1.1 	A bill for an act
1.2 	relating to children; allowing nonprofit limited liability companies to apply for a 
1.3 	license to be a child-placing agency; modifying the timing for a child care 
1.4 	background study; modifying provisions on foster care, child placement, and child 
1.5 	maltreatment;amending Minnesota Statutes 2024, sections 142B.10, subdivision 
1.6 	18; 245C.04, subdivision 1; 259.83, subdivision 1; 260.67, subdivision 1; 260C.190, 
1.7 	subdivision 1; 260C.212, subdivision 4a.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2024, section 142B.10, subdivision 18, is amended to read:
1.10 		Subd. 18.Adoption agency; additional requirements. In addition to the other 
1.11 	requirements of this section, an individual or organization applying for a license to place 
1.12 	children for adoption must:
1.13 	(1) incorporate as a nonprofit corporation under chapter 317A or a nonprofit limited 
1.14 	liability company under chapter 322C;
1.15 	(2) file with the application for licensure a copy of the disclosure form required under 
1.16 	section 259.37, subdivision 2;
1.17 	(3) provide evidence that a bond has been obtained and will be continuously maintained 
1.18 	throughout the entire operating period of the agency, to cover the cost of transfer of records 
1.19 	to and storage of records by the agency which has agreed, according to rule established by 
1.20 	the commissioner, to receive the applicant agency's records if the applicant agency voluntarily 
1.21 	or involuntarily ceases operation and fails to provide for proper transfer of the records. The 
1.22 	bond must be made in favor of the agency which has agreed to receive the records; and
2.1 	(4) submit a financial review completed by an accountant to the commissioner each year 
2.2 	the license is renewed as required under section 142B.05, subdivision 1.

2.3 	Sec. 2. Minnesota Statutes 2024, section 245C.04, subdivision 1, is amended to read:
2.4 		Subdivision 1.Licensed programs; other child care programs. (a) The commissioner 
2.5 	shall conduct a background study of an individual required to be studied under section 
2.6 	245C.03, subdivision 1, at least upon application for initial license for all license types.
2.7 	(b) The commissioner shall conduct a background study of an individual required to be 
2.8 	studied under section 245C.03, subdivision 1, including a child care background study 
2.9 	subject as defined in section 245C.02, subdivision 6a, in a family child care program, licensed 
2.10 	child care center, certified license-exempt child care center, or legal nonlicensed child care 
2.11 	provider, on a schedule determined by the commissioner. Except as provided in section 
2.12 	245C.05, subdivision 5a, a child care background study must include submission of 
2.13 	fingerprints for a national criminal history record check and a review of the information 
2.14 	under section 245C.08. A background study for a child care program must be repeated 
2.15 	within five years from the most recent study conducted under this paragraph.
2.16 	(c) At reauthorization or When a new background study is needed under section 142E.16, 
2.17 	subdivision 2, for a legal nonlicensed child care provider authorized under chapter 142E:
2.18 	(1) for a background study affiliated with a legal nonlicensed child care provider, the 
2.19 	individual shall provide information required under section 245C.05, subdivision 1, 
2.20 	paragraphs (a), (b), and (d), to the commissioner and be fingerprinted and photographed 
2.21 	under section 245C.05, subdivision 5; and
2.22 	(2) the commissioner shall verify the information received under clause (1) and submit 
2.23 	the request in NETStudy 2.0 to complete the background study.
2.24 	(d) At reapplication for a family child care license:
2.25 	(1) for a background study affiliated with a licensed family child care center, the 
2.26 	individual shall provide information required under section 245C.05, subdivision 1, 
2.27 	paragraphs (a), (b), and (d), to the county agency, and be fingerprinted and photographed 
2.28 	under section 245C.05, subdivision 5;
2.29 	(2) the county agency shall verify the information received under clause (1) and forward 
2.30 	the information to the commissioner and submit the request in NETStudy 2.0 to complete 
2.31 	the background study; and
3.1 	(3) the background study conducted by the commissioner under this paragraph must 
3.2 	include a review of the information required under section 245C.08.
3.3 	(e) The commissioner is not required to conduct a study of an individual at the time of 
3.4 	reapplication for a license if the individual's background study was completed by the 
3.5 	commissioner of human services and the following conditions are met:
3.6 	(1) a study of the individual was conducted either at the time of initial licensure or when 
3.7 	the individual became affiliated with the license holder;
3.8 	(2) the individual has been continuously affiliated with the license holder since the last 
3.9 	study was conducted; and
3.10 	(3) the last study of the individual was conducted on or after October 1, 1995.
3.11 	(f) The commissioner of human services shall conduct a background study of an 
3.12 	individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), 
3.13 	who is newly affiliated with a child foster family setting license holder:
3.14 	(1) the county or private agency shall collect and forward to the commissioner the 
3.15 	information required under section 245C.05, subdivisions 1 and 5, when the child foster 
3.16 	family setting applicant or license holder resides in the home where child foster care services 
3.17 	are provided; and
3.18 	(2) the background study conducted by the commissioner of human services under this 
3.19 	paragraph must include a review of the information required under section 245C.08, 
3.20 	subdivisions 1, 3, and 4.
3.21 	(g) The commissioner shall conduct a background study of an individual specified under 
3.22 	section 245C.03, subdivision 1, paragraph (a), clauses (2) to (6), who is newly affiliated 
3.23 	with an adult foster care or family adult day services and with a family child care license 
3.24 	holder or a legal nonlicensed child care provider authorized under chapter 142E and:
3.25 	(1) except as provided in section 245C.05, subdivision 5a, the county shall collect and 
3.26 	forward to the commissioner the information required under section 245C.05, subdivision 
3.27 	1, paragraphs (a) and (b), and subdivision 5, paragraph (b), for background studies conducted 
3.28 	by the commissioner for all family adult day services, for adult foster care when the adult 
3.29 	foster care license holder resides in the adult foster care residence, and for family child care 
3.30 	and legal nonlicensed child care authorized under chapter 142E;
3.31 	(2) the license holder shall collect and forward to the commissioner the information 
3.32 	required under section 245C.05, subdivisions 1, paragraphs (a) and (b); and 5, paragraphs 
4.1 	(a) and (b), for background studies conducted by the commissioner for adult foster care 
4.2 	when the license holder does not reside in the adult foster care residence; and
4.3 	(3) the background study conducted by the commissioner under this paragraph must 
4.4 	include a review of the information required under section 245C.08, subdivision 1, paragraph 
4.5 	(a), and subdivisions 3 and 4.
4.6 	(h) Applicants for licensure, license holders, and other entities as provided in this chapter 
4.7 	must submit completed background study requests to the commissioner using the electronic 
4.8 	system known as NETStudy before individuals specified in section 245C.03, subdivision 
4.9 	1, begin positions allowing direct contact in any licensed program.
4.10 	(i) For an individual who is not on the entity's active roster, the entity must initiate a 
4.11 	new background study through NETStudy when:
4.12 	(1) an individual returns to a position requiring a background study following an absence 
4.13 	of 120 or more consecutive days; or
4.14 	(2) a program that discontinued providing licensed direct contact services for 120 or 
4.15 	more consecutive days begins to provide direct contact licensed services again.
4.16 	The license holder shall maintain a copy of the notification provided to the commissioner 
4.17 	under this paragraph in the program's files. If the individual's disqualification was previously 
4.18 	set aside for the license holder's program and the new background study results in no new 
4.19 	information that indicates the individual may pose a risk of harm to persons receiving 
4.20 	services from the license holder, the previous set-aside shall remain in effect.
4.21 	(j) For purposes of this section, a physician licensed under chapter 147, advanced practice 
4.22 	registered nurse licensed under chapter 148, or physician assistant licensed under chapter 
4.23 	147A is considered to be continuously affiliated upon the license holder's receipt from the 
4.24 	commissioner of health or human services of the physician's, advanced practice registered 
4.25 	nurse's, or physician assistant's background study results.
4.26 	(k) For purposes of family child care, a substitute caregiver must receive repeat 
4.27 	background studies at the time of each license renewal.
4.28 	(l) A repeat background study at the time of license renewal is not required if the family 
4.29 	child care substitute caregiver's background study was completed by the commissioner on 
4.30 	or after October 1, 2017, and the substitute caregiver is on the license holder's active roster 
4.31 	in NETStudy 2.0.
5.1 	(m) Before and after school programs authorized under chapter 142E, are exempt from 
5.2 	the background study requirements under section 123B.03, for an employee for whom a 
5.3 	background study under this chapter has been completed.

5.4 	Sec. 3. Minnesota Statutes 2024, section 259.83, subdivision 1, is amended to read:
5.5 		Subdivision 1.Services provided. (a) Agencies shall provide assistance and counseling 
5.6 	services upon receiving a request for current information from adoptive parents, birth parents, 
5.7 	adopted persons aged 18 years of age and older, or adult siblings of adopted persons. The 
5.8 	agency shall contact the other adult persons or the adoptive parents of a minor child in a 
5.9 	personal and confidential manner to determine whether there is a desire to receive or share 
5.10 	information or to have contact. If there is such a desire, the agency shall provide the services 
5.11 	requested. The agency shall complete the search request within six months of the request 
5.12 	being made. If the agency is unable to complete the search request within the specified time 
5.13 	frame, the agency shall inform the requester of the status of the request and include a 
5.14 	reasonable estimate of when the request can be completed.
5.15 	(b) Upon a request for assistance or services from an adoptive parent of a minor child, 
5.16 	birth parent, or an adopted person 18 years of age or older, the agency must inform the 
5.17 	person:
5.18 	(1) about the right of an adopted person to request and obtain a copy of the adopted 
5.19 	person's original birth record at the age and circumstances specified in section 144.2253
5.20 	144.2252; and
5.21 	(2) about the right of the birth parent named on the adopted person's original birth record 
5.22 	to file a contact preference form with the state registrar pursuant to section 144.2253.
5.23 	When making or supervising an adoptive placement, the agency must provide in writing to 
5.24 	the birth parents listed on the original birth record the information required under this 
5.25 	paragraph and section 259.37, subdivision 2, clause (7).

5.26 	Sec. 4. Minnesota Statutes 2024, section 260.67, subdivision 1, is amended to read:
5.27 		Subdivision 1.Preference for permanency placement with a relative. Consistent with 
5.28 	section 260C.513, if an African American or disproportionately represented child cannot 
5.29 	be returned to the child's parent, permanency placement with a relative is preferred. The 
5.30 	court shall consider the requirements of and responsibilities under section 260.012, paragraph 
5.31 	(a), and, if possible and if requirements under section 260C.515, subdivision 4, are met, 
5.32 	transfer permanent legal and physical custody of the child to:
6.1 	(1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot 
6.2 	return to the care of the parent or custodian from whom the child was removed or who had 
6.3 	legal custody at the time that the child was placed in foster care; or
6.4 	(2) a willing and able relative, according to the requirements of section 260C.515, 
6.5 	subdivision 4. When the responsible social services agency is the petitioner, prior to the 
6.6 	court ordering a transfer of permanent legal and physical custody to a relative, the responsible 
6.7 	social services agency must inform the relative of Northstar kinship assistance benefits and 
6.8 	eligibility requirements and of the relative's ability to apply for benefits on behalf of the 
6.9 	child under chapter 256N sections 142A.60 to 142A.612.

6.10 	Sec. 5. Minnesota Statutes 2024, section 260C.190, subdivision 1, is amended to read:
6.11 		Subdivision 1.Placement. (a) An agency with legal responsibility for a child under 
6.12 	section 260C.178, subdivision 1, paragraph (c), or legal custody of a child under section 
6.13 	260C.201, subdivision 1, paragraph (a), clause (3) (2), may colocate a child with a parent 
6.14 	who is receiving services in a licensed residential family-based substance use disorder 
6.15 	treatment program for up to 12 months.
6.16 	(b) During the child's placement under paragraph (a), the agency: (1) may visit the child 
6.17 	as the agency deems necessary and appropriate; (2) shall continue to have access to 
6.18 	information under section 260C.208; and (3) shall continue to provide appropriate services 
6.19 	to both the parent and the child.
6.20 	(c) The agency may terminate the child's placement under paragraph (a) to protect the 
6.21 	child's health, safety, or welfare and may remove the child to foster care without a prior 
6.22 	court order or authorization.

6.23 	Sec. 6. Minnesota Statutes 2024, section 260C.212, subdivision 4a, is amended to read:
6.24 		Subd. 4a.Monthly caseworker visits. (a) Every child in foster care or on a trial home 
6.25 	visit shall be visited by the child's caseworker or another person who has responsibility for 
6.26 	visitation of the child on a monthly basis, with the majority of visits occurring in the child's 
6.27 	residence. The responsible social services agency may designate another person responsible 
6.28 	for monthly case visits. For the purposes of this section, the following definitions apply:
6.29 	(1) "visit" is defined as a face-to-face contact between a child and the child's caseworker. 
6.30 	For a youth 18 years of age or older, a visit may be conducted via video conference with 
6.31 	the youth's informed consent;
6.32 	(2) "visited on a monthly basis" is defined as at least one visit per calendar month;
7.1 	(3) "the child's caseworker" is defined as the person who has responsibility for managing 
7.2 	the child's foster care placement case as assigned by the responsible social services agency;
7.3 	(4) "another person" means the professional staff whom the responsible social services 
7.4 	agency has assigned in the out-of-home placement plan or case plan. Another person must 
7.5 	be professionally trained to assess the child's safety, permanency, well-being, and case 
7.6 	progress. The agency may not designate the guardian ad litem, the child foster care provider, 
7.7 	residential facility staff, or a qualified individual as defined in section 260C.007, 
7.8 	subdivision26b, as another person; and
7.9 	(5) "the child's residence" is defined as the home where the child is residing, and can 
7.10 	include the foster home, child care institution, or the home from which the child was removed 
7.11 	if the child is on a trial home visit.
7.12 	(b) Caseworker visits shall be of sufficient substance and duration to address issues 
7.13 	pertinent to case planning and service delivery to ensure the safety, permanency, and 
7.14 	well-being of the child, including whether the child is enrolled and attending school as 
7.15 	required by law.
7.16 	(c) Every effort shall be made by the responsible social services agency and professional 
7.17 	staff to have the monthly visit with the child outside the presence of the child's parents, 
7.18 	foster parents, or facility staff. There may be situations related to the child's needs when a 
7.19 	caseworker visit cannot occur with the child alone. The reason the caseworker visit occurred 
7.20 	in the presence of others must be documented in the case record and may include:
7.21 	(1) that the child exhibits intense emotion or behavior indicating that visiting without 
7.22 	the presence of the parent, foster parent, or facility staff would be traumatic for the child;
7.23 	(2) that despite a caseworker's efforts, the child declines to visit with the caseworker 
7.24 	outside the presence of the parent, foster parent, or facility staff; and
7.25 	(3) that the child has a specific developmental delay, physical limitation, incapacity, 
7.26 	medical device, or significant medical need, such that the parent, foster parent, or facility 
7.27 	staff is required to be present with the child during the visit.