106.21 	the court:
106.22 	(1) its efforts to identify maternal and paternal relatives of the child, to engage the 
106.23 	relatives in providing support for the child and family, and document that the relatives 
106.24 	have been provided the notice required under paragraph (a); and
106.25 	(2) its decision regarding placing the child with a relative as required under section 
106.26 	260C.212, subdivision 2, and to ask relatives to visit or maintain contact with the child in 
106.27 	order to support family connections for the child, when placement with a relative is not 
106.28 	possible or appropriate.
106.29 	(d) Notwithstanding chapter 13, the agency shall disclose data about particular 
106.30 	relatives identified, searched for, and contacted for the purposes of the court's review of 
106.31 	the agency's due diligence.
106.32 	(e) When the court is satisfied that the agency has exercised due diligence to 
106.33 	identify relatives and provide the notice required in paragraph (a), the court may find that 
106.34 	reasonable efforts have been made to conduct a relative search to identify and provide 
106.35 	notice to adult relatives as required under section 260.012, paragraph (e), clause (3). If the 
106.36 	court is not satisfied that the agency has exercised due diligence to identify relatives and 
107.1 	provide the notice required in paragraph (a), the court may order the agency to continue its 
107.2 	search and notice efforts and to report back to the court.
107.3 	(f) When the placing agency determines that a permanent placement hearing is
107.4 	proceedings are necessary because there is a likelihood that the child will not return to a 
107.5 	parent's care, the agency may must send the notice provided in paragraph (d) (g), may ask 
107.6 	the court to modify the requirements duty of the agency under this paragraph to send the 
107.7 	notice required in paragraph (g), or may ask the court to completely relieve the agency 
107.8 	of the requirements of this paragraph (g). The relative notification requirements of this
107.9 	paragraph (g) do not apply when the child is placed with an appropriate relative or a 
107.10 	foster home that has committed to being the adopting the child or taking permanent legal 
107.11 	placement for and physical custody of the child and the agency approves of that foster 
107.12 	home for permanent placement of the child. The actions ordered by the court under this 
107.13 	section must be consistent with the best interests, safety, permanency, and welfare of 
107.14 	the child.
107.15 	(d) (g) Unless required under the Indian Child Welfare Act or relieved of this duty 
107.16 	by the court under paragraph (c) (e), when the agency determines that it is necessary to 
107.17 	prepare for the permanent placement determination hearing proceedings, or in anticipation 
107.18 	of filing a termination of parental rights petition, the agency shall send notice to the 
107.19 	relatives, any adult with whom the child is currently residing, any adult with whom the 
107.20 	child has resided for one year or longer in the past, and any adults who have maintained a 
107.21 	relationship or exercised visitation with the child as identified in the agency case plan. The 
107.22 	notice must state that a permanent home is sought for the child and that the individuals 
107.23 	receiving the notice may indicate to the agency their interest in providing a permanent 
107.24 	home. The notice must state that within 30 days of receipt of the notice an individual 
107.25 	receiving the notice must indicate to the agency the individual's interest in providing 
107.26 	a permanent home for the child or that the individual may lose the opportunity to be 
107.27 	considered for a permanent placement.
107.28 	(e) The Department of Human Services shall develop a best practices guide and 
107.29 	specialized staff training to assist the responsible social services agency in performing and 
107.30 	complying with the relative search requirements under this subdivision.

107.31 	Sec. 19. Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:
107.32 		Subd. 7.Administrative or court review of placements. (a) Unless the court is 
107.33 	conducting the reviews required under section 260C.202, there shall be an administrative 
107.34 	review of the out-of-home placement plan of each child placed in foster care no later than 
107.35 	180 days after the initial placement of the child in foster care and at least every six months 
108.1 	thereafter if the child is not returned to the home of the parent or parents within that time. 
108.2 	The out-of-home placement plan must be monitored and updated at each administrative 
108.3 	review. The administrative review shall be conducted by the responsible social services 
108.4 	agency using a panel of appropriate persons at least one of whom is not responsible for the 
108.5 	case management of, or the delivery of services to, either the child or the parents who are 
108.6 	the subject of the review. The administrative review shall be open to participation by the 
108.7 	parent or guardian of the child and the child, as appropriate.
108.8 	(b) As an alternative to the administrative review required in paragraph (a), the court 
108.9 	may, as part of any hearing required under the Minnesota Rules of Juvenile Protection 
108.10 	Procedure, conduct a hearing to monitor and update the out-of-home placement plan 
108.11 	pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph 
108.12 	(d). The party requesting review of the out-of-home placement plan shall give parties to 
108.13 	the proceeding notice of the request to review and update the out-of-home placement 
108.14 	plan. A court review conducted pursuant to section 260C.141, subdivision 2;260C.193; 
108.15 	260C.201, subdivision 1 or 11; 260C.141, subdivision 2; 260C.317 260C.202; 260C.204; 
108.16 	260C.317; or 260D.06 shall satisfy the requirement for the review so long as the other 
108.17 	requirements of this section are met.
108.18 	(c) As appropriate to the stage of the proceedings and relevant court orders, the 
108.19 	responsible social services agency or the court shall review:
108.20 	(1) the safety, permanency needs, and well-being of the child;
108.21 	(2) the continuing necessity for and appropriateness of the placement;
108.22 	(3) the extent of compliance with the out-of-home placement plan;
108.23 	(4) the extent of progress which that has been made toward alleviating or mitigating 
108.24 	the causes necessitating placement in foster care;
108.25 	(5) the projected date by which the child may be returned to and safely maintained in 
108.26 	the home or placed permanently away from the care of the parent or parents or guardian; 
108.27 	and
108.28 	(6) the appropriateness of the services provided to the child.
108.29 	(d) When a child is age 16 or older, in addition to any administrative review 
108.30 	conducted by the agency, at the in-court review required under section 260C.201, 
108.31 	subdivision 11, or260C.317, subdivision 3, clause (3), or 260C.515, subdivision 5 or 
108.32 	6, the court shall review the independent living plan required under section 260C.201,
108.33 	subdivision 1, paragraph (c), clause (11), and the provision of services to the child related 
108.34 	to the well-being of the child as the child prepares to leave foster care. The review shall 
108.35 	include the actual plans related to each item in the plan necessary to the child's future 
108.36 	safety and well-being when the child is no longer in foster care.
109.1 	(1) (e) At the court review required under paragraph (d) for a child age 16 or older 
109.2 	the following procedures apply:
109.3 	(1) six months before the child is expected to be discharged from foster care, the 
109.4 	responsible social services agency shall establish that it has given give the written
109.5 	notice required under section 260C.456 or Minnesota Rules, part 9560.0660 260C.451, 
109.6 	subdivision 1, regarding the right to continued access to services for certain children in 
109.7 	foster care past age 18 and of the right to appeal a denial of social services under section 
109.8 	256.045. If The agency is unable to establish that shall file a copy of the notice, including 
109.9 	the right to appeal a denial of social services, has been given, with the court. If the agency 
109.10 	does not file the notice by the time the child is age 17-1/2, the court shall require the 
109.11 	agency to give it.;
109.12 	(2) consistent with the requirements of the independent living plan, the court shall 
109.13 	review progress toward or accomplishment of the following goals:
109.14 	(i) the child has obtained a high school diploma or its equivalent;
109.15 	(ii) the child has completed a driver's education course or has demonstrated the 
109.16 	ability to use public transportation in the child's community;
109.17 	(iii) the child is employed or enrolled in postsecondary education;
109.18 	(iv) the child has applied for and obtained postsecondary education financial aid for 
109.19 	which the child is eligible;
109.20 	(v) the child has health care coverage and health care providers to meet the child's 
109.21 	physical and mental health needs;
109.22 	(vi) the child has applied for and obtained disability income assistance for which 
109.23 	the child is eligible;
109.24 	(vii) the child has obtained affordable housing with necessary supports, which does 
109.25 	not include a homeless shelter;
109.26 	(viii) the child has saved sufficient funds to pay for the first month's rent and a 
109.27 	damage deposit;
109.28 	(ix) the child has an alternative affordable housing plan, which does not include a 
109.29 	homeless shelter, if the original housing plan is unworkable;
109.30 	(x) the child, if male, has registered for the Selective Service; and
109.31 	(xi) the child has a permanent connection to a caring adult.; and
109.32 	(3) the court shall ensure that the responsible agency in conjunction with the 
109.33 	placement provider assists the child in obtaining the following documents prior to the 
109.34 	child's leaving foster care: a Social Security card; the child's birth certificate; a state 
109.35 	identification card or driver's license, green card, or school visa; the child's school, 
110.1 	medical, and dental records; a contact list of the child's medical, dental, and mental health 
110.2 	providers; and contact information for the child's siblings, if the siblings are in foster care.
110.3 	(e) When a child is age 17 or older, during the 90-day period immediately prior to 
110.4 	the date the child is expected to be discharged from foster care, the responsible social 
110.5 	services agency is required to provide the child with assistance and support in developing 
110.6 	a transition plan that is personalized at the direction of the child. (f) For a child who 
110.7 	will be discharged from foster care at age 18 or older, the responsible social services 
110.8 	agency is required to develop a personalized transition plan as directed by the youth. The 
110.9 	transition plan must be developed during the 90-day period immediately prior to the 
110.10 	expected date of discharge. The transition plan must be as detailed as the child may elect 
110.11 	and include specific options on housing, health insurance, education, local opportunities 
110.12 	for mentors and continuing support services, and work force supports and employment 
110.13 	services. The plan must include information on the importance of designating another 
110.14 	individual to make health care treatment decisions on behalf of the child if the child 
110.15 	becomes unable to participate in these decisions and the child does not have, or does not 
110.16 	want, a relative who would otherwise be authorized to make these decisions. The plan 
110.17 	must provide the child with the option to execute a health care directive as provided 
110.18 	under chapter 145C. The county shall also provide the individual with appropriate contact 
110.19 	information if the individual needs more information or needs help dealing with a crisis 
110.20 	situation through age 21.

110.21 	Sec. 20. Minnesota Statutes 2010, section 260C.215, subdivision 4, is amended to read:
110.22 		Subd. 4.Consultation with representatives Duties of commissioner.
 110.23 	The commissioner of human services, after seeking and considering advice from 
110.24 	representatives reflecting diverse populations from the councils established under sections 
110.25 	3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and community organizations
110.26 	shall: 
110.27 	(1) review and, where necessary, revise the Department of Human Services Social 
110.28 	Service Manual and Practice Guide provide practice guidance to responsible social 
110.29 	services agencies and child-placing agencies that reflect federal and state laws and policy 
110.30 	direction on placement of children;
110.31 	(2) develop criteria for determining whether a prospective adoptive or foster family 
110.32 	has the ability to understand and validate the child's cultural background;
110.33 	(3) develop provide a standardized training curriculum for adoption and foster care 
110.34 	workers, family-based providers, and administrators who work with children. Training 
110.35 	must address the following objectives:
111.1 	(a) (i) developing and maintaining sensitivity to all cultures;
111.2 	(b) (ii) assessing values and their cultural implications; and
111.3 	(c) (iii) making individualized placement decisions that advance the best interests of 
111.4 	a particular child under section 260C.212, subdivision 2; and
111.5 	(iv) issues related to cross-cultural placement;
111.6 	(4) develop provide a training curriculum for family and extended family members
111.7 	all prospective adoptive and foster families that prepares them to care for the needs of 
111.8 	adoptive and foster children. The curriculum must address issues relating to cross-cultural 
111.9 	placements as well as issues that arise after a foster or adoptive placement is madetaking 
111.10 	into consideration the needs of children outlined in section 260C.212, subdivision 2, 
111.11 	paragraph (b); and
111.12 	(5) develop and provide to agencies an assessment tool to be used in combination 
111.13 	with group interviews and other preplacement activities a home study format to evaluate
111.14 	assess the capacities and needs of prospective adoptive and foster families. The tool
111.15 	format must assess address problem-solving skills; identify parenting skills; and evaluate 
111.16 	the degree to which the prospective family has the ability to understand and validate the 
111.17 	child's cultural background, and other issues needed to provide sufficient information for 
111.18 	agencies to make an individualized placement decision consistent with section 260C.212, 
111.19 	subdivision 2. If a prospective adoptive parent has also been a foster parent, any update 
111.20 	necessary to a home study for the purpose of adoption may be completed by the licensing 
111.21 	authority responsible for the foster parent's license. If a prospective adoptive parent with an 
111.22 	approved adoptive home study also applies for a foster care license, the license application 
111.23 	may be made with the same agency which provided the adoptive home study; and
111.24 	(6) shall consult with representatives reflecting diverse populations from the councils 
111.25 	established under sections 3.922, 3.9223, 3.9225, and 3.9226, and other state, local, and 
111.26 	community organizations.

111.27 	Sec. 21. Minnesota Statutes 2010, section 260C.215, subdivision 6, is amended to read:
111.28 		Subd. 6.Duties of child-placing agencies. (a) Each authorized child-placing 
111.29 	agency must:
111.30 	(1) develop and follow procedures for implementing the requirements of section 
111.31 	260C.193, subdivision 3 260C.212, subdivision 2, and the Indian Child Welfare Act, 
111.32 	United States Code, title 25, sections 1901 to 1923; 
111.33 	(2) have a written plan for recruiting adoptive and foster families that reflect the 
111.34 	ethnic and racial diversity of children who are in need of foster and adoptive homes. 
111.35 	The plan must include:
112.1 	(i) strategies for using existing resources in diverse communities,;
112.2 	(ii) use of diverse outreach staff wherever possible,;
112.3 	(iii) use of diverse foster homes for placements after birth and before adoption,; and
112.4 	(iv) other techniques as appropriate;
112.5 	(3) have a written plan for training adoptive and foster families;
112.6 	(4) have a written plan for employing staff in adoption and foster care who have 
112.7 	the capacity to assess the foster and adoptive parents' ability to understand and validate a 
112.8 	child's cultural and meet the child's individual needs, and to advance the best interests of 
112.9 	the child, as required in section 260C.212, subdivision 2. The plan must include staffing 
112.10 	goals and objectives;
112.11 	(5) ensure that adoption and foster care workers attend training offered or approved 
112.12 	by the Department of Human Services regarding cultural diversity and the needs of special 
112.13 	needs children; and
112.14 	(6) develop and implement procedures for implementing the requirements of the 
112.15 	Indian Child Welfare Act and the Minnesota Indian Family Preservation Act.
112.16 	(b) In determining the suitability of a proposed placement of an Indian child, the 
112.17 	standards to be applied must be the prevailing social and cultural standards of the Indian 
112.18 	child's community, and the agency shall defer to tribal judgment as to suitability of a 
112.19 	particular home when the tribe has intervened pursuant to the Indian Child Welfare Act.

112.20 	Sec. 22. [260C.229] VOLUNTARY FOSTER CARE FOR CHILDREN OVER 
112.21 	AGE 18; REQUIRED COURT REVIEW.
112.22 	(a) When a child asks to continue or to reenter foster care after age 18 under section 
112.23 	260C.451, the child and the responsible social services agency may enter into a voluntary 
112.24 	agreement for the child to be in foster care under the terms of section 260C.451. The 
112.25 	voluntary agreement must be in writing and on a form prescribed by the commissioner.
112.26 	(b) When the child is in foster care pursuant to a voluntary foster care agreement 
112.27 	between the agency and child and the child is not already under court jurisdiction pursuant 
112.28 	to section 260C.193, subdivision 6, the agency responsible for the child's placement 
112.29 	in foster care shall:
112.30 	(1) file a motion to reopen the juvenile protection matter where the court previously 
112.31 	had jurisdiction over the child within 30 days of the child and the agency executing the 
112.32 	voluntary placement agreement under paragraph (a) and ask the court to review the child's 
112.33 	placement in foster care and find that the placement is in the best interests of the child; and
112.34 	(2) file the out-of-home placement plan required under subdivision 1 with the 
112.35 	motion to reopen jurisdiction.
113.1 	(c) The court shall conduct a hearing on the matter within 30 days of the agency's 
113.2 	motion to reopen the matter and, if the court finds that placement is in the best interest of 
113.3 	the child, shall conduct the review for the purpose and with the content required under 
113.4 	section 260C.203, at least every 12 months as long as the child continues in foster care.

113.5 	Sec. 23. Minnesota Statutes 2010, section 260C.301, subdivision 8, is amended to read:
113.6 		Subd. 8.Findings regarding reasonable efforts. In any proceeding under this 
113.7 	section, the court shall make specific findings:
113.8 	(1) that reasonable efforts to prevent the placement and finalize the permanency 
113.9 	plan to reunify the child and the parent were made including individualized and explicit 
113.10 	findings regarding the nature and extent of efforts made by the social services agency to 
113.11 	rehabilitate the parent and reunite the family; or
113.12 	(2) that reasonable efforts at for reunification are not required as provided under 
113.13 	section 260.012. 

113.14 	Sec. 24. Minnesota Statutes 2010, section 260C.328, is amended to read:
113.15 	260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.
113.16 	(a) Upon its own motion or upon petition of an interested party, the juvenile court 
113.17 	having jurisdiction of the child may, after notice to the parties and a hearing, remove 
113.18 	the guardian appointed by the juvenile court and appoint a new guardian in accordance 
113.19 	with the provisions of section 260C.325, subdivision 1, clause (a), (b), or (c). Upon a 
113.20 	showing that the child is emancipated, the court may discharge the guardianship. Any 
113.21 	child 14 years of age or older who is not adopted but who is placed in a satisfactory foster 
113.22 	home, may, with the consent of the foster parents, join with the guardian appointed by the 
113.23 	juvenile court in a petition to the court having jurisdiction of the child to discharge the 
113.24 	existing guardian and appoint the foster parents as guardians of the child. 
113.25 	(b) The authority of a guardian appointed by the juvenile court terminates when the 
113.26 	individual under guardianship is no longer a minor or when guardianship is otherwise 
113.27 	discharged becomes age 18. However, an individual who has been under the guardianship 
113.28 	of the commissioner and who has not been adopted may continue in foster care or reenter 
113.29 	foster care pursuant to section 260C.451 and the responsible social services agency has 
113.30 	continuing legal responsibility for the placement of the individual. 

113.31 	Sec. 25. Minnesota Statutes 2010, section 260C.451, is amended to read:
113.32 	260C.451 FOSTER CARE BENEFITS TO AGE 21 PAST AGE 18.
114.1 		Subdivision 1.Notification of benefits. Within the Six months prior to the child's 
114.2 	18th birthday, the local responsible social services agency shall advise provide written 
114.3 	notice on a form prescribed by the commissioner of human services to any child in foster 
114.4 	care under this chapter who cannot reasonably be expected to return home or have another 
114.5 	legally permanent family by the age of 18, the child's parents or legal guardian, if any, and
114.6 	the child's guardian ad litem, and the child's foster parents of the availability of benefits of 
114.7 	the foster care program up to age 21, when the child is eligible under subdivisions 3 and 3a.
114.8 		Subd. 2.Independent living plan. Upon the request of any child receiving in foster 
114.9 	care benefits immediately prior to the child's 18th birthday and who is in foster care at 
114.10 	the time of the request, the local responsible social services agency shall, in conjunction 
114.11 	with the child and other appropriate parties, update the independent living plan required 
114.12 	under section 260C.212, subdivision 1, paragraph (c), clause (11), related to the child's 
114.13 	employment, vocational, educational, social, or maturational needs. The agency shall 
114.14 	provide continued services and foster care for the child including those services that are 
114.15 	necessary to implement the independent living plan.
114.16 		Subd. 3.Eligibility to continue in foster care. A child already in foster care
114.17 	immediately prior to the child's 18th birthday may continue in foster care past age 18
114.18 	unless:
114.19 	(1) the child can safely return home;
114.20 	(2) the child is in placement pursuant to the agency's duties under section 256B.092 
114.21 	and Minnesota Rules, parts 9525.0004 to 9525.0016, to meet the child's needs due to 
114.22 	developmental disability or related condition, and the child will be served as an adult 
114.23 	under section 256B.092 and Minnesota Rules, parts 9525.0004 to 9525.0016; or
114.24 	(3) the child can be adopted or have permanent legal and physical custody 
114.25 	transferred to a relative prior to the child's 18th birthday. 
114.26 		Subd. 3a.Eligibility criteria. The child must meet at least one of the following 
114.27 	conditions to be considered eligible to continue in or return to foster care and remain there
114.28 	to age 21. The child must be:
114.29 	(1) completing secondary education or a program leading to an equivalent credential;
114.30 	(2) enrolled in an institution which that provides postsecondary or vocational 
114.31 	education;
114.32 	(3) participating in a program or activity designed to promote or remove barriers to 
114.33 	employment;
114.34 	(4) employed for at least 80 hours per month; or
114.35 	(5) incapable of doing any of the activities described in clauses (1) to (4) due to a 
114.36 	medical condition.
115.1 		Subd. 4.Foster care benefits. For children between the ages of 18 and 21, "foster 
115.2 	care benefits" means payment for those foster care settings defined in section 260C.007, 
115.3 	subdivision 18. Additionally, foster care benefits means payment for a supervised 
115.4 	setting, approved by the responsible social services agency, in which a child may live 
115.5 	independently.
115.6 		Subd. 5.Permanent decision Foster care setting. The particular foster care 
115.7 	setting, including supervised settings, shall be selected by the agency and the child
115.8 	based on the best interest of the child consistent with section 260C.212, subdivision 2. 
115.9 	Supervision in approved settings must be determined by an individual determination of 
115.10 	the child's needs by the responsible social services agency and consistent with section 
115.11 	260C.212, subdivision 4a.
115.12 		Subd. 6.Individual plan to age 21 Reentering foster care and accessing services 
115.13 	after age 18. (a) Upon request of an individual between the ages of 18 and 21 who, 
115.14 	within six months of the individual's 18th birthday, had been under the guardianship of the 
115.15 	commissioner and who has left foster care without being adopted, the responsible social 
115.16 	services agency which had been the commissioner's agent for purposes of the guardianship 
115.17 	shall develop with the individual a plan related to the individual's vocational, educational, 
115.18 	social, or maturational needs to increase the individual's ability to live safely and 
115.19 	independently using the plan requirements of section 260C.212, subdivision 1, paragraph 
115.20 	(b), clause (11), and to assist the individual to meet one or more of the eligibility criteria in 
115.21 	subdivision 4 if the individual wants to reenter foster care. The agency shall provide foster 
115.22 	care with maintenance and counseling benefits as required to implement the plan. The 
115.23 	agency shall enter into a voluntary placement agreement under section 260C.229 with the 
115.24 	individual if the plan includes foster care.
115.25 	(b) Individuals who had not been under the guardianship of the commissioner of 
115.26 	human services prior to age 18 and are between the ages of 18 and 21 may ask to reenter 
115.27 	foster care after age 18 and, to the extent funds are available, the responsible social 
115.28 	services agency that had responsibility for planning for the individual before discharge 
115.29 	from foster care may provide foster care or other services to the individual for the purpose 
115.30 	of increasing the individual's ability to live safely and independently and to meet the 
115.31 	eligibility criteria in subdivision 3a, if the individual:
115.32 	(1) was in foster care for the six consecutive months prior to the person's 18th 
115.33 	birthday and was not discharged home, adopted, or received into a relative's home under a 
115.34 	transfer of permanent legal and physical custody under section 260C.515, subdivision 4; or
115.35 	(2) was discharged from foster care while on runaway status after age 15.
116.1 	(c) In conjunction with a qualifying and eligible individual under paragraph (b) and 
116.2 	other appropriate persons, the responsible social services agency shall develop a specific 
116.3 	plan related to that individual's vocational, educational, social, or maturational needs 
116.4 	and, to the extent funds are available, provide foster care as required to implement the 
116.5 	plan. The agency shall enter into a voluntary placement agreement with the individual 
116.6 	if the plan includes foster care.
116.7 	(d) Youth who left foster care while under guardianship of the commissioner of 
116.8 	human services retain eligibility for foster care for placement at any time between the 
116.9 	ages of 18 and 21.
116.10 		Subd. 7.Jurisdiction. Notwithstanding that the court retains jurisdiction pursuant 
116.11 	to this section, Individuals in foster care pursuant to this section are adults for all purposes 
116.12 	except the continued provision of foster care. Any order establishing guardianship under 
116.13 	section 260C.325, any legal custody order under section 260C.201, subdivision 1, and 
116.14 	any order for legal custody associated with an order for long-term foster care permanent 
116.15 	custody under section 260C.201, subdivision 11 260C.515, subdivision 5, terminates on 
116.16 	the child's 18th birthday. The responsible social services agency has legal responsibility 
116.17 	for the individual's placement and care when the matter continues under court jurisdiction 
116.18 	pursuant to section 260C.193 or when the individual and the responsible agency execute a 
116.19 	voluntary placement agreement pursuant to section 260C.229.
116.20 		Subd. 8.Notice of termination of foster care. When a child in foster care between 
116.21 	the ages of 18 and 21 ceases to meet one of the eligibility criteria of subdivision 3a, the 
116.22 	responsible social services agency shall give the child written notice that foster care will 
116.23 	terminate 30 days from the date the notice is sent. The child or the child's guardian ad 
116.24 	litem may file a motion asking the court to review the agency's determination within 15 
116.25 	days of receiving the notice. The child shall not be discharged from foster care until the 
116.26 	motion is heard. The agency shall work with the child to transition out of foster care as 
116.27 	required under section 260C.203, paragraph (e). The written notice of termination of 
116.28 	benefits shall be on a form prescribed by the commissioner and shall also give notice of 
116.29 	the right to have the agency's determination reviewed by the court in the proceeding where 
116.30 	the court conducts the reviews required under section 260C.203, 260C.317, or 260C.515, 
116.31 	subdivision 5 or 6. A copy of the termination notice shall be sent to the child and the 
116.32 	child's attorney, if any, the foster care provider, the child's guardian ad litem, and the 
116.33 	court. The agency is not responsible for paying foster care benefits for any period of time 
116.34 	after the child actually leaves foster care.

116.35 	Sec. 26. [260C.503] PERMANENCY PROCEEDINGS.
117.1 		Subdivision 1.Required permanency proceedings.  Except for children in foster 
117.2 	care pursuant to chapter 260D, where the child is in foster care or in the care of a 
117.3 	noncustodial or nonresident parent, the court shall commence proceedings to determine 
117.4 	the permanent status of a child by holding the admit-deny hearing required under section 
117.5 	260C.507 not later than 12 months after the child is placed in foster care or in the care of a 
117.6 	noncustodial or nonresident parent. Permanency proceedings for children in foster care 
117.7 	pursuant to chapter 260D shall be according to section 260D.07.
117.8 		Subd. 2.Termination of parental rights. (a) The responsible social services 
117.9 	agency must ask the county attorney to immediately file a termination of parental rights 
117.10 	petition when:
117.11 	(1) the child has been subjected to egregious harm as defined in section 260C.007, 
117.12 	subdivision 14;
117.13 	(2) the child is determined to be the sibling of a child who was subjected to 
117.14 	egregious harm;
117.15 	(3) the child is an abandoned infant as defined in section 260C.301, subdivision 3, 
117.16 	paragraph (b), clause (2);
117.17 	(4) the child's parent has lost parental rights to another child through an order 
117.18 	involuntarily terminating the parent's rights;
117.19 	(5) the parent has committed sexual abuse as defined in section 626.556, subdivision 
117.20 	2, against the child or another child of the parent;
117.21 	(6) the parent has committed an offense that requires registration as a predatory 
117.22 	offender under section 243.166, subdivision 1b, paragraph (a) or (b); or
117.23 	(7) another child of the parent is the subject of an order involuntarily transferring 
117.24 	permanent legal and physical custody of the child to a relative under this chapter or a 
117.25 	similar law of another jurisdiction; 
117.26 	The county attorney shall file a termination of parental rights petition unless the conditions 
117.27 	of paragraph (d) are met.
117.28 	(b) When the termination of parental rights petition is filed under this subdivision, 
117.29 	the responsible social services agency shall identify, recruit, and approve an adoptive 
117.30 	family for the child. If a termination of parental rights petition has been filed by another 
117.31 	party, the responsible social services agency shall be joined as a party to the petition.
117.32 	(c) If criminal charges have been filed against a parent arising out of the conduct 
117.33 	alleged to constitute egregious harm, the county attorney shall determine which matter 
117.34 	should proceed to trial first, consistent with the best interests of the child and subject 
117.35 	to the defendant's right to a speedy trial.
118.1 	(d) The requirement of paragraph (a) does not apply if the responsible social services 
118.2 	agency and the county attorney determine and file with the court:
118.3 	(1) a petition for transfer of permanent legal and physical custody to a relative under 
118.4 	sections 260C.505 and 260C.515, subdivision 3, including a determination that adoption 
118.5 	is not in the child's best interests and that transfer of permanent legal and physical custody 
118.6 	is in the child's best interests; or
118.7 	(2) a petition under section 260C.141 alleging the child, and where appropriate, 
118.8 	the child's siblings, to be in need of protection or services accompanied by a case plan 
118.9 	prepared by the responsible social services agency documenting a compelling reason why 
118.10 	filing a termination of parental rights petition would not be in the best interests of the child.
118.11 		Subd. 3.Calculating time to required permanency proceedings. (a) For 
118.12 	purposes of this section, the date of the child's placement in foster care is the earlier of 
118.13 	the first court-ordered placement or 60 days after the date on which the child has been 
118.14 	voluntarily placed in foster care by the child's parent or guardian. For purposes of this 
118.15 	section, time spent by a child in the home of the noncustodial parent pursuant to court 
118.16 	order under section 260C.178 or under the protective supervision of the responsible 
118.17 	social services agency in the home of the noncustodial parent pursuant to an order under 
118.18 	section 260C.201, subdivision 1, counts towards the requirement of a permanency hearing 
118.19 	under this section. Time spent on a trial home visit counts towards the requirement of a 
118.20 	permanency hearing under this section and the permanency progress review required 
118.21 	under section 260C.204.
118.22 	(b) For the purposes of this section, 12 months is calculated as follows:
118.23 	(1) during the pendency of a petition alleging that a child is in need of protection 
118.24 	or services, all time periods when a child is placed in foster care or in the home of a 
118.25 	noncustodial parent are cumulated;
118.26 	(2) if a child has been placed in foster care within the previous five years under one 
118.27 	or more previous petitions, the lengths of all prior time periods when the child was placed 
118.28 	in foster care within the previous five years are cumulated. If a child under this clause 
118.29 	has been in foster care for 12 months or more, the court, if it is in the best interests of the 
118.30 	child and for compelling reasons, may extend the total time the child may continue out 
118.31 	of the home under the current petition up to an additional six months before making a 
118.32 	permanency determination.
118.33 	(c) If the child is on a trial home visit 12 months after the child was placed in foster 
118.34 	care or in the care of a noncustodial parent, the responsible social services agency may file 
118.35 	a report with the court regarding the child's and parent's progress on the trial home visit and 
118.36 	the agency's reasonable efforts to finalize the child's safe and permanent return to the care 
119.1 	of the parent in lieu of filing the petition required under section 260C.505. The court shall 
119.2 	make findings regarding the reasonable efforts of the agency to finalize the child's return 
119.3 	home as the permanency disposition order in the best interests of the child. The court may 
119.4 	continue the trial home visit to a total time not to exceed six months as provided in section 
119.5 	260C.201, subdivision 1, paragraph (a), clause (3). If the court finds the agency has not 
119.6 	made reasonable efforts to finalize the child's return home as the permanency disposition 
119.7 	order in the child's best interests, the court may order other or additional efforts to support 
119.8 	the child remaining in the care of the parent. If a trial home visit ordered or continued at 
119.9 	permanency proceedings under sections 260C.503 to 260C.521 terminates, the court shall 
119.10 	commence or recommence permanency proceedings under this chapter no later than 30 
119.11 	days after the child is returned to foster care or to the care of a noncustodial parent.

119.12 	Sec. 27. [260C.505] PETITION.
119.13 	(a) A permanency or termination of parental rights petition must be filed at or 
119.14 	prior to the time the child has been in foster care or in the care of a noncustodial or 
119.15 	nonresident parent for 11 months or in the expedited manner required in section 260C.503, 
119.16 	subdivision 2, paragraph (a). The court administrator shall serve the petition as required 
119.17 	in the Minnesota Rules of Juvenile Protection Procedure and section 260C.152 for the 
119.18 	admit-deny hearing on the petition required in section 260C.507.
119.19 	(b) A petition under this section is not required if the responsible social services 
119.20 	agency intends to recommend that the child return to the care of the parent from whom 
119.21 	the child was removed at or prior to the time the court is required to hold the admit-deny 
119.22 	hearing required under section 260C.507.

119.23 	Sec. 28. [260C.507] ADMIT-DENY HEARING.
119.24 	(a) An admit-deny hearing on the permanency or termination of parental rights 
119.25 	petition shall be held not later than 12 months from the child's placement in foster care or 
119.26 	an order for the child to be in the care of a noncustodial or nonresident parent.
119.27 	(b) An admit-deny hearing on the termination of parental rights or transfer of 
119.28 	permanent legal and physical custody petition required to be immediately filed under 
119.29 	section 260C.503, subdivision 2, paragraph (a), shall be within ten days of the filing 
119.30 	of the petition.
119.31 	(c) At the admit-deny hearing, the court shall determine whether there is a prima 
119.32 	facie basis for finding that the agency made reasonable efforts, or in the case of an Indian 
119.33 	child active efforts, for reunification as required or that reasonable efforts for reunification 
120.1 	are not required under section 260.012 and proceed according to the Minnesota Rules of 
120.2 	Juvenile Protection Procedure.

120.3 	Sec. 29. [260C.509] TRIAL.
120.4 	The permanency proceedings shall be conducted in a timely fashion including 
120.5 	that any trial required under section 260C.163 shall be commenced within 60 days of 
120.6 	the admit-deny hearing required under section 260C.507. At the conclusion of the 
120.7 	permanency proceedings, the court shall:
120.8 	(1) order the child returned to the care of the parent or guardian from whom the 
120.9 	child was removed; or
120.10 	(2) order a permanency disposition under section 260C.515 or termination of 
120.11 	parental rights under sections 260C.301 to 260C.328 if a permanency disposition order or 
120.12 	termination of parental rights is in the child's best interests.

120.13 	Sec. 30. [260C.511] BEST INTERESTS OF THE CHILD.
120.14 	(a) The "best interests of the child" means all relevant factors to be considered 
120.15 	and evaluated.
120.16 	(b) In making a permanency disposition order or termination of parental rights, 
120.17 	the court must be governed by the best interests of the child, including a review of the 
120.18 	relationship between the child and relatives and the child and other important persons with 
120.19 	whom the child has resided or had significant contact.

120.20 	Sec. 31. [260C.513] PERMANENCY DISPOSITIONS WHEN CHILD CANNOT 
120.21 	RETURN HOME.
120.22 	(a) Termination of parental rights and adoption, or guardianship to the commissioner 
120.23 	of human services through a consent to adopt are preferred permanency options for a 
120.24 	child who cannot return home. If the court finds that termination of parental rights and 
120.25 	guardianship to the commissioner is not in the child's best interests, the court may transfer 
120.26 	permanent legal and physical custody of the child to a relative when that order is in the 
120.27 	child's best interests.
120.28 	(b) When the court has determined that permanent placement of the child away from 
120.29 	the parent is necessary, the court shall consider permanent alternative homes that are 
120.30 	available both inside and outside the state.

120.31 	Sec. 32. [260C.515] PERMANENCY DISPOSITION ORDERS.
121.1 		Subdivision 1.Court order required. If the child is not returned to the home at or 
121.2 	before the conclusion of permanency proceedings under sections 260C.503 to 260C.521, 
121.3 	the court must order one of the permanency dispositions in this section.
121.4 		Subd. 2.Termination of parental rights. The court may order:
121.5 	(1) termination of parental rights when the requirements of sections 260C.301 to 
121.6 	260C.328 are met; or
121.7 	(2) the responsible social services agency to file a petition for termination of 
121.8 	parental rights in which case all the requirements of sections 260C.301 to 260C.328 
121.9 	remain applicable.
121.10 		Subd. 3.Guardianship; commissioner. The court may order guardianship to the 
121.11 	commissioner of human services under the following procedures and conditions:
121.12 	(1) there is an identified prospective adoptive parent agreed to by the responsible 
121.13 	social services agency having legal custody of the child pursuant to court order under this 
121.14 	chapter and that prospective adoptive parent has agreed to adopt the child;
121.15 	(2) the court accepts the parent's voluntary consent to adopt in writing on a form 
121.16 	prescribed by the commissioner, executed before two competent witnesses and confirmed 
121.17 	by the consenting parent before the court or executed before court. The consent shall 
121.18 	contain notice that consent given under this chapter:
121.19 	(i) is irrevocable upon acceptance by the court unless fraud is established and an 
121.20 	order issues permitting revocation as stated in clause (9) unless the matter is governed by 
121.21 	the Indian Child Welfare Act, United States Code, title 25, section 1913(c); and
121.22 	(ii) will result in an order that the child is under the guardianship of the commissioner 
121.23 	of human services;
121.24 	(3) a consent executed and acknowledged outside of this state, either in accordance 
121.25 	with the law of this state or in accordance with the law of the place where executed, is 
121.26 	valid;
121.27 	(4) the court must review the matter at least every 90 days under section 260C.317;
121.28 	(5) a consent to adopt under this subdivision vests guardianship of the child with 
121.29 	the commissioner of human services and makes the child a ward of the commissioner of 
121.30 	human services under section 260C.325;
121.31 	(6) the court must forward to the commissioner a copy of the consent to adopt, 
121.32 	together with a certified copy of the order transferring guardianship to the commissioner;
121.33 	(7) if an adoption is not finalized by the identified prospective adoptive parent within 
121.34 	six months of the execution of the consent to adopt under this clause, the responsible 
121.35 	social services agency shall pursue adoptive placement in another home unless the court 
122.1 	finds in a hearing under section 260C.317 that the failure to finalize is not due to either an 
122.2 	action or a failure to act by the prospective adoptive parent;
122.3 	(8) notwithstanding clause (7), the responsible social services agency must pursue 
122.4 	adoptive placement in another home as soon as the agency determines that finalization 
122.5 	of the adoption with the identified prospective adoptive parent is not possible, that the 
122.6 	identified prospective adoptive parent is not willing to adopt the child, or that the identified 
122.7 	prospective adoptive parent is not cooperative in completing the steps necessary to finalize 
122.8 	the adoption;
122.9 	(9) unless otherwise required by the Indian Child Welfare Act, United States Code, 
122.10 	title 25, section 1913(c), a consent to adopt executed under this section shall be irrevocable 
122.11 	upon acceptance by the court except upon order permitting revocation issued by the same 
122.12 	court after written findings that consent was obtained by fraud.
122.13 		Subd. 4.Custody to relative. The court may order permanent legal and physical 
122.14 	custody to a relative in the best interests of the child according to the following conditions:
122.15 	(1) an order for transfer of permanent legal and physical custody to a relative shall 
122.16 	only be made after the court has reviewed the suitability of the prospective legal and 
122.17 	physical custodian;
122.18 	(2) in transferring permanent legal and physical custody to a relative, the juvenile 
122.19 	court shall follow the standards applicable under this chapter and chapter 260, and the 
122.20 	procedures in the Minnesota Rules of Juvenile Protection Procedure;
122.21 	(3) a transfer of legal and physical custody includes responsibility for the protection, 
122.22 	education, care, and control of the child and decision making on behalf of the child;
122.23 	(4) a permanent legal and physical custodian may not return a child to the permanent 
122.24 	care of a parent from whom the court removed custody without the court's approval and 
122.25 	without notice to the responsible social services agency;
122.26 	(5) the social services agency may file a petition naming a fit and willing relative as 
122.27 	a proposed permanent legal and physical custodian;
122.28 	(6) another party to the permanency proceeding regarding the child may file a 
122.29 	petition to transfer permanent legal and physical custody to a relative, but the petition must 
122.30 	be filed not later than the date for the required admit/deny hearing under section 260C.507; 
122.31 	or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must 
122.32 	be filed not later than 30 days prior to the trial required under section 260C.509; and 
122.33 	(7) the juvenile court may maintain jurisdiction over the responsible social services 
122.34 	agency, the parents or guardian of the child, the child, and the permanent legal and 
122.35 	physical custodian for purposes of ensuring appropriate services are delivered to the child 
123.1 	and permanent legal custodian for the purpose of ensuring conditions ordered by the court 
123.2 	related to the care and custody of the child are met.
123.3 		Subd. 5.Permanent custody to agency. The court may order permanent custody to 
123.4 	the responsible social services agency for continued placement of the child in foster care 
123.5 	but only if it approves the responsible social services agency's compelling reasons that no 
123.6 	other permanency disposition order is in the child's best interests, and:
123.7 	(1) the child has reached age 12;
123.8 	(2) the child is a sibling of a child described in clause (1) and the siblings have a 
123.9 	significant positive relationship and are ordered into the same foster home;
123.10 	(3) the responsible social services agency has made reasonable efforts to locate and 
123.11 	place the child with an adoptive family or a fit and willing relative who would either agree 
123.12 	to adopt the child or to a transfer of permanent legal and physical custody of the child, but 
123.13 	these efforts have not proven successful; and
123.14 	(4) the parent will continue to have visitation or contact with the child and will 
123.15 	remain involved in planning for the child.
123.16 		Subd. 6.Temporary legal custody to agency. The court may order temporary legal 
123.17 	custody to the responsible social services agency for continued placement of the child in 
123.18 	foster care for a specified period of time according to the following conditions:
123.19 	(1) the sole basis for an adjudication that the child is in need of protection or services 
123.20 	is the child's behavior;
123.21 	(2) the court finds that foster care for a specified period of time is in the best interests 
123.22 	of the child;
123.23 	(3) the court approves the responsible social services agency's compelling reasons 
123.24 	that neither an award of permanent legal and physical custody to a relative, nor termination 
123.25 	of parental rights is in the child's best interests; and
123.26 	(4) the order specifies that the child continue in foster care no longer than one year.

123.27 	Sec. 33. [260C.517] FINDINGS AND CONTENT OF ORDER FOR 
123.28 	PERMANENCY DISPOSITION.
123.29 	(a) Except for an order terminating parental rights, an order permanently placing 
123.30 	a child out of the home of the parent or guardian must include the following detailed 
123.31 	findings:
123.32 	(1) how the child's best interests are served by the order;
123.33 	(2) the nature and extent of the responsible social services agency's reasonable 
123.34 	efforts, or, in the case of an Indian child, active efforts to reunify the child with the parent 
123.35 	or guardian where reasonable efforts are required;
124.1 	(3) the parent's or parents' efforts and ability to use services to correct the conditions 
124.2 	which led to the out-of-home placement; and
124.3 	(4) that the conditions which led to the out-of-home placement have not been 
124.4 	corrected so that the child can safely return home.
124.5 	(b) The court shall issue an order required under section 260C.515 and this section 
124.6 	within 15 days of the close of the proceedings. The court may extend issuing the order 
124.7 	an additional 15 days when necessary in the interests of justice and the best interests of 
124.8 	the child.

124.9 	Sec. 34. [260C.519] FURTHER COURT HEARINGS.
124.10 	Once a permanency disposition order has been made, further court hearings are 
124.11 	necessary if:
124.12 	(1) the child is ordered on a trial home visit or under the protective supervision 
124.13 	of the responsible social services agency;
124.14 	(2) the child continues in foster care;
124.15 	(3) the court orders further hearings in a transfer of permanent legal and physical 
124.16 	custody matter including if a party seeks to modify an order under section 260C.521, 
124.17 	subdivision 2;
124.18 	(4) an adoption has not yet been finalized; or
124.19 	(5) the child returns to foster care after the court has entered an order for a 
124.20 	permanency disposition under this section.

124.21 	Sec. 35. [260C.521] COURT REVIEWS AFTER PERMANENCY DISPOSITION 
124.22 	ORDER.
124.23 		Subdivision 1.Child in permanent custody of responsible social services agency.
 124.24 	(a) Court reviews of an order for permanent custody to the responsible social services 
124.25 	agency for placement of the child in foster care must be conducted at least yearly at an 
124.26 	in-court appearance hearing.
124.27 	(b) The purpose of the review hearing is to ensure:
124.28 	(1) the order for permanent custody to the responsible social services agency for 
124.29 	placement of the child in foster care continues to be in the best interests of the child and 
124.30 	that no other permanency disposition order is in the best interests of the child;
124.31 	(2) that the agency is assisting the child to build connections to the child's family 
124.32 	and community; and
124.33 	(3) that the agency is appropriately planning with the child for development of 
124.34 	independent living skills for the child, and as appropriate, for the orderly and successful 
125.1 	transition to independent living that may occur if the child continues in foster care without 
125.2 	another permanency disposition order.
125.3 	(c) The court must review the child's out-of-home placement plan and the reasonable 
125.4 	efforts of the agency to finalize an alternative permanent plan for the child including the 
125.5 	agency's efforts to:
125.6 	(1) ensure that permanent custody to the agency with placement of the child in 
125.7 	foster care continues to be the most appropriate legal arrangement for meeting the child's 
125.8 	need for permanency and stability or, if not, to identify and attempt to finalize another 
125.9 	permanency disposition order under this chapter that would better serve the child's needs 
125.10 	and best interests;
125.11 	(2) identify a specific foster home for the child, if one has not already been identified;
125.12 	(3) support continued placement of the child in the identified home, if one has been 
125.13 	identified;
125.14 	(4) ensure appropriate services are provided to address the physical health, mental 
125.15 	health, and educational needs of the child during the period of foster care and also ensure 
125.16 	appropriate services or assistance to maintain relationships with appropriate family 
125.17 	members and the child's community; and
125.18 	(5) plan for the child's independence upon the child's leaving foster care living as 
125.19 	required under section 260C.212, subdivision 1.
125.20 	(d) The court may find that the agency has made reasonable efforts to finalize the 
125.21 	permanent plan for the child when:
125.22 	(1) the agency has made reasonable efforts to identify a more legally permanent 
125.23 	home for the child than is provided by an order for permanent custody to the agency 
125.24 	for placement in foster care; and
125.25 	(2) the agency's engagement of the child in planning for independent living is 
125.26 	reasonable and appropriate.
125.27 		Subd. 2.Modifying an order for permanent legal and physical custody to a 
125.28 	relative. An order for a relative to have permanent legal and physical custody of a child 
125.29 	may be modified using standards under sections 518.18 and 518.185. The social services 
125.30 	agency is a party to the proceeding and must receive notice.
125.31 		Subd. 3.Modifying order for permanent custody to agency for placement in 
125.32 	foster care. (a) A parent may seek modification of an order for permanent custody of the 
125.33 	child to the responsible social services agency for placement in foster care upon motion 
125.34 	and a showing by the parent of a substantial change in the parent's circumstances such 
125.35 	that the parent could provide appropriate care for the child and that removal of the child 
126.1 	from the permanent custody of the agency and the return to the parent's care would be 
126.2 	in the best interests of the child.
126.3 	(b) The responsible social services agency may ask the court to vacate an order for 
126.4 	permanent custody to the agency upon a petition and hearing pursuant to section 260C.163 
126.5 	establishing the basis for the court to order another permanency disposition under this 
126.6 	chapter, including termination of parental rights based on abandonment if the parent 
126.7 	has not visited the child, maintained contact with the child, or participated in planning 
126.8 	for the child as required under section 260C.515, subdivision 5. The responsible social 
126.9 	services agency must establish that the proposed permanency disposition order is in the 
126.10 	child's best interests. Upon a hearing where the court determines the petition is proved, 
126.11 	the court may vacate the order for permanent custody and enter a different order for a 
126.12 	permanent disposition that is in the child's best interests. The court shall not require further 
126.13 	reasonable efforts to reunify the child with the parent or guardian as a basis for vacating 
126.14 	the order for permanent custody to the agency and ordering a different permanency 
126.15 	disposition in the child's best interests. The county attorney must file the petition and give 
126.16 	notice as required under the Minnesota Rules of Juvenile Protection Procedure in order to 
126.17 	modify an order for permanent custody under this subdivision.

126.18 	Sec. 36. EFFECTIVE DATE.
 126.19 	This article is effective August 1, 2012.

126.20 	ARTICLE 4
126.21 	CHILD SUPPORT

126.22 	Section 1. Minnesota Statutes 2011 Supplement, section 256.01, subdivision 14b, 
126.23 	is amended to read:
126.24 		Subd. 14b.American Indian child welfare projects. (a) The commissioner of 
126.25 	human services may authorize projects to test tribal delivery of child welfare services to 
126.26 	American Indian children and their parents and custodians living on the reservation. 
126.27 	The commissioner has authority to solicit and determine which tribes may participate 
126.28 	in a project. Grants may be issued to Minnesota Indian tribes to support the projects. 
126.29 	The commissioner may waive existing state rules as needed to accomplish the projects. 
126.30 	Notwithstanding section 626.556, the commissioner may authorize projects to use 
126.31 	alternative methods of investigating and assessing reports of child maltreatment, provided 
126.32 	that the projects comply with the provisions of section 626.556 dealing with the rights 
126.33 	of individuals who are subjects of reports or investigations, including notice and appeal 
126.34 	rights and data practices requirements. The commissioner may seek any federal approvals 
127.1 	necessary to carry out the projects as well as seek and use any funds available to the 
127.2 	commissioner, including use of federal funds, foundation funds, existing grant funds, 
127.3 	and other funds. The commissioner is authorized to advance state funds as necessary to 
127.4 	operate the projects. Federal reimbursement applicable to the projects is appropriated 
127.5 	to the commissioner for the purposes of the projects. The projects must be required to 
127.6 	address responsibility for safety, permanency, and well-being of children.
127.7 	(b) For the purposes of this section, "American Indian child" means a person under 
127.8 	18 years of age 21 years old and who is a tribal member or eligible for membership in 
127.9 	one of the tribes chosen for a project under this subdivision and who is residing on the 
127.10 	reservation of that tribe.
127.11 	(c) In order to qualify for an American Indian child welfare project, a tribe must:
127.12 	(1) be one of the existing tribes with reservation land in Minnesota;
127.13 	(2) have a tribal court with jurisdiction over child custody proceedings;
127.14 	(3) have a substantial number of children for whom determinations of maltreatment 
127.15 	have occurred;
127.16 	(4) have capacity to respond to reports of abuse and neglect under section 626.556;
127.17 	(5) provide a wide range of services to families in need of child welfare services; and
127.18 	(6) have a tribal-state title IV-E agreement in effect.
127.19 	(d) Grants awarded under this section may be used for the nonfederal costs of 
127.20 	providing child welfare services to American Indian children on the tribe's reservation, 
127.21 	including costs associated with:
127.22 	(1) assessment and prevention of child abuse and neglect;
127.23 	(2) family preservation;
127.24 	(3) facilitative, supportive, and reunification services;
127.25 	(4) out-of-home placement for children removed from the home for child protective 
127.26 	purposes; and
127.27 	(5) other activities and services approved by the commissioner that further the goals 
127.28 	of providing safety, permanency, and well-being of American Indian children.
127.29 	(e) When a tribe has initiated a project and has been approved by the commissioner 
127.30 	to assume child welfare responsibilities for American Indian children of that tribe under 
127.31 	this section, the affected county social service agency is relieved of responsibility for 
127.32 	responding to reports of abuse and neglect under section 626.556 for those children 
127.33 	during the time within which the tribal project is in effect and funded. The commissioner 
127.34 	shall work with tribes and affected counties to develop procedures for data collection, 
127.35 	evaluation, and clarification of ongoing role and financial responsibilities of the county 
127.36 	and tribe for child welfare services prior to initiation of the project. Children who have not 
128.1 	been identified by the tribe as participating in the project shall remain the responsibility 
128.2 	of the county. Nothing in this section shall alter responsibilities of the county for law 
128.3 	enforcement or court services.
128.4 	(f) Participating tribes may conduct children's mental health screenings under section 
128.5 	245.4874, subdivision 1, paragraph (a), clause (14), for children who are eligible for the 
128.6 	initiative and living on the reservation and who meet one of the following criteria:
128.7 	(1) the child must be receiving child protective services;
128.8 	(2) the child must be in foster care; or
128.9 	(3) the child's parents must have had parental rights suspended or terminated.
128.10 	Tribes may access reimbursement from available state funds for conducting the screenings. 
128.11 	Nothing in this section shall alter responsibilities of the county for providing services 
128.12 	under section 245.487.
128.13 	(g) Participating tribes may establish a local child mortality review panel. In 
128.14 	establishing a local child mortality review panel, the tribe agrees to conduct local child 
128.15 	mortality reviews for child deaths or near-fatalities occurring on the reservation under 
128.16 	subdivision 12. Tribes with established child mortality review panels shall have access 
128.17 	to nonpublic data and shall protect nonpublic data under subdivision 12, paragraphs (c) 
128.18 	to (e). The tribe shall provide written notice to the commissioner and affected counties 
128.19 	when a local child mortality review panel has been established and shall provide data upon 
128.20 	request of the commissioner for purposes of sharing nonpublic data with members of the 
128.21 	state child mortality review panel in connection to an individual case.
128.22 	(h) The commissioner shall collect information on outcomes relating to child safety, 
128.23 	permanency, and well-being of American Indian children who are served in the projects. 
128.24 	Participating tribes must provide information to the state in a format and completeness 
128.25 	deemed acceptable by the state to meet state and federal reporting requirements.
128.26 	(i) In consultation with the White Earth Band, the commissioner shall develop 
128.27 	and submit to the chairs and ranking minority members of the legislative committees 
128.28 	with jurisdiction over health and human services a plan to transfer legal responsibility 
128.29 	for providing child protective services to White Earth Band member children residing in 
128.30 	Hennepin County to the White Earth Band. The plan shall include a financing proposal, 
128.31 	definitions of key terms, statutory amendments required, and other provisions required to 
128.32 	implement the plan. The commissioner shall submit the plan by January 15, 2012.

128.33 	Sec. 2. Minnesota Statutes 2010, section 257.75, subdivision 7, is amended to read:
128.34 		Subd. 7.Hospital and Department of Health distribution of educational 
128.35 	materials; recognition form. Hospitals that provide obstetric services and the state 
129.1 	registrar of vital statistics shall distribute the educational materials and recognition 
129.2 	of parentage forms prepared by the commissioner of human services to new parents;
129.3 	and shall assist parents in understanding the recognition of parentage form, including 
129.4 	following the provisions for notice under subdivision 5; shall aid new parents in properly 
129.5 	completing the recognition of parentage form, including providing notary services; and 
129.6 	shall timely file the completed recognition of parentage form with the Office of the State 
129.7 	Registrar of Vital Statistics. On and after January 1, 1994, hospitals may not distribute the 
129.8 	declaration of parentage forms.

129.9 	Sec. 3. Minnesota Statutes 2010, section 518C.205, is amended to read:
129.10 	518C.205 CONTINUING, EXCLUSIVE JURISDICTION.
129.11 	(a) A tribunal of this state issuing a support order consistent with the law of this state 
129.12 	has continuing, exclusive jurisdiction over a child support order unless:
129.13 	(1) as long as this state remains is no longer  the residence of the obligor, the 
129.14 	individual obligee, or and the child for whose benefit the support order is issued; or
129.15 	(2) until all of the parties who are individuals have filed written consents with 
129.16 	the tribunal of this state for a tribunal of another state to modify the order and assume 
129.17 	continuing, exclusive jurisdiction.
129.18 	(b) A tribunal of this state issuing a child support order consistent with the law of 
129.19 	this state may not exercise its continuing jurisdiction to modify the order if the order has 
129.20 	been modified by a tribunal of another state pursuant to this chapter or a law substantially 
129.21 	similar to this chapter.
129.22 	(c) If a child support order of this state is modified by a tribunal of another state 
129.23 	pursuant to this chapter or a law substantially similar to this chapter, a tribunal of this state 
129.24 	loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the 
129.25 	order issued in this state, and may only:
129.26 	(1) enforce the order that was modified as to amounts accruing before the 
129.27 	modification;
129.28 	(2) enforce nonmodifiable aspects of that order; and
129.29 	(3) provide other appropriate relief for violations of that order which occurred before 
129.30 	the effective date of the modification.
129.31 	(d) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a 
129.32 	tribunal of another state which has issued a child support order pursuant to this chapter or 
129.33 	a law substantially similar to this chapter.
129.34 	(e) A temporary support order issued ex parte or pending resolution of a jurisdictional 
129.35 	conflict does not create continuing, exclusive jurisdiction in the issuing tribunal.
130.1 	(f) A tribunal of this state issuing a support order consistent with the law of this 
130.2 	state has continuing, exclusive jurisdiction over a spousal support order throughout the 
130.3 	existence of the support obligation. A tribunal of this state may not modify a spousal 
130.4 	support order issued by a tribunal of another state having continuing, exclusive jurisdiction 
130.5 	over that order under the law of that state.

130.6 	Sec. 4. RECIPROCAL AGREEMENT; CHILD SUPPORT ENFORCEMENT.
 130.7 	The commissioner of human services shall initiate procedures no later than October 
130.8 	1, 2012, to enter into a reciprocal agreement with Bermuda for the establishment and 
130.9 	enforcement of child support obligations pursuant to United States Code, title 42, section 
130.10 	659a(d).

130.11 	EFFECTIVE DATE. This section is effective upon Bermuda's written acceptance 
130.12 	and agreement to enforce Minnesota child support orders. If Bermuda does not accept and 
130.13 	declines to enforce Minnesota orders, this section expires October 1, 2013.

130.14 	Sec. 5. EFFECTIVE DATE.
 130.15 	This article is effective August 1, 2012.

130.16 	ARTICLE 5
130.17 	TECHNICAL AND CONFORMING AMENDMENTS

130.18 	Section 1. Minnesota Statutes 2010, section 257.01, is amended to read:
130.19 	257.01 RECORDS REQUIRED.
130.20 	Each person or authorized child-placing agency permitted by law to receive children, 
130.21 	secure homes for children, or care for children, shall keep a record containing the name, 
130.22 	age, former residence, legal status, health records, sex, race, and accumulated length of 
130.23 	time in foster care, if applicable, of each child received; the name, former residence, 
130.24 	occupation, health history, and character, of each birth parent; the date of reception, 
130.25 	placing out, and adoption of each child, and the name, race, occupation, and residence of 
130.26 	the person with whom a child is placed; the date of the removal of any child to another 
130.27 	home and the reason for removal; the date of termination of the guardianship; the history 
130.28 	of each child until the child reaches the age of 18 21 years, is legally adopted, or is 
130.29 	discharged according to law; and further demographic and other information as is required 
130.30 	by the commissioner of human services.

131.1 	Sec. 2. Minnesota Statutes 2010, section 259.69, is amended to read:
131.2 	259.69 TRANSFER OF FUNDS.
131.3 	The commissioner of human services may transfer funds into the subsidized adoption
131.4 	assistance account when a deficit in the subsidized adoption assistance program occurs.

131.5 	Sec. 3. Minnesota Statutes 2010, section 259.73, is amended to read:
131.6 	259.73 REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES.
131.7 	The commissioner of human services shall provide reimbursement of up to $2,000 
131.8 	to the adoptive parent or parents for costs incurred in adopting a child with special 
131.9 	needs. The commissioner shall determine the child's eligibility for adoption expense 
131.10 	reimbursement under title IV-E of the Social Security Act, United States Code, title 42, 
131.11 	sections 670 to 676. To be reimbursed, costs must be reasonable, necessary, and directly 
131.12 	related to the legal adoption of the child. An individual may apply for reimbursement for 
131.13 	costs incurred in an adoption of a child with special needs under section 259A.70.

131.14 	Sec. 4. Minnesota Statutes 2010, section 260C.301, subdivision 1, is amended to read:
131.15 		Subdivision 1.Voluntary and involuntary. The juvenile court may upon petition, 
131.16 	terminate all rights of a parent to a child:
131.17 	(a) with the written consent of a parent who for good cause desires to terminate 
131.18 	parental rights; or
131.19 	(b) if it finds that one or more of the following conditions exist:
131.20 	(1) that the parent has abandoned the child;
131.21 	(2) that the parent has substantially, continuously, or repeatedly refused or neglected 
131.22 	to comply with the duties imposed upon that parent by the parent and child relationship, 
131.23 	including but not limited to providing the child with necessary food, clothing, shelter, 
131.24 	education, and other care and control necessary for the child's physical, mental, or 
131.25 	emotional health and development, if the parent is physically and financially able, and 
131.26 	either reasonable efforts by the social services agency have failed to correct the conditions 
131.27 	that formed the basis of the petition or reasonable efforts would be futile and therefore 
131.28 	unreasonable;
131.29 	(3) that a parent has been ordered to contribute to the support of the child or 
131.30 	financially aid in the child's birth and has continuously failed to do so without good cause. 
131.31 	This clause shall not be construed to state a grounds for termination of parental rights of a 
131.32 	noncustodial parent if that parent has not been ordered to or cannot financially contribute 
131.33 	to the support of the child or aid in the child's birth;
132.1 	(4) that a parent is palpably unfit to be a party to the parent and child relationship 
132.2 	because of a consistent pattern of specific conduct before the child or of specific conditions 
132.3 	directly relating to the parent and child relationship either of which are determined by 
132.4 	the court to be of a duration or nature that renders the parent unable, for the reasonably 
132.5 	foreseeable future, to care appropriately for the ongoing physical, mental, or emotional 
132.6 	needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent 
132.7 	and child relationship upon a showing that the parent's parental rights to one or more other 
132.8 	children were involuntarily terminated or that the parent's custodial rights to another child 
132.9 	have been involuntarily transferred to a relative under section 260C.201, subdivision 11, 
132.10 	paragraph (e), clause (1), or a similar law of another jurisdiction;
132.11 	(5) that following the child's placement out of the home, reasonable efforts, under the 
132.12 	direction of the court, have failed to correct the conditions leading to the child's placement. 
132.13 	It is presumed that reasonable efforts under this clause have failed upon a showing that:
132.14 	(i) a child has resided out of the parental home under court order for a cumulative 
132.15 	period of 12 months within the preceding 22 months. In the case of a child under age eight 
132.16 	at the time the petition was filed alleging the child to be in need of protection or services, 
132.17 	the presumption arises when the child has resided out of the parental home under court 
132.18 	order for six months unless the parent has maintained regular contact with the child and 
132.19 	the parent is complying with the out-of-home placement plan;
132.20 	(ii) the court has approved the out-of-home placement plan required under section 
132.21 	260C.212 and filed with the court under section 260C.178;
132.22 	(iii) conditions leading to the out-of-home placement have not been corrected. It 
132.23 	is presumed that conditions leading to a child's out-of-home placement have not been 
132.24 	corrected upon a showing that the parent or parents have not substantially complied with 
132.25 	the court's orders and a reasonable case plan; and
132.26 	(iv) reasonable efforts have been made by the social services agency to rehabilitate 
132.27 	the parent and reunite the family.
132.28 	This clause does not prohibit the termination of parental rights prior to one year, or 
132.29 	in the case of a child under age eight, prior to six months after a child has been placed 
132.30 	out of the home.
132.31 	It is also presumed that reasonable efforts have failed under this clause upon a 
132.32 	showing that:
132.33 	(A) the parent has been diagnosed as chemically dependent by a professional 
132.34 	certified to make the diagnosis;
132.35 	(B) the parent has been required by a case plan to participate in a chemical 
132.36 	dependency treatment program;
133.1 	(C) the treatment programs offered to the parent were culturally, linguistically, 
133.2 	and clinically appropriate;
133.3 	(D) the parent has either failed two or more times to successfully complete a 
133.4 	treatment program or has refused at two or more separate meetings with a caseworker 
133.5 	to participate in a treatment program; and
133.6 	(E) the parent continues to abuse chemicals.
133.7 	(6) that a child has experienced egregious harm in the parent's care which is of a 
133.8 	nature, duration, or chronicity that indicates a lack of regard for the child's well-being, 
133.9 	such that a reasonable person would believe it contrary to the best interest of the child 
133.10 	or of any child to be in the parent's care;
133.11 	(7) that in the case of a child born to a mother who was not married to the child's 
133.12 	father when the child was conceived nor when the child was born the person is not entitled 
133.13 	to notice of an adoption hearing under section 259.49 and the person has not registered 
133.14 	with the fathers' adoption registry under section 259.52;
133.15 	(8) that the child is neglected and in foster care; or
133.16 	(9) that the parent has been convicted of a crime listed in section 260.012, paragraph 
133.17 	(g), clauses (1) to (3) (5).
133.18 	In an action involving an American Indian child, sections 260.751 to 260.835 and 
133.19 	the Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control 
133.20 	to the extent that the provisions of this section are inconsistent with those laws.

133.21 	Sec. 5. Minnesota Statutes 2010, section 260D.08, is amended to read:
133.22 	260D.08 ANNUAL REVIEW.
133.23 	(a) After the court conducts a permanency review hearing under section 260D.07, 
133.24 	the matter must be returned to the court for further review of the responsible social 
133.25 	services reasonable efforts to finalize the permanent plan for the child and the child's foster 
133.26 	care placement at least every 12 months while the child is in foster care. The court shall 
133.27 	give notice to the parent and child, age 12 or older, and the foster parents of the continued 
133.28 	review requirements under this section at the permanency review hearing.
133.29 	(b) Every 12 months, the court shall determine whether the agency made reasonable 
133.30 	efforts to finalize the permanency plan for the child, which means the exercise of due 
133.31 	diligence by the agency to:
133.32 	(1) ensure that the agreement for voluntary foster care is the most appropriate legal 
133.33 	arrangement to meet the child's safety, health, and best interests and to conduct a genuine 
133.34 	examination of whether there is another permanency disposition order under chapter 
134.1 	260C, including returning the child home, that would better serve the child's need for a 
134.2 	stable and permanent home;
134.3 	(2) engage and support the parent in continued involvement in planning and decision 
134.4 	making for the needs of the child;
134.5 	(3) strengthen the child's ties to the parent, relatives, and community;
134.6 	(4) implement the out-of-home placement plan required under section 260C.212, 
134.7 	subdivision 1, and ensure that the plan requires the provision of appropriate services to 
134.8 	address the physical health, mental health, and educational needs of the child; and
134.9 	(5) ensure appropriate planning for the child's safe, permanent, and independent 
134.10 	living arrangement after the child's 18th birthday.

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

134.18 	Sec. 7. Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:
134.19 		Subd. 2.Definitions. As used in this section, the following terms have the meanings 
134.20 	given them unless the specific content indicates otherwise:
134.21 	(a) "Family assessment" means a comprehensive assessment of child safety, risk 
134.22 	of subsequent child maltreatment, and family strengths and needs that is applied to a 
134.23 	child maltreatment report that does not allege substantial child endangerment. Family 
134.24 	assessment does not include a determination as to whether child maltreatment occurred 
134.25 	but does determine the need for services to address the safety of family members and the 
134.26 	risk of subsequent maltreatment.
134.27 	(b) "Investigation" means fact gathering related to the current safety of a child 
134.28 	and the risk of subsequent maltreatment that determines whether child maltreatment 
134.29 	occurred and whether child protective services are needed. An investigation must be used 
134.30 	when reports involve substantial child endangerment, and for reports of maltreatment in 
134.31 	facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to 
134.32 	144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and 
134.33 	13, and 124D.10; or in a nonlicensed personal care provider association as defined in 
134.34 	sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.
135.1 	(c) "Substantial child endangerment" means a person responsible for a child's care, 
135.2 	and in the case of sexual abuse includes a person who has a significant relationship to the 
135.3 	child as defined in section 609.341, or a person in a position of authority as defined in 
135.4 	section 609.341, who by act or omission commits or attempts to commit an act against a 
135.5 	child under their care that constitutes any of the following:
135.6 	(1) egregious harm as defined in section 260C.007, subdivision 14;
135.7 	(2) sexual abuse as defined in paragraph (d);
135.8 	(3) abandonment under section 260C.301, subdivision 2;
135.9 	(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the 
135.10 	child's physical or mental health, including a growth delay, which may be referred to as 
135.11 	failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
135.12 	(5) murder in the first, second, or third degree under section 609.185, 609.19, or 
135.13 	609.195;
135.14 	(6) manslaughter in the first or second degree under section 609.20 or 609.205;
135.15 	(7) assault in the first, second, or third degree under section 609.221, 609.222, or 
135.16 	609.223;
135.17 	(8) solicitation, inducement, and promotion of prostitution under section 609.322;
135.18 	(9) criminal sexual conduct under sections 609.342 to 609.3451;
135.19 	(10) solicitation of children to engage in sexual conduct under section 609.352;
135.20 	(11) malicious punishment or neglect or endangerment of a child under section 
135.21 	609.377 or 609.378;
135.22 	(12) use of a minor in sexual performance under section 617.246; or
135.23 	(13) parental behavior, status, or condition which mandates that the county attorney 
135.24 	file a termination of parental rights petition under section 260C.301, subdivision 3, 
135.25 	paragraph (a).
135.26 	(d) "Sexual abuse" means the subjection of a child by a person responsible for the 
135.27 	child's care, by a person who has a significant relationship to the child, as defined in 
135.28 	section 609.341, or by a person in a position of authority, as defined in section 609.341, 
135.29 	subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual 
135.30 	conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 
135.31 	609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct 
135.32 	in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual 
135.33 	abuse also includes any act which involves a minor which constitutes a violation of 
135.34 	prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes 
135.35 	threatened sexual abuse which includes the status of a parent or household member 
135.36 	who has committed a violation which requires registration as an offender under section 
136.1 	243.166, subdivision 1b, paragraph (a) or (b), or required registration under section 
136.2 	243.166, subdivision 1b, paragraph (a) or (b).
136.3 	(e) "Person responsible for the child's care" means (1) an individual functioning 
136.4 	within the family unit and having responsibilities for the care of the child such as a 
136.5 	parent, guardian, or other person having similar care responsibilities, or (2) an individual 
136.6 	functioning outside the family unit and having responsibilities for the care of the child 
136.7 	such as a teacher, school administrator, other school employees or agents, or other lawful 
136.8 	custodian of a child having either full-time or short-term care responsibilities including, 
136.9 	but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, 
136.10 	and coaching.
136.11 	(f) "Neglect" means the commission or omission of any of the acts specified under 
136.12 	clauses (1) to (9), other than by accidental means:
136.13 	(1) failure by a person responsible for a child's care to supply a child with necessary 
136.14 	food, clothing, shelter, health, medical, or other care required for the child's physical or 
136.15 	mental health when reasonably able to do so;
136.16 	(2) failure to protect a child from conditions or actions that seriously endanger the 
136.17 	child's physical or mental health when reasonably able to do so, including a growth delay, 
136.18 	which may be referred to as a failure to thrive, that has been diagnosed by a physician and 
136.19 	is due to parental neglect;
136.20 	(3) failure to provide for necessary supervision or child care arrangements 
136.21 	appropriate for a child after considering factors as the child's age, mental ability, physical 
136.22 	condition, length of absence, or environment, when the child is unable to care for the 
136.23 	child's own basic needs or safety, or the basic needs or safety of another child in their care;
136.24 	(4) failure to ensure that the child is educated as defined in sections 120A.22 and 
136.25 	260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's 
136.26 	child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;
136.27 	(5) nothing in this section shall be construed to mean that a child is neglected solely 
136.28 	because the child's parent, guardian, or other person responsible for the child's care in 
136.29 	good faith selects and depends upon spiritual means or prayer for treatment or care of 
136.30 	disease or remedial care of the child in lieu of medical care; except that a parent, guardian, 
136.31 	or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report 
136.32 	if a lack of medical care may cause serious danger to the child's health. This section does 
136.33 	not impose upon persons, not otherwise legally responsible for providing a child with 
136.34 	necessary food, clothing, shelter, education, or medical care, a duty to provide that care;
136.35 	(6) prenatal exposure to a controlled substance, as defined in section 253B.02, 
136.36 	subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal 
137.1 	symptoms in the child at birth, results of a toxicology test performed on the mother at 
137.2 	delivery or the child at birth, or medical effects or developmental delays during the child's 
137.3 	first year of life that medically indicate prenatal exposure to a controlled substance, or the 
137.4 	presence of a fetal alcohol spectrum disorder;
137.5 	(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);
137.6 	(8) chronic and severe use of alcohol or a controlled substance by a parent or 
137.7 	person responsible for the care of the child that adversely affects the child's basic needs 
137.8 	and safety; or
137.9 	(9) emotional harm from a pattern of behavior which contributes to impaired 
137.10 	emotional functioning of the child which may be demonstrated by a substantial and 
137.11 	observable effect in the child's behavior, emotional response, or cognition that is not 
137.12 	within the normal range for the child's age and stage of development, with due regard to 
137.13 	the child's culture.
137.14 	(g) "Physical abuse" means any physical injury, mental injury, or threatened injury, 
137.15 	inflicted by a person responsible for the child's care on a child other than by accidental 
137.16 	means, or any physical or mental injury that cannot reasonably be explained by the child's 
137.17 	history of injuries, or any aversive or deprivation procedures, or regulated interventions, 
137.18 	that have not been authorized under section 121A.67 or 245.825.
137.19 	Abuse does not include reasonable and moderate physical discipline of a child 
137.20 	administered by a parent or legal guardian which does not result in an injury. Abuse does 
137.21 	not include the use of reasonable force by a teacher, principal, or school employee as 
137.22 	allowed by section 121A.582. Actions which are not reasonable and moderate include, 
137.23 	but are not limited to, any of the following that are done in anger or without regard to the 
137.24 	safety of the child:
137.25 	(1) throwing, kicking, burning, biting, or cutting a child;
137.26 	(2) striking a child with a closed fist;
137.27 	(3) shaking a child under age three;
137.28 	(4) striking or other actions which result in any nonaccidental injury to a child 
137.29 	under 18 months of age;
137.30 	(5) unreasonable interference with a child's breathing;
137.31 	(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;
137.32 	(7) striking a child under age one on the face or head;
137.33 	(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled 
137.34 	substances which were not prescribed for the child by a practitioner, in order to control or 
137.35 	punish the child; or other substances that substantially affect the child's behavior, motor 
137.36 	coordination, or judgment or that results in sickness or internal injury, or subjects the 
138.1 	child to medical procedures that would be unnecessary if the child were not exposed 
138.2 	to the substances;
138.3 	(9) unreasonable physical confinement or restraint not permitted under section 
138.4 	609.379, including but not limited to tying, caging, or chaining; or
138.5 	(10) in a school facility or school zone, an act by a person responsible for the child's 
138.6 	care that is a violation under section 121A.58.
138.7 	(h) "Report" means any report received by the local welfare agency, police 
138.8 	department, county sheriff, or agency responsible for assessing or investigating 
138.9 	maltreatment pursuant to this section.
138.10 	(i) "Facility" means:
138.11 	(1) a licensed or unlicensed day care facility, residential facility, agency, hospital, 
138.12 	sanitarium, or other facility or institution required to be licensed under sections 144.50 to 
138.13 	144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;
138.14 	(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and 
138.15 	124D.10; or
138.16 	(3) a nonlicensed personal care provider organization as defined in sections 256B.04, 
138.17 	subdivision 16, and 256B.0625, subdivision 19a.
138.18 	(j) "Operator" means an operator or agency as defined in section 245A.02.
138.19 	(k) "Commissioner" means the commissioner of human services.
138.20 	(l) "Practice of social services," for the purposes of subdivision 3, includes but is 
138.21 	not limited to employee assistance counseling and the provision of guardian ad litem and 
138.22 	parenting time expeditor services.
138.23 	(m) "Mental injury" means an injury to the psychological capacity or emotional 
138.24 	stability of a child as evidenced by an observable or substantial impairment in the child's 
138.25 	ability to function within a normal range of performance and behavior with due regard to 
138.26 	the child's culture.
138.27 	(n) "Threatened injury" means a statement, overt act, condition, or status that 
138.28 	represents a substantial risk of physical or sexual abuse or mental injury. Threatened 
138.29 	injury includes, but is not limited to, exposing a child to a person responsible for the 
138.30 	child's care, as defined in paragraph (e), clause (1), who has:
138.31 	(1) subjected a child to, or failed to protect a child from, an overt act or condition 
138.32 	that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a 
138.33 	similar law of another jurisdiction;
138.34 	(2) been found to be palpably unfit under section 260C.301, paragraph (b), clause 
138.35 	(4), or a similar law of another jurisdiction;
139.1 	(3) committed an act that has resulted in an involuntary termination of parental rights 
139.2 	under section 260C.301, or a similar law of another jurisdiction; or
139.3 	(4) committed an act that has resulted in the involuntary transfer of permanent legal 
139.4 	and physical custody of a child to a relative under section 260C.201, subdivision 11, 
139.5 	paragraph (d), clause (1), or a similar law of another jurisdiction.
139.6 	(o) Persons who conduct assessments or investigations under this section shall take 
139.7 	into account accepted child-rearing practices of the culture in which a child participates 
139.8 	and accepted teacher discipline practices, which are not injurious to the child's health, 
139.9 	welfare, and safety.
139.10 	(p) "Accidental" means a sudden, not reasonably foreseeable, and unexpected 
139.11 	occurrence or event which:
139.12 	(1) is not likely to occur and could not have been prevented by exercise of due 
139.13 	care; and
139.14 	(2) if occurring while a child is receiving services from a facility, happens when the 
139.15 	facility and the employee or person providing services in the facility are in compliance 
139.16 	with the laws and rules relevant to the occurrence or event.
139.17 	(q) "Nonmaltreatment mistake" means:
139.18 	(1) at the time of the incident, the individual was performing duties identified in the 
139.19 	center's child care program plan required under Minnesota Rules, part 9503.0045;
139.20 	(2) the individual has not been determined responsible for a similar incident that 
139.21 	resulted in a finding of maltreatment for at least seven years;
139.22 	(3) the individual has not been determined to have committed a similar 
139.23 	nonmaltreatment mistake under this paragraph for at least four years;
139.24 	(4) any injury to a child resulting from the incident, if treated, is treated only with 
139.25 	remedies that are available over the counter, whether ordered by a medical professional or 
139.26 	not; and
139.27 	(5) except for the period when the incident occurred, the facility and the individual 
139.28 	providing services were both in compliance with all licensing requirements relevant to the 
139.29 	incident.
139.30 	This definition only applies to child care centers licensed under Minnesota 
139.31 	Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of 
139.32 	substantiated maltreatment by the individual, the commissioner of human services shall 
139.33 	determine that a nonmaltreatment mistake was made by the individual.

139.34 	Sec. 8. Minnesota Statutes 2010, section 626.556, subdivision 10, is amended to read:
140.1 		Subd. 10.Duties of local welfare agency and local law enforcement agency upon 
140.2 	receipt of report. (a) Upon receipt of a report, the local welfare agency shall determine 
140.3 	whether to conduct a family assessment or an investigation as appropriate to prevent or 
140.4 	provide a remedy for child maltreatment. The local welfare agency:
140.5 	(1) shall conduct an investigation on reports involving substantial child 
140.6 	endangerment;
140.7 	(2) shall begin an immediate investigation if, at any time when it is using a family 
140.8 	assessment response, it determines that there is reason to believe that substantial child 
140.9 	endangerment or a serious threat to the child's safety exists;
140.10 	(3) may conduct a family assessment for reports that do not allege substantial child 
140.11 	endangerment. In determining that a family assessment is appropriate, the local welfare 
140.12 	agency may consider issues of child safety, parental cooperation, and the need for an 
140.13 	immediate response; and
140.14 	(4) may conduct a family assessment on a report that was initially screened and 
140.15 	assigned for an investigation. In determining that a complete investigation is not required, 
140.16 	the local welfare agency must document the reason for terminating the investigation and 
140.17 	notify the local law enforcement agency if the local law enforcement agency is conducting 
140.18 	a joint investigation.
140.19 	If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian, 
140.20 	or individual functioning within the family unit as a person responsible for the child's 
140.21 	care, or sexual abuse by a person with a significant relationship to the child when that 
140.22 	person resides in the child's household or by a sibling, the local welfare agency shall 
140.23 	immediately conduct a family assessment or investigation as identified in clauses (1) to 
140.24 	(4). In conducting a family assessment or investigation, the local welfare agency shall 
140.25 	gather information on the existence of substance abuse and domestic violence and offer 
140.26 	services for purposes of preventing future child maltreatment, safeguarding and enhancing 
140.27 	the welfare of the abused or neglected minor, and supporting and preserving family 
140.28 	life whenever possible. If the report alleges a violation of a criminal statute involving 
140.29 	sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the 
140.30 	local law enforcement agency and local welfare agency shall coordinate the planning and 
140.31 	execution of their respective investigation and assessment efforts to avoid a duplication of 
140.32 	fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of 
140.33 	the results of its investigation. In cases of alleged child maltreatment resulting in death, 
140.34 	the local agency may rely on the fact-finding efforts of a law enforcement investigation 
140.35 	to make a determination of whether or not maltreatment occurred. When necessary the 
140.36 	local welfare agency shall seek authority to remove the child from the custody of a parent, 
141.1 	guardian, or adult with whom the child is living. In performing any of these duties, the 
141.2 	local welfare agency shall maintain appropriate records.
141.3 	If the family assessment or investigation indicates there is a potential for abuse of 
141.4 	alcohol or other drugs by the parent, guardian, or person responsible for the child's care, 
141.5 	the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota 
141.6 	Rules, part 9530.6615.
141.7 	(b) When a local agency receives a report or otherwise has information indicating 
141.8 	that a child who is a client, as defined in section 245.91, has been the subject of physical 
141.9 	abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section 
141.10 	245.91, it shall, in addition to its other duties under this section, immediately inform the 
141.11 	ombudsman established under sections 245.91 to 245.97. The commissioner of education 
141.12 	shall inform the ombudsman established under sections 245.91 to 245.97 of reports 
141.13 	regarding a child defined as a client in section 245.91 that maltreatment occurred at a 
141.14 	school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.
141.15 	(c) Authority of the local welfare agency responsible for assessing or investigating 
141.16 	the child abuse or neglect report, the agency responsible for assessing or investigating 
141.17 	the report, and of the local law enforcement agency for investigating the alleged abuse or 
141.18 	neglect includes, but is not limited to, authority to interview, without parental consent, 
141.19 	the alleged victim and any other minors who currently reside with or who have resided 
141.20 	with the alleged offender. The interview may take place at school or at any facility or 
141.21 	other place where the alleged victim or other minors might be found or the child may be 
141.22 	transported to, and the interview conducted at, a place appropriate for the interview of a 
141.23 	child designated by the local welfare agency or law enforcement agency. The interview 
141.24 	may take place outside the presence of the alleged offender or parent, legal custodian, 
141.25 	guardian, or school official. For family assessments, it is the preferred practice to request 
141.26 	a parent or guardian's permission to interview the child prior to conducting the child 
141.27 	interview, unless doing so would compromise the safety assessment. Except as provided in 
141.28 	this paragraph, the parent, legal custodian, or guardian shall be notified by the responsible 
141.29 	local welfare or law enforcement agency no later than the conclusion of the investigation 
141.30 	or assessment that this interview has occurred. Notwithstanding rule 32 of the Minnesota 
141.31 	Rules of Procedure for Juvenile Courts, the juvenile court may, after hearing on an ex parte 
141.32 	motion by the local welfare agency, order that, where reasonable cause exists, the agency 
141.33 	withhold notification of this interview from the parent, legal custodian, or guardian. If the 
141.34 	interview took place or is to take place on school property, the order shall specify that 
141.35 	school officials may not disclose to the parent, legal custodian, or guardian the contents 
141.36 	of the notification of intent to interview the child on school property, as provided under 
142.1 	this paragraph, and any other related information regarding the interview that may be a 
142.2 	part of the child's school record. A copy of the order shall be sent by the local welfare or 
142.3 	law enforcement agency to the appropriate school official.
142.4 	(d) When the local welfare, local law enforcement agency, or the agency responsible 
142.5 	for assessing or investigating a report of maltreatment determines that an interview should 
142.6 	take place on school property, written notification of intent to interview the child on school 
142.7 	property must be received by school officials prior to the interview. The notification 
142.8 	shall include the name of the child to be interviewed, the purpose of the interview, and 
142.9 	a reference to the statutory authority to conduct an interview on school property. For 
142.10 	interviews conducted by the local welfare agency, the notification shall be signed by the 
142.11 	chair of the local social services agency or the chair's designee. The notification shall be 
142.12 	private data on individuals subject to the provisions of this paragraph. School officials 
142.13 	may not disclose to the parent, legal custodian, or guardian the contents of the notification 
142.14 	or any other related information regarding the interview until notified in writing by the 
142.15 	local welfare or law enforcement agency that the investigation or assessment has been 
142.16 	concluded, unless a school employee or agent is alleged to have maltreated the child. 
142.17 	Until that time, the local welfare or law enforcement agency or the agency responsible 
142.18 	for assessing or investigating a report of maltreatment shall be solely responsible for any 
142.19 	disclosures regarding the nature of the assessment or investigation.
142.20 	Except where the alleged offender is believed to be a school official or employee, 
142.21 	the time and place, and manner of the interview on school premises shall be within the 
142.22 	discretion of school officials, but the local welfare or law enforcement agency shall have 
142.23 	the exclusive authority to determine who may attend the interview. The conditions as to 
142.24 	time, place, and manner of the interview set by the school officials shall be reasonable and 
142.25 	the interview shall be conducted not more than 24 hours after the receipt of the notification 
142.26 	unless another time is considered necessary by agreement between the school officials and 
142.27 	the local welfare or law enforcement agency. Where the school fails to comply with the 
142.28 	provisions of this paragraph, the juvenile court may order the school to comply. Every 
142.29 	effort must be made to reduce the disruption of the educational program of the child, other 
142.30 	students, or school staff when an interview is conducted on school premises.
142.31 	(e) Where the alleged offender or a person responsible for the care of the alleged 
142.32 	victim or other minor prevents access to the victim or other minor by the local welfare 
142.33 	agency, the juvenile court may order the parents, legal custodian, or guardian to produce 
142.34 	the alleged victim or other minor for questioning by the local welfare agency or the local 
142.35 	law enforcement agency outside the presence of the alleged offender or any person 
142.36 	responsible for the child's care at reasonable places and times as specified by court order.
143.1 	(f) Before making an order under paragraph (e), the court shall issue an order to 
143.2 	show cause, either upon its own motion or upon a verified petition, specifying the basis for 
143.3 	the requested interviews and fixing the time and place of the hearing. The order to show 
143.4 	cause shall be served personally and shall be heard in the same manner as provided in 
143.5 	other cases in the juvenile court. The court shall consider the need for appointment of a 
143.6 	guardian ad litem to protect the best interests of the child. If appointed, the guardian ad 
143.7 	litem shall be present at the hearing on the order to show cause.
143.8 	(g) The commissioner of human services, the ombudsman for mental health and 
143.9 	developmental disabilities, the local welfare agencies responsible for investigating reports, 
143.10 	the commissioner of education, and the local law enforcement agencies have the right to 
143.11 	enter facilities as defined in subdivision 2 and to inspect and copy the facility's records, 
143.12 	including medical records, as part of the investigation. Notwithstanding the provisions of 
143.13 	chapter 13, they also have the right to inform the facility under investigation that they are 
143.14 	conducting an investigation, to disclose to the facility the names of the individuals under 
143.15 	investigation for abusing or neglecting a child, and to provide the facility with a copy of 
143.16 	the report and the investigative findings.
143.17 	(h) The local welfare agency responsible for conducting a family assessment or 
143.18 	investigation shall collect available and relevant information to determine child safety, 
143.19 	risk of subsequent child maltreatment, and family strengths and needs and share not public 
143.20 	information with an Indian's tribal social services agency without violating any law of the 
143.21 	state that may otherwise impose duties of confidentiality on the local welfare agency in 
143.22 	order to implement the tribal state agreement. The local welfare agency or the agency 
143.23 	responsible for investigating the report shall collect available and relevant information 
143.24 	to ascertain whether maltreatment occurred and whether protective services are needed. 
143.25 	Information collected includes, when relevant, information with regard to the person 
143.26 	reporting the alleged maltreatment, including the nature of the reporter's relationship to the 
143.27 	child and to the alleged offender, and the basis of the reporter's knowledge for the report; 
143.28 	the child allegedly being maltreated; the alleged offender; the child's caretaker; and other 
143.29 	collateral sources having relevant information related to the alleged maltreatment. The 
143.30 	local welfare agency or the agency responsible for assessing or investigating the report 
143.31 	may make a determination of no maltreatment early in an assessment investigation, and 
143.32 	close the case and retain immunity, if the collected information shows no basis for a 
143.33 	full assessment or investigation.
143.34 	Information relevant to the assessment or investigation must be asked for, and 
143.35 	may include:
144.1 	(1) the child's sex and age, prior reports of maltreatment, information relating 
144.2 	to developmental functioning, credibility of the child's statement, and whether the 
144.3 	information provided under this clause is consistent with other information collected 
144.4 	during the course of the assessment or investigation;
144.5 	(2) the alleged offender's age, a record check for prior reports of maltreatment, and 
144.6 	criminal charges and convictions. The local welfare agency or the agency responsible for 
144.7 	assessing or investigating the report must provide the alleged offender with an opportunity 
144.8 	to make a statement. The alleged offender may submit supporting documentation relevant 
144.9 	to the assessment or investigation;
144.10 	(3) collateral source information regarding the alleged maltreatment and care of the 
144.11 	child. Collateral information includes, when relevant: (i) a medical examination of the 
144.12 	child; (ii) prior medical records relating to the alleged maltreatment or the care of the 
144.13 	child maintained by any facility, clinic, or health care professional and an interview with 
144.14 	the treating professionals; and (iii) interviews with the child's caretakers, including the 
144.15 	child's parent, guardian, foster parent, child care provider, teachers, counselors, family 
144.16 	members, relatives, and other persons who may have knowledge regarding the alleged 
144.17 	maltreatment and the care of the child; and
144.18 	(4) information on the existence of domestic abuse and violence in the home of 
144.19 	the child, and substance abuse.
144.20 	Nothing in this paragraph precludes the local welfare agency, the local law 
144.21 	enforcement agency, or the agency responsible for assessing or investigating the report 
144.22 	from collecting other relevant information necessary to conduct the assessment or 
144.23 	investigation. Notwithstanding sections 13.384 or 144.291 to 144.298, the local welfare 
144.24 	agency has access to medical data and records for purposes of clause (3). Notwithstanding 
144.25 	the data's classification in the possession of any other agency, data acquired by the 
144.26 	local welfare agency or the agency responsible for assessing or investigating the report 
144.27 	during the course of the assessment or investigation are private data on individuals and 
144.28 	must be maintained in accordance with subdivision 11. Data of the commissioner of 
144.29 	education collected or maintained during and for the purpose of an investigation of 
144.30 	alleged maltreatment in a school are governed by this section, notwithstanding the data's 
144.31 	classification as educational, licensing, or personnel data under chapter 13.
144.32 	In conducting an assessment or investigation involving a school facility as defined 
144.33 	in subdivision 2, paragraph (i), the commissioner of education shall collect investigative 
144.34 	reports and data that are relevant to a report of maltreatment and are from local law 
144.35 	enforcement and the school facility.
145.1 	(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face 
145.2 	contact with the child reported to be maltreated and with the child's primary caregiver 
145.3 	sufficient to complete a safety assessment and ensure the immediate safety of the child. 
145.4 	The face-to-face contact with the child and primary caregiver shall occur immediately 
145.5 	if substantial child endangerment is alleged and within five calendar days for all other 
145.6 	reports. If the alleged offender was not already interviewed as the primary caregiver, the 
145.7 	local welfare agency shall also conduct a face-to-face interview with the alleged offender 
145.8 	in the early stages of the assessment or investigation. At the initial contact, the local child 
145.9 	welfare agency or the agency responsible for assessing or investigating the report must 
145.10 	inform the alleged offender of the complaints or allegations made against the individual in 
145.11 	a manner consistent with laws protecting the rights of the person who made the report. 
145.12 	The interview with the alleged offender may be postponed if it would jeopardize an active 
145.13 	law enforcement investigation.
145.14 	(j) When conducting an investigation, the local welfare agency shall use a question 
145.15 	and answer interviewing format with questioning as nondirective as possible to elicit 
145.16 	spontaneous responses. For investigations only, the following interviewing methods and 
145.17 	procedures must be used whenever possible when collecting information:
145.18 	(1) audio recordings of all interviews with witnesses and collateral sources; and
145.19 	(2) in cases of alleged sexual abuse, audio-video recordings of each interview with 
145.20 	the alleged victim and child witnesses.
145.21 	(k) In conducting an assessment or investigation involving a school facility as 
145.22 	defined in subdivision 2, paragraph (i), the commissioner of education shall collect 
145.23 	available and relevant information and use the procedures in paragraphs (i), (k), and 
145.24 	subdivision 3d, except that the requirement for face-to-face observation of the child 
145.25 	and face-to-face interview of the alleged offender is to occur in the initial stages of the 
145.26 	assessment or investigation provided that the commissioner may also base the assessment 
145.27 	or investigation on investigative reports and data received from the school facility and 
145.28 	local law enforcement, to the extent those investigations satisfy the requirements of 
145.29 	paragraphs (i) and (k), and subdivision 3d.

145.30 	Sec. 9. Minnesota Statutes 2010, section 626.556, subdivision 10e, is amended to read:
145.31 		Subd. 10e.Determinations. (a) The local welfare agency shall conclude the family 
145.32 	assessment or the investigation within 45 days of the receipt of a report. The conclusion of 
145.33 	the assessment or investigation may be extended to permit the completion of a criminal 
145.34 	investigation or the receipt of expert information requested within 45 days of the receipt 
145.35 	of the report.
146.1 	(b) After conducting a family assessment, the local welfare agency shall determine 
146.2 	whether services are needed to address the safety of the child and other family members 
146.3 	and the risk of subsequent maltreatment.
146.4 	(c) After conducting an investigation, the local welfare agency shall make two 
146.5 	determinations: first, whether maltreatment has occurred; and, second, whether child 
146.6 	protective services are needed. No determination of maltreatment shall be made when the 
146.7 	alleged perpetrator is a child under the age of ten.
146.8 	(d) If the commissioner of education conducts an assessment or investigation, 
146.9 	the commissioner shall determine whether maltreatment occurred and what corrective 
146.10 	or protective action was taken by the school facility. If a determination is made that 
146.11 	maltreatment has occurred, the commissioner shall report to the employer, the school 
146.12 	board, and any appropriate licensing entity the determination that maltreatment occurred 
146.13 	and what corrective or protective action was taken by the school facility. In all other cases, 
146.14 	the commissioner shall inform the school board or employer that a report was received, 
146.15 	the subject of the report, the date of the initial report, the category of maltreatment alleged 
146.16 	as defined in paragraph (f), the fact that maltreatment was not determined, and a summary 
146.17 	of the specific reasons for the determination.
146.18 	(e) When maltreatment is determined in an investigation involving a facility, 
146.19 	the investigating agency shall also determine whether the facility or individual was 
146.20 	responsible, or whether both the facility and the individual were responsible for the 
146.21 	maltreatment using the mitigating factors in paragraph (i). Determinations under this 
146.22 	subdivision must be made based on a preponderance of the evidence and are private data 
146.23 	on individuals or nonpublic data as maintained by the commissioner of education.
146.24 	(f) For the purposes of this subdivision, "maltreatment" means any of the following 
146.25 	acts or omissions:
146.26 	(1) physical abuse as defined in subdivision 2, paragraph (g);
146.27 	(2) neglect as defined in subdivision 2, paragraph (f);
146.28 	(3) sexual abuse as defined in subdivision 2, paragraph (d);
146.29 	(4) mental injury as defined in subdivision 2, paragraph (m); or
146.30 	(5) maltreatment of a child in a facility as defined in subdivision 2, paragraph (i).
146.31 	(g) For the purposes of this subdivision, a determination that child protective 
146.32 	services are needed means that the local welfare agency has documented conditions 
146.33 	during the assessment or investigation sufficient to cause a child protection worker, as 
146.34 	defined in section 626.559, subdivision 1, to conclude that a child is at significant risk of 
146.35 	maltreatment if protective intervention is not provided and that the individuals responsible 
147.1 	for the child's care have not taken or are not likely to take actions to protect the child 
147.2 	from maltreatment or risk of maltreatment.
147.3 	(h) This subdivision does not mean that maltreatment has occurred solely because 
147.4 	the child's parent, guardian, or other person responsible for the child's care in good faith 
147.5 	selects and depends upon spiritual means or prayer for treatment or care of disease 
147.6 	or remedial care of the child, in lieu of medical care. However, if lack of medical care 
147.7 	may result in serious danger to the child's health, the local welfare agency may ensure 
147.8 	that necessary medical services are provided to the child.
147.9 	(i) When determining whether the facility or individual is the responsible party, or 
147.10 	whether both the facility and the individual are responsible for determined maltreatment in 
147.11 	a facility, the investigating agency shall consider at least the following mitigating factors:
147.12 	(1) whether the actions of the facility or the individual caregivers were according to, 
147.13 	and followed the terms of, an erroneous physician order, prescription, individual care plan, 
147.14 	or directive; however, this is not a mitigating factor when the facility or caregiver was 
147.15 	responsible for the issuance of the erroneous order, prescription, individual care plan, or 
147.16 	directive or knew or should have known of the errors and took no reasonable measures to 
147.17 	correct the defect before administering care;
147.18 	(2) comparative responsibility between the facility, other caregivers, and 
147.19 	requirements placed upon an employee, including the facility's compliance with related 
147.20 	regulatory standards and the adequacy of facility policies and procedures, facility training, 
147.21 	an individual's participation in the training, the caregiver's supervision, and facility staffing 
147.22 	levels and the scope of the individual employee's authority and discretion; and
147.23 	(3) whether the facility or individual followed professional standards in exercising 
147.24 	professional judgment.
147.25 	The evaluation of the facility's responsibility under clause (2) must not be based on the 
147.26 	completeness of the risk assessment or risk reduction plan required under section 245A.66, 
147.27 	but must be based on the facility's compliance with the regulatory standards for policies 
147.28 	and procedures, training, and supervision as cited in Minnesota Statutes and Minnesota 
147.29 	Rules.
147.30 	(j) Notwithstanding paragraph (i), when maltreatment is determined to have been 
147.31 	committed by an individual who is also the facility license holder, both the individual and 
147.32 	the facility must be determined responsible for the maltreatment, and both the background 
147.33 	study disqualification standards under section 245C.15, subdivision 4, and the licensing 
147.34 	actions under sections 245A.06 or 245A.07 apply.
147.35 	(k) Individual counties may implement more detailed definitions or criteria that 
147.36 	indicate which allegations to investigate, as long as a county's policies are consistent 
148.1 	with the definitions in the statutes and rules and are approved by the county board. Each 
148.2 	local welfare agency shall periodically inform mandated reporters under subdivision 3 
148.3 	who work in the county of the definitions of maltreatment in the statutes and rules and any 
148.4 	additional definitions or criteria that have been approved by the county board.

148.5 	Sec. 10. Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:
148.6 		Subd. 10f.Notice of determinations. Within ten working days of the conclusion 
148.7 	of a family assessment, the local welfare agency shall notify the parent or guardian 
148.8 	of the child of the need for services to address child safety concerns or significant risk 
148.9 	of subsequent child maltreatment. The local welfare agency and the family may also 
148.10 	jointly agree that family support and family preservation services are needed. Within ten 
148.11 	working days of the conclusion of an investigation, the local welfare agency or agency 
148.12 	responsible for assessing or investigating the report shall notify the parent or guardian 
148.13 	of the child, the person determined to be maltreating the child, and if applicable, the 
148.14 	director of the facility, of the determination and a summary of the specific reasons for 
148.15 	the determination. When the investigation involves a child foster care setting that is 
148.16 	monitored by a private licensing agency under section 245A.16, the local welfare agency 
148.17 	responsible for assessing or investigating the report shall notify the private licensing 
148.18 	agency of the determination and shall provide a summary of the specific reasons for 
148.19 	the determination. The notice to the private licensing agency must include identifying 
148.20 	private data, but not the identity of the reporter of maltreatment. The notice must also 
148.21 	include a certification that the information collection procedures under subdivision 10, 
148.22 	paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to 
148.23 	obtain access to other private data on the subject collected, created, or maintained under 
148.24 	this section. In addition, the notice shall include the length of time that the records will be 
148.25 	kept under subdivision 11c. The investigating agency shall notify the parent or guardian 
148.26 	of the child who is the subject of the report, and any person or facility determined to 
148.27 	have maltreated a child, of their appeal or review rights under this section or section 
148.28 	256.022. The notice must also state that a finding of maltreatment may result in denial of a 
148.29 	license application or background study disqualification under chapter 245C related to 
148.30 	employment or services that are licensed by the Department of Human Services under 
148.31 	chapter 245A, the Department of Health under chapter 144 or 144A, the Department of 
148.32 	Corrections under section 241.021, and from providing services related to an unlicensed 
148.33 	personal care provider organization under chapter 256B.

148.34 	Sec. 11. Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:
149.1 		Subd. 10i.Administrative reconsideration; review panel. (a) Administrative 
149.2 	reconsideration is not applicable in family assessments since no determination concerning 
149.3 	maltreatment is made. For investigations, except as provided under paragraph (e), an 
149.4 	individual or facility that the commissioner of human services, a local social service 
149.5 	agency, or the commissioner of education determines has maltreated a child, an interested 
149.6 	person acting on behalf of the child, regardless of the determination, who contests 
149.7 	the investigating agency's final determination regarding maltreatment, may request the 
149.8 	investigating agency to reconsider its final determination regarding maltreatment. The 
149.9 	request for reconsideration must be submitted in writing to the investigating agency within 
149.10 	15 calendar days after receipt of notice of the final determination regarding maltreatment 
149.11 	or, if the request is made by an interested person who is not entitled to notice, within 
149.12 	15 days after receipt of the notice by the parent or guardian of the child. If mailed, the 
149.13 	request for reconsideration must be postmarked and sent to the investigating agency 
149.14 	within 15 calendar days of the individual's or facility's receipt of the final determination. If 
149.15 	the request for reconsideration is made by personal service, it must be received by the 
149.16 	investigating agency within 15 calendar days after the individual's or facility's receipt of the 
149.17 	final determination. Effective January 1, 2002, an individual who was determined to have 
149.18 	maltreated a child under this section and who was disqualified on the basis of serious or 
149.19 	recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration 
149.20 	of the maltreatment determination and the disqualification. The request for reconsideration 
149.21 	of the maltreatment determination and the disqualification must be submitted within 30 
149.22 	calendar days of the individual's receipt of the notice of disqualification under sections 
149.23 	245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment 
149.24 	determination and the disqualification must be postmarked and sent to the investigating 
149.25 	agency within 30 calendar days of the individual's receipt of the maltreatment 
149.26 	determination and notice of disqualification. If the request for reconsideration is made by 
149.27 	personal service, it must be received by the investigating agency within 30 calendar days 
149.28 	after the individual's receipt of the notice of disqualification.
149.29 	(b) Except as provided under paragraphs (e) and (f), if the investigating agency 
149.30 	denies the request or fails to act upon the request within 15 working days after receiving 
149.31 	the request for reconsideration, the person or facility entitled to a fair hearing under 
149.32 	section 256.045 may submit to the commissioner of human services or the commissioner 
149.33 	of education a written request for a hearing under that section. Section 256.045 also 
149.34 	governs hearings requested to contest a final determination of the commissioner of 
149.35 	education. For reports involving maltreatment of a child in a facility, an interested person 
149.36 	acting on behalf of the child may request a review by the Child Maltreatment Review 
150.1 	Panel under section 256.022 if the investigating agency denies the request or fails to act 
150.2 	upon the request or if the interested person contests a reconsidered determination. The 
150.3 	investigating agency shall notify persons who request reconsideration of their rights under 
150.4 	this paragraph. The request must be submitted in writing to the review panel and a copy 
150.5 	sent to the investigating agency within 30 calendar days of receipt of notice of a denial 
150.6 	of a request for reconsideration or of a reconsidered determination. The request must 
150.7 	specifically identify the aspects of the agency determination with which the person is 
150.8 	dissatisfied. The hearings specified under this section are the only administrative appeal of 
150.9 	a decision issued under paragraph (a). Determinations under this section are not subject to 
150.10 	accuracy and completeness challenges under section 13.04.
150.11 	(c) If, as a result of a reconsideration or review, the investigating agency changes 
150.12 	the final determination of maltreatment, that agency shall notify the parties specified in 
150.13 	subdivisions 10b, 10d, and 10f.
150.14 	(d) Except as provided under paragraph (f), if an individual or facility contests the 
150.15 	investigating agency's final determination regarding maltreatment by requesting a fair 
150.16 	hearing under section 256.045, the commissioner of human services shall assure that the 
150.17 	hearing is conducted and a decision is reached within 90 days of receipt of the request for 
150.18 	a hearing. The time for action on the decision may be extended for as many days as the 
150.19 	hearing is postponed or the record is held open for the benefit of either party.
150.20 	(e) If an individual was disqualified under sections 245C.14 and 245C.15, on 
150.21 	the basis of a determination of maltreatment, which was serious or recurring, and 
150.22 	the individual has requested reconsideration of the maltreatment determination under 
150.23 	paragraph (a) and requested reconsideration of the disqualification under sections 245C.21
150.24 	to 245C.27, reconsideration of the maltreatment determination and reconsideration of the 
150.25 	disqualification shall be consolidated into a single reconsideration. If reconsideration 
150.26 	of the maltreatment determination is denied and the individual remains disqualified 
150.27 	following a reconsideration decision, the individual may request a fair hearing under 
150.28 	section 256.045. If an individual requests a fair hearing on the maltreatment determination 
150.29 	and the disqualification, the scope of the fair hearing shall include both the maltreatment 
150.30 	determination and the disqualification.
150.31 	(f) If a maltreatment determination or a disqualification based on serious or recurring 
150.32 	maltreatment is the basis for a denial of a license under section 245A.05 or a licensing 
150.33 	sanction under section 245A.07, the license holder has the right to a contested case hearing 
150.34 	under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for 
150.35 	under section 245A.08, subdivision 2a, the scope of the contested case hearing shall 
150.36 	include the maltreatment determination, disqualification, and licensing sanction or denial 
151.1 	of a license. In such cases, a fair hearing regarding the maltreatment determination and 
151.2 	disqualification shall not be conducted under section 256.045. Except for family child 
151.3 	care and child foster care, reconsideration of a maltreatment determination as provided 
151.4 	under this subdivision, and reconsideration of a disqualification as provided under section 
151.5 	245C.22, shall also not be conducted when:
151.6 	(1) a denial of a license under section 245A.05 or a licensing sanction under section 
151.7 	245A.07, is based on a determination that the license holder is responsible for maltreatment 
151.8 	or the disqualification of a license holder based on serious or recurring maltreatment;
151.9 	(2) the denial of a license or licensing sanction is issued at the same time as the 
151.10 	maltreatment determination or disqualification; and
151.11 	(3) the license holder appeals the maltreatment determination or disqualification, and 
151.12 	denial of a license or licensing sanction.
151.13 	Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment 
151.14 	determination or disqualification, but does not appeal the denial of a license or a licensing 
151.15 	sanction, reconsideration of the maltreatment determination shall be conducted under 
151.16 	sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the 
151.17 	disqualification shall be conducted under section 245C.22. In such cases, a fair hearing 
151.18 	shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and 
151.19 	626.557, subdivision 9d.
151.20 	If the disqualified subject is an individual other than the license holder and upon 
151.21 	whom a background study must be conducted under chapter 245C, the hearings of all 
151.22 	parties may be consolidated into a single contested case hearing upon consent of all parties 
151.23 	and the administrative law judge.
151.24 	(g) For purposes of this subdivision, "interested person acting on behalf of the 
151.25 	child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult 
151.26 	stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been 
151.27 	determined to be the perpetrator of the maltreatment.

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

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

152.3		Column A
	Column B
	
152.4		259.69
	259A.05, subd. 5
	
152.5		260C.217
	260C.139
	
152.6		260C.501
	260C.177
	
152.7		260C.201, subd. 10
	260C.202
	
152.8		260C.212, subd. 7
	260C.203
	
152.9		260C.201, subd. 11a
	260C.204
	
152.10		260C.212, subd. 4
	260C.219
	
152.11		260C.212, subd. 5
	260C.221
	
152.12		260C.213
	260C.223
	
152.13		260C.206
	260C.225
	
152.14		260C.212, subd. 8
	260C.227
	
152.15		260C.212, subd. 6
	260C.521, subd. 4
	
152.16		260C.205
	260D.11
	
152.17 	(b) The revisor of statutes shall make necessary cross-reference changes in 
152.18 	Minnesota Statutes and Minnesota Rules consistent with the numbering in articles 1 and 
152.19 	2 and the renumbering in paragraph (a).

152.20 	Sec. 14.  REPEALER.
 152.21 	(a) Minnesota Statutes 2010, sections 256.022; 259.67; 259.71; 260C.201, 
152.22 	subdivision 11; 260C.215, subdivision 2; and 260C.456, are repealed.
152.23 	(b) Minnesota Rules, parts 9560.0071; 9560.0082; 9560.0083; 9560.0091; 
152.24 	9560.0093, subparts 1, 3, and 4; 9560.0101; and 9560.0102, are repealed.

152.25 	Sec. 15. EFFECTIVE DATE.
 152.26 	This article is effective August 1, 2012.

152.27 	ARTICLE 6
152.28 	CHILD CARE

152.29 	Section 1. Minnesota Statutes 2010, section 119B.09, subdivision 7, is amended to read:
152.30 		Subd. 7.Date of eligibility for assistance. (a) The date of eligibility for child care 
152.31 	assistance under this chapter is the later of the date the application was signed received by 
152.32 	the county; the beginning date of employment, education, or training; the date the infant is 
152.33 	born for applicants to the at-home infant care program; or the date a determination has 
152.34 	been made that the applicant is a participant in employment and training services under 
152.35 	Minnesota Rules, part 3400.0080, or chapter 256J.
153.1 	(b) Payment ceases for a family under the at-home infant child care program when a 
153.2 	family has used a total of 12 months of assistance as specified under section 119B.035. 
153.3 	Payment of child care assistance for employed persons on MFIP is effective the date of 
153.4 	employment or the date of MFIP eligibility, whichever is later. Payment of child care 
153.5 	assistance for MFIP or DWP participants in employment and training services is effective 
153.6 	the date of commencement of the services or the date of MFIP or DWP eligibility, 
153.7 	whichever is later. Payment of child care assistance for transition year child care must be 
153.8 	made retroactive to the date of eligibility for transition year child care.
153.9 	(c) Notwithstanding paragraph (b), payment of child care assistance for participants 
153.10 	eligible under section 119B.05 may only be made retroactive for a maximum of six 
153.11 	months from the date of application for child care assistance.

153.12 	Sec. 2. Minnesota Statutes 2010, section 119B.12, subdivision 1, is amended to read:
153.13 		Subdivision 1.Fee schedule. All changes to parent fees must be implemented on 
153.14 	the first Monday of the service period following the effective date of the change.
153.15 	PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted 
153.16 	in subdivision 2:

153.17
153.18
153.19	Income Range (as a percent of the state 
median income, except at the start of the 
first tier)
	Co-payment (as a percentage of adjusted 
gross income)
	
153.20	0-74.99% of federal poverty guidelines
	$0/month biweekly
	
153.21	75.00-99.99% of federal poverty guidelines
	$5/month $2/biweekly
	
153.22
153.23	100.00% of federal poverty 
guidelines-27.72%
	2.61%
	
153.24	27.73-29.04%
	2.61%
	
153.25	29.05-30.36%
	2.61%
	
153.26	30.37-31.68%
	2.61%
	
153.27	31.69-33.00%
	2.91%
	
153.28	33.01-34.32%
	2.91%
	
153.29	34.33-35.65%
	2.91%
	
153.30	35.66-36.96%
	2.91%
	
153.31	36.97-38.29%
	3.21%
	
153.32	38.30-39.61%
	3.21%
	
153.33	39.62-40.93%
	3.21%
	
153.34	40.94-42.25%
	3.84%
	
153.35	42.26-43.57%
	3.84%
	
153.36	43.58-44.89%
	4.46%
	
153.37	44.90-46.21%
	4.76%
	
153.38	46.22-47.53%
	5.05%
	
153.39	47.54-48.85%
	5.65%
	
153.40	48.86-50.17%
	5.95%
	
154.1	50.18-51.49%
	6.24%
	
154.2	51.50-52.81%
	6.84%
	
154.3	52.82-54.13%
	7.58%
	
154.4	54.14-55.45%
	8.33%
	
154.5	55.46-56.77%
	9.20%
	
154.6	56.78-58.09%
	10.07%
	
154.7	58.10-59.41%
	10.94%
	
154.8	59.42-60.73%
	11.55%
	
154.9	60.74-62.06%
	12.16%
	
154.10	62.07-63.38%
	12.77%
	
154.11	63.39-64.70%
	13.38%
	
154.12	64.71-66.99 67.00%
	14.00%
	
154.13	Greater than 67.00%
	ineligible
	
154.14 	A family's monthly biweekly co-payment fee is the fixed percentage established for 
154.15 	the income range multiplied by the highest possible income within that income range.

154.16 	Sec. 3. Minnesota Statutes 2010, section 119B.12, subdivision 2, is amended to read:
154.17 		Subd. 2.Parent fee. A family must be assessed a parent fee for each service period. 
154.18 	A family's parent fee must be a fixed percentage of its annual gross income. Parent fees 
154.19 	must apply to families eligible for child care assistance under sections 119B.03 and 
154.20 	119B.05. Income must be as defined in section 119B.011, subdivision 15. The fixed 
154.21 	percent is based on the relationship of the family's annual gross income to 100 percent 
154.22 	of the annual state median income. Parent fees must begin at 75 percent of the poverty 
154.23 	level. The minimum parent fees for families between 75 percent and 100 percent of 
154.24 	poverty level must be $5 per month $2 per biweekly period. Parent fees must provide 
154.25 	for graduated movement to full payment. Payment of part or all of a family's parent 
154.26 	fee directly to the family's child care provider on behalf of the family by a source other 
154.27 	than the family shall not affect the family's eligibility for child care assistance, and the 
154.28 	amount paid shall be excluded from the family's income. Child care providers who accept 
154.29 	third-party payments must maintain family specific documentation of payment source, 
154.30 	amount, and time period covered by the payment.

154.31 	Sec. 4. Minnesota Statutes 2010, section 119B.125, subdivision 1a, is amended to read:
154.32 		Subd. 1a.Background study required. This subdivision only applies to legal, 
154.33 	nonlicensed family child care providers. Prior to authorization, and as part of each 
154.34 	reauthorization required in subdivision 1, the county shall perform a background study on 
154.35 	every member of the provider's household who is age 13 and older. The background study 
154.36 	shall be conducted according to the procedures under subdivision 2. The county shall also 
155.1 	perform a background study on an individual who has reached age ten but is not yet age 
155.2 	13 and is living in the household where the nonlicensed child care will be provided when 
155.3 	the county has reasonable cause as defined under section 245C.02, subdivision 15.

155.4 	Sec. 5. Minnesota Statutes 2010, section 119B.125, subdivision 2, is amended to read:
155.5 		Subd. 2.Persons who cannot be authorized. (a) When any member of the 
155.6 	legal, nonlicensed family child care provider's household meets any of the conditions 
155.7 	under paragraphs (b) to (n), the provider must not be authorized as a legal nonlicensed 
155.8 	family child care provider. To determine whether any of the listed conditions exist, the 
155.9 	county must request information about the provider and other household members for 
155.10 	whom a background study is required under subdivision 1a from the Bureau of Criminal 
155.11 	Apprehension, the juvenile courts, and social service agencies. When one of the listed 
155.12 	entities does not maintain information on a statewide basis, the county must contact 
155.13 	the entity in the county where the provider resides and any other county in which the 
155.14 	provider or any household member previously resided in the past year. For purposes of 
155.15 	this subdivision, a finding that a delinquency petition is proven in juvenile court must be 
155.16 	considered a conviction in state district court. The provider seeking authorization under 
155.17 	this section shall collect the information required under section 245C.05, subdivision 1, 
155.18 	and forward the information to the county agency. The background study must include 
155.19 	a review of the information required under section 245C.08, subdivisions 2, 3, and 4, 
155.20 	paragraph (b). A nonlicensed family child care provider is not authorized under this 
155.21 	section if any household member who is the subject of a background study is determined 
155.22 	to have a disqualifying characteristic under paragraphs (b) to (e) or under section 245C.14 
155.23 	or 245C.15. If a county has determined that a provider is able to be authorized in that 
155.24 	county, and a family in another county later selects that provider, the provider is able to 
155.25 	be authorized in the second county without undergoing a new background investigation 
155.26 	unless one of the following conditions exists:
155.27 	(1) two years have passed since the first authorization;
155.28 	(2) another person age 13 or older has joined the provider's household since the 
155.29 	last authorization;
155.30 	(3) a current household member has turned 13 since the last authorization; or
155.31 	(4) there is reason to believe that a household member has a factor that prevents 
155.32 	authorization.
155.33 	(b) The person has been convicted of one of the following offenses or has admitted to 
155.34 	committing or a preponderance of the evidence indicates that the person has committed an 
155.35 	act that meets the definition of one of the following offenses: sections 609.185 to 609.195, 
156.1 	murder in the first, second, or third degree; 609.2661 to 609.2663, murder of an unborn 
156.2 	child in the first, second, or third degree; 609.322, solicitation, inducement, promotion 
156.3 	of prostitution, or receiving profit from prostitution; 609.342 to 609.345, criminal sexual 
156.4 	conduct in the first, second, third, or fourth degree; 609.352, solicitation of children to 
156.5 	engage in sexual conduct; 609.365, incest; 609.377, felony malicious punishment of a 
156.6 	child; 617.246, use of minors in sexual performance; 617.247, possession of pictorial 
156.7 	representation of a minor; 609.2242 to 609.2243, felony domestic assault; a felony offense 
156.8 	of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime 
156.9 	against children; or an attempt or conspiracy to commit any of these offenses as defined in 
156.10 	Minnesota Statutes; or an offense in any other state or country where the elements are 
156.11 	substantially similar to any of the offenses listed in this paragraph.
156.12 	(c) Less than 15 years have passed since the discharge of the sentence imposed for 
156.13 	the offense and the person has received a felony conviction for one of the following 
156.14 	offenses, or the person has admitted to committing or a preponderance of the evidence 
156.15 	indicates that the person has committed an act that meets the definition of a felony 
156.16 	conviction for one of the following offenses: sections 609.20 to 609.205, manslaughter 
156.17 	in the first or second degree; 609.21, criminal vehicular homicide; 609.215, aiding 
156.18 	suicide or aiding attempted suicide; 609.221 to 609.2231, assault in the first, second, 
156.19 	third, or fourth degree; 609.224, repeat offenses of fifth-degree assault; 609.228, great 
156.20 	bodily harm caused by distribution of drugs; 609.2325, criminal abuse of a vulnerable 
156.21 	adult; 609.2335, financial exploitation of a vulnerable adult; 609.235, use of drugs to 
156.22 	injure or facilitate a crime; 609.24, simple robbery; 617.241, repeat offenses of obscene 
156.23 	materials and performances; 609.245, aggravated robbery; 609.25, kidnapping; 609.255, 
156.24 	false imprisonment; 609.2664 to 609.2665, manslaughter of an unborn child in the first or 
156.25 	second degree; 609.267 to 609.2672, assault of an unborn child in the first, second, or third 
156.26 	degree; 609.268, injury or death of an unborn child in the commission of a crime; 609.27, 
156.27 	coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other prohibited acts, minor 
156.28 	engaged in prostitution; 609.3451, repeat offenses of criminal sexual conduct in the fifth 
156.29 	degree; 609.378, neglect or endangerment of a child; 609.52, theft; 609.521, possession of 
156.30 	shoplifting gear; 609.561 to 609.563, arson in the first, second, or third degree; 609.582, 
156.31 	burglary in the first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63, 
156.32 	forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining signature 
156.33 	by false pretenses; 609.66, dangerous weapon; 609.665, setting a spring gun; 609.67, 
156.34 	unlawfully owning, possessing, or operating a machine gun; 609.687, adulteration; 609.71, 
156.35 	riot; 609.713, terrorist threats; 609.749, stalking; 260C.301, termination of parental rights; 
156.36 	152.021 to 152.022 and 152.0262, controlled substance crime in the first or second degree; 
157.1 	152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2, clause (4), controlled 
157.2 	substance crime in third degree; 152.024, subdivision 1, clause (2), (3), or (4), controlled 
157.3 	substance crime in fourth degree; 617.23, repeat offenses of indecent exposure; an attempt 
157.4 	or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or an 
157.5 	offense in any other state or country where the elements are substantially similar to any of 
157.6 	the offenses listed in this paragraph.
157.7 	(d) Less than ten years have passed since the discharge of the sentence imposed for 
157.8 	the offense and the person has received a gross misdemeanor conviction for one of the 
157.9 	following offenses or the person has admitted to committing or a preponderance of the 
157.10 	evidence indicates that the person has committed an act that meets the definition of a gross 
157.11 	misdemeanor conviction for one of the following offenses: sections 609.224, fifth-degree 
157.12 	assault; 609.2242 to 609.2243, domestic assault; 518B.01, subdivision 14, violation of 
157.13 	an order for protection; 609.3451, fifth-degree criminal sexual conduct; 609.746, repeat 
157.14 	offenses of interference with privacy; 617.23, repeat offenses of indecent exposure; 
157.15 	617.241, obscene materials and performances; 617.243, indecent literature, distribution; 
157.16 	617.293, disseminating or displaying harmful material to minors; 609.71, riot; 609.66, 
157.17 	dangerous weapons; 609.749, stalking; 609.224, subdivision 2, paragraph (c), fifth-degree 
157.18 	assault against a vulnerable adult by a caregiver; 609.23, mistreatment of persons 
157.19 	confined; 609.231, mistreatment of residents or patients; 609.2325, criminal abuse of a 
157.20 	vulnerable adult; 609.2335, financial exploitation of a vulnerable adult; 609.233, criminal 
157.21 	neglect of a vulnerable adult; 609.234, failure to report maltreatment of a vulnerable adult; 
157.22 	609.72, subdivision 3, disorderly conduct against a vulnerable adult; 609.265, abduction; 
157.23 	609.378, neglect or endangerment of a child; 609.377, malicious punishment of a child; 
157.24 	609.324, subdivision 1a, other prohibited acts, minor engaged in prostitution; 609.33, 
157.25 	disorderly house; 609.52, theft; 609.582, burglary in the first, second, third, or fourth 
157.26 	degree; 609.631, check forgery, offering a forged check; 609.275, attempt to coerce; an 
157.27 	attempt or conspiracy to commit any of these offenses as defined in Minnesota Statutes; or 
157.28 	an offense in any other state or country where the elements are substantially similar to 
157.29 	any of the offenses listed in this paragraph.
157.30 	(e) Less than seven years have passed since the discharge of the sentence imposed 
157.31 	for the offense and the person has received a misdemeanor conviction for one of the 
157.32 	following offenses or the person has admitted to committing or a preponderance of the 
157.33 	evidence indicates that the person has committed an act that meets the definition of a 
157.34 	misdemeanor conviction for one of the following offenses: sections 609.224, fifth-degree 
157.35 	assault; 609.2242, domestic assault; 518B.01, violation of an order for protection; 
157.36 	609.3232, violation of an order for protection; 609.746, interference with privacy; 609.79, 
158.1 	obscene or harassing telephone calls; 609.795, letter, telegram, or package opening, 
158.2 	harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child, third degree; 
158.3 	617.293, dissemination and display of harmful materials to minors; 609.66, dangerous 
158.4 	weapons; 609.665, spring guns; an attempt or conspiracy to commit any of these offenses 
158.5 	as defined in Minnesota Statutes; or an offense in any other state or country where the 
158.6 	elements are substantially similar to any of the offenses listed in this paragraph.
158.7 	(f) The person has been identified by the child protection agency in the county where 
158.8 	the provider resides or a county where the provider has resided or by the statewide child 
158.9 	protection database as a person found by a preponderance of evidence under section 
158.10 	626.556 to be responsible for physical or sexual abuse of a child within the last seven years.
158.11 	(g) The person has been identified by the adult protection agency in the county 
158.12 	where the provider resides or a county where the provider has resided or by the statewide 
158.13 	adult protection database as the person responsible for abuse or neglect of a vulnerable 
158.14 	adult within the last seven years.
158.15 	(h) (b) The person has refused to give written consent for disclosure of criminal 
158.16 	history records.
158.17 	(i) (c) The person has been denied a family child care license or has received a fine 
158.18 	or a sanction as a licensed child care provider that has not been reversed on appeal.
158.19 	(j) (d) The person has a family child care licensing disqualification that has not 
158.20 	been set aside.
158.21 	(k) (e) The person has admitted or a county has found that there is a preponderance 
158.22 	of evidence that fraudulent information was given to the county for child care assistance 
158.23 	application purposes or was used in submitting child care assistance bills for payment.
158.24 	(l) The person has been convicted of the crime of theft by wrongfully obtaining 
158.25 	public assistance or has been found guilty of wrongfully obtaining public assistance by a 
158.26 	federal court, state court, or an administrative hearing determination or waiver, through a 
158.27 	disqualification consent agreement, as part of an approved diversion plan under section 
158.28 	401.065, or a court-ordered stay with probationary or other conditions.
158.29 	(m) The person has a household member age 13 or older who has access to children 
158.30 	during the hours that care is provided and who meets one of the conditions listed in 
158.31 	paragraphs (b) to (l).
158.32 	(n) The person has a household member ages ten to 12 who has access to children 
158.33 	during the hours that care is provided; information or circumstances exist which provide 
158.34 	the county with articulable suspicion that further pertinent information may exist showing 
158.35 	the household member meets one of the conditions listed in paragraphs (b) to (l); and the 
158.36 	household member actually meets one of the conditions listed in paragraphs (b) to (l).

159.1 	Sec. 6. Minnesota Statutes 2010, section 119B.125, subdivision 6, is amended to read:
159.2 		Subd. 6.Record-keeping requirement. All providers receiving child care 
159.3 	assistance payments must keep daily attendance records for children receiving child care 
159.4 	assistance and must make those records available immediately to the county upon request. 
159.5 	The attendance records must be completed daily and include the date, the first and last 
159.6 	name of each child in attendance, and the times when each child is dropped off and picked 
159.7 	up. To the extent possible, the times that the child was dropped off to and picked up from 
159.8 	the child care provider must be entered by the person dropping off or picking up the child. 
159.9 	The daily attendance records must be retained for six years after the date of service. 
159.10 	A county may deny authorization as a child care provider to any applicant or rescind 
159.11 	authorization of any provider when the county knows or has reason to believe that the 
159.12 	provider has not complied with the record-keeping requirement in this subdivision.

159.13 	Sec. 7. Minnesota Statutes 2011 Supplement, section 119B.13, subdivision 1, is 
159.14 	amended to read:
159.15 		Subdivision 1.Subsidy restrictions. (a) Beginning October 31, 2011, the maximum 
159.16 	rate paid for child care assistance in any county or multicounty region under the child care 
159.17 	fund shall be the rate for like-care arrangements in the county effective July 1, 2006, 
159.18 	decreased by 2.5 percent.
159.19 	(b) Every year Biennially beginning in 2012, the commissioner shall survey rates 
159.20 	charged by child care providers in Minnesota to determine the 75th percentile for 
159.21 	like-care arrangements in counties. When the commissioner determines that, using the 
159.22 	commissioner's established protocol, the number of providers responding to the survey is 
159.23 	too small to determine the 75th percentile rate for like-care arrangements in a county or 
159.24 	multicounty region, the commissioner may establish the 75th percentile maximum rate 
159.25 	based on like-care arrangements in a county, region, or category that the commissioner 
159.26 	deems to be similar.
159.27 	(c) A rate which includes a special needs rate paid under subdivision 3 or under a 
159.28 	school readiness service agreement paid under section 119B.231, may be in excess of the 
159.29 	maximum rate allowed under this subdivision.
159.30 	(d) The department shall monitor the effect of this paragraph on provider rates. The 
159.31 	county shall pay the provider's full charges for every child in care up to the maximum 
159.32 	established. The commissioner shall determine the maximum rate for each type of care 
159.33 	on an hourly, full-day, and weekly basis, including special needs and disability care. The 
159.34 	maximum payment to a provider for one day of care must not exceed the daily rate. The 
159.35 	maximum payment to a provider for one week of care must not exceed the weekly rate.
160.1 	(e) Child care providers receiving reimbursement under this chapter must not be 
160.2 	paid activity fees or an additional amount above the maximum rates for care provided 
160.3 	during nonstandard hours for families receiving assistance.
160.4 	(f) When the provider charge is greater than the maximum provider rate allowed, 
160.5 	the parent is responsible for payment of the difference in the rates in addition to any 
160.6 	family co-payment fee.
160.7 	(g) All maximum provider rates changes shall be implemented on the Monday 
160.8 	following the effective date of the maximum provider rate.

160.9 	Sec. 8. Minnesota Statutes 2010, section 119B.13, subdivision 6, is amended to read:
160.10 		Subd. 6.Provider payments. (a) The provider shall bill for services provided 
160.11 	within ten days of the end of the service period. If bills are submitted within ten days of 
160.12 	the end of the service period, payments under the child care fund shall be made within 30 
160.13 	days of receiving a bill from the provider. Counties or the state may establish policies that 
160.14 	make payments on a more frequent basis.
160.15 	(b) If a provider has received an authorization of care and been issued a billing form 
160.16 	for an eligible family, the bill must be submitted within 60 days of the last date of service 
160.17 	on the bill. A bill submitted more than 60 days after the last date of service must be 
160.18 	paid if the county determines that the provider has shown good cause why the bill was 
160.19 	not submitted within 60 days. Good cause must be defined in the county's child care 
160.20 	fund plan under section 119B.08, subdivision 3, and the definition of good cause must 
160.21 	include county error. Any bill submitted more than a year after the last date of service on 
160.22 	the bill must not be paid.
160.23 	(c) If a provider provided care for a time period without receiving an authorization 
160.24 	of care and a billing form for an eligible family, payment of child care assistance may only 
160.25 	be made retroactively for a maximum of six months from the date the provider is issued 
160.26 	an authorization of care and billing form.
160.27 	(d) A county may refuse to issue a child care authorization to a licensed or legal 
160.28 	nonlicensed provider, revoke an existing child care authorization to a licensed or legal 
160.29 	nonlicensed provider, stop payment issued to a licensed or legal nonlicensed provider, or 
160.30 	may refuse to pay a bill submitted by a licensed or legal nonlicensed provider if:
160.31 	(1) the provider admits to intentionally giving the county materially false information 
160.32 	on the provider's billing forms; or
160.33 	(2) a county finds by a preponderance of the evidence that the provider intentionally 
160.34 	gave the county materially false information on the provider's billing forms.;
161.1 	(3) the provider is in violation of licensing or child care assistance program rules and 
161.2 	the provider has not corrected the violation;
161.3 	(4) the provider submits false attendance reports or refuses to provide documentation 
161.4 	of the child's attendance upon request; or
161.5 	(5) the provider gives false child care price information.
161.6 	(e) A county's payment policies must be included in the county's child care plan 
161.7 	under section 119B.08, subdivision 3. If payments are made by the state, in addition to 
161.8 	being in compliance with this subdivision, the payments must be made in compliance 
161.9 	with section 16A.124.

161.10 	Sec. 9. CHILD CARE ASSISTANCE PROGRAM RULE CHANGE.
 161.11 	The commissioner shall amend Minnesota Rules, part 3400.0035, subpart 2, to 
161.12 	remove the requirement that applications must be submitted by mail or delivered to the 
161.13 	agency within 15 calendar days after the date of signature. The commissioner shall 
161.14 	comply with Minnesota Statutes, section 14.389, in adopting the amendment.

161.15 	ARTICLE 7
161.16 	SIMPLIFICATION OF MFIP AND DWP

161.17 	Section 1. Minnesota Statutes 2010, section 256J.08, subdivision 11, is amended to 
161.18 	read:
161.19 		Subd. 11.Caregiver. "Caregiver" means a minor child's natural birth or adoptive 
161.20 	parent or parents and stepparent who live in the home with the minor child. For purposes 
161.21 	of determining eligibility for this program, caregiver also means any of the following 
161.22 	individuals, if adults, who live with and provide care and support to a minor child when 
161.23 	the minor child's natural birth or adoptive parent or parents or stepparents do not reside 
161.24 	in the same home: legal custodian or guardian, grandfather, grandmother, brother, sister, 
161.25 	half brother, half sister, stepbrother, stepsister, uncle, aunt, first cousin or first cousin once 
161.26 	removed, nephew, niece, person of preceding generation as denoted by prefixes of "great," 
161.27 	"great-great," or "great-great-great," or a spouse of any person named in the above groups 
161.28 	even after the marriage ends by death or divorce.

161.29 	Sec. 2. Minnesota Statutes 2010, section 256J.24, subdivision 2, is amended to read:
161.30 		Subd. 2.Mandatory assistance unit composition. Except for minor caregivers 
161.31 	and their children who must be in a separate assistance unit from the other persons in 
161.32 	the household, when the following individuals live together, they must be included in 
161.33 	the assistance unit:
162.1 	(1) a minor child, including a pregnant minor;
162.2 	(2) the minor child's minor siblings, minor half siblings, and minor stepsiblings;
162.3 	(3) the minor child's natural birth parents, adoptive parents, and stepparents; and
162.4 	(4) the spouse of a pregnant woman.
162.5 	A minor child must have a caregiver for the child to be included in the assistance unit.

162.6 	Sec. 3. Minnesota Statutes 2010, section 256J.32, subdivision 6, is amended to read:
162.7 		Subd. 6.Recertification. (a) The county agency shall recertify eligibility in an 
162.8 	annual face-to-face interview with the participant and. The county agency may waive the 
162.9 	face-to-face interview and conduct a phone interview for participants who qualify under 
162.10 	paragraph (b). During the interview the county agency shall verify the following:
162.11 	(1) presence of the minor child in the home, if questionable;
162.12 	(2) income, unless excluded, including self-employment expenses used as a 
162.13 	deduction or deposits or withdrawals from business accounts;
162.14 	(3) assets when the value is within $200 of the asset limit;
162.15 	(4) information to establish an exception under section 256J.24, subdivision 9, if 
162.16 	questionable;
162.17 	(5) inconsistent information, if related to eligibility; and
162.18 	(6) whether a single caregiver household meets requirements in section 256J.575, 
162.19 	subdivision 3.
162.20 	(b) A participant who is employed any number of hours must be given the option of 
162.21 	conducting a face-to-face or phone interview to recertify eligibility. The participant must 
162.22 	be employed at the time the interview is scheduled. If the participant loses the participant's 
162.23 	job between the time the interview is scheduled and when it is to be conducted, the phone 
162.24 	interview may still be conducted.

162.25 	EFFECTIVE DATE. This section is effective October 1, 2012.

162.26 	Sec. 4. Minnesota Statutes 2010, section 256J.621, is amended to read:
162.27 	256J.621 WORK PARTICIPATION CASH BENEFITS.
162.28 	(a) Effective October 1, 2009, upon exiting the diversionary work program (DWP) 
162.29 	or upon terminating the Minnesota family investment program with earnings, a participant 
162.30 	who is employed may be eligible for work participation cash benefits of $25 per month 
162.31 	to assist in meeting the family's basic needs as the participant continues to move toward 
162.32 	self-sufficiency.
163.1 	(b) To be eligible for work participation cash benefits, the participant shall not 
163.2 	receive MFIP or diversionary work program assistance during the month and the 
163.3 	participant or participants must meet the following work requirements:
163.4 	(1) if the participant is a single caregiver and has a child under six years of age, the 
163.5 	participant must be employed at least 87 hours per month;
163.6 	(2) if the participant is a single caregiver and does not have a child under six years of 
163.7 	age, the participant must be employed at least 130 hours per month; or
163.8 	(3) if the household is a two-parent family, at least one of the parents must be 
163.9 	employed an average of at least 130 hours per month.
163.10 	Whenever a participant exits the diversionary work program or is terminated from 
163.11 	MFIP and meets the other criteria in this section, work participation cash benefits are 
163.12 	available for up to 24 consecutive months.
163.13 	(c) Expenditures on the program are maintenance of effort state funds under 
163.14 	a separate state program for participants under paragraph (b), clauses (1) and (2). 
163.15 	Expenditures for participants under paragraph (b), clause (3), are nonmaintenance of effort 
163.16 	funds. Months in which a participant receives work participation cash benefits under this 
163.17 	section do not count toward the participant's MFIP 60-month time limit.

163.18 	Sec. 5. Minnesota Statutes 2010, section 256J.68, subdivision 7, is amended to read:
163.19 		Subd. 7.Exclusive procedure. The procedure established by this section is 
163.20 	exclusive of all other legal, equitable, and statutory remedies against the state, its political 
163.21 	subdivisions, or employees of the state or its political subdivisions. The claimant shall 
163.22 	not be entitled to seek damages from any state, county, tribal, or reservation insurance 
163.23 	policy or self-insurance program. A provider who accepts or agrees to accept an injury 
163.24 	protection program payment for services provided to an individual must not require any 
163.25 	payment from the individual.

163.26 	Sec. 6. Minnesota Statutes 2010, section 256J.95, subdivision 3, is amended to read:
163.27 		Subd. 3.Eligibility for diversionary work program. (a) Except for the categories 
163.28 	of family units listed below in clauses (1) to (8), all family units who apply for cash 
163.29 	benefits and who meet MFIP eligibility as required in sections 256J.11 to 256J.15 are 
163.30 	eligible and must participate in the diversionary work program. Family units or individuals 
163.31 	that are not eligible for the diversionary work program include:
163.32 	(1) child only cases;
163.33 	(2) a single-parent family unit units that includes include a child under 12 months of 
163.34 	age. A parent is eligible for this exception once in a parent's lifetime;
164.1 	(3) family units with a minor parent without a high school diploma or its equivalent;
164.2 	(4) family units with an 18- or 19-year-old caregiver without a high school diploma 
164.3 	or its equivalent who chooses to have an employment plan with an education option;
164.4 	(5) a caregiver age 60 or over;
164.5 	(6) (5) family units with a caregiver who received DWP benefits in within the 12 
164.6 	months prior to the month the family applied for DWP, except as provided in paragraph (c);
164.7 	(7) (6) family units with a caregiver who received MFIP within the 12 months prior 
164.8 	to the month the family unit applied for DWP;
164.9 	(8) a (7) family unit units with a caregiver who received 60 or more months of 
164.10 	TANF assistance; and
164.11 	(9) (8) family units with a caregiver who is disqualified from the work participation 
164.12 	cash benefit program, DWP, or MFIP due to fraud; and.
164.13 	(10) refugees and asylees as defined in Code of Federal Regulations, title 45, part 
164.14 	400, subpart d, section 400.43, who arrived in the United States in the 12 months prior to 
164.15 	the date of application for family cash assistance.
164.16 	(b) A two-parent family must participate in DWP unless both caregivers meet the 
164.17 	criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit 
164.18 	includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), (9), or (10).
164.19 	(c) Once DWP eligibility is determined, the four months run consecutively. If a 
164.20 	participant leaves the program for any reason and reapplies during the four-month period, 
164.21 	the county must redetermine eligibility for DWP.