Engrossments
Introduction PDF	Posted on 03/18/2025

ARTICLE 3

CHILD WELFARE

Section 1.

Minnesota Statutes 2024, section 260.65, is amended to read:

260.65 NONCUSTODIAL PARENTS; RELATIVE PLACEMENT.

(a) Prior to the removal of an African American or a disproportionately represented child
from the child's home, the responsible social services agency must make active efforts to
identify and locate the child's noncustodial or nonadjudicated parent and the child's relatives
to notify the child's parent and relatives that the child is or will be placed in foster caredeleted text begin ,deleted text end and
provide the child's parent and relatives with a list of legal resources. The notice to the child's
noncustodial or nonadjudicated parent and relatives must also include the information
required under section 260C.221, subdivision 2, paragraph (b). The responsible social
services agency must maintain detailed records of the agency's efforts to notify parents and
relatives under this section.

(b) Notwithstanding the provisions of section 260C.219, the responsible social services
agency must assess an African American or a disproportionately represented child's
noncustodial or nonadjudicated parent's ability to care for the child before placing the child
in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide
daily care for the African American or disproportionately represented child temporarily or
permanently, the court shall order deleted text begin thatdeleted text end the child deleted text begin be placed indeleted text end new text begin intonew text end the home of the noncustodial
or nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The
responsible social services agency must make active efforts to assist a noncustodial or
nonadjudicated parent with remedying any issues that may prevent the child from being
deleted text begin placed with thedeleted text end new text begin ordered into the home of anew text end noncustodial or nonadjudicated parent.

(c) The relative search, notice, engagement, and placement consideration requirements
under section 260C.221 apply under this act.

Sec. 2.

Minnesota Statutes 2024, section 260.66, subdivision 1, is amended to read:

Subdivision 1.

Emergency removal or placement permitted.

Nothing in this section
shall be construed to prevent the emergency removal of an African American or a
disproportionately represented deleted text begin child's parent or custodiandeleted text end new text begin childnew text end or the emergency placement
of the child in a foster setting in order to prevent imminent physical damage or harm to the
child.

Sec. 3.

Minnesota Statutes 2024, section 260.691, subdivision 1, is amended to read:

Subdivision 1.

new text begin Establishment and new text end duties.

new text begin (a) The African American Child and Family
Well-Being Advisory Council is established for the Department of Children, Youth, and
Families.
new text end

new text begin (b) The council shall consist of 31 members appointed by the commissioner and must
include representatives with lived personal or professional experience within African
American communities. Members may include but are not limited to youth who have exited
the child welfare system; parents; legal custodians; relative and kinship caregivers or foster
care providers; community service providers, advocates, and members; county and private
social services agency case managers; representatives from faith-based institutions; academic
professionals; a representative from the Council for Minnesotans of African Heritage; the
Ombudsperson for African American Families; and other individuals with experience and
knowledge of African American communities. Council members must be selected through
an open appointments process under section 15.0597. The terms, compensation, and removal
of council members are governed by section 15.059.
new text end

new text begin (c) new text end The deleted text begin African American Child Well-Being Advisorydeleted text end council must:

(1) review annual reports related to African American children involved in the child
welfare system. These reports may include but are not limited to the maltreatment,
out-of-home placement, and permanency of African American children;

(2) assist with and make recommendations to the commissioner for developing strategies
to reduce maltreatment determinations, prevent unnecessary out-of-home placement, promote
culturally appropriate foster care and shelter or facility placement decisions and settings for
African American children in need of out-of-home placement, ensure timely achievement
of permanency, and improve child welfare outcomes for African American children and
their families;

(3) review summary reports on targeted case reviews prepared by the commissioner to
ensure that responsible social services agencies meet the needs of African American children
and their families. Based on data collected from those reviews, the council shall assist the
commissioner with developing strategies needed to improve any identified child welfare
outcomes, including but not limited to maltreatment, out-of-home placement, and permanency
for African American children;

(4) deleted text begin assist the Cultural and Ethnic Communities Leadership Council with makingdeleted text end new text begin makenew text end
recommendations to the commissioner and the legislature for public policy and statutory
changes that specifically consider the needs of African American children and their families
involved in the child welfare system;

(5) advise the commissioner on stakeholder engagement strategies and actions that the
commissioner and responsible social services agencies may take to improve child welfare
outcomes for African American children and their families;

(6) assist the commissioner with developing strategies for public messaging and
communication related to racial disproportionality and disparities in child welfare outcomes
for African American children and their families;

(7) assist the commissioner with identifying and developing internal and external
partnerships to support adequate access to services and resources for African American
children and their families, including but not limited to housing assistance, employment
assistance, food and nutrition support, health care, child care assistance, and educational
support and training; and

(8) assist the commissioner with developing strategies to promote the development of
a culturally diverse and representative child welfare workforce in Minnesota that includes
professionals who are reflective of the community served and who have been directly
impacted by lived experiences within the child welfare system. The council must also assist
the commissioner with exploring strategies and partnerships to address education and training
needs, hiring, recruitment, retention, and professional advancement practices.

Sec. 4.

Minnesota Statutes 2024, section 260.692, is amended to read:

260.692 AFRICAN AMERICAN CHILD new text begin AND FAMILY new text end WELL-BEING UNIT.

Subdivision 1.

Duties.

The African American Child new text begin and Family new text end Well-Being Unit,
currently established by the commissioner, must:

(1) assist with the development of African American cultural competency training and
review child welfare curriculum in the Minnesota Child Welfare Training Academy to
ensure that responsible social services agency staff and other child welfare professionals
are appropriately prepared to engage with African American children and their families and
to support family preservation and reunification;

(2) provide technical assistance, including on-site technical assistance, and case
consultation to responsible social services agencies to assist agencies with implementing
and complying with the Minnesota African American Family Preservation and Child Welfare
Disproportionality Act;

(3) monitor individual county and statewide disaggregated and nondisaggregated data
to identify trends and patterns in child welfare outcomes, including but not limited to
reporting, maltreatment, out-of-home placement, and permanency of African American
children and develop strategies to address disproportionality and disparities in the child
welfare system;

(4) develop and implement a system for conducting case reviews when the commissioner
receives reports of noncompliance with the Minnesota African American Family Preservation
and Child Welfare Disproportionality Act or when requested by the parent or custodian of
an African American child. Case reviews may include but are not limited to a review of
placement prevention efforts, safety planning, case planning and service provision by the
responsible social services agency, relative placement consideration, and permanency
planning;

(5) establish and administer a request for proposals process for African American and
disproportionately represented family preservation grants under section 260.693, monitor
grant activities, and provide technical assistance to grantees;

(6) in coordination with the African American Childnew text begin and Familynew text end Well-Being Advisory
Council, coordinate services and create internal and external partnerships to support adequate
access to services and resources for African American children and their families, including
but not limited to housing assistance, employment assistance, food and nutrition support,
health care, child care assistance, and educational support and training; and

(7) develop public messaging and communication to inform the public about racial
disparities in child welfare outcomes, current efforts and strategies to reduce racial disparities,
and resources available to African American children and their families involved in the
child welfare system.

Subd. 2.

Case reviews.

(a) The African American Childnew text begin and Familynew text end Well-Being Unit
must conduct systemic case reviews to monitor targeted child welfare outcomes, including
but not limited to maltreatment, out-of-home placement, and permanency of African
American children.

(b) The reviews under this subdivision must be conducted using a random sampling of
representative child welfare cases stratified for certain case related factors, including but
not limited to case type, maltreatment type, if the case involves out-of-home placement,
and other demographic variables. In conducting the reviews, unit staff may use court records
and documents, information from the social services information system, and other available
case file information to complete the case reviews.

(c) The frequency of the reviews and the number of cases, child welfare outcomes, and
selected counties reviewed shall be determined by the unit in consultation with the African
American Childnew text begin and Familynew text end Well-Being Advisory Council, with consideration given to the
availability of unit resources needed to conduct the reviews.

(d) The unit must monitor all case reviews and use the collective case review information
and data to generate summary case review reports, ensure compliance with the Minnesota
African American Family Preservation and Child Welfare Disproportionality Act, and
identify trends or patterns in child welfare outcomes for African American children.

(e) The unit must review information from members of the public received through the
compliance and feedback portal, including policy and practice concerns related to individual
child welfare cases. After assessing a case concern, the unit may determine if further
necessary action should be taken, which may include coordinating case remediation with
other relevant child welfare agencies in accordance with data privacy laws, including the
African American Childnew text begin and Familynew text end Well-Being Advisory Council, and offering case
consultation and technical assistance to the responsible local social services agency as
needed or requested by the agency.

Subd. 3.

Reports.

(a) The African American Childnew text begin and Familynew text end Well-Being Unit must
provide regular updates on unit activities, including summary reports of case reviews, to
the African American Childnew text begin and Familynew text end Well-Being Advisory Council, and must publish
an annual census of African American children in out-of-home placements statewide. The
annual census must include data on the types of placements, age and sex of the children,
how long the children have been in out-of-home placements, and other relevant demographic
information.

(b) The African American Childnew text begin and Familynew text end Well-Being Unit shall gather summary data
about the practice and policy inquiries and individual case concerns received through the
compliance and feedback portal under subdivision 2, paragraph (e). The unit shall provide
regular reports of the nonidentifying compliance and feedback portal summary data to the
African American Childnew text begin and Familynew text end Well-Being Advisory Council to identify child welfare
trends and patterns to assist with developing policy and practice recommendations to support
eliminating disparity and disproportionality for African American children.

Sec. 5.

Minnesota Statutes 2024, section 260C.001, subdivision 2, is amended to read:

Subd. 2.

Juvenile protection proceedings.

(a) The paramount consideration in all
juvenile protection proceedings is the health, safety, and best interests of the child. In
proceedings involving an American Indian child, as defined in section 260.755, subdivision
8, the best interests of the child must be determined consistent with sections 260.751 to
260.835 and the Indian Child Welfare Act, United States Code, title 25, sections 1901 to
1923.

(b) The purpose of the laws relating to juvenile protection proceedings is:

(1) to secure for each child under the jurisdiction of the court, the care and guidance,
preferably in the child's own home, as will best serve the spiritual, emotional, mental, and
physical welfare of the child;

(2) to provide judicial procedures that protect the welfare of the child;

(3) to preserve and strengthen the child's family ties whenever possible and in the child's
best interests, removing the child from the custody of parents only when the child's welfare
or safety cannot be adequately safeguarded without removal;

(4) to ensure that when removal from the child's own family is necessary and in the
child's best interests, the responsible social services agency has legal responsibility for the
child removal either:

(i) pursuant to a voluntary placement agreement between the child's parent or guardian
or the child, when the child is over age 18, and the responsible social services agency; or

(ii) by court order pursuant to section 260C.151, subdivision 6; 260C.178; 260C.201;
260C.325; or 260C.515;

(5) to ensure that, when placement is pursuant to court order, the court order removing
the child or continuing the child in foster care contains an individualized determination that
placement is in the best interests of the child that coincides with the actual removal of the
child;

(6) to ensure that when the child is removed, the child's care and discipline is, as nearly
as possible, equivalent to that which should have been given by the parents and is either in:

(i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201,
subdivision 1, paragraph (a), clause (1);

(ii) the home of a relative pursuant to emergency placement by the responsible social
services agency under chapter 245A; or

(iii) foster care licensed under chapter 245A; and

(7) to ensure appropriate permanency planning for children in foster care including:

(i) unless reunification is not required under section 260.012, developing a permanency
plan for the child that includes a primary plan for reunification with the child's parent or
guardian and a secondary plan for an alternative, legally permanent home for the child in
the event reunification cannot be achieved in a timely manner;

(ii) identifying, locating, and assessing both parents of the child as soon as possible and
offering reunification services to both parents of the child as required under sections 260.012
and 260C.219;

new text begin (iii) inquiring about the child's heritage, including the child's Tribal lineage pursuant to
section 260.761, and their race, culture, and ethnicity pursuant to section 260.63, subdivision
10;
new text end

deleted text begin (iii)deleted text end new text begin (iv)new text end identifying, locating, and notifying relatives of both parents of the child according
to section 260C.221;

deleted text begin (iv)deleted text end new text begin (v)new text end making a placement with a family that will commit to being the legally permanent
home for the child in the event reunification cannot occur at the earliest possible time while
at the same time actively supporting the reunification plan; and

deleted text begin (v)deleted text end new text begin (vi)new text end returning the child home with supports and services, as soon as return is safe for
the child, or when safe return cannot be timely achieved, moving to finalize another legally
permanent home for the child.

Sec. 6.

Minnesota Statutes 2024, section 260C.007, subdivision 19, is amended to read:

Subd. 19.

Habitual truant.

"Habitual truant" means a child deleted text begin under the age of 17deleted text end new text begin who is
at least 12 years old and less than 18new text end years new text begin old new text end who is absent from attendance at school
without lawful excuse deleted text begin for seven school days per school year if the child is in elementary
school ordeleted text end for one or more class periods on seven school days per school year if the child is
in middle school, junior high school, or high school or a child who is 17 years of age who
is absent from attendance at school without lawful excuse for one or more class periods on
seven school days per school year and who has not lawfully withdrawn from school under
section 120A.22, subdivision 8.new text begin Pursuant to section 260C.163, subdivision 11, habitual
truant also means a child under age 12 who has been absent from school for seven school
days without lawful excuse, based on a showing by clear and convincing evidence that the
child's absence is not due to the failure of the child's parent, guardian, or custodian to comply
with compulsory instruction laws.
new text end

Sec. 7.

Minnesota Statutes 2024, section 260C.141, subdivision 1, is amended to read:

Subdivision 1.

Who may file; required form.

(a) Any reputable person, including but
not limited to any agent of the commissioner of children, youth, and families, having
knowledge of a child in this state or of a child who is a resident of this state, who appears
to be in need of protection or services or neglected and in foster care, may petition the
juvenile court in the manner provided in this section.

(b) A petition for a child in need of protection filed by an individual who is not a county
attorney or an agent of the commissioner of children, youth, and families shall be filed on
a form developed by the state court administrator and provided to court administrators.
Copies of the form may be obtained from the court administrator in each county. The court
administrator shall review the petition before it is filed to determine that it is completed.
The court administrator may reject the petition if it does not indicate that the petitioner has
contacted the responsible social services agency.

An individual may file a petition under this subdivision without seeking internal review
of the responsible social services agency's decision. The court shall determine whether there
is probable cause to believe that a need for protection or services exists before the matter
is set for hearing. If the matter is set for hearing, the court administrator shall notify the
responsible social services agency by sending notice to the county attorney.

The petition must contain:

(1) a statement of facts that would establish, if proven, that there is a need for protection
or services for the child named in the petition;

(2) a statement that petitioner has reported the circumstances underlying the petition to
the responsible social services agency, and protection or services were not provided to the
child;

(3) a statement whether there are existing juvenile or family court custody orders or
pending proceedings in juvenile or family court concerning the child; deleted text begin and
deleted text end

(4) a statement of the relationship of the petitioner to the child and any other partiesdeleted text begin .deleted text end new text begin ;
and
new text end

new text begin (5) a statement whether the petitioner has inquired of the parent or parents of the child,
the child, and relatives about the child's heritage, including the child's Tribal lineage pursuant
to section 260.761 and their race, culture, and ethnicity pursuant to section 260.63,
subdivision 10.
new text end

The court may not allow a petition to proceed under this paragraph if it appears that the
sole purpose of the petition is to modify custody between the parents.

Sec. 8.

Minnesota Statutes 2024, section 260C.150, subdivision 3, is amended to read:

Subd. 3.

Identifying parents of child; diligent efforts; data.

(a) The responsible social
services agency shall make diligent effortsnew text begin to inquire about the child's heritage, including
the child's Tribal lineage pursuant to section 260.761 and their race, culture, and ethnicity
pursuant to section 260.63, subdivision 10, andnew text end to identify and locate both parents of any
child who is the subject of proceedings under this chapter. Diligent efforts include:

(1) asking the custodial or known parent to identify any nonresident parent of the child
and provide information that can be used to verify the nonresident parent's identity including
the dates and locations of marriages and divorces; dates and locations of any legal
proceedings regarding paternity; date and place of the child's birth; nonresident parent's full
legal name; nonresident parent's date of birth, or if the nonresident parent's date of birth is
unknown, an approximate age; the nonresident parent's Social Security number; the
nonresident parent's whereabouts including last known whereabouts; and the whereabouts
of relatives of the nonresident parent. For purposes of this subdivision, "nonresident parent"
means a parent who does not reside in the same household as the child or did not reside in
the same household as the child at the time the child was removed when the child is in foster
care;

(2) obtaining information that will identify and locate the nonresident parent from the
county and state of Minnesota child support enforcement information system;

(3) requesting a search of the Minnesota Fathers' Adoption Registry 30 days after the
child's birth; and

(4) using any other reasonable means to identify and locate the nonresident parent.

(b) The agency may disclose data which is otherwise private under section 13.46 or
chapter 260E in order to carry out its duties under this subdivision.

(c) Upon the filing of a petition alleging the child to be in need of protection or services,
the responsible social services agency may contact a putative father who registered with
the Minnesota Fathers' Adoption Registry more than 30 days after the child's birth. The
social service agency may consider a putative father for the day-to-day care of the child
under section 260C.219 if the putative father cooperates with genetic testing and there is a
positive test result under section 257.62, subdivision 5. Nothing in this paragraph:

(1) relieves a putative father who registered with the Minnesota Fathers' Adoption
Registry more than 30 days after the child's birth of the duty to cooperate with paternity
establishment proceedings under section 260C.219;

(2) gives a putative father who registered with the Minnesota Fathers' Adoption Registry
more than 30 days after the child's birth the right to notice under section 260C.151 unless
the putative father is entitled to notice under sections 259.24 and 259.49, subdivision 1,
paragraph (a) or (b), clauses (1) to (7); or

(3) establishes a right to assert an interest in the child in a termination of parental rights
proceeding contrary to section 259.52, subdivision 6, unless the putative father is entitled
to notice under sections 259.24 and 259.49, subdivision 1, paragraph (a) or (b), clauses (1)
to (7).

Sec. 9.

Minnesota Statutes 2024, section 260C.178, subdivision 1, is amended to read:

Subdivision 1.

Hearing and release requirements.

(a) If a child was taken into custody
under section 260C.175, subdivision 1, clause (1) or (2), item (ii), the court shall hold a
hearing within 72 hours of the time that the child was taken into custody, excluding
Saturdays, Sundays, and holidays, to determine whether the child should continue to be in
custody.

(b) Unless there is reason to believe that the child would endanger self or others or not
return for a court hearing, or that the child's health or welfare would be immediately
endangered, the child shall be released to the custody of a parent, guardian, custodian, or
other suitable person, subject to reasonable conditions of release including, but not limited
to, a requirement that the child undergo a chemical use assessment as provided in section
260C.157, subdivision 1.

(c) If the court determines that there is reason to believe that the child would endanger
self or others or not return for a court hearing, or that the child's health or welfare would be
immediately endangered if returned to the care of the parent or guardian who has custody
and from whom the child was removed, the court shall order the child:

(1) into the care of the child's noncustodial parent and order the noncustodial parent to
comply with any conditions that the court determines appropriate to ensure the safety and
care of the child, including requiring the noncustodial parent to cooperate with paternity
establishment proceedings if the noncustodial parent has not been adjudicated the child's
father; or

(2) into foster care as defined in section 260C.007, subdivision 18, under the legal
responsibility of the responsible social services agency or responsible probation or corrections
agency for the purposes of protective care as that term is used in the juvenile court rules.
The court shall not give the responsible social services legal custody and order a trial home
visit at any time prior to adjudication and disposition under section 260C.201, subdivision
1, paragraph (a), clause (3), but may order the child returned to the care of the parent or
guardian who has custody and from whom the child was removed and order the parent or
guardian to comply with any conditions the court determines to be appropriate to meet the
safety, health, and welfare of the child.

(d) In determining whether the child's health or welfare would be immediately
endangered, the court shall consider whether the child would reside with a perpetrator of
domestic child abuse.

(e) The court, before determining whether a child should be placed in or continue in
foster care under the protective care of the responsible agency, shall also make a
determination, consistent with section 260.012 as to whether reasonable efforts were made
to prevent placement or whether reasonable efforts to prevent placement are not required.
In the case of an Indian child, the court shall determine whether active efforts, according
to section 260.762 and the Indian Child Welfare Act of 1978, United States Code, title 25,
section 1912(d), were made to prevent placement. The court shall enter a finding that the
responsible social services agency has made reasonable efforts to prevent placement when
the agency establishes either:

(1) that the agency has actually provided services or made efforts in an attempt to prevent
the child's removal but that such services or efforts have not proven sufficient to permit the
child to safely remain in the home; or

(2) that there are no services or other efforts that could be made at the time of the hearing
that could safely permit the child to remain home or to return home. The court shall not
make a reasonable efforts determination under this clause unless the court is satisfied that
the agency has sufficiently demonstrated to the court that there were no services or other
efforts that the agency was able to provide at the time of the hearing enabling the child to
safely remain home or to safely return home. When reasonable efforts to prevent placement
are required and there are services or other efforts that could be ordered that would permit
the child to safely return home, the court shall order the child returned to the care of the
parent or guardian and the services or efforts put in place to ensure the child's safety. When
the court makes a prima facie determination that one of the circumstances under paragraph
(g) exists, the court shall determine that reasonable efforts to prevent placement and to
return the child to the care of the parent or guardian are not required.

(f) If the court finds the social services agency's preventive or reunification efforts have
not been reasonable but further preventive or reunification efforts could not permit the child
to safely remain at home, the court may nevertheless authorize or continue the removal of
the child.

(g) The court may not order or continue the foster care placement of the child unless the
court makes explicit, individualized findings that continued custody of the child by the
parent or guardian would be contrary to the welfare of the child and that placement is in the
best interest of the child.

(h) At the emergency removal hearing, or at any time during the course of the proceeding,
and upon notice and request of the county attorney, the court shall determine whether a
petition has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section 260C.007,
subdivision 14;

(2) the parental rights of the parent to another child have been involuntarily terminated;

(3) the child is an abandoned infant under section 260C.301, subdivision 2, paragraph
(a), clause (2);

(4) the parents' custodial rights to another child have been involuntarily transferred to a
relative under a juvenile protection proceeding or a similar process of another jurisdiction;

(5) the parent has committed sexual abuse as defined in section 260E.03, against the
child or another child of the parent;

(6) the parent has committed an offense that requires registration as a predatory offender
under section 243.166, subdivision 1b, paragraph (a) or (b); or

(7) the provision of services or further services for the purpose of reunification is futile
and therefore unreasonable.

(i) When a petition to terminate parental rights is required under section 260C.301,
subdivision 4, or 260C.503, subdivision 2, but the county attorney has determined not to
proceed with a termination of parental rights petition, and has instead filed a petition to
transfer permanent legal and physical custody to a relative under section 260C.507, the
court shall schedule a permanency hearing within 30 days of the filing of the petition.

(j) If the county attorney has filed a petition under section 260C.307, the court shall
schedule a trial under section 260C.163 within 90 days of the filing of the petition except
when the county attorney determines that the criminal case shall proceed to trial first under
section 260C.503, subdivision 2, paragraph (c).

(k) If the court determines the child should be ordered into foster care deleted text begin anddeleted text end new text begin , the court
shall inquire about the child's heritage, including the child's Tribal lineage pursuant to section
260.761; their race, culture, and ethnicity pursuant to section 260.63, subdivision 10; and
the responsible social services agency's initial relative search efforts. Ifnew text end the child's parent
refuses to give information to the responsible social services agency regarding the child's
father or relatives of the child, the court may order the parent to disclose the names, addresses,
telephone numbers, and other identifying information to the responsible social services
agency for the purpose of complying with sections 260C.150, 260C.151, 260C.212,
260C.215, 260C.219, and 260C.221.

(l) If a child ordered into foster care has siblings, whether full, half, or step, who are
also ordered into foster care, the court shall inquire of the responsible social services agency
of the efforts to place the children together as required by section 260C.212, subdivision 2,
paragraph (d), if placement together is in each child's best interests, unless a child is in
placement for treatment or a child is placed with a previously noncustodial parent who is
not a parent to all siblings. If the children are not placed together at the time of the hearing,
the court shall inquire at each subsequent hearing of the agency's reasonable efforts to place
the siblings together, as required under section 260.012. If any sibling is not placed with
another sibling or siblings, the agency must develop a plan to facilitate visitation or ongoing
contact among the siblings as required under section 260C.212, subdivision 1, unless it is
contrary to the safety or well-being of any of the siblings to do so.

(m) When the court has ordered the child into the care of a noncustodial parent or in
foster care, the court may order a chemical dependency evaluation, mental health evaluation,
medical examination, and parenting assessment for the parent as necessary to support the
development of a plan for reunification required under subdivision 7 and section 260C.212,
subdivision 1, or the child protective services plan under section 260E.26, and Minnesota
Rules, part 9560.0228.

(n) When the court has ordered an Indian child into an emergency child placement, the
Indian child shall be placed according to the placement preferences in the Minnesota Indian
Family Preservation Act, section 260.773.

Sec. 10.

Minnesota Statutes 2024, section 260C.178, subdivision 7, is amended to read:

Subd. 7.

Case plan.

(a) When the court has ordered the child into the care of a parent
under subdivision 1, paragraph (c), clause (1), the child protective services plan under section
260E.26 must be filed within 30 days of the filing of the juvenile protection petition under
section 260C.141, subdivision 1.

(b) When the court orders the child into foster care under subdivision 1, paragraph (c),
clause (2), and not into the care of a parent, an out-of-home placement plannew text begin summarynew text end required
under section 260C.212new text begin , subdivision 1,new text end must be filed with the court within 30 days of the
filing of a juvenile protection petition under section 260C.141, subdivision 1, when the
court orders emergency removal of the child under this section, or filed with the petition if
the petition is a review of a voluntary placement under section 260C.141, subdivision 2.new text begin
An out-of-home placement plan shall be prepared and filed with the court within 60 days
after any child is placed in foster care under section 260C.212, subdivision 1.
new text end

(c) Upon the filing of the child protective services plan under section 260E.26 or
out-of-home placement plan that has been developed jointly with the parent and in
consultation with others as required under section 260C.212, subdivision 1, the court may
approve implementation of the plan by the responsible social services agency based on the
allegations contained in the petition and any evaluations, examinations, or assessments
conducted under subdivision 1, paragraph (m). The court shall send written notice of the
approval of the child protective services plan or out-of-home placement plan to all parties
and the county attorney or may state such approval on the record at a hearing. A parent may
agree to comply with the terms of the plan filed with the court.

(d) The responsible social services agency shall make reasonable efforts to engage both
parents of the child in case planning. The responsible social services agency shall report
the results of its efforts to engage the child's parents in the child protective services plan or
out-of-home placement plan filed with the court. The agency shall notify the court of the
services it will provide or efforts it will attempt under the plan notwithstanding the parent's
refusal to cooperate or disagreement with the services. The parent may ask the court to
modify the plan to require different or additional services requested by the parent, but which
the agency refused to provide. The court may approve the plan as presented by the agency
or may modify the plan to require services requested by the parent. The court's approval
must be based on the content of the petition.

(e) Unless the parent agrees to comply with the terms of the child protective services
plan or out-of-home placement plan, the court may not order a parent to comply with the
provisions of the plan until the court finds the child is in need of protection or services and
orders disposition under section 260C.201, subdivision 1. However, the court may find that
the responsible social services agency has made reasonable efforts for reunification if the
agency makes efforts to implement the terms of the child protective services plan or
out-of-home placement plan approved under this section.

Sec. 11.

Minnesota Statutes 2024, section 260C.201, subdivision 1, is amended to read:

Subdivision 1.

Dispositions.

(a) If the court finds that the child is in need of protection
or services or neglected and in foster care, the court shall enter an order making any of the
following dispositions of the case:

(1) place the child under the protective supervision of the responsible social services
agency or child-placing agency in the home of a parent of the child under conditions
prescribed by the court directed to the correction of the child's need for protection or services:

(i) the court may order the child into the home of a parent who does not otherwise have
legal custody of the child, however, an order under this section does not confer legal custody
on that parent;

(ii) if the court orders the child into the home of a father who is not adjudicated, the
father must cooperate with paternity establishment proceedings regarding the child in the
appropriate jurisdiction as one of the conditions prescribed by the court for the child to
continue in the father's home; deleted text begin and
deleted text end

(iii) the court may order the child into the home of a noncustodial parent with conditions
and may also order both the noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or

(2) transfer legal custody to one of the following:

(i) a child-placing agency; or

(ii) the responsible social services agency. In making a foster care placement of a child
whose custody has been transferred under this subdivision, new text begin the court shall inquire about the
child's heritage, including the child's Tribal lineage pursuant to section 260.761 and their
race, culture, and ethnicity pursuant to section 260.63, subdivision 10, and new text end the agency shall
make an individualized determination of how the placement is in the child's best interests
using the placement consideration order for relatives and the best interest factors in section
260C.212, subdivision 2, and may include a child colocated with a parent in a licensed
residential family-based substance use disorder treatment program under section 260C.190;
deleted text begin or
deleted text end

(3) order a trial home visit without modifying the transfer of legal custody to the
responsible social services agency under clause (2). Trial home visit means the child is
returned to the care of the parent or guardian from whom the child was removed for a period
not to exceed six months. During the period of the trial home visit, the responsible social
services agency:

(i) shall continue to have legal custody of the child, which means that the agency may
see the child in the parent's home, at school, in a child care facility, or other setting as the
agency deems necessary and appropriate;

(ii) shall continue to have the ability to access information under section 260C.208;

(iii) shall continue to provide appropriate services to both the parent and the child during
the period of the trial home visit;

(iv) without previous court order or authorization, may terminate the trial home visit in
order to protect the child's health, safety, or welfare and may remove the child to foster care;

(v) shall advise the court and parties within three days of the termination of the trial
home visit when a visit is terminated by the responsible social services agency without a
court order; and

(vi) shall prepare a report for the court when the trial home visit is terminated whether
by the agency or court order that describes the child's circumstances during the trial home
visit and recommends appropriate orders, if any, for the court to enter to provide for the
child's safety and stability. In the event a trial home visit is terminated by the agency by
removing the child to foster care without prior court order or authorization, the court shall
conduct a hearing within ten days of receiving notice of the termination of the trial home
visit by the agency and shall order disposition under this subdivision or commence
permanency proceedings under sections 260C.503 to 260C.515. The time period for the
hearing may be extended by the court for good cause shown and if it is in the best interests
of the child as long as the total time the child spends in foster care without a permanency
hearing does not exceed 12 months;

(4) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a physical or mental
disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court
may order the child's parent, guardian, or custodian to provide it. The court may order the
child's health plan company to provide mental health services to the child. Section 62Q.535
applies to an order for mental health services directed to the child's health plan company.
If the health plan, parent, guardian, or custodian fails or is unable to provide this treatment
or care, the court may order it provided. Absent specific written findings by the court that
the child's disability is the result of abuse or neglect by the child's parent or guardian, the
court shall not transfer legal custody of the child for the purpose of obtaining special
treatment or care solely because the parent is unable to provide the treatment or care. If the
court's order for mental health treatment is based on a diagnosis made by a treatment
professional, the court may order that the diagnosing professional not provide the treatment
to the child if it finds that such an order is in the child's best interests; or

(5) if the court believes that the child has sufficient maturity and judgment and that it is
in the best interests of the child, the court may order a child 16 years old or older to be
allowed to live independently, either alone or with others as approved by the court under
supervision the court considers appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional alternative for a child.

(b) If the child was adjudicated in need of protection or services because the child is a
runaway or habitual truant, the court may order any of the following dispositions in addition
to or as alternatives to the dispositions authorized under paragraph (a):

(1) counsel the child or the child's parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents, guardian, or custodian, designed for
the physical, mental, and moral well-being and behavior of the child;

(3) subject to the court's supervision, transfer legal custody of the child to one of the
following:

(i) a reputable person of good moral character. No person may receive custody of two
or more unrelated children unless licensed to operate a residential program under sections
245A.01 to 245A.16; or

(ii) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;

(4) require the child to pay a fine of up to $100. The court shall order payment of the
fine in a manner that will not impose undue financial hardship upon the child;

(5) require the child to participate in a community service project;

(6) order the child to undergo a chemical dependency evaluation and, if warranted by
the evaluation, order participation by the child in a drug awareness program or an inpatient
or outpatient chemical dependency treatment program;

(7) if the court believes that it is in the best interests of the child or of public safety that
the child's driver's license or instruction permit be canceled, the court may order the
commissioner of public safety to cancel the child's license or permit for any period up to
the child's 18th birthday. If the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to the child's 18th birthday. The
court shall forward an order issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a hearing for the period specified
by the court. At any time before the expiration of the period of cancellation or denial, the
court may, for good cause, order the commissioner of public safety to allow the child to
apply for a license or permit, and the commissioner shall so authorize;

(8) order that the child's parent or legal guardian deliver the child to school at the
beginning of each school day for a period of time specified by the court; or

(9) require the child to perform any other activities or participate in any other treatment
programs deemed appropriate by the court.

To the extent practicable, the court shall enter a disposition order the same day it makes
a finding that a child is in need of protection or services or neglected and in foster care, but
in no event more than 15 days after the finding unless the court finds that the best interests
of the child will be served by granting a delay. If the child was under eight years of age at
the time the petition was filed, the disposition order must be entered within ten days of the
finding and the court may not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.

(c) If a child who is 14 years of age or older is adjudicated in need of protection or
services because the child is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board or county attorney mediation
program under section 260A.06 or 260A.07, the court shall order a cancellation or denial
of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th
birthday.

(d) In the case of a child adjudicated in need of protection or services because the child
has committed domestic abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing
to provide an alternative safe living arrangement for the child as defined in paragraph (f).

(e) When a parent has complied with a case plan ordered under subdivision 6 and the
child is in the care of the parent, the court may order the responsible social services agency
to monitor the parent's continued ability to maintain the child safely in the home under such
terms and conditions as the court determines appropriate under the circumstances.

(f) For the purposes of this subdivision, "alternative safe living arrangement" means a
living arrangement for a child proposed by a petitioning parent or guardian if a court excludes
the minor from the parent's or guardian's home that is separate from the victim of domestic
abuse and safe for the child respondent. A living arrangement proposed by a petitioning
parent or guardian is presumed to be an alternative safe living arrangement absent information
to the contrary presented to the court. In evaluating any proposed living arrangement, the
court shall consider whether the arrangement provides the child with necessary food, clothing,
shelter, and education in a safe environment. Any proposed living arrangement that would
place the child in the care of an adult who has been physically or sexually violent is presumed
unsafe.

Sec. 12.

Minnesota Statutes 2024, section 260C.201, subdivision 2, is amended to read:

Subd. 2.

Written findings.

(a) Any order for a disposition authorized under this section
shall contain written findings of fact to support the disposition and case plan ordered and
shall also set forth in writing the following information:

(1) why the best interests and safety of the child are served by the disposition and case
plan ordered;

(2) what alternative dispositions or services under the case plan were considered by the
court and why such dispositions or services were not appropriate in the instant case;

(3) when legal custody of the child is transferred, the appropriateness of the particular
placement made or to be made by the placing agency using the relative and sibling placement
considerations and best interest factors in section 260C.212, subdivision 2, or the
appropriateness of a child colocated with a parent in a licensed residential family-based
substance use disorder treatment program under section 260C.190;

(4) whether reasonable efforts to finalize the permanent plan for the child consistent
with section 260.012 were made including reasonable efforts:

(i) to prevent the child's placement and to reunify the child with the parent or guardian
from whom the child was removed at the earliest time consistent with the child's safety.
The court's findings must include a brief description of what preventive and reunification
efforts were made and why further efforts could not have prevented or eliminated the
necessity of removal or that reasonable efforts were not required under section 260.012 or
260C.178, subdivision 1;

(ii) to identify and locate any noncustodial or nonresident parent of the child and to
assess such parent's ability to provide day-to-day care of the child, and, where appropriate,
provide services necessary to enable the noncustodial or nonresident parent to safely provide
day-to-day care of the child as required under section 260C.219, unless such services are
not required under section 260.012 or 260C.178, subdivision 1. The court's findings must
include a description of the agency's efforts to:

(A) identify and locate the child's noncustodial or nonresident parent;

(B) assess the noncustodial or nonresident parent's ability to provide day-to-day care of
the child; and

(C) if appropriate, provide services necessary to enable the noncustodial or nonresident
parent to safely provide the child's day-to-day care, including efforts to engage the
noncustodial or nonresident parent in assuming care and responsibility of the child;

(iii) tonew text begin inquire about the child's heritage, including the child's Tribal lineage pursuant to
section 260.761 and their race, culture, and ethnicity pursuant to section 260.63, subdivision
10, andnew text end make the diligent search for relatives and provide the notices required under section
260C.221; a finding made pursuant to a hearing under section 260C.202 that the agency
has made diligent efforts to conduct a relative search and has appropriately engaged relatives
who responded to the notice under section 260C.221 and other relatives, who came to the
attention of the agency after notice under section 260C.221 was sent, in placement and case
planning decisions fulfills the requirement of this item;

(iv) to identify and make a foster care placement of the child, considering the order in
section 260C.212, subdivision 2, paragraph (a), in the home of an unlicensed relative,
according to the requirements of section 142B.06, a licensed relative, or other licensed foster
care provider, who will commit to being the permanent legal parent or custodian for the
child in the event reunification cannot occur, but who will actively support the reunification
plan for the child. If the court finds that the agency has not appropriately considered relatives
for placement of the child, the court shall order the agency to comply with section 260C.212,
subdivision 2, paragraph (a). The court may order the agency to continue considering
relatives for placement of the child regardless of the child's current placement setting; and

(v) to place siblings together in the same home or to ensure visitation is occurring when
siblings are separated in foster care placement and visitation is in the siblings' best interests
under section 260C.212, subdivision 2, paragraph (d); and

(5) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a mental disability or
emotional disturbance as defined in section 245.4871, subdivision 15, the written findings
shall also set forth:

(i) whether the child has mental health needs that must be addressed by the case plan;

(ii) what consideration was given to the diagnostic and functional assessments performed
by the child's mental health professional and to health and mental health care professionals'
treatment recommendations;

(iii) what consideration was given to the requests or preferences of the child's parent or
guardian with regard to the child's interventions, services, or treatment; and

(iv) what consideration was given to the cultural appropriateness of the child's treatment
or services.

(b) If the court finds that the social services agency's preventive or reunification efforts
have not been reasonable but that further preventive or reunification efforts could not permit
the child to safely remain at home, the court may nevertheless authorize or continue the
removal of the child.

(c) If the child has been identified by the responsible social services agency as the subject
of concurrent permanency planning, the court shall review the reasonable efforts of the
agency to develop a permanency plan for the child that includes a primary plan that is for
reunification with the child's parent or guardian and a secondary plan that is for an alternative,
legally permanent home for the child in the event reunification cannot be achieved in a
timely manner.

Sec. 13.

Minnesota Statutes 2024, section 260C.202, subdivision 2, is amended to read:

Subd. 2.

Court review for a child placed in foster care.

(a) If the court orders a child
placed in foster care, the court shall review the out-of-home placement plan and the child's
placement at least every 90 days as required in juvenile court rules to determine whether
continued out-of-home placement is necessary and appropriate or whether the child should
be returned home.

(b) This review is not required if the court has returned the child home, ordered the child
permanently placed away from the parent under sections 260C.503 to 260C.521, or
terminated rights under section 260C.301. Court review for a child permanently placed
away from a parent, including where the child is under guardianship of the commissioner,
is governed by section 260C.607.

(c) When a child is placed in a qualified residential treatment program setting as defined
in section 260C.007, subdivision 26d, the responsible social services agency must submit
evidence to the court as specified in section 260C.712.

(d) No later than three months after the child's placement in foster care, the court shall
review agency efforts to search for and notify relatives pursuant to section 260C.221, and
order that the agency's efforts begin immediately, or continue, if the agency has failed to
perform, or has not adequately performed, the duties under that section. The court must
order the agency to continue to appropriately engage relatives who responded to the notice
under section 260C.221 in placement and case planning decisions and to consider relatives
for foster care placement consistent with section 260C.221. Notwithstanding a court's finding
that the agency has made reasonable efforts to search for and notify relatives under section
260C.221, the court may order the agency to continue making reasonable efforts to search
for, notify, engage, and consider relatives who came to the agency's attention after sending
the initial notice under section 260C.221.

(e) The court shall review the out-of-home placement plan and may modify the plan as
provided under section 260C.201, subdivisions 6 and 7.

(f) When the court transfers the custody of a child to a responsible social services agency
resulting in foster care or protective supervision with a noncustodial parent under subdivision
1, the court shall notify the parents of the provisions of sections 260C.204 and 260C.503
to 260C.521, as required under juvenile court rules.

deleted text begin (g) When a child remains in or returns to foster care pursuant to section 260C.451 and
the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c), the
court shall at least annually conduct the review required under section 260C.203.
deleted text end

Sec. 14.

Minnesota Statutes 2024, section 260C.202, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Court review prior to the 18th birthday of a child in foster care. new text end

new text begin (a) The
court must conduct a review during the 90-day period prior to the 18th birthday of a child
in foster care.
new text end

new text begin (b) The responsible social services agency must file a written report with the court
containing or attaching the following:
new text end

new text begin (1) the child's name, date of birth, race, gender, and current address;
new text end

new text begin (2) whether the child is eligible for extended foster care and if not, the reason or reasons
why the child is not eligible;
new text end

new text begin (3) a written summary describing how the child was involved in creating the child's plan
for after their 18th birthday;
new text end

new text begin (4) the date the required extended foster care eligibility notice in section 260C.451,
subdivision 1, was provided and the child's plan after the child's 18th birthday;
new text end

new text begin (5) the child's most recent independent living plan required under section 260C.212,
subdivision 1;
new text end

new text begin (6) if the agency's recommendation is to extend jurisdiction up to age 19 under section
260C.193, why the extended jurisdiction is in the child's best interest;
new text end

new text begin (7) if the agency's recommendation is to reunify the child with their parent or legal
guardian, why reunification is in the child's best interest;
new text end

new text begin (8) if the agency plans to transition the child into adult services on or after the child's
18th birthday, a summary of the transition plan as required in section 260C.452 and how
this plan is in the child's best interest; and
new text end

new text begin (9) if the child's plan is to leave foster care at age 18 and not continue in extended foster
care, a copy of their 180-day transition plan required in section 260C.452 and the reasons
the child is not continuing in extended foster care.
new text end

new text begin (c) The agency must inform the child and parties to the proceeding of the reporting and
court review requirements of this subdivision and their right to request a hearing. The child
or a party to the proceeding may request a hearing if they believe the agency did not make
reasonable efforts under this subdivision.
new text end

new text begin (d) Upon receiving the report, the court must hold a hearing when a party to the
proceeding or the child requests a hearing. In all other circumstances, the court has the
discretion to hold a hearing or issue an order without a hearing.
new text end

new text begin (e) The court must issue an order with findings including but not limited to the following:
new text end

new text begin (1) whether the responsible social services agency provided the notice to the child about
extended foster care as required in section 260C.451;
new text end

new text begin (2) whether the responsible social services agency engaged with the child and
appropriately planned with the child to transition to adulthood; and
new text end

new text begin (3) if the child has decided to not continue in the extended foster care program at age
18, whether the responsible social services agency informed the child that they can reenter
extended foster care up to age 21 or that the child is not eligible to reenter and why.
new text end

Sec. 15.

Minnesota Statutes 2024, section 260C.202, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Court reviews for a child over age 18 in foster care. new text end

new text begin When a child remains
in or returns to foster care pursuant to section 260C.451 and the court has jurisdiction
pursuant to section 260C.193, subdivision 6, paragraph (c), the court must at least annually
conduct the review required under section 260C.203.
new text end

Sec. 16.

Minnesota Statutes 2024, section 260C.204, is amended to read:

260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER
CARE FOR SIX MONTHS.

(a) When a child continues in placement out of the home of the parent or guardian from
whom the child was removed, no later than six months after the child's placement the court
shall conduct a permanency progress hearing to review:

(1) the progress of the case, the parent's progress on the case plan or out-of-home
placement plan, whichever is applicable;

(2) the agency's reasonable, or in the case of an Indian child, active efforts for
reunification and its provision of services;

(3) the agency's reasonable efforts to finalize the permanent plan for the child under
section 260.012, paragraph (e), and to make a placement as required under section 260C.212,
subdivision 2, in a home that will commit to being the legally permanent family for the
child in the event the child cannot return home according to the timelines in this section;
and

(4) in the case of an Indian child, active efforts to prevent the breakup of the Indian
family and to make a placement according to the placement preferences under United States
Code, title 25, chapter 21, section 1915.

(b) When a child is placed in a qualified residential treatment program setting as defined
in section 260C.007, subdivision 26d, the responsible social services agency must submit
evidence to the court as specified in section 260C.712.

(1) responded to the agency's notice provided under section 260C.221, indicating an
interest in participating in planning for the child or being a permanency resource for the
child and who has kept the court apprised of the relative's address; or

(2) asked to be notified of court proceedings regarding the child as is permitted in section
260C.152, subdivision 5.

(d)(1) If the parent or guardian has maintained contact with the child and is complying
with the court-ordered out-of-home placement plan, and if the child would benefit from
reunification with the parent, the court may either:

(i) return the child home, if the conditions that led to the out-of-home placement have
been sufficiently mitigated that it is safe and in the child's best interests to return home; or

(ii) continue the matter up to a total of six additional months. If the child has not returned
home by the end of the additional six months, the court must conduct a hearing according
to sections 260C.503 to 260C.521.

(2) If the court determines that the parent or guardian is not complying, is not making
progress with or engaging with services in the out-of-home placement plan, or is not
maintaining regular contact with the child as outlined in the visitation plan required as part
of the out-of-home placement plan under section 260C.212, the court may order the
responsible social services agency:

(i) to develop a plan for legally permanent placement of the child away from the parent;

(ii) to consider, identify, recruit, and support one or more permanency resources from
the child's relatives and foster parent, consistent with new text begin clause (3) and new text end section 260C.212,
subdivision 2, paragraph (a), to be the legally permanent home in the event the child cannot
be returned to the parent. Any relative or the child's foster parent may ask the court to order
the agency to consider them for permanent placement of the child in the event the child
cannot be returned to the parent. A relative or foster parent who wants to be considered
under this item shall cooperate with the background study required under section 245C.08,
if the individual has not already done so, and with the home study process required under
chapter 142B for providing child foster care and for adoption under section 259.41. The
home study referred to in this item shall be a single-home study in the form required by the
commissioner of children, youth, and families or similar study required by the individual's
state of residence when the subject of the study is not a resident of Minnesota. The court
may order the responsible social services agency to make a referral under the Interstate
Compact on the Placement of Children when necessary to obtain a home study for an
individual who wants to be considered for transfer of permanent legal and physical custody
or adoption of the child; and

(iii) to file a petition to support an order for the legally permanent placement plan.

new text begin (3) Consistent with section 260C.223, subdivision 2, paragraph (b), the responsible social
services agency must not define a foster family as the permanent home for a child until:
new text end

new text begin (i) inquiry and Tribal notice requirements under section 260.761, subdivisions 1 and 2,
are satisfied;
new text end

new text begin (ii) inquiry about the child's heritage, including their race, culture, and ethnicity pursuant
to section 260.63, subdivision 10, has been completed; and
new text end

new text begin (iii) the court has determined that reasonable or active efforts toward completing the
relative search requirements in section 260C.221 have been made.
new text end

(e) Following the review under this section:

(1) if the court has either returned the child home or continued the matter up to a total
of six additional months, the agency shall continue to provide services to support the child's
return home or to make reasonable efforts to achieve reunification of the child and the parent
as ordered by the court under an approved case plan;

(2) if the court orders the agency to develop a plan for the transfer of permanent legal
and physical custody of the child to a relative, a petition supporting the plan shall be filed
in juvenile court within 30 days of the hearing required under this section and a trial on the
petition held within 60 days of the filing of the pleadings; or

(3) if the court orders the agency to file a termination of parental rights, unless the county
attorney can show cause why a termination of parental rights petition should not be filed,
a petition for termination of parental rights shall be filed in juvenile court within 30 days
of the hearing required under this section and a trial on the petition held within 60 days of
the filing of the petition.

Sec. 17.

Minnesota Statutes 2024, section 260C.212, subdivision 1, is amended to read:

Subdivision 1.

Out-of-home placement; plan.

deleted text begin (a) An out-of-home placement plan shall
be prepared within 30 days after any child is placed in foster care by court order or a
deleted text end deleted text begin voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to section 260C.227 or chapter deleted text end deleted text begin 260D deleted text end deleted text begin .
deleted text end

deleted text begin (b)deleted text end new text begin (a)new text end An out-of-home placement plan means a written document individualized to the
needs of the child and the child's parents or guardians that is prepared by the responsible
social services agencynew text begin using a form developed by the commissioner. The plan must be
completednew text end jointly with the child's parents or guardians and in consultation with the child's
guardian ad litem; the child's tribe, if the child is an Indian child; the child's foster parent
or representative of the foster care facility; and, when appropriate, the child. When a child
is age 14 or older, the child may include two other individuals on the team preparing the
child's out-of-home placement plan. The child may select one member of the case planning
team to be designated as the child's advisor and to advocate with respect to the application
of the reasonable and prudent parenting standards. The responsible social services agency
may reject an individual selected by the child if the agency has good cause to believe that
the individual would not act in the best interest of the child. For a child in voluntary foster
care for treatment under chapter 260D, preparation of the out-of-home placement plan shall
additionally include the child's mental health treatment provider. For a child 18 years of
age or older, the responsible social services agency shall involve the child and the child's
parents as appropriate. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad litem,
a representative of the child's tribe, the responsible social services agency, and, if possible,
the child.

new text begin (b) Before an out-of-home placement plan is signed by the parent or parents or guardian
of the child, the responsible social services agency must provide the parent or parents or
guardian with a one- to two-page summary of the plan using a form developed by the
commissioner. The out-of-home placement plan summary must clearly summarize the plan's
contents under paragraph (d) and list the requirements and responsibilities for the parent or
parents or guardian using plain language. The summary must be updated and provided to
the parent or parents or guardian when the out-of-home placement plan is updated under
subdivision 1a.
new text end

new text begin (c) An out-of-home placement plan summary shall be prepared within 30 days after any
child is placed in foster care by court order or voluntary placement agreement between the
responsible social services agency and the child's parent pursuant to section 260C.227 or
chapter 260D. An out-of-home placement plan shall be prepared within 60 days after any
child is placed in foster care by court order or a voluntary placement agreement between
the responsible social services agency and the child's parent pursuant to section 260C.227
or chapter 260D.
new text end

deleted text begin (c)deleted text end new text begin (d)new text end The out-of-home placement plan shall be explained by the responsible social
services agency to all persons involved in the plan's implementation, including the child
who has signed the plan, and shall set forth:

(1) a description of the foster care home or facility selected, including how the
out-of-home placement plan is designed to achieve a safe placement for the child in the
least restrictive, most family-like setting available that is in close proximity to the home of
the child's parents or guardians when the case plan goal is reunification; and how the
placement is consistent with the best interests and special needs of the child according to
the factors under subdivision 2, paragraph (b);

new text begin (2) a description of the services offered and provided to prevent removal of the child
from the home;
new text end

deleted text begin (2)deleted text end new text begin (3)new text end the specific reasons for the placement of the child in foster care, and when
reunification is the plan, a description of the problems or conditions in the home of the
parent or parents that necessitated removal of the child from home and new text begin the services offered
and provided to support new text end the changes the parent or parents must make for the child to safely
return homedeleted text begin ;
deleted text end

deleted text begin (3) a description of the services offered and provided to prevent removal of the child
from the homedeleted text end and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate or
correct the problems or conditions identified in clause (2), and the time period during which
the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made to
achieve a safe and stable home for the child including social and other supportive services
to be provided or offered to the parent or parents or guardian of the child, the child, and the
residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if not,
the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined in
section 260C.007, subdivision 26b or 27, and siblings of the child if the siblings are not
placed together in foster care, and whether visitation is consistent with the best interest of
the child, during the period the child is in foster care;

(6) when a child cannot return to or be in the care of either parent, documentation of
steps to finalize new text begin permanency through either:
new text end

new text begin (i) new text end adoption as the permanency plan for the child through reasonable efforts to place the
child for adoption pursuant to section 260C.605. At a minimum, the documentation must
include consideration of whether adoption is in the best interests of the child and
child-specific recruitment efforts such as a relative search, consideration of relatives for
adoptive placement, and the use of state, regional, and national adoption exchanges to
facilitate orderly and timely placements in and outside of the state. A copy of this
documentation shall be provided to the court in the review required under section 260C.317,
subdivision 3, paragraph (b);new text begin or
new text end

deleted text begin (7) when a child cannot return to or be in the care of either parent, documentation of
steps to finalizedeleted text end new text begin (ii)new text end the transfer of permanent legal and physical custody to a relative as the
permanency plan for the child. This documentation must support the requirements of the
kinship placement agreement under section 142A.605 and must include the reasonable
efforts used to determine that it is not appropriate for the child to return home or be adopted,
and reasons why permanent placement with a relative through a Northstar kinship assistance
arrangement is in the child's best interest; how the child meets the eligibility requirements
for Northstar kinship assistance payments; agency efforts to discuss adoption with the child's
relative foster parent and reasons why the relative foster parent chose not to pursue adoption,
if applicable; and agency efforts to discuss with the child's parent or parents the permanent
transfer of permanent legal and physical custody or the reasons why these efforts were not
made;

deleted text begin (8)deleted text end new text begin (7)new text end efforts to ensure the child's educational stability while in foster care for a child
who attained the minimum age for compulsory school attendance under state law and is
enrolled full time in elementary or secondary school, or instructed in elementary or secondary
education at home, or instructed in an independent study elementary or secondary program,
or incapable of attending school on a full-time basis due to a medical condition that is
documented and supported by regularly updated information in the child's case plan.
Educational stability efforts include:

(i) efforts to ensure that the child remains in the same school in which the child was
enrolled prior to placement or upon the child's move from one placement to another, including
efforts to work with the local education authorities to ensure the child's educational stability
and attendance; or

(ii) if it is not in the child's best interest to remain in the same school that the child was
enrolled in prior to placement or move from one placement to another, efforts to ensure
immediate and appropriate enrollment for the child in a new school;

deleted text begin (9)deleted text end new text begin (8)new text end the educational records of the child including the most recent information available
regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

deleted text begin (10)deleted text end new text begin (9)new text end the efforts by the responsible social services agency to deleted text begin ensuredeleted text end new text begin support the child's
well-being by ensuringnew text end the oversight and continuity of health care services for the foster
childnew text begin and documenting their health recordnew text end , including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, shall be monitored and treated while the child is in foster care;

(iii) how the child's medical information shall be updated and shared, including the
child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals shall be
consulted and involved in assessing the health and well-being of the child and determine
the appropriate medical treatment for the child; deleted text begin and
deleted text end

(vii) the responsibility to ensure that the child has access to medical care through either
medical insurance or medical assistance;new text begin and
new text end

deleted text begin (11) the health records of the child includingdeleted text end new text begin (viii)new text end information available regarding:

deleted text begin (i)deleted text end new text begin (A)new text end the names and addresses of the child's health care and dental care providers;

deleted text begin (ii)deleted text end new text begin (B)new text end a record of the child's immunizations;

deleted text begin (iii)deleted text end new text begin (C)new text end the child's known medical problems, including any known communicable
diseases as defined in section 144.4172, subdivision 2;

deleted text begin (iv)deleted text end new text begin (D)new text end the child's medications; and

deleted text begin (v)deleted text end new text begin (E)new text end any other relevant health care information such as the child's eligibility for medical
insurance or medical assistance;

deleted text begin (12)deleted text end new text begin (10)new text end an independent living plan for a child 14 years of age or older, developed in
consultation with the child. The child may select one member of the case planning team to
be designated as the child's advisor and to advocate with respect to the application of the
reasonable and prudent parenting standards in subdivision 14. The plan should include, but
not be limited to, the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a driver's
license;

(iv) money management, including the responsibility of the responsible social services
agency to ensure that the child annually receives, at no cost to the child, a consumer report
as defined under section 13C.001 and assistance in interpreting and resolving any inaccuracies
in the report;

(v) planning for housing;

(vi) social and recreational skills;

(vii) establishing and maintaining connections with the child's family and community;
and

(viii) regular opportunities to engage in age-appropriate or developmentally appropriate
activities typical for the child's age group, taking into consideration the capacities of the
individual child;

deleted text begin (13)deleted text end new text begin (11)new text end for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes;

deleted text begin (14)deleted text end new text begin (12)new text end for a child 14 years of age or older, a signed acknowledgment that describes
the child's rights regarding education, health care, visitation, safety and protection from
exploitation, and court participation; receipt of the documents identified in section 260C.452;
and receipt of an annual credit report. The acknowledgment shall state that the rights were
explained in an age-appropriate manner to the child; and

deleted text begin (15)deleted text end new text begin (13)new text end for a child placed in a qualified residential treatment program, the plan must
include the requirements in section 260C.708.

deleted text begin (d)deleted text end new text begin (e)new text end The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time of
placement of the child. The child shall also have the right to a guardian ad litem. If unable
to employ counsel from their own resources, the court shall appoint counsel upon the request
of the parent or parents or the child or the child's legal guardian. The parent or parents may
also receive assistance from any person or social services agency in preparation of the case
plan.

deleted text begin (e) Before an out-of-home placement plan is signed by the parent or parents or guardian
of the child, the responsible social services agency must provide the parent or parents or
guardian with a one- to two-page summary of the plan using a form developed by the
commissioner. The out-of-home placement plan summary must clearly summarize the plan's
contents under paragraph (c) and list the requirements and responsibilities for the parent or
deleted text end deleted text begin parents or guardian using plain language. The summary must be updated and provided to
the parent or parents or guardian when the out-of-home placement plan is updated under
subdivision 1a.
deleted text end

(f) After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan and
shall be provided a copy of the plan.

(g) Upon the child's discharge from foster care, the responsible social services agency
must provide the child's parent, adoptive parent, or permanent legal and physical custodian,
and the child, if the child is 14 years of age or older, with a current copy of the child's health
and education record. If a child meets the conditions in subdivision 15, paragraph (b), the
agency must also provide the child with the child's social and medical history. The responsible
social services agency may give a copy of the child's health and education record and social
and medical history to a child who is younger than 14 years of age, if it is appropriate and
if subdivision 15, paragraph (b), applies.

Sec. 18.

Minnesota Statutes 2024, section 260C.212, subdivision 1a, is amended to read:

Subd. 1a.

Out-of-home placement plan update.

(a) Within 30 days of placing the child
in foster care, the agency mustnew text begin complete the child's out-of-home placement plan summary
and file it with the court. Within 60 days of placing the child in foster care, the agency mustnew text end
file the child's initial out-of-home placement plan with the court. After filing the child's
deleted text begin initialdeleted text end out-of-home placement plan, the agency shall update and file the child's out-of-home
placement plan with the court as follows:

(1) when the agency moves a child to a different foster care setting, the agency shall
inform the court within 30 days of the child's placement change or court-ordered trial home
visit. The agency must file the child's updatednew text begin out-of-home placement plan summary andnew text end
out-of-home placement plan with the court at the next required review hearing;

(2) when the agency places a child in a qualified residential treatment program as defined
in section 260C.007, subdivision 26d, or moves a child from one qualified residential
treatment program to a different qualified residential treatment program, the agency must
update the child's out-of-home placement plan within 60 days. To meet the requirements
of section 260C.708, the agency must file the child's out-of-home placement plan along
with the agency's report seeking the court's approval of the child's placement at a qualified
residential treatment program under section 260C.71. After the court issues an order, the
agency must update the child's out-of-home placement plan to document the court's approval
or disapproval of the child's placement in a qualified residential treatment program;

(3) when the agency places a child with the child's parent in a licensed residential
family-based substance use disorder treatment program under section 260C.190, the agency
must identify the treatment program where the child will be placed in the child's out-of-home
placement plan prior to the child's placement. The agency must file the child'snew text begin out-of-home
placement plan summary andnew text end out-of-home placement plan with the court at the next required
review hearing; and

(4) under sections 260C.227 and 260C.521, the agency must update the child'snew text begin
out-of-home placement plan summary andnew text end out-of-home placement plan and file the child's
out-of-home placement plan with the court.

(b) When none of the items in paragraph (a) apply, the agency must update the child'snew text begin
out-of-home placement plan summary andnew text end out-of-home placement plan no later than 180
days after the child's initial placement and every six months thereafter, consistent with
section 260C.203, paragraph (a).

Sec. 19.

Minnesota Statutes 2024, section 260C.223, subdivision 1, is amended to read:

Subdivision 1.

Program; goals.

(a) The commissioner of children, youth, and families
shall establish a program for concurrent permanency planning for child protection services.

(b) Concurrent permanency planning involves a planning process for children who are
placed out of the home of their parents pursuant to a court order, or who have been voluntarily
placed out of the home by the parents for 60 days or more and who are not developmentally
disabled or emotionally disabled under section 260C.212, subdivision 9. The responsible
social services agency shall develop an alternative permanency plan while making reasonable
efforts for reunification of the child with the family, if required by section 260.012. The
goals of concurrent permanency planning are to:

(1) achieve early permanency for children;

(2) decrease children's length of stay in foster care and reduce the number of moves
children experience in foster care; and

(3) deleted text begin develop a group of familiesdeleted text end new text begin establish a foster parent for a childnew text end who will work towards
reunification and also serve as new text begin a new text end permanent deleted text begin familiesdeleted text end new text begin familynew text end for children.

Sec. 20.

Minnesota Statutes 2024, section 260C.223, subdivision 2, is amended to read:

Subd. 2.

Development of guidelines and protocols.

new text begin (a) new text end The commissioner shall establish
guidelines and protocols for social services agencies involved in concurrent permanency
planning, including criteria for conducting concurrent permanency planning based on relevant
factors such as:

(1) age of the child and duration of out-of-home placement;

(2) prognosis for successful reunification with parents;

(3) availability of relatives and other concerned individuals to provide support or a
permanent placement for the child; and

(4) special needs of the child and other factors affecting the child's best interests.

new text begin (b) new text end In developing the guidelines and protocols, the commissioner shall consult with
interest groups within the child protection system, including child protection workers, child
protection advocates, county attorneys, law enforcement, community service organizations,
the councils of color, and the ombudsperson for families.

new text begin (c) The responsible social services agency must not make a foster family the permanent
home for a child until:
new text end

new text begin (1) inquiry and Tribal notice requirements under section 260.761, subdivisions 1 and 2,
are satisfied;
new text end

new text begin (2) inquiry about the child's heritage, including their race, culture, and ethnicity pursuant
to section 260.63, subdivision 10, has been completed; and
new text end

new text begin (3) the court has determined that reasonable or active efforts toward completing the
relative search requirements in section 260C.221 have been made.
new text end

Sec. 21.

Minnesota Statutes 2024, section 260C.329, subdivision 3, is amended to read:

Subd. 3.

Petition.

new text begin (a) new text end The new text begin following individuals may file a petition for the reestablishment
of the legal parent and child relationship:
new text end

new text begin (1) new text end county attorneydeleted text begin ,deleted text end new text begin ;
new text end

new text begin (2)new text end a parent whose parental rights were terminated under a previous order of the courtdeleted text begin ,deleted text end new text begin ;
new text end

new text begin (3) a parent whose voluntary consent to adoption was accepted by the court and:
new text end

new text begin (i) the identified prospective adoptive parent did not finalize the adoption; or
new text end

new text begin (ii) the adoption finalized but subsequently dissolved and the child returned to foster
care and guardianship of the commissioner;
new text end

new text begin (4) new text end a child who is ten years of age or olderdeleted text begin ,deleted text end new text begin ;
new text end

new text begin (5)new text end the responsible social services agencydeleted text begin ,deleted text end new text begin ;new text end or

new text begin (6)new text end a guardian ad litem deleted text begin may file a petition for the reestablishment of the legal parent and
child relationshipdeleted text end .

new text begin (b)new text end A parent filing a petition under this section shall pay a filing fee in the amount
required under section 357.021, subdivision 2, clause (1). The filing fee may be waived
pursuant to chapter 563. A petition for the reestablishment of the legal parent and child
relationship may be filed when:

(1) the parent has corrected the conditions that led to an order terminating parental rights;

(2) the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child;

(3) the child has been in foster care for at least 24 months after the court issued the order
terminating parental rights;

(4) the child deleted text begin hasdeleted text end new text begin isnew text end not deleted text begin beendeleted text end new text begin currentlynew text end adopted; and

(5) the child is not the subject of a written adoption placement agreement between the
responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2.

Sec. 22.

Minnesota Statutes 2024, section 260C.329, subdivision 8, is amended to read:

Subd. 8.

Hearing.

The court may grant the petition ordering the reestablishment of the
legal parent and child relationship only if it finds by clear and convincing evidence that:

(1) reestablishment of the legal parent and child relationship is in the child's best interests;

(2) the child deleted text begin hasdeleted text end new text begin isnew text end not deleted text begin beendeleted text end new text begin currentlynew text end adopted;

(3) the child is not the subject of a written adoption placement agreement between the
responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2;

(4) at least 24 months have elapsed following a final order terminating parental rights
and the child remains in foster care;

(5) the child desires to reside with the parent;

(6) the parent has corrected the conditions that led to an order terminating parental rights;
and

(7) the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child.

Sec. 23.

Minnesota Statutes 2024, section 260C.451, subdivision 9, is amended to read:

Subd. 9.

Administrative or court review of placements.

(a) The court deleted text begin shalldeleted text end new text begin mustnew text end
conduct reviews at least annually to ensure the responsible social services agency is making
reasonable efforts to finalize the permanency plan for the child.

new text begin (b) The responsible social services agency must file a written report with the court
containing or attaching the following:
new text end

new text begin (1) the child's name, date of birth, race, gender, and current address;
new text end

new text begin (2) a written summary describing planning with the child, including supports and services
to ensure the child's safety, housing stability, well-being needs, and independent living
skills;
new text end

new text begin (3) the child's most recent out-of-home placement plan and independent living plan
required under section 260C.212, subdivision 1;
new text end

new text begin (4) if the child's plan is to not continue in extended foster care or if the child will reach
age 21 before the next review, a copy of their 180-day transition plan as required in section
260C.452, subdivision 4; and
new text end

new text begin (5) if the agency plans to transition the child into adult services, a summary of the
transition plan as required in section 260C.452, subdivision 4, and how this plan is in the
child's best interest.
new text end

deleted text begin (b)deleted text end new text begin (c)new text end The court deleted text begin shalldeleted text end new text begin mustnew text end find that the responsible social services agency is making
reasonable efforts to finalize the permanency plan for the child when the responsible social
services agency:

(1) provides appropriate support to the child and new text begin caregiver or new text end foster deleted text begin care providerdeleted text end new text begin parentnew text end
to ensure continuing stability and success in placement;

(2) works with the child to plan for transition to adulthood and assists the child in
demonstrating progress in achieving related goals;

(3) works with the child to plan for independent living skills and assists the child in
demonstrating progress in achieving independent living goals; and

(4) prepares the child for independence according to sections 260C.203, paragraph (d),
and 260C.452, subdivision 4.

deleted text begin (c)deleted text end new text begin (d)new text end The responsible social services agency must ensure that an administrative review
that meets the requirements of this section and section 260C.203 is completed at least six
months after each of the court's annual reviews.

Sec. 24.

Minnesota Statutes 2024, section 260C.452, subdivision 4, is amended to read:

Subd. 4.

Administrative or court review of placements.

(a) When the youth is 14 years
of age or older, the court, in consultation with the youth, shall review the youth's independent
living plan according to section 260C.203, paragraph (d).

(b) The responsible social services agency shall file a copy of the notification of foster
care benefits for a youth who is 18 years of age or older according to section 260C.451,
subdivision 1, with the court. If the responsible social services agency does not file the
notice by the time the youth is 17-1/2 years of age, the court shall require the responsible
social services agency to file the notice.

(c) When a youth is 18 years of age or older, the court shall ensure that the responsible
social services agency assists the youth in obtaining the following documents before the
youth leaves foster care: a Social Security card; an official or certified copy of the youth's
birth certificate; a state identification card or driver's license, Tribal enrollment identification
card, deleted text begin greendeleted text end new text begin permanent residentnew text end card, or school visa; health insurance information; the youth's
school, medical, and dental records; a contact list of the youth's medical, dental, and mental
health providers; and contact information for the youth's siblings, if the siblings are in foster
care.

(d) For a youth who will be discharged from foster care at 18 years of age or older
because the youth is not eligible for extended foster care benefits or chooses to leave foster
care, the responsible social services agency must develop a personalized transition plan as
directed by the youth during the 180-day period immediately prior to the expected date of
discharge. The transition plan must be as detailed as the youth elects and include specific
options, including but not limited to:

(1) affordable housing with necessary supports that does not include a homeless shelter;

(2) health insurance, including eligibility for medical assistance as defined in section
256B.055, subdivision 17;

(3) education, including application to the Education and Training Voucher Program;

(4) local opportunities for mentors and continuing support services;

(5) workforce supports and employment services;

(6) a copy of the youth's consumer credit report as defined in section 13C.001 and
assistance in interpreting and resolving any inaccuracies in the report, at no cost to the youth;

(7) information on executing a health care directive under chapter 145C and on the
importance of designating another individual to make health care decisions on behalf of the
youth if the youth becomes unable to participate in decisions;

(8) appropriate contact information through 21 years of age if the youth needs information
or help dealing with a crisis situation; and

(9) official documentation that the youth was previously in foster care.

Sec. 25.

Minnesota Statutes 2024, section 260E.09, is amended to read:

260E.09 REPORTING REQUIREMENTS.

(a) An oral report shall be made immediately by telephone or otherwise. An oral report
made by a person required under section 260E.06, subdivision 1, to report shall be followed
within 72 hours, exclusive of weekends and holidays, by a report in writing to the appropriate
police department, the county sheriff, the agency responsible for assessing or investigating
the report, or the local welfare agency.

(b) Any report shall be of sufficient content to identify the child, any person believed
to be responsible for the maltreatment of the child if the person is known, the nature and
extent of the maltreatment, and the name and address of the reporter. The local welfare
agency or agency responsible for assessing or investigating the report shall accept a report
made under section 260E.06 notwithstanding refusal by a reporter to provide the reporter's
name or address as long as the report is otherwise sufficient under this paragraph.new text begin The local
welfare agency or agency responsible for assessing or investigating the report shall ask the
reporter if the reporter is aware of the child or family heritage, including the child's Tribal
lineage pursuant to section 260.761 and their race, culture, and ethnicity pursuant to section
260.63, subdivision 10.
new text end

(c) Notwithstanding paragraph (a), upon implementation of the provider licensing and
reporting hub, an individual who has an account with the provider licensing and reporting
hub and is required to report suspected maltreatment at a licensed program under section
260E.06, subdivision 1, may submit a written report in the hub in a manner prescribed by
the commissioner and is not required to make an oral report. A report submitted through
the provider licensing and reporting hub must be made immediately.

Sec. 26.

Minnesota Statutes 2024, section 260E.20, subdivision 1, is amended to read:

Subdivision 1.

General duties.

(a) The local welfare agency shall offer services to
prevent future maltreatment, safeguarding and enhancing the welfare of the maltreated child,
and supporting and preserving family life whenever possible.

(b) If the report alleges a violation of a criminal statute involving maltreatment or child
endangerment under section 609.378, the local law enforcement agency and local welfare
agency shall coordinate the planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding efforts and multiple interviews.
Each agency shall prepare a separate report of the results of the agency's investigation or
assessment.

(c) In cases of alleged child maltreatment resulting in death, the local agency may rely
on the fact-finding efforts of a law enforcement investigation to make a determination of
whether or not maltreatment occurred.

(d) When necessary, the local welfare agency shall seek authority to remove the child
from the custody of a parent, guardian, or adult with whom the child is living.

(e) In performing any of these duties, the local welfare agency shall maintain an
appropriate record.

(f) In conducting a family assessmentnew text begin , noncaregiver human trafficking assessment,new text end or
investigation, the local welfare agency shall gather information on the existence of substance
abuse and domestic violence.

(g) If the family assessmentnew text begin , noncaregiver human trafficking assessment,new text end or investigation
indicates there is a potential for abuse of alcohol or other drugs by the parent, guardian, or
person responsible for the child's care, the local welfare agency must coordinate a
comprehensive assessment pursuant to section 245G.05.

(h) The agency may use either a family assessment or investigation to determine whether
the child is safe when responding to a report resulting from birth match data under section
260E.03, subdivision 23, paragraph (c). If the child subject of birth match data is determined
to be safe, the agency shall consult with the county attorney to determine the appropriateness
of filing a petition alleging the child is in need of protection or services under section
260C.007, subdivision 6, clause (16), in order to deliver needed services. If the child is
determined not to be safe, the agency and the county attorney shall take appropriate action
as required under section 260C.503, subdivision 2.

new text begin (i) When conducting any assessment or investigation, the agency shall ask the child, if
age appropriate; parents; extended family; and reporter about the child's family heritage,
including the child's Tribal lineage pursuant to section 260.761 and the child's race, culture,
and ethnicity pursuant to section 260.63, subdivision 10.
new text end

Sec. 27.

Minnesota Statutes 2024, section 260E.20, subdivision 3, is amended to read:

Subd. 3.

Collection of information.

(a) The local welfare agency responsible for
conducting a family assessmentnew text begin , noncaregiver human trafficking assessment,new text end or investigation
shall collect available and relevant information to determine child safety, risk of subsequent
maltreatment, and family strengths and needs and share not public information with an
Indian's Tribal social services agency without violating any law of the state that may
otherwise impose a duty of confidentiality on the local welfare agency in order to implement
the Tribal state agreement.

(b) The local welfare agency or the agency responsible for investigating the report shall
collect available and relevant information to ascertain whether maltreatment occurred and
whether protective services are needed.

(c) Information collected includes, when relevant, information regarding the person
reporting the alleged maltreatment, including the nature of the reporter's relationship to the
child and to the alleged offender, and the basis of the reporter's knowledge for the report;
the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the alleged maltreatment.

(d) Information relevant to the assessment or investigation must be requested, and may
include:

(1) the child's sex and age; prior reports of maltreatment, including any maltreatment
reports that were screened out and not accepted for assessment or investigation; information
relating to developmental functioning; credibility of the child's statement; and whether the
information provided under this clause is consistent with other information collected during
the course of the assessment or investigation;

(2) new text begin except in a noncaregiver human trafficking assessment, new text end the alleged offender's age,
a record check for prior reports of maltreatment, and criminal charges and convictions;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the child;
(ii) prior medical records relating to the alleged maltreatment or the care of the child
maintained by any facility, clinic, or health care professional and an interview with the
treating professionals; and (iii) interviews with the child's caretakers, including the child's
parent, guardian, foster parent, child care provider, teachers, counselors, family members,
relatives, and other persons who may have knowledge regarding the alleged maltreatment
and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of the child,
and substance abuse.

(e) Nothing in this subdivision precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report from
collecting other relevant information necessary to conduct the assessment or investigation.

(f) Notwithstanding section 13.384 or 144.291 to 144.298, the local welfare agency has
access to medical data and records for purposes of paragraph (d), clause (3).

Sec. 28.

new text begin [260E.215] REPORTING OF SCHOOL ATTENDANCE CONCERNS.
new text end

new text begin Subdivision 1. new text end

new text begin Reports required. new text end

new text begin (a) A person mandated to report under this chapter
must immediately report to the local welfare agency or designated partner if the person
knows or has reason to believe that a child required to be enrolled in school under section
120A.22 has at least seven unexcused absences in the current school year and is at risk of
educational neglect or truancy under section 260C.163, subdivision 11.
new text end

new text begin (b) Any person may make a voluntary report if the person knows or has reason to believe
that a child required to be enrolled in school under section 120A.22 has at least seven
unexcused absences in the current school year and is at risk of educational neglect or truancy
under section 260C.163, subdivision 11.
new text end

new text begin (c) An oral report must be made immediately. An oral report made by a person required
to report under paragraph (a) must be followed within 72 hours, exclusive of weekends and
holidays, by a report in writing to the local welfare agency. A report must sufficiently
identify the child and the child's parent or guardian, the actual or estimated number of the
child's unexcused absences in the current school year, the efforts made by school officials
to resolve attendance concerns with the family, and the name and address of the reporter.
A voluntary reporter under paragraph (b) may refuse to provide their name or address if the
report is otherwise sufficient, and the local welfare agency must accept such a report.
new text end

new text begin Subd. 2. new text end

new text begin Local welfare agency. new text end

new text begin (a) The local welfare agency or partner designated to
provide child welfare services must provide a child welfare response for a report that alleges
a child enrolled in school has seven or more unexcused absences. When providing a child
welfare response under this paragraph, the local welfare agency or designated partner must
offer services to the child and the child's family to address school attendance concerns or
may partner with a county attorney's office, a community-based organization, or other
community partner to provide the services. The services must be culturally and linguistically
appropriate and tailored to the needs of the child and the child's family. This section is
subject to the requirements of the Minnesota Indian Family Preservation Act under sections
260.751 to 260.835 and the Minnesota African American Family Preservation and Child
Welfare Disproportionality Act under sections 260.61 to 260.693.
new text end

new text begin (b) If the unexcused absences continue and the family has not engaged with services
under paragraph (a) after the local welfare agency or partner designated to provide child
welfare services has made multiple varied attempts to engage the child's family, a report of
educational neglect must be made regardless of the number of unexcused absences the child
has accrued. The local welfare agency must determine the response path assignment pursuant
to section 260E.17 and may proceed with the process outlined in section 260C.141.
new text end

Sec. 29.

Minnesota Statutes 2024, section 260E.24, subdivision 1, is amended to read:

Subdivision 1.

Timing.

The local welfare agency shall conclude the family assessmentnew text begin ,
the noncaregiver human trafficking assessment,new text end or the investigation within 45 days of the
receipt of a report. The conclusion of the assessment or investigation may be extended to
permit the completion of a criminal investigation or the receipt of expert information
requested within 45 days of the receipt of the report.

Sec. 30.

Minnesota Statutes 2024, section 260E.24, subdivision 2, is amended to read:

Subd. 2.

Determination after family assessment or a noncaregiver human trafficking
assessment.

After conducting a family assessment or a noncaregiver human trafficking
assessment, the local welfare agency shall determine whether child protective services are
needed to address the safety of the child and other family members and the risk of subsequent
maltreatment. The local welfare agency must document the information collected under
section 260E.20, subdivision 3, related to the completed family assessmentnew text begin or noncaregiver
human trafficking assessmentnew text end in the child's or family's case notes.

Sec. 31. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change paragraphs to subdivisions, clauses to paragraphs,
and items to clauses in Minnesota Statutes, sections 260C.203 and 260C.204. The revisor
shall make any necessary grammatical changes or changes to sentence structure necessary
to preserve the meaning of the text as a result of the changes. The revisor of statutes must
correct any statutory cross-references consistent with the changes in this section.
new text end

Office of the Revisor of Statutes

SF 2778

Bill Text Versions

ARTICLE 1

ECONOMIC ASSISTANCE

Section 1.

new text begin Subd. 35. new text end

new text begin Electronic benefits transfer; contracting and procurement. new text end

ARTICLE 2

CHILD CARE PROVIDER PROGRAMS

Section 1.

new text begin Subd. 11. new text end

new text begin Data. new text end

ARTICLE 3

CHILD WELFARE

Section 1.

260.65 NONCUSTODIAL PARENTS; RELATIVE PLACEMENT.

Sec. 2.

Subdivision 1.

Emergency removal or placement permitted.

Sec. 3.

Subdivision 1.

new text begin Establishment and new text end duties.

Sec. 4.

260.692 AFRICAN AMERICAN CHILD new text begin AND FAMILY new text end WELL-BEING UNIT.

Subdivision 1.

Duties.

Subd. 2.

Case reviews.

Subd. 3.

Reports.

Sec. 5.

Subd. 2.

Juvenile protection proceedings.

Sec. 6.

Subd. 19.

Habitual truant.

Sec. 7.

Subdivision 1.

Who may file; required form.

Sec. 8.

Subd. 3.

Identifying parents of child; diligent efforts; data.

Sec. 9.

Subdivision 1.

Hearing and release requirements.

Sec. 10.

Subd. 7.

Case plan.

Sec. 11.

Subdivision 1.

Dispositions.

Sec. 12.

Subd. 2.

Written findings.

Sec. 13.

Subd. 2.

Court review for a child placed in foster care.

Sec. 14.

new text begin Subd. 3. new text end

new text begin Court review prior to the 18th birthday of a child in foster care. new text end

Sec. 15.

new text begin Subd. 4. new text end

new text begin Court reviews for a child over age 18 in foster care. new text end

Sec. 16.

260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER CARE FOR SIX MONTHS.

Sec. 17.

Subdivision 1.

Out-of-home placement; plan.

Sec. 18.

Subd. 1a.

Out-of-home placement plan update.

Sec. 19.

Subdivision 1.

Program; goals.

Sec. 20.

Subd. 2.

Development of guidelines and protocols.

Sec. 21.

Subd. 3.

260C.204 PERMANENCY PROGRESS REVIEW FOR CHILDREN IN FOSTER
CARE FOR SIX MONTHS.

new text begin [260E.215] REPORTING OF SCHOOL ATTENDANCE CONCERNS.
new text end

Determination after family assessment or a noncaregiver human trafficking
assessment.

Sec. 31. new text begin REVISOR INSTRUCTION.
new text end

Section 1. new text begin TRANSFERS TO THE DEPARTMENT OF CHILDREN, YOUTH, AND
FAMILIES IN UNCODIFIED LAW.
new text end