HF 912

3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/13/2024 11:39am

A bill for an act
relating to human services; establishing the Minnesota African American Family
Preservation and Child Welfare Disproportionality Act; modifying child welfare
provisions; establishing the African American Child Well-Being Advisory Council;
requiring reports; appropriating money; amending Minnesota Statutes 2022, section
260C.329, subdivisions 3, 8; proposing coding for new law in Minnesota Statutes,
chapter 260.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[260.61] CITATION.

Sections 260.61 to 260.693 may be cited as the "Minnesota African American Family
Preservation and Child Welfare Disproportionality Act."

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 2.

[260.62] PURPOSES.

(a) The purposes of the Minnesota African American Family Preservation and Child
Welfare Disproportionality Act are to:

(1) protect the best interests of African American and disproportionately represented
children;

(2) promote the stability and security of African American and disproportionately
represented children and their families by establishing minimum standards to prevent the
arbitrary and unnecessary removal of African American and disproportionately represented
children from their families; and

(3) improve permanency outcomes, including family reunification, for African American
and disproportionately represented children.

(b) Nothing in this legislation is intended to interfere with the protections of the Indian
Child Welfare Act of 1978, United States Code, title 25, sections 1901 to 1963, or the
Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 3.

[260.63] DEFINITIONS.

Subdivision 1.

Scope.

The definitions in this section apply to sections 260.61 to 260.693.

Subd. 2.

Active efforts.

"Active efforts" means a rigorous and concerted level of effort
that the responsible social services agency must continuously 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 active efforts to
preserve an African American or a disproportionately represented child's family, the
responsible social services agency must continuously involve an African American or a
disproportionately represented child's family in all services for the family, including case
planning and choosing 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 active efforts, a responsible social services
agency must consider an African American or a disproportionately represented child's
family's social and cultural values at all times while providing services to the African
American or disproportionately represented child and the child's family. Active efforts
includes continuous efforts to preserve an African American or a disproportionately
represented child's family and to prevent 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 active efforts to reunify the African American or disproportionately represented child
with the child's family as soon as possible. Active efforts sets a higher standard for the
responsible social services agency than reasonable efforts to preserve the child's family,
prevent the child's out-of-home placement, and reunify the child with the child's family.
Active efforts includes the provision of reasonable efforts as required by Title IV-E of the
Social Security Act, United States Code, title 42, sections 670 to 679c.

Subd. 3.

Adoptive placement.

"Adoptive placement" means the permanent placement
of an African American or a disproportionately represented child made by the responsible
social services agency upon a fully executed adoption placement agreement, including the
signatures of the adopting parent, the responsible social services agency, and the
commissioner of human services according to section 260C.613, subdivision 1.

Subd. 4.

African American child.

"African American child" means a child having
origins in Africa, including a child of two or more races who has at least one parent with
origins in Africa. Whether a child or parent has origins in Africa is based upon
self-identification or identification of the child's origins by the parent or guardian.

Subd. 5.

Best interests of the African American or disproportionately represented
child.

The "best interests of the African American or disproportionately represented child"
means providing a culturally informed practice lens that acknowledges, utilizes, and embraces
the African American or disproportionately represented child's community and cultural
norms and allows the child to remain safely at home with the child's family. The best interests
of the African American or disproportionately represented child support the child's sense
of belonging to the child's family, extended family, kin, and cultural community.

Subd. 6.

Child placement proceeding.

(a) "Child placement proceeding" means any
judicial proceeding that could result in:

(1) an adoptive placement;

(2) a foster care placement;

(3) a preadoptive placement; or

(4) a termination of parental rights.

(b) Judicial proceedings under this subdivision include a child's placement based upon
a child's juvenile status offense but do not include a child's placement based upon:

(1) an act which if committed by an adult would be deemed a crime; or

(2) an award of child custody in a divorce proceeding to one of the child's parents.

Subd. 7.

Commissioner.

"Commissioner" means the commissioner of human services
or the commissioner's designee.

Subd. 8.

Custodian.

"Custodian" means any person who is under a legal obligation to
provide care and support for an African American or a disproportionately represented child,
or who is in fact providing daily care and support for an African American or a
disproportionately represented child. This subdivision does not impose a legal obligation
upon a person who is not otherwise legally obligated to provide a child with necessary food,
clothing, shelter, education, or medical care.

Subd. 9.

Disproportionality.

"Disproportionality" means the overrepresentation of
African American children and other disproportionately represented children in Minnesota's
child welfare system population as compared to the representation of those children in
Minnesota's total child population.

Subd. 10.

Disproportionately represented child.

"Disproportionately represented child"
means a child whose race, culture, ethnicity, disability status, or low-income socioeconomic
status is disproportionately encountered, engaged, or identified in the child welfare system
as compared to the representation in the state's total child population. Disproportionately
represented child includes members of unique cultural groups belonging to larger ethnic or
cultural categories used in federal, state, or local demographic data when the members are
known to be disproportionately affected.

Subd. 11.

Egregious harm.

"Egregious harm" has the meaning given in section 260E.03,
subdivision 5.

Subd. 12.

Foster care placement.

"Foster care placement" means the court-ordered
removal of an African American or a disproportionately represented child from the child's
home with the child's parent or legal custodian and the temporary placement of the child in
a foster home, in shelter care or a facility, or in the home of a guardian, when the parent or
legal custodian cannot have the child returned upon demand, but the parent's parental rights
have not been terminated. A foster care placement includes a placement in foster care
following an order placing the child under the guardianship of the commissioner, pursuant
to section 260C.325, prior to an adoption being finalized.

Subd. 13.

Imminent physical damage or harm.

"Imminent physical damage or harm"
means that a child is threatened with immediate and present conditions that are
life-threatening or likely to result in abandonment, sexual abuse, or serious physical injury.
The existence of community or family poverty, isolation, single parenthood, age of the
parent, crowded or inadequate housing, substance use, prenatal drug or alcohol exposure,
mental illness, disability or special needs of the parent or child, or nonconforming social
behavior does not by itself constitute imminent physical damage or harm.

Subd. 14.

Responsible social services agency.

"Responsible social services agency"
has the meaning given in section 260C.007, subdivision 27a.

Subd. 15.

Parent.

"Parent" means the biological parent of an African American or a
disproportionately represented child or any person who has legally adopted an African
American or a disproportionately represented child. Parent includes an unmarried father
whose paternity has been acknowledged or established and a putative father. Paternity has
been acknowledged when an unmarried father takes any action to hold himself out as the
biological father of a child.

Subd. 16.

Preadoptive placement.

"Preadoptive placement" means a responsible social
services agency's placement of an African American or a disproportionately represented
child when the child is under the guardianship of the commissioner for the purpose of
adoption but an adoptive placement agreement for the child has not been fully executed.

Subd. 17.

Relative.

"Relative" has the meaning given in section 260C.007, subdivision
27.

Subd. 18.

Safety network.

"Safety network" means a group of individuals identified by
the parent and child, when appropriate, that is accountable for developing, implementing,
sustaining, supporting, or improving a safety plan to protect the safety and well-being of a
child.

Subd. 19.

Sexual abuse.

"Sexual abuse" has the meaning given in section 260E.03,
subdivision 20.

Subd. 20.

Termination of parental rights.

"Termination of parental rights" means an
action resulting in the termination of the parent-child relationship under section 260C.301.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 4.

[260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
PROMOTE FAMILY REUNIFICATION.

Subdivision 1.

Active efforts.

A responsible social services agency shall make active
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 active 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 abuse 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 active 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 active efforts were provided.

When determining
whether the responsible social services agency has made active 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 active efforts to preserve the family as required by this section, the court shall
order the responsible social services agency to immediately provide active efforts to the
child and child's family to preserve the family.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 5.

[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 active 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 active efforts to increase the
frequency of visitation and address any barriers to visitation.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 6.

[260.65] NONCUSTODIAL PARENTS.

(a) Prior to or within 48 hours of 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 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 that the child be placed in 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
placed with the noncustodial or nonadjudicated parent.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 7.

[260.66] EMERGENCY REMOVAL.

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 child's parent or custodian or the emergency placement of
the child in a foster setting in order to prevent imminent physical damage or harm to the
child.

Subd. 2.

Petition for emergency removal; placement requirements.

A petition for a
court order authorizing the emergency removal or continued emergency placement of an
African American or a disproportionately represented child or the petition's accompanying
documents must contain a statement of the risk of imminent physical damage or harm to
the African American or disproportionately represented child and any evidence that the
emergency removal or placement continues to be necessary to prevent imminent physical
damage or harm to the child. The petition or its accompanying documents must also contain
the following information:

(1) the name, age, and last known address of the child;

(2) the name and address of the child's parents and custodians or, if unknown, a detailed
explanation of efforts made to locate and contact them;

(3) the steps taken to provide notice to the child's parents and custodians about the
emergency proceeding;

(4) a specific and detailed account of the circumstances that led the agency responsible
for the emergency removal of the child to take that action; and

(5) a statement of the efforts that have been taken to assist the child's parents or custodians
so that the child may safely be returned to their custody.

Subd. 3.

Emergency proceeding requirements.

(a) The court shall hold a hearing no
later than 72 hours, excluding weekends and holidays, after the emergency removal of the
African American or disproportionately represented child. The court shall determine whether
the emergency removal continues to be necessary to prevent imminent physical damage or
harm to the child and whether, after considering the child's particular circumstances, the
imminent physical damage or harm to the child outweighs the harm that the child will
experience as a result of continuing the emergency removal.

(b) The court shall hold additional hearings whenever new information indicates that
the emergency situation has ended. The court shall consider all such new information at
any court hearing after the emergency proceeding to determine whether the emergency
removal or placement is no longer necessary to prevent imminent physical damage or harm
to the child.

(c) Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota
Rules of Juvenile Protection Procedure, rule 25, a parent or custodian of an African American
or a disproportionately represented child who is subject to an emergency hearing under this
section and Minnesota Rules of Juvenile Protection Procedure, rule 30, has a right to counsel
appointed by the court. The court must appoint qualified counsel to represent a parent if the
parent meets the eligibility requirements in section 611.17.

Subd. 4.

Termination of emergency removal or placement.

(a) An emergency removal
or placement of an African American or a disproportionately represented child must
immediately terminate once the responsible social services agency or court possesses
sufficient evidence to determine that the emergency removal or placement is no longer
necessary to prevent imminent physical damage or harm to the child and the child shall be
immediately returned to the custody of the child's parent or custodian. The responsible social
services agency or court shall ensure that the emergency removal or placement terminates
immediately when the removal or placement is no longer necessary to prevent imminent
physical damage or harm to the African American or disproportionately represented child.

(b) An emergency removal or placement ends when the court orders, after service upon
the African American or disproportionately represented child's parents or custodians, that
the child shall be placed in foster care upon a determination supported by clear and
convincing evidence that custody of the child by the child's parent or custodian is likely to
result in serious emotional or physical damage to the child.

(c) In no instance shall emergency removal or emergency placement of an African
American or a disproportionately represented child extend beyond 30 days unless the court
finds by a showing of clear and convincing evidence that:

(1) continued emergency removal or placement is necessary to prevent imminent physical
damage or harm to the child; and

(2) it has not been possible to initiate a child placement proceeding with all of the
protections under sections 260.61 to 260.68.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 8.

[260.67] TRANSFER OF PERMANENT LEGAL AND PHYSICAL
CUSTODY; TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
PROCEEDINGS.

Subdivision 1.

Preference for transfer of permanent legal and physical custody.

If
an African American or a disproportionately represented child cannot be returned to the
child's parent, the court shall consider the requirements of and responsibilities under section
260.012, paragraph (a), and, if possible, transfer permanent legal and physical custody of
the child to:

(1) a noncustodial parent under section 260C.515, subdivision 4, if the child cannot
return to the care of the parent or custodian from whom the child was removed or who had
legal custody at the time that the child was placed in foster care; or

(2) a willing and able relative, according to the requirements of section 260C.515,
subdivision 4, if the court determines that reunification with the child's family is not an
appropriate permanency option for the child. Prior to the court ordering a transfer of
permanent legal and physical custody to a relative who is not a parent, the responsible social
services agency must inform the relative of Northstar kinship assistance benefits and
eligibility requirements, and of the relative's ability to apply for benefits on behalf of the
child under chapter 256N.

Subd. 2.

Termination of parental rights restrictions.

(a) A court shall not terminate
the parental rights of a parent of an African American or a disproportionately represented
child based solely on the parent's failure to complete case plan requirements.

(b) Except as provided in paragraph (c), a court shall not terminate the parental rights
of a parent of an African American or a disproportionately represented child in a child
placement proceeding unless the allegations against the parent involve sexual abuse;
egregious harm as defined in section 260C.007, subdivision 14; murder in the first, second,
or third degree under section 609.185, 609.19, or 609.195; murder of an unborn child in the
first, second, or third degree under section 609.2661, 609.2662, or 609.2663; manslaughter
of an unborn child in the first or second degree under section 609.2664 or 609.2665; domestic
assault by strangulation under section 609.2247; felony domestic assault under section
609.2242 or 609.2243; kidnapping under section 609.25; solicitation, inducement, and
promotion of prostitution under section 609.322, subdivision 1, and subdivision 1a if one
or more aggravating factors are present; criminal sexual conduct under sections 609.342 to
609.3451; engaging in, hiring, or agreeing to hire a minor to engage in prostitution under
section 609.324, subdivision 1; solicitation of children to engage in sexual conduct under
section 609.352; possession of pornographic work involving minors under section 617.247;
malicious punishment or neglect or endangerment of a child under section 609.377 or
609.378; use of a minor in sexual performance under section 617.246; or failing to protect
a child from an overt act or condition that constitutes egregious harm.

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. It is presumed that a parent is palpably unfit to be a party to the parent and child
relationship upon a showing that the parent's parental rights to another child were
involuntarily terminated or that the parent's custodial rights to another child have been
involuntarily transferred to a relative under section 260C.515, subdivision 4; or a similar
law of another jurisdiction;

(3) that following the child's placement out of the home, active efforts, under the direction
of the court, have failed to correct the conditions leading to the child's placement. It is
presumed that active 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) active 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 active 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.

Subd. 4.

Voluntary termination of parental rights.

Nothing in subdivisions 2 and 3
precludes the court from terminating the parental rights of a parent of an African American
or a disproportionately represented child if the parent desires to voluntarily terminate the
parent's own parental rights for good cause under section 260C.301, subdivision 1, paragraph
(a).

Subd. 5.

Appeals.

Notwithstanding the Minnesota Rules of Juvenile Protection Procedure,
rule 47.02, subdivision 2, a parent of an African American or a disproportionately represented
child whose parental rights have been terminated may appeal the decision within 90 days
of the service of notice by the court administrator of the filing of the court's order.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 9.

[260.68] RESPONSIBLE SOCIAL SERVICES AGENCY CONDUCT AND
CASE REVIEW.

Subdivision 1.

Responsible social services agency conduct.

(a) A responsible social
services agency employee who has duties related to child protection shall not knowingly:

(1) make untrue statements about any case involving a child alleged to be in need of
protection or services;

(2) intentionally withhold any information that may be material to a case involving a
child alleged to be in need of protection or services; or

(3) fabricate or falsify any documentation or evidence relating to a case involving a child
alleged to be in need of protection or services.

(b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
employment action.

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 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 active 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.

Subd. 3.

Noncompliance.

Any responsible social services agency that fails to comply
with this section is subject to corrective action and a fine determined by the commissioner.
The commissioner shall use fines received under this subdivision to support compliance
with this act but shall not use amounts received to supplant funding for existing services.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 10.

[260.69] CULTURAL COMPETENCY TRAINING FOR INDIVIDUALS
WORKING WITH AFRICAN AMERICAN AND DISPROPORTIONATELY
REPRESENTED CHILDREN.

Subdivision 1.

Applicability.

The commissioner of human services must collaborate
with the Children's Justice Initiative to ensure that cultural competency training is given to
individuals working in the child welfare system, including child welfare workers, supervisors,
attorneys, juvenile court judges, and family law judges.

Subd. 2.

Training.

(a) The commissioner must develop training content and establish
the frequency of trainings.

(b) The cultural competency training under this section is required prior to or within six
months of beginning work with any African American or disproportionately represented
child and their family. A responsible social services agency staff person who is unable to
complete the cultural competency training prior to working with African American or
disproportionately represented children and their families must work with a qualified staff
person within the agency who has completed cultural competency training until the person
is able to complete the required training. The training must be available by January 1, 2027,
and must:

(1) be provided by an African American individual or individual from a community that
is disproportionately represented in the child welfare system who is knowledgeable about
African American and other disproportionately represented social and cultural norms and
historical trauma;

(2) raise awareness and increase a person's competency to value diversity, conduct a
self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
to diversity and the cultural contexts of communities served;

(3) include instruction on effectively developing a safety plan and instruction on engaging
a safety network; and

(4) be accessible and comprehensive and include the ability to ask questions.

(c) The training may be provided in a series of segments, either in person or online.

Subd. 3.

Update.

The commissioner must provide an update to the chairs and ranking
minority members of the legislative committees with jurisdiction over child protection by
July 1, 2028, on the rollout of the training under subdivision 1 and the content and
accessibility of the training under subdivision 2.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 11.

[260.691] AFRICAN AMERICAN CHILD WELL-BEING ADVISORY
COUNCIL.

Subdivision 1.

Duties.

The African American Child Well-Being Advisory Council must:

(1) review annual reports related to African American children involved in the child
welfare system. The annual 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) assist the Cultural and Ethnic Communities Leadership Council with making
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.

Subd. 2.

Annual report.

By January 1, 2026, and annually thereafter, the council shall
report to the chairs and ranking minority members of the legislative committees with
jurisdiction over child protection on the council's activities under subdivision 1 and other
issues on which the council chooses to report. The report may include recommendations
for statutory changes to improve the child protection system and child welfare outcomes
for African American children and families.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 12.

[260.692] AFRICAN AMERICAN CHILD WELL-BEING UNIT.

Subdivision 1.

Duties.

The African American Child Well-Being Unit, currently being
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 Child 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 Child 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 Child 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 Child 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 Child Well-Being Unit must provide regular
updates on unit activities, including summary reports of case reviews, to the African
American Child 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 Child 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
Child 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.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 13.

[260.693] AFRICAN AMERICAN AND DISPROPORTIONATELY
REPRESENTED FAMILY PRESERVATION GRANTS.

Subdivision 1.

Primary support grants.

The commissioner shall establish direct grants
to organizations, service providers, and programs owned and led by African Americans and
other individuals from communities disproportionately represented in the child welfare
system to provide services and support for African American and disproportionately
represented children and their families involved in Minnesota's child welfare system,
including supporting existing eligible services and facilitating the development of new
services and providers, to create a more expansive network of service providers available
for African American and disproportionately represented children and their families.

Subd. 2.

Eligible services.

(a) Services eligible for grants under this section include but
are not limited to:

(1) child out-of-home placement prevention and reunification services;

(2) family-based services and reunification therapy;

(3) culturally specific individual and family counseling;

(4) court advocacy;

(5) training for and consultation to responsible social services agencies and private social
services agencies regarding this act;

(6) development and promotion of culturally informed, affirming, and responsive
community-based prevention and family preservation services that target the children, youth,
families, and communities of African American and African heritage experiencing the
highest disparities, disproportionality, and overrepresentation in the Minnesota child welfare
system;

(7) culturally affirming and responsive services that work with children and families in
their communities to address their needs and ensure child and family safety and well-being
within a culturally appropriate lens and framework;

(8) services to support informal kinship care arrangements; and

(9) other activities and services approved by the commissioner that further the goals of
the Minnesota African American Family Preservation and Child Welfare Disproportionality
Act, including but not limited to the recruitment of African American staff and staff from
other communities disproportionately represented in the child welfare system to work for
responsible social services agencies and licensed child-placing agencies.

(b) The commissioner may specify the priority of an activity and service based on its
success in furthering these goals. The commissioner shall give preference to programs and
service providers that are located in or serve counties with the highest rates of child welfare
disproportionality for African American and other disproportionately represented children
and their families and employ staff who represent the population primarily served.

Subd. 3.

Ineligible services.

Grant money may not be used to supplant funding for
existing services or for the following purposes:

(1) child day care that is necessary solely because of the employment or training for
employment of a parent or another relative with whom the child is living;

(2) foster care maintenance or difficulty of care payments;

(3) residential treatment facility payments;

(4) adoption assistance or Northstar kinship assistance payments under chapter 259A
or 256N;

(5) public assistance payments for Minnesota family investment program assistance,
supplemental aid, medical assistance, general assistance, general assistance medical care,
or community health services; or

(6) administrative costs for income maintenance staff.

Subd. 4.

Requests for proposals.

The commissioner shall request proposals for grants
under subdivisions 1, 2, and 3 and specify the information and criteria required.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 14.

Minnesota Statutes 2022, section 260C.329, subdivision 3, is amended to read:

Subd. 3.

Petition.

The county attorney or, a parent whose parental rights were terminated
under a previous order of the court, a child who is ten years of age or older, the responsible
social services agency, or a guardian ad litem may file a petition for the reestablishment of
the legal parent and child relationship. 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) in cases where the county attorney is the petitioning party, both the responsible social
services agency and the county attorney agree that reestablishment of the legal parent and
child relationship is in the child's best interests;

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

(3) (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;

(4) (3) the child has been in foster care for at least 48 24 months after the court issued
the order terminating parental rights;

(5) (4) the child has not been adopted; and

(6) (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.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 15.

Minnesota Statutes 2022, 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 has not been 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 48 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.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 16. DIRECTION TO COMMISSIONER OF HUMAN SERVICES;
DISAGGREGATE DATA.

The commissioner of human services must establish a process to improve the
disaggregation of data to monitor child welfare outcomes for African American and other
disproportionately represented children in the child welfare system. The commissioner must
begin disaggregating data by January 1, 2027.

EFFECTIVE DATE.

This section is effective July 1, 2027.

Sec. 17. CHILD WELFARE COMPLIANCE AND FEEDBACK PORTAL.

The commissioner of human services shall develop, maintain, and administer a publicly
accessible online compliance and feedback portal to receive reports of noncompliance with
the Minnesota African American Family Preservation and Child Welfare Disproportionality
Act under Minnesota Statutes, sections 260.61 to 260.693, and other statutes related to child
maltreatment, safety, and placement. Reports received through the portal must be transferred
for review and further action to the appropriate unit or department within the Department
of Human Services, including but not limited to the African American Child Well-Being
Unit.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 18. DIRECTION TO COMMISSIONER; MAINTAINING CONNECTIONS
IN FOSTER CARE BEST PRACTICES.

The commissioner of human services shall develop and publish guidance on best practices
for ensuring that African American and disproportionately represented children in foster
care maintain connections and relationships with their parents, custodians, and extended
relatives. The commissioner shall also develop and publish best practice guidance on
engaging and assessing noncustodial and nonadjudicated parents to care for their African
American or disproportionately represented children who cannot remain with the children's
custodial parents.

EFFECTIVE DATE.

This section is effective July 1, 2027, except as provided under
section 20.

Sec. 19. DIRECTION TO COMMISSIONER; COMPLIANCE SYSTEM REVIEW
DEVELOPMENT.

(a) By January 1, 2026, the commissioner of human services, in consultation with counties
and the working group established under section 21, must develop a system to review county
compliance with the Minnesota African American Family Preservation and Child Welfare
Disproportionality Act. The system may include but is not limited to the cases to be reviewed,
the criteria to be reviewed to demonstrate compliance, the rate of noncompliance and the
coordinating penalty, the program improvement plan, and training.

(b) By January 1, 2026, the commissioner of human services must provide a report to
the chairs and ranking minority members of the legislative committees with jurisdiction
over child welfare on the proposed compliance system review process and language to
codify that process in statute.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 20. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND
CHILD WELFARE DISPROPORTIONALITY ACT; PHASE-IN PROGRAM.

(a) The commissioner of human services must establish a phase-in program that
implements sections 1 to 17 in Hennepin and Ramsey Counties. The commissioner may
allow additional counties to participate in the phase-in program upon the request of the
counties.

(b) The commissioner of human services must report on the outcomes of the phase-in
program, including the number of participating families, the rate of children in out-of-home
placement, and the measures taken to prevent out-of-home placement for each participating
family, to the chairs and ranking minority members of the legislative committees with
jurisdiction over child welfare.

(c) Sections 1 to 17 are effective July 1, 2024, for purposes of this phase-in program.

(d) This section expires July 1, 2027.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 21. MINNESOTA AFRICAN AMERICAN FAMILY PRESERVATION AND
CHILD WELFARE DISPROPORTIONALITY ACT; WORKING GROUP.

(a) The commissioner of human services must establish a working group to provide
guidance and oversight for the Minnesota African American Family Preservation and Child
Welfare Disproportionality Act phase-in program.

(b) The members of the working group must include representatives from the Minnesota
Association of County Social Service Administrators, the Association of Minnesota Counties,
Hennepin County, Ramsey County, the Department of Human Services, and community
organizations with experience in child welfare. The legislature may provide recommendations
to the commissioner on the selection of the representatives from the community organizations.

(c) The working group must provide oversight of the phase-in program and evaluate the
cost of the phase-in program. The working group must also assess future costs of
implementing the Minnesota African American Family Preservation and Child Welfare
Disproportionality Act statewide.

(d) By June 30, 2026, the working group must develop an implementation plan and best
practices for the Minnesota African American Family Preservation and Child Welfare
Disproportionality Act to go into effect statewide.

EFFECTIVE DATE.

This section is effective July 1, 2024.

Sec. 22. DIRECTION TO COMMISSIONER; IMPLEMENTATION COSTS.

The commissioner of human services must handle any administrative or implementation
costs for the Minnesota African American Family Preservation and Child Welfare
Disproportionality Act within the limits of existing funding.

Sec. 23. APPROPRIATION; MINNESOTA AFRICAN AMERICAN FAMILY
PRESERVATION AND CHILD WELFARE DISPROPORTIONALITY ACT
PHASE-IN PROGRAM GRANTS.

$5,000,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of human services for grants to Hennepin and Ramsey Counties to implement the Minnesota
African American Family Preservation and Child Welfare Disproportionality Act phase-in
program. Of this amount, $2,500,000 must be provided to Hennepin County and $2,500,000
must be provided to Ramsey County. The commissioner must handle any administrative or
implementation costs for the phase-in program within the limits of existing funding. This
is a onetime appropriation and is available until June 30, 2026.