1.1 	A bill for an act
1.2 	relating to children; modifying the definition of active efforts in the Minnesota 
1.3 	African American Family Preservation and Child Welfare Disproportionality Act;
1.4 	amending Minnesota Statutes 2024, sections 260.63, subdivision 2; 260.64; 
1.5 	260.641; 260.67, subdivision 3; 260.68, subdivision 2; Minnesota Statutes 2025 
1.6 	Supplement, section 260.65.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2024, section 260.63, subdivision 2, is amended to read:
1.9 		Subd. 2.Active Reasonable efforts. "Active Reasonable efforts" means a rigorous and 
1.10 	concerted reasonable and realistic level of effort given the particular circumstances of the 
1.11 	child and family that the responsible social services agency must continuously make 
1.12 	throughout the time that the responsible social services agency is involved with an African 
1.13 	American or a disproportionately represented child and the child's family. To provide active
1.14 	reasonable efforts to preserve an African American or a disproportionately represented 
1.15 	child's family, the responsible social services agency must continuously collaboratively and 
1.16 	consistently involve an African American or a disproportionately represented child's family 
1.17 	in all relevant services for the family safety and protection of the child, including case 
1.18 	planning and choosing available, adequate, and accessible services and providers, and inform 
1.19 	the family of the ability to file a report of noncompliance with this act with the commissioner 
1.20 	through the child welfare compliance and feedback portal. When providing active reasonable
1.21 	efforts, a responsible social services agency must consider an African American or a 
1.22 	disproportionately represented child's family's social and cultural values at all times while 
1.23 	providing selecting available, adequate, and accessible services to with or for the African 
1.24 	American or disproportionately represented child and the child's family. Active Reasonable
2.1 	efforts includes continuous demonstrated efforts to preserve an African American or a 
2.2 	disproportionately represented child's family and to prevent, when possible, the out-of-home 
2.3 	placement of an African American or a disproportionately represented child. If an African 
2.4 	American or a disproportionately represented child enters out-of-home placement, the 
2.5 	responsible social services agency must make active reasonable efforts to reunify the African 
2.6 	American or disproportionately represented child with the child's family as soon as possible
2.7 	safety is established. Active Reasonable efforts sets a higher standard for are made upon 
2.8 	the exercise of due diligence by the responsible social services agency than reasonable 
2.9 	effortsand must be tailored to meet the individualized needs of the child and the child's 
2.10 	family to preserve the child's family, prevent the child's out-of-home placement, and reunify 
2.11 	the child with the child's family when it is safe to do so. Active efforts includes the provision 
2.12 	of Reasonable efforts as are required by Title IV-E of the Social Security Act, United States 
2.13 	Code, title 42, sections 670 to 679c.

2.14 	Sec. 2. Minnesota Statutes 2024, section 260.64, is amended to read:
2.15 	260.64 DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND PROMOTE 
2.16 	FAMILY REUNIFICATION.
2.17 		Subdivision 1.Active Reasonable efforts to prevent out-of-home placement or 
2.18 	removal. A responsible social services agency shall make active reasonable efforts to prevent 
2.19 	the out-of-home placement of an African American or a disproportionately represented 
2.20 	child, eliminate the need for a child's removal from the child's home, and reunify an African 
2.21 	American or a disproportionately represented child with the child's family as soon as 
2.22 	practicable.
2.23 		Subd. 2.Safety plan. (a) Prior to petitioning the court to remove an African American 
2.24 	or a disproportionately represented child from the child's home under section 260.66, a 
2.25 	responsible social services agency must work with the child's family to allow the child to 
2.26 	remain in the child's home while implementing a safety plan based on the family's needs. 
2.27 	The responsible social services agency must:
2.28 	(1) make active reasonable efforts to engage the child's parent or custodian and the child, 
2.29 	when appropriate;
2.30 	(2) assess the family's cultural and economic needs and, if applicable, needs and services 
2.31 	related to the child's disability;
2.32 	(3) hold a family group consultation meeting and connect the family with supports to 
2.33 	establish a safety network for the family; and
3.1 	(4) provide support, guidance, and input to assist the family and the family's safety 
3.2 	network with developing the safety plan.
3.3 	(b) The safety plan must:
3.4 	(1) address the specific allegations impacting the child's safety in the home. If neglect 
3.5 	is alleged, the safety plan must incorporate economic services and supports for the child 
3.6 	and the child's family, if eligible, to address the family's specific needs and prevent neglect;
3.7 	(2) incorporate family and community support to ensure the child's safety while keeping 
3.8 	the family intact; and
3.9 	(3) be adjusted as needed to address the child's and family's ongoing needs and support.
3.10 	(c) The responsible social services agency is not required to establish a safety plan:
3.11 	(1) in a case with allegations of sexual abuse or egregious harm;
3.12 	(2) when the parent is not willing to follow a safety plan;
3.13 	(3) when the parent has abandoned the child or is unavailable to follow a safety plan; 
3.14 	or
3.15 	(4) when the parent has chronic substance use disorder issues and is unable to parent 
3.16 	the child.
3.17 		Subd. 3.Out-of-home placement prohibited. Unless the court finds by clear and 
3.18 	convincing evidence that the child would be at risk of serious emotional damage or serious 
3.19 	physical damage if the child were to remain in the child's home, a court shall not order a 
3.20 	foster care or permanent out-of-home placement of an African American or a 
3.21 	disproportionately represented child alleged to be in need of protection or services. At each 
3.22 	hearing regarding an African American or a disproportionately represented child who is 
3.23 	alleged or adjudicated to be in need of child protective services, the court shall review 
3.24 	whether the responsible social services agency has provided active reasonable efforts to the 
3.25 	child and the child's family and shall require the responsible social services agency to provide 
3.26 	evidence and documentation that demonstrate that the agency is providing culturally 
3.27 	informed, strength-based, community-involved, and community-based services to the child 
3.28 	and the child's family.
3.29 		Subd. 4.Required findings that active reasonable efforts were provided. When 
3.30 	determining whether the responsible social services agency has made active reasonable
3.31 	efforts to preserve the child's family, the court shall make findings regarding whether the 
3.32 	responsible social services agency made appropriate and meaningful services available to 
4.1 	the child's family based upon the family's specific needs. If a court determines that the 
4.2 	responsible social services agency did not make active reasonable efforts to preserve the 
4.3 	family as required by this section, the court shall order the responsible social services agency 
4.4 	to immediately provide active reasonable efforts to the child and child's family to preserve 
4.5 	the family.

4.6 	Sec. 3. Minnesota Statutes 2024, section 260.641, is amended to read:
4.7 	260.641 ENSURING FREQUENT VISITATION FOR AFRICAN AMERICAN 
4.8 	AND DISPROPORTIONATELY REPRESENTED CHILDREN IN OUT-OF-HOME 
4.9 	PLACEMENT.
4.10 	A responsible social services agency must engage in best practices related to visitation 
4.11 	when an African American or a disproportionately represented child is in out-of-home 
4.12 	placement. When the child is in out-of-home placement, the responsible social services 
4.13 	agency shall make active reasonable efforts to facilitate regular and frequent visitation 
4.14 	between the child and the child's parents or custodians, the child's siblings, and the child's 
4.15 	relatives. If visitation is infrequent between the child and the child's parents, custodians, 
4.16 	siblings, or relatives, the responsible social services agency shall make active reasonable
4.17 	efforts to increase the frequency of visitation and address any barriers to visitation.

4.18 	Sec. 4. Minnesota Statutes 2025 Supplement, section 260.65, is amended to read:
4.19 	260.65 NONCUSTODIAL PARENTS; RELATIVE PLACEMENT.
4.20 	(a) Prior to the removal of an African American or a disproportionately represented child 
4.21 	from the child's home, the responsible social services agency must make active reasonable
4.22 	efforts to identify and locate the child's noncustodial or nonadjudicated parent and the child's 
4.23 	relatives to notify the child's parent and relatives that the child is or will be placed in foster 
4.24 	care and provide the child's parent and relatives with a list of legal resources. The notice to 
4.25 	the child's noncustodial or nonadjudicated parent and relatives must also include the 
4.26 	information required under section 260C.221, subdivision 2, paragraph (b). The responsible 
4.27 	social services agency must maintain detailed records of the agency's efforts to notify parents 
4.28 	and relatives under this section.
4.29 	(b) Notwithstanding the provisions of section 260C.219, the responsible social services 
4.30 	agency must assess an African American or a disproportionately represented child's 
4.31 	noncustodial or nonadjudicated parent's ability to care for the child before placing the child 
4.32 	in foster care. If a child's noncustodial or nonadjudicated parent is willing and able to provide 
4.33 	daily care for the African American or disproportionately represented child temporarily or 
5.1 	permanently, the court shall order the child into the home of the noncustodial or 
5.2 	nonadjudicated parent pursuant to section 260C.178 or 260C.201, subdivision 1. The 
5.3 	responsible social services agency must make active reasonable efforts to assist a noncustodial 
5.4 	or nonadjudicated parent with remedying any issues that may prevent the child from being 
5.5 	ordered into the home of a noncustodial or nonadjudicated parent.
5.6 	(c) The relative search, notice, engagement, and placement consideration requirements 
5.7 	under section 260C.221 apply under this act.

5.8 	Sec. 5. Minnesota Statutes 2024, section 260.67, subdivision 3, is amended to read:
5.9 		Subd. 3.Termination of parental rights; exceptions. (a) The court may terminate the 
5.10 	parental rights of a parent of an African American or a disproportionately represented child 
5.11 	if a transfer of permanent legal and physical custody under subdivision 1 is not possible 
5.12 	because the child has no willing or able noncustodial parent or relative to whom custody 
5.13 	can be transferred, if it finds that one or more of the following conditions exist:
5.14 	(1) that the parent has abandoned the child;
5.15 	(2) that a parent is palpably unfit to be a party to the parent and child relationship because 
5.16 	of a consistent pattern of specific conduct before the child or of specific conditions directly 
5.17 	relating to the parent and child relationship, either of which are determined by the court to 
5.18 	be of a duration or nature that renders the parent unable, for the reasonably foreseeable 
5.19 	future, to care appropriately for the ongoing physical, mental, or emotional needs of the 
5.20 	child;
5.21 	(3) that following the child's placement out of the home, active reasonable efforts, under 
5.22 	the direction of the court, have failed to correct the conditions leading to the child's 
5.23 	placement. It is presumed that active reasonable efforts under this clause have failed upon 
5.24 	a showing that:
5.25 	(i) a child has resided out of the parental home under court order for a cumulative period 
5.26 	of 12 months within the preceding 22 months. In the case of a child under age eight at the 
5.27 	time that the petition was filed alleging the child to be in need of protection or services, the 
5.28 	presumption arises when the child has resided out of the parental home under court order 
5.29 	for six months unless the parent has maintained regular contact with the child and the parent 
5.30 	is complying with the out-of-home placement plan;
5.31 	(ii) the court has approved the out-of-home placement plan required under section 
5.32 	260C.212 and filed with the court under section 260C.178;
6.1 	(iii) conditions leading to the out-of-home placement have not been corrected. It is 
6.2 	presumed that conditions leading to a child's out-of-home placement have not been corrected 
6.3 	upon a showing that the parent or parents have not substantially complied with the court's 
6.4 	orders and a reasonable case plan; and
6.5 	(iv) active reasonable efforts have been made by the responsible social services agency 
6.6 	to rehabilitate the parent and reunite the family; and
6.7 	(4) that a child has experienced egregious harm in the parent's care that is of a nature, 
6.8 	duration, or chronicity that indicates a lack of regard for the child's well-being, such that a 
6.9 	reasonable person would believe it contrary to the best interests of the child or of any child 
6.10 	to be in the parent's care.
6.11 	(b) For purposes of paragraph (a), clause (1), abandonment is presumed when:
6.12 	(1) the parent has had no contact with the child on a regular basis and has not 
6.13 	demonstrated consistent interest in the child's well-being for six months and the social 
6.14 	services agency has made active reasonable efforts to facilitate contact with the parent, 
6.15 	unless the parent establishes that an extreme financial or physical hardship or treatment for 
6.16 	mental disability or substance use disorder or other good cause prevented the parent from 
6.17 	making contact with the child. This presumption does not apply to children whose custody 
6.18 	has been determined under chapter 257 or 518; or
6.19 	(2) the child is an infant under two years of age and has been deserted by the parent 
6.20 	under circumstances that show an intent not to return to care for the child.

6.21 	Sec. 6. Minnesota Statutes 2024, section 260.68, subdivision 2, is amended to read:
6.22 		Subd. 2.Case review. (a) Each responsible social services agency shall conduct a review 
6.23 	of all child welfare cases for African American and other disproportionately represented 
6.24 	children handled by the agency. Each responsible social services agency shall create a 
6.25 	summary report of trends identified under paragraphs (b) and (c), a remediation plan as 
6.26 	provided in paragraph (d), and an update on implementation of any previous remediation 
6.27 	plans. The first report shall be provided to the African American Child Well-Being Advisory 
6.28 	Council, the commissioner, and the chairs and ranking minority members of the legislative 
6.29 	committees with jurisdiction over child welfare by October 1, 2029, and annually thereafter. 
6.30 	For purposes of determining outcomes in this subdivision, responsible social services 
6.31 	agencies shall use guidance from the commissioner. The commissioner shall provide guidance 
6.32 	starting on November 1, 2028, and annually thereafter.
6.33 	(b) The case review must include:
7.1 	(1) the number of African American and disproportionately represented children 
7.2 	represented in the county child welfare system;
7.3 	(2) the number and sources of maltreatment reports received and reports screened in for 
7.4 	investigation or referred for family assessment and the race of the children and parents or 
7.5 	custodians involved in each report;
7.6 	(3) the number and race of children and parents or custodians who receive in-home 
7.7 	preventive case management services;
7.8 	(4) the number and race of children whose parents or custodians are referred to 
7.9 	community-based, culturally appropriate, strength-based, or trauma-informed services;
7.10 	(5) the number and race of children removed from their homes;
7.11 	(6) the number and race of children reunified with their parents or custodians;
7.12 	(7) the number and race of children whose parents or custodians are offered family group 
7.13 	decision-making services;
7.14 	(8) the number and race of children whose parents or custodians are offered the parent 
7.15 	support outreach program;
7.16 	(9) the number and race of children in foster care or out-of-home placement at the time 
7.17 	that the data is gathered;
7.18 	(10) the number and race of children who achieve permanency through a transfer of 
7.19 	permanent legal and physical custody to a relative or an adoption; and
7.20 	(11) the number and race of children who are under the guardianship of the commissioner 
7.21 	or awaiting a permanency disposition.
7.22 	(c) The required case review must also:
7.23 	(1) identify barriers to reunifying children with their families;
7.24 	(2) identify the family conditions that led to the out-of-home placement;
7.25 	(3) identify any barriers to accessing culturally informed mental health or substance use 
7.26 	disorder treatment services for the parents or children;
7.27 	(4) document efforts to identify fathers and maternal and paternal relatives and to provide 
7.28 	services to custodial and noncustodial fathers, if appropriate; and
7.29 	(5) document and summarize court reviews of active reasonable efforts.
8.1 	(d) Any responsible social services agency that has a case review showing 
8.2 	disproportionality and disparities in child welfare outcomes for African American and other 
8.3 	disproportionately represented children and the children's families, compared to the agency's 
8.4 	overall outcomes, must include in their case review summary report a remediation plan with 
8.5 	measurable outcomes to identify, address, and reduce the factors that led to the 
8.6 	disproportionality and disparities in the agency's child welfare outcomes. The remediation 
8.7 	plan shall also include information about how the responsible social services agency will 
8.8 	achieve and document trauma-informed, positive child well-being outcomes through 
8.9 	remediation efforts.