1.1 	A bill for an act
1.2 	relating to children; modifying requirements for the responsible social services 
1.3 	agency placing children in qualified residential treatment programs;amending 
1.4 	Minnesota Statutes 2020, sections 245.4885, subdivision 1; 245A.02, by adding 
1.5 	subdivisions; 245A.041, by adding a subdivision; 256.01, subdivision 14b; 
1.6 	256.0112, subdivision 6; 260C.007, subdivisions 26c, 31; 260C.157, subdivision 
1.7 	3; 260C.212, subdivisions 1a, 13; 260C.452; 260C.704; 260C.706; 260C.708; 
1.8 	260C.71; 260C.712; 260C.714; 260D.01; 260D.05; 260D.06, subdivision 2; 
1.9 	260D.07; 260D.08; 260D.14; 260E.36, by adding a subdivision; proposing coding 
1.10 	for new law in Minnesota Statutes, chapter 245A.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	ARTICLE 1
1.13 	FAMILY FIRST PREVENTION ACT UPDATES

1.14 	Section 1. Minnesota Statutes 2020, section 245.4885, subdivision 1, is amended to read:
1.15 		Subdivision 1.Admission criteria. (a) Prior to admission or placement, except in the 
1.16 	case of an emergency, all children referred for treatment of severe emotional disturbance 
1.17 	in a treatment foster care setting, residential treatment facility, or informally admitted to a 
1.18 	regional treatment center shall undergo an assessment to determine the appropriate level of 
1.19 	care if public funds are used to pay for the child's services.
1.20 	(b) The responsible social services agency shall determine the appropriate level of care 
1.21 	for a child when county-controlled funds are used to pay for the child's services or placement 
1.22 	in a qualified residential treatment facility under chapter 260C and licensed by the 
1.23 	commissioner under chapter 245A. In accordance with section 260C.157, a juvenile treatment 
1.24 	screening team shall conduct a screening of a child before the team may recommend whether 
1.25 	to place a child in a qualified residential treatment program as defined in section 260C.007, 
2.1 	subdivision 26d. When a social services agency does not have responsibility for a child's 
2.2 	placement and the child is enrolled in a prepaid health program under section 256B.69, the 
2.3 	enrolled child's contracted health plan must determine the appropriate level of care for the 
2.4 	child. When Indian Health Services funds or funds of a tribally owned facility funded under 
2.5 	the Indian Self-Determination and Education Assistance Act, Public Law 93-638, are to be 
2.6 	used for a child, the Indian Health Services or 638 tribal health facility must determine the 
2.7 	appropriate level of care for the child. When more than one entity bears responsibility for
2.8 	a child's coverage, the entities shall coordinate level of care determination activities for the 
2.9 	child to the extent possible.
2.10 	(c) The responsible social services agency must make the child's level of care 
2.11 	determination available to the child's juvenile treatment screening team, as permitted under 
2.12 	chapter 13. The level of care determination shall inform the juvenile treatment screening 
2.13 	team process and the assessment in section 260C.704 when considering whether to place 
2.14 	the child in a qualified residential treatment program. When the responsible social services 
2.15 	agency is not involved in determining a child's placement, the child's level of care 
2.16 	determination shall determine whether the proposed treatment:
2.17 	(1) is necessary;
2.18 	(2) is appropriate to the child's individual treatment needs;
2.19 	(3) cannot be effectively provided in the child's home; and
2.20 	(4) provides a length of stay as short as possible consistent with the individual child's 
2.21 	need needs.
2.22 	(d) When a level of care determination is conducted, the responsible social services 
2.23 	agency or other entity may not determine that a screening of a child under section 260C.157
2.24 	or referral or admission to a treatment foster care setting or residential treatment facility is 
2.25 	not appropriate solely because services were not first provided to the child in a less restrictive 
2.26 	setting and the child failed to make progress toward or meet treatment goals in the less 
2.27 	restrictive setting. The level of care determination must be based on a diagnostic assessment
2.28 	of a child that includes a functional assessment which evaluates the child's family, school, 
2.29 	and community living situations; and an assessment of the child's need for care out of the 
2.30 	home using a validated tool which assesses a child's functional status and assigns an 
2.31 	appropriate level of care to the child. The validated tool must be approved by the 
2.32 	commissioner of human services and may be the validated tool approved for the child's 
2.33 	assessment under section 260C.704 if the juvenile treatment screening team recommended 
2.34 	placement of the child in a qualified residential treatment program. If a diagnostic assessment 
3.1 	including a functional assessment has been completed by a mental health professional within 
3.2 	the past 180 days, a new diagnostic assessment need not be completed unless in the opinion 
3.3 	of the current treating mental health professional the child's mental health status has changed 
3.4 	markedly since the assessment was completed. The child's parent shall be notified if an 
3.5 	assessment will not be completed and of the reasons. A copy of the notice shall be placed 
3.6 	in the child's file. Recommendations developed as part of the level of care determination 
3.7 	process shall include specific community services needed by the child and, if appropriate, 
3.8 	the child's family, and shall indicate whether or not these services are available and accessible 
3.9 	to the child and the child's family.
3.10 	(e) During the level of care determination process, the child, child's family, or child's 
3.11 	legal representative, as appropriate, must be informed of the child's eligibility for case 
3.12 	management services and family community support services and that an individual family 
3.13 	community support plan is being developed by the case manager, if assigned.
3.14 	(f) When the responsible social services agency has authority, the agency must engage 
3.15 	the child's parents in case planning under sections 260C.212 and 260C.708 unless a court 
3.16 	terminates the parent's rights or court orders restrict the parent from participating in case 
3.17 	planning, visitation, or parental responsibilities.
3.18 	(g) The level of care determination, and placement decision, and recommendations for 
3.19 	mental health services must be documented in the child's record, as required in chapter 
3.20 	260C.

3.21 	EFFECTIVE DATE. This section is effective September 30, 2021.

3.22 	Sec. 2. Minnesota Statutes 2020, section 256.01, subdivision 14b, is amended to read:
3.23 		Subd. 14b.American Indian child welfare projects. (a) The commissioner of human 
3.24 	services may authorize projects to initiate tribal delivery of child welfare services to American 
3.25 	Indian children and their parents and custodians living on the reservation. The commissioner 
3.26 	has authority to solicit and determine which tribes may participate in a project. Grants may 
3.27 	be issued to Minnesota Indian tribes to support the projects. The commissioner may waive 
3.28 	existing state rules as needed to accomplish the projects. The commissioner may authorize 
3.29 	projects to use alternative methods of (1) screening, investigating, and assessing reports of 
3.30 	child maltreatment, and (2) administrative reconsideration, administrative appeal, and 
3.31 	judicial appeal of maltreatment determinations, provided the alternative methods used by 
3.32 	the projects comply with the provisions of section 256.045 and chapter 260E that deal with 
3.33 	the rights of individuals who are the subjects of reports or investigations, including notice 
3.34 	and appeal rights and data practices requirements. The commissioner shall only authorize 
4.1 	alternative methods that comply with the public policy under section 260E.01. The 
4.2 	commissioner may seek any federal approval necessary to carry out the projects as well as 
4.3 	seek and use any funds available to the commissioner, including use of federal funds, 
4.4 	foundation funds, existing grant funds, and other funds. The commissioner is authorized to 
4.5 	advance state funds as necessary to operate the projects. Federal reimbursement applicable 
4.6 	to the projects is appropriated to the commissioner for the purposes of the projects. The 
4.7 	projects must be required to address responsibility for safety, permanency, and well-being 
4.8 	of children.
4.9 	(b) For the purposes of this section, "American Indian child" means a person under 21 
4.10 	years old and who is a tribal member or eligible for membership in one of the tribes chosen 
4.11 	for a project under this subdivision and who is residing on the reservation of that tribe.
4.12 	(c) In order to qualify for an American Indian child welfare project, a tribe must:
4.13 	(1) be one of the existing tribes with reservation land in Minnesota;
4.14 	(2) have a tribal court with jurisdiction over child custody proceedings;
4.15 	(3) have a substantial number of children for whom determinations of maltreatment have 
4.16 	occurred;
4.17 	(4)(i) have capacity to respond to reports of abuse and neglect under chapter 260E; or 
4.18 	(ii) have codified the tribe's screening, investigation, and assessment of reports of child 
4.19 	maltreatment procedures, if authorized to use an alternative method by the commissioner 
4.20 	under paragraph (a);
4.21 	(5) provide a wide range of services to families in need of child welfare services; and
4.22 	(6) have a tribal-state title IV-E agreement in effect; and
4.23 	(7) enter into host tribal contracts pursuant to section 256.0112, subdivision 6.
4.24 	(d) Grants awarded under this section may be used for the nonfederal costs of providing 
4.25 	child welfare services to American Indian children on the tribe's reservation, including costs 
4.26 	associated with:
4.27 	(1) assessment and prevention of child abuse and neglect;
4.28 	(2) family preservation;
4.29 	(3) facilitative, supportive, and reunification services;
4.30 	(4) out-of-home placement for children removed from the home for child protective 
4.31 	purposes; and
5.1 	(5) other activities and services approved by the commissioner that further the goals of 
5.2 	providing safety, permanency, and well-being of American Indian children.
5.3 	(e) When a tribe has initiated a project and has been approved by the commissioner to 
5.4 	assume child welfare responsibilities for American Indian children of that tribe under this 
5.5 	section, the affected county social service agency is relieved of responsibility for responding 
5.6 	to reports of abuse and neglect under chapter 260E for those children during the time within 
5.7 	which the tribal project is in effect and funded. The commissioner shall work with tribes 
5.8 	and affected counties to develop procedures for data collection, evaluation, and clarification 
5.9 	of ongoing role and financial responsibilities of the county and tribe for child welfare services 
5.10 	prior to initiation of the project. Children who have not been identified by the tribe as 
5.11 	participating in the project shall remain the responsibility of the county. Nothing in this 
5.12 	section shall alter responsibilities of the county for law enforcement or court services.
5.13 	(f) Participating tribes may conduct children's mental health screenings under section 
5.14 	245.4874, subdivision 1, paragraph (a), clause (12), for children who are eligible for the 
5.15 	initiative and living on the reservation and who meet one of the following criteria:
5.16 	(1) the child must be receiving child protective services;
5.17 	(2) the child must be in foster care; or
5.18 	(3) the child's parents must have had parental rights suspended or terminated.
5.19 	Tribes may access reimbursement from available state funds for conducting the screenings. 
5.20 	Nothing in this section shall alter responsibilities of the county for providing services under 
5.21 	section 245.487.
5.22 	(g) Participating tribes may establish a local child mortality review panel. In establishing 
5.23 	a local child mortality review panel, the tribe agrees to conduct local child mortality reviews 
5.24 	for child deaths or near-fatalities occurring on the reservation under subdivision 12. Tribes 
5.25 	with established child mortality review panels shall have access to nonpublic data and shall 
5.26 	protect nonpublic data under subdivision 12, paragraphs (c) to (e). The tribe shall provide 
5.27 	written notice to the commissioner and affected counties when a local child mortality review 
5.28 	panel has been established and shall provide data upon request of the commissioner for 
5.29 	purposes of sharing nonpublic data with members of the state child mortality review panel 
5.30 	in connection to an individual case.
5.31 	(h) The commissioner shall collect information on outcomes relating to child safety, 
5.32 	permanency, and well-being of American Indian children who are served in the projects. 
6.1 	Participating tribes must provide information to the state in a format and completeness 
6.2 	deemed acceptable by the state to meet state and federal reporting requirements.
6.3 	(i) In consultation with the White Earth Band, the commissioner shall develop and submit 
6.4 	to the chairs and ranking minority members of the legislative committees with jurisdiction 
6.5 	over health and human services a plan to transfer legal responsibility for providing child 
6.6 	protective services to White Earth Band member children residing in Hennepin County to 
6.7 	the White Earth Band. The plan shall include a financing proposal, definitions of key terms, 
6.8 	statutory amendments required, and other provisions required to implement the plan. The 
6.9 	commissioner shall submit the plan by January 15, 2012.

6.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.11 	Sec. 3. Minnesota Statutes 2020, section 256.0112, subdivision 6, is amended to read:
6.12 		Subd. 6.Contracting within and across county lines; lead county contracts; lead 
6.13 	tribal contracts. Paragraphs (a) to (e) govern contracting within and across county lines 
6.14 	and lead county contracts. Paragraphs (a) to (e) govern contracting within and across 
6.15 	reservation boundaries and lead tribal contracts for initiative tribes under section 256.01, 
6.16 	subdivision 14b. For purposes of this subdivision, "local agency" includes a tribe or a county 
6.17 	agency.
6.18 	(a) Once a local agency and an approved vendor execute a contract that meets the 
6.19 	requirements of this subdivision, the contract governs all other purchases of service from 
6.20 	the vendor by all other local agencies for the term of the contract. The local agency that 
6.21 	negotiated and entered into the contract becomes the lead tribe or county for the contract.
6.22 	(b) When the local agency in the county or reservation where a vendor is located wants 
6.23 	to purchase services from that vendor and the vendor has no contract with the local agency 
6.24 	or any other tribe or county, the local agency must negotiate and execute a contract with 
6.25 	the vendor.
6.26 	(c) When a local agency in one county wants to purchase services from a vendor located 
6.27 	in another county or reservation, it must notify the local agency in the county or reservation
6.28 	where the vendor is located. Within 30 days of being notified, the local agency in the vendor's 
6.29 	county or reservation must:
6.30 	(1) if it has a contract with the vendor, send a copy to the inquiring local agency;
6.31 	(2) if there is a contract with the vendor for which another local agency is the lead tribe 
6.32 	or county, identify the lead tribe or county to the inquiring agency; or
7.1 	(3) if no local agency has a contract with the vendor, inform the inquiring agency whether 
7.2 	it will negotiate a contract and become the lead tribe or county. If the agency where the 
7.3 	vendor is located will not negotiate a contract with the vendor because of concerns related 
7.4 	to clients' health and safety, the agency must share those concerns with the inquiring local
7.5 	agency.
7.6 	(d) If the local agency in the county where the vendor is located declines to negotiate a 
7.7 	contract with the vendor or fails to respond within 30 days of receiving the notification 
7.8 	under paragraph (c), the inquiring agency is authorized to negotiate a contract and must 
7.9 	notify the local agency that declined or failed to respond.
7.10 	(e) When the inquiring county local agency under paragraph (d) becomes the lead tribe 
7.11 	or county for a contract and the contract expires and needs to be renegotiated, that tribe or 
7.12 	county must again follow the requirements under paragraph (c) and notify the local agency 
7.13 	where the vendor is located. The local agency where the vendor is located has the option 
7.14 	of becoming the lead tribe or county for the new contract. If the local agency does not 
7.15 	exercise the option, paragraph (d) applies.
7.16 	(f) This subdivision does not affect the requirement to seek county concurrence under 
7.17 	section 256B.092, subdivision 8a, when the services are to be purchased for a person with 
7.18 	a developmental disability or under section 245.4711, subdivision 3, when the services to 
7.19 	be purchased are for an adult with serious and persistent mental illness.

7.20 	EFFECTIVE DATE. This section is effective the day following final enactment.

7.21 	Sec. 4. Minnesota Statutes 2020, section 260C.007, subdivision 26c, is amended to read:
7.22 		Subd. 26c.Qualified individual. "Qualified individual" means a trained culturally 
7.23 	competent professional or licensed clinician, including a mental health professional under 
7.24 	section 245.4871, subdivision 27, who is notqualified to conduct the assessment approved 
7.25 	by the commissioner. The qualified individual must not be an employee of the responsible 
7.26 	social services agency and who is not connected to or affiliated with any placement setting 
7.27 	in which a responsible social services agency has placed children.
7.28 	When the Indian Child Welfare Act of 1978, United States Code, title 25, sections 1901 
7.29 	to 1963, applies to a child, the county must contact the child's tribe without delay to give 
7.30 	the tribe the option to designate a qualified individual who is a trained culturally competent 
7.31 	professional or licensed clinician, including a mental health professional under section 
7.32 	245.4871, subdivision 27, who is not employed by the responsible social services agency 
7.33 	and who is not connected to or affiliated with any placement setting in which a responsible 
8.1 	social services agency has placed children. Only a federal waiver that demonstrates 
8.2 	maintained objectivity may allow a responsible social services agency employee or tribal 
8.3 	employee affiliated with any placement setting in which the responsible social services 
8.4 	agency has placed children to be designated the qualified individual.

8.5 	Sec. 5. Minnesota Statutes 2020, section 260C.007, subdivision 31, is amended to read:
8.6 		Subd. 31.Sexually exploited youth. "Sexually exploited youth" means an individual 
8.7 	who:
8.8 	(1) is alleged to have engaged in conduct which would, if committed by an adult, violate 
8.9 	any federal, state, or local law relating to being hired, offering to be hired, or agreeing to 
8.10 	be hired by another individual to engage in sexual penetration or sexual conduct;
8.11 	(2) is a victim of a crime described in section 609.342, 609.343, 609.344, 609.345, 
8.12 	609.3451, 609.3453, 609.352, 617.246, or 617.247;
8.13 	(3) is a victim of a crime described in United States Code, title 18, section 2260; 2421; 
8.14 	2422; 2423; 2425; 2425A; or 2256; or
8.15 	(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b.; or
8.16 	(5) is a victim of commercial sexual exploitation as defined in United States Code, title 
8.17 	22, section 7102(11)(A) and (12).

8.18 	EFFECTIVE DATE. This section is effective September 30, 2021.

8.19 	Sec. 6. Minnesota Statutes 2020, section 260C.157, subdivision 3, is amended to read:
8.20 		Subd. 3.Juvenile treatment screening team. (a) The responsible social services agency 
8.21 	shall establish a juvenile treatment screening team to conduct screenings under this chapter, 
8.22 	chapter 260D, and section 245.487, subdivision 3, for a child to receive treatment for an 
8.23 	emotional disturbance, a developmental disability, or related condition in a residential 
8.24 	treatment facility licensed by the commissioner of human services under chapter 245A, or 
8.25 	licensed or approved by a tribe. A screening team is not required for a child to be in: (1) a 
8.26 	residential facility specializing in prenatal, postpartum, or parenting support; (2) a facility 
8.27 	specializing in high-quality residential care and supportive services to children and youth 
8.28 	who are have been or are at risk of becoming victims of sex-trafficking victims or are at 
8.29 	risk of becoming sex-trafficking victims or commercial sexual exploitation; (3) supervised 
8.30 	settings for youth who are 18 years old of age or older and living independently; or (4) a 
8.31 	licensed residential family-based treatment facility for substance abuse consistent with 
9.1 	section 260C.190. Screenings are also not required when a child must be placed in a facility 
9.2 	due to an emotional crisis or other mental health emergency.
9.3 	(b) The responsible social services agency shall conduct screenings within 15 days of a 
9.4 	request for a screening, unless the screening is for the purpose of residential treatment and 
9.5 	the child is enrolled in a prepaid health program under section 256B.69, in which case the 
9.6 	agency shall conduct the screening within ten working days of a request. The responsible 
9.7 	social services agency shall convene the juvenile treatment screening team, which may be 
9.8 	constituted under section 245.4885 or 256B.092 or Minnesota Rules, parts 9530.6600 to 
9.9 	9530.6655. The team shall consist of social workers; persons with expertise in the treatment 
9.10 	of juveniles who are emotionally disableddisturbed, chemically dependent, or have a 
9.11 	developmental disability; and the child's parent, guardian, or permanent legal custodian. 
9.12 	The team may include the child's relatives as defined in section 260C.007, subdivisions 26b
9.13 	and 27, the child's foster care provider, and professionals who are a resource to the child's 
9.14 	family such as teachers, medical or mental health providers, and clergy, as appropriate, 
9.15 	consistent with the family and permanency team as defined in section 260C.007, subdivision 
9.16 	16a. Prior to forming the team, the responsible social services agency must consult with the 
9.17 	child's parents, the child if the child is age 14 or older, the child's parents, and, if applicable, 
9.18 	the child's tribe to obtain recommendations regarding which individuals to include on the 
9.19 	team and to ensure that the team is family-centered and will act in the child's best interest
9.20 	interests. If the child, child's parents, or legal guardians raise concerns about specific relatives 
9.21 	or professionals, the team should not include those individuals. This provision does not 
9.22 	apply to paragraph (c).
9.23 	(c) If the agency provides notice to tribes under section 260.761, and the child screened 
9.24 	is an Indian child, the responsible social services agency must make a rigorous and concerted 
9.25 	effort to include a designated representative of the Indian child's tribe on the juvenile 
9.26 	treatment screening team, unless the child's tribal authority declines to appoint a 
9.27 	representative. The Indian child's tribe may delegate its authority to represent the child to 
9.28 	any other federally recognized Indian tribe, as defined in section 260.755, subdivision 12. 
9.29 	The provisions of the Indian Child Welfare Act of 1978, United States Code, title 25, sections 
9.30 	1901 to 1963, and the Minnesota Indian Family Preservation Act, sections 260.751 to 
9.31 	260.835, apply to this section.
9.32 	(d) If the court, prior to, or as part of, a final disposition or other court order, proposes 
9.33 	to place a child with an emotional disturbance or developmental disability or related condition 
9.34 	in residential treatment, the responsible social services agency must conduct a screening. 
10.1 	If the team recommends treating the child in a qualified residential treatment program, the 
10.2 	agency must follow the requirements of sections 260C.70 to 260C.714.
10.3 	The court shall ascertain whether the child is an Indian child and shall notify the 
10.4 	responsible social services agency and, if the child is an Indian child, shall notify the Indian 
10.5 	child's tribe as paragraph (c) requires.
10.6 	(e) When the responsible social services agency is responsible for placing and caring 
10.7 	for the child and the screening team recommends placing a child in a qualified residential 
10.8 	treatment program as defined in section 260C.007, subdivision 26d, the agency must: (1) 
10.9 	begin the assessment and processes required in section 260C.704 without delay; and (2) 
10.10 	conduct a relative search according to section 260C.221 to assemble the child's family and 
10.11 	permanency team under section 260C.706. Prior to notifying relatives regarding the family 
10.12 	and permanency team, the responsible social services agency must consult with the child's 
10.13 	parents and the child if the child is age 14 or older, the child's parents and, if applicable, the 
10.14 	child's tribe to ensure that the agency is providing notice to individuals who will act in the 
10.15 	child's best interest. The child and the child's parents may identify a culturally competent 
10.16 	qualified individual to complete the child's assessment. The agency shall make efforts to 
10.17 	refer the assessment to the identified qualified individual. The assessment may not be delayed 
10.18 	for the purpose of having the assessment completed by a specific qualified individual.
10.19 	(f) When a screening team determines that a child does not need treatment in a qualified 
10.20 	residential treatment program, the screening team must:
10.21 	(1) document the services and supports that will prevent the child's foster care placement 
10.22 	and will support the child remaining at home;
10.23 	(2) document the services and supports that the agency will arrange to place the child 
10.24 	in a family foster home; or
10.25 	(3) document the services and supports that the agency has provided in any other setting.
10.26 	(g) When the Indian child's tribe or tribal health care services provider or Indian Health 
10.27 	Services provider proposes to place a child for the primary purpose of treatment for an 
10.28 	emotional disturbance, a developmental disability, or co-occurring emotional disturbance 
10.29 	and chemical dependency, the Indian child's tribe or the tribe delegated by the child's tribe 
10.30 	shall submit necessary documentation to the county juvenile treatment screening team, 
10.31 	which must invite the Indian child's tribe to designate a representative to the screening team.
10.32 	(h) The responsible social services agency must conduct and document the screening in 
10.33 	a format approved by the commissioner of human services.

11.1 	EFFECTIVE DATE. This section is effective September 30, 2021.

11.2 	Sec. 7. Minnesota Statutes 2020, section 260C.212, subdivision 1a, is amended to read:
11.3 		Subd. 1a.Out-of-home placement plan update. (a) Within 30 days of placing the child 
11.4 	in foster care, the agency must file the child's initial out-of-home placement plan with the 
11.5 	court. After filing the child's initial out-of-home placement plan, the agency shall update 
11.6 	and file the child's out-of-home placement plan with the court as follows:
11.7 	(1) when the agency moves a child to a different foster care setting, the agency shall 
11.8 	inform the court within 30 days of the child's placement change or court-ordered trial home 
11.9 	visit. The agency must file the child's updated out-of-home placement plan with the court 
11.10 	at the next required review hearing;
11.11 	(2) when the agency places a child in a qualified residential treatment program as defined 
11.12 	in section 260C.007, subdivision 26d, or moves a child from one qualified residential 
11.13 	treatment program to a different qualified residential treatment program, the agency must 
11.14 	update the child's out-of-home placement plan within 60 days. To meet the requirements 
11.15 	of section 260C.708, the agency must file the child's out-of-home placement plan with the 
11.16 	court as part of the 60-day hearing and along with the agency's report seeking the court's 
11.17 	approval of the child's placement at a qualified residential treatment program under section 
11.18 	260C.71. After the court issues an order, the agency must update the child's out-of-home 
11.19 	placement plan after the court hearing to document the court's approval or disapproval of 
11.20 	the child's placement in a qualified residential treatment program;
11.21 	(3) when the agency places a child with the child's parent in a licensed residential 
11.22 	family-based substance use disorder treatment program under section 260C.190, the agency 
11.23 	must identify the treatment program where the child will be placed in the child's out-of-home 
11.24 	placement plan prior to the child's placement. The agency must file the child's out-of-home 
11.25 	placement plan with the court at the next required review hearing; and
11.26 	(4) under sections 260C.227 and 260C.521, the agency must update the child's
11.27 	out-of-home placement plan and file the child's out-of-home placement plan with the court.
11.28 	(b) When none of the items in paragraph (a) apply, the agency must update the child's
11.29 	out-of-home placement plan no later than 180 days after the child's initial placement and 
11.30 	every six months thereafter, consistent with section 260C.203, paragraph (a).

11.31 	EFFECTIVE DATE. This section is effective September 30, 2021.

12.1 	Sec. 8. Minnesota Statutes 2020, section 260C.212, subdivision 13, is amended to read:
12.2 		Subd. 13.Protecting missing and runaway children and youth at risk of sex 
12.3 	trafficking or commercial sexual exploitation. (a) The local social services agency shall 
12.4 	expeditiously locate any child missing from foster care.
12.5 	(b) The local social services agency shall report immediately, but no later than 24 hours, 
12.6 	after receiving information on a missing or abducted child to the local law enforcement 
12.7 	agency for entry into the National Crime Information Center (NCIC) database of the Federal 
12.8 	Bureau of Investigation, and to the National Center for Missing and Exploited Children.
12.9 	(c) The local social services agency shall not discharge a child from foster care or close 
12.10 	the social services case until diligent efforts have been exhausted to locate the child and the 
12.11 	court terminates the agency's jurisdiction.
12.12 	(d) The local social services agency shall determine the primary factors that contributed 
12.13 	to the child's running away or otherwise being absent from care and, to the extent possible 
12.14 	and appropriate, respond to those factors in current and subsequent placements.
12.15 	(e) The local social services agency shall determine what the child experienced while 
12.16 	absent from care, including screening the child to determine if the child is a possible sex 
12.17 	trafficking or commercial sexual exploitation victim as defined in section 609.321, 
12.18 	subdivision 7b 260C.007, subdivision 31.
12.19 	(f) The local social services agency shall report immediately, but no later than 24 hours, 
12.20 	to the local law enforcement agency any reasonable cause to believe a child is, or is at risk 
12.21 	of being, a sex trafficking or commercial sexual exploitation victim.
12.22 	(g) The local social services agency shall determine appropriate services as described 
12.23 	in section 145.4717 with respect to any child for whom the local social services agency has 
12.24 	responsibility for placement, care, or supervision when the local social services agency has 
12.25 	reasonable cause to believe that the child is, or is at risk of being, a sex trafficking or 
12.26 	commercial sexual exploitation victim.

12.27 	EFFECTIVE DATE. This section is effective September 30, 2021.

12.28 	Sec. 9. Minnesota Statutes 2020, section 260C.452, is amended to read:
12.29 	260C.452 SUCCESSFUL TRANSITION TO ADULTHOOD.
12.30 		Subdivision 1.Scope and purpose. (a) For purposes of this section, "youth" means a 
12.31 	person who is at least 14 years of age and under 23 years of age.
12.32 	(b) This section pertains to a child youth who:
13.1 	(1) is in foster care and is 14 years of age or older, including a youth who is under the 
13.2 	guardianship of the commissioner of human services, or who;
13.3 	(2) has a permanency disposition of permanent custody to the agency, or who;
13.4 	(3) will leave foster care at 18 to 21 years of age. when the youth is 18 years of age or 
13.5 	older and under 21 years of age;
13.6 	(4) has left foster care and was placed at a permanent adoptive placement when the youth 
13.7 	was 16 years of age or older;
13.8 	(5) is 16 years of age or older, has left foster care, and was placed with a relative to 
13.9 	whom permanent legal and physical custody of the youth has been transferred; or
13.10 	(6) was reunified with the youth's primary caretaker when the youth was 14 years of age 
13.11 	or older and under 18 years of age.
13.12 	(c) The purpose of this section is to provide support to each youth who is transitioning 
13.13 	to adulthood by providing services to the youth in the areas of:
13.14 	(1) education;
13.15 	(2) employment;
13.16 	(3) daily living skills such as financial literacy training and driving instruction; preventive 
13.17 	health activities including promoting abstinence from substance use and smoking; and 
13.18 	nutrition education and pregnancy prevention;
13.19 	(4) forming meaningful, permanent connections with caring adults;
13.20 	(5) engaging in age and developmentally appropriate activities under section 260C.212, 
13.21 	subdivision 14, and  positive youth development;
13.22 	(6) financial, housing, counseling, and other services to assist a youth over 18 years of 
13.23 	age in achieving self-sufficiency and accepting personal responsibility for the transition 
13.24 	from adolescence to adulthood; and
13.25 	(7) making vouchers available for education and training.
13.26 	(d) The responsible social services agency may provide support and case management 
13.27 	services to a youth as defined in paragraph (a) until the youth reaches the age of 23 years. 
13.28 	According to section 260C.451, a youth's placement in a foster care setting will end when 
13.29 	the youth reaches the age of 21 years.
13.30 		Subd. 1a.Case management services. Case management services include the 
13.31 	responsibility for planning, coordinating, authorizing, monitoring, and evaluating services 
14.1 	for a youth and shall be provided to a youth by the responsible social services agency or 
14.2 	the contracted agency. Case management services include the out-of-home placement plan 
14.3 	under section 260C.212, subdivision 1, when the youth is in out-of-home placement.
14.4 		Subd. 2.Independent living plan. When the child youth is 14 years of age or older and 
14.5 	is receiving support from the responsible social services agency under this section, the 
14.6 	responsible social services agency, in consultation with the child youth, shall complete the
14.7 	youth's independent living plan according to section 260C.212, subdivision 1, paragraph 
14.8 	(c), clause (12), regardless of the youth's current placement status.
14.9 		Subd. 3.Notification. Six months before the child is expected to be discharged from 
14.10 	foster care, the responsible social services agency shall provide written notice to the child 
14.11 	regarding the right to continued access to services for certain children in foster care past 18 
14.12 	years of age and of the right to appeal a denial of social services under section 256.045.
14.13 		Subd. 4.Administrative or court review of placements. (a) When the child youth is 
14.14 	14 years of age or older, the court, in consultation with the child youth, shall review the
14.15 	youth's independent living plan according to section 260C.203, paragraph (d).
14.16 	(b) The responsible social services agency shall file a copy of the notification required 
14.17 	in subdivision 3 of foster care benefits for a youth who is 18 years of age or older according 
14.18 	to section 260C.451, subdivision 1, with the court. If the responsible social services agency 
14.19 	does not file the notice by the time the child youth is 17-1/2 years of age, the court shall 
14.20 	require the responsible social services agency to file the notice.
14.21 	(c) When a youth is 18 years of age or older, the court shall ensure that the responsible 
14.22 	social services agency assists the child youth in obtaining the following documents before 
14.23 	the child youth leaves foster care: a Social Security card; an official or certified copy of the 
14.24 	child's youth's birth certificate; a state identification card or driver's license, tribal enrollment 
14.25 	identification card, green card, or school visa; health insurance information; the child's
14.26 	youth's school, medical, and dental records; a contact list of the child's youth's medical, 
14.27 	dental, and mental health providers; and contact information for the child's youth's siblings, 
14.28 	if the siblings are in foster care.
14.29 	(d) For a child youth who will be discharged from foster care at 18 years of age or older 
14.30 	because the youth is not eligible for extended foster care benefits or chooses to leave foster 
14.31 	care, the responsible social services agency must develop a personalized transition plan as 
14.32 	directed by the child youth during the 90-day period immediately prior to the expected date 
14.33 	of discharge. The transition plan must be as detailed as the child youth elects and include 
14.34 	specific options, including but not limited to:
15.1 	(1) affordable housing with necessary supports that does not include a homeless shelter;
15.2 	(2) health insurance, including eligibility for medical assistance as defined in section 
15.3 	256B.055, subdivision 17;
15.4 	(3) education, including application to the Education and Training Voucher Program;
15.5 	(4) local opportunities for mentors and continuing support services, including the Healthy 
15.6 	Transitions and Homeless Prevention program, if available;
15.7 	(5) workforce supports and employment services;
15.8 	(6) a copy of the child's youth's consumer credit report as defined in section 13C.001
15.9 	and assistance in interpreting and resolving any inaccuracies in the report, at no cost to the 
15.10 	child youth;
15.11 	(7) information on executing a health care directive under chapter 145C and on the 
15.12 	importance of designating another individual to make health care decisions on behalf of the 
15.13 	child youth if the child youth becomes unable to participate in decisions;
15.14 	(8) appropriate contact information through 21 years of age if the child youth needs 
15.15 	information or help dealing with a crisis situation; and
15.16 	(9) official documentation that the youth was previously in foster care.
15.17 		Subd. 5.Notice of termination of foster care social services. (a) When Before a child
15.18 	youth who is 18 years of age or older leaves foster care at 18 years of age or older, the 
15.19 	responsible social services agency shall give the child youth written notice that foster care 
15.20 	shall terminate 30 days from the date that the notice is sent by the agency according to 
15.21 	section 260C.451, subdivision 8.
15.22 	(b) The child or the child's guardian ad litem may file a motion asking the court to review 
15.23 	the responsible social services agency's determination within 15 days of receiving the notice. 
15.24 	The child shall not be discharged from foster care until the motion is heard. The responsible 
15.25 	social services agency shall work with the child to transition out of foster care.
15.26 	(c) The written notice of termination of benefits shall be on a form prescribed by the 
15.27 	commissioner and shall give notice of the right to have the responsible social services 
15.28 	agency's determination reviewed by the court under this section or sections 260C.203, 
15.29 	260C.317, and 260C.515, subdivision 5 or 6. A copy of the termination notice shall be sent 
15.30 	to the child and the child's attorney, if any, the foster care provider, the child's guardian ad 
15.31 	litem, and the court. The responsible social services agency is not responsible for paying 
15.32 	foster care benefits for any period of time after the child leaves foster care.
16.1 	(b) Before case management services will end for a youth who is at least 18 years of 
16.2 	age and under 23 years of age, the responsible social services agency shall give the youth: 
16.3 	(1) written notice that case management services for the youth shall terminate; and (2) 
16.4 	written notice that the youth has the right to appeal the termination of case management 
16.5 	services under section 256.045, subdivision 3, by responding in writing within ten days of 
16.6 	the date that the agency mailed the notice. The termination notice must include information 
16.7 	about services for which the youth is eligible and how to access the services.

16.8 	EFFECTIVE DATE. This section is effective July 1, 2021.

16.9 	Sec. 10. Minnesota Statutes 2020, section 260C.704, is amended to read:
16.10 	260C.704 REQUIREMENTS FOR THE QUALIFIED INDIVIDUAL'S 
16.11 	ASSESSMENT OF THE CHILD FOR PLACEMENT IN A QUALIFIED 
16.12 	RESIDENTIAL TREATMENT PROGRAM.
16.13 	(a) A qualified individual must complete an assessment of the child prior to or within
16.14 	30 days of the child's placement in a qualified residential treatment program in a format 
16.15 	approved by the commissioner of human services, andunless, due to a crisis, the child must 
16.16 	immediately be placed in a qualified residential treatment program. When a child must 
16.17 	immediately be placed in a qualified residential treatment program without an assessment, 
16.18 	the qualified individual must complete the child's assessment within 30 days of the child's 
16.19 	placement. The qualified individual must:
16.20 	(1) assess the child's needs and strengths, using an age-appropriate, evidence-based, 
16.21 	validated, functional assessment approved by the commissioner of human services;
16.22 	(2) determine whether the child's needs can be met by the child's family members or 
16.23 	through placement in a family foster home; or, if not, determine which residential setting 
16.24 	would provide the child with the most effective and appropriate level of care to the child 
16.25 	in the least restrictive environment;
16.26 	(3) develop a list of short- and long-term mental and behavioral health goals for the 
16.27 	child; and
16.28 	(4) work with the child's family and permanency team using culturally competent 
16.29 	practices.
16.30 	(b) The child and the child's parents, when appropriate, may request that a specific 
16.31 	culturally competent qualified individual complete the child's assessment. The agency shall 
16.32 	make efforts to refer the child to the identified qualified individual to complete the 
17.1 	assessment. The assessment must not be delayed for a specific qualified individual to 
17.2 	complete the assessment.
17.3 	(c) The qualified individual must provide the assessment, when complete, to the 
17.4 	responsible social services agency, the child's parents or legal guardians, the guardian ad 
17.5 	litem, and the court. If the assessment recommends placement of the child in a qualified 
17.6 	residential treatment facility, the agency must distribute the assessment to the child's parent 
17.7 	or legal guardian and file the assessment with the court report as required in section 260C.71, 
17.8 	subdivision 2. If the assessment does not recommend placement in a qualified residential 
17.9 	treatment facility, the agency must provide a copy of the assessment to the parents or legal 
17.10 	guardians and the guardian ad litem and file the assessment determination with the court at 
17.11 	the next required hearing as required in section 260C.71, subdivision 5. If court rules and 
17.12 	chapter 13 permit disclosure of the results of the child's assessment, the agency may share 
17.13 	the results of the child's assessment with the child's foster care provider, other members of 
17.14 	the child's family, and the family and permanency team. The agency must not share the 
17.15 	child's private medical data with the family and permanency team unless: (1) chapter 13
17.16 	permits the agency to disclose the child's private medical data to the family and permanency 
17.17 	team; or (2) the child's parent has authorized the agency to disclose the child's private medical 
17.18 	data to the family and permanency team.
17.19 	(d) For an Indian child, the assessment of the child must follow the order of placement 
17.20 	preferences in the Indian Child Welfare Act of 1978, United States Code, title 25, section 
17.21 	1915.
17.22 	(e) In the assessment determination, the qualified individual must specify in writing:
17.23 	(1) the reasons why the child's needs cannot be met by the child's family or in a family 
17.24 	foster home. A shortage of family foster homes is not an acceptable reason for determining 
17.25 	that a family foster home cannot meet a child's needs;
17.26 	(2) why the recommended placement in a qualified residential treatment program will 
17.27 	provide the child with the most effective and appropriate level of care to meet the child's 
17.28 	needs in the least restrictive environment possible and how placing the child at the treatment 
17.29 	program is consistent with the short-term and long-term goals of the child's permanency 
17.30 	plan; and
17.31 	(3) if the qualified individual's placement recommendation is not the placement setting 
17.32 	that the parent, family and permanency team, child, or tribe prefer, the qualified individual 
17.33 	must identify the reasons why the qualified individual does not recommend the parent's, 
17.34 	family and permanency team's, child's, or tribe's placement preferences. The out-of-home 
18.1 	placement plan under section 260C.708 must also include reasons why the qualified 
18.2 	individual did not recommend the preferences of the parents, family and permanency team, 
18.3 	child, or tribe.
18.4 	(f) If the qualified individual determines that the child's family or a family foster home 
18.5 	or other less restrictive placement may meet the child's needs, the agency must move the 
18.6 	child out of the qualified residential treatment program and transition the child to a less 
18.7 	restrictive setting within 30 days of the determination. If the responsible social services 
18.8 	agency has placement authority of the child, the agency must make a plan for the child's 
18.9 	placement according to section 260C.212, subdivision 2. The agency must file the child's 
18.10 	assessment determination with the court at the next required hearing.
18.11 	(g) If the qualified individual recommends placing the child in a qualified residential 
18.12 	treatment program and if the responsible social services agency has placement authority of 
18.13 	the child, the agency shall make referrals to appropriate qualified residential treatment 
18.14 	programs and upon acceptance by an appropriate program, place the child in an approved 
18.15 	or certified qualified residential treatment program.

18.16 	EFFECTIVE DATE. This section is effective September 30, 2021.

18.17 	Sec. 11. Minnesota Statutes 2020, section 260C.706, is amended to read:
18.18 	260C.706 FAMILY AND PERMANENCY TEAM REQUIREMENTS.
18.19 	(a) When the responsible social services agency's juvenile treatment screening team, as 
18.20 	defined in section 260C.157, recommends placing the child in a qualified residential treatment 
18.21 	program, the agency must assemble a family and permanency team within ten days.
18.22 	(1) The team must include all appropriate biological family members, the child's parents, 
18.23 	legal guardians or custodians, foster care providers, and relatives as defined in section 
18.24 	260C.007, subdivisions 26c 26b and 27, and professionals, as appropriate, who are a resource 
18.25 	to the child's family, such as teachers, medical or mental health providers, or clergy.
18.26 	(2) When a child is placed in foster care prior to the qualified residential treatment 
18.27 	program, the agency shall include relatives responding to the relative search notice as 
18.28 	required under section 260C.221 on this team, unless the juvenile court finds that contacting 
18.29 	a specific relative would endangerpresent a safety or health risk to the parent, guardian, 
18.30 	child, sibling, or any other family member.
18.31 	(3) When a qualified residential treatment program is the child's initial placement setting, 
18.32 	the responsible social services agency must engage with the child and the child's parents to 
18.33 	determine the appropriate family and permanency team members.
19.1 	(4) When the permanency goal is to reunify the child with the child's parent or legal 
19.2 	guardian, the purpose of the relative search and focus of the family and permanency team 
19.3 	is to preserve family relationships and identify and develop supports for the child and parents.
19.4 	(5) The responsible agency must make a good faith effort to identify and assemble all 
19.5 	appropriate individuals to be part of the child's family and permanency team and request 
19.6 	input from the parents regarding relative search efforts consistent with section 260C.221. 
19.7 	The out-of-home placement plan in section 260C.708 must include all contact information 
19.8 	for the team members, as well as contact information for family members or relatives who 
19.9 	are not a part of the family and permanency team.
19.10 	(6) If the child is age 14 or older, the team must include members of the family and 
19.11 	permanency team that the child selects in accordance with section 260C.212, subdivision 
19.12 	1, paragraph (b).
19.13 	(7) Consistent with section 260C.221, a responsible social services agency may disclose 
19.14 	relevant and appropriate private data about the child to relatives in order for the relatives 
19.15 	to participate in caring and planning for the child's placement.
19.16 	(8) If the child is an Indian child under section 260.751, the responsible social services 
19.17 	agency must make active efforts to include the child's tribal representative on the family 
19.18 	and permanency team.
19.19 	(b) The family and permanency team shall meet regarding the assessment required under 
19.20 	section 260C.704 to determine whether it is necessary and appropriate to place the child in 
19.21 	a qualified residential treatment program and to participate in case planning under section 
19.22 	260C.708.
19.23 	(c) When reunification of the child with the child's parent or legal guardian is the 
19.24 	permanency plan, the family and permanency team shall support the parent-child relationship 
19.25 	by recognizing the parent's legal authority, consulting with the parent regarding ongoing 
19.26 	planning for the child, and assisting the parent with visiting and contacting the child.
19.27 	(d) When the agency's permanency plan is to transfer the child's permanent legal and 
19.28 	physical custody to a relative or for the child's adoption, the team shall:
19.29 	(1) coordinate with the proposed guardian to provide the child with educational services, 
19.30 	medical care, and dental care;
19.31 	(2) coordinate with the proposed guardian, the agency, and the foster care facility to 
19.32 	meet the child's treatment needs after the child is placed in a permanent placement with the 
19.33 	proposed guardian;
20.1 	(3) plan to meet the child's need for safety, stability, and connection with the child's 
20.2 	family and community after the child is placed in a permanent placement with the proposed 
20.3 	guardian; and
20.4 	(4) in the case of an Indian child, communicate with the child's tribe to identify necessary 
20.5 	and appropriate services for the child, transition planning for the child, the child's treatment 
20.6 	needs, and how to maintain the child's connections to the child's community, family, and 
20.7 	tribe.
20.8 	(e) The agency shall invite the family and permanency team to participate in case planning 
20.9 	and the agency shall give the team notice of court reviews under sections 260C.152 and 
20.10 	260C.221 until: (1) the child is reunited with the child's parents; or (2) the child's foster care 
20.11 	placement ends and the child is in a permanent placement.

20.12 	EFFECTIVE DATE. This section is effective September 30, 2021.

20.13 	Sec. 12. Minnesota Statutes 2020, section 260C.708, is amended to read:
20.14 	260C.708 OUT-OF-HOME PLACEMENT PLAN FOR QUALIFIED 
20.15 	RESIDENTIAL TREATMENT PROGRAM PLACEMENTS.
20.16 	(a) When the responsible social services agency places a child in a qualified residential 
20.17 	treatment program as defined in section 260C.007, subdivision 26d, the out-of-home 
20.18 	placement plan must include:
20.19 	(1) the case plan requirements in section 260.212, subdivision 1 260C.212;
20.20 	(2) the reasonable and good faith efforts of the responsible social services agency to 
20.21 	identify and include all of the individuals required to be on the child's family and permanency 
20.22 	team under section 260C.007;
20.23 	(3) all contact information for members of the child's family and permanency team and 
20.24 	for other relatives who are not part of the family and permanency team;
20.25 	(4) evidence that the agency scheduled meetings of the family and permanency team, 
20.26 	including meetings relating to the assessment required under section 260C.704, at a time 
20.27 	and place convenient for the family;
20.28 	(5) evidence that the family and permanency team is involved in the assessment required 
20.29 	under section 260C.704 to determine the appropriateness of the child's placement in a 
20.30 	qualified residential treatment program;
21.1 	(6) the family and permanency team's placement preferences for the child in the 
21.2 	assessment required under section 260C.704. When making a decision about the child's 
21.3 	placement preferences, the family and permanency team must recognize:
21.4 	(i) that the agency should place a child with the child's siblings unless a court finds that 
21.5 	placing a child with the child's siblings is not possible due to a child's specialized placement 
21.6 	needs or is otherwise contrary to the child's best interests; and
21.7 	(ii) that the agency should place an Indian child according to the requirements of the 
21.8 	Indian Child Welfare Act, the Minnesota Family Preservation Act under sections 260.751 
21.9 	to 260.835, and section 260C.193, subdivision 3, paragraph (g);
21.10 	(5) (7) when reunification of the child with the child's parent or legal guardian is the 
21.11 	agency's goal, evidence demonstrating that the parent or legal guardian provided input about 
21.12 	the members of the family and permanency team under section 260C.706;
21.13 	(6) (8) when the agency's permanency goal is to reunify the child with the child's parent 
21.14 	or legal guardian, the out-of-home placement plan must identify services and supports that 
21.15 	maintain the parent-child relationship and the parent's legal authority, decision-making, and 
21.16 	responsibility for ongoing planning for the child. In addition, the agency must assist the 
21.17 	parent with visiting and contacting the child;
21.18 	(7) (9) when the agency's permanency goal is to transfer permanent legal and physical 
21.19 	custody of the child to a proposed guardian or to finalize the child's adoption, the case plan 
21.20 	must document the agency's steps to transfer permanent legal and physical custody of the 
21.21 	child or finalize adoption, as required in section 260C.212, subdivision 1, paragraph (c), 
21.22 	clauses (6) and (7); and
21.23 	(8) (10) the qualified individual's recommendation regarding the child's placement in a 
21.24 	qualified residential treatment program and the court approval or disapproval of the placement 
21.25 	as required in section 260C.71.
21.26 	(b) If the placement preferences of the family and permanency team, child, and tribe, if 
21.27 	applicable, are not consistent with the placement setting that the qualified individual 
21.28 	recommends, the case plan must include the reasons why the qualified individual did not 
21.29 	recommend following the preferences of the family and permanency team, child, and the 
21.30 	tribe.
21.31 	(c) The agency must file the out-of-home placement plan with the court as part of the 
21.32 	60-day hearing court order under section 260C.71.

21.33 	EFFECTIVE DATE. This section is effective September 30, 2021.

22.1 	Sec. 13. Minnesota Statutes 2020, section 260C.71, is amended to read:
22.2 	260C.71 COURT APPROVAL REQUIREMENTS.
22.3 		Subdivision 1.Judicial review. When the responsible social services agency has legal 
22.4 	authority to place a child at a qualified residential treatment facility under section 260C.007, 
22.5 	subdivision 21a, and the child's assessment under section 260C.704 recommends placing 
22.6 	the child in a qualified residential treatment facility, the agency shall place the child at a 
22.7 	qualified residential facility. Within 60 days of placing the child at a qualified residential 
22.8 	treatment facility, the agency must obtain a court order finding that the child's placement 
22.9 	is appropriate and meets the child's individualized needs.
22.10 		Subd. 2.Qualified residential treatment program; agency report to court. (a) The 
22.11 	responsible social services agency shall file a written report with the court after receiving 
22.12 	the qualified individual's assessment as specified in section 260C.704 prior to the child's 
22.13 	placement or within 35 days of the date of the child's placement in a qualified residential 
22.14 	treatment facility. The written report shall contain or have attached:
22.15 	(1) the child's name, date of birth, race, gender, and current address;
22.16 	(2) the names, races, dates of birth, residence, and post office address of the child's 
22.17 	parents or legal custodian, or guardian;
22.18 	(3) the name and address of the qualified residential treatment program, including a 
22.19 	chief administrator of the facility;
22.20 	(4) a statement of the facts that necessitated the child's foster care placement;
22.21 	(5) the child's out-of-home placement plan under section 260C.212, subdivision 1, 
22.22 	including the requirements in section 260C.708;
22.23 	(6) if the child is placed in an out-of-state qualified residential treatment program, the 
22.24 	compelling reasons why the child's needs cannot be met by an in-state placement;
22.25 	(7) the qualified individual's assessment of the child under section 260C.704, paragraph 
22.26 	(c), in a format approved by the commissioner;
22.27 	(8) if, at the time required for the report under this subdivision, the child's parent or legal 
22.28 	guardian, a child who is ten years of age or older, the family and permanency team, or a 
22.29 	tribe disagrees with the recommended qualified residential treatment program placement, 
22.30 	the agency shall include information regarding the disagreement, and to the extent possible, 
22.31 	the basis for the disagreement in the report;
23.1 	(9) any other information that the responsible social services agency, child's parent, legal 
23.2 	custodian or guardian, child, or in the case of an Indian child, tribe would like the court to 
23.3 	consider; and
23.4 	(10) the agency shall file the written report with the court and serve on the parties a 
23.5 	request for a hearing or a court order without a hearing.
23.6 	(b) The agency must inform the child's parent or legal guardian and a child who is ten 
23.7 	years of age or older of the court review requirements of this section and the child and child's 
23.8 	parent's or legal guardian's right to submit information to the court:
23.9 	(1) the agency must inform the child's parent or legal guardian and a child who is ten 
23.10 	years of age or older of the reporting date and the date by which the agency must receive 
23.11 	information from the child and child's parent so that the agency is able to submit the report 
23.12 	required by this subdivision to the court;
23.13 	(2) the agency must inform the child's parent or legal guardian, and a child who is ten 
23.14 	years of age or older that the court will hold a hearing upon the request of the child or the 
23.15 	child's parent; and
23.16 	(3) the agency must inform the child's parent or legal guardian, and a child who is ten 
23.17 	years of age or older that they have the right to request a hearing and the right to present 
23.18 	information to the court for the court's review under this subdivision.
23.19 		Subd. 3.Court hearing. (a) The court shall hold a hearing when a party or a child who 
23.20 	is ten years of age or older requests a hearing.
23.21 	(b) In all other circumstances, the court has the discretion to hold a hearing or issue an 
23.22 	order without a hearing.
23.23 		Subd. 4.Court findings and order. (a) Within 60 days from the beginning of each 
23.24 	placement in a qualified residential treatment program when the qualified individual's 
23.25 	assessment of the child recommends placing the child in a qualified residential treatment 
23.26 	program, the court must consider the qualified individual's assessment of the child under 
23.27 	section 260C.704 and issue an order to:
23.28 	(1) consider the qualified individual's assessment of whether it is necessary and 
23.29 	appropriate to place the child in a qualified residential treatment program under section 
23.30 	260C.704;
23.31 	(2) (1) determine whether a family foster home can meet the child's needs, whether it is 
23.32 	necessary and appropriate to place a child in a qualified residential treatment program that 
24.1 	is the least restrictive environment possible, and whether the child's placement is consistent 
24.2 	with the child's short and long term goals as specified in the permanency plan; and
24.3 	(3) (2) approve or disapprove of the child's placement.
24.4 	(b) In the out-of-home placement plan, the agency must document the court's approval 
24.5 	or disapproval of the placement, as specified in section 260C.708. If the court disapproves 
24.6 	of the child's placement in a qualified residential treatment program, the responsible social 
24.7 	services agency shall: (1) remove the child from the qualified residential treatment program 
24.8 	within 30 days of the court's order; and (2) make a plan for the child's placement that is 
24.9 	consistent with the child's best interests under section 260C.212, subdivision 2.
24.10 		Subd. 5.Court review and approval is not required. When the responsible social 
24.11 	services agency has legal authority to place a child under section 260C.007, subdivision 
24.12 	21a, and the qualified individual's assessment of the child does not recommend placing the 
24.13 	child in a qualified residential treatment program, the court is not required to hold a hearing 
24.14 	and the court is not required to issue an order. Pursuant to section 260C.704, paragraph (f), 
24.15 	the responsible social services agency shall make a plan for the child's placement consistent 
24.16 	with the child's best interests under section 260C.212, subdivision 2. The agency must file 
24.17 	the agency's assessment determination for the child with the court at the next required 
24.18 	hearing.

24.19 	EFFECTIVE DATE. This section is effective September 30, 2021.

24.20 	Sec. 14. Minnesota Statutes 2020, section 260C.712, is amended to read:
24.21 	260C.712 ONGOING REVIEWS AND PERMANENCY HEARING 
24.22 	REQUIREMENTS.
24.23 	As long as a child remains placed in a qualified residential treatment program, the 
24.24 	responsible social services agency shall submit evidence at each administrative review under 
24.25 	section 260C.203; each court review under sections 260C.202, 260C.203, and260C.204, 
24.26 	260D.06, 260D.07, and 260D.08; and each permanency hearing under section 260C.515, 
24.27 	260C.519, or260C.521, or 260D.07 that:
24.28 	(1) demonstrates that an ongoing assessment of the strengths and needs of the child 
24.29 	continues to support the determination that the child's needs cannot be met through placement 
24.30 	in a family foster home;
24.31 	(2) demonstrates that the placement of the child in a qualified residential treatment 
24.32 	program provides the most effective and appropriate level of care for the child in the least 
24.33 	restrictive environment;
25.1 	(3) demonstrates how the placement is consistent with the short-term and long-term 
25.2 	goals for the child, as specified in the child's permanency plan;
25.3 	(4) documents how the child's specific treatment or service needs will be met in the 
25.4 	placement;
25.5 	(5) documents the length of time that the agency expects the child to need treatment or 
25.6 	services; and
25.7 	(6) documents the responsible social services agency's efforts to prepare the child to 
25.8 	return home or to be placed with a fit and willing relative, legal guardian, adoptive parent, 
25.9 	or foster family.; and
25.10 	(7) if the child is placed in a qualified residential treatment program out-of-state, the 
25.11 	compelling reasons for placing the child out-of-state and the reasons that the child's needs 
25.12 	cannot be met by an in-state placement.

25.13 	EFFECTIVE DATE. This section is effective September 30, 2021.

25.14 	Sec. 15. Minnesota Statutes 2020, section 260C.714, is amended to read:
25.15 	260C.714 REVIEW OF EXTENDED QUALIFIED RESIDENTIAL TREATMENT 
25.16 	PROGRAM PLACEMENTS.
25.17 	(a) When a responsible social services agency places a child in a qualified residential 
25.18 	treatment program for more than 12 consecutive months or 18 nonconsecutive months or, 
25.19 	in the case of a child who is under 13 years of age, for more than six consecutive or 
25.20 	nonconsecutive months, the agency must submit: (1) the signed approval by the county 
25.21 	social services director of the responsible social services agency; and (2) the evidence 
25.22 	supporting the child's placement at the most recent court review or permanency hearing 
25.23 	under section 260C.712, paragraph (b).
25.24 	(b) The commissioner shall specify the procedures and requirements for the agency's 
25.25 	review and approval of a child's extended qualified residential treatment program placement. 
25.26 	The commissioner may consult with counties, tribes, child-placing agencies, mental health 
25.27 	providers, licensed facilities, the child, the child's parents, and the family and permanency 
25.28 	team members to develop case plan requirements and engage in periodic reviews of the 
25.29 	case plan.

25.30 	EFFECTIVE DATE. This section is effective September 30, 2021.

26.1 	Sec. 16. Minnesota Statutes 2020, section 260E.36, is amended by adding a subdivision 
26.2 	to read:
26.3 		Subd. 1b.Sex trafficking and sexual exploitation training requirement. As required 
26.4 	by the Child Abuse Prevention and Treatment Act amendments through Public Law 114-22 
26.5 	and to implement Public Law 115-123, all child protection social workers and social services 
26.6 	staff who have responsibility for child protective duties under this chapter or chapter 260C 
26.7 	shall complete training implemented by the commissioner of human services regarding sex 
26.8 	trafficking and sexual exploitation of children and youth.

26.9 	EFFECTIVE DATE. This section is effective July 1, 2021.

26.10 	ARTICLE 2
26.11 	FAMILY FIRST PREVENTION ACT CHAPTER 260D PROVISIONS

26.12 	Section 1. Minnesota Statutes 2020, section 260D.01, is amended to read:
26.13 	260D.01 CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT.
26.14 	(a) Sections 260D.01 to 260D.10, may be cited as the "child in voluntary foster care for 
26.15 	treatment" provisions of the Juvenile Court Act.
26.16 	(b) The juvenile court has original and exclusive jurisdiction over a child in voluntary 
26.17 	foster care for treatment upon the filing of a report or petition required under this chapter. 
26.18 	All obligations of the responsible social services agency to a child and family in foster care 
26.19 	contained in chapter 260C not inconsistent with this chapter are also obligations of the 
26.20 	agency with regard to a child in foster care for treatment under this chapter.
26.21 	(c) This chapter shall be construed consistently with the mission of the children's mental 
26.22 	health service system as set out in section 245.487, subdivision 3, and the duties of an agency 
26.23 	under sections 256B.092 and 260C.157 and Minnesota Rules, parts 9525.0004 to 9525.0016, 
26.24 	to meet the needs of a child with a developmental disability or related condition. This 
26.25 	chapter:
26.26 	(1) establishes voluntary foster care through a voluntary foster care agreement as the 
26.27 	means for an agency and a parent to provide needed treatment when the child must be in 
26.28 	foster care to receive necessary treatment for an emotional disturbance or developmental 
26.29 	disability or related condition;
26.30 	(2) establishes court review requirements for a child in voluntary foster care for treatment 
26.31 	due to emotional disturbance or developmental disability or a related condition;
27.1 	(3) establishes the ongoing responsibility of the parent as legal custodian to visit the 
27.2 	child, to plan together with the agency for the child's treatment needs, to be available and 
27.3 	accessible to the agency to make treatment decisions, and to obtain necessary medical, 
27.4 	dental, and other care for the child; and
27.5 	(4) applies to voluntary foster care when the child's parent and the agency agree that the 
27.6 	child's treatment needs require foster care either:
27.7 	(i) due to a level of care determination by the agency's screening team informed by the
27.8 	child's diagnostic and functional assessment under section 245.4885; or
27.9 	(ii) due to a determination regarding the level of services needed by the child by the 
27.10 	responsible social services' services agency's screening team under section 256B.092, and 
27.11 	Minnesota Rules, parts 9525.0004 to 9525.0016.; and
27.12 	(5) includes the requirements for a child's placement in sections 260C.70 to 260C.714, 
27.13 	when the juvenile treatment screening team recommends placing a child in a qualified 
27.14 	residential treatment program.
27.15 	(d) This chapter does not apply when there is a current determination under chapter 
27.16 	260E that the child requires child protective services or when the child is in foster care for 
27.17 	any reason other than treatment for the child's emotional disturbance or developmental 
27.18 	disability or related condition. When there is a determination under chapter 260E that the 
27.19 	child requires child protective services based on an assessment that there are safety and risk 
27.20 	issues for the child that have not been mitigated through the parent's engagement in services 
27.21 	or otherwise, or when the child is in foster care for any reason other than the child's emotional 
27.22 	disturbance or developmental disability or related condition, the provisions of chapter 260C
27.23 	apply.
27.24 	(e) The paramount consideration in all proceedings concerning a child in voluntary foster 
27.25 	care for treatment is the safety, health, and the best interests of the child. The purpose of 
27.26 	this chapter is:
27.27 	(1) to ensure that a child with a disability is provided the services necessary to treat or 
27.28 	ameliorate the symptoms of the child's disability;
27.29 	(2) to preserve and strengthen the child's family ties whenever possible and in the child's 
27.30 	best interests, approving the child's placement away from the child's parents only when the 
27.31 	child's need for care or treatment requires it out-of-home placement and the child cannot 
27.32 	be maintained in the home of the parent; and
28.1 	(3) to ensure that the child's parent retains legal custody of the child and associated 
28.2 	decision-making authority unless the child's parent willfully fails or is unable to make 
28.3 	decisions that meet the child's safety, health, and best interests. The court may not find that 
28.4 	the parent willfully fails or is unable to make decisions that meet the child's needs solely 
28.5 	because the parent disagrees with the agency's choice of foster care facility, unless the 
28.6 	agency files a petition under chapter 260C, and establishes by clear and convincing evidence 
28.7 	that the child is in need of protection or services.
28.8 	(f) The legal parent-child relationship shall be supported under this chapter by maintaining 
28.9 	the parent's legal authority and responsibility for ongoing planning for the child and by the 
28.10 	agency's assisting the parent, where when necessary, to exercise the parent's ongoing right 
28.11 	and obligation to visit or to have reasonable contact with the child. Ongoing planning means:
28.12 	(1) actively participating in the planning and provision of educational services, medical, 
28.13 	and dental care for the child;
28.14 	(2) actively planning and participating with the agency and the foster care facility for 
28.15 	the child's treatment needs; and
28.16 	(3) planning to meet the child's need for safety, stability, and permanency, and the child's 
28.17 	need to stay connected to the child's family and community.; and
28.18 	(4) engaging with the responsible social services agency to ensure that the family and 
28.19 	permanency team under section 260C.706 consists of appropriate family members. For 
28.20 	purposes of voluntary placement of a child in foster care for treatment under chapter 260D, 
28.21 	prior to forming the child's family and permanency team, the responsible social services 
28.22 	agency must consult with the child's parents and the child if the child is 14 years of age or 
28.23 	older, and if applicable, the child's tribe to obtain recommendations regarding which 
28.24 	individuals to include on the team and to ensure that the team is family-centered and will 
28.25 	act in the child's best interests. If the child or the child's parent or legal guardian raises 
28.26 	concerns about specific relatives or professionals, the team should not include those 
28.27 	individuals on the team unless the individual is a treating professional or an important 
28.28 	connection to the youth as outlined in the case or crisis plan.
28.29 	(g) The provisions of section 260.012 to ensure placement prevention, family 
28.30 	reunification, and all active and reasonable effort requirements of that section apply. This 
28.31 	chapter shall be construed consistently with the requirements of the Indian Child Welfare 
28.32 	Act of 1978, United States Code, title 25, section 1901, et al., and the provisions of the 
28.33 	Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

28.34 	EFFECTIVE DATE. This section is effective September 30, 2021.

29.1 	Sec. 2. Minnesota Statutes 2020, section 260D.05, is amended to read:
29.2 	260D.05 ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY FOSTER 
29.3 	CARE FOR TREATMENT.
29.4 	The administrative reviews required under section 260C.203 must be conducted for a 
29.5 	child in voluntary foster care for treatment, except that the initial administrative review 
29.6 	must take place prior to the submission of the report to the court required under section 
29.7 	260D.06, subdivision 2. When a child is placed in a qualified residential treatment program 
29.8 	as defined in section 260C.007, subdivision 26d, the responsible social services agency 
29.9 	must submit evidence to the court as specified in section 260C.712.

29.10 	EFFECTIVE DATE. This section is effective September 30, 2021.

29.11 	Sec. 3. Minnesota Statutes 2020, section 260D.06, subdivision 2, is amended to read:
29.12 		Subd. 2.Agency report to court; court review. The agency shall obtain judicial review 
29.13 	by reporting to the court according to the following procedures:
29.14 	(a) A written report shall be forwarded to the court within 165 days of the date of the 
29.15 	voluntary placement agreement. The written report shall contain or have attached:
29.16 	(1) a statement of facts that necessitate the child's foster care placement;
29.17 	(2) the child's name, date of birth, race, gender, and current address;
29.18 	(3) the names, race, date of birth, residence, and post office addresses of the child's 
29.19 	parents or legal custodian;
29.20 	(4) a statement regarding the child's eligibility for membership or enrollment in an Indian 
29.21 	tribe and the agency's compliance with applicable provisions of sections 260.751 to 260.835;
29.22 	(5) the names and addresses of the foster parents or chief administrator of the facility in 
29.23 	which the child is placed, if the child is not in a family foster home or group home;
29.24 	(6) a copy of the out-of-home placement plan required under section 260C.212, 
29.25 	subdivision 1;
29.26 	(7) a written summary of the proceedings of any administrative review required under 
29.27 	section 260C.203; and
29.28 	(8) evidence as specified in section 260C.712 when a child is placed in a qualified 
29.29 	residential treatment program as defined in section 260C.007, subdivision 26d; and
29.30 	(9) any other information the agency, parent or legal custodian, the child or the foster 
29.31 	parent, or other residential facility wants the court to consider.
30.1 	(b) In the case of a child in placement due to emotional disturbance, the written report 
30.2 	shall include as an attachment, the child's individual treatment plan developed by the child's 
30.3 	treatment professional, as provided in section 245.4871, subdivision 21, or the child's 
30.4 	standard written plan, as provided in section 125A.023, subdivision 3, paragraph (e).
30.5 	(c) In the case of a child in placement due to developmental disability or a related 
30.6 	condition, the written report shall include as an attachment, the child's individual service 
30.7 	plan, as provided in section 256B.092, subdivision 1b; the child's individual program plan, 
30.8 	as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver care plan; 
30.9 	or the child's standard written plan, as provided in section 125A.023, subdivision 3, paragraph 
30.10 	(e).
30.11 	(d) The agency must inform the child, age 12 or older, the child's parent, and the foster 
30.12 	parent or foster care facility of the reporting and court review requirements of this section 
30.13 	and of their right to submit information to the court:
30.14 	(1) if the child or the child's parent or the foster care provider wants to send information 
30.15 	to the court, the agency shall advise those persons of the reporting date and the date by 
30.16 	which the agency must receive the information they want forwarded to the court so the 
30.17 	agency is timely able submit it with the agency's report required under this subdivision;
30.18 	(2) the agency must also inform the child, age 12 or older, the child's parent, and the 
30.19 	foster care facility that they have the right to be heard in person by the court and how to 
30.20 	exercise that right;
30.21 	(3) the agency must also inform the child, age 12 or older, the child's parent, and the 
30.22 	foster care provider that an in-court hearing will be held if requested by the child, the parent, 
30.23 	or the foster care provider; and
30.24 	(4) if, at the time required for the report under this section, a child, age 12 or older, 
30.25 	disagrees about the foster care facility or services provided under the out-of-home placement 
30.26 	plan required under section 260C.212, subdivision 1, the agency shall include information 
30.27 	regarding the child's disagreement, and to the extent possible, the basis for the child's 
30.28 	disagreement in the report required under this section.
30.29 	(e) After receiving the required report, the court has jurisdiction to make the following 
30.30 	determinations and must do so within ten days of receiving the forwarded report, whether 
30.31 	a hearing is requested:
30.32 	(1) whether the voluntary foster care arrangement is in the child's best interests;
30.33 	(2) whether the parent and agency are appropriately planning for the child; and
31.1 	(3) in the case of a child age 12 or older, who disagrees with the foster care facility or 
31.2 	services provided under the out-of-home placement plan, whether it is appropriate to appoint 
31.3 	counsel and a guardian ad litem for the child using standards and procedures under section 
31.4 	260C.163.
31.5 	(f) Unless requested by a parent, representative of the foster care facility, or the child, 
31.6 	no in-court hearing is required in order for the court to make findings and issue an order as 
31.7 	required in paragraph (e).
31.8 	(g) If the court finds the voluntary foster care arrangement is in the child's best interests 
31.9 	and that the agency and parent are appropriately planning for the child, the court shall issue 
31.10 	an order containing explicit, individualized findings to support its determination. The 
31.11 	individualized findings shall be based on the agency's written report and other materials 
31.12 	submitted to the court. The court may make this determination notwithstanding the child's 
31.13 	disagreement, if any, reported under paragraph (d).
31.14 	(h) The court shall send a copy of the order to the county attorney, the agency, parent, 
31.15 	child, age 12 or older, and the foster parent or foster care facility.
31.16 	(i) The court shall also send the parent, the child, age 12 or older, the foster parent, or 
31.17 	representative of the foster care facility notice of the permanency review hearing required 
31.18 	under section 260D.07, paragraph (e).
31.19 	(j) If the court finds continuing the voluntary foster care arrangement is not in the child's 
31.20 	best interests or that the agency or the parent are not appropriately planning for the child, 
31.21 	the court shall notify the agency, the parent, the foster parent or foster care facility, the child, 
31.22 	age 12 or older, and the county attorney of the court's determinations and the basis for the 
31.23 	court's determinations. In this case, the court shall set the matter for hearing and appoint a 
31.24 	guardian ad litem for the child under section 260C.163, subdivision 5.

31.25 	EFFECTIVE DATE. This section is effective September 30, 2021.

31.26 	Sec. 4. Minnesota Statutes 2020, section 260D.07, is amended to read:
31.27 	260D.07 REQUIRED PERMANENCY REVIEW HEARING.
31.28 	(a) When the court has found that the voluntary arrangement is in the child's best interests 
31.29 	and that the agency and parent are appropriately planning for the child pursuant to the report 
31.30 	submitted under section 260D.06, and the child continues in voluntary foster care as defined 
31.31 	in section 260D.02, subdivision 10, for 13 months from the date of the voluntary foster care 
31.32 	agreement, or has been in placement for 15 of the last 22 months, the agency must:
32.1 	(1) terminate the voluntary foster care agreement and return the child home; or
32.2 	(2) determine whether there are compelling reasons to continue the voluntary foster care 
32.3 	arrangement and, if the agency determines there are compelling reasons, seek judicial 
32.4 	approval of its determination; or
32.5 	(3) file a petition for the termination of parental rights.
32.6 	(b) When the agency is asking for the court's approval of its determination that there are 
32.7 	compelling reasons to continue the child in the voluntary foster care arrangement, the agency 
32.8 	shall file a "Petition for Permanency Review Regarding a Child in Voluntary Foster Care 
32.9 	for Treatment" and ask the court to proceed under this section.
32.10 	(c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster Care 
32.11 	for Treatment" shall be drafted or approved by the county attorney and be under oath. The 
32.12 	petition shall include:
32.13 	(1) the date of the voluntary placement agreement;
32.14 	(2) whether the petition is due to the child's developmental disability or emotional 
32.15 	disturbance;
32.16 	(3) the plan for the ongoing care of the child and the parent's participation in the plan;
32.17 	(4) a description of the parent's visitation and contact with the child;
32.18 	(5) the date of the court finding that the foster care placement was in the best interests 
32.19 	of the child, if required under section 260D.06, or the date the agency filed the motion under 
32.20 	section 260D.09, paragraph (b);
32.21 	(6) the agency's reasonable efforts to finalize the permanent plan for the child, including 
32.22 	returning the child to the care of the child's family; and
32.23 	(7) a citation to this chapter as the basis for the petition.; and
32.24 	(8) evidence as specified in section 260C.712 when a child is placed in a qualified 
32.25 	residential treatment program as defined in section 260C.007, subdivision 26d.
32.26 	(d) An updated copy of the out-of-home placement plan required under section 260C.212, 
32.27 	subdivision 1, shall be filed with the petition.
32.28 	(e) The court shall set the date for the permanency review hearing no later than 14 months 
32.29 	after the child has been in placement or within 30 days of the petition filing date when the 
32.30 	child has been in placement 15 of the last 22 months. The court shall serve the petition 
32.31 	together with a notice of hearing by United States mail on the parent, the child age 12 or 
33.1 	older, the child's guardian ad litem, if one has been appointed, the agency, the county 
33.2 	attorney, and counsel for any party.
33.3 	(f) The court shall conduct the permanency review hearing on the petition no later than 
33.4 	14 months after the date of the voluntary placement agreement, within 30 days of the filing 
33.5 	of the petition when the child has been in placement 15 of the last 22 months, or within 15 
33.6 	days of a motion to terminate jurisdiction and to dismiss an order for foster care under 
33.7 	chapter 260C, as provided in section 260D.09, paragraph (b).
33.8 	(g) At the permanency review hearing, the court shall:
33.9 	(1) inquire of the parent if the parent has reviewed the "Petition for Permanency Review 
33.10 	Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is accurate, 
33.11 	and whether the parent agrees to the continued voluntary foster care arrangement as being 
33.12 	in the child's best interests;
33.13 	(2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts to 
33.14 	finalize the permanent plan for the child, including whether there are services available and 
33.15 	accessible to the parent that might allow the child to safely be with the child's family;
33.16 	(3) inquire of the parent if the parent consents to the court entering an order that:
33.17 	(i) approves the responsible agency's reasonable efforts to finalize the permanent plan 
33.18 	for the child, which includes ongoing future planning for the safety, health, and best interests 
33.19 	of the child; and
33.20 	(ii) approves the responsible agency's determination that there are compelling reasons 
33.21 	why the continued voluntary foster care arrangement is in the child's best interests; and
33.22 	(4) inquire of the child's guardian ad litem and any other party whether the guardian or 
33.23 	the party agrees that:
33.24 	(i) the court should approve the responsible agency's reasonable efforts to finalize the 
33.25 	permanent plan for the child, which includes ongoing and future planning for the safety, 
33.26 	health, and best interests of the child; and
33.27 	(ii) the court should approve of the responsible agency's determination that there are 
33.28 	compelling reasons why the continued voluntary foster care arrangement is in the child's 
33.29 	best interests.
33.30 	(h) At a permanency review hearing under this section, the court may take the following 
33.31 	actions based on the contents of the sworn petition and the consent of the parent:
34.1 	(1) approve the agency's compelling reasons that the voluntary foster care arrangement 
34.2 	is in the best interests of the child; and
34.3 	(2) find that the agency has made reasonable efforts to finalize the permanent plan for 
34.4 	the child.
34.5 	(i) A child, age 12 or older, may object to the agency's request that the court approve its 
34.6 	compelling reasons for the continued voluntary arrangement and may be heard on the reasons 
34.7 	for the objection. Notwithstanding the child's objection, the court may approve the agency's 
34.8 	compelling reasons and the voluntary arrangement.
34.9 	(j) If the court does not approve the voluntary arrangement after hearing from the child 
34.10 	or the child's guardian ad litem, the court shall dismiss the petition. In this case, either:
34.11 	(1) the child must be returned to the care of the parent; or
34.12 	(2) the agency must file a petition under section 260C.141, asking for appropriate relief 
34.13 	under sections 260C.301 or 260C.503 to 260C.521.
34.14 	(k) When the court approves the agency's compelling reasons for the child to continue 
34.15 	in voluntary foster care for treatment, and finds that the agency has made reasonable efforts 
34.16 	to finalize a permanent plan for the child, the court shall approve the continued voluntary 
34.17 	foster care arrangement, and continue the matter under the court's jurisdiction for the purposes 
34.18 	of reviewing the child's placement every 12 months while the child is in foster care.
34.19 	(l) A finding that the court approves the continued voluntary placement means the agency 
34.20 	has continued legal authority to place the child while a voluntary placement agreement 
34.21 	remains in effect. The parent or the agency may terminate a voluntary agreement as provided 
34.22 	in section 260D.10. Termination of a voluntary foster care placement of an Indian child is 
34.23 	governed by section 260.765, subdivision 4.

34.24 	EFFECTIVE DATE. This section is effective September 30, 2021.

34.25 	Sec. 5. Minnesota Statutes 2020, section 260D.08, is amended to read:
34.26 	260D.08 ANNUAL REVIEW.
34.27 	(a) After the court conducts a permanency review hearing under section 260D.07, the 
34.28 	matter must be returned to the court for further review of the responsible social services 
34.29 	reasonable efforts to finalize the permanent plan for the child and the child's foster care 
34.30 	placement at least every 12 months while the child is in foster care. The court shall give 
34.31 	notice to the parent and child, age 12 or older, and the foster parents of the continued review 
34.32 	requirements under this section at the permanency review hearing.
35.1 	(b) Every 12 months, the court shall determine whether the agency made reasonable 
35.2 	efforts to finalize the permanency plan for the child, which means the exercise of due 
35.3 	diligence by the agency to:
35.4 	(1) ensure that the agreement for voluntary foster care is the most appropriate legal 
35.5 	arrangement to meet the child's safety, health, and best interests and to conduct a genuine 
35.6 	examination of whether there is another permanency disposition order under chapter 260C, 
35.7 	including returning the child home, that would better serve the child's need for a stable and 
35.8 	permanent home;
35.9 	(2) engage and support the parent in continued involvement in planning and decision 
35.10 	making for the needs of the child;
35.11 	(3) strengthen the child's ties to the parent, relatives, and community;
35.12 	(4) implement the out-of-home placement plan required under section 260C.212, 
35.13 	subdivision 1, and ensure that the plan requires the provision of appropriate services to 
35.14 	address the physical health, mental health, and educational needs of the child; and
35.15 	(5) submit evidence to the court as specified in section 260C.712 when a child is placed 
35.16 	in a qualified residential treatment program setting as defined in section 260C.007, 
35.17 	subdivision 26d; and
35.18 	(5) (6) ensure appropriate planning for the child's safe, permanent, and independent 
35.19 	living arrangement after the child's 18th birthday.

35.20 	EFFECTIVE DATE. This section is effective September 30, 2021.

35.21 	Sec. 6. Minnesota Statutes 2020, section 260D.14, is amended to read:
35.22 	260D.14 SUCCESSFUL TRANSITION TO ADULTHOOD FOR CHILDREN
35.23 	YOUTH IN VOLUNTARY PLACEMENT.
35.24 		Subdivision 1.Case planning. When the child a youth is 14 years of age or older, the 
35.25 	responsible social services agency shall ensure that a child youth in foster care under this 
35.26 	chapter is provided with the case plan requirements in section 260C.212, subdivisions 1
35.27 	and 14.
35.28 		Subd. 2.Notification. The responsible social services agency shall provide a youth with
35.29 	written notice of the right to continued access to services for certain children in foster care 
35.30 	past 18 years of age under section 260C.452, subdivision 3 foster care benefits that a youth 
35.31 	who is 18 years of age or older may continue to receive according to section 260C.451, 
35.32 	subdivision 1, and of the right to appeal a denial of social services under section 256.045. 
36.1 	The notice must be provided to the child youth six months before the child's youth's 18th 
36.2 	birthday.
36.3 		Subd. 3.Administrative or court reviews. When the child a youth is 17 14 years of 
36.4 	age or older, the administrative review or court hearing must include a review of the 
36.5 	responsible social services agency's support for the child's youth's successful transition to 
36.6 	adulthood as required in section 260C.452, subdivision 4.

36.7 	EFFECTIVE DATE. This section is effective July 1, 2021.

36.8 	ARTICLE 3
36.9 	FAMILY FIRST PREVENTION ACT PROVIDER CERTIFICATION

36.10 	Section 1. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision 
36.11 	to read:
36.12 		Subd. 3c.At risk of becoming a victim of sex trafficking or commercial sexual 
36.13 	exploitation. For the purposes of section 245A.25, a youth who is "at risk of becoming a 
36.14 	victim of sex trafficking or commercial sexual exploitation" means a youth who meets the 
36.15 	criteria established by the commissioner of human services for this purpose.

36.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

36.17 	Sec. 2. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to 
36.18 	read:
36.19 		Subd. 4a.Children's residential facility. "Children's residential facility" is defined as 
36.20 	a residential program licensed under this chapter or chapter 241 according to the applicable 
36.21 	standards in Minnesota Rules, parts 2960.0010 to 2960.0710.

36.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

36.23 	Sec. 3. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to 
36.24 	read:
36.25 		Subd. 6d.Foster family setting. "Foster family setting" has the meaning given in 
36.26 	Minnesota Rules, chapter 2960.3010, subpart 23, and includes settings licensed by the   
36.27 	commissioner of human services or the commissioner of corrections.

36.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

37.1 	Sec. 4. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to 
37.2 	read:
37.3 		Subd. 6e.Foster residence setting. "Foster residence setting" has the meaning given 
37.4 	in Minnesota Rules, chapter 2960.3010, subpart 26, and includes settings licensed by the 
37.5 	commissioner of human services or the commissioner of corrections.

37.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

37.7 	Sec. 5. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to 
37.8 	read:
37.9 		Subd. 18a.Trauma. For the purposes of section 245A.25, "trauma" means an event, 
37.10 	series of events, or set of circumstances experienced by an individual as physically or 
37.11 	emotionally harmful or life-threatening and has lasting adverse effects on the individual's 
37.12 	functioning and mental, physical, social, emotional, or spiritual well-being. Trauma includes 
37.13 	the cumulative emotional or psychological harm of group traumatic experiences transmitted 
37.14 	across generations within a community that are often associated with racial and ethnic 
37.15 	population groups that have suffered major intergenerational losses.

37.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

37.17 	Sec. 6. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to 
37.18 	read:
37.19 		Subd. 23.Victim of sex trafficking or commercial sexual exploitation. For the purposes 
37.20 	of section 245A.25, "victim of sex trafficking or commercial sexual exploitation" means a 
37.21 	person who meets the definitions in section 260C.007, subdivision 31, clauses (4) and (5).

37.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

37.23 	Sec. 7. Minnesota Statutes 2020, section 245A.02, is amended by adding a subdivision to 
37.24 	read:
37.25 		Subd. 24.Youth. For the purposes of section 245A.25, "youth" means a "child" as 
37.26 	defined in section 260C.007, subdivision 4, and includes individuals under 21 years of age 
37.27 	who are in foster care pursuant to section 260C.451.

37.28 	EFFECTIVE DATE. This section is effective the day following final enactment.

38.1 	Sec. 8. Minnesota Statutes 2020, section 245A.041, is amended by adding a subdivision 
38.2 	to read:
38.3 		Subd. 6.First date of working in a facility or setting; documentation 
38.4 	requirements. Children's residential facility and foster residence setting license holders 
38.5 	must document the first date that a person who is a background study subject begins working 
38.6 	in the license holder's facility or setting. If the license holder does not maintain documentation 
38.7 	of each background study subject's first date of working in the facility or setting in the 
38.8 	license holder's personnel files, the license holder must provide documentation to the 
38.9 	commissioner that contains the first date that each background study subject began working 
38.10 	in the license holder's program upon the commissioner's request.

38.11 	EFFECTIVE DATE. This section is effective August 1, 2021.

38.12 	Sec. 9. [245A.25] RESIDENTIAL PROGRAM CERTIFICATIONS FOR 
38.13 	COMPLIANCE WITH THE FAMILY FIRST PREVENTION SERVICES ACT.
38.14 		Subdivision 1.Certification scope and applicability. (a) This section establishes the 
38.15 	requirements that a children's residential facility or child foster residence setting must meet 
38.16 	to be certified for the purposes of Title IV-E funding requirements as:
38.17 	(1) a qualified residential treatment program;
38.18 	(2) a residential setting specializing in providing care and supportive services for youth 
38.19 	who have been or are at risk of becoming victims of sex trafficking or commercial sexual 
38.20 	exploitation;
38.21 	(3) a residential setting specializing in providing prenatal, postpartum, or parenting 
38.22 	support for youth; or
38.23 	(4) a supervised independent living setting for youth 18 years of age or older.
38.24 	(b) This section does not apply to a foster family setting in which the license holder 
38.25 	resides in the foster home.
38.26 	(c) Children's residential facilities licensed as detention settings according to Minnesota 
38.27 	Rules, parts 2960.0230 to 2960.0290, or secure programs according to Minnesota Rules, 
38.28 	parts 2960.0300 to 2960.0420, may not be certified under this section.
38.29 	(d) For purposes of this section, "license holder" means an individual, organization, or 
38.30 	government entity that was issued a children's residential facility or foster residence setting 
38.31 	license by the commissioner of human services under this chapter or by the commissioner 
38.32 	of corrections under chapter 241.
39.1 	(e) Certifications issued under this section for foster residence settings may only be 
39.2 	issued by the commissioner of human services and are not delegated to county or private 
39.3 	licensing agencies under section 245A.16.
39.4 		Subd. 2.Program certification types and requests for certification. (a) By July 1, 
39.5 	2021, the commissioner of human services must offer certifications to license holders for 
39.6 	the following types of programs:
39.7 	(1) qualified residential treatment programs;
39.8 	(2) residential settings specializing in providing care and supportive services for youth 
39.9 	who have been or are at risk of becoming victims of sex trafficking or commercial sexual 
39.10 	exploitation;
39.11 	(3) residential settings specializing in providing prenatal, postpartum, or parenting 
39.12 	support for youth; and
39.13 	(4) supervised independent living settings for youth 18 years of age or older.
39.14 	(b) An applicant or license holder must submit a request for certification under this 
39.15 	section on a form and in a manner prescribed by the commissioner of human services. The 
39.16 	decision of the commissioner of human services to grant or deny a certification request is 
39.17 	final and not subject to appeal under chapter 14.
39.18 		Subd. 3.Trauma-informed care. (a) Programs certified under subdivisions 4 or 5 must 
39.19 	provide services to a person according to a trauma-informed model of care that meets the 
39.20 	requirements of this subdivision, except that programs certified under subdivision 5 are not 
39.21 	required to meet the requirements of paragraph (e).
39.22 	(b) For the purposes of this section, "trauma-informed care" is defined as care that:
39.23 	(1) acknowledges the effects of trauma on a person receiving services and on the person's 
39.24 	family;
39.25 	(2) modifies services to respond to the effects of trauma on the person receiving services;
39.26 	(3) emphasizes skill and strength-building rather than symptom management; and
39.27 	(4) focuses on the physical and psychological safety of the person receiving services 
39.28 	and the person's family.
39.29 	(c) The license holder must have a process for identifying the signs and symptoms of 
39.30 	trauma in a youth and must address the youth's needs related to trauma. This process must 
39.31 	include:
40.1 	(1) screening for trauma by completing a trauma-specific screening tool with each youth 
40.2 	upon the youth's admission or obtaining the results of a trauma-specific screening tool that 
40.3 	was completed with the youth within 30 days prior to the youth's admission to the program; 
40.4 	and
40.5 	(2) ensuring that trauma-based interventions targeting specific trauma-related symptoms 
40.6 	are available to each youth when needed to assist the youth in obtaining services. For 
40.7 	qualified residential treatment programs, this must include the provision of services in 
40.8 	paragraph (e).
40.9 	(d) The license holder must develop and provide services to each youth according to the 
40.10 	principles of trauma-informed care including:
40.11 	(1) recognizing the impact of trauma on a youth when determining the youth's service 
40.12 	needs and providing services to the youth;
40.13 	(2) allowing each youth to participate in reviewing and developing the youth's 
40.14 	individualized treatment or service plan;
40.15 	(3) providing services to each youth that are person-centered and culturally responsive; 
40.16 	and
40.17 	(4) adjusting services for each youth to address additional needs of the youth.
40.18 	(e) In addition to the other requirements of this subdivision, qualified residential treatment 
40.19 	programs must use a trauma-based treatment model that includes:
40.20 	(1) assessing each youth to determine if the youth needs trauma-specific treatment 
40.21 	interventions;
40.22 	(2) identifying in each youth's treatment plan how the program will provide 
40.23 	trauma-specific treatment interventions to the youth;
40.24 	(3) providing trauma-specific treatment interventions to a youth that target the youth's 
40.25 	specific trauma-related symptoms; and
40.26 	(4) training all clinical staff of the program on trauma-specific treatment interventions.
40.27 	(f) At the license holder's program, the license holder must provide a physical, social, 
40.28 	and emotional environment that:
40.29 	(1) promotes the physical and psychological safety of each youth;
40.30 	(2) avoids aspects that may be retraumatizing;
40.31 	(3) responds to trauma experienced by each youth and the youth's other needs; and
41.1 	(4) includes designated spaces that are available to each youth for engaging in sensory 
41.2 	and self-soothing activities.
41.3 	(g) The license holder must base the program's policies and procedures on 
41.4 	trauma-informed principles. In the program's policies and procedures, the license holder 
41.5 	must:
41.6 	(1) describe how the program provides services according to a trauma-informed model 
41.7 	of care;
41.8 	(2) describe how the program's environment fulfills the requirements of paragraph (f);
41.9 	(3) prohibit the use of aversive consequences for a youth's violation of program rules 
41.10 	or any other reason;
41.11 	(4) describe the process for how the license holder incorporates trauma-informed 
41.12 	principles and practices into the organizational culture of the license holder's program; and
41.13 	(5) if the program is certified to use restrictive procedures under Minnesota Rules, part 
41.14 	2960.0710, how the program uses restrictive procedures only when necessary for a youth 
41.15 	in a manner that addresses the youth's history of trauma and avoids causing the youth 
41.16 	additional trauma.
41.17 	(h) Prior to allowing a staff person to have direct contact, as defined in section 245C.02, 
41.18 	subdivision 11, with a youth and annually thereafter, the license holder must train each staff 
41.19 	person about:
41.20 	(1) concepts of trauma-informed care and how to provide services to each youth according 
41.21 	to these concepts; and
41.22 	(2) impacts of each youth's culture, race, gender, and sexual orientation on the youth's 
41.23 	behavioral health and traumatic experiences.
41.24 		Subd. 4.Qualified residential treatment programs; certification requirements. (a) 
41.25 	To be certified as a qualified residential treatment program, a license holder must meet:
41.26 	(1) the definition of a qualified residential treatment program in section 260C.007, 
41.27 	subdivision 26d;
41.28 	(2) the requirements for providing trauma-informed care and using a trauma-based 
41.29 	treatment model in subdivision 3; and
41.30 	(3) the requirements of this subdivision.
42.1 	(b) For each youth placed at the license holder's program, the license holder must 
42.2 	collaborate with the responsible social services agency and other appropriate parties to 
42.3 	implement the youth's out-of-home placement plan and the  youth's short-term and long-term 
42.4 	mental health and behavioral health goals in the assessment required by sections 260C.212, 
42.5 	subdivision 1; 260C.704; and 260C.708.
42.6 	(c) A qualified residential treatment program must use a trauma-based treatment model 
42.7 	that meets all of the requirements of subdivision 3 that is designed to address the needs, 
42.8 	including clinical needs, of youth with serious emotional or behavioral disorders or 
42.9 	disturbances. The license holder must develop, document, and review a treatment plan for 
42.10 	each youth according to the requirements of Minnesota Rules, parts 2960.0180, subpart 2, 
42.11 	item B; and 2960.0190, subpart 2.
42.12 	(d) The following types of staff must be on-site according to the program's treatment 
42.13 	model and must be available 24 hours a day and seven days a week to provide care within 
42.14 	the scope of their practice:
42.15 	(1) a registered nurse or licensed practical nurse licensed by the Minnesota Board of 
42.16 	Nursing to practice professional nursing or practical nursing as defined in section 148.171, 
42.17 	subdivisions 14 and 15; and
42.18 	(2) other licensed clinical staff to meet each youth's clinical needs.
42.19 	(e) A qualified residential treatment program must be accredited by one of the following 
42.20 	independent, not-for-profit organizations:
42.21 	(1) the Commission on Accreditation of Rehabilitation Facilities (CARF);
42.22 	(2) the Joint Commission;
42.23 	(3) the Council on Accreditation (COA); or
42.24 	(4) another independent, not-for-profit accrediting organization approved by the Secretary 
42.25 	of the United States Department of Health and Human Services.
42.26 	(f) The license holder must facilitate participation of a youth's family members in the 
42.27 	youth's treatment program, consistent with the youth's best interests and according to the 
42.28 	youth's out-of-home placement plan required by sections 260C.212, subdivision 1; and 
42.29 	260C.708.
42.30 	(g) The license holder must contact and facilitate outreach to each youth's family 
42.31 	members, including the youth's siblings, and must document outreach to the youth's family 
42.32 	members in the youth's file, including the contact method and each family member's contact 
43.1 	information. In the youth's file, the license holder must record and maintain the contact 
43.2 	information for all known biological family members and fictive kin of the youth.
43.3 	(h) The license holder must document in the youth's file how the program integrates 
43.4 	family members into the treatment process for the youth, including after the youth's discharge 
43.5 	from the program, and how the program maintains the youth's connections to the youth's 
43.6 	siblings.
43.7 	(i) The program must provide discharge planning and family-based aftercare support to 
43.8 	each youth for at least six months after the youth's discharge from the program. When 
43.9 	providing aftercare to a youth, the program must have monthly contact with the youth and 
43.10 	the youth's caregivers to promote the youth's engagement in aftercare services and to regularly 
43.11 	evaluate the family's needs. The program's monthly contact with the youth may be 
43.12 	face-to-face, by telephone, or virtual.
43.13 	(j) The license holder must maintain a service delivery plan that describes how the 
43.14 	program provides services according to the requirements in paragraphs (b) to (i).
43.15 		Subd. 5.Residential settings specializing in providing care and supportive services 
43.16 	for youth who have been or are at risk of becoming victims of sex trafficking or 
43.17 	commercial sexual exploitation; certification requirements. (a) To be certified as a 
43.18 	residential setting specializing in providing care and support services for youth who have 
43.19 	been or are at risk of becoming victims of sex trafficking or commercial sexual exploitation, 
43.20 	a license holder must meet the requirements of this subdivision.
43.21 	(b) Settings certified according to this subdivision are exempt from the requirements of 
43.22 	section 245A.04, subdivision 11, paragraph (b).
43.23 	(c) The program must use a trauma-informed model of care that meets all of the applicable 
43.24 	requirements of subdivision 3, and that is designed to address the needs, including emotional 
43.25 	and mental health needs, of youth who have been or are at risk of becoming victims of sex 
43.26 	trafficking or commercial sexual exploitation.
43.27 	(d) The program must provide high quality care and supportive services for youth who 
43.28 	have been or are at risk of becoming victims of sex trafficking or commercial sexual 
43.29 	exploitation and must:
43.30 	(1) offer a safe setting to each youth designed to prevent ongoing and future trafficking 
43.31 	of the youth;
43.32 	(2) provide equitable, culturally responsive, and individualized services to each youth;
44.1 	(3) assist each youth with accessing medical, mental health, legal, advocacy, and family 
44.2 	services based on the youth's individual needs;
44.3 	(4) provide each youth with relevant educational, life skills, and employment supports 
44.4 	based on the youth's individual needs;
44.5 	(5) offer a trafficking prevention education curriculum and provide support for each 
44.6 	youth at risk of future sex trafficking or commercial sexual exploitation; and
44.7 	(6) engage with the discharge planning process for each youth and the youth's family.
44.8 	(e) The license holder must maintain a service delivery plan that describes how the 
44.9 	program provides services according to the requirements in paragraphs (c) and (d).
44.10 	(f) The license holder must ensure that each staff person who has direct contact, as 
44.11 	defined in section 245C.02, subdivision 11, with a youth served by the license holder's 
44.12 	program completes a human trafficking training approved by the Department of Human 
44.13 	Services' Children and Family Services Administration before the staff person has direct 
44.14 	contact with a youth served by the program and annually thereafter. For programs certified 
44.15 	prior to January 1, 2022, the license holder must ensure that each staff person at the license 
44.16 	holder's program completes the initial training by January 1, 2022.
44.17 		Subd. 6.Residential settings specializing in providing prenatal, postpartum, or 
44.18 	parenting supports for youth; certification requirements. (a) To be certified as a 
44.19 	residential setting specializing in providing prenatal, postpartum, or parenting supports for 
44.20 	youth, a license holder must meet the requirements of this subdivision.
44.21 	(b) The license holder must collaborate with the responsible social services agency and 
44.22 	other appropriate parties to implement each youth's out-of-home placement plan required 
44.23 	by section 260C.212, subdivision 1.
44.24 	(c) The license holder must specialize in providing prenatal, postpartum, or parenting 
44.25 	supports for youth and must:
44.26 	(1) provide equitable, culturally responsive, and individualized services to each youth;
44.27 	(2) assist each youth with accessing postpartum services during the same period of time 
44.28 	that a woman is considered pregnant for the purposes of medical assistance eligibility under 
44.29 	section 256B.055, subdivision 6, including providing each youth with:
44.30 	(i) sexual and reproductive health services and education; and
44.31 	(ii) a postpartum mental health assessment and follow-up services; and
44.32 	(3) discharge planning that includes the youth and the youth's family.
45.1 	(d) On or before the date of a child's initial physical presence at the facility, the license 
45.2 	holder must provide education to the child's parent related to safe bathing and reducing the 
45.3 	risk of sudden unexpected infant death and abusive head trauma from shaking infants and 
45.4 	young children. The license holder must use the educational material developed by the 
45.5 	commissioner of human services to comply with this requirement. At a minimum, the 
45.6 	education must address:
45.7 	(1) instruction that: (i) a child or infant should never be left unattended around water; 
45.8 	(ii) a tub should be filled with only two to four inches of water for infants; and (iii) an infant 
45.9 	should never be put into a tub when the water is running; and
45.10 	(2) the risk factors related to sudden unexpected infant death and abusive head trauma 
45.11 	from shaking infants and young children and means of reducing the risks, including the 
45.12 	safety precautions identified in section 245A.1435 and the risks of co-sleeping.
45.13 	The license holder must document the parent's receipt of the education and keep the 
45.14 	documentation in the parent's file. The documentation must indicate whether the parent 
45.15 	agrees to comply with the safeguards described in this paragraph. If the parent refuses to 
45.16 	comply, program staff must provide additional education to the parent as described in the 
45.17 	parental supervision plan. The parental supervision plan must include the intervention, 
45.18 	frequency, and staff responsible for the duration of the parent's participation in the program 
45.19 	or until the parent agrees to comply with the safeguards described in this paragraph.
45.20 	(e) On or before the date of a child's initial physical presence at the facility, the license 
45.21 	holder must document the parent's capacity to meet the health and safety needs of the child 
45.22 	while on the facility premises considering the following factors:
45.23 	(1) the parent's physical and mental health;
45.24 	(2) the parent being under the influence of drugs, alcohol, medications, or other chemicals;
45.25 	(3) the child's physical and mental health; and
45.26 	(4) any other information available to the license holder indicating that the parent may 
45.27 	not be able to adequately care for the child.
45.28 	(f) The license holder must have written procedures specifying the actions that staff shall 
45.29 	take if a parent is or becomes unable to adequately care for the parent's child.
45.30 	(g) If the parent refuses to comply with the safeguards described in paragraph (d) or is 
45.31 	unable to adequately care for the child, the license holder must develop a parental supervision 
45.32 	plan in conjunction with the parent. The plan must account for any factors in paragraph (e) 
46.1 	that contribute to the parent's inability to adequately care for the child. The plan must be 
46.2 	dated and signed by the staff person who completed the plan.
46.3 	(h) The license holder must have written procedures addressing whether the program 
46.4 	permits a parent to arrange for supervision of the parent's child by another youth in the 
46.5 	program. If permitted, the facility must have a procedure that requires staff approval of the 
46.6 	supervision arrangement before the supervision by the nonparental youth occurs. The 
46.7 	procedure for approval must include an assessment of the nonparental youth's capacity to 
46.8 	assume the supervisory responsibilities using the criteria in paragraph (e). The license holder 
46.9 	must document the license holder's approval of the supervisory arrangement and the 
46.10 	assessment of the nonparental youth's capacity to supervise the child and must keep this 
46.11 	documentation in the file of the parent whose child is being supervised by the nonparental 
46.12 	youth.
46.13 	(i) The license holder must maintain a service delivery plan that describes how the 
46.14 	program provides services according to the requirements in paragraphs (b) to (h).
46.15 		Subd. 7.Supervised independent living settings for youth 18 years of age or older; 
46.16 	certification requirements. (a) To be certified as a supervised independent living setting 
46.17 	for youth who are 18 years of age or older, a license holder must meet the requirements of 
46.18 	this subdivision.
46.19 	(b) The license holder must provide training, counseling, instruction, supervision, and 
46.20 	assistance for independent living according to the youth's needs.
46.21 	(c) The license holder may provide services to assist the youth with locating housing, 
46.22 	money management, meal preparation, shopping, health care, transportation, and any other 
46.23 	support services necessary to meet the youth's needs and improve the youth's ability to 
46.24 	conduct such tasks independently.
46.25 	(d) The service plan for the youth must contain an objective of independent living skills.
46.26 	(e) The license holder must maintain a service delivery plan that describes how the 
46.27 	program provides services according to the requirements in paragraphs (b) to (d).
46.28 		Subd. 8.Monitoring and inspections. (a) For a program licensed by the commissioner 
46.29 	of human services, the commissioner of human services may review a program's compliance 
46.30 	with certification requirements by conducting an inspection, a licensing review, or an 
46.31 	investigation of the program. The commissioner may issue a correction order to the license 
46.32 	holder for a program's noncompliance with the certification requirements of this section. 
46.33 	For a program licensed by the commissioner of human services, a license holder must make 
47.1 	a request for reconsideration of a correction order according to section 245A.06, subdivision 
47.2 	2.
47.3 	(b) For a program licensed by the commissioner of corrections, the commissioner of 
47.4 	human services may review the program's compliance with the requirements for a certification 
47.5 	issued under this section biennially and may issue a correction order identifying the program's 
47.6 	noncompliance with the requirements of this section. The correction order must state the 
47.7 	following:
47.8 	(1) the conditions that constitute a violation of a law or rule;
47.9 	(2) the specific law or rule violated; and
47.10 	(3) the time allowed for the program to correct each violation.
47.11 	(c) For a program licensed by the commissioner of corrections, if a license holder believes 
47.12 	that there are errors in the correction order of the commissioner of human services, the 
47.13 	license holder may ask the Department of Human Services to reconsider the parts of the 
47.14 	correction order that the license holder alleges are in error. To submit a request for 
47.15 	reconsideration, the license holder must send a written request for reconsideration by United 
47.16 	States mail to the commissioner of human services. The request for reconsideration must 
47.17 	be postmarked within 20 calendar days of the date that the correction order was received 
47.18 	by the license holder and must:
47.19 	(1) specify the parts of the correction order that are alleged to be in error;
47.20 	(2) explain why the parts of the correction order are in error; and
47.21 	(3) include documentation to support the allegation of error.
47.22 	A request for reconsideration does not stay any provisions or requirements of the correction 
47.23 	order. The commissioner of human services' disposition of a request for reconsideration is 
47.24 	final and not subject to appeal under chapter 14.
47.25 	(d) Nothing in this subdivision prohibits the commissioner of human services from 
47.26 	decertifying a license holder according to subdivision 9 prior to issuing a correction order.
47.27 		Subd. 9.Decertification. (a) The commissioner of human services may rescind a 
47.28 	certification issued under this section if a license holder fails to comply with the certification 
47.29 	requirements in this section.
47.30 	(b) The license holder may request reconsideration of a decertification by notifying the 
47.31 	commissioner of human services by certified mail or personal service. The license holder 
47.32 	must request reconsideration of a decertification in writing. If the license holder sends the 
48.1 	request for reconsideration of a decertification by certified mail, the license holder must 
48.2 	send the request by United States mail to the commissioner of human services and the 
48.3 	request must be postmarked within 20 calendar days after the license holder received the 
48.4 	notice of decertification. If the license holder requests reconsideration of a decertification 
48.5 	by personal service, the request for reconsideration must be received by the commissioner 
48.6 	of human services within 20 calendar days after the license holder received the notice of 
48.7 	decertification. When submitting a request for reconsideration of a decertification, the license 
48.8 	holder must submit a written argument or evidence in support of the request for 
48.9 	reconsideration.
48.10 	(c) The commissioner of human services' disposition of a request for reconsideration is 
48.11 	final and not subject to appeal under chapter 14.
48.12 		Subd. 10.Variances. The commissioner of human services may grant variances to the 
48.13 	requirements in this section that do not affect a youth's health or safety or compliance with 
48.14 	federal requirements for Title IV-E funding if the conditions in section 245A.04, subdivision 
48.15 	9, are met.

48.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

48.17 	Sec. 10. DIRECTION TO COMMISSIONER OF HUMAN SERVICES; 
48.18 	AFTERCARE SUPPORTS.
 48.19 	The commissioner of human services shall consult with stakeholders to develop policies 
48.20 	regarding aftercare supports for the transition of a child to family foster care from a qualified 
48.21 	residential treatment program as defined in Minnesota Statutes, section 260C.007, subdivision 
48.22 	26d, or a less restrictive setting that aligns with the child's permanency plan and 
48.23 	person-centered support plan when applicable, prior to reunification with the child's parent 
48.24 	or legal guardian. The policies must be consistent with Minnesota Rules, part 2960.0190, 
48.25 	and relevant statutes, and address the coordination of the qualified residential treatment 
48.26 	program discharge planning and aftercare supports where needed, the county social services 
48.27 	case plan, and services from community-based providers, to maintain the child's progress 
48.28 	with behavioral health goals as defined in the child's treatment plan. The commissioner 
48.29 	must complete development of the policy guidance by December 31, 2022.