1.1 	A bill for an act
1.2 	relating to children; making changes to the Minnesota Indian Family Preservation 
1.3 	Act;amending Minnesota Statutes 2022, sections 260.753; 260.755, subdivisions 
1.4 	1a, 3, 20, 22, by adding subdivisions; 260.761; 260.7611; 260.762; 260.765, 
1.5 	subdivisions 1, 2, 3, 4, by adding subdivisions; 260.771; 260.781; 260.785, 
1.6 	subdivision 2; 260.791; 260.795, subdivision 1; 260.805; 260.821, subdivision 2; 
1.7 	260.835, subdivision 2; proposing coding for new law in Minnesota Statutes, 
1.8 	chapter 260; repealing Minnesota Statutes 2022, section 260.755, subdivision 17.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. [260.752] APPLICABILITY.
1.11 	Unless otherwise stated, sections 260.751 to 260.835 and the federal Indian Child Welfare 
1.12 	Act are applicable without exception in any child placement proceeding involving an Indian 
1.13 	child where custody is granted to someone other than a parent or an Indian custodian. 
1.14 	Nothing in sections 260.751 to 260.835 is intended to apply to custody actions between 
1.15 	parents or between a parent and Indian custodian.

1.16 	Sec. 2. Minnesota Statutes 2022, section 260.753, is amended to read:
1.17 	260.753 PURPOSES.
1.18 	The purposes of Laws 2015, chapter 78, the Minnesota Indian Family Preservation Act
1.19 	are to (1) protect the long-term interests, as defined by the Tribes, of Indian children, their 
1.20 	families as defined by law or custom, and the child's Tribe; and (2) preserve the Indian 
1.21 	family and Tribal identity, including an understanding that Indian children are damaged if 
1.22 	family and child Tribal identity and contact are denied. Indian children are the future of the 
1.23 	Tribes and are vital to their very existence.

2.1 	Sec. 3. [260.754] POLICY ON TRIBAL-STATE RELATIONS.
2.2 	(a) The state of Minnesota acknowledges federally recognized Indian Tribes as sovereign 
2.3 	political entities that predate the existence of the United States and that have retained inherent 
2.4 	sovereign authority to pass their own laws, maintain their own systems of governance, and 
2.5 	determine their own jurisdiction. The sovereign authority of Tribes may only be limited by 
2.6 	the federal government and not by any action of the state, including the state legislature and 
2.7 	state courts.
2.8 	(b) Inherently, as members of Indian Tribes recognized by the federal government, 
2.9 	Indian people have rights and privileges as members of their Tribe which the state of 
2.10 	Minnesota recognizes and protects.
2.11 	(c) Indian people have a right to be protected from being disfranchised or deprived of 
2.12 	any of the rights and privileges secured to any citizen in the state and to have the recognition 
2.13 	and protection of the rights and privileges flowing from their membership in an Indian Tribe 
2.14 	by any state action.
2.15 	(d) The state of Minnesota recognizes all federally recognized Indian Tribes as having 
2.16 	the inherent authority to determine their own jurisdiction for any and all Indian child custody 
2.17 	or child placement proceedings regardless of whether the Tribe's members are on or off the 
2.18 	reservation and regardless of the procedural posture of the proceeding.
2.19 	(e) The state of Minnesota has long recognized the importance of Indian children to their 
2.20 	Tribes not only as members of Tribal families and communities, but also as the Tribe's 
2.21 	greatest resource as future members and leaders of the Tribe. The vitality of Indian children 
2.22 	in the state of Minnesota is essential to the health and welfare of both the state and the Tribes 
2.23 	and is essential to the future welfare and continued existence of the child's Tribe.
2.24 	(f) The state of Minnesota recognizes that the historical deprivation of rights of Indian 
2.25 	people and Indian Tribes have led to disparate out-of-home placement of Indian children.

2.26 	Sec. 4. Minnesota Statutes 2022, section 260.755, subdivision 1a, is amended to read:
2.27 		Subd. 1a.Active efforts. "Active efforts" means a rigorous and concerted level of effort 
2.28 	that is ongoing throughout the involvement of the local social services child-placing agency 
2.29 	to continuously involve the Indian child's Tribe and that uses the prevailing social and 
2.30 	cultural values, conditions, and way of life of the Indian child's Tribe to preserve the Indian 
2.31 	child's family and prevent placement of an Indian child and, if placement occurs, to return 
2.32 	the Indian child to the child's family at the earliest possible time. Active efforts sets under 
2.33 	section 260.762 requires a higher standard than reasonable efforts to preserve the family, 
3.1 	prevent breakup of the family, and reunify the family, according to section 260.762. Active 
3.2 	efforts includes include reasonable efforts as required by Title IV-E of the Social Security 
3.3 	Act, United States Code, title 42, sections 670 to 679c.

3.4 	Sec. 5. Minnesota Statutes 2022, section 260.755, subdivision 3, is amended to read:
3.5 		Subd. 3.Child placement proceeding. (a) "Child placement proceeding" includes a 
3.6 	judicial proceeding which could result in the following:
3.7 	(a) (1) "adoptive placement," means meaning the permanent placement of an Indian 
3.8 	child for adoption, including an action resulting in a final decree of adoption.;
3.9 	(b) (2) "involuntary foster care placement," means meaning an action removing an Indian 
3.10 	child from its the child's parents or Indian custodian for temporary placement in a foster 
3.11 	home, institution, or the home of a guardian. The parent or Indian custodian cannot have 
3.12 	the Indian child returned upon demand, but parental rights have not been terminated.;
3.13 	(c) (3) "preadoptive placement," means meaning the temporary placement of an Indian 
3.14 	child in a foster home or institution after the termination of parental rights, before or instead 
3.15 	of adoptive placement.; or
3.16 	(d) (4) "termination of parental rights," means meaning an action resulting in the 
3.17 	termination of the parent-child relationship under section 260C.301.
3.18 	(b) The terms include term child placement proceeding includes all placements where 
3.19 	Indian children are placed out-of-home or away from the care, custody, and control of their 
3.20 	parent or parents or Indian custodian that do not implicate custody between the parents. 
3.21 	Child placement proceeding also includes any placement based upon juvenile status offenses, 
3.22 	but do not include a placement based upon an act which if committed by an adult would be 
3.23 	deemed a crime, or upon an award of custody in a divorce proceeding to one of the parents.

3.24 	Sec. 6. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to 
3.25 	read:
3.26 		Subd. 3a.Child-placing agency. "Child-placing agency" means a public, private, or 
3.27 	nonprofit legal entity: (1) providing assistance to a child and the child's parent or parents; 
3.28 	or (2) placing a child in foster care or for adoption on a voluntary or involuntary basis.

4.1 	Sec. 7. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to 
4.2 	read:
4.3 		Subd. 3b.Child placement. "Child placement" means placement of an Indian child on 
4.4 	a voluntary or involuntary basis in foster care, preadoptive placement, or adoption by a 
4.5 	child-placing agency, parent, parents, Indian custodian, or individual.

4.6 	Sec. 8. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to 
4.7 	read:
4.8 		Subd. 4a.Custody. "Custody" means the physical or legal custody, or both, of an Indian 
4.9 	child under any applicable Tribal law, Tribal custom, or state law. A party may demonstrate 
4.10 	the existence of custody by looking to Tribal law, Tribal custom, or state law.

4.11 	Sec. 9. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision to 
4.12 	read:
4.13 		Subd. 5a.Emergency proceeding. "Emergency proceeding" means and includes any 
4.14 	court action that involves an emergency removal or emergency placement of an Indian child.

4.15 	Sec. 10. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision 
4.16 	to read:
4.17 		Subd. 5b.Extended family member. "Extended family member" is as defined by the 
4.18 	law or custom of the Indian child's Tribe or, in the absence of any law or custom of the 
4.19 	Tribe, is a person who has reached the age of 18 and who is the Indian child's grandparent, 
4.20 	aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or 
4.21 	second cousin, or stepparent.

4.22 	Sec. 11. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision 
4.23 	to read:
4.24 		Subd. 6a.Imminent physical damage or harm. "Imminent physical damage or harm" 
4.25 	means that a child is threatened with immediate and present conditions that are life 
4.26 	threatening or likely to result in abandonment, sexual abuse, or serious physical injury.

4.27 	Sec. 12. Minnesota Statutes 2022, section 260.755, is amended by adding a subdivision 
4.28 	to read:
4.29 		Subd. 16a.Public act. "Public act" means an act of legislation by a political body 
4.30 	affecting the public as a whole.

5.1 	Sec. 13. Minnesota Statutes 2022, section 260.755, subdivision 20, is amended to read:
5.2 		Subd. 20.Tribal court. "Tribal court" means a court with jurisdiction over child custody 
5.3 	proceedings and which is either a court of Indian offenses, or a court established and operated 
5.4 	under the code or custom of an Indian Tribe, or any other administrative body of a Tribe 
5.5 	which is vested with authority over child custody proceedings. Except as provided in section 
5.6 	260.771, subdivision 5, nothing in this chapter shall be construed as conferring jurisdiction 
5.7 	on an Indian Tribe.

5.8 	Sec. 14. Minnesota Statutes 2022, section 260.755, subdivision 22, is amended to read:
5.9 		Subd. 22.Voluntary foster care placement. "Voluntary foster care placement" means 
5.10 	a decision in which there has been participation by a local social services child-placing
5.11 	agency or private child-placing agency resulting in the temporary placement of an Indian 
5.12 	child away from the home of the child's parents or Indian custodian in a foster home, 
5.13 	institution, or the home of a guardian, and the parent or Indian custodian may have the child 
5.14 	returned upon demand.

5.15 	Sec. 15. [260.758] EMERGENCY REMOVAL OR PLACEMENT OF INDIAN 
5.16 	CHILD; TERMINATION; APPROPRIATE ACTION.
5.17 		Subdivision 1.Emergency removal or placement permitted. Nothing in sections 
5.18 	260.751 to 260.835 shall be construed to prevent the emergency removal of an Indian child 
5.19 	from the Indian child's parent or Indian custodian, including an Indian child who is a resident 
5.20 	of or is domiciled on a reservation but temporarily located off the reservation, or the 
5.21 	emergency placement of the Indian child in a foster home or institution under sections 
5.22 	260.751 to 260.835, in order to prevent imminent serious physical damage or harm to the 
5.23 	Indian child.
5.24 		Subd. 2.Temporary emergency jurisdiction of state courts. (a) The child-placing 
5.25 	agency or court shall ensure that the emergency removal or placement terminates immediately 
5.26 	when removal or placement is no longer necessary to prevent imminent physical damage 
5.27 	or harm to the Indian child. The child-placing agency or court shall expeditiously initiate a 
5.28 	child placement proceeding subject to the provisions of sections 260. 751 to 260.835, transfer 
5.29 	the child to the jurisdiction of the appropriate Indian Tribe, or return the Indian child to the 
5.30 	Indian child's parent or Indian custodian as may be appropriate.
5.31 	(b) If the Indian child is a resident of or is domiciled on a reservation but temporarily 
5.32 	located off the reservation, a court of this state has only temporary emergency jurisdiction 
5.33 	until the Indian child is transferred to the jurisdiction of the appropriate Indian Tribe unless 
6.1 	the Indian child's Tribe has expressly declined to exercise its jurisdiction, or the Indian child 
6.2 	is restored to the Indian child's parent or Indian custodian.
6.3 		Subd. 3.Petition for emergency removal; placement requirements. A petition for a 
6.4 	court order authorizing the emergency removal or continued emergency placement of an 
6.5 	Indian child, or the petition's accompanying documents, must contain a statement of the 
6.6 	risk of imminent physical damage or harm to the Indian child and any evidence that the 
6.7 	emergency removal or placement continues to be necessary to prevent imminent physical 
6.8 	damage or harm to the Indian child. The petition or its accompanying documents must also 
6.9 	contain the following information:
6.10 	(1) the name, age, and last known address of the Indian child;
6.11 	(2) the name and address of the Indian child's parents and Indian custodians, if any;
6.12 	(3) the steps taken to provide notice to the Indian child's parents, Indian custodians, and 
6.13 	Tribe about the emergency proceeding;
6.14 	(4) if the Indian child's parents and Indian custodians are unknown, a detailed explanation 
6.15 	of what efforts have been made to locate and contact them;
6.16 	(5) the residence and domicile of the Indian child;
6.17 	(6) if either the residence or domicile of the Indian child is believed to be on a reservation 
6.18 	or in an Alaska Native village, the name of the Tribe affiliated with that reservation or 
6.19 	village;
6.20 	(7) the Tribal affiliation of the Indian child and of the Indian child's parents or Indian 
6.21 	custodians;
6.22 	(8) a specific and detailed account of the circumstances that led the agency responsible 
6.23 	for the emergency removal of the Indian child to take that action;
6.24 	(9) if the child is believed to reside or be domiciled on a reservation where the Tribe 
6.25 	exercises exclusive jurisdiction over Indian child custody matters, a statement of the efforts 
6.26 	that have been made and are being made to contact the Tribe and transfer the Indian child 
6.27 	to the Tribe's jurisdiction; and
6.28 	(10) a statement of the efforts that have been taken to assist the Indian child's parents or 
6.29 	Indian custodians so that the Indian child may safely be returned to their custody.
6.30 		Subd. 4.Emergency proceeding requirements. (a) The court shall hold a hearing no 
6.31 	later than 72 hours, excluding weekends and holidays, after the removal of the Indian child. 
7.1 	The court shall determine whether the emergency removal continues to be necessary to 
7.2 	prevent imminent physical damage or harm to the Indian child.
7.3 	(b) The court shall hold additional hearings whenever new information indicates that 
7.4 	the emergency situation has ended and at any court hearing during the emergency proceeding 
7.5 	to determine whether the emergency removal or placement is no longer necessary to prevent 
7.6 	imminent physical damage or harm to the Indian child.
7.7 		Subd. 5.Termination of emergency removal or placement. (a) An emergency removal 
7.8 	or placement of an Indian child must immediately terminate once the child-placing agency 
7.9 	or court possesses sufficient evidence to determine that the emergency removal or placement 
7.10 	is no longer necessary to prevent imminent physical damage or harm to the Indian child 
7.11 	and the Indian child shall be immediately returned to the custody of the Indian child's parent 
7.12 	or Indian custodian.
7.13 	(b) An emergency removal or placement ends when the Indian child is transferred to 
7.14 	the jurisdiction of the Indian child's Tribe, or when the court orders, after service upon the 
7.15 	Indian child's parents, Indian custodian, and Indian child's Tribe, that the Indian child shall 
7.16 	be placed in foster care upon a determination supported by clear and convincing evidence, 
7.17 	including testimony by a qualified expert witness, that custody of the Indian child by the 
7.18 	Indian child's parent or Indian custodian is likely to result in serious emotional or physical 
7.19 	damage to the Indian child.
7.20 	(c) In no instance shall emergency removal or emergency placement of an Indian child 
7.21 	extend beyond 30 days unless the court finds by a showing of clear and convincing evidence 
7.22 	that: (1) continued emergency removal or placement is necessary to prevent imminent 
7.23 	physical damage or harm to the Indian child; (2) the court has been unable to transfer the 
7.24 	proceeding to the jurisdiction of the Indian child's Tribal court; and (3) it has not been 
7.25 	possible to initiate a child placement proceeding with all of the protections under sections 
7.26 	260.751 to 260.835, including obtaining the testimony of a qualified expert witness.

7.27 	Sec. 16. Minnesota Statutes 2022, section 260.761, is amended to read:
7.28 	260.761 SOCIAL SERVICES AGENCY AND PRIVATE LICENSED 
7.29 	CHILD-PLACING AGENCY INQUIRY OF TRIBAL LINEAGE; NOTICE TO 
7.30 	TRIBES, PARENTS, AND INDIAN CUSTODIANS; ACCESS TO FILES.
7.31 		Subdivision 1.Inquiry of Tribal lineage. The local social services agency or private 
7.32 	licensed child-placing agency or individual petitioner shall inquire of the child, the child's 
7.33 	parents and custodians, and other appropriate persons whether there is any reason to believe 
8.1 	that a child brought to the agency's attention may have lineage to an Indian Tribe. This 
8.2 	inquiry shall occur at the time the child comes to the attention of the local social services
8.3 	child-placing agency or individual petitioner and shall continue throughout the involvement 
8.4 	of the child-placing agency or individual petitioner.
8.5 		Subd. 2.Agency and court notice to Tribes Notice to Tribes of services or court 
8.6 	proceedings involving an Indian child. (a) When a local social services child-placing
8.7 	agency has information that a family assessment or investigation being conducted may 
8.8 	involve an Indian child, the local social services child-placing agency shall notify the Indian 
8.9 	child's Tribe of the family assessment or investigation according to section 260E.18. Initial 
8.10 	notice shall be provided by telephone and by email or facsimile and shall include the child's 
8.11 	full name and date of birth; the full names and dates of birth of the child's biological parents; 
8.12 	and if known the full names and dates of birth of the child's grandparents and of the child's 
8.13 	Indian custodian. If information regarding the child's grandparents or Indian custodian is 
8.14 	not immediately available, the child-placing agency shall continue to request this information 
8.15 	and shall notify the Tribe when it is received. Notice shall be provided to all Tribes to which 
8.16 	the child may have any Tribal lineage. The local social services child-placing agency shall 
8.17 	request that the Tribe or a designated Tribal representative participate in evaluating the 
8.18 	family circumstances, identifying family and Tribal community resources, and developing 
8.19 	case plans. The child-placing agency shall continue to include the Tribe in service planning 
8.20 	and updates as to the progress of the case.
8.21 	(b) When a local social services child-placing agency has information that a child 
8.22 	receiving services may be an Indian child, the local social services child-placing agency 
8.23 	shall notify the Tribe by telephone and by email or facsimile of the child's full name and 
8.24 	date of birth, the full names and dates of birth of the child's biological parents, and, if known, 
8.25 	the full names and dates of birth of the child's grandparents and of the child's Indian 
8.26 	custodian. This notification must be provided so the Tribe can determine if the child is 
8.27 	enrolled in the Tribe a member or eligible for membership in the Tribe, and must be provided 
8.28 	within seven days. If information regarding the child's grandparents or Indian custodian is 
8.29 	not available within the seven-day period, the local social services child-placing agency 
8.30 	shall continue to request this information and shall notify the Tribe when it is received. 
8.31 	Notice shall be provided to all Tribes to which the child may have any Tribal lineage. If the 
8.32 	identity or location of the child's parent or Indian custodian and Tribe cannot be determined, 
8.33 	the local social services agency shall provide the notice required in this paragraph to the 
8.34 	United States secretary of the interior.
9.1 	(c) In accordance with sections 260C.151 and 260C.152 In all child placement 
9.2 	proceedings, when a court has reason to believe that a child placed in emergency protective 
9.3 	care is an Indian child, the court administrator or a designee shall, as soon as possible and 
9.4 	before a hearing takes place, notify the Tribal social services agency by telephone and by 
9.5 	email or facsimile of the date, time, and location of the emergency protective case care or 
9.6 	other initial hearing. The court shall make efforts to allow appearances by telephone for 
9.7 	Tribal representatives, parents, and Indian custodians.
9.8 	(d) The child-placing agency or individual petitioner shall affect service of any petition 
9.9 	governed by sections 260.751 to 260.835 by certified mail or registered mail, return receipt 
9.10 	requested upon the Indian child's parents, Indian custodian, and Indian child's Tribe at least 
9.11 	10 days before the admit-deny hearing is held. If the identity or location of the Indian child's 
9.12 	parents or Indian custodian and Tribe cannot be determined, the child-placing agency shall 
9.13 	provide the notice required in this paragraph to the United States Secretary of the Interior, 
9.14 	Bureau of Indian Affairs by certified mail, return receipt requested.
9.15 	(e) A Tribe may request up to 20 additional days to prepare for the admit-deny hearing. 
9.16 	The court shall allow appearances by telephone, Zoom, or other electronic medium for 
9.17 	Tribal representatives, the child's Indian parents, or the Indian custodian.
9.18 	(d) (f) A local social services child-placing agency or individual petitioner must provide 
9.19 	the notices required under this subdivision at the earliest possible time to facilitate 
9.20 	involvement of the Indian child's Tribe. Nothing in this subdivision is intended to hinder 
9.21 	the ability of the local social services child-placing agency, individual petitioner, and the 
9.22 	court to respond to an emergency situation. Lack of participation by a Tribe shall not prevent 
9.23 	the Tribe from intervening in services and proceedings at a later date. A Tribe may participate 
9.24 	at any time. At any stage of the local social services child-placing agency's involvement 
9.25 	with an Indian child, the agency shall provide full cooperation to the Tribal social services 
9.26 	agency, including disclosure of all data concerning the Indian child. Nothing in this 
9.27 	subdivision relieves the local social services child-placing agency of satisfying the notice 
9.28 	requirements in the Indian Child Welfare Act state or federal law.
9.29 		Subd. 3.Notice of potential preadoptive or adoptive placement. In any voluntary
9.30 	adoptive or preadoptive placement proceeding in which a local social services agency, 
9.31 	private child-placing agency, petitioner in the adoption, or any other, including voluntary 
9.32 	proceedings, where any party or participant has reason to believe that a child who is the 
9.33 	subject of an adoptive or preadoptive placement proceeding is or may be an "Indian child," 
9.34 	as defined in section 260.755, subdivision 8, and United States Code, title 25, section 
9.35 	1903(4), the child-placing agency or person individual petitioner shall notify the Indian 
10.1 	child's Tribal social services agencyTribe by registered mail or certified mail with return 
10.2 	receipt requested of the pending proceeding and of the right of intervention under subdivision 
10.3 	6. If the identity or location of the child's Tribe cannot be determined, the notice must be 
10.4 	given to the United States Secretary of Interior in like manner, who will have 15 days after 
10.5 	receipt of the notice to provide the requisite notice to the Tribe. No preadoptive or adoptive 
10.6 	placement proceeding may be held until at least ten days after receipt of the notice by the 
10.7 	Tribe or the secretary. Upon request, the Tribe must be granted up to 20 additional days to 
10.8 	prepare for the proceeding. The child-placing agency or notifying party individual petitioner
10.9 	shall include in the notice the identity of the birth parents and child absent written objection 
10.10 	by the birth parents. The private child-placing agency shall inform the birth parents of the 
10.11 	Indian child of any services available to the Indian child through the child's Tribal social 
10.12 	services agency, including child placement services, and shall additionally provide the birth 
10.13 	parents of the Indian child with all information sent from the Tribal social services agency 
10.14 	in response to the notice.
10.15 		Subd. 4.Unknown father. If the local social services agency, private child-placing 
10.16 	agency, individual petitioner, the court, petitioner, or any other party has reason to believe 
10.17 	that a child who is the subject of an adoptive a child placement proceeding is or may be an 
10.18 	Indian child but the father of the child is unknown and has not registered with the fathers' 
10.19 	adoption registry pursuant to section 259.52, the child-placing agency or person individual 
10.20 	petitioner shall provide to the Tribe believed to be the Indian child's Tribe information 
10.21 	sufficient to enable the Tribe to determine the child's eligibility for membership in the Tribe, 
10.22 	including, but not limited to, the legal and maiden name of the birth mother, her date of 
10.23 	birth, the names and dates of birth of her parents and grandparents, and, if available, 
10.24 	information pertaining to the possible identity, Tribal affiliation, or location of the birth 
10.25 	father.
10.26 		Subd. 5.Proof of service of notice upon Tribe or secretary. In cases where an a 
10.27 	child-placing agency or party to an adoptive placement knows or has reason to believe that 
10.28 	a child is or may be an Indian child, proof of service upon the child's Tribe or the secretary 
10.29 	of interior must be filed with the adoption petition.
10.30 		Subd. 6.Indian Tribe's right of intervention. In any state court child placement
10.31 	proceeding for the voluntary adoptive or preadoptive placement of an Indian child under 
10.32 	sections 260.751 to 260.835, the Indian child's Tribe shall have a right to intervene at any 
10.33 	point in the proceeding.
10.34 		Subd. 6a.Indian Tribe's access to files. At any stage of the child-placing agency's 
10.35 	involvement with an Indian child, the child-placing agency shall, upon request, give the 
11.1 	Tribal social services agency full cooperation including access to all files concerning the 
11.2 	Indian child. If the files contain confidential or private data, the child-placing agency may 
11.3 	require execution of an agreement with the Tribal social services agency to maintain the 
11.4 	data according to statutory provisions applicable to the data.
11.5 		Subd. 7.Identification of extended family members. Any agency considering placement 
11.6 	of an Indian child shall make active efforts to identify and locate extended family members.

11.7 	Sec. 17. Minnesota Statutes 2022, section 260.7611, is amended to read:
11.8 	260.7611 COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT 
11.9 	ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
11.10 	A Tribe and a county may enter a written agreement transferring responsibility for the 
11.11 	screening and initial response to a child maltreatment report regarding an Indian child 
11.12 	residing in the county where the child's reservation is located, from the county to the Tribe. 
11.13 	An agreement under this subdivision section shall include a provision clarifying whether 
11.14 	the county or the Tribe is responsible for ongoing case management stemming from a child 
11.15 	maltreatment report.

11.16 	Sec. 18. Minnesota Statutes 2022, section 260.762, is amended to read:
11.17 	260.762 DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND PROMOTE 
11.18 	FAMILY REUNIFICATION; ACTIVE EFFORTS.
11.19 		Subdivision 1.Active efforts. Active efforts includes acknowledging traditional helping 
11.20 	and healing systems of an Indian child's Tribe and using these systems as the core to help 
11.21 	and heal the Indian child and family. Active efforts are not required to prevent voluntary 
11.22 	out-of-home placement and to effect voluntary permanency for the Indian child.
11.23 		Subd. 2.Requirements for local social services child-placing agencies. A local social 
11.24 	services child-placing agency shall:
11.25 	(1) work with the Indian child's Tribe and family to develop an alternative plan to 
11.26 	out-of-home placement;
11.27 	(2) before making a decision that may affect an Indian child's safety and well-being or 
11.28 	when contemplating out-of-home placement of an Indian child, seek guidance from the 
11.29 	Indian child's Tribe on family structure, how the family can seek help, what family and 
11.30 	Tribal resources are available, and what barriers the family faces at that time that could 
11.31 	threaten its preservation; and
12.1 	(3) request participation of the Indian child's Tribe at the earliest possible time and 
12.2 	request the Tribe's active participation throughout the case.
12.3 		Subd. 3.Required findings that active efforts were provided. (a) Any party seeking 
12.4 	to affect a termination of parental rights, other permanency action, or a placement where 
12.5 	custody of an Indian child may be temporarily or permanently transferred to a person or 
12.6 	entity who is not the Indian child's parent or Indian custodian, and where the Indian child's 
12.7 	parent or Indian custodian cannot have the Indian child returned to their care upon demand, 
12.8 	must satisfy the court that active efforts have been made to provide remedial services and 
12.9 	rehabilitative programs designed to prevent the breakup of the Indian family and that these 
12.10 	efforts have proved unsuccessful.
12.11 	(b) A court shall not order an out-of-home or permanency placement for an Indian child 
12.12 	unless the court finds that the local social services child-placing agency made active efforts 
12.13 	to, as required by section 260.012 and this section, provide remedial services and 
12.14 	rehabilitative programs designed to prevent the breakup of the Indian child's family, and 
12.15 	that these efforts have proved unsuccessful. To the extent possible, active efforts must be 
12.16 	provided in a manner consistent with the prevailing social and cultural conditions of the 
12.17 	Indian child's Tribe and in partnership with the Indian child, Indian parents, extended family, 
12.18 	and Tribe.
12.19 	(c) Regardless of whether the Indian child's Tribe has intervened in the proceedings, the 
12.20 	court, in determining whether the local social services child-placing agency made active 
12.21 	efforts to preserve the Indian child's family for purposes of out-of-home placement and 
12.22 	permanency, the court shall ensure the provision of active efforts designed to correct the 
12.23 	conditions that lead to the out-of-home placement of the Indian child and shall make findings 
12.24 	regarding whether the following activities were appropriate and necessary, and whether the 
12.25 	local social services child-placing agency made appropriate and meaningful services, whether 
12.26 	listed in this paragraph or not, available to the family based upon that family's specific 
12.27 	needs:
12.28 	(1) whether the local social services child-placing agency made efforts at the earliest 
12.29 	point possible to (i) identify whether a child may be an Indian child as defined in the Indian 
12.30 	Child Welfare Act, United States Code, title 25, section 1903, and section 260.755, 
12.31 	subdivision 8; and (ii) identify and request participation of the Indian child's Tribe at the 
12.32 	earliest point possible and throughout the investigation or assessment, case planning, 
12.33 	provision of services, and case completion;
13.1 	(2) whether the local social services child-placing agency requested that a Tribally 
13.2 	designated representative with substantial knowledge of prevailing social and cultural 
13.3 	standards and child-rearing practices within the Tribal community evaluate the circumstances 
13.4 	of the Indian child's family and, provided the Tribally designated representative with all 
13.5 	information available regarding the case, and requested that the Tribally designated 
13.6 	representative assist in developing a case plan that uses Tribal and Indian community 
13.7 	resources;
13.8 	(3) whether the local social services child-placing agency provided concrete services 
13.9 	and access to both Tribal and non-Tribal services to members of the Indian child's family, 
13.10 	including but not limited to financial assistance, food, housing, health care, transportation, 
13.11 	in-home services, community support services, and specialized services; and whether these 
13.12 	services are being provided in an ongoing manner throughout the agency's involvement 
13.13 	with the family, to directly assist the family in accessing and utilizing services to maintain 
13.14 	the Indian family, or reunify the Indian family as soon as safety can be assured if out-of-home 
13.15 	placement has occurred;
13.16 	(4) whether the child-placing agency made early and ongoing efforts to identify, locate, 
13.17 	and include extended family members;
13.18 	(4) (5) whether the local social services child-placing agency notified and consulted 
13.19 	with the Indian child's extended family members, as identified by the child, the child's 
13.20 	parents, or the Tribe; whether extended family members were consulted to provide support 
13.21 	to the child and parents, to inform the local social services child-placing agency and court 
13.22 	as to cultural connections and family structure, to assist in identifying appropriate cultural 
13.23 	services and supports for the child and parents, and to identify and serve as a placement and 
13.24 	permanency resource for the child; and if there was difficulty contacting or engaging with 
13.25 	extended family members, whether assistance was sought from the Tribe, the Department 
13.26 	of Human Services, or other agencies with expertise in working with Indian families;
13.27 	(5) (6) whether the local social services child-placing agency provided services and 
13.28 	resources to relatives who are considered the primary placement option for an Indian child, 
13.29 	as agreed by the local social services child-placing agency and the Tribe, to overcome 
13.30 	barriers to providing care to an Indian child. Services and resources shall include but are 
13.31 	not limited to child care assistance, financial assistance, housing resources, emergency 
13.32 	resources, and foster care licensing assistance and resources; and
13.33 	(6) (7) whether the local social services child-placing agency arranged for visitation to 
13.34 	occur, whenever possible, in the home of the Indian child's parent, Indian custodian, or 
14.1 	other family member or in another noninstitutional setting, in order to keep the child in 
14.2 	close contact with parents, siblings, and other relatives regardless of the child's age and to 
14.3 	allow the child and those with whom the child visits to have natural, unsupervised interaction 
14.4 	when consistent with protecting the child's safety; and whether the local social services
14.5 	child-placing agency consulted with a Tribal representative to determine and arrange for 
14.6 	visitation in the most natural setting that ensures the child's safety, when the child's safety 
14.7 	requires supervised visitation.

14.8 	Sec. 19. Minnesota Statutes 2022, section 260.765, subdivision 1, is amended to read:
14.9 		Subdivision 1.Determination of Indian child's tribe. The local social services agency 
14.10 	or private licensed child-placing agency shall determine whether a child brought to its 
14.11 	attention for the purposes described in this section is an Indian child and the identity of the 
14.12 	Indian child's Tribe follow the notice provisions in section 260.761.

14.13 	Sec. 20. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision 
14.14 	to read:
14.15 		Subd. 1b.Access to files. At any subsequent stage of a child-placing agency's involvement 
14.16 	with an Indian child, the child-placing agency shall, upon request, give the Tribal social 
14.17 	services agency full cooperation including access to all files concerning the child. If the 
14.18 	files contain confidential or private data, the child-placing agency or individual may require 
14.19 	execution of an agreement with the Tribal social services agency that the Tribal social 
14.20 	services agency shall maintain the data according to statutory provisions applicable to the 
14.21 	data.

14.22 	Sec. 21. Minnesota Statutes 2022, section 260.765, subdivision 2, is amended to read:
14.23 		Subd. 2.Notice. When an Indian child is voluntarily placed in foster care, the local social 
14.24 	services child-placing agency involved in the decision to place the child shall give notice 
14.25 	of the placement to the child's parent, parents, Indian custodian, and the Tribal social services 
14.26 	agency, and the Indian custodian within seven days of placement, excluding weekends and 
14.27 	holidays.
14.28 	If a private licensed child-placing agency makes a temporary voluntary foster care 
14.29 	placement pending a decision on adoption by a parent, notice of the placement shall be 
14.30 	given to the child's parents, Tribal social services agency, and the Indian custodian upon 
14.31 	the filing of a petition for termination of parental rights or three months following the 
14.32 	temporary placement, whichever occurs first.
15.1 	At this and any subsequent stage of its involvement with an Indian child, the agency 
15.2 	shall, upon request, give the Tribal social services agency full cooperation including access 
15.3 	to all files concerning the child. If the files contain confidential or private data, the agency 
15.4 	may require execution of an agreement with the Tribal social services agency that the Tribal 
15.5 	social services agency shall maintain the data according to statutory provisions applicable 
15.6 	to the data.

15.7 	Sec. 22. Minnesota Statutes 2022, section 260.765, subdivision 3, is amended to read:
15.8 		Subd. 3.Notice of administrative review. In an administrative review of a voluntary 
15.9 	foster care placement, the Tribal social services agency of the child, the Indian custodian, 
15.10 	and the parents of the child shall have notice and a right of intervention and participation 
15.11 	in the review.

15.12 	Sec. 23. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision 
15.13 	to read:
15.14 		Subd. 3a.Court requirements for consent. Where any parent or Indian custodian 
15.15 	voluntarily consents to a foster care placement or to termination of parental rights, the 
15.16 	consent shall not be valid unless executed in writing and recorded before a judge and 
15.17 	accompanied by the presiding judge's certificate that the terms and consequences of the 
15.18 	consent were fully explained in detail and were fully understood by the parent or Indian 
15.19 	custodian. The court shall also certify that either the parent or Indian custodian fully 
15.20 	understood the explanation in English or that it was interpreted into a language the parent 
15.21 	or Indian custodian understood. Any consent given prior to, or within ten days after, birth 
15.22 	of the Indian child shall not be valid.

15.23 	Sec. 24. Minnesota Statutes 2022, section 260.765, subdivision 4, is amended to read:
15.24 		Subd. 4.Withdrawal of consent to voluntary placement; return of child in voluntary 
15.25 	placement. Any parent or Indian custodian may withdraw consent to a child placement at 
15.26 	any time and, upon the withdrawal of consent, the child shall be returned to the parent or 
15.27 	the Indian custodian. Upon demand by the parent or Indian custodian of an Indian child, 
15.28 	the local social services agency or private licensed child-placing agency that placed the 
15.29 	child shall return the child in voluntary foster care placement to the parent or Indian custodian 
15.30 	within 24 hours of the receipt of the demand. If the request for return does not satisfy the 
15.31 	requirement of section 260.755, subdivision 5, the local social services agency or private
15.32 	child-placing agency shall immediately inform the parent or Indian custodian of the Indian 
15.33 	child of the requirement.

16.1 	Sec. 25. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision 
16.2 	to read:
16.3 		Subd. 4a.Withdrawal of consent to voluntary termination of parental rights or 
16.4 	adoptive placement; return of custody. In any voluntary proceeding for termination of 
16.5 	parental rights to, or adoptive placement of, an Indian child, the consent of the parent may 
16.6 	be withdrawn for any reason at any time prior to the entry of a final decree of termination 
16.7 	or adoption, as the case may be, and the child shall be returned to the parent.

16.8 	Sec. 26. Minnesota Statutes 2022, section 260.765, is amended by adding a subdivision 
16.9 	to read:
16.10 		Subd. 4b.Collateral attack; vacation of decree and return of custody; 
16.11 	limitations. After the entry of a final decree of adoption of an Indian child in any state 
16.12 	court, the parent may withdraw consent upon the grounds that consent was obtained through 
16.13 	fraud or duress and may petition the court to vacate the decree. Upon a finding that consent 
16.14 	was obtained through fraud or duress, the court shall vacate the decree and return the child 
16.15 	to the parent. No adoption which has been effective for at least two years may be invalidated 
16.16 	under the provisions of this subdivision unless otherwise permitted under a provision of 
16.17 	state law.

16.18 	Sec. 27. Minnesota Statutes 2022, section 260.771, is amended to read:
16.19 	260.771 INVOLUNTARY CHILD PLACEMENT PROCEEDINGS.
16.20 		Subdivision 1.Indian Tribe jurisdiction. (a) An Indian Tribe has exclusive jurisdiction 
16.21 	over a all child placement proceeding proceedings involving an Indian child who resides 
16.22 	or is domiciled within the reservation of the Tribe, except where jurisdiction is otherwise 
16.23 	vested in the state by existing federal law. When
16.24 	(b) Where an Indian child is a ward of the Tribal court, the Indian Tribe retains exclusive 
16.25 	jurisdiction, notwithstanding the residence or domicile of the child unless the Tribe agrees 
16.26 	to allow concurrent jurisdiction with the state.
16.27 	(c) An Indian Tribe and the state of Minnesota share concurrent jurisdiction over a child 
16.28 	placement proceeding involving an Indian child who resides or is domiciled outside of the 
16.29 	reservation of the Tribe.
16.30 		Subd. 1a.Active efforts. In any child placement proceeding, the child-placing agency 
16.31 	or individual petitioner shall ensure that appropriate active efforts as described in section 
16.32 	260.762 are provided to the Indian parent or parents, Indian custodian, and family to support 
17.1 	reunification and preservation of the child's placement with and relationship to the Indian 
17.2 	child's family.
17.3 		Subd. 1b.Placement preference. In any child placement proceeding, the child-placing 
17.4 	agency or individual petitioner shall follow the placement preferences described in 
17.5 	subdivision 7 or, where preferred placement is not available even with the provisions of 
17.6 	active efforts, shall follow subdivision 7, paragraphs (k) to (p).
17.7 		Subd. 1c.Identification of extended family members. Any child-placing agency or 
17.8 	individual petitioner considering placement of an Indian child shall make active efforts to 
17.9 	identify and locate siblings and extended family members and to explore placement with 
17.10 	an extended family member and facilitate continued involvement in the Indian child's life.
17.11 		Subd. 1d.Notice of hearings. The notice provisions in section 260.761 apply to all 
17.12 	involuntary child placement proceedings under this section. An Indian child ten years of 
17.13 	age and older, the Indian child's parent or parents, the Indian custodian, and the Indian 
17.14 	child's Tribe shall have notice of the right to participate in all hearings regarding the Indian 
17.15 	child.
17.16 		Subd. 2.Court determination of Tribal affiliation of child. In any child placement 
17.17 	proceeding, the court shall establish whether an Indian child is involved and the identity of 
17.18 	the Indian child's Tribe. This chapter Sections 260.751 to 260.835 and the federal Indian 
17.19 	Child Welfare Act are applicable without exception in any child custodyplacement
17.20 	proceeding, as defined in the federal act, involving an Indian child. This chapter applies
17.21 	Sections 260.751 to 260.835 apply to child custodyplacement proceedings involving an 
17.22 	Indian child whether the child is in the physical or legal custody of an Indian parent or 
17.23 	parents, Indian custodian, Indian extended family member, or other person at the 
17.24 	commencement of the proceedings. A court shall not determine the applicability of this 
17.25 	chapter sections 260.751 to 260.835 or the federal Indian Child Welfare Act to a child 
17.26 	custodyplacement proceeding based upon whether an Indian child is part of an existing 
17.27 	Indian family or based upon the level of contact a child has with the child's Indian Tribe, 
17.28 	reservation, society, or off-reservation community.
17.29 		Subd. 2a.Right of intervention. In any state court child placement proceeding of an 
17.30 	Indian child, the Indian child's Tribe, parent or parents, and Indian custodian shall have the 
17.31 	right to intervene at any point in the proceeding.
17.32 		Subd. 2b.Appointment of counsel. (a) In any state court child placement proceeding, 
17.33 	the parent or parents or Indian custodian shall have the right to be represented by an attorney. 
18.1 	If the parent or parents or Indian custodian cannot afford an attorney and meet the 
18.2 	requirements of section 611.17, an attorney will be appointed to represent them.
18.3 	(b) In any state court child placement proceeding, any child ten years of age or older 
18.4 	shall have the right to court-appointed counsel.
18.5 		Subd. 2c.Examination of reports or other documents. Each party to a proceeding 
18.6 	under this section involving an Indian child shall have the right to examine all the reports 
18.7 	or other documents filed with the court upon which any decision with respect to the action 
18.8 	may be based.
18.9 		Subd. 2d.Tribal access to files and other documents. At any subsequent stage of the 
18.10 	child-placing agency involvement with an Indian child, the child-placing agency or individual 
18.11 	shall, upon request, give the Tribal social services agency full cooperation including access 
18.12 	to all files concerning the Indian child. If the files contain confidential or private data, the 
18.13 	child-placing agency or individual may require execution of an agreement with the Tribal 
18.14 	social services agency specifying that the Tribal social services agency shall maintain the 
18.15 	data according to statutory provisions applicable to the data.
18.16 		Subd. 3.Transfer of proceedings. (a) In a any child placement proceeding for: (1) the 
18.17 	termination of parental rights; or (2) the involuntary foster care placement of an Indian child 
18.18 	not within the jurisdiction of subdivision 1, the court, in the absence of good cause to the 
18.19 	contrary, shall transfer the proceeding to the jurisdiction of the Tribe absent objection by 
18.20 	either parent, upon. The petition of either to transfer may be filed by the Indian child's
18.21 	parent, the Indian custodian, or the Indian child's Tribe. The transfer is subject to declination 
18.22 	by the Tribal court of the Tribe.
18.23 	(b) In a proceeding for the preadoptive or adoptive placement of an Indian child not 
18.24 	within the jurisdiction of subdivision 1, the court, in the absence of good cause to the 
18.25 	contrary, shall transfer the proceeding to the jurisdiction of the Tribe. The transfer is subject 
18.26 	to declination by the Tribal court of the Tribe. For the purposes of this subdivision, 
18.27 	"preadoptive placement" and "adoptive placement" have the meanings give in section 
18.28 	260.755, subdivision 3.
18.29 	(c) At any point in a proceeding for finalizing a permanency plan, the court, in the 
18.30 	absence of good cause to the contrary and in the absence of an objection by either parent, 
18.31 	shall transfer the proceeding to Tribal court for the purpose of achieving a customary adoption 
18.32 	or other culturally appropriate permanency option. This transfer shall be made upon the 
18.33 	petition of a parent whose parental rights have not been terminated, the Indian custodian, 
19.1 	or the Indian child's Tribe. The transfer is subject to declination by the Tribal court of the 
19.2 	Tribe.
19.3 		Subd. 3a.Good cause to deny transfer. (a) Establishing good cause to deny transfer 
19.4 	of jurisdiction to a Tribal court is a fact-specific inquiry to be determined on a case-by-case 
19.5 	basis. Socioeconomic conditions and the perceived adequacy of Tribal or Bureau of Indian 
19.6 	Affairs social services or judicial systems must not be considered in a determination that 
19.7 	good cause exists. The party opposed to transfer of jurisdiction to a Tribal court has the 
19.8 	burden to prove by clear and convincing evidence that good cause to deny transfer exists. 
19.9 	Opposition to a motion to transfer jurisdiction to Tribal court must be in writing and must 
19.10 	be served upon all parties.
19.11 	(b) The court may find good cause to deny transfer to Tribal court if:
19.12 	(1) the Indian child's Tribe does not have a Tribal court or any other administrative body 
19.13 	of a Tribe vested with authority over child custodyplacement proceedings, as defined by 
19.14 	the Indian Child Welfare Act, United States Code, title 25, chapter 21, to which the case 
19.15 	can be transferred, and no other Tribal court has been designated by the Indian child's Tribe; 
19.16 	or
19.17 	(2) the evidence necessary to decide the case could not be adequately presented in the 
19.18 	Tribal court without undue hardship to the parties or the witnesses and the Tribal court is 
19.19 	unable to mitigate the hardship by any means permitted in the Tribal court's rules. Without 
19.20 	evidence of undue hardship, travel distance alone is not a basis for denying a transfer.
19.21 		Subd. 4.Effect of Tribal court placement orders. To the extent that any child subject 
19.22 	to sections 260.755 to 260.835 is otherwise eligible for social services, orders of a Tribal 
19.23 	court concerning placement of such child shall have the same force and effect as orders of 
19.24 	a court of this state. (a) The court shall give full faith and credit to Tribal court placement 
19.25 	orders. In any case where the Tribal court orders placement through a local social services 
19.26 	agency, the court shall provide toand services, including but not limited to case planning 
19.27 	services, full faith and credit of the Tribal court's order shall be provided so long as the local 
19.28 	agency county of financial responsibility was provided notice and an opportunity to be heard 
19.29 	regarding the placement expenses. Determination of county of financial responsibility for 
19.30 	the placement shall be determined by the local social services child-placing agency in 
19.31 	accordance with section 256G.02, subdivision 4. Disputes concerning the county of financial 
19.32 	responsibility shall be settled in the manner prescribed in section 256G.09.
19.33 	(b) The court shall give full faith and credit to the public acts, records, and judicial 
19.34 	proceedings of any Indian Tribe in all proceedings under sections 260.755 to 260.835. The 
20.1 	courts shall give deference to the Tribe's interpretation of the Tribe's own unique system of 
20.2 	laws. If further interpretation of a Tribe's laws or order is required, the court shall transfer 
20.3 	the proceedings to the jurisdiction of the Tribal court for interpretation of the Tribal court's 
20.4 	order.
20.5 		Subd. 5.Indian Tribe agreements. The commissioner or the child-placing agency is 
20.6 	hereby authorized to enter into agreements with Indian Tribes pursuant to United States 
20.7 	Code, title 25, section 1919, respecting care and custody of Indian children and jurisdiction 
20.8 	over child custody proceedings, including agreements which may provide for orderly transfer 
20.9 	of jurisdiction on a case-by-case basis and agreements which provide for concurrent 
20.10 	jurisdiction between the state and an Indian Tribe.
20.11 		Subd. 6.Qualified expert witness and evidentiary requirements. (a) In an involuntary 
20.12 	foster care placement proceeding, the court must determine by clear and convincing evidence, 
20.13 	including testimony of a qualified expert witness, that continued custody of the child by the 
20.14 	parent or Indian custodian is likely to result in serious emotional damage or serious physical 
20.15 	damage to the child as defined in the Indian Child Welfare Act of 1978, United States Code, 
20.16 	title 25, section 1912(e).
20.17 	In a termination of parental rights proceeding, the court must determine by evidence 
20.18 	beyond a reasonable doubt, including testimony of a qualified expert witness, that continued 
20.19 	custody of the child by the parent or Indian custodian is likely to result in serious emotional 
20.20 	damage or serious physical damage to the child as defined in the Indian Child Welfare Act 
20.21 	of 1978, United States Code, title 25, section 1912(f).
20.22 	In an involuntary permanent transfer of legal and physical custody proceeding, permanent 
20.23 	custody to the agency proceedings, temporary custody to the agency, or other permanency 
20.24 	proceedings, the court must determine by clear and convincing evidence, including testimony 
20.25 	of a qualified expert witness, that the continued custody of the Indian child by the Indian 
20.26 	child's parent or parents or Indian custodian is likely to result in serious emotional damage 
20.27 	or serious physical damage to the child. Qualified expert witness testimony is not required 
20.28 	where custody is transferred to the Indian child's parent.
20.29 	Testimony of a qualified expert witness shall be provided for involuntary foster care 
20.30 	placement and permanency proceedings independently.
20.31 	(b) The local social services child-placing agency, individual petitioner, or any other 
20.32 	party shall make diligent efforts to locate and present to the court a qualified expert witness 
20.33 	designated by the Indian child's Tribe. The qualifications of a qualified expert witness 
21.1 	designated by the Indian child's Tribe are not subject to a challenge in Indian child custody 
21.2 	proceedings.
21.3 	(c) If a party cannot obtain testimony from a Tribally designated qualified expert witness, 
21.4 	the party shall submit to the court the diligent efforts made to obtain a Tribally designated 
21.5 	qualified expert witness.
21.6 	(d) If clear and convincing evidence establishes that a party's diligent efforts cannot 
21.7 	produce testimony from a Tribally designated qualified expert witness, the party shall 
21.8 	demonstrate to the court that a proposed qualified expert witness is, in descending order of 
21.9 	preference:
21.10 	(1) a member of the child's Tribe who is recognized by the Indian child's Tribal 
21.11 	community as knowledgeable in Tribal customs as they pertain to family organization and 
21.12 	child-rearing practices; or
21.13 	(2) an Indian person from an Indian community who has substantial experience in the 
21.14 	delivery of child and family services to Indians and extensive knowledge of prevailing social 
21.15 	and cultural standards and contemporary and traditional child-rearing practices of the Indian 
21.16 	child's Tribe.
21.17 	If clear and convincing evidence establishes that diligent efforts have been made to obtain 
21.18 	a qualified expert witness who meets the criteria in clause (1) or (2), but those efforts have 
21.19 	not been successful, a party may use an expert witness, as defined by the Minnesota Rules 
21.20 	of Evidence, rule 702, who has substantial experience in providing services to Indian families 
21.21 	and who has substantial knowledge of prevailing social and cultural standards and 
21.22 	child-rearing practices within the Indian community. The court or any party may request 
21.23 	the assistance of the Indian child's Tribe or the Bureau of Indian Affairs agency serving the 
21.24 	Indian child's Tribe in locating persons qualified to serve as expert witnesses.
21.25 	(e) The court may allow alternative methods of participation and testimony in state court 
21.26 	proceedings by a qualified expert witness, such as participation or testimony by telephone, 
21.27 	videoconferencing, or other methods.
21.28 		Subd. 7.Order of placement preference; deviation. (a) The court must follow the 
21.29 	order of placement preferences required by the Indian Child Welfare Act of 1978, United 
21.30 	States Code, title 25, section 1915, when placing an Indian child. In all proceedings where 
21.31 	custody of the Indian child may be removed from the parent, the Indian child shall be placed 
21.32 	in the least restrictive setting which most approximates a family and in which the Indian 
21.33 	child's special needs, if any, may be met. The Indian child shall also be placed within 
22.1 	reasonable proximity to the Indian child's home, taking into account any special needs of 
22.2 	the Indian child.
22.3 	(b) In the case of a placement under paragraph (c) or (d), if the Indian child's Tribe has 
22.4 	established a different order of placement preference by resolution, the child-placing agency 
22.5 	and the court shall recognize the Indian child's Tribe's order of placement in the form 
22.6 	provided by the Tribe.
22.7 	(c) Preference shall be given, in the absence of good cause to the contrary, to a placement 
22.8 	with:
22.9 	(1) a noncustodial parent or Indian custodian;
22.10 	(2) a member of the child's extended family;
22.11 	(3) a foster home licensed, approved, or specified by the Indian child's Tribe;
22.12 	(4) an Indian foster home licensed or approved by an authorized non-Indian licensing 
22.13 	authority; or
22.14 	(5) an institution for children approved by an Indian Tribe or operated by an Indian 
22.15 	organization which has a program suitable to meet the Indian child's needs.
22.16 	(d) In any adoptive placement, transfer of custody placement, or other permanency 
22.17 	placement of an Indian child, a preference shall be given, in the absence of good cause to 
22.18 	the contrary, to a placement with:
22.19 	(1) the Indian child's noncustodial parent or Indian custodian;
22.20 	(2) a member of the child's extended family;
22.21 	(3) other members of the Indian child's Tribe; or
22.22 	(4) other persons or entities recognized as appropriate to be a permanency resource for 
22.23 	the Indian child, by the Indian child's parent or parents, Indian custodian, or Indian Tribe.
22.24 	(e) The county shall defer to the judgment of the Indian child's Tribe as to the suitability 
22.25 	of a placement.
22.26 	(f) The court shall consider the preference of the Indian child or parent.
22.27 	(g) The standards to be applied in meeting the preference requirements of this subdivision 
22.28 	shall be the prevailing social and cultural standards of the Indian community in which the 
22.29 	parent or extended family resides or with which the parent or extended family members 
22.30 	maintain social and cultural ties.
23.1 	(h) Whenever an Indian child is removed from a foster care home or institution for the 
23.2 	purpose of further foster care, preadoptive, or adoptive placement, the placement shall be 
23.3 	in accordance with the placement preferences, except in the case where an Indian child is 
23.4 	being returned to the parent or Indian custodian from whose custody the Indian child was 
23.5 	originally removed.
23.6 	(i) A record of each such placement under state law of an Indian child shall be maintained 
23.7 	by the county in which the placement was made and by the Department of Human Services 
23.8 	evidencing the efforts to comply with the order of preference specified in this section. The 
23.9 	record shall be made available at any time upon the request of the Secretary of the Interior 
23.10 	or the Indian child's Tribe.
23.11 	(b) (j) The court may place a child outside the order of shall follow the placement 
23.12 	preferences only if the court determines there is good cause based on in paragraphs (a) to 
23.13 	(i), except as follows:
23.14 	(1) where a parent evidences a desire for anonymity, the child-placing agency and the 
23.15 	court shall give weight to the parent's desire for anonymity in applying the preferences. A 
23.16 	parent's desire for anonymity does not excuse the application of sections 260.751 to 260.835; 
23.17 	or
23.18 	(2) where the court determines there is good cause based on:
23.19 	(1) (i) the reasonable request of the Indian child's parents, if one or both parents attest 
23.20 	that they have reviewed the placement options that comply with the order of placement 
23.21 	preferences;
23.22 	(2) (ii) the reasonable request of the Indian child if the child is able to understand and 
23.23 	comprehend the decision that is being made;
23.24 	(3) (iii) the testimony of a qualified expert designated by the child's Tribe and, if 
23.25 	necessary, testimony from an expert witness who meets qualifications of subdivision 6, 
23.26 	paragraph (d), clause (2), that supports placement outside the order of placement preferences 
23.27 	due to extraordinary physical or emotional needs of the child that require highly specialized 
23.28 	services; or
23.29 	(4) (iv) the testimony by the local social services child-placing agency that a diligent 
23.30 	search has been conducted that did not locate any available, suitable families for the child 
23.31 	that meet the placement preference criteria.
23.32 	(c) (k) Testimony of the child's bonding or attachment to a foster family alone, without 
23.33 	the existence of at least one of the factors in paragraph (b) (j), clause (2), shall not be 
24.1 	considered good cause to keep an Indian child in a lower preference or nonpreference 
24.2 	placement. Ease of visitation and facilitation of relationship with the Indian child's parents, 
24.3 	Indian custodian, extended family, or Tribe may be considered when determining placement.
24.4 	(d) (l) A party who proposes that the required order of placement preferences not be 
24.5 	followed bears the burden of establishing by clear and convincing evidence that good cause 
24.6 	exists to modify the order of placement preferences.
24.7 	(e) (m) If the court finds there is good cause to place the Indian child outside the order 
24.8 	of placement preferences, the court must make written findings.
24.9 	(f) (n) A good cause finding under this subdivision must consider whether active efforts 
24.10 	were provided to extended family members who are considered the primary placement 
24.11 	option to assist them in becoming a placement option for the Indian child as required by 
24.12 	section 260.762.
24.13 	(g) (o) When a an Indian child is placed outside the order of placement preferences, 
24.14 	good cause to continue this placement must be determined at every stage of the proceedings.
24.15 		Subd. 8.Guardian ad litems for Indian children. Guardian ad litems shall be 
24.16 	specifically trained in the provision of services to Indian children, parent or parents, and 
24.17 	Indian custodians under relevant federal and state laws and rules of court pursuant to section 
24.18 	480.35, subdivision 2, clause (3).

24.19 	Sec. 28. [260.774] IMPROPER REMOVAL OF CHILD, DECLINATION OF 
24.20 	JURISDICTION, INVALIDATION, RETURN OF CUSTODY.
24.21 		Subdivision 1.Improper removal. In any proceeding where custody of the Indian child 
24.22 	was improperly removed from the parent or parents or where the petitioner has improperly 
24.23 	retained custody after a visit or other temporary relinquishment of custody, the court shall 
24.24 	decline jurisdiction over the petition and shall immediately return the Indian child to the 
24.25 	Indian child's parent or parents or Indian custodian unless returning the Indian child to the 
24.26 	Indian child's parent or parents or Indian custodian would subject the Indian child to a 
24.27 	substantial and immediate danger or threat of such danger.
24.28 		Subd. 2.Invalidation. (a) Any order for out-of-home placement, transfer of custody, 
24.29 	termination of parental rights, or other permanent change in custody of an Indian child shall 
24.30 	be invalidated upon a showing, by a preponderance of the evidence, that a violation of any 
24.31 	one of the provisions in section 260.761, 260.7611, 260.762, 260.765, or 260.771 has 
24.32 	occurred.
25.1 	(b) The Indian child, the Indian child's parent or parents, guardian, Indian custodian, or 
25.2 	Indian Tribe may file a petition to invalidate under this subdivision.
25.3 	(c) Upon a finding that a violation of one of the provisions in section 260.761, 260.7611, 
25.4 	260.762, 260.765, or 260.771 has occurred, the court shall:
25.5 	(1) dismiss the petition without prejudice; and
25.6 	(2) return the Indian child to the care, custody, and control of the parent or parents or 
25.7 	Indian custodian, unless the Indian child would be subjected to imminent damage or harm.
25.8 		Subd. 3.Return of custody following adoption. (a) Whenever a final decree of adoption 
25.9 	of an Indian child has been vacated, set aside, or there is a termination of the parental rights 
25.10 	of the adoptive parents to the child, a biological parent or prior Indian custodian may petition 
25.11 	for return of custody and the court shall grant the petition unless there is a showing, in 
25.12 	proceedings subject to the provision of sections 260.751 to 260.835, that the return of custody 
25.13 	is not in the best interests of the Indian child.
25.14 	(b) The county attorney, Indian child, Indian child's Tribe, or a parent whose parental 
25.15 	rights were terminated under a previous order of the court may file a petition for the return 
25.16 	of custody.
25.17 	(c) A petition for return of custody may be filed in court when:
25.18 	(1) the parent has corrected the conditions that led to an order terminating parental rights;
25.19 	(2) the parent is willing and has the capability to provide day-to-day care and maintain 
25.20 	the health, safety, and welfare of the Indian child; and
25.21 	(3) the adoption has been vacated, set aside, or termination of the parental rights of the 
25.22 	adoptive parents to the Indian child has occurred.
25.23 	(d) A petition for reestablishment of the legal parent and child relationship for a child 
25.24 	who has not been adopted must meet the requirements in section 260C.329.

25.25 	Sec. 29. [260.7745] COUNTY AND TRIBAL AGREEMENTS; MALTREATMENT 
25.26 	ASSESSMENTS AND INVESTIGATIONS OF INDIAN CHILDREN.
25.27 	A Tribe and a county may enter a written agreement transferring responsibility for the 
25.28 	screening and initial response to a child maltreatment report regarding an Indian child 
25.29 	residing in the county where the child's reservation is located, from the county to the Tribe. 
25.30 	An agreement under this section shall include a provision clarifying whether the county or 
25.31 	the Tribe is responsible for ongoing case management stemming from a child maltreatment 
25.32 	report.

26.1 	Sec. 30. Minnesota Statutes 2022, section 260.781, is amended to read:
26.2 	260.781 RECORDS; INFORMATION AVAILABILITY.
26.3 		Subdivision 1.Court decree information. (a) A state court entering a final decree or 
26.4 	order in an Indian child adoptive placement shall provide the Department of Human Services 
26.5 	and the child's Tribal social services agency with a copy of the decree or order together with 
26.6 	such other information to show:
26.7 	(1) the name and Tribal affiliation of the child;
26.8 	(2) the names and addresses of the biological parents;
26.9 	(3) the names and addresses of the adoptive parents; and
26.10 	(4) the identity of any agency having files or information relating to the adoptive 
26.11 	placement.
26.12 	If the court records contain an affidavit of the biological or adoptive parent or parents 
26.13 	requesting anonymity, the court shall delete the name and address of the biological or 
26.14 	adoptive parents from the information sent to the child's Tribal social services agency. The 
26.15 	court shall include the affidavit with the other information provided to the Minnesota 
26.16 	Department of Human Services and the Secretary of the Interior. The Minnesota Department 
26.17 	of Human Services and the Secretary of the Interior shall ensure that the confidentiality of 
26.18 	the information is maintained and the information shall not be subject to the Freedom of 
26.19 	Information Act, United States Code, title 5, section 552, as amended.
26.20 	(b) For:
26.21 	(1) disclosure of information for enrollment of an Indian child in the Tribe;
26.22 	(2) determination of member rights or benefits; or
26.23 	(3) certification of entitlement to membership upon the request of the adopted Indian 
26.24 	child over the age of eighteen, the adoptive or foster parents of an Indian child, or an Indian 
26.25 	Tribe,
26.26 	the Secretary of the Interior shall disclose any other necessary information for the 
26.27 	membership of an Indian child in the Tribe in which the Indian child may be eligible for 
26.28 	membership or for determining any rights or benefits associated with that membership. 
26.29 	Where the documents relating to the Indian child contain an affidavit from the biological 
26.30 	parent or parents requesting anonymity, the Secretary of the Interior shall certify to the 
26.31 	Indian child's Tribe, where the information warrants, that the Indian child's parentage and 
27.1 	other circumstances of birth entitle the Indian child to membership under the criteria 
27.2 	established by the Tribe.
27.3 		Subd. 2.Disclosure of records. Upon the request of an adopted Indian person over the 
27.4 	age of 18, the adoptive or foster parents of an Indian person, or an Indian Tribal social 
27.5 	services agency, the Department of Human Services shall disclose to the Indian person's 
27.6 	Tribe information necessary for membership of an Indian person in the Tribe in which the 
27.7 	person may be eligible for membership or for determining any rights or benefits associated 
27.8 	with that membership. When the documents relating to the person contain an affidavit from 
27.9 	the biological or adoptive parent or parents requesting anonymity, the department must use 
27.10 	the procedures described in United States Code, title 25, section 1951, paragraph (b)
27.11 	subdivision 1.
27.12 		Subd. 3.Tribal affiliation information. Upon application by an Indian individual who 
27.13 	has reached the age of 18 and who was the subject of an adoptive placement, the court that 
27.14 	entered the final decree shall inform the individual of the Tribal affiliation, if any, of the 
27.15 	individual's biological parents and provide any other necessary information to protect any 
27.16 	rights flowing from the individual's Tribal relationship.

27.17 	Sec. 31. Minnesota Statutes 2022, section 260.785, subdivision 2, is amended to read:
27.18 		Subd. 2.Special focus grants. The commissioner shall establish direct grants to local 
27.19 	social services child-placing agencies, Tribes, Indian organizations, and other organizations 
27.20 	for placement prevention and family reunification services for Indian children.

27.21 	Sec. 32. Minnesota Statutes 2022, section 260.791, is amended to read:
27.22 	260.791 GRANT APPLICATIONS.
27.23 	A Tribe, Indian organization, or Tribal social services agency program located 
27.24 	off-reservation may apply for primary support grants under section 260.785, subdivision 1. 
27.25 	A local social services child-placing agency, Tribe, Indian organization, or other social 
27.26 	service organization may apply for special focus grants under section 260.785, subdivision 
27.27 	2. Civil legal service organizations eligible for grants under section 260.785, subdivision 
27.28 	3, may apply for grants under that section. Application may be made alone or in combination 
27.29 	with other Tribes or Indian organizations.

27.30 	Sec. 33. Minnesota Statutes 2022, section 260.795, subdivision 1, is amended to read:
27.31 		Subdivision 1.Types of services. (a) Eligible Indian child welfare services provided 
27.32 	under primary support grants include:
28.1 	(1) placement prevention and reunification services;
28.2 	(2) family-based services;
28.3 	(3) individual and family counseling;
28.4 	(4) access to professional individual, group, and family counseling;
28.5 	(5) crisis intervention and crisis counseling;
28.6 	(6) development of foster and adoptive placement resources, including recruitment, 
28.7 	licensing, and support;
28.8 	(7) court advocacy;
28.9 	(8) training and consultation to county and private social services agencies regarding 
28.10 	the Indian Child Welfare Act and the Minnesota Indian Family Preservation Act;
28.11 	(9) advocacy in working with the county and private social services agencies, and 
28.12 	activities to help provide access to agency services, including but not limited to 24-hour 
28.13 	caretaker and homemaker services, day care, emergency shelter care up to 30 days in 12 
28.14 	months, access to emergency financial assistance, and arrangements to provide temporary 
28.15 	respite care to a family for up to 72 hours consecutively or 30 days in 12 months;
28.16 	(10) transportation services to the child and parents to prevent placement or reunite the 
28.17 	family; and
28.18 	(11) other activities and services approved by the commissioner that further the goals 
28.19 	of the Indian Child Welfare Act and the Indian Family Preservation Act, including but not 
28.20 	limited to recruitment of Indian staff for local social services child-placing agencies and 
28.21 	licensed child-placing agencies. The commissioner may specify the priority of an activity 
28.22 	and service based on its success in furthering these goals.
28.23 	(b) Eligible services provided under special focus grants include:
28.24 	(1) permanency planning activities that meet the special needs of Indian families;
28.25 	(2) teenage pregnancy;
28.26 	(3) independent living skills;
28.27 	(4) family and community involvement strategies to combat child abuse and chronic 
28.28 	neglect of children;
28.29 	(5) coordinated child welfare and mental health services to Indian families;
29.1 	(6) innovative approaches to assist Indian youth to establish better self-image, decrease 
29.2 	isolation, and decrease the suicide rate;
29.3 	(7) expanding or improving services by packaging and disseminating information on 
29.4 	successful approaches or by implementing models in Indian communities relating to the 
29.5 	development or enhancement of social structures that increase family self-reliance and links 
29.6 	with existing community resources;
29.7 	(8) family retrieval services to help adopted individuals reestablish legal affiliation with 
29.8 	the Indian Tribe; and
29.9 	(9) other activities and services approved by the commissioner that further the goals of 
29.10 	the Indian Child Welfare Act and the Indian Family Preservation Act. The commissioner 
29.11 	may specify the priority of an activity and service based on its success in furthering these 
29.12 	goals.
29.13 	(c) The commissioner shall give preference to programs that use Indian staff, contract 
29.14 	with Indian organizations or Tribes, or whose application is a joint effort between the Indian 
29.15 	and non-Indian community to achieve the goals of the Indian Child Welfare Act and the 
29.16 	Minnesota Indian Family Preservation Act. Programs must have input and support from the 
29.17 	Indian community.

29.18 	Sec. 34. Minnesota Statutes 2022, section 260.805, is amended to read:
29.19 	260.805 CONTINUED LEGAL RESPONSIBILITY OF LOCAL SOCIAL 
29.20 	SERVICES CHILD-PLACING AGENCIES.
29.21 	The legal responsibility of local social services child-placing agencies to provide Indian 
29.22 	child welfare services continues, and existing services must not be reduced because of the 
29.23 	availability of these funds.

29.24 	Sec. 35. Minnesota Statutes 2022, section 260.821, subdivision 2, is amended to read:
29.25 		Subd. 2.Special focus grants. The amount available for grants established under section 
29.26 	260.785, subdivision 2, for local social services child-placing agencies, Tribes, Indian 
29.27 	organizations, and other social services organizations is one-fifth of the total annual 
29.28 	appropriation for Indian child welfare grants. The maximum award under this subdivision 
29.29 	is $100,000 a year for programs approved by the commissioner.

30.1 	Sec. 36. Minnesota Statutes 2022, section 260.835, subdivision 2, is amended to read:
30.2 		Subd. 2.Expiration. The American Indian Child Welfare Advisory Council expires 
30.3 	June 30, 2023. This section does not expire.

30.4 	Sec. 37. [260.836] SEVERABILITY.
30.5 	If any provision in sections 260.751 to 260.835 is held invalid or contrary to the 
30.6 	Constitution of the United States or the Minnesota Constitution or the applicability thereof 
30.7 	to any government, agency, person, or circumstance is held invalid, the validity of the 
30.8 	remainder of the provisions in sections 260.751 to 260.835 and the applicability thereof to 
30.9 	any government, agency, person or circumstance shall not be affected thereby.

30.10 	Sec. 38. REVISOR INSTRUCTION.
 30.11 	(a) The revisor shall renumber each section of Minnesota Statutes in Column A with 
30.12 	the number in Column B.

30.13		Column A
	Column B
	
30.14		260.7611
	260.7745
	
30.15		260.765, subdivision 5
	260.765, subdivision 1a
	
30.16		260.771, subdivision 1
	260.763, subdivision 1
	
30.17		260.771, subdivision 4, paragraph (a)
	260.763, subdivision 2
	
30.18		260.771, subdivision 4, paragraph (b)
	260.763, subdivision 2a
	
30.19		260.771, subdivision 5
	260.763, subdivision 3
	
30.20		260.771, subdivision 3
	260.763, subdivision 4
	
30.21		260.771, subdivision 3a
	260.763, subdivision 5
	
30.22		260.771, subdivision 7
	260.773
	
30.23 	(b) Section 260.763 shall be titled "JURISDICTION AND TRANSFER TO TRIBAL 
30.24 	COURT."
30.25 	(c) Section 260.773 shall be titled "PLACEMENT OF INDIAN CHILDREN." The 
30.26 	revisor shall renumber the paragraphs in 260.771, subdivision 7, into subdivisions under 
30.27 	section 260.773.
30.28 	(d) The revisor shall make necessary cross-reference changes consistent with the 
30.29 	renumbering in this section.

30.30 	Sec. 39. REPEALER.
 30.31 	Minnesota Statutes 2022, section 260.755, subdivision 17, is repealed.

APPENDIX 

Repealed Minnesota Statutes: S0667-1 

260.755 DEFINITIONS.Subd. 17.Private child-placing agency. 
"Private child-placing agency" means a private organization, association, or corporation providing assistance to children and parents in their own homes and placing children in foster care or for adoption.