SF 3920
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/27/2026 10:19 a.m.
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A bill for an act
relating to children; modifying the definition of active efforts in the Minnesota
African American Family Preservation and Child Welfare Disproportionality Act;
amending Minnesota Statutes 2024, sections 260.63, subdivision 2; 260.64;
260.641; 260.67, subdivision 3; 260.68, subdivision 2; Minnesota Statutes 2025
Supplement, section 260.65.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 260.63, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Activedeleted text end new text begin Reasonablenew text end efforts.
"deleted text begin Activedeleted text end new text begin Reasonablenew text end efforts" means a deleted text begin rigorous and
concerteddeleted text end new text begin reasonable and realisticnew text end level of effortnew text begin given the particular circumstances of the
child and familynew text end that the responsible social services agency must deleted text begin continuouslydeleted text end make
throughout the time that the responsible social services agency is involved with an African
American or a disproportionately represented child and the child's family. To provide deleted text begin activedeleted text end new text begin
reasonablenew text end efforts to preserve an African American or a disproportionately represented
child's family, the responsible social services agency must deleted text begin continuouslydeleted text end new text begin collaboratively and
consistentlynew text end involve an African American or a disproportionately represented child's family
in allnew text begin relevantnew text end services for the deleted text begin familydeleted text end new text begin safety and protection of the childnew text end , including case
planning and choosing new text begin available, adequate, and accessible new text end services and providers, and inform
the family of the ability to file a report of noncompliance with this act with the commissioner
through the child welfare compliance and feedback portal. When providing deleted text begin activedeleted text end new text begin reasonablenew text end
efforts, a responsible social services agency must consider an African American or a
disproportionately represented child's deleted text begin family'sdeleted text end social and cultural values at all times while
deleted text begin providingdeleted text end new text begin selecting available, adequate, and accessiblenew text end services deleted text begin todeleted text end new text begin with or fornew text end the African
American or disproportionately represented child and the child's family. deleted text begin Activedeleted text end new text begin Reasonablenew text end
efforts includes deleted text begin continuousdeleted text end new text begin demonstratednew text end efforts to preserve an African American or a
disproportionately represented child's family and to preventnew text begin , when possible,new text end the out-of-home
placement of an African American or a disproportionately represented child. If an African
American or a disproportionately represented child enters out-of-home placement, the
responsible social services agency must make deleted text begin activedeleted text end new text begin reasonablenew text end efforts to reunify the African
American or disproportionately represented child with the child's family as soon as deleted text begin possibledeleted text end new text begin
safety is establishednew text end . deleted text begin Activedeleted text end new text begin Reasonablenew text end efforts deleted text begin sets a higher standard fordeleted text end new text begin are made upon
the exercise of due diligence bynew text end the responsible social services agency deleted text begin than reasonable
effortsdeleted text end new text begin new text end new text begin and must be tailored to meet the individualized needs of the child and the child's
familynew text end to preserve the child's family, prevent the child's out-of-home placement, and reunify
the child with the child's familynew text begin when it is safe to do sonew text end . deleted text begin Active efforts includes the provision
ofdeleted text end Reasonable efforts deleted text begin asdeleted text end new text begin arenew text end required by Title IV-E of the Social Security Act, United States
Code, title 42, sections 670 to 679c.
Sec. 2.
Minnesota Statutes 2024, section 260.64, is amended to read:
260.64 DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND PROMOTE
FAMILY REUNIFICATION.
Subdivision 1.
deleted text begin Activedeleted text end new text begin Reasonablenew text end effortsnew text begin to prevent out-of-home placement or
removalnew text end .
A responsible social services agency shall make deleted text begin activedeleted text end new text begin reasonablenew text end efforts to prevent
the out-of-home placement of an African American or a disproportionately represented
child, eliminate the need for a child's removal from the child's home, and reunify an African
American or a disproportionately represented child with the child's family as soon as
practicable.
Subd. 2.
Safety plan.
(a) Prior to petitioning the court to remove an African American
or a disproportionately represented child from the child's home under section 260.66, a
responsible social services agency must work with the child's family to allow the child to
remain in the child's home while implementing a safety plan based on the family's needs.
The responsible social services agency must:
(1) make deleted text begin activedeleted text end new text begin reasonablenew text end efforts to engage the child's parent or custodian and the child,
when appropriate;
(2) assess the family's cultural and economic needs and, if applicable, needs and services
related to the child's disability;
(3) hold a family group consultation meeting and connect the family with supports to
establish a safety network for the family; and
(4) provide support, guidance, and input to assist the family and the family's safety
network with developing the safety plan.
(b) The safety plan must:
(1) address the specific allegations impacting the child's safety in the home. If neglect
is alleged, the safety plan must incorporate economic services and supports for the child
and the child's family, if eligible, to address the family's specific needs and prevent neglect;
(2) incorporate family and community support to ensure the child's safety while keeping
the family intact; and
(3) be adjusted as needed to address the child's and family's ongoing needs and support.
(c) The responsible social services agency is not required to establish a safety plan:
(1) in a case with allegations of sexual abuse or egregious harm;
(2) when the parent is not willing to follow a safety plan;
(3) when the parent has abandoned the child or is unavailable to follow a safety plan;
or
(4) when the parent has chronic substance use disorder issues and is unable to parent
the child.
Subd. 3.
Out-of-home placement prohibited.
Unless the court finds by clear and
convincing evidence that the child would be at risk of serious emotional damage or serious
physical damage if the child were to remain in the child's home, a court shall not order a
foster care or permanent out-of-home placement of an African American or a
disproportionately represented child alleged to be in need of protection or services. At each
hearing regarding an African American or a disproportionately represented child who is
alleged or adjudicated to be in need of child protective services, the court shall review
whether the responsible social services agency has provided deleted text begin activedeleted text end new text begin reasonablenew text end efforts to the
child and the child's family and shall require the responsible social services agency to provide
evidence and documentation that demonstrate that the agency is providing culturally
informed, strength-based, community-involved, and community-based services to the child
and the child's family.
Subd. 4.
Required findings that deleted text begin activedeleted text end new text begin reasonablenew text end efforts were provided.
When
determining whether the responsible social services agency has made deleted text begin activedeleted text end new text begin reasonablenew text end
efforts to preserve the child's family, the court shall make findings regarding whether the
responsible social services agency made appropriate and meaningful services available to
the child's family based upon the family's specific needs. If a court determines that the
responsible social services agency did not make deleted text begin activedeleted text end new text begin reasonablenew text end efforts to preserve the
family as required by this section, the court shall order the responsible social services agency
to immediately provide deleted text begin activedeleted text end new text begin reasonablenew text end efforts to the child and child's family to preserve
the family.
Sec. 3.
Minnesota Statutes 2024, section 260.641, is amended to read:
260.641 ENSURING FREQUENT VISITATION FOR AFRICAN AMERICAN
AND DISPROPORTIONATELY REPRESENTED CHILDREN IN OUT-OF-HOME
PLACEMENT.
A responsible social services agency must engage in best practices related to visitation
when an African American or a disproportionately represented child is in out-of-home
placement. When the child is in out-of-home placement, the responsible social services
agency shall make deleted text begin activedeleted text end new text begin reasonablenew text end efforts to facilitate regular and frequent visitation
between the child and the child's parents or custodians, the child's siblings, and the child's
relatives. If visitation is infrequent between the child and the child's parents, custodians,
siblings, or relatives, the responsible social services agency shall make deleted text begin activedeleted text end new text begin reasonablenew text end
efforts to increase the frequency of visitation and address any barriers to visitation.
Sec. 4.
Minnesota Statutes 2025 Supplement, 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 deleted text begin activedeleted text end new text begin reasonablenew text end
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
care 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 the child into 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 deleted text begin activedeleted text end new text begin reasonablenew text end efforts to assist a noncustodial
or nonadjudicated parent with remedying any issues that may prevent the child from being
ordered into the home of a noncustodial or nonadjudicated parent.
(c) The relative search, notice, engagement, and placement consideration requirements
under section 260C.221 apply under this act.
Sec. 5.
Minnesota Statutes 2024, section 260.67, subdivision 3, is amended to read:
Subd. 3.
Termination of parental rights; exceptions.
(a) The court may terminate the
parental rights of a parent of an African American or a disproportionately represented child
if a transfer of permanent legal and physical custody under subdivision 1 is not possible
because the child has no willing or able noncustodial parent or relative to whom custody
can be transferred, if it finds that one or more of the following conditions exist:
(1) that the parent has abandoned the child;
(2) that a parent is palpably unfit to be a party to the parent and child relationship because
of a consistent pattern of specific conduct before the child or of specific conditions directly
relating to the parent and child relationship, either of which are determined by the court to
be of a duration or nature that renders the parent unable, for the reasonably foreseeable
future, to care appropriately for the ongoing physical, mental, or emotional needs of the
child;
(3) that following the child's placement out of the home, deleted text begin activedeleted text end new text begin reasonablenew text end efforts, under
the direction of the court, have failed to correct the conditions leading to the child's
placement. It is presumed that deleted text begin activedeleted text end new text begin reasonablenew text end efforts under this clause have failed upon
a showing that:
(i) a child has resided out of the parental home under court order for a cumulative period
of 12 months within the preceding 22 months. In the case of a child under age eight at the
time that the petition was filed alleging the child to be in need of protection or services, the
presumption arises when the child has resided out of the parental home under court order
for six months unless the parent has maintained regular contact with the child and the parent
is complying with the out-of-home placement plan;
(ii) the court has approved the out-of-home placement plan required under section
260C.212 and filed with the court under section 260C.178;
(iii) conditions leading to the out-of-home placement have not been corrected. It is
presumed that conditions leading to a child's out-of-home placement have not been corrected
upon a showing that the parent or parents have not substantially complied with the court's
orders and a reasonable case plan; and
(iv) deleted text begin activedeleted text end new text begin reasonablenew text end efforts have been made by the responsible social services agency
to rehabilitate the parent and reunite the family; and
(4) that a child has experienced egregious harm in the parent's care that is of a nature,
duration, or chronicity that indicates a lack of regard for the child's well-being, such that a
reasonable person would believe it contrary to the best interests of the child or of any child
to be in the parent's care.
(b) For purposes of paragraph (a), clause (1), abandonment is presumed when:
(1) the parent has had no contact with the child on a regular basis and has not
demonstrated consistent interest in the child's well-being for six months and the social
services agency has made deleted text begin activedeleted text end new text begin reasonablenew text end efforts to facilitate contact with the parent,
unless the parent establishes that an extreme financial or physical hardship or treatment for
mental disability or substance use disorder or other good cause prevented the parent from
making contact with the child. This presumption does not apply to children whose custody
has been determined under chapter 257 or 518; or
(2) the child is an infant under two years of age and has been deserted by the parent
under circumstances that show an intent not to return to care for the child.
Sec. 6.
Minnesota Statutes 2024, section 260.68, subdivision 2, is amended to read:
Subd. 2.
Case review.
(a) Each responsible social services agency shall conduct a review
of all child welfare cases for African American and other disproportionately represented
children handled by the agency. Each responsible social services agency shall create a
summary report of trends identified under paragraphs (b) and (c), a remediation plan as
provided in paragraph (d), and an update on implementation of any previous remediation
plans. The first report shall be provided to the African American Child Well-Being Advisory
Council, the commissioner, and the chairs and ranking minority members of the legislative
committees with jurisdiction over child welfare by October 1, 2029, and annually thereafter.
For purposes of determining outcomes in this subdivision, responsible social services
agencies shall use guidance from the commissioner. The commissioner shall provide guidance
starting on November 1, 2028, and annually thereafter.
(b) The case review must include:
(1) the number of African American and disproportionately represented children
represented in the county child welfare system;
(2) the number and sources of maltreatment reports received and reports screened in for
investigation or referred for family assessment and the race of the children and parents or
custodians involved in each report;
(3) the number and race of children and parents or custodians who receive in-home
preventive case management services;
(4) the number and race of children whose parents or custodians are referred to
community-based, culturally appropriate, strength-based, or trauma-informed services;
(5) the number and race of children removed from their homes;
(6) the number and race of children reunified with their parents or custodians;
(7) the number and race of children whose parents or custodians are offered family group
decision-making services;
(8) the number and race of children whose parents or custodians are offered the parent
support outreach program;
(9) the number and race of children in foster care or out-of-home placement at the time
that the data is gathered;
(10) the number and race of children who achieve permanency through a transfer of
permanent legal and physical custody to a relative or an adoption; and
(11) the number and race of children who are under the guardianship of the commissioner
or awaiting a permanency disposition.
(c) The required case review must also:
(1) identify barriers to reunifying children with their families;
(2) identify the family conditions that led to the out-of-home placement;
(3) identify any barriers to accessing culturally informed mental health or substance use
disorder treatment services for the parents or children;
(4) document efforts to identify fathers and maternal and paternal relatives and to provide
services to custodial and noncustodial fathers, if appropriate; and
(5) document and summarize court reviews of deleted text begin activedeleted text end new text begin reasonablenew text end efforts.
(d) Any responsible social services agency that has a case review showing
disproportionality and disparities in child welfare outcomes for African American and other
disproportionately represented children and the children's families, compared to the agency's
overall outcomes, must include in their case review summary report a remediation plan with
measurable outcomes to identify, address, and reduce the factors that led to the
disproportionality and disparities in the agency's child welfare outcomes. The remediation
plan shall also include information about how the responsible social services agency will
achieve and document trauma-informed, positive child well-being outcomes through
remediation efforts.