HF 1151

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/08/2021 04:27pm

A bill for an act Next
relating to families; modifying Previous child Next Previous welfare Next provisions; establishing the Minnesota
Previous African Next Previous American Next Previous Family Next Previous Preservation Next Previous Act Next ; providing criminal penalties; requiring
a report; appropriating money; amending Minnesota Statutes 2020, section
260C.329, subdivision 3; proposing coding for new law in Minnesota Statutes,
chapter 260.

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

Section 1.

new text begin [260.61] CITATION.
new text end

new text begin Sections 260.61 to 260.695 may be cited as the "Minnesota Previous African Next Previous American Next Previous Family Next
Previous Preservation Next Previous Act Next ."
new text end

Sec. 2.

new text begin [260.62] PURPOSES.
new text end

new text begin (a) The purpose of the Minnesota Previous African Next Previous American Next Previous Family Next Previous Preservation Next Previous Act Next is to:
new text end

new text begin (1) protect the best interests of Previous African Next Previous American Next children;
new text end

new text begin (2) promote the stability Previous and Next security of Previous African Next Previous American Next children Previous and Next families by
establishing minimum standards to prevent arbitrary Previous and Next unnecessary removal of Previous African Next
Previous American Next children from their families; Previous and Next
new text end

new text begin (3) improve permanency outcomes, including Previous family Next reunification, for Previous African Next Previous American Next
children.
new text end

new text begin (b) Nothing in this legislation is intended to interfere with the protections of the Indian
Previous Child Next Previous Welfare Next Previous Act Next of 1978, United States Code, title 25, sections 1901 to 1963.
new text end

Sec. 3.

new text begin [260.63] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to sections 260.61 to 260.695.
new text end

new text begin Subd. 2. new text end

new text begin Active efforts. new text end

new text begin "Active efforts" means a rigorous Previous and Next concerted level of effort
that the local social services agency must continuously make throughout the time that the
local social services agency is involved with an Previous African Next Previous American Next Previous child Next Previous and Next Previous family Next . To
provide active efforts to preserve an Previous African Next Previous American Next Previous child Next Previous and Next Previous family Next , the local social
services agency must continuously involve an Previous African Next Previous American Next Previous family Next Previous and Next the Previous African Next
Previous American Next Previous Welfare Next Oversight Council in all services for the Previous family Next , including case planning
Previous and Next choosing services Previous and Next providers. When providing active efforts, the local social services
agency is required to consider the Previous African Next Previous American Next Previous family Next 's social Previous and Next cultural values at
all times while providing services to a Previous child Next Previous and Next Previous family Next . Active efforts includes continuous
efforts to preserve an Previous African Next Previous American Next Previous child Next 's Previous family Next Previous and Next to prevent out-of-home placement
of an Previous African Next Previous American Next Previous child Next . If an Previous African Next Previous American Next Previous child Next is placed out-of-home, the local
social services agency is required to make active efforts to reunify the Previous African Next Previous American Next
Previous child Next with the Previous child Next 's Previous family Next as soon as possible. Active efforts sets a higher standard for
the local social services agency than reasonable efforts to preserve the Previous family Next , prevent
breaking up the Previous family Next , Previous and Next reunify the Previous family Next , according to section 260.762. Active efforts
includes the provision of reasonable efforts as required by Title IV-E of the Social Security
Previous Act Next , United States Code, title 42, sections 670 to 679c.
new text end

new text begin Subd. 3. new text end

new text begin Previous African Next Previous American Next Previous child Next . new text end

new text begin " Previous African Next Previous American Next Previous child Next " is a Previous child Next having origins
in Africa, including a Previous child Next of two or more races who has at least one parent with origins
in Africa.
new text end

new text begin Subd. 4. new text end

new text begin Best interest of the Previous African Next Previous American Next Previous child Next . new text end

new text begin "Best interest of the Previous African Next
Previous American Next Previous child Next " means providing a culturally informed practice lens that acknowledges,
utilizes, Previous and Next embraces the community Previous and Next cultural norms of an Previous African Next Previous American Next Previous child Next Previous and Next
allows the Previous child Next to remain safely at home with the Previous child Next 's Previous family Next . The best interest of the
Previous child Next supports the Previous child Next 's sense of belonging to Previous family Next , extended Previous family Next , kin, Previous and Next cultural
community.
new text end

new text begin Subd. 5. new text end

new text begin Previous Child Next placement proceeding. new text end

new text begin (a) " Previous Child Next placement proceeding" includes a
judicial proceeding which could have a result described in paragraphs (b) to (e).
new text end

new text begin (b) "Adoptive placement" means the permanent placement of an Previous African Next Previous American Next Previous child Next
for adoption, including an action resulting in a final decree of adoption.
new text end

new text begin (c) "Court-ordered foster care placement" means the removal of an Previous African Next Previous American Next
Previous child Next from the Previous child Next 's home with the Previous child Next 's parents or legal custodians Previous and Next the temporary
placement of the Previous child Next in a foster home, in shelter care, or in the home of a guardian, when
the parents or legal custodians cannot have the Previous child Next returned upon demand but whose
parental rights have not been terminated.
new text end

new text begin (d) "Preadoptive placement" means the placement of a Previous child Next with the Previous child Next 's Previous family Next or
kin when the Previous child Next is under the guardianship of the commissioner of human services Previous and Next
when an adoptive placement agreement for the Previous child Next has been fully executed.
new text end

new text begin (e) "Termination of parental rights" means an action resulting in the termination of the
parent-child relationship under section 260C.301.
new text end

new text begin (f) The terms in this subdivision include a Previous child Next 's placement based upon a Previous child Next 's juvenile
status offense, but do not include a placement based upon (1) an Previous act Next which if committed by
an adult would be deemed a crime, or (2) an award of custody in a divorce proceeding to
one of the Previous child Next 's parents.
new text end

new text begin Subd. 6. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human services.
new text end

new text begin Subd. 7. new text end

new text begin Previous Disproportionality Next . new text end

new text begin " Previous Disproportionality Next " means the overrepresentation of
Previous African Next Previous American Next children in the state's Previous child Next Previous welfare Next system population as compared to
the group's representation in the state's total Previous child Next population.
new text end

new text begin Subd. 8. new text end

new text begin Previous Family Next Previous preservation Next services. new text end

new text begin " Previous Family Next Previous preservation Next services" means intensive
family-centered services that are provided to a Previous family Next primarily in the Previous family Next 's own home
or community when the services are based on the individualized needs of the Previous family Next .
new text end

new text begin Subd. 9. new text end

new text begin Local social services agency. new text end

new text begin "Local social services agency" has the meaning
given in section 260.755, subdivision 13.
new text end

new text begin Subd. 10. new text end

new text begin Parent. new text end

new text begin "Parent" means the biological parent of an Previous African Next Previous American Next Previous child Next
or any person who has legally adopted an Previous African Next Previous American Next Previous child Next . Parent includes an
unmarried father whose paternity has been acknowledged or established, as well as an
alleged father. Paternity has been acknowledged when an unmarried father takes any action
to hold himself out as the biological father of a Previous child Next .
new text end

new text begin Subd. 11. new text end

new text begin Relative. new text end

new text begin "Relative" means a person related to the Previous child Next by blood, marriage,
or adoption, an individual who is an important friend of the Previous child Next or Previous child Next 's Previous family Next with
whom the Previous child Next has resided or has had significant contact, or a person whom the Previous child Next or
the Previous child Next 's Previous family Next identify as related to the Previous child Next 's Previous family Next .
new text end

new text begin Subd. 12. new text end

new text begin Safety network. new text end

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

new text begin Subd. 13. new text end

new text begin Sexual abuse. new text end

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

new text begin Subd. 14. new text end

new text begin Substantial Previous child Next endangerment. new text end

new text begin "Substantial Previous child Next endangerment" has the
meaning given in section 260E.03, subdivision 22.
new text end

Sec. 4.

new text begin [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT Previous AND Next
PROMOTE Previous FAMILY Next REUNIFICATION.
new text end

new text begin (a) A local social services agency shall make active efforts to prevent the out-of-home
placement of an Previous African Next Previous American Next Previous child Next , eliminate the need for a Previous child Next 's removal from the
Previous child Next 's home, Previous and Next reunify an Previous African Next Previous American Next Previous child Next with the Previous child Next 's Previous family Next as soon as
practicable.
new text end

new text begin (b) Prior to removing an Previous African Next Previous American Next Previous child Next from the Previous child Next 's home, a local social
services agency must work with the Previous child Next 's Previous family Next to allow the Previous child Next to remain living in the
Previous child Next 's home while implementing an in-home safety plan based on the needs of the Previous family Next .
The local social services agency must establish a safety network for the Previous family Next Previous and Next engage
the safety network in developing the safety plan. The Previous child Next 's parent or guardian must actively
participate in creating the safety plan with guidance Previous and Next input from the local social services
agency. The safety plan must address the Previous child Next 's basic needs Previous and Next incorporate Previous family Next Previous and Next
community support to ensure the Previous child Next 's safety while keeping the Previous family Next intact. The local
social services agency is not required to establish a safety plan in cases with allegations of
sexual abuse or egregious harm.
new text end

new text begin (c) Unless the court finds by clear Previous and Next convincing evidence that the Previous child Next 's health or
Previous welfare Next would be immediately endangered if the Previous child Next were to remain in the Previous child Next 's home,
a court shall not order an out-of-home or permanency placement of an Previous African Next Previous American Next
Previous child Next alleged to be in need of protective services unless the court finds that the local social
services agency has made active efforts to preserve the Previous child Next 's Previous family Next . At each hearing
regarding an Previous African Next Previous American Next Previous child Next who is alleged to be in need of Previous child Next protective services,
the court shall review the local social services agency's provision of active efforts to the
Previous child Next Previous and Next the Previous child Next 's Previous family Next Previous and Next the court shall require the local social services agency to
provide documentation Previous and Next evidence that demonstrates how the agency continues to provide
culturally informed, strength-based, community-involved, Previous and Next community-based services
to the Previous child Next Previous and Next the Previous child Next 's Previous family Next . In determining whether the local social services agency
has made active efforts to preserve the Previous family Next for purposes of the Previous child Next 's out-of-home
placement Previous and Next permanency, the court shall make findings regarding whether the local social
services agency made appropriate Previous and Next meaningful family-based services available to the
Previous child Next 's Previous family Next based upon the Previous family Next 's specific needs. If a court determines that the local
social services agency did not make active efforts to preserve the Previous family Next as required by this
section, the court shall order the local social services agency to immediately provide active
efforts to the Previous child Next Previous and Next Previous child Next 's Previous family Next to preserve the Previous family Next .
new text end

Sec. 5.

new text begin [260.65] TEMPORARY OUT-OF-HOME PLACEMENT.
new text end

new text begin (a) Prior to placing an Previous African Next Previous American Next Previous child Next in foster care, the responsible local social
services agency must make active efforts to identify Previous and Next locate the Previous child Next 's noncustodial or
nonadjudicated parent Previous and Next the Previous child Next 's relatives to notify them that the Previous child Next needs a foster
home Previous and Next provide them with a list of legal resources. The agency must also inform the
Previous child Next 's noncustodial or nonadjudicated parent Previous and Next relatives of the option to become a
placement resource for the Previous child Next Previous and Next the possibility that the Previous child Next will need a permanent
placement. If prior notice is not possible, the agency must notify the noncustodial or
nonadjudicated parent Previous and Next identified relatives of the Previous child Next 's need for a foster home within
48 hours of a Previous child Next 's removal from the custodial parent's care. The local social services
agency must maintain detailed records of the agency's efforts to notify parents Previous and Next relatives
under this section.
new text end

new text begin (b) Notwithstanding the provisions of section 260C.219, if a Previous child Next 's noncustodial or
nonadjudicated parent is willing to Previous and Next capable of providing daily care of the Previous African Next
Previous American Next Previous child Next temporarily or permanently, the local social services agency shall temporarily
place the Previous child Next with the noncustodial or nonadjudicated parent. Prior to initial placement
with a noncustodial or nonadjudicated parent, the local social services agency must conduct
an immediate assessment of the parent's ability to care for the Previous child Next .
new text end

new text begin (c) If a Previous child Next 's noncustodial or nonadjudicated parent is unwilling to or incapable of
caring for the Previous child Next Previous and Next the local social services agency has determined that continued
placement of the Previous child Next in the home of the Previous child Next 's parent would endanger the Previous child Next 's health,
safety, or Previous welfare Next , the local social services agency shall comply with the custodial or
noncustodial parent or legal custodian's request to temporarily place the Previous child Next with a relative
selected by the Previous child Next 's parent or legal custodian. If selected relatives are not available, the
local social services agency shall consider additional relatives for the Previous child Next 's placement.
Prior to initial placement of the Previous child Next with a relative, the local social services agency must
conduct an assessment of the relative's ability to care for the Previous child Next .
new text end

new text begin (d) The local social services agency must make active efforts to allow a noncustodial
Previous and Next nonadjudicated parent or a selected relative to remedy any issues that prevent placement
of the Previous child Next , including bars to licensing the relative's home as a foster home. If the relative
has a temporary or permanent bar to obtaining a foster care license, the local social services
agency must make active efforts to assist the relative in applying for a variance to place the
Previous child Next with the relative. The local social services agency is only relieved of the duty to make
active efforts to place the Previous child Next with a particular relative if the agency can demonstrate that
it would not be consistent with the Previous child Next 's best interests to place the Previous child Next with the particular
relative.
new text end

new text begin (e) If, after conducting an assessment, the local social services agency determines that
the Previous child Next cannot be placed with the relative or the noncustodial or nonadjudicated parent,
the local social services agency must provide specific reasons with supporting evidence in
writing to the court explaining why the Previous child Next 's placement with a noncustodial parent or
relative is not possible.
new text end

Sec. 6.

new text begin [260.66] EMERGENCY REMOVAL HEARING.
new text end

new text begin Notwithstanding section 260C.163, subdivision 3, Previous and Next the provisions of Minnesota Rules
of Juvenile Protection Procedure Rule 25, a parent of an Previous African Next Previous American Next Previous child Next who is
subject to an emergency protective care hearing pursuant to section 260C.178 Previous and Next Minnesota
Rules of Juvenile Protection Procedure Rule 30 must be represented by counsel. The court
must appoint qualified counsel to represent the parent if the parent meets the eligibility
requirements in section 611.17.
new text end

Sec. 7.

new text begin [260.67] TERMINATION OF PARENTAL RIGHTS; Previous CHILD Next PLACEMENT
PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Termination of parental rights restrictions. new text end

new text begin (a) A court shall not
terminate the parental rights of an Previous African Next Previous American Next parent based solely on the parent's
failure to complete case plan requirements.
new text end

new text begin (b) A court shall not terminate the parental rights of an Previous African Next Previous American Next parent in Previous child Next
placement proceedings 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 Previous child Next in the
first, second, or third degree under sections 609.2661, 609.2662, or 609.2663; manslaughter
in the first or second degree under section 609.20 or 609.205; manslaughter of an unborn
Previous child Next in the first or second degree under sections 609.2664 or 609.2665; assault in the first,
second, or third degree under section 609.221, 609.222, or 609.223; domestic assault by
strangulation under section 609.2247; felony domestic assault under sections 609.2242 or
609.2243; kidnapping under section 609.25; solicitation, inducement, Previous and Next promotion of
prostitution under section 609.322; 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 Previous child Next under section 609.377 or
609.378; use of a minor in sexual performance under section 617.246; or failing to protect
a Previous child Next from an overt Previous act Next or condition that constitutes egregious harm. The court shall, if
possible, transfer permanent legal Previous and Next physical custody to a fit Previous and Next willing relative or third
party if the court determines that there is continued need for out-of-home placement of the
Previous child Next .
new text end

new text begin Subd. 2. new text end

new text begin Appeals. new text end

new text begin Notwithstanding the provisions of Minnesota Rules of Juvenile
Protection Procedure Rule 47.02, subdivision 2, an Previous African Next Previous American Next parent whose parental
rights have been terminated may appeal the decision within 60 days of the service of notice
by the court administrator of the filing of the court's order.
new text end

Sec. 8.

new text begin [260.68] LOCAL Previous WELFARE Next AGENCY CONDUCT Previous AND Next CASE REVIEW.
new text end

new text begin (a) A local social services agency employee who has duties related to Previous child Next protection
shall not knowingly:
new text end

new text begin (1) make untrue statements about any case involving a Previous child Next alleged to be in need of
protection or services;
new text end

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

new text begin (3) fabricate or falsify any documentation or evidence relating to a case involving a Previous child Next
alleged to be in need of protection or services.
new text end

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

new text begin (c) When a local social services agency screens in a report alleging maltreatment of an
Previous African Next Previous American Next Previous child Next or places an Previous African Next Previous American Next Previous child Next in an involuntary out-of-home
placement, the agency shall, within seven days after screening in the report or initiating the
Previous child Next 's out-of-home placement, notify the Department of Human Services of the maltreatment
report or Previous child Next 's out-of-home placement Previous and Next of the steps that the agency has taken to
investigate Previous and Next remedy the conditions that led to the report or placement. Upon receiving
a report alleging maltreatment of an Previous African Next Previous American Next Previous child Next or notice that an Previous African Next
Previous American Next Previous child Next was placed out-of-home, the Department of Human Services shall review
the local social services agency's handling of the Previous child Next 's case to ensure that the case plans
Previous and Next services address the unique needs of the Previous child Next Previous and Next the Previous child Next 's Previous family Next Previous and Next that the agency
is making active efforts to preserve the Previous child Next 's Previous family Next in compliance with the Previous African Next
Previous American Next Previous Family Next Previous Preservation Next Previous Act Next . At all stages of a case involving an Previous African Next Previous American Next
Previous child Next , the local social services agency shall, upon request, fully cooperate with the Department
of Human Services Previous and Next the Previous African Next Previous American Next Previous Child Next Previous Welfare Next Oversight Council Previous and Next provide
access to all relevant case files.
new text end

new text begin (d) In any involuntary adoptive or preadoptive placement proceeding involving an
Previous African Next Previous American Next Previous child Next , the local social services agency shall notify the Department of
Human Services of the pending proceeding Previous and Next of the right of intervention. No preadoptive
or adoptive placement proceeding where there will be placement with a nonrelative may
be held until at least 30 days after receipt of the notice by the Department of Human Services
or until a home study can be completed for a relative kinship adoption, whichever occurs
first. Upon receipt of the notice, the Department of Human Services shall review the case
to ensure that the requirements of the Previous African Next Previous American Next Previous Family Next Previous Preservation Next Previous Act Next have been
met.
new text end

new text begin If the Department of Human Services requests time to prepare for the proceeding, the
district court must grant the Department of Human Services up to 30 additional days to
prepare for the proceeding. The agency or notifying party shall include in the notice the
identity of the birth parents Previous and Next Previous child Next . In cases that an agency or party to an adoptive
placement knows or has reason to believe that a Previous child Next is or may be Previous African Next Previous American Next , proof
of service upon the Department of Human Services must be filed with the adoption petition.
new text end

new text begin (e) The local social services agency shall conduct a case review every 24 months after
a 2021 baseline is established. The local social services agency shall report the agency's
findings to the county board, related Previous child Next Previous welfare Next committees, the Children's Justice Initiative
team, the Previous African Next Previous American Next Previous Child Next Previous Welfare Next Oversight Council, Previous and Next community stakeholders
within six months of gathering data. For situations in which the data being reported would
be smaller than five, the data must only be reported to the Previous African Next Previous American Next Previous Child Next Previous Welfare Next
Oversight Council. The case review must include:
new text end

new text begin (1) the number of Previous African Next Previous American Next children represented in the local county Previous child Next Previous welfare Next
system;
new text end

new text begin (2) the number Previous and Next race of maltreatment reports received Previous and Next reports accepted for
investigation or referred for Previous family Next assessment;
new text end

new text begin (3) the number Previous and Next race of children Previous and Next parents who receive in-home preventive case
management services;
new text end

new text begin (4) the number Previous and Next race of children whose parents are referred to community-based,
culturally appropriate, strength-based, or trauma-informed services;
new text end

new text begin (5) the number Previous and Next race of children removed from their homes;
new text end

new text begin (6) the number Previous and Next race of children reunified with their parents;
new text end

new text begin (7) the number Previous and Next race of children whose parents are offered Previous family Next group decision
making services;
new text end

new text begin (8) the number Previous and Next race of children whose parents are offered the parent support outreach
program;
new text end

new text begin (9) the number Previous and Next race of children in out-of-home placement;
new text end

new text begin (10) the number Previous and Next race of children who find permanency through guardianship Previous and Next
adoption; Previous and Next
new text end

new text begin (11) the number Previous and Next race of children under guardianship of the commissioner or waiting
to be adopted.
new text end

new text begin (f) Case review shall also:
new text end

new text begin (1) identify barriers to reunifying children with their parents;
new text end

new text begin (2) identify Previous family Next conditions that led to the need for out-of-home placement;
new text end

new text begin (3) identify any barriers to accessing culturally informed mental health or substance use
disorder treatment services for the parent or Previous child Next ;
new text end

new text begin (4) document efforts to identify a Previous child Next 's father Previous and Next paternal relatives, Previous and Next provision of
services to custodial Previous and Next noncustodial fathers, if appropriate; Previous and Next
new text end

new text begin (5) document Previous and Next summarize court reviews of active efforts.
new text end

new text begin (g) Any local social services agency that has a disproportionate rate of outcomes across
the Previous child Next Previous welfare Next process must develop a remediation plan with measurable outcomes to
address Previous and Next reduce the factors that led to the disproportionate outcomes. The plan must
include information about how the local social services agency will achieve Previous and Next document
trauma-informed, positive Previous child Next well-being outcomes through remediation efforts. The local
social services agency must develop the plan within 30 days of discovery of the disparity
Previous and Next the agency must make measurable improvements within 12 months. A local social
services agency may request assistance from the Previous African Next Previous American Next Previous Child Next Previous Welfare Next Oversight
Council to develop a remediation plan.
new text end

new text begin (h) Any local social services agency that fails to comply with this section will be subject
to corrective action Previous and Next a fine determined by the commissioner.
new text end

Sec. 9.

new text begin [260.69] Previous AFRICAN Next Previous AMERICAN Next Previous CHILD Next Previous WELFARE Next OVERSIGHT
COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin (a) The commissioner shall appoint an Previous African Next Previous American Next Previous Child Next
Previous Welfare Next Oversight Council to formulate policies Previous and Next procedures relating to Previous child Next Previous welfare Next
services for Previous African Next Previous American Next children to ensure that local social services agencies provide
Previous African Next Previous American Next families with culturally relevant Previous family Next Previous preservation Next services Previous and Next
opportunities to care for their children safely in their homes.
new text end

new text begin (b) The terms, compensation, Previous and Next removal of council members shall be as provided in
section 15.059. The advisory council does not expire.
new text end

new text begin Subd. 2. new text end

new text begin Membership Previous and Next composition. new text end

new text begin (a) The council shall consist of 31 members
Previous and Next must include:
new text end

new text begin (1) 15 members from Previous African Next Previous American Next families Previous and Next communities that have been
impacted by the Previous child Next Previous welfare Next process, including Previous child Next Previous welfare Next policy Previous and Next social work
professionals Previous and Next paraprofessionals, community leaders, Previous and Next community members;
new text end

new text begin (2) local social services agency representatives from the six counties with the highest
populations of disproportionately represented Previous African Next Previous American Next children in the state; Previous and Next
new text end

new text begin (3) two parents of Previous African Next Previous American Next children from each of the four regions of the state.
new text end

new text begin (b) The council shall have two cochairs, one from the Department of Human Services
county agency Previous and Next the other an Previous African Next Previous American Next parent with experience in the Previous child Next Previous welfare Next
system.
new text end

new text begin Subd. 3. new text end

new text begin Meeting. new text end

new text begin The council shall meet at least six times per year, but may meet more
frequently at the call of the chair, a majority of the council members, or the commissioner.
Subgroups of the council may meet more frequently as necessary.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The Previous African Next Previous American Next Previous Child Next Previous Welfare Next Oversight Council shall:
new text end

new text begin (1) monitor the number of Previous African Next Previous American Next children in out-of-home placement in a
joint effort with the Department of Human Services;
new text end

new text begin (2) review summary reports on case reviews prepared by specialists to ensure that local
social services agencies meet the needs of Previous African Next Previous American Next families. The council may
review individual case data with identifying information removed to provide context Previous and Next
oversight for disparities in the treatment of Previous African Next Previous American Next children Previous and Next families as
compared to other children Previous and Next families;
new text end

new text begin (3) develop a culturally appropriate service model for shelter Previous and Next foster care settings to
follow that describes how to provide services for Previous African Next Previous American Next children in a culturally
appropriate manner;
new text end

new text begin (4) develop Previous and Next promote public policies Previous and Next Previous child Next protection laws that specifically
consider the needs of Previous African Next Previous American Next children Previous and Next families;
new text end

new text begin (5) coordinate stakeholder Previous and Next agency efforts to improve Previous child Next Previous welfare Next outcomes for
Previous African Next Previous American Next children Previous and Next families;
new text end

new text begin (6) initiate a public awareness campaign on the issue of racial disparities in out-of-home
placement of Previous African Next Previous American Next children as compared to children of other races;
new text end

new text begin (7) partner with the Department of Human Services to coordinate services Previous and Next create
partnerships to provide housing assistance, employment assistance, Previous and Next education support
Previous and Next training for Previous African Next Previous American Next children Previous and Next families; Previous and Next
new text end

new text begin (8) partner with the commissioner Previous and Next local social services agencies to promote hiring
Previous and Next recruitment practices that consider diverse candidates Previous and Next candidates who have been
impacted by the Previous child Next Previous welfare Next system.
new text end

new text begin Subd. 5. new text end

new text begin Case review. new text end

new text begin (a) Upon the request of a Previous child Next 's parent, the Previous African Next Previous American Next
Previous Child Next Previous Welfare Next Oversight Council may initiate a case review of a Previous child Next 's case in order to
provide recommendations to the Department of Human Services Previous and Next the local social services
agency to improve the Previous child Next Previous welfare Next system Previous and Next provide better outcomes for the Previous child Next Previous and Next
the Previous child Next 's Previous family Next .
new text end

new text begin (b) Upon the request of the parent, members of the Previous African Next Previous American Next Previous Child Next Previous Welfare Next
Oversight Council shall have access to the following data for a Previous child Next 's case review under
this subdivision:
new text end

new text begin (1) police investigative data;
new text end

new text begin (2) autopsy records Previous and Next coroner or medical examiner investigative data;
new text end

new text begin (3) hospital, public health, Previous and Next other medical records of the Previous child Next ;
new text end

new text begin (4) hospital Previous and Next other medical records of the Previous child Next 's parent that relate to prenatal care;
new text end

new text begin (5) records of local social services agencies that provided services to the Previous child Next or Previous family Next ;
Previous and Next
new text end

new text begin (6) a local social services agency's personnel data regarding any agency employees who
provided services to the Previous child Next or Previous child Next 's Previous family Next members.
new text end

new text begin A state agency, statewide system, or political subdivision shall provide the data in paragraph
(b) to the Previous African Next Previous American Next Oversight Council Previous and Next its members upon request of the
commissioner. Not public data may be shared with members of the council in connection
with an individual case.
new text end

new text begin (b) Notwithstanding the data's classification in the possession of any other agency, data
acquired by the Previous African Next Previous American Next Previous Child Next Previous Welfare Next Oversight Council in the exercise of its
duties are protected nonpublic or confidential data as defined in section 13.02, but may be
disclosed by council members as necessary to carry out the purposes of the council. The
data are not subject to subpoena or discovery. The commissioner may disclose conclusions
of the council, but may not disclose data on individuals that were classified as confidential
or private data on individuals in the possession of the state agency, statewide system, or
political subdivision from which the data were received, except that the commissioner may
disclose local social services agency data as provided in section 260E.35, subdivision 7, on
individual cases involving a fatality or near fatality of a person served by the local social
services agency prior to the date of death.
new text end

new text begin (c) A person attending an Previous African Next Previous American Next Previous Child Next Previous Welfare Next Oversight Council meeting
may not disclose what transpired at the meeting, except to carry out the purposes of the
council. The proceedings Previous and Next records of the council are protected nonpublic data as defined
in section 13.02, subdivision 13, Previous and Next are not subject to discovery or introduction into evidence
in a civil or criminal action against a professional, the state, or a county agency arising out
of the matters that the panel is reviewing. Information, documents, Previous and Next records otherwise
available from other sources are not immune from discovery or use in a civil or criminal
action solely because they were presented during proceedings of the council. A person who
presented information before the council or who is a member of the council is not prevented
from testifying about matters within the person's knowledge. However, in a civil or criminal
proceeding, a person must not be questioned about the person's presentation of information
to the council or opinions formed by the person as a result of council meetings.
new text end

new text begin Subd. 6. new text end

new text begin Annual report. new text end

new text begin By January 1 of each year, beginning January 1, 2022, the
council shall report to the chairs Previous and Next ranking minority members of the legislative committees
with jurisdiction over Previous child Next protection on the council's activities under subdivision 4 Previous and Next
other issues on which the council may choose to report. The report may include
recommendations for statutory changes that will improve the Previous child Next Previous welfare Next system for
Previous African Next Previous American Next children Previous and Next families.
new text end

Sec. 10.

new text begin [260.694] Previous CHILD Next Previous WELFARE Next Previous DISPROPORTIONALITY Next SPECIALISTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall appoint six Previous child Next Previous welfare Next
Previous disproportionality Next specialists to provide assistance to counties Previous and Next monitor Previous child Next Previous welfare Next
processes Previous and Next outcomes to address Previous and Next mitigate Previous child Next Previous welfare Next disparities.
new text end

new text begin Subd. 2. new text end

new text begin Location. new text end

new text begin Two specialists shall serve Hennepin County Previous and Next two specialists
shall serve Ramsey County. The two other specialists shall serve northern Previous and Next southern
Minnesota, respectively.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The Previous child Next Previous welfare Next Previous disproportionality Next specialists shall perform the
following functions:
new text end

new text begin (1) assist with the development Previous and Next review of Previous child Next Previous welfare Next curriculum in the Minnesota
Previous Child Next Previous Welfare Next Training System to engage Previous child Next protection social workers in training, improve
outcomes Previous and Next Previous child Next well-being for Previous African Next Previous American Next Previous and Next other disproportionately represented
children, Previous and Next better equip workers to provide services to parents;
new text end

new text begin (2) provide on-site technical assistance to counties;
new text end

new text begin (3) monitor the number of Previous African Next Previous American Next children in out-of-home placement statewide,
conduct case reviews, Previous and Next respond to requests from families for case review;
new text end

new text begin (4) directly oversee, review, Previous and Next consult on case plans Previous and Next services offered by local
social services agencies to ensure that case plans Previous and Next services address the unique needs of
each Previous African Next Previous American Next or other disproportionately represented Previous family Next Previous and Next comply with the
Minnesota Previous African Next Previous American Next Previous Family Next Previous Preservation Next Previous Act Next ;
new text end

new text begin (5) screen shelter Previous and Next foster care settings, in cooperation with the Previous African Next Previous American Next
Previous Child Next Previous Welfare Next Oversight Council;
new text end

new text begin (6) establish Previous and Next administer a request for proposals process for existing Previous child Next Previous welfare Next
disparities grants Previous and Next any new Previous child Next Previous welfare Next disparity or Previous disproportionality Next grants, monitor
grant activities, Previous and Next provide technical assistance to grantees; Previous and Next
new text end

new text begin (7) coordinate services Previous and Next create partnerships to provide housing assistance, employment
assistance, Previous and Next education support Previous and Next training for Previous African Next Previous American Next children Previous and Next families,
in cooperation with the Previous African Next Previous American Next Previous Child Next Previous Welfare Next Oversight Council.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The Previous child Next Previous welfare Next Previous disproportionality Next specialists shall provide a quarterly
report outlining their activities to the commissioner Previous and Next the Previous African Next Previous American Next Previous Child Next Previous Welfare Next
Oversight Council, Previous and Next shall publish an annual census of all disproportionately represented
children residing in out-of-home placements statewide. The annual census shall include
data on the types of placements, age Previous and Next sex of the children, how long the children have
been in out-of-home placements, Previous and Next other relevant demographic information.
new text end

new text begin Subd. 5. new text end

new text begin Representation. new text end

new text begin Individuals appointed as specialists must represent the
population being served.
new text end

Sec. 11.

new text begin [260.695] Previous CHILD Next Previous WELFARE Next DISPARITIES Previous AND Next
Previous DISPROPORTIONALITY Next GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Primary support grants. new text end

new text begin The commissioner of human services shall
establish direct grants to organizations, service providers, Previous and Next programs led by Previous African Next
Americans to provide primary support for programs to implement the Minnesota Previous African Next
Previous American Next Previous Family Next Previous Preservation Next Previous Act Next .
new text end

new text begin Subd. 2. new text end

new text begin Eligible services. new text end

new text begin (a) Services eligible for grant money include, but are not
limited to:
new text end

new text begin (1) Previous child Next placement prevention Previous and Next reunification services;
new text end

new text begin (2) family-based services Previous and Next reunification therapy;
new text end

new text begin (3) culturally specific individual Previous and Next Previous family Next counseling;
new text end

new text begin (4) court advocacy;
new text end

new text begin (5) training Previous and Next consultation to county Previous and Next private social services agencies regarding
the Minnesota Previous African Next Previous American Next Previous Family Next Previous Preservation Next Previous Act Next under sections 260.61 to 260.695;
Previous and Next
new text end

new text begin (6) other activities Previous and Next services approved by the commissioner of human services that
further the goals of the Minnesota Previous African Next Previous American Next Previous Family Next Previous Preservation Next Previous Act Next , including
but not limited to recruitment of Previous African Next Previous American Next staff for local social services agencies
Previous and Next licensed child-placing agencies.
new text end

new text begin (b) The commissioner of human services may specify the priority of an activity Previous and Next
service based on its success in furthering these goals. The commissioner of human services
shall give preference to programs Previous and Next service providers that are located in or serve counties
with the highest rates of Previous child Next Previous welfare Next Previous disproportionality Next Previous and Next employ staff who represent
the population primarily served.
new text end

new text begin Subd. 3. new text end

new text begin Ineligible services. new text end

new text begin Grant money may not be used for the following purposes:
new text end

new text begin (1) Previous child Next day care necessary solely because of employment or training for employment
of a parent or other relative with whom the Previous child Next is living;
new text end

new text begin (2) foster care maintenance or difficulty of care payments;
new text end

new text begin (3) residential facility payments;
new text end

new text begin (4) adoption assistance payments;
new text end

new text begin (5) public assistance payments for Minnesota Previous family Next investment program assistance,
supplemental aid, medical assistance, general assistance, general assistance medical care,
or community health services; or
new text end

new text begin (6) administrative costs for income maintenance staff.
new text end

new text begin Subd. 4. new text end

new text begin Requests for proposals. new text end

new text begin The commissioner of human services shall request
proposals for grants under subdivisions 1, 2, Previous and Next 3, Previous and Next specify the information Previous and Next criteria
required.
new text end

Sec. 12.

Minnesota Statutes 2020, 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 may file a petition for the reestablishment of the legal
parent Previous and Next Previous child Next 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 deleted text begin pursuant to chapter 563 deleted text end new text begin in cases of indigency new text end . A petition for the
reestablishment of the legal parent Previous and Next Previous child Next relationship may be filed when:

(1) deleted text begin in cases where the county attorney is the petitioning party, deleted text end both the responsible social
services agency Previous and Next the county attorney agree that reestablishment of the legal parent Previous and Next
Previous child Next relationship is in the Previous child Next 's best interests new text begin . This clause must be satisfied only when the
county attorney is the petitioning party new text end ;

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

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

deleted text begin (4) the Previous child Next has been in foster care for at least 48 months after the court issued the order
terminating parental rights;
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end the Previous child Next has not been adopted; Previous and Next

deleted text begin (6) deleted text end new text begin (5) new text end the Previous child Next is not the subject of a written adoption placement agreement between
the responsible social services agency Previous and Next the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2.

Sec. 13. new text begin Previous AFRICAN Next Previous AMERICAN Next CULTURAL COMPETENCY TRAINING FOR
INDIVIDUALS WORKING WITH Previous AFRICAN Next Previous AMERICAN Next FAMILIES Previous AND Next
CHILDREN IN THE Previous CHILD Next PROTECTION SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The commissioner of human services shall ensure that
Previous African Next Previous American Next cultural competency training is given to individuals working in the Previous child Next
protection system, including Previous child Next Previous welfare Next workers, supervisors, attorneys, juvenile court
judges, Previous and Next Previous family Next law judges.
new text end

new text begin Subd. 2. new text end

new text begin Training. new text end

new text begin (a) The commissioner Previous and Next a representative from the Previous African Next Previous American Next
community shall work together to develop the training content Previous and Next frequency, Previous and Next to hire
the Previous African Next Previous American Next individual or individuals who will provide the training.
new text end

new text begin (b) The training:
new text end

new text begin (1) is required prior to working with the Previous African Next Previous American Next population Previous and Next must be
provided in a manner that is easily accessible, comprehensive, Previous and Next includes the option to
ask questions;
new text end

new text begin (2) must be provided by an Previous African Next Previous American Next individual who is knowledgeable about
Previous African Next Previous American Next social Previous and Next cultural norms Previous and Next historical trauma;
new text end

new text begin (3) must raise awareness Previous and Next increase the competency to value diversity, conduct
self-assessment, manage the dynamics of difference, acquire cultural knowledge, Previous and Next adapt
to diversity Previous and Next cultural contexts of communities served;
new text end

new text begin (4) must include instruction on effectively developing a safety plan Previous and Next instruction on
engaging a safety network;
new text end

new text begin (5) must be accessible Previous and Next may be provided in a series of segments, either in person or
online; Previous and Next
new text end

new text begin (6) must be available by January 1, 2022.
new text end

new text begin Subd. 3. new text end

new text begin Update. new text end

new text begin The commissioner, in coordination with the Previous African Next Previous American Next Previous Child Next
Previous Welfare Next Oversight Council, shall update the legislative committee with jurisdiction over
Previous child Next protection issues by January 1, 2022, on the rollout of the training under subdivision
1 Previous and Next the content Previous and Next accessibility of the training under subdivision 2.
new text end

Sec. 14. new text begin DISAGGREGATE DATA.
new text end

new text begin The commissioner of human services shall work with representatives of the Previous African Next
Previous American Next community Previous and Next other disproportionately represented communities to establish a
method to disaggregate data related to disproportionately represented families, Previous and Next begin
disaggregating data by January 1, 2022.
new text end

Sec. 15. new text begin INCREASED VISITATION FOR Previous AFRICAN Next Previous AMERICAN Next Previous AND Next OTHER
DISPROPORTIONATELY REPRESENTED CHILDREN IN OUT-OF-HOME
PLACEMENT.
new text end

new text begin The local social services agency shall engage in best practices related to visitation when
an Previous African Next Previous American Next Previous child Next is in out-of-home placement. When the Previous child Next is in out-of-home
placement, the local social services agency shall make active efforts to facilitate regular Previous and Next
frequent visitation between the Previous child Next Previous and Next the Previous child Next 's parents or guardians. If visitation is
infrequent between the Previous child Next Previous and Next the Previous child Next 's parents, the local social services agency shall
make active efforts to increase the frequency of visitation.
new text end

Sec. 16. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund to the commissioner of
human services for the administration of the Minnesota Previous African Next Previous American Next Previous Family Next
Previous Preservation Next Previous and Next Previous Child Next Previous Welfare Next Previous Disproportionality Next Previous Act Next under Minnesota Statutes, sections
260.61 to 260.695. This is an ongoing appropriation Previous and shall be added to the base.
new text end