1.1 	A bill for an act
1.2 	relating to human services; the Department of Human Services child placement 
1.3 	and safety executive bill;amending Minnesota Statutes 2022, sections 243.166, 
1.4 	subdivision 7; 256J.08, subdivision 34a; 256J.28, subdivision 1; 256N.22, 
1.5 	subdivision 10; 256N.24, subdivision 10; 256N.26, subdivisions 15, 16, 18, 21, 
1.6 	22; 256P.05, by adding a subdivision; 259.37, subdivision 2; 259.79, subdivision 
1.7 	1; 259.83, subdivision 4; 260C.178, subdivision 7; 260C.201, subdivision 1; 
1.8 	260C.202; 260C.209, subdivision 1; 260C.212, subdivision 2; 260C.301, 
1.9 	subdivision 1; 260C.515, subdivision 4; 260C.607, subdivisions 1, 6; 260C.611; 
1.10 	260C.613, subdivision 1; 260C.615, subdivision 1; 260E.03, subdivision 23; 
1.11 	393.07, subdivision 10a; Minnesota Statutes 2023 Supplement, sections 119B.011, 
1.12 	subdivision 15; 119B.16, subdivisions 1a, 1c; 119B.161, subdivision 2; 124D.142, 
1.13 	subdivision 2; 144.2252, subdivision 2; 144.2253; 245A.03, subdivision 7; 256.046, 
1.14 	subdivision 3; 256P.06, subdivision 3; 259.83, subdivisions 1, 1b, 3a.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	ARTICLE 1
1.17 	CHILD CARE

1.18 	Section 1. Minnesota Statutes 2023 Supplement, section 119B.16, subdivision 1a, is 
1.19 	amended to read:
1.20 		Subd. 1a.Fair hearing allowed for providers. (a) This subdivision applies to providers 
1.21 	caring for children receiving child care assistance.
1.22 	(b) A provider may request a fair hearing according to sections 256.045 and 256.046 
1.23 	only if a county agency or the commissioner:
1.24 	(1) denies or revokes a provider's authorization, unless the action entitles the provider 
1.25 	to:
1.26 	(i) an administrative review under section 119B.161; or
2.1 	(ii) a contested case hearing or an administrative reconsideration under section 245.095;
2.2 	(2) assigns responsibility for an overpayment to a provider under section 119B.11, 
2.3 	subdivision 2a;
2.4 	(3) establishes an overpayment for failure to comply with section 119B.125, subdivision 
2.5 	6;
2.6 	(4) seeks monetary recovery or recoupment under section 245E.02, subdivision 4, 
2.7 	paragraph (c), clause (2);
2.8 	(5) ends a provider's rate differential under section 119B.13, subdivision 3a or 3b;
2.9 	(5) (6) initiates an administrative fraud disqualification hearing; or
2.10 	(6) (7) issues a payment and the provider disagrees with the amount of the payment.
2.11 	(c) A provider may request a fair hearing by submitting a written request to the 
2.12 	Department of Human Services, Appeals Division state agency. A provider's request must 
2.13 	be received by the Appeals Division state agency no later than 30 days after the date a 
2.14 	county or the commissioner mails sends the notice under subdivision 1c.
2.15 	(d) The provider's appeal request must contain the following:
2.16 	(1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the 
2.17 	dollar amount involved for each disputed item;
2.18 	(2) the computation the provider believes to be correct, if applicable;
2.19 	(3) the statute or rule relied on for each disputed item; and
2.20 	(4) the name, address, and telephone number of the person at the provider's place of 
2.21 	business with whom contact may be made regarding the appeal.

2.22 	EFFECTIVE DATE. This section is effective August 1, 2024.

2.23 	Sec. 2. Minnesota Statutes 2023 Supplement, section 119B.16, subdivision 1c, is amended 
2.24 	to read:
2.25 		Subd. 1c.Notice to providers. (a) Before taking an action appealable under subdivision 
2.26 	1a, paragraph (b), clauses (1) to (5), a county agency or the commissioner must mail send
2.27 	written notice to the provider against whom the action is being taken. Unless otherwise 
2.28 	specified under this chapter, chapter 245E, or Minnesota Rules, chapter 3400, a county 
2.29 	agency or the commissioner must mail send the written notice at least 15 calendar days 
2.30 	before the adverse action's effective date. If the appealable action is a denial of an 
3.1 	authorization under subdivision 1a, paragraph (b), clause (1), the provider's notice is effective 
3.2 	on the date the notice is sent.
3.3 	(b) The notice of adverse action in paragraph (a) shall state (1) the factual basis for the 
3.4 	county agency or department's determination, (2) the action the county agency or department 
3.5 	intends to take, (3) the dollar amount of the monetary recovery or recoupment, if known, 
3.6 	and (4) the provider's right to appeal the department's proposed action.
3.7 	(c) Notice requirements for administrative fraud disqualifications under subdivision 1a, 
3.8 	paragraph (b), clause (6), are set forth in section 256.046, subdivision 3.
3.9 	(d) A provider must receive notices that include:
3.10 	(1) the right to appeal if a county issues a payment and the provider disagrees with the 
3.11 	amount of the payment under subdivision 1a, paragraph (b), clause (7), at the time of 
3.12 	authorization and reauthorization under section 119B.125, subdivision 1; and
3.13 	(2) the amount of each payment when a payment is issued.
3.14 	(e) A provider's request to appeal a payment amount must be received by the state agency 
3.15 	no later than 30 days after the date a county sends the notice informing the provider of its 
3.16 	payment amount.

3.17 	EFFECTIVE DATE. This section is effective August 1, 2024.

3.18 	Sec. 3. Minnesota Statutes 2023 Supplement, section 119B.161, subdivision 2, is amended 
3.19 	to read:
3.20 		Subd. 2.Notice. (a) The commissioner must mail send written notice to a provider within 
3.21 	five days of suspending payment or denying or revoking the provider's authorization under 
3.22 	subdivision 1.
3.23 	(b) The notice must:
3.24 	(1) state the provision under which the commissioner is denying, revoking, or suspending 
3.25 	the provider's authorization or suspending payment to the provider;
3.26 	(2) set forth the general allegations leading to the denial, revocation, or suspension of 
3.27 	the provider's authorization. The notice need not disclose any specific information concerning 
3.28 	an ongoing investigation;
3.29 	(3) state that the denial, revocation, or suspension of the provider's authorization is for 
3.30 	a temporary period and explain the circumstances under which the action expires; and
4.1 	(4) inform the provider of the right to submit written evidence and argument for 
4.2 	consideration by the commissioner.
4.3 	(c) Notwithstanding Minnesota Rules, part 3400.0185, if the commissioner suspends 
4.4 	payment to a provider under chapter 245E or denies or revokes a provider's authorization 
4.5 	under section 119B.13, subdivision 6, paragraph (d), clause (1) or (2), a county agency or 
4.6 	the commissioner must send notice of service authorization closure to each affected family. 
4.7 	The notice sent to an affected family is effective on the date the notice is created.

4.8 	EFFECTIVE DATE. This section is effective August 1, 2024.

4.9 	Sec. 4. Minnesota Statutes 2023 Supplement, section 124D.142, subdivision 2, is amended 
4.10 	to read:
4.11 		Subd. 2.System components. (a) The standards-based voluntary quality rating and 
4.12 	improvement system includes:
4.13 	(1) effective July 1, 2026, at least a one-star rating for all programs licensed under 
4.14 	Minnesota Rules, chapter 9502 or 9503, or Tribally licensed that do not opt out of the system 
4.15 	under paragraph (b) and that are not:
4.16 	(i) the subject of a finding of fraud for which the program or individual is currently 
4.17 	serving a penalty or exclusion;
4.18 	(ii) prohibited from receiving public funds under section 245.095, regardless of whether 
4.19 	the action is under appeal;
4.20 	(iii) under revocation, suspension, temporary immediate suspension, or decertification, 
4.21 	or is operating under a conditional license, regardless of whether the action is under appeal; 
4.22 	or
4.23 	(iv) the subject of suspended, denied, or terminated payments to a provider under section 
4.24 	119B.13, subdivision 6, paragraph (d), clause (1) or (2); 245E.02, subdivision 4, paragraph 
4.25 	(c), clause (4); or 256.98, subdivision 1, regardless of whether the action is under appeal;
4.26 	(2) quality opportunities in order to improve the educational outcomes of children so 
4.27 	that they are ready for school;
4.28 	(3) a framework based on the Minnesota quality rating system rating tool and a common 
4.29 	set of child outcome and program standards informed by evaluation results;
4.30 	(4) a tool to increase the number of publicly funded and regulated early learning and 
4.31 	care services in both public and private market programs that are high quality;
5.1 	(5) voluntary participation ensuring that if a program or provider chooses to participate, 
5.2 	the program or provider will be rated and may receive public funding associated with the 
5.3 	rating; and
5.4 	(6) tracking progress toward statewide access to high-quality early learning and care 
5.5 	programs, progress toward the number of low-income children whose parents can access 
5.6 	quality programs, and progress toward increasing the number of children who are fully 
5.7 	prepared to enter kindergarten.
5.8 	(b) By July 1, 2026, the commissioner of human services shall establish a process by 
5.9 	which a program may opt out of the rating under paragraph (a), clause (1). The commissioner 
5.10 	shall consult with Tribes to develop a process for rating Tribally licensed programs that is 
5.11 	consistent with the goal outlined in paragraph (a), clause (1).

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

5.13 	Sec. 5. Minnesota Statutes 2023 Supplement, section 256.046, subdivision 3, is amended 
5.14 	to read:
5.15 		Subd. 3.Administrative disqualification of child care providers caring for children 
5.16 	receiving child care assistance. (a) The department shall pursue an administrative 
5.17 	disqualification, if the child care provider is accused of committing an intentional program 
5.18 	violation, in lieu of a criminal action when it has not been pursued. Intentional program 
5.19 	violations include intentionally making false or misleading statements; intentionally 
5.20 	misrepresenting, concealing, or withholding facts; and repeatedly and intentionally violating 
5.21 	program regulations under chapters 119B and 245E. Intent may be proven by demonstrating 
5.22 	a pattern of conduct that violates program rules under chapters 119B and 245E.
5.23 	(b) To initiate an administrative disqualification, the commissioner must mail send
5.24 	written notice by certified mail using a signature-verified confirmed delivery method to the 
5.25 	provider against whom the action is being taken. Unless otherwise specified under chapter 
5.26 	119B or 245E or Minnesota Rules, chapter 3400, the commissioner must mail send the 
5.27 	written notice at least 15 calendar days before the adverse action's effective date. The notice 
5.28 	shall state (1) the factual basis for the agency's determination, (2) the action the agency 
5.29 	intends to take, (3) the dollar amount of the monetary recovery or recoupment, if known, 
5.30 	and (4) the provider's right to appeal the agency's proposed action.
5.31 	(c) The provider may appeal an administrative disqualification by submitting a written 
5.32 	request to the Department of Human Services, Appeals Division state agency. A provider's 
6.1 	request must be received by the Appeals Division state agency no later than 30 days after 
6.2 	the date the commissioner mails the notice.
6.3 	(d) The provider's appeal request must contain the following:
6.4 	(1) each disputed item, the reason for the dispute, and, if applicable, an estimate of the 
6.5 	dollar amount involved for each disputed item;
6.6 	(2) the computation the provider believes to be correct, if applicable;
6.7 	(3) the statute or rule relied on for each disputed item; and
6.8 	(4) the name, address, and telephone number of the person at the provider's place of 
6.9 	business with whom contact may be made regarding the appeal.
6.10 	(e) On appeal, the issuing agency bears the burden of proof to demonstrate by a 
6.11 	preponderance of the evidence that the provider committed an intentional program violation.
6.12 	(f) The hearing is subject to the requirements of sections 256.045 and 256.0451. The 
6.13 	human services judge may combine a fair hearing and administrative disqualification hearing 
6.14 	into a single hearing if the factual issues arise out of the same or related circumstances and 
6.15 	the provider receives prior notice that the hearings will be combined.
6.16 	(g) A provider found to have committed an intentional program violation and is 
6.17 	administratively disqualified shall must be disqualified, for a period of three years for the 
6.18 	first offense and permanently for any subsequent offense, from receiving any payments 
6.19 	from any child care program under chapter 119B.
6.20 	(h) Unless a timely and proper appeal made under this section is received by the 
6.21 	department, the administrative determination of the department is final and binding.

6.22 	EFFECTIVE DATE. This section is effective August 1, 2024.

6.23 	ARTICLE 2
6.24 	CHILD WELFARE

6.25 	Section 1. Minnesota Statutes 2022, section 243.166, subdivision 7, is amended to read:
6.26 		Subd. 7.Use of data. (a) Except as otherwise provided in subdivision 4b or 7a or sections 
6.27 	244.052 and 299C.093, the data provided under this section is private data on individuals 
6.28 	under section 13.02, subdivision 12.
6.29 	(b) The data may be used only by law enforcement and corrections agencies for law 
6.30 	enforcement and corrections purposes. Law enforcement or a corrections agent may disclose 
6.31 	the status of an individual as a predatory offender to a child protection worker with a local 
7.1 	welfare agency for purposes of doing a family an investigation or assessment under chapter 
7.2 	260E. A corrections agent may also disclose the status of an individual as a predatory 
7.3 	offender to comply with section 244.057.
7.4 	(c) The commissioner of human services is authorized to have access to the data for:
7.5 	(1) state-operated services, as defined in section 246.014, for the purposes described in 
7.6 	section 246.13, subdivision 2, paragraph (b); and
7.7 	(2) purposes of completing background studies under chapter 245C.

7.8 	Sec. 2. Minnesota Statutes 2023 Supplement, section 245A.03, subdivision 7, is amended 
7.9 	to read:
7.10 		Subd. 7.Licensing moratorium. (a) The commissioner shall not issue an initial license 
7.11 	for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340 which 
7.12 	does not include child foster residence settings with residential program certifications for 
7.13 	compliance with the Family First Prevention Services Act under section 245A.25, subdivision 
7.14 	1, paragraph (a), or adult foster care licensed under Minnesota Rules, parts 9555.5105 to 
7.15 	9555.6265, under this chapter for a physical location that will not be the primary residence 
7.16 	of the license holder for the entire period of licensure. If a child foster residence setting that 
7.17 	was previously exempt from the licensing moratorium under this paragraph has its Family 
7.18 	First Prevention Services Act certification rescinded under section 245A.25, subdivision 9, 
7.19 	or if a family child foster care home or family adult foster care home license is issued during 
7.20 	this moratorium, and the license holder changes the license holder's primary residence away 
7.21 	from the physical location of the foster care license, the commissioner shall revoke the 
7.22 	license according to section 245A.07. The commissioner shall not issue an initial license 
7.23 	for a community residential setting licensed under chapter 245D. When approving an 
7.24 	exception under this paragraph, the commissioner shall consider the resource need 
7.25 	determination process in paragraph (h), the availability of foster care licensed beds in the 
7.26 	geographic area in which the licensee seeks to operate, the results of a person's choices 
7.27 	during their annual assessment and service plan review, and the recommendation of the 
7.28 	local county board. The determination by the commissioner is final and not subject to appeal. 
7.29 	Exceptions to the moratorium include:
7.30 	(1) a license for a person in a foster care setting that is not the primary residence of the 
7.31 	license holder and where at least 80 percent of the residents are 55 years of age or older;
7.32 	(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or 
7.33 	community residential setting licenses replacing adult foster care licenses in existence on 
8.1 	December 31, 2013, and determined to be needed by the commissioner under paragraph 
8.2 	(b);
8.3 	(3) new foster care licenses or community residential setting licenses determined to be 
8.4 	needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD, 
8.5 	or regional treatment center; restructuring of state-operated services that limits the capacity 
8.6 	of state-operated facilities; or allowing movement to the community for people who no 
8.7 	longer require the level of care provided in state-operated facilities as provided under section 
8.8 	256B.092, subdivision 13, or 256B.49, subdivision 24;
8.9 	(4) new foster care licenses or community residential setting licenses determined to be 
8.10 	needed by the commissioner under paragraph (b) for persons requiring hospital-level care; 
8.11 	or
8.12 	(5) new foster care licenses or community residential setting licenses for people receiving 
8.13 	customized living or 24-hour customized living services under the brain injury or community 
8.14 	access for disability inclusion waiver plans under section 256B.49 or elderly waiver plan 
8.15 	under chapter 256S and residing in the customized living setting for which a license is 
8.16 	required. A customized living service provider subject to this exception may rebut the 
8.17 	presumption that a license is required by seeking a reconsideration of the commissioner's 
8.18 	determination. The commissioner's disposition of a request for reconsideration is final and 
8.19 	not subject to appeal under chapter 14. The exception is available until December 31, 2023. 
8.20 	This exception is available when:
8.21 	(i) the person's customized living services are provided in a customized living service 
8.22 	setting serving four or fewer people in a single-family home operational on or before June 
8.23 	30, 2021. Operational is defined in section 256B.49, subdivision 28;
8.24 	(ii) the person's case manager provided the person with information about the choice of 
8.25 	service, service provider, and location of service, including in the person's home, to help 
8.26 	the person make an informed choice; and
8.27 	(iii) the person's services provided in the licensed foster care or community residential 
8.28 	setting are less than or equal to the cost of the person's services delivered in the customized 
8.29 	living setting as determined by the lead agency.
8.30 	(b) The commissioner shall determine the need for newly licensed foster care homes or 
8.31 	community residential settings as defined under this subdivision. As part of the determination, 
8.32 	the commissioner shall consider the availability of foster care capacity in the area in which 
8.33 	the licensee seeks to operate, and the recommendation of the local county board. The 
9.1 	determination by the commissioner must be final. A determination of need is not required 
9.2 	for a change in ownership at the same address.
9.3 	(c) When an adult resident served by the program moves out of a foster home that is not 
9.4 	the primary residence of the license holder according to section 256B.49, subdivision 15, 
9.5 	paragraph (f), or the adult community residential setting, the county shall immediately 
9.6 	inform the Department of Human Services Licensing Division. The department may decrease 
9.7 	the statewide licensed capacity for adult foster care settings.
9.8 	(d) Residential settings that would otherwise be subject to the decreased license capacity 
9.9 	established in paragraph (c) shall must be exempt if the license holder's beds are occupied 
9.10 	by residents whose primary diagnosis is mental illness and the license holder is certified 
9.11 	under the requirements in subdivision 6a or section 245D.33.
9.12 	(e) A resource need determination process, managed at the state level, using the available 
9.13 	data required by section 144A.351, and other data and information shall must be used to 
9.14 	determine where the reduced capacity determined under section 256B.493 will be 
9.15 	implemented. The commissioner shall consult with the stakeholders described in section 
9.16 	144A.351, and employ a variety of methods to improve the state's capacity to meet the 
9.17 	informed decisions of those people who want to move out of corporate foster care or 
9.18 	community residential settings, long-term service needs within budgetary limits, including 
9.19 	seeking proposals from service providers or lead agencies to change service type, capacity, 
9.20 	or location to improve services, increase the independence of residents, and better meet 
9.21 	needs identified by the long-term services and supports reports and statewide data and 
9.22 	information.
9.23 	(f) At the time of application and reapplication for licensure, the applicant and the license 
9.24 	holder that are subject to the moratorium or an exclusion established in paragraph (a) are 
9.25 	required to inform the commissioner whether the physical location where the foster care 
9.26 	will be provided is or will be the primary residence of the license holder for the entire period 
9.27 	of licensure. If the primary residence of the applicant or license holder changes, the applicant 
9.28 	or license holder must notify the commissioner immediately. The commissioner shall print 
9.29 	on the foster care license certificate whether or not the physical location is the primary 
9.30 	residence of the license holder.
9.31 	(g) License holders of foster care homes identified under paragraph (f) that are not the 
9.32 	primary residence of the license holder and that also provide services in the foster care home 
9.33 	that are covered by a federally approved home and community-based services waiver, as 
9.34 	authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human 
10.1 	services licensing division that the license holder provides or intends to provide these 
10.2 	waiver-funded services.
10.3 	(h) The commissioner may adjust capacity to address needs identified in section 
10.4 	144A.351. Under this authority, the commissioner may approve new licensed settings or 
10.5 	delicense existing settings. Delicensing of settings will be accomplished through a process 
10.6 	identified in section 256B.493.
10.7 	(i) The commissioner must notify a license holder when its corporate foster care or 
10.8 	community residential setting licensed beds are reduced under this section. The notice of 
10.9 	reduction of licensed beds must be in writing and delivered to the license holder by certified 
10.10 	mail or personal service. The notice must state why the licensed beds are reduced and must 
10.11 	inform the license holder of its right to request reconsideration by the commissioner. The 
10.12 	license holder's request for reconsideration must be in writing. If mailed, the request for 
10.13 	reconsideration must be postmarked and sent to the commissioner within 20 calendar days 
10.14 	after the license holder's receipt of the notice of reduction of licensed beds. If a request for 
10.15 	reconsideration is made by personal service, it must be received by the commissioner within 
10.16 	20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.
10.17 	(j) The commissioner shall not issue an initial license for children's residential treatment 
10.18 	services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter 
10.19 	for a program that Centers for Medicare and Medicaid Services would consider an institution 
10.20 	for mental diseases. Facilities that serve only private pay clients are exempt from the 
10.21 	moratorium described in this paragraph. The commissioner has the authority to manage 
10.22 	existing statewide capacity for children's residential treatment services subject to the 
10.23 	moratorium under this paragraph and may issue an initial license for such facilities if the 
10.24 	initial license would not increase the statewide capacity for children's residential treatment 
10.25 	services subject to the moratorium under this paragraph.

10.26 	Sec. 3. Minnesota Statutes 2022, section 256N.22, subdivision 10, is amended to read:
10.27 		Subd. 10.Assigning a successor relative custodian for a child's Northstar kinship 
10.28 	assistance. (a) In the event of the death or incapacity of the relative custodian, eligibility 
10.29 	for Northstar kinship assistance and title IV-E assistance, if applicable, is not affected if the 
10.30 	relative custodian is replaced by a successor named in the Northstar kinship assistance 
10.31 	benefit agreement. Northstar kinship assistance shall must be paid to a named successor 
10.32 	who is not the child's legal parent, biological parent or stepparent, or other adult living in 
10.33 	the home of the legal parent, biological parent, or stepparent.
10.34 	(b) In order to receive Northstar kinship assistance, a named successor must:
11.1 	(1) meet the background study requirements in subdivision 4;
11.2 	(2) renegotiate the agreement consistent with section 256N.25, subdivision 2, including 
11.3 	cooperating with an assessment under section 256N.24;
11.4 	(3) be ordered by the court to be the child's legal relative custodian in a modification 
11.5 	proceeding under section 260C.521, subdivision 2; and
11.6 	(4) satisfy the requirements in this paragraph within one year of the relative custodian's 
11.7 	death or incapacity unless the commissioner certifies that the named successor made 
11.8 	reasonable attempts to satisfy the requirements within one year and failure to satisfy the 
11.9 	requirements was not the responsibility of the named successor.
11.10 	(c) Payment of Northstar kinship assistance to the successor guardian may be temporarily 
11.11 	approved through the policies, procedures, requirements, and deadlines under section 
11.12 	256N.28, subdivision 2. Ongoing payment shall begin in the month when all the requirements 
11.13 	in paragraph (b) are satisfied.
11.14 	(d) Continued payment of Northstar kinship assistance may occur in the event of the 
11.15 	death or incapacity of the relative custodian when:
11.16 	(1) no successor has been named in the benefit agreement when or a named successor 
11.17 	is not able or willing to accept custody or guardianship of the child; and
11.18 	(2) the commissioner gives written consent to an individual who is a guardian or custodian 
11.19 	appointed by a court for the child upon the death of both relative custodians in the case of 
11.20 	assignment of custody to two individuals, or the sole relative custodian in the case of 
11.21 	assignment of custody to one individual, unless the child is under the custody of a county, 
11.22 	tribal, or child-placing agency.
11.23 	(e) Temporary assignment of Northstar kinship assistance may be approved for a 
11.24 	maximum of six consecutive months from the death or incapacity of the relative custodian 
11.25 	or custodians as provided in paragraph (a) and must adhere to the policies, procedures, 
11.26 	requirements, and deadlines under section 256N.28, subdivision 2, that are prescribed by 
11.27 	the commissioner. If a court has not appointed a permanent legal guardian or custodian 
11.28 	within six months, the Northstar kinship assistance must terminate and must not be resumed.
11.29 	(f) Upon assignment of assistance payments under paragraphs (d) and (e), assistance 
11.30 	must be provided from funds other than title IV-E.

12.1 	Sec. 4. Minnesota Statutes 2022, section 256N.24, subdivision 10, is amended to read:
12.2 		Subd. 10.Caregiver requests for reassessments. (a) A caregiver may initiate a 
12.3 	reassessment request for an eligible child in writing to the financially responsible agency 
12.4 	or, if there is no financially responsible agency, the agency designated by the commissioner. 
12.5 	The written request must include the reason for the request and the name, address, and 
12.6 	contact information of the caregivers. The caregiver may request a reassessment if at least 
12.7 	six months have elapsed since any previous assessment or reassessment. For an eligible 
12.8 	foster child, a foster parent may request reassessment in less than six months with written 
12.9 	documentation that there have been significant changes in the child's needs that necessitate 
12.10 	an earlier reassessment.
12.11 	(b) A caregiver may request a reassessment of an at-risk child for whom an adoption 
12.12 	assistance agreement has been executed if the caregiver has satisfied the commissioner with 
12.13 	written documentation from a qualified expert that the potential disability upon which 
12.14 	eligibility for the agreement was based has manifested itself, consistent with section 256N.25, 
12.15 	subdivision 3, paragraph (b).
12.16 	(c) If the reassessment cannot be completed within 30 days of the caregiver's request, 
12.17 	the agency responsible for reassessment must notify the caregiver of the reason for the delay 
12.18 	and a reasonable estimate of when the reassessment can be completed.
12.19 	(d) Notwithstanding any provision to the contrary in paragraph (a) or subdivision 9, 
12.20 	when a Northstar kinship assistance agreement or adoption assistance agreement under 
12.21 	section 256N.25 has been signed by all parties, no reassessment may be requested or 
12.22 	conducted until the court finalizes the transfer of permanent legal and physical custody or 
12.23 	finalizes the adoption, or the assistance agreement expires according to section 256N.25, 
12.24 	subdivision 1.

12.25 	Sec. 5. Minnesota Statutes 2022, section 256N.26, subdivision 15, is amended to read:
12.26 		Subd. 15.Payments. (a) Payments to caregivers or youth under Northstar Care for 
12.27 	Children must be made monthly. Consistent with section 256N.24, subdivision 13, the 
12.28 	financially responsible agency must send the caregiver or youth the required written notice 
12.29 	within 15 days of a completed assessment or reassessment.
12.30 	(b) Unless paragraph (c) or, (d), or (e) applies, the financially responsible agency shall 
12.31 	pay foster parents directly for eligible children in foster care.
12.32 	(c) When the legally responsible agency is different than the financially responsible 
12.33 	agency, the legally responsible agency may make the payments to the caregiver or youth, 
13.1 	provided payments are made on a timely basis. The financially responsible agency must 
13.2 	pay the legally responsible agency on a timely basis. Caregivers must have access to the 
13.3 	financially and legally responsible agencies' records of the transaction, consistent with the 
13.4 	retention schedule for the payments.
13.5 	(d) For eligible children in foster care, the financially responsible agency may pay the 
13.6 	foster parent's payment for a licensed child-placing agency instead of paying the foster 
13.7 	parents directly. The licensed child-placing agency must timely pay the foster parents and 
13.8 	maintain records of the transaction. Caregivers must have access to the financially responsible 
13.9 	agency's records of the transaction and the child-placing agency's records of the transaction, 
13.10 	consistent with the retention schedule for the payments.
13.11 	(e) If a foster youth aged 18 to 21 years old is placed in an unlicensed supervised 
13.12 	independent living setting, payments must be made directly to the youth or to a vendor if 
13.13 	the legally responsible agency determines it to be in the youth's best interests. If the legally 
13.14 	responsible agency has reason to believe that the youth is being financially exploited or at 
13.15 	risk of being financially exploited in the approved unlicensed supervised independent living 
13.16 	setting, the legally responsible agency shall advise the financially responsible agency to 
13.17 	make the payments to a vendor.

13.18 	Sec. 6. Minnesota Statutes 2022, section 256N.26, subdivision 16, is amended to read:
13.19 		Subd. 16.Effect of benefit on other aid. Payments received under this section must 
13.20 	not be considered as income for child care assistance under chapter 119B or any other 
13.21 	financial benefit. Consistent with section 256J.24, a child or youth receiving a maintenance 
13.22 	payment under Northstar Care for Children is excluded from any Minnesota family 
13.23 	investment program assistance unit.

13.24 	Sec. 7. Minnesota Statutes 2022, section 256N.26, subdivision 18, is amended to read:
13.25 		Subd. 18.Overpayments. The commissioner has the authority to collect any amount 
13.26 	of foster care payment, adoption assistance, or Northstar kinship assistance paid to a caregiver 
13.27 	or youth in excess of the payment due. Payments covered by this subdivision include basic 
13.28 	maintenance needs payments, supplemental difficulty of care payments, and reimbursement 
13.29 	of home and vehicle modifications under subdivision 10. Prior to any collection, the 
13.30 	commissioner or the commissioner's designee shall notify the caregiver or youth in writing, 
13.31 	including:
13.32 	(1) the amount of the overpayment and an explanation of the cause of overpayment;
14.1 	(2) clarification of the corrected amount;
14.2 	(3) a statement of the legal authority for the decision;
14.3 	(4) information about how the caregiver can correct the overpayment;
14.4 	(5) if repayment is required, when the payment is due and a person to contact to review 
14.5 	a repayment plan;
14.6 	(6) a statement that the caregiver or youth has a right to a fair hearing review by the 
14.7 	department; and
14.8 	(7) the procedure for seeking a fair hearing review by the department.

14.9 	Sec. 8. Minnesota Statutes 2022, section 256N.26, subdivision 21, is amended to read:
14.10 		Subd. 21.Correct and true information. The caregiver or youth must be investigated 
14.11 	for fraud if the caregiver or youth reports information the caregiver or youth knows is untrue, 
14.12 	the caregiver or youth fails to notify the commissioner of changes that may affect eligibility, 
14.13 	or the agency administering the program receives relevant information that the caregiver 
14.14 	or youth did not report.

14.15 	Sec. 9. Minnesota Statutes 2022, section 256N.26, subdivision 22, is amended to read:
14.16 		Subd. 22.Termination notice for caregiver or youth. The agency that issues the 
14.17 	maintenance payment shall provide the child's caregiver or youth with written notice of 
14.18 	termination of payment. Termination notices must be sent at least 15 days before the final 
14.19 	payment or, in the case of an unplanned termination, the notice is sent within three days of 
14.20 	the end of the payment. The written notice must minimally include the following:
14.21 	(1) the date payment will end;
14.22 	(2) the reason payments will end and the event that is the basis to terminate payment;
14.23 	(3) a statement that the provider caregiver or youth has a right to a fair hearing review 
14.24 	by the department consistent with section 256.045, subdivision 3;
14.25 	(4) the procedure to request a fair hearing; and
14.26 	(5) the name, telephone number, and email address of a contact person at the agency.

14.27 	Sec. 10. Minnesota Statutes 2022, section 260C.178, subdivision 7, is amended to read:
14.28 		Subd. 7.Out-of-home placement Case plan. (a) When the court has ordered the child 
14.29 	into the care of a parent under subdivision 1, paragraph (c), clause (1), the child protective 
15.1 	services plan under section 260E.26 must be filed within 30 days of the filing of the juvenile 
15.2 	protection petition under section 260C.141, subdivision 1.
15.3 	(a) (b) When the court orders the child into foster care under subdivision 1, paragraph 
15.4 	(c), clause (2), and not into the care of a parent, an out-of-home placement plan required 
15.5 	under section 260C.212shall must be filed with the court within 30 days of the filing of a 
15.6 	juvenile protection petition under section 260C.141, subdivision 1, when the court orders 
15.7 	emergency removal of the child under this section, or filed with the petition if the petition 
15.8 	is a review of a voluntary placement under section 260C.141, subdivision 2.
15.9 	(b) (c) Upon the filing of the child protective services plan under section 260E.26 or 
15.10 	out-of-home placement plan which that has been developed jointly with the parent and in 
15.11 	consultation with others as required under section 260C.212, subdivision 1, the court may 
15.12 	approve implementation of the plan by the responsible social services agency based on the 
15.13 	allegations contained in the petition and any evaluations, examinations, or assessments 
15.14 	conducted under subdivision 1, paragraph (l) (m). The court shall send written notice of the 
15.15 	approval of the child protective services plan or out-of-home placement plan to all parties 
15.16 	and the county attorney or may state such approval on the record at a hearing. A parent may 
15.17 	agree to comply with the terms of the plan filed with the court.
15.18 	(c) (d) The responsible social services agency shall make reasonable efforts to engage 
15.19 	both parents of the child in case planning. The responsible social service agency shall report 
15.20 	the results of its efforts to engage the child's parents in the child protective services plan or 
15.21 	out-of-home placement plan filed with the court. The agency shall notify the court of the 
15.22 	services it will provide or efforts it will attempt under the plan notwithstanding the parent's 
15.23 	refusal to cooperate or disagreement with the services. The parent may ask the court to 
15.24 	modify the plan to require different or additional services requested by the parent, but which 
15.25 	the agency refused to provide. The court may approve the plan as presented by the agency 
15.26 	or may modify the plan to require services requested by the parent. The court's approval 
15.27 	shall must be based on the content of the petition.
15.28 	(d) (e) Unless the parent agrees to comply with the terms of the child protective services 
15.29 	plan or out-of-home placement plan, the court may not order a parent to comply with the 
15.30 	provisions of the plan until the court finds the child is in need of protection or services and 
15.31 	orders disposition under section 260C.201, subdivision 1. However, the court may find that 
15.32 	the responsible social services agency has made reasonable efforts for reunification if the 
15.33 	agency makes efforts to implement the terms of an the child protective services plan or
15.34 	out-of-home placement plan approved under this section.

16.1 	Sec. 11. Minnesota Statutes 2022, section 260C.201, subdivision 1, is amended to read:
16.2 		Subdivision 1.Dispositions. (a) If the court finds that the child is in need of protection 
16.3 	or services or neglected and in foster care, the court shall enter an order making any of the 
16.4 	following dispositions of the case:
16.5 	(1) place the child under the protective supervision of the responsible social services 
16.6 	agency or child-placing agency in the home of a parent of the child under conditions 
16.7 	prescribed by the court directed to the correction of the child's need for protection or services:
16.8 	(i) the court may order the child into the home of a parent who does not otherwise have 
16.9 	legal custody of the child, however, an order under this section does not confer legal custody 
16.10 	on that parent;
16.11 	(ii) if the court orders the child into the home of a father who is not adjudicated, the 
16.12 	father must cooperate with paternity establishment proceedings regarding the child in the 
16.13 	appropriate jurisdiction as one of the conditions prescribed by the court for the child to 
16.14 	continue in the father's home; and
16.15 	(iii) the court may order the child into the home of a noncustodial parent with conditions 
16.16 	and may also order both the noncustodial and the custodial parent to comply with the 
16.17 	requirements of a case plan under subdivision 2; or
16.18 	(2) transfer legal custody to one of the following:
16.19 	(i) a child-placing agency; or
16.20 	(ii) the responsible social services agency. In making a foster care placement of a child 
16.21 	whose custody has been transferred under this subdivision, the agency shall make an 
16.22 	individualized determination of how the placement is in the child's best interests using the 
16.23 	placement consideration order for relatives and the best interest factors in section 260C.212, 
16.24 	subdivision 2, and may include a child colocated with a parent in a licensed residential 
16.25 	family-based substance use disorder treatment program under section 260C.190; or
16.26 	(3) order a trial home visit without modifying the transfer of legal custody to the 
16.27 	responsible social services agency under clause (2). Trial home visit means the child is 
16.28 	returned to the care of the parent or guardian from whom the child was removed for a period 
16.29 	not to exceed six months. During the period of the trial home visit, the responsible social 
16.30 	services agency:
16.31 	(i) shall continue to have legal custody of the child, which means that the agency may 
16.32 	see the child in the parent's home, at school, in a child care facility, or other setting as the 
16.33 	agency deems necessary and appropriate;
17.1 	(ii) shall continue to have the ability to access information under section 260C.208;
17.2 	(iii) shall continue to provide appropriate services to both the parent and the child during 
17.3 	the period of the trial home visit;
17.4 	(iv) without previous court order or authorization, may terminate the trial home visit in 
17.5 	order to protect the child's health, safety, or welfare and may remove the child to foster care;
17.6 	(v) shall advise the court and parties within three days of the termination of the trial 
17.7 	home visit when a visit is terminated by the responsible social services agency without a 
17.8 	court order; and
17.9 	(vi) shall prepare a report for the court when the trial home visit is terminated whether 
17.10 	by the agency or court order that describes the child's circumstances during the trial home 
17.11 	visit and recommends appropriate orders, if any, for the court to enter to provide for the 
17.12 	child's safety and stability. In the event a trial home visit is terminated by the agency by 
17.13 	removing the child to foster care without prior court order or authorization, the court shall 
17.14 	conduct a hearing within ten days of receiving notice of the termination of the trial home 
17.15 	visit by the agency and shall order disposition under this subdivision or commence 
17.16 	permanency proceedings under sections 260C.503 to 260C.515. The time period for the 
17.17 	hearing may be extended by the court for good cause shown and if it is in the best interests 
17.18 	of the child as long as the total time the child spends in foster care without a permanency 
17.19 	hearing does not exceed 12 months; or
17.20 	(4) if the child has been adjudicated as a child in need of protection or services because 
17.21 	the child is in need of special services or care to treat or ameliorate a physical or mental 
17.22 	disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court 
17.23 	may order the child's parent, guardian, or custodian to provide it. The court may order the 
17.24 	child's health plan company to provide mental health services to the child. Section 62Q.535 
17.25 	applies to an order for mental health services directed to the child's health plan company. 
17.26 	If the health plan, parent, guardian, or custodian fails or is unable to provide this treatment 
17.27 	or care, the court may order it provided. Absent specific written findings by the court that 
17.28 	the child's disability is the result of abuse or neglect by the child's parent or guardian, the 
17.29 	court shall not transfer legal custody of the child for the purpose of obtaining special 
17.30 	treatment or care solely because the parent is unable to provide the treatment or care. If the 
17.31 	court's order for mental health treatment is based on a diagnosis made by a treatment 
17.32 	professional, the court may order that the diagnosing professional not provide the treatment 
17.33 	to the child if it finds that such an order is in the child's best interests; or.
18.1 	(5) if the court believes that the child has sufficient maturity and judgment and that it is 
18.2 	in the best interests of the child, the court may order a child 16 years old or older to be 
18.3 	allowed to live independently, either alone or with others as approved by the court under 
18.4 	supervision the court considers appropriate, if the county board, after consultation with the 
18.5 	court, has specifically authorized this dispositional alternative for a child.
18.6 	(b) If the child was adjudicated in need of protection or services because the child is a 
18.7 	runaway or habitual truant, the court may order any of the following dispositions in addition 
18.8 	to or as alternatives to the dispositions authorized under paragraph (a):
18.9 	(1) counsel the child or the child's parents, guardian, or custodian;
18.10 	(2) place the child under the supervision of a probation officer or other suitable person 
18.11 	in the child's own home under conditions prescribed by the court, including reasonable rules 
18.12 	for the child's conduct and the conduct of the parents, guardian, or custodian, designed for 
18.13 	the physical, mental, and moral well-being and behavior of the child;
18.14 	(3) subject to the court's supervision, transfer legal custody of the child to one of the 
18.15 	following:
18.16 	(i) a reputable person of good moral character. No person may receive custody of two 
18.17 	or more unrelated children unless licensed to operate a residential program under sections 
18.18 	245A.01 to 245A.16; or
18.19 	(ii) a county probation officer for placement in a group foster home established under 
18.20 	the direction of the juvenile court and licensed pursuant to section 241.021;
18.21 	(4) require the child to pay a fine of up to $100. The court shall order payment of the 
18.22 	fine in a manner that will not impose undue financial hardship upon the child;
18.23 	(5) require the child to participate in a community service project;
18.24 	(6) order the child to undergo a chemical dependency evaluation and, if warranted by 
18.25 	the evaluation, order participation by the child in a drug awareness program or an inpatient 
18.26 	or outpatient chemical dependency treatment program;
18.27 	(7) if the court believes that it is in the best interests of the child or of public safety that 
18.28 	the child's driver's license or instruction permit be canceled, the court may order the 
18.29 	commissioner of public safety to cancel the child's license or permit for any period up to 
18.30 	the child's 18th birthday. If the child does not have a driver's license or permit, the court 
18.31 	may order a denial of driving privileges for any period up to the child's 18th birthday. The 
18.32 	court shall forward an order issued under this clause to the commissioner, who shall cancel 
18.33 	the license or permit or deny driving privileges without a hearing for the period specified 
19.1 	by the court. At any time before the expiration of the period of cancellation or denial, the 
19.2 	court may, for good cause, order the commissioner of public safety to allow the child to 
19.3 	apply for a license or permit, and the commissioner shall so authorize;
19.4 	(8) order that the child's parent or legal guardian deliver the child to school at the 
19.5 	beginning of each school day for a period of time specified by the court; or
19.6 	(9) require the child to perform any other activities or participate in any other treatment 
19.7 	programs deemed appropriate by the court.
19.8 	To the extent practicable, the court shall enter a disposition order the same day it makes 
19.9 	a finding that a child is in need of protection or services or neglected and in foster care, but 
19.10 	in no event more than 15 days after the finding unless the court finds that the best interests 
19.11 	of the child will be served by granting a delay. If the child was under eight years of age at 
19.12 	the time the petition was filed, the disposition order must be entered within ten days of the 
19.13 	finding and the court may not grant a delay unless good cause is shown and the court finds 
19.14 	the best interests of the child will be served by the delay.
19.15 	(c) If a child who is 14 years of age or older is adjudicated in need of protection or 
19.16 	services because the child is a habitual truant and truancy procedures involving the child 
19.17 	were previously dealt with by a school attendance review board or county attorney mediation 
19.18 	program under section 260A.06 or 260A.07, the court shall order a cancellation or denial 
19.19 	of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th 
19.20 	birthday.
19.21 	(d) In the case of a child adjudicated in need of protection or services because the child 
19.22 	has committed domestic abuse and been ordered excluded from the child's parent's home, 
19.23 	the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing 
19.24 	to provide an alternative safe living arrangement for the child, as defined in Laws 1997, 
19.25 	chapter 239, article 10, section 2.
19.26 	(e) When a parent has complied with a case plan ordered under subdivision 6 and the 
19.27 	child is in the care of the parent, the court may order the responsible social services agency 
19.28 	to monitor the parent's continued ability to maintain the child safely in the home under such 
19.29 	terms and conditions as the court determines appropriate under the circumstances.

19.30 	Sec. 12. Minnesota Statutes 2022, section 260C.202, is amended to read:
19.31 	260C.202 COURT REVIEW OF FOSTER CARE DISPOSITION.
19.32 		Subdivision 1.Court review for a child in the home of a parent under protective 
19.33 	supervision. If the court orders a child into the home of a parent under the protective 
20.1 	supervision of the responsible social services agency or child-placing agency under section 
20.2 	260C.201, subdivision 1, paragraph (a), clause (1), the court shall review the child protective 
20.3 	services plan under section 260E.26 at least every 90 days. The court shall notify the parents 
20.4 	of the provisions of sections 260C.503 to 260C.521, as required under juvenile court rules.
20.5 		Subd. 2.Court review for a child placed in foster care. (a) If the court orders a child 
20.6 	placed in foster care, the court shall review the out-of-home placement plan and the child's 
20.7 	placement at least every 90 days as required in juvenile court rules to determine whether 
20.8 	continued out-of-home placement is necessary and appropriate or whether the child should 
20.9 	be returned home.
20.10 	(b) This review is not required if the court has returned the child home, ordered the child 
20.11 	permanently placed away from the parent under sections 260C.503 to 260C.521, or 
20.12 	terminated rights under section 260C.301. Court review for a child permanently placed 
20.13 	away from a parent, including where the child is under guardianship of the commissioner, 
20.14 	shall be is governed by section 260C.607.
20.15 	(c) When a child is placed in a qualified residential treatment program setting as defined 
20.16 	in section 260C.007, subdivision 26d, the responsible social services agency must submit 
20.17 	evidence to the court as specified in section 260C.712.
20.18 	(b) (d) No later than three months after the child's placement in foster care, the court 
20.19 	shall review agency efforts to search for and notify relatives pursuant to section 260C.221, 
20.20 	and order that the agency's efforts begin immediately, or continue, if the agency has failed 
20.21 	to perform, or has not adequately performed, the duties under that section. The court must 
20.22 	order the agency to continue to appropriately engage relatives who responded to the notice 
20.23 	under section 260C.221 in placement and case planning decisions and to consider relatives 
20.24 	for foster care placement consistent with section 260C.221. Notwithstanding a court's finding 
20.25 	that the agency has made reasonable efforts to search for and notify relatives under section 
20.26 	260C.221, the court may order the agency to continue making reasonable efforts to search 
20.27 	for, notify, engage, and consider relatives who came to the agency's attention after sending 
20.28 	the initial notice under section 260C.221.
20.29 	(c) (e) The court shall review the out-of-home placement plan and may modify the plan 
20.30 	as provided under section 260C.201, subdivisions 6 and 7.
20.31 	(d) (f) When the court transfers the custody of a child to a responsible social services 
20.32 	agency resulting in foster care or protective supervision with a noncustodial parent under 
20.33 	subdivision 1, the court shall notify the parents of the provisions of sections 260C.204 and 
20.34 	260C.503 to 260C.521, as required under juvenile court rules.
21.1 	(e) (g) When a child remains in or returns to foster care pursuant to section 260C.451
21.2 	and the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), 
21.3 	the court shall at least annually conduct the review required under section 260C.203.

21.4 	Sec. 13. Minnesota Statutes 2022, section 260C.209, subdivision 1, is amended to read:
21.5 		Subdivision 1.Subjects. The responsible social services agency may have access to the 
21.6 	criminal history and history of child and adult maltreatment on the following individuals:
21.7 	(1) a noncustodial parent or nonadjudicated parent who is being assessed for purposes 
21.8 	of providing day-to-day care of a child temporarily or permanently under section 260C.219
21.9 	and any member of the parent's household who is over the age of 13 when there is a 
21.10 	reasonable cause to believe that the parent or household member over age 13 has a criminal 
21.11 	history or a history of maltreatment of a child or vulnerable adult which that would endanger 
21.12 	the child's health, safety, or welfare;
21.13 	(2) an individual whose suitability for relative placement under section 260C.221 is 
21.14 	being determined and any member of the relative's individual's household who is over the 
21.15 	age of 13 when:
21.16 	(i) the relative must be licensed for foster care; or
21.17 	(i) the individual is being considered for relative placement under section 260C.221;
21.18 	(ii) the background study is required under section 259.53, subdivision 2; or
21.19 	(iii) the agency or the commissioner has reasonable cause to believe the relative or 
21.20 	household member over the age of 13 has a criminal history which would not make a petition 
21.21 	to transfer of permanent legal and physical custody to the relative under has been filed 
21.22 	according to section 260C.515, subdivision 4, in the child's best interest paragraph (d), and 
21.23 	the relative is not pursuing Northstar kinship assistance eligibility for the child under chapter 
21.24 	256N; and
21.25 	(3) a parent, following an out-of-home placement, when the responsible social services 
21.26 	agency has reasonable cause to believe that the parent has been convicted of a crime directly 
21.27 	related to the parent's capacity to maintain the child's health, safety, or welfare or the parent 
21.28 	is the subject of an open investigation of, or has been the subject of a substantiated allegation 
21.29 	of, child or vulnerable-adult maltreatment within the past ten years.
21.30 	"Reasonable cause" means that the agency has received information or a report from the 
21.31 	subject or a third person that creates an articulable suspicion that the individual has a history 
21.32 	that may pose a risk to the health, safety, or welfare of the child. The information or report 
22.1 	must be specific to the potential subject of the background check and shall must not be 
22.2 	based on the race, religion, ethnic background, age, class, or lifestyle of the potential subject.

22.3 	Sec. 14. Minnesota Statutes 2022, section 260C.212, subdivision 2, is amended to read:
22.4 		Subd. 2.Placement decisions based on best interests of the child. (a) The policy of 
22.5 	the state of Minnesota is to ensure that the child's best interests are met by requiring an 
22.6 	individualized determination of the needs of the child in consideration of paragraphs (a) to 
22.7 	(f), and of how the selected placement will serve the current and future needs of the child 
22.8 	being placed. The authorized child-placing agency shall place a child, released by court 
22.9 	order or by voluntary release by the parent or parents, in a family foster home selected by 
22.10 	considering placement with relatives in the following order:
22.11 	(1) with an individual who is related to the child by blood, marriage, or adoption, 
22.12 	including the legal parent, guardian, or custodian of the child's sibling; or
22.13 	(2) with an individual who is an important friend of the child or of the child's parent or 
22.14 	custodian, including an individual with whom the child has resided or had significant contact 
22.15 	or who has a significant relationship to the child or the child's parent or custodian.
22.16 	For an Indian child, the agency shall follow the order of placement preferences in the Indian 
22.17 	Child Welfare Act of 1978, United States Code, title 25, section 1915.
22.18 	(b) Among the factors the agency shall consider in determining the current and future 
22.19 	needs of the child are the following:
22.20 	(1) the child's current functioning and behaviors;
22.21 	(2) the medical needs of the child;
22.22 	(3) the educational needs of the child;
22.23 	(4) the developmental needs of the child;
22.24 	(5) the child's history and past experience;
22.25 	(6) the child's religious and cultural needs;
22.26 	(7) the child's connection with a community, school, and faith community;
22.27 	(8) the child's interests and talents;
22.28 	(9) the child's current and long-term needs regarding relationships with parents, siblings, 
22.29 	relatives, and other caretakers;
23.1 	(10) the reasonable preference of the child, if the court, or the child-placing agency in 
23.2 	the case of a voluntary placement, deems the child to be of sufficient age to express 
23.3 	preferences; and
23.4 	(11) for an Indian child, the best interests of an Indian child as defined in section 260.755, 
23.5 	subdivision 2a.
23.6 	When placing a child in foster care or in a permanent placement based on an individualized 
23.7 	determination of the child's needs, the agency must not use one factor in this paragraph to 
23.8 	the exclusion of all others, and the agency shall consider that the factors in paragraph (b) 
23.9 	may be interrelated.
23.10 	(c) Placement of a child cannot be delayed or denied based on race, color, or national 
23.11 	origin of the foster parent or the child.
23.12 	(d) Siblings should be placed together for foster care and adoption at the earliest possible 
23.13 	time unless it is documented that a joint placement would be contrary to the safety or 
23.14 	well-being of any of the siblings or unless it is not possible after reasonable efforts by the 
23.15 	responsible social services agency. In cases where siblings cannot be placed together, the 
23.16 	agency is required to provide frequent visitation or other ongoing interaction between 
23.17 	siblings unless the agency documents that the interaction would be contrary to the safety 
23.18 	or well-being of any of the siblings.
23.19 	(e) Except for emergency placement as provided for in section 245A.035, The following 
23.20 	requirements must be satisfied before the approval of a foster or adoptive placement in a 
23.21 	related or unrelated home: (1) a completed background study under section 245C.08; and 
23.22 	(2) a completed review of the written home study required under section 260C.215, 
23.23 	subdivision 4, clause (5), or 260C.611, to assess the capacity of the prospective foster or 
23.24 	adoptive parent to ensure the placement will meet the needs of the individual child. For 
23.25 	adoptive placements in a related or unrelated home, the home must meet the requirements 
23.26 	of section 260C.611.
23.27 	(f) The agency must determine whether colocation with a parent who is receiving services 
23.28 	in a licensed residential family-based substance use disorder treatment program is in the 
23.29 	child's best interests according to paragraph (b) and include that determination in the child's 
23.30 	case plan under subdivision 1. The agency may consider additional factors not identified 
23.31 	in paragraph (b). The agency's determination must be documented in the child's case plan 
23.32 	before the child is colocated with a parent.
24.1 	(g) The agency must establish a juvenile treatment screening team under section 260C.157 
24.2 	to determine whether it is necessary and appropriate to recommend placing a child in a 
24.3 	qualified residential treatment program, as defined in section 260C.007, subdivision 26d.
24.4 	(h) A child in foster care must not be placed in an unlicensed emergency relative 
24.5 	placement under section 245A.035 or licensed family foster home when the responsible 
24.6 	social service agency is aware that a prospective foster parent, license applicant, license 
24.7 	holder, or adult household member has a permanent disqualification under section 245C.15, 
24.8 	subdivision 4a, paragraphs (a) and (b).

24.9 	Sec. 15. Minnesota Statutes 2022, section 260C.301, subdivision 1, is amended to read:
24.10 		Subdivision 1.Voluntary and involuntary. The juvenile court may upon petition, 
24.11 	terminate all rights of a parent to a child:
24.12 	(a) with the written consent of a parent who for good cause desires to terminate parental 
24.13 	rights; or
24.14 	(b) if it finds that one or more of the following conditions exist:
24.15 	(1) that the parent has abandoned the child;
24.16 	(2) that the parent has substantially, continuously, or repeatedly refused or neglected to 
24.17 	comply with the duties imposed upon that parent by the parent and child relationship, 
24.18 	including but not limited to providing the child with necessary food, clothing, shelter, 
24.19 	education, and other care and control necessary for the child's physical, mental, or emotional 
24.20 	health and development, if the parent is physically and financially able, and either reasonable 
24.21 	efforts by the social services agency have failed to correct the conditions that formed the 
24.22 	basis of the petition or reasonable efforts would be futile and therefore unreasonable;
24.23 	(3) that a parent has been ordered to contribute to the support of the child or financially 
24.24 	aid in the child's birth and has continuously failed to do so without good cause. This clause 
24.25 	shall not be construed to state a grounds for termination of parental rights of a noncustodial 
24.26 	parent if that parent has not been ordered to or cannot financially contribute to the support 
24.27 	of the child or aid in the child's birth;
24.28 	(4) (3) that a parent is palpably unfit to be a party to the parent and child relationship 
24.29 	because of a consistent pattern of specific conduct before the child or of specific conditions 
24.30 	directly relating to the parent and child relationship either of which are determined by the 
24.31 	court to be of a duration or nature that renders the parent unable, for the reasonably 
24.32 	foreseeable future, to care appropriately for the ongoing physical, mental, or emotional 
24.33 	needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent 
25.1 	and child relationship upon a showing that the parent's parental rights to one or more other 
25.2 	children were involuntarily terminated or that the parent's custodial rights to another child 
25.3 	have been involuntarily transferred to a relative under Minnesota Statutes 2010, section 
25.4 	260C.201, subdivision 11, paragraph (e), clause (1), section 260C.515, subdivision 4, or a 
25.5 	similar law of another jurisdiction;
25.6 	(5) (4) that following the child's placement out of the home, reasonable efforts, under 
25.7 	the direction of the court, have failed to correct the conditions leading to the child's 
25.8 	placement. It is presumed that reasonable efforts under this clause have failed upon a showing 
25.9 	that:
25.10 	(i) a child has resided out of the parental home under court order for a cumulative period 
25.11 	of 12 months within the preceding 22 months. In the case of a child under age eight at the 
25.12 	time the petition was filed alleging the child to be in need of protection or services, the 
25.13 	presumption arises when the child has resided out of the parental home under court order 
25.14 	for six months unless the parent has maintained regular contact with the child and the parent 
25.15 	is complying with the out-of-home placement plan;
25.16 	(ii) the court has approved the out-of-home placement plan required under section 
25.17 	260C.212 and filed with the court under section 260C.178;
25.18 	(iii) conditions leading to the out-of-home placement have not been corrected. It is 
25.19 	presumed that conditions leading to a child's out-of-home placement have not been corrected 
25.20 	upon a showing that the parent or parents have not substantially complied with the court's 
25.21 	orders and a reasonable case plan; and
25.22 	(iv) reasonable efforts have been made by the social services agency to rehabilitate the 
25.23 	parent and reunite the family.
25.24 	This clause does not prohibit the termination of parental rights prior to one year, or in 
25.25 	the case of a child under age eight, prior to six months after a child has been placed out of 
25.26 	the home.
25.27 	It is also presumed that reasonable efforts have failed under this clause upon a showing 
25.28 	that:
25.29 	(A) the parent has been diagnosed as chemically dependent by a professional certified 
25.30 	to make the diagnosis;
25.31 	(B) the parent has been required by a case plan to participate in a chemical dependency 
25.32 	treatment program;
26.1 	(C) the treatment programs offered to the parent were culturally, linguistically, and 
26.2 	clinically appropriate;
26.3 	(D) the parent has either failed two or more times to successfully complete a treatment 
26.4 	program or has refused at two or more separate meetings with a caseworker to participate 
26.5 	in a treatment program; and
26.6 	(E) the parent continues to abuse chemicals.
26.7 	(6) (5) that a child has experienced egregious harm in the parent's care which that is of 
26.8 	a nature, duration, or chronicity that indicates a lack of regard for the child's well-being, 
26.9 	such that a reasonable person would believe it contrary to the best interest of the child or 
26.10 	of any child to be in the parent's care;
26.11 	(7) (6) that in the case of a child born to a mother who was not married to the child's 
26.12 	father when the child was conceived nor when the child was born the person is not entitled 
26.13 	to notice of an adoption hearing under section 259.49 and the person has not registered with 
26.14 	the fathers' adoption registry under section 259.52;
26.15 	(8) (7) that the child is neglected and in foster care; or
26.16 	(9) (8) that the parent has been convicted of a crime listed in section 260.012, paragraph 
26.17 	(g), clauses (1) to (5).
26.18 	In an action involving an American Indian child, sections 260.751 to 260.835 and the 
26.19 	Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to 
26.20 	the extent that the provisions of this section are inconsistent with those laws.

26.21 	Sec. 16. Minnesota Statutes 2022, section 260C.515, subdivision 4, is amended to read:
26.22 		Subd. 4.Transfer of permanent legal and physical custody to relative. (a) The court 
26.23 	may order a transfer of permanent legal and physical custody to:
26.24 	(1) a parent. The court must find that the parent understands a transfer of permanent 
26.25 	legal and physical custody includes permanent, ongoing responsibility for the protection, 
26.26 	education, care, and control of the child and decision making on behalf of the child until 
26.27 	adulthood; or
26.28 	(2) a fit and willing relative in the best interests of the child according to the following
26.29 	requirements: in paragraph (b).
26.30 	(1) (b) An order for transfer of permanent legal and physical custody to a relative shall
26.31 	must only be made after the court has reviewed the suitability of the prospective legal and 
26.32 	physical custodian;, including a summary of information obtained from required background 
27.1 	studies under section 245C.33 or 260C.209, if the court finds the permanency disposition 
27.2 	to be in the child's best interests.
27.3 	(2) In transferring permanent legal and physical custody to a relative, the juvenile court 
27.4 	shall follow the standards applicable under this chapter and chapter 260, and the procedures 
27.5 	in the Minnesota Rules of Juvenile Protection Procedure;. The court must issue written 
27.6 	findings that include the following:
27.7 	(1) the prospective legal and physical custodian understands that:
27.8 	(3) (i) a transfer of permanent legal and physical custody includes permanent, ongoing 
27.9 	responsibility for the protection, education, care, and control of the child and decision 
27.10 	making on behalf of the child until adulthood; and
27.11 	(4) (ii) a permanent legal and physical custodian may shall not return a child to the 
27.12 	permanent care of a parent from whom the court removed custody without the court's 
27.13 	approval and without notice to the responsible social services agency;
27.14 	(2) transfer of permanent legal and physical custody and receipt of Northstar kinship 
27.15 	assistance under chapter 256N, when requested and the child is eligible, are in the child's 
27.16 	best interests;
27.17 	(3) when the agency files the petition under paragraph (c) or supports the petition filed 
27.18 	under paragraph (d), adoption is not in the child's best interests based on the determinations 
27.19 	in the kinship placement agreement required under section 256N.22, subdivision 2;
27.20 	(4) the agency made efforts to discuss adoption with the child's parent or parents, or the 
27.21 	agency did not make efforts to discuss adoption and the reasons why efforts were not made; 
27.22 	and
27.23 	(5) there are reasons to separate siblings during placement, if applicable.
27.24 	(5) (c) The responsible social services agency may file a petition naming a fit and willing 
27.25 	relative as a proposed permanent legal and physical custodian. A petition for transfer of 
27.26 	permanent legal and physical custody to a relative who is not a parent shall include facts 
27.27 	upon which the court can determine suitability of the proposed custodian, including a 
27.28 	summary of results from required background studies completed under section 245C.33. 
27.29 	The petition must be accompanied by a kinship placement agreement under section 256N.22, 
27.30 	subdivision 2, between the agency and proposed permanent legal and physical custodian;.
27.31 	(6) (d) Another party to the permanency proceeding regarding the child may file a petition 
27.32 	to transfer permanent legal and physical custody to a relative. The petition must include 
27.33 	facts upon which the court can make the determination determinations required under clause 
28.1 	(7) and paragraph (b), including suitability of the proposed custodian and, if completed, a 
28.2 	summary of results from required background studies completed under section 245C.33 or 
28.3 	260C.209. If background studies have not been completed at the time of filing the petition, 
28.4 	they must be completed and a summary of results provided to the court prior to the court 
28.5 	granting the petition or finalizing the order according to paragraph (e). The petition must 
28.6 	be filed not no later than the date for the required admit-deny hearing under section 260C.507; 
28.7 	or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must 
28.8 	be filed not later than 30 days prior to the trial required under section 260C.509;.
28.9 	(7) where a petition is for transfer of permanent legal and physical custody to a relative 
28.10 	who is not a parent, the court must find that:
28.11 	(i) transfer of permanent legal and physical custody and receipt of Northstar kinship 
28.12 	assistance under chapter 256N, when requested and the child is eligible, are in the child's 
28.13 	best interests;
28.14 	(ii) adoption is not in the child's best interests based on the determinations in the kinship 
28.15 	placement agreement required under section 256N.22, subdivision 2;
28.16 	(iii) the agency made efforts to discuss adoption with the child's parent or parents, or 
28.17 	the agency did not make efforts to discuss adoption and the reasons why efforts were not 
28.18 	made; and
28.19 	(iv) there are reasons to separate siblings during placement, if applicable;
28.20 	(8) (e) The court may:
28.21 	(1) defer finalization of an order transferring permanent legal and physical custody to a 
28.22 	relative when deferring finalization is necessary to determine eligibility for Northstar kinship 
28.23 	assistance under chapter 256N;
28.24 	(9) the court may (2) finalize a permanent transfer of permanent legal and physical and 
28.25 	legal custody to a relative regardless of eligibility for Northstar kinship assistance under 
28.26 	chapter 256N, provided that the court has reviewed the suitability of the proposed custodian, 
28.27 	including the summary of background study results, consistent with paragraph (b); and
28.28 	(10) the juvenile court may (3) following a transfer of permanent legal and physical 
28.29 	custody to a relative, maintain jurisdiction over the responsible social services agency, the 
28.30 	parents or guardian of the child, the child, and the permanent legal and physical custodian 
28.31 	for purposes of ensuring appropriate services are delivered to the child and permanent legal 
28.32 	custodian for the purpose of ensuring conditions ordered by the court related to the care and 
28.33 	custody of the child are met.

29.1 	Sec. 17. Minnesota Statutes 2022, section 260C.607, subdivision 1, is amended to read:
29.2 		Subdivision 1.Review hearings. (a) The court shall conduct a review of the responsible 
29.3 	social services agency's reasonable efforts to finalize adoption for any child under the 
29.4 	guardianship of the commissioner and of the progress of the case toward adoption at least 
29.5 	every 90 days after the court issues an order that the commissioner is the guardian of the 
29.6 	child.
29.7 	(b) The review of progress toward adoption shall continue notwithstanding that an appeal 
29.8 	is made of the order for guardianship or termination of parental rights.
29.9 	(c) The agency's reasonable efforts to finalize the adoption must continue during the 
29.10 	pendency of the appeal under paragraph (b) or subdivision 6, paragraph (h), and all progress 
29.11 	toward adoption shall continue except that the court may not finalize an adoption while the 
29.12 	appeal is pending.

29.13 	Sec. 18. Minnesota Statutes 2022, section 260C.607, subdivision 6, is amended to read:
29.14 		Subd. 6.Motion and hearing to order adoptive placement. (a) At any time after the 
29.15 	district court orders the child under the guardianship of the commissioner of human services, 
29.16 	but not later than 30 days after receiving notice required under section 260C.613, subdivision 
29.17 	1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's 
29.18 	foster parent may file a motion for an order for adoptive placement of a child who is under 
29.19 	the guardianship of the commissioner if the relative or the child's foster parent:
29.20 	(1) has an adoption home study under section 259.41 or 260C.611 approving the relative 
29.21 	or foster parent for adoption. If the relative or foster parent does not have an adoption home 
29.22 	study, an affidavit attesting to efforts to complete an adoption home study may be filed with 
29.23 	the motion instead. The affidavit must be signed by the relative or foster parent and the 
29.24 	responsible social services agency or licensed child-placing agency completing the adoption 
29.25 	home study. The relative or foster parent must also have been a resident of Minnesota for 
29.26 	at least six months before filing the motion; the court may waive the residency requirement 
29.27 	for the moving party if there is a reasonable basis to do so; or
29.28 	(2) is not a resident of Minnesota, but has an approved adoption home study by an agency 
29.29 	licensed or approved to complete an adoption home study in the state of the individual's 
29.30 	residence and the study is filed with the motion for adoptive placement. If the relative or 
29.31 	foster parent does not have an adoption home study in the relative or foster parent's state 
29.32 	of residence, an affidavit attesting to efforts to complete an adoption home study may be 
30.1 	filed with the motion instead. The affidavit must be signed by the relative or foster parent 
30.2 	and the agency completing the adoption home study.
30.3 	(b) The motion shall must be filed with the court conducting reviews of the child's 
30.4 	progress toward adoption under this section. The motion and supporting documents must 
30.5 	make a prima facie showing that the agency has been unreasonable in failing to make the 
30.6 	requested adoptive placement. The motion must be served according to the requirements 
30.7 	for motions under the Minnesota Rules of Juvenile Protection Procedure and shall must be 
30.8 	made on all individuals and entities listed in subdivision 2.
30.9 	(c) If the motion and supporting documents do not make a prima facie showing for the 
30.10 	court to determine whether the agency has been unreasonable in failing to make the requested 
30.11 	adoptive placement, the court shall dismiss the motion. If the court determines a prima facie 
30.12 	basis is made, the court shall set the matter for evidentiary hearing.
30.13 	(d) At the evidentiary hearing, the responsible social services agency shall proceed first 
30.14 	with evidence about the reason for not making the adoptive placement proposed by the 
30.15 	moving party. When the agency presents evidence regarding the child's current relationship 
30.16 	with the identified adoptive placement resource, the court must consider the agency's efforts 
30.17 	to support the child's relationship with the moving party consistent with section 260C.221. 
30.18 	The moving party then has the burden of proving by a preponderance of the evidence that 
30.19 	the agency has been unreasonable in failing to make the adoptive placement.
30.20 	(e) The court shall review and enter findings regarding whether the agency, in making 
30.21 	an adoptive placement decision for the child:
30.22 	(1) considered relatives for adoptive placement in the order specified under section 
30.23 	260C.212, subdivision 2, paragraph (a); and
30.24 	(2) assessed how the identified adoptive placement resource and the moving party are 
30.25 	each able to meet the child's current and future needs, based on an individualized 
30.26 	determination of the child's needs, as required under sections 260C.212, subdivision 2, and 
30.27 	260C.613, subdivision 1, paragraph (b).
30.28 	(f) At the conclusion of the evidentiary hearing, if the court finds that the agency has 
30.29 	been unreasonable in failing to make the adoptive placement and that the moving party is 
30.30 	the most suitable adoptive home to meet the child's needs using the factors in section 
30.31 	260C.212, subdivision 2, paragraph (b), the court may:
30.32 	(1) order the responsible social services agency to make an adoptive placement in the 
30.33 	home of the moving party if the moving party has an approved adoption home study; or
31.1 	(2) order the responsible social services agency to place the child in the home of the 
31.2 	moving party upon approval of an adoption home study. The agency must promote and 
31.3 	support the child's ongoing visitation and contact with the moving party until the child is 
31.4 	placed in the moving party's home. The agency must provide an update to the court after 
31.5 	90 days, including progress and any barriers encountered. If the moving party does not have 
31.6 	an approved adoption home study within 180 days, the moving party and the agency must 
31.7 	inform the court of any barriers to obtaining the approved adoption home study during a 
31.8 	review hearing under this section. If the court finds that the moving party is unable to obtain 
31.9 	an approved adoption home study, the court must dismiss the order for adoptive placement 
31.10 	under this subdivision and order the agency to continue making reasonable efforts to finalize 
31.11 	the adoption of the child as required under section 260C.605.
31.12 	(g) If, in order to ensure that a timely adoption may occur, the court orders the responsible 
31.13 	social services agency to make an adoptive placement under this subdivision, the agency 
31.14 	shall:
31.15 	(1) make reasonable efforts to obtain a fully executed adoption placement agreement, 
31.16 	including assisting the moving party with the adoption home study process;
31.17 	(2) work with the moving party regarding eligibility for adoption assistance as required 
31.18 	under chapter 256N; and
31.19 	(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval 
31.20 	of the adoptive placement through the Interstate Compact on the Placement of Children.
31.21 	(h) Denial or granting of a motion for an order for adoptive placement after an evidentiary 
31.22 	hearing is an order which that may be appealed by the responsible social services agency, 
31.23 	the moving party, the child, when age ten or over, the child's guardian ad litem, and any 
31.24 	individual who had a fully executed adoption placement agreement regarding the child at 
31.25 	the time the motion was filed if the court's order has the effect of terminating the adoption 
31.26 	placement agreement. An appeal shall must be conducted according to the requirements of 
31.27 	the Rules of Juvenile Protection Procedure. Pursuant to subdivision 1, paragraph (c), the 
31.28 	court shall not finalize an adoption while an appeal is pending.

31.29 	Sec. 19. Minnesota Statutes 2022, section 260C.611, is amended to read:
31.30 	260C.611 ADOPTION STUDY REQUIRED.
31.31 	(a) An adoption study under section 259.41 approving placement of the child in the 
31.32 	home of the prospective adoptive parent shall must be completed before placing any child 
31.33 	under the guardianship of the commissioner in a home for adoption. If a prospective adoptive 
32.1 	parent has a current child foster care license under chapter 245A and is seeking to adopt a 
32.2 	foster child who is placed in the prospective adoptive parent's home and is under the 
32.3 	guardianship of the commissioner according to section 260C.325, subdivision 1, the child 
32.4 	foster care home study meets the requirements of this section for an approved adoption 
32.5 	home study if:
32.6 	(1) the written home study on which the foster care license was based is completed in 
32.7 	the commissioner's designated format, consistent with the requirements in sections 259.41, 
32.8 	subdivision 2; and 260C.215, subdivision 4, clause (5); and Minnesota Rules, part 2960.3060, 
32.9 	subpart 4;
32.10 	(2) the background studies on each prospective adoptive parent and all required household 
32.11 	members were completed according to section 245C.33;
32.12 	(3) the commissioner has not issued, within the last three years, a sanction on the license 
32.13 	under section 245A.07 or an order of a conditional license under section 245A.06 within 
32.14 	the last three years, or the commissioner has determined it to be in the child's best interests 
32.15 	to allow the child foster care home study to meet requirements of an approved adoption 
32.16 	home study upon review of the legally responsible agency's adoptive placement decision; 
32.17 	and
32.18 	(4) the legally responsible agency determines that the individual needs of the child are 
32.19 	being met by the prospective adoptive parent through an assessment under section 256N.24, 
32.20 	subdivision 2, or a documented placement decision consistent with section 260C.212, 
32.21 	subdivision 2.
32.22 	(b) If a prospective adoptive parent has previously held a foster care license or adoptive 
32.23 	home study, any update necessary to the foster care license, or updated or new adoptive 
32.24 	home study, if not completed by the licensing authority responsible for the previous license 
32.25 	or home study, shall include collateral information from the previous licensing or approving 
32.26 	agency, if available.

32.27 	Sec. 20. Minnesota Statutes 2022, section 260C.613, subdivision 1, is amended to read:
32.28 		Subdivision 1.Adoptive placement decisions. (a) The responsible social services agency 
32.29 	has exclusive authority to make an adoptive placement of decision for a child under the 
32.30 	guardianship of the commissioner. The child shall be considered is legally placed for adoption 
32.31 	when the adopting parent, the agency, and the commissioner have fully executed an adoption 
32.32 	placement agreement on the form prescribed by the commissioner.
33.1 	(b) The responsible social services agency shall use an individualized determination of 
33.2 	the child's current and future needs, pursuant to section 260C.212, subdivision 2, paragraph 
33.3 	(b), to determine the most suitable adopting parent for the child in the child's best interests. 
33.4 	The responsible social services agency must consider adoptive placement of the child with 
33.5 	relatives in the order specified in section 260C.212, subdivision 2, paragraph (a).
33.6 	(c) The responsible social services agency shall notify the court and parties entitled to 
33.7 	notice under section 260C.607, subdivision 2, when there is a fully executed adoption 
33.8 	placement agreement for the child.
33.9 	(d) Pursuant to section 260C.615, subdivision 1, paragraph (b), clause (4), the responsible 
33.10 	social services agency shall immediately notify the commissioner if the agency learns of 
33.11 	any new or previously undisclosed criminal or maltreatment information involving an 
33.12 	adoptive placement of a child under guardianship of the commissioner.
33.13 	(d) (e) In the event a party to an adoption placement agreement terminates the agreement, 
33.14 	the responsible social services agency shall notify the court, the parties entitled to notice 
33.15 	under section 260C.607, subdivision 2, and the commissioner that the agreement and the 
33.16 	adoptive placement have terminated.

33.17 	Sec. 21. Minnesota Statutes 2022, section 260C.615, subdivision 1, is amended to read:
33.18 		Subdivision 1.Duties. (a) For any child who is under the guardianship of the 
33.19 	commissioner, the commissioner has the exclusive rights to consent to:
33.20 	(1) the medical care plan for the treatment of a child who is at imminent risk of death 
33.21 	or who has a chronic disease that, in a physician's judgment, will result in the child's death 
33.22 	in the near future including a physician's order not to resuscitate or intubate the child; and
33.23 	(2) the child donating a part of the child's body to another person while the child is living; 
33.24 	the decision to donate a body part under this clause shall take into consideration the child's 
33.25 	wishes and the child's culture.
33.26 	(b) In addition to the exclusive rights under paragraph (a), the commissioner has a duty 
33.27 	to:
33.28 	(1) process any complete and accurate request for home study and placement through 
33.29 	the Interstate Compact on the Placement of Children under section 260.851;
33.30 	(2) process any complete and accurate application for adoption assistance forwarded by 
33.31 	the responsible social services agency according to chapter 256N;
34.1 	(3) review and process an adoption placement agreement forwarded to the commissioner 
34.2 	by the responsible social services agency and return it to the agency in a timely fashion; 
34.3 	and
34.4 	(4) review new or previously undisclosed information received from the agency or other 
34.5 	individuals or entities that may impact the health, safety, or well-being of a child who is 
34.6 	the subject of a fully executed adoption placement agreement; and
34.7 	(4) (5) maintain records as required in chapter 259.

34.8 	Sec. 22. Minnesota Statutes 2022, section 260E.03, subdivision 23, is amended to read:
34.9 		Subd. 23.Threatened injury. (a) "Threatened injury" means a statement, overt act, 
34.10 	condition, or status that represents a substantial risk of physical or sexual abuse or mental 
34.11 	injury.
34.12 	(b) Threatened injury includes, but is not limited to, exposing a child to a person 
34.13 	responsible for the child's care, as defined in subdivision 17, who has:
34.14 	(1) subjected a child to, or failed to protect a child from, an overt act or condition that 
34.15 	constitutes egregious harm under subdivision 5 or a similar law of another jurisdiction;
34.16 	(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph 
34.17 	(b), clause (4), or a similar law of another jurisdiction;
34.18 	(3) committed an act that resulted in an involuntary termination of parental rights under 
34.19 	section 260C.301, or a similar law of another jurisdiction; or
34.20 	(4) committed an act that resulted in the involuntary transfer of permanent legal and 
34.21 	physical custody of a child to a relative or parent under Minnesota Statutes 2010, section 
34.22 	260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a 
34.23 	similar law of another jurisdiction.
34.24 	(c) A child is the subject of a report of threatened injury when the local welfare agency 
34.25 	receives birth match data under section 260E.14, subdivision 4, from the Department of 
34.26 	Human Services.

35.1 	ARTICLE 3
35.2 	ECONOMIC ASSISTANCE

35.3 	Section 1. Minnesota Statutes 2023 Supplement, section 119B.011, subdivision 15, is 
35.4 	amended to read:
35.5 		Subd. 15.Income. "Income" means earned income as defined under section 256P.01, 
35.6 	subdivision 3,; unearned income as defined under section 256P.01, subdivision 8,; income 
35.7 	under Minnesota Rules, part 3400.0170; and public assistance cash benefits, including the 
35.8 	Minnesota family investment program, work benefit, Minnesota supplemental aid, general 
35.9 	assistance, refugee cash assistance, at-home infant child care subsidy payments, and child 
35.10 	support and maintenance distributed to the family under section 256.741, subdivision 2a.
35.11 	The following are deducted from income: funds used to pay for health insurance 
35.12 	premiums for family members, and child or spousal support paid to or on behalf of a person 
35.13 	or persons who live outside of the household. Income sources not included in this subdivision 
35.14 	and; section 256P.06, subdivision 3,; and Minnesota Rules, part 3400.0170, are not counted 
35.15 	as income.

35.16 	Sec. 2. Minnesota Statutes 2022, section 256J.08, subdivision 34a, is amended to read:
35.17 		Subd. 34a.Family violence. (a) "Family violence" means the following, if committed 
35.18 	against a family or household member by a family or household member:
35.19 	(1) physical harm, bodily injury, or assault;
35.20 	(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or
35.21 	(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal 
35.22 	sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or 
35.23 	609.3451; or interference with an emergency call within the meaning of section 609.78, 
35.24 	subdivision 2.
35.25 	(b) For the purposes of family violence, "family or household member" means:
35.26 	(1) spouses and former spouses;
35.27 	(2) parents and children;
35.28 	(3) persons related by blood;
35.29 	(4) persons who are residing together or who have resided together in the past;
35.30 	(5) persons who have a child in common regardless of whether they have been married 
35.31 	or have lived together at any time;
36.1 	(6) a man and woman if the woman is pregnant and the man is alleged to be the father, 
36.2 	regardless of whether they have been married or have lived together at anytime; and
36.3 	(7) persons involved in a current or past significant romantic or sexual relationship.

36.4 	Sec. 3. Minnesota Statutes 2022, section 256J.28, subdivision 1, is amended to read:
36.5 		Subdivision 1.Expedited issuance of the Supplemental Nutrition Assistance Program 
36.6 	(SNAP) benefits. The following households are entitled to expedited issuance of SNAP 
36.7 	benefits assistance:
36.8 	(1) households with less than $150 in monthly gross income provided their liquid assets 
36.9 	do not exceed $100;
36.10 	(2) migrant or seasonal farm worker households who are destitute as defined in Code 
36.11 	of Federal Regulations, title 7, subtitle B, chapter 2, subchapter C, part 273, section 273.10, 
36.12 	paragraph (e)(3), provided their liquid assets do not exceed $100; and
36.13 	(3) eligible households whose combined monthly gross income and liquid resources are 
36.14 	less than the household's monthly rent or mortgage and utilities.
36.15 	For any month an individual receives expedited SNAP benefits, the individual is not 
36.16 	eligible for the MFIP food portion of assistance.

36.17 	Sec. 4. Minnesota Statutes 2022, section 256P.05, is amended by adding a subdivision to 
36.18 	read:
36.19 		Subd. 4.Rental income. Rental income is subject to the requirements of this section.

36.20 	Sec. 5. Minnesota Statutes 2023 Supplement, section 256P.06, subdivision 3, is amended 
36.21 	to read:
36.22 		Subd. 3.Income inclusions. The following must be included in determining the income 
36.23 	of an assistance unit:
36.24 	(1) earned income; and
36.25 	(2) unearned income, which includes:
36.26 	(i) interest and dividends from investments and savings;
36.27 	(ii) capital gains as defined by the Internal Revenue Service from any sale of real property;
36.28 	(iii) proceeds from rent and contract for deed payments in excess of the principal and 
36.29 	interest portion owed on property;
37.1 	(iv) income from trusts, excluding special needs and supplemental needs trusts;
37.2 	(v) interest income from loans made by the participant or household;
37.3 	(vi) cash prizes and winnings;
37.4 	(vii) unemployment insurance income that is received by an adult member of the 
37.5 	assistance unit unless the individual receiving unemployment insurance income is:
37.6 	(A) 18 years of age and enrolled in a secondary school; or
37.7 	(B) 18 or 19 years of age, a caregiver, and is enrolled in school at least half-time;
37.8 	(viii) for the purposes of programs under chapters 256D and 256I, retirement, survivors, 
37.9 	and disability insurance payments;
37.10 	(ix) retirement benefits;
37.11 	(x) cash assistance benefits, as defined by each program in chapters 119B, 256D, 256I, 
37.12 	and 256J;
37.13 	(xi) income from members of the United States armed forces unless excluded from 
37.14 	income taxes according to federal or state law;
37.15 	(xii) for the purposes of programs under chapters 119B, 256D, and 256I, all child support 
37.16 	payments;
37.17 	(xiii) for the purposes of programs under chapter 256J, the amount of child support 
37.18 	received that exceeds $100 for assistance units with one child and $200 for assistance units 
37.19 	with two or more children;
37.20 	(xiv) spousal support;
37.21 	(xv) workers' compensation; and
37.22 	(xvi) for the purposes of programs under chapters 119B and 256J, the amount of 
37.23 	retirement, survivors, and disability insurance payments that exceeds the applicable monthly 
37.24 	federal maximum Supplemental Security Income payments.

37.25 	Sec. 6. Minnesota Statutes 2022, section 393.07, subdivision 10a, is amended to read:
37.26 		Subd. 10a.Expedited issuance of SNAP benefits. The commissioner of human services 
37.27 	shall continually monitor the expedited issuance of SNAP benefits to ensure that each county 
37.28 	complies with federal regulations and that households eligible for expedited issuance of 
37.29 	SNAP benefits are identified, processed, and certified within the time frames prescribed in 
37.30 	federal regulations.
38.1 	County SNAP benefits offices shall screen applicants on the day of application. 
38.2 	Applicants who meet the federal criteria for expedited issuance and have an immediate need 
38.3 	for food assistance shall receive within five working days the issuance of SNAP benefits.
38.4 	The local SNAP agency shall conspicuously post in each SNAP office a notice of the 
38.5 	availability of and the procedure for applying for expedited issuance and verbally advise 
38.6 	each applicant of the availability of the expedited process.

38.7 	ARTICLE 4
38.8 	ADOPTION RECORDS

38.9 	Section 1. Minnesota Statutes 2023 Supplement, section 144.2252, subdivision 2, is 
38.10 	amended to read:
38.11 		Subd. 2.Release of original birth record. (a) The state registrar must provide to an 
38.12 	adopted person who is 18 years of age or older or a person related to the adopted person a 
38.13 	copy of the adopted person's original birth record and any evidence of the adoption previously 
38.14 	filed with the state registrar. To receive a copy of an original birth record under this 
38.15 	subdivision, the adopted person or person related to the adopted person must make the 
38.16 	request to the state registrar in writing. The copy of the original birth record must clearly 
38.17 	indicate that it may not be used for identification purposes. All procedures, fees, and waiting 
38.18 	periods applicable to a nonadopted person's request for a copy of a birth record apply in the 
38.19 	same manner as requests made under this section.
38.20 	(b) If a contact preference form is attached to the original birth record as authorized 
38.21 	under section 144.2253, the state registrar must provide a copy of the contact preference 
38.22 	form along with the copy of the adopted person's original birth record.
38.23 	(c) The state registrar shall provide a transcript of an adopted person's original birth 
38.24 	record to an authorized representative of a federally recognized American Indian Tribe for 
38.25 	the sole purpose of determining the adopted person's eligibility for enrollment or membership. 
38.26 	Information contained in the birth record may not be used to provide the adopted person 
38.27 	information about the person's birth parents, except as provided in this section or section 
38.28 	259.83.
38.29 	(d) For a replacement birth record issued under section 144.218, the adopted person or 
38.30 	a person related to the adopted person may obtain from the state registrar copies of the order 
38.31 	or decree of adoption, certificate of adoption, or decree issued under section 259.60, as filed 
38.32 	with the state registrar.
39.1 	(e) The state registrar may request assistance from the commissioner of human services 
39.2 	if needed to discharge duties under this section, as authorized under section 259.79.

39.3 	EFFECTIVE DATE. This section is effective July 1, 2024.

39.4 	Sec. 2. Minnesota Statutes 2023 Supplement, section 144.2253, is amended to read:
39.5 	144.2253 BIRTH PARENT CONTACT PREFERENCE FORM.
39.6 	(a) The commissioner must make available to the public a contact preference form as 
39.7 	described in paragraph (b).
39.8 	(b) The contact preference form must provide the following information to be completed 
39.9 	at the option of a birth parent:
39.10 	(1) "I would like to be contacted."
39.11 	(2) "I would prefer to be contacted only through an intermediary."
39.12 	(3) "I prefer not to be contacted at this time. If I decide later that I would like to be 
39.13 	contacted, I will submit an updated contact preference form to the Minnesota Department 
39.14 	of Health."
39.15 	(c) A contact preference form must include space where the birth parent may include 
39.16 	information that the birth parent feels is important for the adopted person to know.
39.17 	(d) If a birth parent of an adopted person submits a completed contact preference form 
39.18 	to the commissioner, the commissioner must:
39.19 	(1) match the contact preference form to the adopted person's original birth record. The 
39.20 	commissioner may request assistance from the commissioner of human services if needed 
39.21 	to discharge duties under this clause, as authorized under section 259.79; and
39.22 	(2) attach the contact preference form to the original birth record as required under 
39.23 	section 144.2252.
39.24 	(e) A contact preference form submitted to the commissioner under this section is private 
39.25 	data on an individual as defined in section 13.02, subdivision 12, except that the contact 
39.26 	preference form may be released as provided under section 144.2252, subdivision 2.

39.27 	EFFECTIVE DATE. This section is effective August 1, 2023.

39.28 	Sec. 3. Minnesota Statutes 2022, section 259.37, subdivision 2, is amended to read:
39.29 		Subd. 2.Disclosure to birth parents and adoptive parents. An agency shall provide 
39.30 	a disclosure statement written in clear, plain language to be signed by the prospective 
40.1 	adoptive parents and birth parents, except that in intercountry adoptions, the signatures of 
40.2 	birth parents are not required. The disclosure statement must contain the following 
40.3 	information:
40.4 	(1) fees charged to the adoptive parent, including any policy on sliding scale fees or fee 
40.5 	waivers and an itemization of the amount that will be charged for the adoption study, 
40.6 	counseling, postplacement services, family of origin searches, birth parent expenses 
40.7 	authorized under section 259.55, or any other services;
40.8 	(2) timeline for the adoptive parent to make fee payments;
40.9 	(3) likelihood, given the circumstances of the prospective adoptive parent and any specific 
40.10 	program to which the prospective adoptive parent is applying, that an adoptive placement 
40.11 	may be made and the estimated length of time for making an adoptive placement. These 
40.12 	estimates must be based on adoptive placements made with prospective parents in similar 
40.13 	circumstances applying to a similar program with the agency during the immediately 
40.14 	preceding three to five years. If an agency has not been in operation for at least three years, 
40.15 	it must provide summary data based on whatever adoptive placements it has made and may 
40.16 	include a statement about the kind of efforts it will make to achieve an adoptive placement, 
40.17 	including a timetable it will follow in seeking a child. The estimates must include a statement 
40.18 	that the agency cannot guarantee placement of a child or a time by which a child will be 
40.19 	placed;
40.20 	(4) a statement of the services the agency will provide the birth and adoptive parents;
40.21 	(5) a statement prepared by the commissioner under section 259.39 that explains the 
40.22 	child placement and adoption process and the respective legal rights and responsibilities of 
40.23 	the birth parent and prospective adoptive parent during the process including a statement 
40.24 	that the prospective adoptive parent is responsible for filing an adoption petition not later 
40.25 	than 12 months after the child is placed in the prospective adoptive home;
40.26 	(6) a statement regarding any information the agency may have about attorney referral 
40.27 	services, or about obtaining assistance with completing legal requirements for an adoption; 
40.28 	and
40.29 	(7) a statement regarding the right of an adopted person to request and obtain a copy of 
40.30 	the adopted person's original birth record at the age and circumstances specified in section 
40.31 	144.2253 and the right of the birth parent named on the adopted person's original birth 
40.32 	record to file a contact preference form with the state registrar pursuant to section 144.2253; 
40.33 	and
41.1 	(7) (8) an acknowledgment to be signed by the birth parent and prospective adoptive 
41.2 	parent that they have received, read, and had the opportunity to ask questions of the agency 
41.3 	about the contents of the disclosure statement.

41.4 	EFFECTIVE DATE. This section is effective July 1, 2024.

41.5 	Sec. 4. Minnesota Statutes 2022, section 259.79, subdivision 1, is amended to read:
41.6 		Subdivision 1.Content. (a) The adoption records of the commissioner's agents and 
41.7 	licensed child-placing agencies shall contain copies of all relevant legal documents, 
41.8 	responsibly collected genetic, medical and social history of the child and the child's birth 
41.9 	parents, the child's placement record, copies of all pertinent agreements, contracts, and 
41.10 	correspondence relevant to the adoption, and copies of all reports and recommendations 
41.11 	made to the court.
41.12 	(b) The commissioner of human services shall maintain a permanent record of all 
41.13 	adoptions granted in district court in Minnesota regarding children who are:
41.14 	(1) under guardianship of the commissioner or a licensed child-placing agency according 
41.15 	to section 260C.317 or 260C.515, subdivision 3;
41.16 	(2) placed by the commissioner, commissioner's agent, or licensed child-placing agency 
41.17 	after a consent to adopt according to section 259.24 or under an agreement conferring 
41.18 	authority to place for adoption according to section 259.25; or
41.19 	(3) adopted after a direct adoptive placement approved by the district court under section 
41.20 	259.47.
41.21 	Each record shall contain identifying information about the child, the birth or legal 
41.22 	parents, and adoptive parents, including race where such data is available. The record must 
41.23 	also contain: (1) the date the child was legally freed for adoption; (2) the date of the adoptive 
41.24 	placement; (3) the name of the placing agency; (4) the county where the adoptive placement 
41.25 	occurred; (5) the date that the petition to adopt was filed; (6) the county where the petition 
41.26 	to adopt was filed; and (7) the date and county where the adoption decree was granted.
41.27 	(c) Identifying information contained in the adoption record shall must be confidential 
41.28 	and shall must be disclosed only pursuant to section 259.61 or, for adoption records 
41.29 	maintained by the commissioner of human services, upon request from the commissioner 
41.30 	of health or state registrar pursuant to sections 144.2252 and 144.2253.

42.1 	Sec. 5. Minnesota Statutes 2023 Supplement, section 259.83, subdivision 1, is amended 
42.2 	to read:
42.3 		Subdivision 1.Services provided. (a) Agencies shall provide assistance and counseling 
42.4 	services upon receiving a request for current information from adoptive parents, birth parents, 
42.5 	or adopted persons aged 18 years of age and older, or adult siblings of adopted persons. 
42.6 	The agency shall contact the other adult persons or the adoptive parents of a minor child in 
42.7 	a personal and confidential manner to determine whether there is a desire to receive or share 
42.8 	information or to have contact. If there is such a desire, the agency shall provide the services 
42.9 	requested. The agency shall provide services to adult genetic siblings if there is no known 
42.10 	violation of the confidentiality of a birth parent or if the birth parent gives written consent
42.11 	complete the search request within six months of the request being made. If the agency is 
42.12 	unable to complete the search request within the specified time frame, the agency shall 
42.13 	inform the requester of the status of the request and include a reasonable estimate of when 
42.14 	the request can be completed.
42.15 	(b) Upon a request for assistance or services from an adoptive parent of a minor child, 
42.16 	birth parent, or an adopted person 18 years of age or older, the agency must inform the 
42.17 	person:
42.18 	(1) about the right of an adopted person to request and obtain a copy of the adopted 
42.19 	person's original birth record at the age and circumstances specified in section 144.2253; 
42.20 	and
42.21 	(2) about the right of the birth parent named on the adopted person's original birth record 
42.22 	to file a contact preference form with the state registrar pursuant to section 144.2253.
42.23 	In When making or supervising an adoptive placements placement, the agency must provide 
42.24 	in writing to the birth parents listed on the original birth record the information required 
42.25 	under this section paragraph and section 259.37, subdivision 2, clause (7).

42.26 	Sec. 6. Minnesota Statutes 2023 Supplement, section 259.83, subdivision 1b, is amended 
42.27 	to read:
42.28 		Subd. 1b.Genetic Siblings. (a) A person who is at least 18 years of age who was adopted 
42.29 	or, because of a termination of parental rights, who was committed to the guardianship of 
42.30 	the commissioner of human services, whether adopted or and not, adopted must upon request 
42.31 	be advised of other siblings who were adopted or who were committed to the guardianship 
42.32 	of the commissioner of human services and not adopted.
43.1 	(b) The agency must provide assistance must be provided by the county or placing agency 
43.2 	of to the person requesting information to the extent that information is available in the 
43.3 	existing records at the Department of Human Services required to be kept under section 
43.4 	259.79. If the sibling received services from another agency, the agencies must share 
43.5 	necessary information in order to locate the other siblings and to offer services, as requested. 
43.6 	Upon the determination that parental rights with respect to another sibling were terminated, 
43.7 	identifying information and contact must be provided only upon mutual consent. A reasonable 
43.8 	fee may be imposed by the county or placing agency.

43.9 	Sec. 7. Minnesota Statutes 2023 Supplement, section 259.83, subdivision 3a, is amended 
43.10 	to read:
43.11 		Subd. 3a.Birth parent identifying information. (a) This subdivision applies to adoptive 
43.12 	placements where an adopted person does not have a record of live birth registered in this 
43.13 	state. Upon written request by an adopted person 18 years of age or older, the agency 
43.14 	responsible for or supervising the placement must provide to the requester the following 
43.15 	identifying information related to the birth parents listed on that adopted person's original 
43.16 	birth record, to the extent the information is available:
43.17 	(1) each of the birth parent's names; and
43.18 	(2) each of the birth parent's birthdate and birthplace.
43.19 	(b) The agency may charge a reasonable fee to the requester for providing the required 
43.20 	information under paragraph (a).
43.21 	(c) The agency, acting in good faith and in a lawful manner in disclosing the identifying 
43.22 	information under this subdivision, is not civilly liable for such disclosure.

43.23 	Sec. 8. Minnesota Statutes 2022, section 259.83, subdivision 4, is amended to read:
43.24 		Subd. 4.Confidentiality. Agencies shall provide adoptive parents, birth parents and 
43.25 	adult siblings, and adopted persons aged 19 18 years and over reasonable assistance in a 
43.26 	manner consistent with state and federal laws, rules, and regulations regarding the 
43.27 	confidentiality and privacy of child welfare and adoption records.