Engrossments
Introduction		Posted on 02/19/2007
1st Engrossment		Posted on 03/20/2007

ARTICLE 1

CHILD PLACEMENT AND WELFARE

Section 1.

Minnesota Statutes 2006, section 256.01, subdivision 2, is amended to read:

Subd. 2.

Specific powers.

Subject to the provisions of section 241.021, subdivision
2, the commissioner of human services shall carry out the specific duties in paragraphs (a)
through (cc):

(a) Administer and supervise all forms of public assistance provided for by state law
and other welfare activities or services as are vested in the commissioner. Administration
and supervision of human services activities or services includes, but is not limited to,
assuring timely and accurate distribution of benefits, completeness of service, and quality
program management. In addition to administering and supervising human services
activities vested by law in the department, the commissioner shall have the authority to:

(1) require county agency participation in training and technical assistance programs
to promote compliance with statutes, rules, federal laws, regulations, and policies
governing human services;

(2) monitor, on an ongoing basis, the performance of county agencies in the
operation and administration of human services, enforce compliance with statutes, rules,
federal laws, regulations, and policies governing welfare services and promote excellence
of administration and program operation;

(3) develop a quality control program or other monitoring program to review county
performance and accuracy of benefit determinations;

(4) require county agencies to make an adjustment to the public assistance benefits
issued to any individual consistent with federal law and regulation and state law and rule
and to issue or recover benefits as appropriate;

(5) delay or deny payment of all or part of the state and federal share of benefits and
administrative reimbursement according to the procedures set forth in section 256.017;

(6) make contracts with and grants to public and private agencies and organizations,
both profit and nonprofit, and individuals, using appropriated funds; and

(7) enter into contractual agreements with federally recognized Indian tribes with
a reservation in Minnesota to the extent necessary for the tribe to operate a federally
approved family assistance program or any other program under the supervision of the
commissioner. The commissioner shall consult with the affected county or counties in
the contractual agreement negotiations, if the county or counties wish to be included,
in order to avoid the duplication of county and tribal assistance program services. The
commissioner may establish necessary accounts for the purposes of receiving and
disbursing funds as necessary for the operation of the programs.

(b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
regulation, and policy necessary to county agency administration of the programs.

(c) Administer and supervise all child welfare activities; promote the enforcement of
laws protecting disabled, dependent, neglected and delinquent children, and children born
to mothers who were not married to the children's fathers at the times of the conception
nor at the births of the children; license and supervise child-caring and child-placing
agencies and institutions; supervise the care of children in boarding and foster homes or
in private institutions; and generally perform all functions relating to the field of child
welfare now vested in the State Board of Control.

(d) Administer and supervise all noninstitutional service to disabled persons,
including those who are visually impaired, hearing impaired, or physically impaired
or otherwise disabled. The commissioner may provide and contract for the care and
treatment of qualified indigent children in facilities other than those located and available
at state hospitals when it is not feasible to provide the service in state hospitals.

(e) Assist and actively cooperate with other departments, agencies and institutions,
local, state, and federal, by performing services in conformity with the purposes of Laws
1939, chapter 431.

(f) Act as the agent of and cooperate with the federal government in matters of
mutual concern relative to and in conformity with the provisions of Laws 1939, chapter
431, including the administration of any federal funds granted to the state to aid in the
performance of any functions of the commissioner as specified in Laws 1939, chapter 431,
and including the promulgation of rules making uniformly available medical care benefits
to all recipients of public assistance, at such times as the federal government increases its
participation in assistance expenditures for medical care to recipients of public assistance,
the cost thereof to be borne in the same proportion as are grants of aid to said recipients.

(g) Establish and maintain any administrative units reasonably necessary for the
performance of administrative functions common to all divisions of the department.

(h) Act as designated guardian of both the estate and the person of all the wards of
the state of Minnesota, whether by operation of law or by an order of court, without any
further act or proceeding whatever, except as to persons committed as developmentally
disabled. For children under the guardianship of the commissioner new text begin or a tribe in Minnesota
recognized by the Secretary of the Interior new text end whose interests would be best served by
adoptive placement, the commissioner may contract with a licensed child-placing agency
or a Minnesota tribal social services agency to provide adoption services. A contract
with a licensed child-placing agency must be designed to supplement existing county
efforts and may not replace existing county programsnew text begin or tribal social servicesnew text end , unless the
replacement is agreed to by the county board and the appropriate exclusive bargaining
representativenew text begin , tribal governing body,new text end or the commissioner has evidence that child
placements of the county continue to be substantially below that of other counties. Funds
encumbered and obligated under an agreement for a specific child shall remain available
until the terms of the agreement are fulfilled or the agreement is terminated.

(i) Act as coordinating referral and informational center on requests for service for
newly arrived immigrants coming to Minnesota.

(j) The specific enumeration of powers and duties as hereinabove set forth shall in no
way be construed to be a limitation upon the general transfer of powers herein contained.

(k) Establish county, regional, or statewide schedules of maximum fees and charges
which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
nursing home care and medicine and medical supplies under all programs of medical
care provided by the state and for congregate living care under the income maintenance
programs.

(l) Have the authority to conduct and administer experimental projects to test
methods and procedures of administering assistance and services to recipients or potential
recipients of public welfare. To carry out such experimental projects, it is further provided
that the commissioner of human services is authorized to waive the enforcement of
existing specific statutory program requirements, rules, and standards in one or more
counties. The order establishing the waiver shall provide alternative methods and
procedures of administration, shall not be in conflict with the basic purposes, coverage, or
benefits provided by law, and in no event shall the duration of a project exceed four years.
It is further provided that no order establishing an experimental project as authorized by
the provisions of this section shall become effective until the following conditions have
been met:

(1) the secretary of health and human services of the United States has agreed, for
the same project, to waive state plan requirements relative to statewide uniformity; and

(2) a comprehensive plan, including estimated project costs, shall be approved by
the Legislative Advisory Commission and filed with the commissioner of administration.

(m) According to federal requirements, establish procedures to be followed by
local welfare boards in creating citizen advisory committees, including procedures for
selection of committee members.

(n) Allocate federal fiscal disallowances or sanctions which are based on quality
control error rates for the aid to families with dependent children program formerly
codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the
following manner:

(1) one-half of the total amount of the disallowance shall be borne by the county
boards responsible for administering the programs. For the medical assistance and the
AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be
shared by each county board in the same proportion as that county's expenditures for the
sanctioned program are to the total of all counties' expenditures for the AFDC program
formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the
food stamp program, sanctions shall be shared by each county board, with 50 percent of
the sanction being distributed to each county in the same proportion as that county's
administrative costs for food stamps are to the total of all food stamp administrative costs
for all counties, and 50 percent of the sanctions being distributed to each county in the
same proportion as that county's value of food stamp benefits issued are to the total of
all benefits issued for all counties. Each county shall pay its share of the disallowance
to the state of Minnesota. When a county fails to pay the amount due hereunder, the
commissioner may deduct the amount from reimbursement otherwise due the county, or
the attorney general, upon the request of the commissioner, may institute civil action
to recover the amount due; and

(2) notwithstanding the provisions of clause (1), if the disallowance results from
knowing noncompliance by one or more counties with a specific program instruction, and
that knowing noncompliance is a matter of official county board record, the commissioner
may require payment or recover from the county or counties, in the manner prescribed in
clause (1), an amount equal to the portion of the total disallowance which resulted from the
noncompliance, and may distribute the balance of the disallowance according to clause (1).

(o) Develop and implement special projects that maximize reimbursements and
result in the recovery of money to the state. For the purpose of recovering state money,
the commissioner may enter into contracts with third parties. Any recoveries that result
from projects or contracts entered into under this paragraph shall be deposited in the
state treasury and credited to a special account until the balance in the account reaches
$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
transferred and credited to the general fund. All money in the account is appropriated to
the commissioner for the purposes of this paragraph.

(p) Have the authority to make direct payments to facilities providing shelter
to women and their children according to section 256D.05, subdivision 3. Upon
the written request of a shelter facility that has been denied payments under section
256D.05, subdivision 3, the commissioner shall review all relevant evidence and make
a determination within 30 days of the request for review regarding issuance of direct
payments to the shelter facility. Failure to act within 30 days shall be considered a
determination not to issue direct payments.

(q) Have the authority to establish and enforce the following county reporting
requirements:

(1) the commissioner shall establish fiscal and statistical reporting requirements
necessary to account for the expenditure of funds allocated to counties for human
services programs. When establishing financial and statistical reporting requirements, the
commissioner shall evaluate all reports, in consultation with the counties, to determine if
the reports can be simplified or the number of reports can be reduced;

(2) the county board shall submit monthly or quarterly reports to the department
as required by the commissioner. Monthly reports are due no later than 15 working days
after the end of the month. Quarterly reports are due no later than 30 calendar days after
the end of the quarter, unless the commissioner determines that the deadline must be
shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines
or risking a loss of federal funding. Only reports that are complete, legible, and in the
required format shall be accepted by the commissioner;

(3) if the required reports are not received by the deadlines established in clause (2),
the commissioner may delay payments and withhold funds from the county board until
the next reporting period. When the report is needed to account for the use of federal
funds and the late report results in a reduction in federal funding, the commissioner shall
withhold from the county boards with late reports an amount equal to the reduction in
federal funding until full federal funding is received;

(4) a county board that submits reports that are late, illegible, incomplete, or not
in the required format for two out of three consecutive reporting periods is considered
noncompliant. When a county board is found to be noncompliant, the commissioner
shall notify the county board of the reason the county board is considered noncompliant
and request that the county board develop a corrective action plan stating how the
county board plans to correct the problem. The corrective action plan must be submitted
to the commissioner within 45 days after the date the county board received notice
of noncompliance;

(5) the final deadline for fiscal reports or amendments to fiscal reports is one year
after the date the report was originally due. If the commissioner does not receive a report
by the final deadline, the county board forfeits the funding associated with the report for
that reporting period and the county board must repay any funds associated with the
report received for that reporting period;

(6) the commissioner may not delay payments, withhold funds, or require repayment
under clause (3) or (5) if the county demonstrates that the commissioner failed to
provide appropriate forms, guidelines, and technical assistance to enable the county to
comply with the requirements. If the county board disagrees with an action taken by the
commissioner under clause (3) or (5), the county board may appeal the action according
to sections 14.57 to 14.69; and

(7) counties subject to withholding of funds under clause (3) or forfeiture or
repayment of funds under clause (5) shall not reduce or withhold benefits or services to
clients to cover costs incurred due to actions taken by the commissioner under clause
(3) or (5).

(r) Allocate federal fiscal disallowances or sanctions for audit exceptions when
federal fiscal disallowances or sanctions are based on a statewide random sample for
the foster care program under title IV-E of the Social Security Act, United States Code,
title 42, in direct proportion to each county's title IV-E foster care maintenance claim
for that period.

(s) Be responsible for ensuring the detection, prevention, investigation, and
resolution of fraudulent activities or behavior by applicants, recipients, and other
participants in the human services programs administered by the department.

(t) Require county agencies to identify overpayments, establish claims, and utilize
all available and cost-beneficial methodologies to collect and recover these overpayments
in the human services programs administered by the department.

(u) Have the authority to administer a drug rebate program for drugs purchased
pursuant to the prescription drug program established under section 256.955 after the
beneficiary's satisfaction of any deductible established in the program. The commissioner
shall require a rebate agreement from all manufacturers of covered drugs as defined in
section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on
or after July 1, 2002, must include rebates for individuals covered under the prescription
drug program who are under 65 years of age. For each drug, the amount of the rebate shall
be equal to the rebate as defined for purposes of the federal rebate program in United
States Code, title 42, section 1396r-8. The manufacturers must provide full payment
within 30 days of receipt of the state invoice for the rebate within the terms and conditions
used for the federal rebate program established pursuant to section 1927 of title XIX of
the Social Security Act. The manufacturers must provide the commissioner with any
information necessary to verify the rebate determined per drug. The rebate program shall
utilize the terms and conditions used for the federal rebate program established pursuant to
section 1927 of title XIX of the Social Security Act.

(v) Have the authority to administer the federal drug rebate program for drugs
purchased under the medical assistance program as allowed by section 1927 of title XIX
of the Social Security Act and according to the terms and conditions of section 1927.
Rebates shall be collected for all drugs that have been dispensed or administered in an
outpatient setting and that are from manufacturers who have signed a rebate agreement
with the United States Department of Health and Human Services.

(w) Have the authority to administer a supplemental drug rebate program for drugs
purchased under the medical assistance program. The commissioner may enter into
supplemental rebate contracts with pharmaceutical manufacturers and may require prior
authorization for drugs that are from manufacturers that have not signed a supplemental
rebate contract. Prior authorization of drugs shall be subject to the provisions of section
256B.0625, subdivision 13.

(x) Operate the department's communication systems account established in Laws
1993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
communication costs necessary for the operation of the programs the commissioner
supervises. A communications account may also be established for each regional
treatment center which operates communications systems. Each account must be used
to manage shared communication costs necessary for the operations of the programs the
commissioner supervises. The commissioner may distribute the costs of operating and
maintaining communication systems to participants in a manner that reflects actual usage.
Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and
other costs as determined by the commissioner. Nonprofit organizations and state, county,
and local government agencies involved in the operation of programs the commissioner
supervises may participate in the use of the department's communications technology and
share in the cost of operation. The commissioner may accept on behalf of the state any
gift, bequest, devise or personal property of any kind, or money tendered to the state for
any lawful purpose pertaining to the communication activities of the department. Any
money received for this purpose must be deposited in the department's communication
systems accounts. Money collected by the commissioner for the use of communication
systems must be deposited in the state communication systems account and is appropriated
to the commissioner for purposes of this section.

(y) Receive any federal matching money that is made available through the medical
assistance program for the consumer satisfaction survey. Any federal money received for
the survey is appropriated to the commissioner for this purpose. The commissioner may
expend the federal money received for the consumer satisfaction survey in either year of
the biennium.

(z) Designate community information and referral call centers and incorporate
cost reimbursement claims from the designated community information and referral
call centers into the federal cost reimbursement claiming processes of the department
according to federal law, rule, and regulations. Existing information and referral centers
provided by Greater Twin Cities United Way or existing call centers for which Greater
Twin Cities United Way has legal authority to represent, shall be included in these
designations upon review by the commissioner and assurance that these services are
accredited and in compliance with national standards. Any reimbursement is appropriated
to the commissioner and all designated information and referral centers shall receive
payments according to normal department schedules established by the commissioner
upon final approval of allocation methodologies from the United States Department of
Health and Human Services Division of Cost Allocation or other appropriate authorities.

(aa) Develop recommended standards for foster care homes that address the
components of specialized therapeutic services to be provided by foster care homes with
those services.

(bb) Authorize the method of payment to or from the department as part of the
human services programs administered by the department. This authorization includes the
receipt or disbursement of funds held by the department in a fiduciary capacity as part of
the human services programs administered by the department.

(cc) Have the authority to administer a drug rebate program for drugs purchased for
persons eligible for general assistance medical care under section 256D.03, subdivision 3.
For manufacturers that agree to participate in the general assistance medical care rebate
program, the commissioner shall enter into a rebate agreement for covered drugs as
defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the
rebate shall be equal to the rebate as defined for purposes of the federal rebate program in
United States Code, title 42, section 1396r-8. The manufacturers must provide payment
within the terms and conditions used for the federal rebate program established under
section 1927 of title XIX of the Social Security Act. The rebate program shall utilize
the terms and conditions used for the federal rebate program established under section
1927 of title XIX of the Social Security Act.

Effective January 1, 2006, drug coverage under general assistance medical care shall
be limited to those prescription drugs that:

(1) are covered under the medical assistance program as described in section
256B.0625, subdivisions 13 and 13d; and

(2) are provided by manufacturers that have fully executed general assistance
medical care rebate agreements with the commissioner and comply with such agreements.
Prescription drug coverage under general assistance medical care shall conform to
coverage under the medical assistance program according to section 256B.0625,
subdivisions 13 to 13g.

The rebate revenues collected under the drug rebate program are deposited in the
general fund.

Sec. 2.

Minnesota Statutes 2006, section 259.24, subdivision 3, is amended to read:

Subd. 3.

Child.

When the child to be adopted is over 14 years of age, the child's
written consent new text begin to adoption by a particular person is new text end also deleted text begin shall bedeleted text end necessary.new text begin A child
of any age who is under the guardianship of the commissioner and is legally available
for adoption may not refuse or waive the commissioner's agent's exhaustive efforts to
recruit, identify, and place the child in an adoptive home required under section 260C.317,
subdivision 3, paragraph (b), or sign a document relieving county social services agencies
of all recruitment efforts on the child's behalf.
new text end

Sec. 3.

Minnesota Statutes 2006, section 259.53, subdivision 1, is amended to read:

Subdivision 1.

Notice to commissioner; referral for postplacement assessment.

(a) Upon the filing of a petition for adoption of a child new text begin who is:
new text end

new text begin (1) under the guardianship of the commissioner or a licensed child-placing agency
according to section 260C.201, subdivision 11, or 260C.317;
new text end

new text begin (2) placed by the commissioner, commissioner's agent, or licensed child-placing
agency after a consent to adopt according to section 259.24 or under an agreement
conferring authority to place for adoption according to section 259.25; or
new text end

new text begin (3) placed by preadoptive custody order for a direct adoptive placement ordered
by the district court under section 259.47,
new text end

the court administrator shall immediately transmit a copy of the petition to the
commissioner of human services.

(b) The court shall immediately refer the petition to the agency specified below for
completion of a postplacement assessment and report as required by subdivision 2.

(1) If the child to be adopted has been committed to the guardianship of the
commissioner or an agency under section 260C.317 or an agency has been given authority
to place the child under section 259.25, the court shall refer the petition to that agency,
unless another agency is supervising the placement, in which case the court shall refer the
petition to the supervising agency.

(2) If the child to be adopted has been placed in the petitioner's home by a direct
adoptive placement, the court shall refer the petition to the agency supervising the
placement under section 259.47, subdivision 3, paragraph (a), clause (6).

(3) If the child is to be adopted by an individual who is related to the child as defined
by section 245A.02, subdivision 13, and in all other instances not described in clause (1)
or (2), the court shall refer the petition to the local social services agency of the county in
which the prospective adoptive parent lives.

Sec. 4.

Minnesota Statutes 2006, section 259.57, subdivision 1, is amended to read:

Subdivision 1.

Findings; orders.

Upon the hearing,

(a) if the court finds that it is in the best interests of the child that the petition
be granted, a decree of adoption shall be made and recorded in the office of the court
administrator, ordering that henceforth the child shall be the child of the petitioner. In the
decree the court may change the name of the child if desired. After the decree is grantednew text begin
for a child who is:new text end

new text begin (1) under the guardianship of the commissioner or a licensed child-placing agency
according to section 260C.201, subdivision 11, or 260C.317;
new text end

new text begin (3) adopted after a direct adoptive placement ordered by the district court under
section 259.47,
new text end

the court administrator shall immediately mail a copy of the recorded decree to the
commissioner of human services;

(b) if the court is not satisfied that the proposed adoption is in the best interests
of the child, the court shall deny the petition, and shall order the child returned to the
custody of the person or agency legally vested with permanent custody or certify the
case for appropriate action and disposition to the court having jurisdiction to determine
the custody and guardianship of the child.

Sec. 5.

Minnesota Statutes 2006, section 259.67, subdivision 7, is amended to read:

Subd. 7.

Reimbursement of costs.

(a) Subject to rules of the commissioner, and
the provisions of this subdivision a child-placing agency licensed in Minnesota or any
other state, or local or tribal social services agency shall receive a reimbursement from the
commissioner equal to 100 percent of the reasonable and appropriate cost of providing
adoption services deleted text begin for a child certified as eligible for adoption assistance under subdivision
4. Such assistancedeleted text end new text begin . Adoption services under this subdivisionnew text end may include adoptive family
recruitment, counseling, and special training when needed.

(b) new text begin An eligible child must have a goal of adoption, which may include an adoption
in accordance with tribal law, and meet one of the following criteria:
new text end

new text begin (1) is a ward of the commissioner of human services or a ward of tribal court
pursuant to section 260.755, subdivision 12, who meets one of the criteria in subdivision
4, paragraph (b), clause (1), (2), or (3); or
new text end

new text begin (2) is under the guardianship of a Minnesota-licensed child-placing agency who
meets one of the criteria in subdivision 4, paragraph (b), clause (1) or (2).
new text end

new text begin (c)new text end A child-placing agency licensed in Minnesota or any other state shall receive
reimbursement for adoption services it purchases for or directly provides to an eligible
child. new text begin Tribal social services shall receive reimbursement for adoption services it purchases
for or directly provides to an eligible child. new text end A local deleted text begin or tribaldeleted text end social services agency shall
receive deleted text begin suchdeleted text end reimbursement only for adoption services it purchases for an eligible child.

deleted text begin A child-placing agency licensed in Minnesota or any other state or local or tribal
social services agency seeking reimbursement under this subdivision shall enter into
deleted text end new text begin Before providing adoption services for which reimbursement will be sought under this
subdivision, new text end a reimbursement agreementnew text begin , on the designated format, must be entered into
new text end with the commissioner deleted text begin before providing adoption services for which reimbursement
is soughtdeleted text end . No reimbursement under this subdivision shall be made to an agency for
services provided prior to entering a reimbursement agreement. Separate reimbursement
agreements shall be made for each child and separate records shall be kept on each child
for whom a reimbursement agreement is made. new text begin The commissioner of human services shall
agree that the reimbursement costs are reasonable and appropriate. The commissioner
may spend up to $16,000 for each purchase of service agreement. Only one agreement per
child is allowed, unless an exception is granted by the commissioner. new text end Funds encumbered
and obligated under such an agreement for the child remain available until the terms of
the agreement are fulfilled or the agreement is terminated.

deleted text begin (c) When a local or tribal social services agency uses a purchase of service agreement
to provide services reimbursable under a reimbursement agreement,deleted text end The commissioner
deleted text begin maydeleted text end new text begin shallnew text end make reimbursement payments directly to the agency providing the service if
direct reimbursement is specified by the purchase of service agreement, and if the request
for reimbursement is submitted by the local or tribal social services agency along with a
verification that the service was provided.

Sec. 6.

Minnesota Statutes 2006, section 259.75, subdivision 8, is amended to read:

Subd. 8.

Reasons for deferral.

Deferral of the listing of a child with the state
adoption exchange shall be only for one or more of the following reasons:

(a) the child is in an adoptive placement but is not legally adopted;

(b) the child's foster parents or other individuals are now considering adoption;

(c) diagnostic study or testing is required to clarify the child's problem and provide
an adequate description;new text begin or
new text end

(d) the child is currently in a hospital and continuing need for daily professional care
will not permit placement in a family settingdeleted text begin ; ordeleted text end new text begin .
new text end

deleted text begin (e) the child is 14 years of age or older and will not consent to an adoption plan.
deleted text end

Approval of a request to defer listing for any of the reasons specified in paragraph (b) or
(c) shall be valid for a period not to exceed 90 days, with no subsequent deferrals for
those reasons.

Sec. 7.

Minnesota Statutes 2006, section 260.012, is amended to read:

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

(a) Once a child alleged to be in need of protection or services is under the court's
jurisdiction, the court shall ensure that reasonable efforts, including culturally appropriate
services, by the social services agency are made to prevent placement or to eliminate the
need for removal and to reunite the child with the child's family at the earliest possible
time, and when a child cannot be reunified with the parent or guardian from whom the
child was removed, the court must ensure that the responsible social services agency
makes reasonable efforts to finalize an alternative permanent plan for the child as provided
in paragraph (e). In determining reasonable efforts to be made with respect to a child and
in making those reasonable efforts, the child's best interests, health, and safety must be of
paramount concern. Reasonable efforts to prevent placement and for rehabilitation and
reunification are always required except upon a determination by the court that a petition
has been filed stating a prima facie case that:

(1) the parent has subjected a child to egregious harm as defined in section
260C.007, subdivision 14;

(2) the parental rights of the parent to another child have been terminated
involuntarily;

(3) the child is an abandoned infant under section 260C.301, subdivision 2,
paragraph (a), clause (2);

(4) the parent's custodial rights to another child have been involuntarily transferred
to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar
law of another jurisdiction; or

(5) the provision of services or further services for the purpose of reunification is
futile and therefore unreasonable under the circumstances.

(b) When the court makes one of the prima facie determinations under paragraph (a),
either permanency pleadings under section 260C.201, subdivision 11, or a termination
of parental rights petition under sections 260C.141 and 260C.301 must be filed. A
permanency hearing under section 260C.201, subdivision 11, must be held within 30
days of this determination.

(c) In the case of an Indian child, in proceedings under sections 260B.178 or
260C.178, 260C.201, and 260C.301 the juvenile court must make findings and conclusions
consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section
1901 et seq., as to the provision of active efforts. In cases governed by the Indian Child
Welfare Act of 1978, United States Code, title 25, section 1901, the responsible social
services agency must provide active efforts as required under United States Code, title
25, section 1911(d).

(d) "Reasonable efforts to prevent placement" means:

(1) the agency has made reasonable efforts to prevent the placement of the child in
foster care; or

(2) given the particular circumstances of the child and family at the time of the
child's removal, there are no services or efforts available which could allow the child to
safely remain in the home.

(e) "Reasonable efforts to finalize a permanent plan for the child" means due
diligence by the responsible social services agency to:

(1) reunify the child with the parent or guardian from whom the child was removed;

(2) assess a noncustodial parent's ability to provide day-to-day care for the child and,
where appropriate, provide services necessary to enable the noncustodial parent to safely
provide the care, as required by section 260C.212, subdivision 4;

(3) conduct a relative search as required under section 260C.212, subdivision 5; and

(4) when the child cannot return to the parent or guardian from whom the child was
removed, to plan for and finalize a safe and legally permanent alternative home for the
child, new text begin and considers permanent alternative homes for the child inside or outside of the
state, new text end preferably through adoption or transfer of permanent legal and physical custody of
the child.

(f) Reasonable efforts are made upon the exercise of due diligence by the responsible
social services agency to use culturally appropriate and available services to meet the
needs of the child and the child's family. Services may include those provided by the
responsible social services agency and other culturally appropriate services available in
the community. At each stage of the proceedings where the court is required to review
the appropriateness of the responsible social services agency's reasonable efforts as
described in paragraphs (a), (d), and (e), the social services agency has the burden of
demonstrating that:

(1) it has made reasonable efforts to prevent placement of the child in foster care;

(2) it has made reasonable efforts to eliminate the need for removal of the child from
the child's home and to reunify the child with the child's family at the earliest possible time;

(3) it has made reasonable efforts to finalize an alternative permanent home for
the childnew text begin , and considers permanent alternative homes for the child inside or outside of
the statenew text end ; or

(4) reasonable efforts to prevent placement and to reunify the child with the parent
or guardian are not required. The agency may meet this burden by stating facts in a sworn
petition filed under section 260C.141, by filing an affidavit summarizing the agency's
reasonable efforts or facts the agency believes demonstrate there is no need for reasonable
efforts to reunify the parent and child, or through testimony or a certified report required
under juvenile court rules.

(g) Once the court determines that reasonable efforts for reunification are not
required because the court has made one of the prima facie determinations under paragraph
(a), the court may only require reasonable efforts for reunification after a hearing according
to section 260C.163, where the court finds there is not clear and convincing evidence of
the facts upon which the court based its prima facie determination. In this case when there
is clear and convincing evidence that the child is in need of protection or services, the
court may find the child in need of protection or services and order any of the dispositions
available under section 260C.201, subdivision 1. Reunification of a surviving child with a
parent is not required if the parent has been convicted of:

(1) a violation of, or an attempt or conspiracy to commit a violation of, sections
609.185 to 609.20; 609.222, subdivision 2; or 609.223 in regard to another child of the
parent;

(2) a violation of section 609.222, subdivision 2; or 609.223, in regard to the
surviving child; or

(3) a violation of, or an attempt or conspiracy to commit a violation of, United States
Code, title 18, section 1111(a) or 1112(a), in regard to another child of the parent.

(h) The juvenile court, in proceedings under sections 260B.178 or 260C.178,
260C.201, and 260C.301 shall make findings and conclusions as to the provision of
reasonable efforts. When determining whether reasonable efforts have been made, the
court shall consider whether services to the child and family were:

(1) relevant to the safety and protection of the child;

(2) adequate to meet the needs of the child and family;

(3) culturally appropriate;

(4) available and accessible;

(5) consistent and timely; and

(6) realistic under the circumstances.

In the alternative, the court may determine that provision of services or further
services for the purpose of rehabilitation is futile and therefore unreasonable under the
circumstances or that reasonable efforts are not required as provided in paragraph (a).

(i) This section does not prevent out-of-home placement for treatment of a child with
a mental disability when the child's diagnostic assessment or individual treatment plan
indicates that appropriate and necessary treatment cannot be effectively provided outside
of a residential or inpatient treatment program.

(j) If continuation of reasonable efforts to prevent placement or reunify the child
with the parent or guardian from whom the child was removed is determined by the court
to be inconsistent with the permanent plan for the child or upon the court making one of
the prima facie determinations under paragraph (a), reasonable efforts must be made to
place the child in a timely manner in a safe and permanent home and to complete whatever
steps are necessary to legally finalize the permanent placement of the child.

(k) Reasonable efforts to place a child for adoption or in another permanent
placement may be made concurrently with reasonable efforts to prevent placement or to
reunify the child with the parent or guardian from whom the child was removed. When
the responsible social services agency decides to concurrently make reasonable efforts for
both reunification and permanent placement away from the parent under paragraph (a), the
agency shall disclose its decision and both plans for concurrent reasonable efforts to all
parties and the court. When the agency discloses its decision to proceed on both plans for
reunification and permanent placement away from the parent, the court's review of the
agency's reasonable efforts shall include the agency's efforts under both plans.

Sec. 8.

Minnesota Statutes 2006, section 260.755, subdivision 12, is amended to read:

Subd. 12.

Indian tribe.

"Indian tribe" means an Indian tribe, band, nation, or
other organized group or community of Indians recognized as eligible for the services
provided to Indians by the secretary because of their status as Indians, including any deleted text begin banddeleted text end new text begin
Native groupnew text end under the Alaska Native Claims Settlement Act, United States Code, title 43,
section 1602deleted text begin , and exercising tribal governmental powersdeleted text end .

Sec. 9.

Minnesota Statutes 2006, section 260.755, subdivision 20, is amended to read:

Subd. 20.

Tribal court.

"Tribal court" means a court with deleted text begin federally recognizeddeleted text end
jurisdiction over child custody proceedings new text begin and new text end which is either a court of Indian offenses,
or a court established and operated under the code or custom of an Indian tribe, or deleted text begin thedeleted text end new text begin
any othernew text end administrative body of a tribe which is vested with authority over child custody
proceedings. Except as provided in section 260.771, subdivision 5, nothing in this chapter
shall be construed as conferring jurisdiction on an Indian tribe.

Sec. 10.

Minnesota Statutes 2006, section 260.761, subdivision 7, is amended to read:

Subd. 7.

Identification of extended family members.

Any agency considering
placement of an Indian child shall make deleted text begin reasonabledeleted text end new text begin activenew text end efforts to identify and locate
extended family members.

Sec. 11.

Minnesota Statutes 2006, section 260.765, subdivision 5, is amended to read:

Subd. 5.

Identification of extended family members.

Any agency considering
placement of an Indian child shall make deleted text begin reasonabledeleted text end new text begin activenew text end efforts to identify and locate
extended family members.

Sec. 12.

Minnesota Statutes 2006, section 260.771, subdivision 1, is amended to read:

Subdivision 1.

Indian tribe jurisdiction.

An Indian tribe with a tribal court has
exclusive jurisdiction over a child placement proceeding involving an Indian child who
resides new text begin or is domiciled new text end within the reservation of deleted text begin suchdeleted text end new text begin thenew text end tribe deleted text begin at the commencement of
the proceedingsdeleted text end new text begin , except where jurisdiction is otherwise vested in the state by existing
federal lawnew text end . When an Indian child is deleted text begin in the legal custody of a person or agency pursuant
to an order ofdeleted text end a new text begin ward of the new text end tribal court, the Indian tribe retains exclusive jurisdiction,
notwithstanding the residence or domicile of the child.

Sec. 13.

Minnesota Statutes 2006, section 260.771, subdivision 2, is amended to read:

Subd. 2.

Court determination of tribal affiliation of child.

In any child placement
proceeding, the court shall establish whether an Indian child is involved and the identity
of the Indian child's tribe.new text begin This chapter and the federal Indian Child Welfare Act are
applicable without exception in any child custody proceeding, as defined in the federal act,
involving an Indian child. This chapter applies to child custody proceedings involving
an Indian child whether the child is in the physical or legal custody of an Indian parent,
Indian custodian, Indian extended family member, or other person at the commencement
of the proceedings. A court shall not determine the applicability of this chapter or the
federal Indian Child Welfare Act to a child custody proceeding based upon whether an
Indian child is part of an existing Indian family or based upon the level of contact a child
has with the child's Indian tribe, reservation, society, or off-reservation community.
new text end

Sec. 14.

new text begin [260.852] PLACEMENT PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Home study. new text end

new text begin The state must have procedures for the orderly and
timely interstate placement of children that are implemented in accordance with an
interstate compact and that, within 60 days after the state receives from another state a
request to conduct a study of a home environment for purposes of assessing the safety
and suitability of placing a child in the home, the state shall, directly or by contract,
conduct and complete a home study and return to the other state a report on the results of
the study, which shall address the extent to which placement in the home would meet the
needs of the child; except in the case of a home study begun before October 1, 2008, if the
state fails to comply with conducting and completing the home study within the 60-day
period and this is as a result of circumstances beyond the control of the state, the state has
75 days to comply if the state documents the circumstances involved and certifies that
completing the home study is in the best interests of the child.
new text end

new text begin This subdivision does not require the completion within the applicable period of
the parts of the home study involving the education and training of the prospective foster
or adoptive parents.
new text end

new text begin Subd. 2. new text end

new text begin Effect of received report. new text end

new text begin The state shall treat any report described in
subdivision 1 that is received from another state, an Indian tribe, or a private agency
under contract with another state or Indian tribe as meeting any requirements imposed by
the state for the completion of a home study before placing a child in the home, unless,
within 14 days after receipt of the report, the state determines, based on grounds that
are specific to the content of the report, that making a decision in reliance on the report
would be contrary to the welfare of the child.
new text end

new text begin Subd. 3. new text end

new text begin Resources. new text end

new text begin The state shall make effective use of cross-jurisdictional
resources including through contract for the purchase of services and shall eliminate legal
barriers to facilitate timely adoptive or permanent placements for waiting children. The
state shall not impose any restriction on the use of private agencies for the purpose of
conducting a home study to meet the 60-day requirement.
new text end

new text begin Subd. 4. new text end

new text begin Incentive eligibility. new text end

new text begin Minnesota is an incentive-eligible state and must:
new text end

new text begin (1) have an approved plan as required by the United States Secretary of Health
and Human Services;
new text end

new text begin (2) be in compliance with the data requirements of the United States Department of
Health and Human Services; and
new text end

new text begin (3) have data that verify that a home study is completed within 30 days.
new text end

new text begin Subd. 5. new text end

new text begin Data requirements. new text end

new text begin The state shall provide to the United States Secretary
of Health and Human Services a written report, covering the preceding fiscal year, that
specifies:
new text end

new text begin (1) the total number of interstate home studies requested by the state with respect to
children in foster care under the responsibility of the state, and with respect to each such
study, the identity of the other state involved;
new text end

new text begin (2) the total number of timely interstate home studies completed by the state with
respect to children in foster care under the responsibility of other states and, with respect
to each such study, the identity of the other state involved; and
new text end

new text begin (3) other information the United States Secretary of Health and Human Services
requires in order to determine whether Minnesota is a home study incentive-eligible state.
new text end

new text begin Subd. 6. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Home study" means an evaluation of a home environment conducted in
accordance with applicable requirements of the state in which the home is located, to
determine whether a proposed placement of a child would meet the individual needs of the
child, including the child's safety, permanency, health, well-being, and mental, emotional,
and physical development.
new text end

new text begin (c) "Interstate home study" means a home study conducted by a state at the request
of another state to facilitate an adoptive or foster placement in the state of a child in foster
care under the responsibility of the state.
new text end

new text begin (d) "Timely interstate home study" means an interstate home study completed by a
state if the state provides to the state that requested the study, within 30 days after receipt
of the request, a report on the results of the study, except that there is no requirement
for completion within the 30-day period of the parts of the home study involving the
education and training of the prospective foster or adoptive parents.
new text end

new text begin Subd. 7. new text end

new text begin Background study requirements for adoption and foster care. new text end

new text begin (a)
Background study requirements for an adoption home study must be completed consistent
with section 259.41, subdivisions 1, 2, and 3.
new text end

new text begin (b) Background study requirements for a foster care license must be completed
consistent with section 245C.08.
new text end

new text begin Subd. 8. new text end

new text begin Home visits. new text end

new text begin If a child has been placed in foster care outside the state in
which the home of the parents of the child is located, periodically, but at least every six
months, a caseworker on the staff of the agency of the state in which the home of the
parents of the child is located or the state in which the child has been placed, or a private
agency under contract with either state, must visit the child in the home or institution and
submit a report on each visit to the agency of the state in which the home of the parents of
the child is located.
new text end

Sec. 15.

Minnesota Statutes 2006, section 260C.152, subdivision 5, is amended to read:

Subd. 5.

Notice to foster parents and preadoptive parents and relatives.

The
foster parents, if any, of a child and any preadoptive parent or relative providing care
for the child must be provided notice of and deleted text begin an opportunitydeleted text end new text begin a rightnew text end to be heard in any
review or hearing to be held with respect to the child. Any other relative may also request,
and must be granted, a notice and the opportunity to be heard under this section. This
subdivision does not require that a foster parent, preadoptive parent, or relative providing
care for the child be made a party to a review or hearing solely on the basis of the notice
and deleted text begin opportunitydeleted text end new text begin rightnew text end to be heard.

Sec. 16.

Minnesota Statutes 2006, section 260C.163, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) Except for hearings arising under section 260C.425,
hearings on any matter shall be without a jury and may be conducted in an informal
manner. In all adjudicatory proceedings involving a child alleged to be in need of
protection or services, the court shall admit only evidence that would be admissible in a
civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of
protection or services must be proved by clear and convincing evidence.

(b) Except for proceedings involving a child alleged to be in need of protection or
services and petitions for the termination of parental rights, hearings may be continued or
adjourned from time to time. In proceedings involving a child alleged to be in need of
protection or services and petitions for the termination of parental rights, hearings may not
be continued or adjourned for more than one week unless the court makes specific findings
that the continuance or adjournment is in the best interests of the child. If a hearing is held
on a petition involving physical or sexual abuse of a child who is alleged to be in need of
protection or services or neglected and in foster care, the court shall file the decision with
the court administrator as soon as possible but no later than 15 days after the matter is
submitted to the court. When a continuance or adjournment is ordered in any proceeding,
the court may make any interim orders as it deems in the best interests of the minor in
accordance with the provisions of sections 260C.001 to 260C.421.

(c) Except as otherwise provided in this paragraph, the court shall exclude the
general public from hearings under this chapter and shall admit only those persons who, in
the discretion of the court, have a direct interest in the case or in the work of the court.

(d) Adoption hearings shall be conducted in accordance with the provisions of
laws relating to adoptions.

new text begin (e) In any permanency hearing, including the transition of a child from foster care
to independent living, the court shall ensure that any consult with the child is in an
age-appropriate manner.
new text end

Sec. 17.

Minnesota Statutes 2006, section 260C.201, subdivision 11, is amended to
read:

Subd. 11.

Review of court-ordered placements; permanent placement
determination.

(a) This subdivision and subdivision 11a do not apply in cases where
the child is in placement due solely to the child's developmental disability or emotional
disturbance, where legal custody has not been transferred to the responsible social services
agency, and where the court finds compelling reasons under section 260C.007, subdivision
8, to continue the child in foster care past the time periods specified in this subdivision.
Foster care placements of children due solely to their disability are governed by section
260C.141, subdivision 2a. In all other cases where the child is in foster care or in the care
of a noncustodial parent under subdivision 1, the court shall commence proceedings
to determine the permanent status of a child not later than 12 months after the child is
placed in foster care or in the care of a noncustodial parent. At the admit-deny hearing
commencing such proceedings, the court shall determine whether there is a prima facie
basis for finding that the agency made reasonable efforts, or in the case of an Indian
child active efforts, required under section 260.012 and proceed according to the rules of
juvenile court.

For purposes of this subdivision, the date of the child's placement in foster care is
the earlier of the first court-ordered placement or 60 days after the date on which the
child has been voluntarily placed in foster care by the child's parent or guardian. For
purposes of this subdivision, time spent by a child under the protective supervision of
the responsible social services agency in the home of a noncustodial parent pursuant to
an order under subdivision 1 counts towards the requirement of a permanency hearing
under this subdivision or subdivision 11a. Time spent on a trial home visit deleted text begin does not countdeleted text end
new text begin counts new text end towards the requirement of a permanency hearing under this subdivision deleted text begin ordeleted text end new text begin and a
permanency review for a child under eight years of age under new text end subdivision 11a.

For purposes of this subdivision, 12 months is calculated as follows:

(1) during the pendency of a petition alleging that a child is in need of protection
or services, all time periods when a child is placed in foster care or in the home of a
noncustodial parent are cumulated;

(2) if a child has been placed in foster care within the previous five years under one
or more previous petitions, the lengths of all prior time periods when the child was placed
in foster care within the previous five years are cumulated. If a child under this clause
has been in foster care for 12 months or more, the court, if it is in the best interests of the
child and for compelling reasons, may extend the total time the child may continue out
of the home under the current petition up to an additional six months before making a
permanency determination.

(b) Unless the responsible social services agency recommends return of the child
to the custodial parent or parents, not later than 30 days prior to the admit-deny hearing
required under paragraph (a) and the rules of juvenile court, the responsible social services
agency shall file pleadings in juvenile court to establish the basis for the juvenile court to
order permanent placement of the child, including a termination of parental rights petition,
according to paragraph (d). Notice of the hearing and copies of the pleadings must be
provided pursuant to section 260C.152.

(c) The permanency proceedings shall be conducted in a timely fashion including
that any trial required under section 260C.163 shall be commenced within 60 days of the
admit-deny hearing required under paragraph (a). At the conclusion of the permanency
proceedings, the court shall:

(1) order the child returned to the care of the parent or guardian from whom the
child was removed; or

(2) order a permanent placement or termination of parental rights if permanent
placement or termination of parental rights is in the child's best interests. The "best
interests of the child" means all relevant factors to be considered and evaluated. Transfer
of permanent legal and physical custody, termination of parental rights, or guardianship
and legal custody to the commissioner through a consent to adopt are preferred
permanency options for a child who cannot return home.

(d) If the child is not returned to the home, the court must order one of the following
dispositions:

(1) permanent legal and physical custody to a relative in the best interests of the
child according to the following conditions:

(i) an order for transfer of permanent legal and physical custody to a relative shall
only be made after the court has reviewed the suitability of the prospective legal and
physical custodian;

(ii) in transferring permanent legal and physical custody to a relative, the juvenile
court shall follow the standards applicable under this chapter and chapter 260, and the
procedures set out in the juvenile court rules;

(iii) an order establishing permanent legal and physical custody under this
subdivision must be filed with the family court;

(iv) a transfer of legal and physical custody includes responsibility for the protection,
education, care, and control of the child and decision making on behalf of the child;

(v) the social services agency may bring a petition or motion naming a fit and
willing relative as a proposed permanent legal and physical custodian. The commissioner
of human services shall annually prepare for counties information that must be given to
proposed custodians about their legal rights and obligations as custodians together with
information on financial and medical benefits for which the child is eligible; and

(vi) the juvenile court may maintain jurisdiction over the responsible social services
agency, the parents or guardian of the child, the child, and the permanent legal and
physical custodian for purposes of ensuring appropriate services are delivered to the child
and permanent legal custodian or for the purpose of ensuring conditions ordered by the
court related to the care and custody of the child are met;

(2) termination of parental rights when the requirements of sections 260C.301 to
260C.328 are met or according to the following conditions:

(i) order the social services agency to file a petition for termination of parental
rights in which case all the requirements of sections 260C.301 to 260C.328 remain
applicable; and

(ii) an adoption completed subsequent to a determination under this subdivision may
include an agreement for communication or contact under section 259.58;

(3) long-term foster care according to the following conditions:

(i) the court may order a child into long-term foster care only if it approves the
responsible social service agency's compelling reasons that neither an award of permanent
legal and physical custody to a relative, nor termination of parental rights is in the child's
best interests;

(ii) further, the court may only order long-term foster care for the child under this
section if it finds the following:

(A) the child has reached age 12 and the responsible social services agency has made
reasonable efforts to locate and place the child with an adoptive family or with a fit and
willing relative who will agree to a transfer of permanent legal and physical custody of
the child, but such efforts have not proven successful; or

(B) the child is a sibling of a child described in subitem (A) and the siblings have
a significant positive relationship and are ordered into the same long-term foster care
home; and

(iii) at least annually, the responsible social services agency reconsiders its provision
of services to the child and the child's placement in long-term foster care to ensure that:

(A) long-term foster care continues to be the most appropriate legal arrangement
for meeting the child's need for permanency and stability, including whether there is
another permanent placement option under this chapter that would better serve the child's
needs and best interests;

(B) whenever possible, there is an identified long-term foster care family that is
committed to being the foster family for the child as long as the child is a minor or under
the jurisdiction of the court;

(C) the child is receiving appropriate services or assistance to maintain or build
connections with the child's family and community;

(D) the child's physical and mental health needs are being appropriately provided
for; and

(E) the child's educational needs are being met;

(4) foster care for a specified period of time according to the following conditions:

(i) foster care for a specified period of time may be ordered only if:

(A) the sole basis for an adjudication that the child is in need of protection or
services is the child's behavior;

(B) the court finds that foster care for a specified period of time is in the best
interests of the child; and

(C) the court approves the responsible social services agency's compelling reasons
that neither an award of permanent legal and physical custody to a relative, nor termination
of parental rights is in the child's best interests;

(ii) the order does not specify that the child continue in foster care for any period
exceeding one year; or

(5) guardianship and legal custody to the commissioner of human services under
the following procedures and conditions:

(i) there is an identified prospective adoptive home agreed to by the responsible
social services agency having legal custody of the child pursuant to court order under this
section that has agreed to adopt the child and the court accepts the parent's voluntary
consent to adopt under section 259.24, except that such consent executed by a parent under
this item, following proper notice that consent given under this provision is irrevocable
upon acceptance by the court, shall be irrevocable unless fraud is established and an order
issues permitting revocation as stated in item (vii);

(ii) if the court accepts a consent to adopt in lieu of ordering one of the other
enumerated permanency dispositions, the court must review the matter at least every 90
days. The review will address the reasonable efforts of the agency to achieve a finalized
adoption;

(iii) a consent to adopt under this clause vests all legal authority regarding the child,
including guardianship and legal custody of the child, with the commissioner of human
services as if the child were a state ward after termination of parental rights;

(iv) the court must forward a copy of the consent to adopt, together with a certified
copy of the order transferring guardianship and legal custody to the commissioner, to
the commissioner;

(v) if an adoption is not finalized by the identified prospective adoptive parent within
12 months of the execution of the consent to adopt under this clause, the commissioner of
human services or the commissioner's delegate shall pursue adoptive placement in another
home unless the commissioner certifies that the failure to finalize is not due to either an
action or a failure to act by the prospective adoptive parent;

(vi) notwithstanding item (v), the commissioner of human services or the
commissioner's designee must pursue adoptive placement in another home as soon as the
commissioner or commissioner's designee determines that finalization of the adoption with
the identified prospective adoptive parent is not possible, that the identified prospective
adoptive parent is not willing to adopt the child, that the identified prospective adoptive
parent is not cooperative in completing the steps necessary to finalize the adoption, or
upon the commissioner's determination to withhold consent to the adoption.

(vii) unless otherwise required by the Indian Child Welfare Act, United States Code,
title 25, section 1913, a consent to adopt executed under this section, following proper
notice that consent given under this provision is irrevocable upon acceptance by the court,
shall be irrevocable upon acceptance by the court except upon order permitting revocation
issued by the same court after written findings that consent was obtained by fraud.

(e) In ordering a permanent placement of a child, the court must be governed by the
best interests of the child, including a review of the relationship between the child and
relatives and the child and other important persons with whom the child has resided or
had significant contact.new text begin When the court has determined that permanent placement of the
child away from the parent is necessary, the court shall consider permanent alternative
homes that are available both inside and outside the state.
new text end

(f) Once a permanent placement determination has been made and permanent
placement has been established, further court reviews are necessary if:

(1) the placement is long-term foster care or foster care for a specified period of time;

(2) the court orders further hearings because it has retained jurisdiction of a transfer
of permanent legal and physical custody matter;

(3) an adoption has not yet been finalized; or

(4) there is a disruption of the permanent or long-term placement.

(g) Court reviews of an order for long-term foster care, whether under this section
or section 260C.317, subdivision 3, paragraph (d), must be conducted at least yearly and
must review the child's out-of-home placement plan and the reasonable efforts of the
agency to finalize the permanent plan for the child including the agency's efforts to:

(1) ensure that long-term foster care continues to be the most appropriate legal
arrangement for meeting the child's need for permanency and stability or, if not, to identify
and attempt to finalize another permanent placement option under this chapter that would
better serve the child's needs and best interests;

(2) identify a specific long-term foster home for the child, if one has not already
been identified;

(3) support continued placement of the child in the identified home, if one has been
identified;

(4) ensure appropriate services are provided to address the physical health, mental
health, and educational needs of the child during the period of long-term foster care and
also ensure appropriate services or assistance to maintain relationships with appropriate
family members and the child's community; and

(5) plan for the child's independence upon the child's leaving long-term foster care
living as required under section 260C.212, subdivision 1.

(h) In the event it is necessary for a child that has been ordered into foster care for a
specified period of time to be in foster care longer than one year after the permanency
hearing held under this section, not later than 12 months after the time the child was
ordered into foster care for a specified period of time, the matter must be returned to
court for a review of the appropriateness of continuing the child in foster care and of the
responsible social services agency's reasonable efforts to finalize a permanent plan for
the child; if it is in the child's best interests to continue the order for foster care for a
specified period of time past a total of 12 months, the court shall set objectives for the
child's continuation in foster care, specify any further amount of time the child may be in
foster care, and review the plan for the safe return of the child to the parent.

(i) An order permanently placing a child out of the home of the parent or guardian
must include the following detailed findings:

(1) how the child's best interests are served by the order;

(2) the nature and extent of the responsible social service agency's reasonable efforts,
or, in the case of an Indian child, active efforts to reunify the child with the parent or
guardian where reasonable efforts are required;

(3) the parent's or parents' efforts and ability to use services to correct the conditions
which led to the out-of-home placement; and

(4) that the conditions which led to the out-of-home placement have not been
corrected so that the child can safely return home.

(j) An order for permanent legal and physical custody of a child may be modified
under sections 518.18 and 518.185. The social services agency is a party to the proceeding
and must receive notice. A parent may only seek modification of an order for long-term
foster care upon motion and a showing by the parent of a substantial change in the parent's
circumstances such that the parent could provide appropriate care for the child and that
removal of the child from the child's permanent placement and the return to the parent's
care would be in the best interest of the child. The responsible social services agency may
ask the court to vacate an order for long-term foster care upon a prima facie showing
that there is a factual basis for the court to order another permanency option under this
chapter and that such an option is in the child's best interests. Upon a hearing where
the court determines that there is a factual basis for vacating the order for long-term
foster care and that another permanent order regarding the placement of the child is in
the child's best interests, the court may vacate the order for long-term foster care and
enter a different order for permanent placement that is in the child's best interests. The
court shall not require further reasonable efforts to reunify the child with the parent or
guardian as a basis for vacating the order for long-term foster care and ordering a different
permanent placement in the child's best interests. The county attorney must file pleadings
and give notice as required under the rules of juvenile court in order to modify an order for
long-term foster care under this paragraph.

(k) The court shall issue an order required under this section within 15 days of the
close of the proceedings. The court may extend issuing the order an additional 15 days
when necessary in the interests of justice and the best interests of the child.

new text begin (l) This paragraph applies to proceedings required under this subdivision when
the child is on a trial home visit:
new text end

new text begin (1) if the child is on a trial home visit 12 months after the child was placed in
foster care or in the care of a noncustodial parent as calculated in this subdivision, the
responsible social services agency may file a report with the court regarding the child's and
parent's progress on the trial home visit and its reasonable efforts to finalize the child's safe
and permanent return to the care of the parent in lieu of filing the pleadings required under
paragraph (b). The court shall make findings regarding reasonableness of the responsible
social services efforts to finalize the child's return home as the permanent order in the best
interests of the child. The court may continue the trial home visit to a total time not to
exceed six months as provided in subdivision 1. If the court finds the responsible social
services agency has not made reasonable efforts to finalize the child's return home as the
permanent order in the best interests of the child, the court may order other or additional
efforts to support the child's remaining in the care of the parent; and
new text end

new text begin (2) if a trial home visit ordered or continued at proceedings under this subdivision
terminates, the court shall re-commence proceedings under this subdivision to determine
the permanent status of the child not later than 30 days after the child is returned to foster
care.
new text end

Sec. 18.

Minnesota Statutes 2006, section 260C.212, subdivision 1, is amended to read:

Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan
shall be prepared within 30 days after any child is placed in a residential facility by court
order or by the voluntary release of the child by the parent or parents.

For purposes of this section, a residential facility means any group home, family
foster home or other publicly supported out-of-home residential facility, including any
out-of-home residential facility under contract with the state, county or other political
subdivision, or any agency thereof, to provide those services or foster care as defined in
section 260C.007, subdivision 18.

(b) An out-of-home placement plan means a written document which is prepared by
the responsible social services agency jointly with the parent or parents or guardian of the
child and in consultation with the child's guardian ad litem, the child's tribe, if the child is
an Indian child, the child's foster parent or representative of the residential facility, and,
where appropriate, the child. For a child in placement due solely or in part to the child's
emotional disturbance, preparation of the out-of-home placement plan shall additionally
include the child's mental health treatment provider. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad
litem, a representative of the child's tribe, the responsible social services agency, and, if
possible, the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the residential facility including how the out-of-home placement
plan is designed to achieve a safe placement for the child in the least restrictive, most
family-like, setting available which is in close proximity to the home of the parent or
parents or guardian of the child when the case plan goal is reunification, and how the
placement is consistent with the best interests and special needs of the child according to
the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in a residential facility, and
when reunification is the plan, a description of the problems or conditions in the home of
the parent or parents which necessitated removal of the child from home and the changes
the parent or parents must make in order for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate
or correct the problems or conditions identified in clause (2), and the time period during
which the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
to achieve a safe and stable home for the child including social and other supportive
services to be provided or offered to the parent or parents or guardian of the child, the
child, and the residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if
not, the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined
in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed
together in the residential facility, and whether visitation is consistent with the best interest
of the child, during the period the child is in the residential facility;

(6) documentation of steps to finalize the adoption or legal guardianship of the child
if the court has issued an order terminating the rights of both parents of the child or of
the only known, living parent of the childdeleted text begin , anddeleted text end new text begin . At a minimum, the documentation must
include child-specific recruitment efforts such as relative search and the use of state,
regional, and national adoption exchanges to facilitate orderly and timely instate and
interstate placements.new text end A copy of this documentation shall be provided to the court in the
review required under section 260C.317, subdivision 3, paragraph (b);

(7) deleted text begin to the extent available and accessible,deleted text end the health and educational records of the
child includingnew text begin the most recent information available regardingnew text end :

(i) the names and addresses of the child's health and educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) assurances that the child's placement in foster care takes into account proximity
to the school in which the child is enrolled at the time of placement;

(v) a record of the child's immunizations;

(vi) the child's known medical problems, including any known communicable
diseases, as defined in section 144.4172, subdivision 2;

(vii) the child's medications; and

(viii) any other relevant health and education information;

(8) an independent living plan for a child age 16 or older who is in placement as
a result of a permanency disposition. The plan should include, but not be limited to,
the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a
driver's license;

(iv) money management;

(v) planning for housing;

(vi) social and recreational skills; and

(vii) establishing and maintaining connections with the child's family and
community; and

(9) for a child in placement due solely or in part to the child's emotional disturbance,
diagnostic and assessment information, specific services relating to meeting the mental
health care needs of the child, and treatment outcomes.

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time
of placement of the child. The child shall also have the right to a guardian ad litem.
If unable to employ counsel from their own resources, the court shall appoint counsel
upon the request of the parent or parents or the child or the child's legal guardian. The
parent or parents may also receive assistance from any person or social services agency
in preparation of the case plan.

After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan
and shall be provided a copy of the plan.

new text begin Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.
new text end

Sec. 19.

Minnesota Statutes 2006, section 260C.212, subdivision 4, is amended to read:

Subd. 4.

Responsible social service agency's duties for children in placement.

(a)
When a child is in placement, the responsible social services agency shall make diligent
efforts to identify, locate, and, where appropriate, offer services to both parents of the child.

(1) The responsible social services agency shall assess whether a noncustodial or
nonadjudicated parent is willing and capable of providing for the day-to-day care of the
child temporarily or permanently. An assessment under this clause may include, but
is not limited to, obtaining information under section 260C.209. If after assessment,
the responsible social services agency determines that a noncustodial or nonadjudicated
parent is willing and capable of providing day-to-day care of the child, the responsible
social services agency may seek authority from the custodial parent or the court to have
that parent assume day-to-day care of the child. If a parent is not an adjudicated parent,
the responsible social services agency shall require the nonadjudicated parent to cooperate
with paternity establishment procedures as part of the case plan.

(2) If, after assessment, the responsible social services agency determines that the
child cannot be in the day-to-day care of either parent, the agency shall:

(i) prepare an out-of-home placement plan addressing the conditions that each parent
must meet before the child can be in that parent's day-to-day care; and

(ii) provide a parent who is the subject of a background study under section
260C.209 15 days' notice that it intends to use the study to recommend against putting the
child with that parent, as well as the notice provided in section 260C.209, subdivision 4,
and the court shall afford the parent an opportunity to be heard concerning the study.

The results of a background study of a noncustodial parent shall not be used by the
agency to determine that the parent is incapable of providing day-to-day care of the child
unless the agency reasonably believes that placement of the child into the home of that
parent would endanger the child's health, safety, or welfare.

(3) If, after the provision of services following an out-of-home placement plan under
this section, the child cannot return to the care of the parent from whom the child was
removed or who had legal custody at the time the child was placed in foster care, the
agency may petition on behalf of a noncustodial parent to establish legal custody with
that parent under section 260C.201, subdivision 11. If paternity has not already been
established, it may be established in the same proceeding in the manner provided for
under chapter 257.

(4) The responsible social services agency may be relieved of the requirement to
locate and offer services to both parents by the juvenile court upon a finding of good cause
after the filing of a petition under section 260C.141.

(b) The responsible social services agency shall give notice to the parent or parents
or guardian of each child in a residential facility, other than a child in placement due
solely to that child's developmental disability or emotional disturbance, of the following
information:

(1) that residential care of the child may result in termination of parental rights or an
order permanently placing the child out of the custody of the parent, but only after notice
and a hearing as required under chapter 260C and the juvenile court rules;

(2) time limits on the length of placement and of reunification services, including
the date on which the child is expected to be returned to and safely maintained in the
home of the parent or parents or placed for adoption or otherwise permanently removed
from the care of the parent by court order;

(3) the nature of the services available to the parent;

(4) the consequences to the parent and the child if the parent fails or is unable to use
services to correct the circumstances that led to the child's placement;

(5) the first consideration for placement with relatives;

(6) the benefit to the child in getting the child out of residential care as soon as
possible, preferably by returning the child home, but if that is not possible, through a
permanent legal placement of the child away from the parent;

(7) when safe for the child, the benefits to the child and the parent of maintaining
visitation with the child as soon as possible in the course of the case and, in any event,
according to the visitation plan under this section; and

(8) the financial responsibilities and obligations, if any, of the parent or parents for
the support of the child during the period the child is in the residential facility.

(c) The responsible social services agency shall inform a parent considering
voluntary placement of a child who is not developmentally disabled or emotionally
disturbed of the following information:

(1) the parent and the child each has a right to separate legal counsel before signing a
voluntary placement agreement, but not to counsel appointed at public expense;

(2) the parent is not required to agree to the voluntary placement, and a parent
who enters a voluntary placement agreement may at any time request that the agency
return the child. If the parent so requests, the child must be returned within 24 hours of
the receipt of the request;

(3) evidence gathered during the time the child is voluntarily placed may be used
at a later time as the basis for a petition alleging that the child is in need of protection
or services or as the basis for a petition seeking termination of parental rights or other
permanent placement of the child away from the parent;

(4) if the responsible social services agency files a petition alleging that the child is
in need of protection or services or a petition seeking the termination of parental rights
or other permanent placement of the child away from the parent, the parent would have
the right to appointment of separate legal counsel and the child would have a right to the
appointment of counsel and a guardian ad litem as provided by law, and that counsel will
be appointed at public expense if they are unable to afford counsel; and

(5) the timelines and procedures for review of voluntary placements under
subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a
permanent placement determination hearing under section 260C.201, subdivision 11.

(d) When an agency accepts a child for placement, the agency shall determine
whether the child has had a physical examination by or under the direction of a licensed
physician within the 12 months immediately preceding the date when the child came into
the agency's care. If there is documentation that the child has had an examination within
the last 12 months, the agency is responsible for seeing that the child has another physical
examination within one year of the documented examination and annually in subsequent
years. If the agency determines that the child has not had a physical examination within
the 12 months immediately preceding placement, the agency shall ensure that the child
has an examination within 30 days of coming into the agency's care and once a year
in subsequent years.

new text begin (e) If a child leaves foster care by reason of having attained the age of majority
under state law, the child must be given at no cost a copy of the child's health and
education report.
new text end

Sec. 20.

Minnesota Statutes 2006, section 260C.317, subdivision 3, is amended to read:

Subd. 3.

Order; retention of jurisdiction.

(a) A certified copy of the findings and
the order terminating parental rights, and a summary of the court's information concerning
the child shall be furnished by the court to the commissioner or the agency to which
guardianship is transferred. The orders shall be on a document separate from the findings.
The court shall furnish the individual to whom guardianship is transferred a copy of the
order terminating parental rights.

(b) The court shall retain jurisdiction in a case where adoption is the intended
permanent placement disposition until the child's adoption is finalized, the child is 18 years
of age, or the child is otherwise ordered discharged from the jurisdiction of the court. The
guardian ad litem and counsel for the child shall continue on the case until an adoption
decree is entered. A hearing must be held every 90 days following termination of parental
rights for the court to review progress toward an adoptive placement and the specific
recruitment efforts the agency has taken to find an adoptive family or other placement
living arrangement for the child and to finalize the adoption or other permanency plan.

(c) The responsible social services agency may make a determination of compelling
reasons for a child to be in long-term foster care when the agency has made exhaustive
efforts to recruit, identify, and place the child in an adoptive home, and the child continues
in foster care for at least 24 months after the court has issued the order terminating
parental rights. new text begin A child of any age who is under the guardianship of the commissioner of
the Department of Human Services and is legally available for adoption may not refuse
or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the
child in an adoptive home required under paragraph (b) or sign a document relieving
county social services agencies of all recruitment efforts on the child's behalf. new text end Upon
approving the agency's determination of compelling reasons, the court may order the
child placed in long-term foster care. At least every 12 months thereafter as long as the
child continues in out-of-home placement, the court shall conduct a permanency review
hearing to determine the future status of the child using the review requirements of section
260C.201, subdivision 11, paragraph (g).

(d) The court shall retain jurisdiction through the child's minority in a case where
long-term foster care is the permanent disposition whether under paragraph (c) or section
260C.201, subdivision 11.

Sec. 21.

Minnesota Statutes 2006, section 260C.331, subdivision 1, is amended to read:

Subdivision 1.

Care, examination, or treatment.

(a) Except where parental rights
are terminated,

(1) whenever legal custody of a child is transferred by the court to a responsible
social services agency,

(2) whenever legal custody is transferred to a person other than the responsible social
services agency, but under the supervision of the responsible social services agency, or

(3) whenever a child is given physical or mental examinations or treatment under
order of the court, and no provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge upon the welfare funds of
the county in which proceedings are held upon certification of the judge of juvenile court.

(b) The court shall order, and the responsible social services agency shall require,
the parents or custodian of a child, while the child is under the age of 18, to use the
total income and resources attributable to the child for the period of care, examination,
or treatment, except for clothing and personal needs allowance as provided in section
256B.35, to reimburse the county for the cost of care, examination, or treatment. Income
and resources attributable to the child include, but are not limited to, Social Security
benefits, supplemental security income (SSI), veterans benefits, railroad retirement
benefits and child support. When the child is over the age of 18, and continues to receive
care, examination, or treatment, the court shall order, and the responsible social services
agency shall require, reimbursement from the child for the cost of care, examination, or
treatment from the income and resources attributable to the child less the clothing and
personal needs allowance.new text begin Income does not include earnings from a child over 18 who is
working as part of a plan under section 260C.212, subdivision 1, paragraph (c), clause
(8), to transition from foster care.new text end

(c) If the income and resources attributable to the child are not enough to reimburse
the county for the full cost of the care, examination, or treatment, the court shall inquire
into the ability of the parents to support the child and, after giving the parents a reasonable
opportunity to be heard, the court shall order, and the responsible social services agency
shall require, the parents to contribute to the cost of care, examination, or treatment of
the child. When determining the amount to be contributed by the parents, the court shall
use a fee schedule based upon ability to pay that is established by the responsible social
services agency and approved by the commissioner of human services. The income of
a stepparent who has not adopted a child shall be excluded in calculating the parental
contribution under this section.

(d) The court shall order the amount of reimbursement attributable to the parents
or custodian, or attributable to the child, or attributable to both sources, withheld under
chapter 518A from the income of the parents or the custodian of the child. A parent or
custodian who fails to pay without good reason may be proceeded against for contempt, or
the court may inform the county attorney, who shall proceed to collect the unpaid sums,
or both procedures may be used.

(e) If the court orders a physical or mental examination for a child, the examination
is a medically necessary service for purposes of determining whether the service is
covered by a health insurance policy, health maintenance contract, or other health
coverage plan. Court-ordered treatment shall be subject to policy, contract, or plan
requirements for medical necessity. Nothing in this paragraph changes or eliminates
benefit limits, conditions of coverage, co-payments or deductibles, provider restrictions,
or other requirements in the policy, contract, or plan that relate to coverage of other
medically necessary services.

Sec. 22.

Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision
to read:

new text begin Subd. 3e. new text end

new text begin Agency responsibility for assessing or investigating reports of sexual
abuse. new text end

new text begin The local welfare agency is the agency responsible for investigating allegations
of sexual abuse if the alleged offender is the parent, guardian, sibling, or an individual
functioning within the family unit as a person responsible for the child's care, or a person
with a significant relationship to the child if that person resides in the child's household.
new text end

Sec. 23.

Minnesota Statutes 2006, section 626.556, is amended by adding a subdivision
to read:

new text begin Subd. 3f. new text end

new text begin Law enforcement agency responsibility for investigating
maltreatment. new text end

new text begin The local law enforcement agency has responsibility for investigating any
report of child maltreatment if a violation of a criminal statute is alleged. Law enforcement
and the responsible agency must coordinate their investigations or assessments as required
under subdivision 10.
new text end

Sec. 24.

Minnesota Statutes 2006, section 626.556, subdivision 10, is amended to read:

Subd. 10.

Duties of local welfare agency and local law enforcement agency upon
receipt of a report.

(a) Upon receipt of a report, the local welfare agency shall determine
whether to conduct a family assessment or an investigation as appropriate to prevent or
provide a remedy for child maltreatment. The local welfare agency:

(1) shall conduct an investigation on reports involving substantial child
endangerment;

(2) shall begin an immediate investigation if, at any time when it is using a family
assessment response, it determines that there is reason to believe that substantial child
endangerment or a serious threat to the child's safety exists;

(3) may conduct a family assessment for reports that do not allege substantial child
endangerment. In determining that a family assessment is appropriate, the local welfare
agency may consider issues of child safety, parental cooperation, and the need for an
immediate response; and

(4) may conduct a family assessment on a report that was initially screened and
assigned for an investigation. In determining that a complete investigation is not required,
the local welfare agency must document the reason for terminating the investigation and
notify the local law enforcement agency if the local law enforcement agency is conducting
a joint investigation.

If the report alleges neglect, physical abuse, or sexual abuse by a parent, guardian,
or individual functioning within the family unit as a person responsible for the child's
care, new text begin or sexual abuse by a person with a significant relationship to the child when that
person resides in the child's household or by a sibling, new text end the local welfare agency shall
immediately conduct a family assessment or investigation as identified in clauses (1) to
(4). In conducting a family assessment or investigation, the local welfare agency shall
gather information on the existence of substance abuse and domestic violence and offer
services for purposes of preventing future child maltreatment, safeguarding and enhancing
the welfare of the abused or neglected minor, and supporting and preserving family
life whenever possible. If the report alleges a violation of a criminal statute involving
sexual abuse, physical abuse, or neglect or endangerment, under section 609.378, the
local law enforcement agency and local welfare agency shall coordinate the planning and
execution of their respective investigation and assessment efforts to avoid a duplication of
fact-finding efforts and multiple interviews. Each agency shall prepare a separate report of
the results of its investigation. In cases of alleged child maltreatment resulting in death,
the local agency may rely on the fact-finding efforts of a law enforcement investigation
to make a determination of whether or not maltreatment occurred. When necessary the
local welfare agency shall seek authority to remove the child from the custody of a parent,
guardian, or adult with whom the child is living. In performing any of these duties, the
local welfare agency shall maintain appropriate records.

If the family assessment or investigation indicates there is a potential for abuse of
alcohol or other drugs by the parent, guardian, or person responsible for the child's care,
the local welfare agency shall conduct a chemical use assessment pursuant to Minnesota
Rules, part 9530.6615. The local welfare agency shall report the determination of the
chemical use assessment, and the recommendations and referrals for alcohol and other
drug treatment services to the state authority on alcohol and drug abuse.

(b) When a local agency receives a report or otherwise has information indicating
that a child who is a client, as defined in section 245.91, has been the subject of physical
abuse, sexual abuse, or neglect at an agency, facility, or program as defined in section
245.91, it shall, in addition to its other duties under this section, immediately inform the
ombudsman established under sections 245.91 to 245.97. The commissioner of education
shall inform the ombudsman established under sections 245.91 to 245.97 of reports
regarding a child defined as a client in section 245.91 that maltreatment occurred at a
school as defined in sections 120A.05, subdivisions 9, 11, and 13, and 124D.10.

(c) Authority of the local welfare agency responsible for assessing or investigating
the child abuse or neglect report, the agency responsible for assessing or investigating
the report, and of the local law enforcement agency for investigating the alleged abuse or
neglect includes, but is not limited to, authority to interview, without parental consent,
the alleged victim and any other minors who currently reside with or who have resided
with the alleged offender. The interview may take place at school or at any facility or
other place where the alleged victim or other minors might be found or the child may
be transported to, and the interview conducted at, a place appropriate for the interview
of a child designated by the local welfare agency or law enforcement agency. The
interview may take place outside the presence of the alleged offender or parent, legal
custodian, guardian, or school official. For family assessments, it is the preferred practice
to request a parent or guardian's permission to interview the child prior to conducting the
child interview, unless doing so would compromise the safety assessment. Except as
provided in this paragraph, the parent, legal custodian, or guardian shall be notified by the
responsible local welfare or law enforcement agency no later than the conclusion of the
investigation or assessment that this interview has occurred. Notwithstanding rule 49.02
of the Minnesota Rules of Procedure for Juvenile Courts, the juvenile court may, after
hearing on an ex parte motion by the local welfare agency, order that, where reasonable
cause exists, the agency withhold notification of this interview from the parent, legal
custodian, or guardian. If the interview took place or is to take place on school property,
the order shall specify that school officials may not disclose to the parent, legal custodian,
or guardian the contents of the notification of intent to interview the child on school
property, as provided under this paragraph, and any other related information regarding
the interview that may be a part of the child's school record. A copy of the order shall be
sent by the local welfare or law enforcement agency to the appropriate school official.

(d) When the local welfare, local law enforcement agency, or the agency responsible
for assessing or investigating a report of maltreatment determines that an interview should
take place on school property, written notification of intent to interview the child on school
property must be received by school officials prior to the interview. The notification
shall include the name of the child to be interviewed, the purpose of the interview, and
a reference to the statutory authority to conduct an interview on school property. For
interviews conducted by the local welfare agency, the notification shall be signed by the
chair of the local social services agency or the chair's designee. The notification shall be
private data on individuals subject to the provisions of this paragraph. School officials
may not disclose to the parent, legal custodian, or guardian the contents of the notification
or any other related information regarding the interview until notified in writing by the
local welfare or law enforcement agency that the investigation or assessment has been
concluded, unless a school employee or agent is alleged to have maltreated the child.
Until that time, the local welfare or law enforcement agency or the agency responsible
for assessing or investigating a report of maltreatment shall be solely responsible for any
disclosures regarding the nature of the assessment or investigation.

Except where the alleged offender is believed to be a school official or employee,
the time and place, and manner of the interview on school premises shall be within the
discretion of school officials, but the local welfare or law enforcement agency shall have
the exclusive authority to determine who may attend the interview. The conditions as to
time, place, and manner of the interview set by the school officials shall be reasonable and
the interview shall be conducted not more than 24 hours after the receipt of the notification
unless another time is considered necessary by agreement between the school officials and
the local welfare or law enforcement agency. Where the school fails to comply with the
provisions of this paragraph, the juvenile court may order the school to comply. Every
effort must be made to reduce the disruption of the educational program of the child, other
students, or school staff when an interview is conducted on school premises.

(e) Where the alleged offender or a person responsible for the care of the alleged
victim or other minor prevents access to the victim or other minor by the local welfare
agency, the juvenile court may order the parents, legal custodian, or guardian to produce
the alleged victim or other minor for questioning by the local welfare agency or the local
law enforcement agency outside the presence of the alleged offender or any person
responsible for the child's care at reasonable places and times as specified by court order.

(f) Before making an order under paragraph (e), the court shall issue an order to
show cause, either upon its own motion or upon a verified petition, specifying the basis for
the requested interviews and fixing the time and place of the hearing. The order to show
cause shall be served personally and shall be heard in the same manner as provided in
other cases in the juvenile court. The court shall consider the need for appointment of a
guardian ad litem to protect the best interests of the child. If appointed, the guardian ad
litem shall be present at the hearing on the order to show cause.

(g) The commissioner of human services, the ombudsman for mental health and
developmental disabilities, the local welfare agencies responsible for investigating reports,
the commissioner of education, and the local law enforcement agencies have the right to
enter facilities as defined in subdivision 2 and to inspect and copy the facility's records,
including medical records, as part of the investigation. Notwithstanding the provisions of
chapter 13, they also have the right to inform the facility under investigation that they are
conducting an investigation, to disclose to the facility the names of the individuals under
investigation for abusing or neglecting a child, and to provide the facility with a copy of
the report and the investigative findings.

(h) The local welfare agency responsible for conducting a family assessmentnew text begin or
investigationnew text end shall collect available and relevant information to determine child safety,
risk of subsequent child maltreatment, and family strengths and needs new text begin and share not public
information with an Indian's tribal social services agency without violating any law of the
state that may otherwise impose duties of confidentiality on the local welfare agency in
order to implement the tribal state agreementnew text end . The local welfare agency or the agency
responsible for investigating the report shall collect available and relevant information
to ascertain whether maltreatment occurred and whether protective services are needed.
Information collected includes, when relevant, information with regard to the person
reporting the alleged maltreatment, including the nature of the reporter's relationship to the
child and to the alleged offender, and the basis of the reporter's knowledge for the report;
the child allegedly being maltreated; the alleged offender; the child's caretaker; and other
collateral sources having relevant information related to the alleged maltreatment. The
local welfare agency or the agency responsible for assessing or investigating the report
may make a determination of no maltreatment early in an assessment, and close the case
and retain immunity, if the collected information shows no basis for a full assessment or
investigation.

Information relevant to the assessment or investigation must be asked for, and
may include:

(1) the child's sex and age, prior reports of maltreatment, information relating
to developmental functioning, credibility of the child's statement, and whether the
information provided under this clause is consistent with other information collected
during the course of the assessment or investigation;

(2) the alleged offender's age, a record check for prior reports of maltreatment, and
criminal charges and convictions. The local welfare agency or the agency responsible for
assessing or investigating the report must provide the alleged offender with an opportunity
to make a statement. The alleged offender may submit supporting documentation relevant
to the assessment or investigation;

(3) collateral source information regarding the alleged maltreatment and care of the
child. Collateral information includes, when relevant: (i) a medical examination of the
child; (ii) prior medical records relating to the alleged maltreatment or the care of the
child maintained by any facility, clinic, or health care professional and an interview with
the treating professionals; and (iii) interviews with the child's caretakers, including the
child's parent, guardian, foster parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have knowledge regarding the alleged
maltreatment and the care of the child; and

(4) information on the existence of domestic abuse and violence in the home of
the child, and substance abuse.

Nothing in this paragraph precludes the local welfare agency, the local law
enforcement agency, or the agency responsible for assessing or investigating the report
from collecting other relevant information necessary to conduct the assessment or
investigation. Notwithstanding section 13.384 or 144.335, the local welfare agency has
access to medical data and records for purposes of clause (3). Notwithstanding the data's
classification in the possession of any other agency, data acquired by the local welfare
agency or the agency responsible for assessing or investigating the report during the course
of the assessment or investigation are private data on individuals and must be maintained
in accordance with subdivision 11. Data of the commissioner of education collected
or maintained during and for the purpose of an investigation of alleged maltreatment
in a school are governed by this section, notwithstanding the data's classification as
educational, licensing, or personnel data under chapter 13.

In conducting an assessment or investigation involving a school facility as defined
in subdivision 2, paragraph (i), the commissioner of education shall collect investigative
reports and data that are relevant to a report of maltreatment and are from local law
enforcement and the school facility.

(i) Upon receipt of a report, the local welfare agency shall conduct a face-to-face
contact with the child reported to be maltreated and with the child's primary caregiver
sufficient to complete a safety assessment and ensure the immediate safety of the child.
The face-to-face contact with the child and primary caregiver shall occur immediately
if substantial child endangerment is alleged and within five calendar days for all other
reports. If the alleged offender was not already interviewed as the primary caregiver, the
local welfare agency shall also conduct a face-to-face interview with the alleged offender
in the early stages of the assessment or investigation. At the initial contact, the local child
welfare agency or the agency responsible for assessing or investigating the report must
inform the alleged offender of the complaints or allegations made against the individual in
a manner consistent with laws protecting the rights of the person who made the report.
The interview with the alleged offender may be postponed if it would jeopardize an active
law enforcement investigation.

(j) When conducting an investigation, the local welfare agency shall use a question
and answer interviewing format with questioning as nondirective as possible to elicit
spontaneous responses. For investigations only, the following interviewing methods and
procedures must be used whenever possible when collecting information:

(1) audio recordings of all interviews with witnesses and collateral sources; and

(2) in cases of alleged sexual abuse, audio-video recordings of each interview with
the alleged victim and child witnesses.

(k) In conducting an assessment or investigation involving a school facility as
defined in subdivision 2, paragraph (i), the commissioner of education shall collect
available and relevant information and use the procedures in paragraphs (i), (k), and
subdivision 3d, except that the requirement for face-to-face observation of the child
and face-to-face interview of the alleged offender is to occur in the initial stages of the
assessment or investigation provided that the commissioner may also base the assessment
or investigation on investigative reports and data received from the school facility and
local law enforcement, to the extent those investigations satisfy the requirements of
paragraphs (i) and (k), and subdivision 3d.

Sec. 25.

Minnesota Statutes 2006, section 626.556, subdivision 10a, is amended to
read:

Subd. 10a.

deleted text begin Abuse outside family unitdeleted text end new text begin Law enforcement agency responsibility
for investigation; welfare agency reliance on law enforcement fact-finding; welfare
agency offer of servicesnew text end .

new text begin (a) new text end If the report alleges neglect, physical abuse, or sexual abuse
by a person new text begin who is not a parent, guardian, sibling, person new text end responsible for the child's care
functioning deleted text begin outsidedeleted text end new text begin withinnew text end the family unit new text begin as a person responsible for the child's care, or a
person who lives in the child's household and who has a significant relationship to the
child, new text end in a setting other than a facility as defined in subdivision 2, the local welfare agency
shall immediately notify the appropriate law enforcement agency, which shall conduct an
investigation of the alleged abuse or neglectnew text begin if a violation of a criminal statute is allegednew text end .

new text begin (b) The local agency may rely on the fact-finding efforts of the law enforcement
investigation conducted under this subdivision to make a determination whether or not
threatened harm or other maltreatment has occurred under subdivision 2 if an alleged
offender has minor children or lives with minors.
new text end

new text begin (c) new text end The local welfare agency shall offer appropriate social services for the purpose of
safeguarding and enhancing the welfare of the abused or neglected minor.

Sec. 26.

Minnesota Statutes 2006, section 626.556, subdivision 10f, is amended to read:

Subd. 10f.

Notice of determinations.

Within ten working days of the conclusion
of a family assessment, the local welfare agency shall notify the parent or guardian of
the child of the need for services to address child safety concerns or significant risk of
subsequent child maltreatment. The local welfare agency and the family may also jointly
agree that family support and family preservation services are needed. Within ten working
days of the conclusion of an investigation, the local welfare agency or agency responsible
for assessing or investigating the report shall notify the parent or guardian of the child, the
person determined to be maltreating the child, and if applicable, the director of the facility,
of the determination and a summary of the specific reasons for the determination. The
notice must also include a certification that the information collection procedures under
subdivision 10, paragraphs (h), (i), and (j), were followed and a notice of the right of a
data subject to obtain access to other private data on the subject collected, created, or
maintained under this section. In addition, the notice shall include the length of time that
the records will be kept under subdivision 11c. The investigating agency shall notify the
parent or guardian of the child who is the subject of the report, and any person or facility
determined to have maltreated a child, of their appeal or review rights under this section
or section 256.022.new text begin The notice must also state that a finding of maltreatment may result
in denial of a license application or background study disqualification under chapter
245C related to employment or services that are licensed by the Department of Human
Services under chapter 245A, the Department of Health under chapter 144 or 144A, the
Department of Corrections under section 241.021, and from providing services related to
an unlicensed personal care provider organization under chapter 256B.
new text end

Sec. 27. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor shall renumber Minnesota Statutes, section 626.556, subdivision 3d,
as Minnesota Statutes, section 626.556, subdivision 3g.
new text end

new text begin (b) The revisor shall change references to Minnesota Statutes, section 260.851,
to section 260.853 and references to Minnesota Statutes, section 260.851, article 5, to
section 260.853, article IV, wherever those references appear in Minnesota Statutes and
Minnesota Rules.
new text end

Sec. 28. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Laws 1997, chapter 8, section 1, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 9560.0102, subpart 2, item C, new text end new text begin is repealed.
new text end

ARTICLE 2

LICENSING

Section 1.

Minnesota Statutes 2006, section 245A.035, is amended to read:

245A.035 deleted text begin RELATIVE FOSTER CARE;deleted text end new text begin UNLICENSEDnew text end EMERGENCY
deleted text begin LICENSEdeleted text end new text begin RELATIVE PLACEMENTnew text end .

Subdivision 1.

deleted text begin Grant ofdeleted text end Emergency deleted text begin licensedeleted text end new text begin placementnew text end .

Notwithstanding section
245A.03, subdivision 2a, or 245C.13, subdivision 2, a county agency may place a child
deleted text begin for foster caredeleted text end with a relative who is not licensed to provide foster care, provided the
requirements of deleted text begin subdivision 2deleted text end new text begin this sectionnew text end are met. As used in this section, the term
"relative" has the meaning given it under section 260C.007, subdivision 27.

Subd. 2.

Cooperation with emergency deleted text begin licensingdeleted text end new text begin placementnew text end process.

(a) A county
agency that places a child with a relative who is not licensed to provide foster care must
deleted text begin begin the process of securing an emergency license for the relative as soon as possible
and mustdeleted text end conduct the initial inspection required by subdivision 3, clause (1), whenever
possible, prior to placing the child in the relative's home, but no later than three working
days after placing the child in the home. A child placed in the home of a relative who is
not licensed to provide foster care must be removed from that home if the relative fails
to cooperate with the county agency deleted text begin in securing an emergency foster care licensedeleted text end . deleted text begin The
commissioner may issue an emergency foster care license to a relative with whom the
county agency wishes to place or has placed a child for foster care, or to a relative with
whom a child has been placed by court order.
deleted text end

(b) If a child is to be placed in the home of a relative not licensed to provide foster
care, either the placing agency or the county agency in the county in which the relative
lives shall conduct the emergency deleted text begin licensingdeleted text end new text begin placementnew text end process as required in this section.

Subd. 3.

Requirements for emergency deleted text begin licensedeleted text end new text begin placementnew text end .

Before an emergency
deleted text begin licensedeleted text end new text begin placementnew text end may be deleted text begin issueddeleted text end new text begin madenew text end , the following requirements must be met:

(1) the county agency must conduct an initial inspection of the premises where
the deleted text begin foster caredeleted text end new text begin placementnew text end is to be deleted text begin provideddeleted text end new text begin madenew text end to ensure the health and safety of any
child placed in the home. The county agency shall conduct the inspection using a form
developed by the commissioner;

(2) at the time of the inspection or placement, whichever is earlier, new text begin the county
agency must provide new text end the relative being considered for an emergency deleted text begin license shall receivedeleted text end new text begin
placementnew text end an application form for a child foster care license;

(3) whenever possible, prior to placing the child in the relative's home, the relative
being considered for an emergency deleted text begin licensedeleted text end new text begin placementnew text end shall provide the information
required by section 245C.05; and

(4) if the county determines, prior to the deleted text begin issuance of andeleted text end emergency deleted text begin licensedeleted text end new text begin
placementnew text end , that anyone requiring a background study deleted text begin may bedeleted text end new text begin prior to licensure of the
home isnew text end disqualified under deleted text begin section 245C.14 anddeleted text end chapter 245C, and the disqualification
is one which the commissioner cannot set aside, an emergency deleted text begin license shalldeleted text end new text begin placement
mustnew text end not be deleted text begin issueddeleted text end new text begin madenew text end .

Subd. 4.

Applicant study.

When the county agency has received the information
required by section 245C.05, the county agency shall deleted text begin begin an applicant study according to
the procedures in chapter 245C. The commissioner may issue an emergency license upon
recommendation of the county agency once the initial inspection has been successfully
completed and the information necessary to begin the applicant background study has been
provided. If the county agency does not recommend that the emergency license be granted,
the agency shall notify the relative in writing that the agency is recommending denial to the
commissioner; shall remove any child who has been placed in the home prior to licensure;
and shall inform the relative in writing of the procedure to request review pursuant to
subdivision 6. An emergency license shall be effective until a child foster care license is
granted or denied, but shall in no case remain in effect more than 120 days from the date
of placementdeleted text end new text begin submit the information to the commissioner according to section 245C.05new text end .

Subd. 5.

Child foster care license application.

(a) The new text begin relatives with whom the
new text end emergency deleted text begin license holderdeleted text end new text begin placement has been madenew text end shall complete the child foster care
license application and necessary paperwork within ten days of the placement. The county
agency shall assist the deleted text begin emergency license holderdeleted text end new text begin applicantnew text end to complete the application.
The granting of a child foster care license to a relative shall be under the procedures in this
chapter and according to the standards deleted text begin set forth by foster care ruledeleted text end new text begin in Minnesota Rules,
chapter 2960new text end . In licensing a relative, the commissioner shall consider the importance of
maintaining the child's relationship with relatives as an additional significant factor in
determining whether deleted text begin todeleted text end new text begin a background study disqualification should benew text end set aside deleted text begin a licensing
disqualifierdeleted text end under section 245C.22, or deleted text begin to grantdeleted text end a variance deleted text begin of licensing requirementsdeleted text end new text begin should
be grantednew text end under deleted text begin sections 245C.21 to 245C.27deleted text end new text begin section 245C.30new text end .

(b) When the county or private child-placing agency is processing an application
for child foster care licensure of a relative as defined in section 260B.007, subdivision
12, or 260C.007, subdivision 27, the county agency or child-placing agency must explain
the licensing process to the prospective licensee, including the background study process
and the procedure for reconsideration of an initial disqualification for licensure. The
county or private child-placing agency must also provide the prospective relative licensee
with information regarding appropriate options for legal representation in the pertinent
geographic area. If a relative is initially disqualified under section 245C.14, the deleted text begin county
or child-placing agencydeleted text end new text begin commissionernew text end must provide written notice of the reasons for the
disqualification and the right to request a reconsideration by the commissioner as required
under section 245C.17.

(c) The commissioner shall maintain licensing data so that activities related to
applications and licensing actions for relative foster care providers may be distinguished
from other child foster care settings.

deleted text begin Subd. 6. deleted text end

deleted text begin Denial of emergency license. deleted text end

deleted text begin If the commissioner denies an application
for an emergency foster care license under this section, that denial must be in writing and
must include reasons for the denial. Denial of an emergency license is not subject to
appeal under chapter 14. The relative may request a review of the denial by submitting
to the commissioner a written statement of the reasons an emergency license should be
granted. The commissioner shall evaluate the request for review and determine whether
to grant the emergency license. The commissioner's review shall be based on a review
of the records submitted by the county agency and the relative. Within 15 working
days of the receipt of the request for review, the commissioner shall notify the relative
requesting review in written form whether the emergency license will be granted. The
commissioner's review shall be based on a review of the records submitted by the county
agency and the relative. A child shall not be placed or remain placed in the relative's home
while the request for review is pending. Denial of an emergency license shall not preclude
an individual from reapplying for an emergency license or from applying for a child foster
care license. The decision of the commissioner is the final administrative agency action.
deleted text end

Sec. 2.

Minnesota Statutes 2006, section 245A.16, subdivision 1, is amended to read:

Subdivision 1.

Delegation of authority to agencies.

(a) County agencies and
private agencies that have been designated or licensed by the commissioner to perform
licensing functions and activities under section 245A.04 deleted text begin anddeleted text end new text begin ; background studies for
adult foster care, family adult day services, and family child care undernew text end chapter 245Cdeleted text begin ,deleted text end new text begin ;new text end
to recommend denial of applicants under section 245A.05deleted text begin ,deleted text end new text begin ;new text end to issue correction orders,
to issue variances, and recommend a conditional license under section 245A.06, or to
recommend suspending or revoking a license or issuing a fine under section 245A.07deleted text begin ,deleted text end new text begin ;new text end
shall comply with rules and directives of the commissioner governing those functions and
with this section. The following variances are excluded from the delegation of variance
authority and may be issued only by the commissioner:

(1) dual licensure of family child care and child foster care, dual licensure of child
and adult foster care, and adult foster care and family child care;

(2) adult foster care maximum capacity;

(3) adult foster care minimum age requirement;

(4) child foster care maximum age requirement;

(5) variances regarding disqualified individuals except that county agencies may
issue variances under section 245C.30 regarding disqualified individuals when the county
is responsible for conducting a consolidated reconsideration according to sections 245C.25
and 245C.27, subdivision 2, clauses (a) and (b), of a county maltreatment determination
and a disqualification based on serious or recurring maltreatment; and

(6) the required presence of a caregiver in the adult foster care residence during
normal sleeping hours.

(b) County agencies must report:

deleted text begin (1)deleted text end information about disqualification reconsiderations under sections 245C.25 and
245C.27, subdivision 2, deleted text begin clausesdeleted text end new text begin paragraphsnew text end (a) and (b), and variances granted under
paragraph (a), clause (5), to the commissioner at least monthly in a format prescribed by
the commissionerdeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (2) for relative child foster care applicants and license holders, the number of
relatives, as defined in section deleted text begin 260C.007, subdivision 27deleted text end , and household members of
relatives who are disqualified under section ; the disqualifying characteristics
under section ; the number of these individuals who requested reconsideration
under section ; the number of set-asides under section ; and variances
under section issued. This information shall be reported to the commissioner
annually by January 15 of each year in a format prescribed by the commissioner.
deleted text end

(c) For family day care programs, the commissioner may authorize licensing reviews
every two years after a licensee has had at least one annual review.

(d) For family adult day services programs, the commissioner may authorize
licensing reviews every two years after a licensee has had at least one annual review.

(e) A license issued under this section may be issued for up to two years.

Sec. 3.

Minnesota Statutes 2006, section 245A.16, subdivision 3, is amended to read:

Subd. 3.

Recommendations to the commissioner.

The county or private agency
shall not make recommendations to the commissioner regarding licensure without
first conducting an inspection, new text begin and for adult foster care, family adult day services, and
family child care, a background new text end study of the applicantdeleted text begin , and evaluation pursuant todeleted text end new text begin undernew text end
chapter 245C. The county or private agency must forward its recommendation to the
commissioner regarding the appropriate licensing action within 20 working days of
receipt of a completed application.

Sec. 4.

Minnesota Statutes 2006, section 245C.02, is amended by adding a subdivision
to read:

new text begin Subd. 14a. new text end

new text begin Private agency. new text end

new text begin "Private agency" has the meaning given in section
245A.02, subdivision 12.
new text end

Sec. 5.

Minnesota Statutes 2006, section 245C.04, subdivision 1, is amended to read:

Subdivision 1.

Licensed programs.

(a) The commissioner shall conduct a
background study of an individual required to be studied under section 245C.03,
subdivision 1, at least upon application for initial license for all license types.

(b) The commissioner shall conduct a background study of an individual required to
be studied under section 245C.03, subdivision 1, at reapplication for a license for family
child care, deleted text begin child foster care, anddeleted text end adult foster carenew text begin , and family adult day servicesnew text end .

(c) The commissioner is not required to conduct a study of an individual at the time
of reapplication for a license if the individual's background study was completed by the
commissioner of human services for an adult foster care license holder that is also:

(1) registered under chapter 144D; or

(2) licensed to provide home and community-based services to people with
disabilities at the foster care location and the license holder does not reside in the foster
care residence; and

(3) the following conditions are met:

(i) a study of the individual was conducted either at the time of initial licensure or
when the individual became affiliated with the license holder;

(ii) the individual has been continuously affiliated with the license holder since
the last study was conducted; and

(iii) the last study of the individual was conducted on or after October 1, 1995.

(d) new text begin From July 1, 2007, to June 30, 2009, the commissioner of human services shall
conduct a study of an individual required to be studied under section 245C.03 at the
time of reapplication for a child foster care license. The county or private agency shall
collect and forward to the commissioner the information required under section 245C.05,
subdivisions 1, paragraphs (a) and (b), and 5, paragraphs (a) and (b). The background
study conducted by the commissioner of human services under this paragraph must
include a review of the information required under section 245C.08, subdivisions 1,
paragraph (a), clauses (1) to (4), and 3.
new text end

new text begin (e) The commissioner of human services shall conduct a background study of an
individual specified under section 245C.03, subdivision 1, paragraph (a), clauses (2)
to (6), who is newly affiliated with a child foster care license holder. The county or
private agency shall collect and forward to the commissioner the information required
under section 245C.05, subdivisions 1 and 5. The background study conducted by the
commissioner of human services under this paragraph must include a review of the
information required under section 245C.08, subdivisions 1, paragraph (a), and 3.
new text end

new text begin (f) new text end Applicants for licensure, license holders, and other entities as provided in this
chapter must submit completed background study forms to the commissioner before
individuals specified in section 245C.03, subdivision 1, begin positions allowing direct
contact in any licensed program.

deleted text begin (e)deleted text end new text begin (g)new text end For purposes of this section, a physician licensed under chapter 147 is
considered to be continuously affiliated upon the license holder's receipt from the
commissioner of health or human services of the physician's background study results.

Sec. 6.

Minnesota Statutes 2006, section 245C.05, subdivision 1, is amended to read:

Subdivision 1.

Individual studied.

(a) The individual who is the subject of the
background study must provide the applicant, license holder, or other entity under section
245C.04 with sufficient information to ensure an accurate study, including:

(1) the individual's first, middle, and last name and all other names by which the
individual has been known;

(2) home address, city, and state of residence;

(3) zip code;

(4) sex;

(5) date of birth; and

(6) Minnesota driver's license number or state identification number.

(b) Every subject of a background study conducted by counties or private agencies
under this chapter must also provide the home address, city, county, and state of residence
for the past five years.

new text begin (c) Every subject of a background study related to child foster care through a private
agency shall also provide the commissioner a signed consent for the release of any
information received from national crime information databases to the private agency that
initiated the background study.
new text end

new text begin (d) The subject of a background study shall provide fingerprints as required in
subdivision 5, paragraph (c).
new text end

Sec. 7.

Minnesota Statutes 2006, section 245C.05, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin County or private agency. new text end

new text begin For background studies related to child foster
care, county and private agencies must collect the information under subdivision 1 and
forward it to the commissioner.
new text end

Sec. 8.

Minnesota Statutes 2006, section 245C.05, subdivision 4, is amended to read:

Subd. 4.

Electronic transmission.

For background studies conducted by the
Department of Human Services, the commissioner shall implement a system for the
electronic transmission of:

(1) background study information to the commissioner; deleted text begin and
deleted text end

(2) background study results to the license holdernew text begin ; and
new text end

new text begin (3) background study results to county and private agencies for background studies
conducted by the commissioner for child foster carenew text end .

Sec. 9.

Minnesota Statutes 2006, section 245C.05, subdivision 5, is amended to read:

Subd. 5.

Fingerprints.

(a) new text begin Except as provided in paragraph (c), new text end for any background
study completed under this chapter, when the commissioner has reasonable cause to
believe that further pertinent information may exist on the subject of the background
study, the subject shall provide the commissioner with a set of classifiable fingerprints
obtained from an authorized deleted text begin law enforcementdeleted text end agency.

(b) For purposes of requiring fingerprints, the commissioner has reasonable cause
when, but not limited to, the:

(1) information from the Bureau of Criminal Apprehension indicates that the subject
is a multistate offender;

(2) information from the Bureau of Criminal Apprehension indicates that multistate
offender status is undetermined; or

(3) commissioner has received a report from the subject or a third party indicating
that the subject has a criminal history in a jurisdiction other than Minnesota.

new text begin (c) Except as specified under section 245C.04, subdivision 1, paragraph (d), for
background studies conducted by the commissioner for child foster care, the subject of the
background study shall provided the commissioner with a set of classifiable fingerprints
obtained from an authorized agency.
new text end

Sec. 10.

Minnesota Statutes 2006, section 245C.05, subdivision 7, is amended to read:

Subd. 7.

Probation officer and corrections agent.

(a) A probation officer or
corrections agent shall notify the commissioner of an individual's conviction if the
individual is:

(1) affiliated with a program or facility regulated by the Department of Human
Services or Department of Health, a facility serving children or youth licensed by the
Department of Corrections, or any type of home care agency or provider of personal care
assistance services; and

(2) convicted of a crime constituting a disqualification under section 245C.14.

(b) For the purpose of this subdivision, "conviction" has the meaning given it
in section 609.02, subdivision 5.

(c) The commissioner, in consultation with the commissioner of corrections, shall
develop forms and information necessary to implement this subdivision and shall provide
the forms and information to the commissioner of corrections for distribution to local
probation officers and corrections agents.

(d) The commissioner shall inform individuals subject to a background study that
criminal convictions for disqualifying crimes will be reported to the commissioner by the
corrections system.

(e) A probation officer, corrections agent, or corrections agency is not civilly or
criminally liable for disclosing or failing to disclose the information required by this
subdivision.

(f) Upon receipt of disqualifying information, the commissioner shall provide the
notice required under section 245C.17, as appropriate, to agencies on record as having
initiated a background study or making a request for documentation of the background
study status of the individual.

(g) This subdivision does not apply to family child care deleted text begin and child foster caredeleted text end
programs.

Sec. 11.

Minnesota Statutes 2006, section 245C.08, subdivision 1, is amended to read:

Subdivision 1.

Background studies conducted by commissioner of human
services.

(a) For a background study conducted by the commissioner, the commissioner
shall review:

(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (i);

(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from deleted text begin county agencydeleted text end findings of maltreatment of minors as indicated
through the social service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); deleted text begin and
deleted text end

(4) information from the Bureau of Criminal Apprehensionnew text begin ; and
new text end

new text begin (5) for a background study related to a child foster care application for licensure, the
commissioner shall also review:
new text end

new text begin (i) information from the child abuse and neglect registry for any state in which the
background study subject has resided in for the past five years; and
new text end

new text begin (ii) information from national crime information databasesnew text end .

(b) Notwithstanding expungement by a court, the commissioner may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement is
directed specifically to the commissioner.

Sec. 12.

Minnesota Statutes 2006, section 245C.08, subdivision 2, is amended to read:

Subd. 2.

Background studies conducted by a county deleted text begin or privatedeleted text end agency.

(a) For
a background study conducted by a county deleted text begin or privatedeleted text end agency for deleted text begin child foster care,deleted text end adult
foster carenew text begin , family adult day servicesnew text end , and family child care homes, the commissioner
shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, clauses (2), (5), and (6);

(3) information from the Bureau of Criminal Apprehension; and

(4) arrest and investigative records maintained by the Bureau of Criminal
Apprehension, county attorneys, county sheriffs, courts, county agencies, local police, the
National Criminal Records Repository, and criminal records from other states.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county deleted text begin or privatedeleted text end agency may
consider information obtained under paragraph (a), clauses (3) and (4), unless the
commissioner received notice of the petition for expungement and the court order for
expungement is directed specifically to the commissioner.

Sec. 13.

Minnesota Statutes 2006, section 245C.10, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Temporary personnel agencies, educational programs, and professional
services agencies. new text end

new text begin The commissioner shall recover the cost of the background studies
initiated by temporary personnel agencies, educational programs, and professional
services agencies that initiate background studies under section 245C.03, subdivision 4,
through a fee of no more than $20 per study charged to the agency. The fees collected
under this subdivision are appropriated to the commissioner for the purpose of conducting
background studies.
new text end

Sec. 14.

Minnesota Statutes 2006, section 245C.11, subdivision 1, is amended to read:

Subdivision 1.

new text begin Adult new text end foster care; criminal conviction data.

For individuals who
are required to have background studies under section 245C.03, subdivisions 1 and 2, and
who have been continuously affiliated with deleted text begin adeleted text end new text begin an adultnew text end foster care provider that is licensed
in more than one county, criminal conviction data may be shared among those counties in
which the new text begin adult new text end foster care programs are licensed. A county agency's receipt of criminal
conviction data from another county agency shall meet the criminal data background
study requirements of this chapter.

Sec. 15.

Minnesota Statutes 2006, section 245C.11, subdivision 2, is amended to read:

Subd. 2.

Jointly licensed programs.

A county agency may accept a background
study completed by the commissioner under this chapter in place of the background study
required under section 245A.16, subdivision 3, in programs with joint licensure as home
and community-based services and adult foster care for people with developmental
disabilities when the license holder does not reside in the new text begin adult new text end foster care residence and
the subject of the study has been continuously affiliated with the license holder since the
date of the commissioner's study.

Sec. 16.

Minnesota Statutes 2006, section 245C.12, is amended to read:

245C.12 BACKGROUND STUDY; TRIBAL ORGANIZATIONS.

new text begin (a) new text end For the purposes of background studies completed by tribal organizations
performing licensing activities otherwise required of the commissioner under this chapter,
after obtaining consent from the background study subject, tribal licensing agencies shall
have access to criminal history data in the same manner as county licensing agencies and
private licensing agencies under this chapter.

new text begin (b) Tribal organizations may contract with the commissioner to obtain background
study data on individuals under tribal jurisdiction related to adoptions according to
section 245C.34. Tribal organizations may also contract with the commissioner to obtain
background study data on individuals under tribal jurisdiction related to child foster care
according to section 245C.34.
new text end

Sec. 17.

Minnesota Statutes 2006, section 245C.16, subdivision 1, is amended to read:

Subdivision 1.

Determining immediate risk of harm.

(a) If the commissioner
determines that the individual studied has a disqualifying characteristic, the commissioner
shall review the information immediately available and make a determination as to the
subject's immediate risk of harm to persons served by the program where the individual
studied will have direct contact.

(b) The commissioner shall consider all relevant information available, including the
following factors in determining the immediate risk of harm:

(1) the recency of the disqualifying characteristic;

(2) the recency of discharge from probation for the crimes;

(3) the number of disqualifying characteristics;

(4) the intrusiveness or violence of the disqualifying characteristic;

(5) the vulnerability of the victim involved in the disqualifying characteristic;

(6) the similarity of the victim to the persons served by the program where the
individual studied will have direct contact; and

(7) whether the individual has a disqualification from a previous background study
that has not been set aside.

(c) This section does not apply when the subject of a background study is regulated
by a health-related licensing board as defined in chapter 214, and the subject is determined
to be responsible for substantiated maltreatment under section 626.556 or 626.557.

(d) new text begin This section does not apply to a background study related to an initial application
for a child foster care license.
new text end

new text begin (e) new text end If the commissioner has reason to believe, based on arrest information or an
active maltreatment investigation, that an individual poses an imminent risk of harm to
persons receiving services, the commissioner may order that the person be continuously
supervised or immediately removed pending the conclusion of the maltreatment
investigation or criminal proceedings.

Sec. 18.

Minnesota Statutes 2006, section 245C.17, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Notice to county or private agency. new text end

new text begin For studies on individuals related to a
license to provide child foster care, the commissioner shall also provide a notice of the
background study results to the county or private agency that initiated the background
study.
new text end

Sec. 19.

Minnesota Statutes 2006, section 245C.21, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Submission of reconsideration request to county or private agency.
new text end

new text begin (a) For disqualifications related to studies conducted by county agencies, and for
disqualifications related to studies conducted by the commissioner for child foster care,
the individual shall submit the request for reconsideration to the county or private agency
that initiated the background study.
new text end

new text begin (b) A reconsideration request shall be submitted within the time frames specified
in section 69.13, subdivision 2.
new text end

new text begin (c) The county or private agency shall forward the individual's request for
reconsideration and provide the commissioner with a recommendation whether to set aside
the individual's disqualification.
new text end

Sec. 20.

Minnesota Statutes 2006, section 245C.23, subdivision 2, is amended to read:

Subd. 2.

Commissioner's notice of disqualification that is not set aside.

(a) The
commissioner shall notify the license holder of the disqualification and order the license
holder to immediately remove the individual from any position allowing direct contact
with persons receiving services from the license holder if:

(1) the individual studied does not submit a timely request for reconsideration
under section 245C.21;

(2) the individual submits a timely request for reconsideration, but the commissioner
does not set aside the disqualification for that license holder under section 245C.22;

(3) an individual who has a right to request a hearing under sections 245C.27 and
256.045, or 245C.28 and chapter 14 for a disqualification that has not been set aside, does
not request a hearing within the specified time; or

(4) an individual submitted a timely request for a hearing under sections 245C.27
and 256.045, or 245C.28 and chapter 14, but the commissioner does not set aside the
disqualification under section 245A.08, subdivision 5, or 256.045.

(b) If the commissioner does not set aside the disqualification under section 245C.22,
and the license holder was previously ordered under section 245C.17 to immediately
remove the disqualified individual from direct contact with persons receiving services or
to ensure that the individual is under continuous, direct supervision when providing direct
contact services, the order remains in effect pending the outcome of a hearing under
sections 245C.27 and 256.045, or 245C.28 and chapter 14.

new text begin (c) For background studies related to child foster care, the commissioner shall
also notify the county or private agency that initiated the study of the results of the
reconsideration.
new text end

Sec. 21.

new text begin [245C.33] ADOPTION BACKGROUND STUDY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Background studies conducted by commissioner. new text end

new text begin Before
placement of a child for purposes of adoption, the commissioner shall conduct a
background study on individuals listed in section 259.41, subdivision 3, for county
agencies and private agencies licensed to place children for adoption.
new text end

new text begin Subd. 2. new text end

new text begin Information and data provided to county or private agency. new text end

new text begin The
subject of the background study shall provide the following information to the county
or private agency:
new text end

new text begin (1) the information specified in section 245C.05;
new text end

new text begin (2) a set of classifiable fingerprints obtained from an authorized agency; and
new text end

new text begin (3) for studies initiated by a private agency, a signed consent for the release of
information received from national crime information databases to the private agency.
new text end

new text begin Subd. 3. new text end

new text begin Information and data provided to commissioner. new text end

new text begin The county or private
agency shall forward the data collected under subdivision 2 to the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Information commissioner reviews. new text end

new text begin (a) The commissioner shall review
the following information regarding the background study subject:
new text end

new text begin (1) the information under section 245C.08, subdivisions 1, 3, and 4;
new text end

new text begin (2) information from the child abuse and neglect registry for any state in which the
subject has resided for the past five years; and
new text end

new text begin (3) information from national crime information databases.
new text end

new text begin (b) The commissioner shall provide any information collected under this subdivision
to the county or private agency that initiated the background study. The commissioner
shall indicate if the information collected shows that the subject of the background study
has a conviction listed in United States Code, title 42, section 671(a)(20)(A).
new text end

Sec. 22.

new text begin [245C.34] ADOPTION AND CHILD FOSTER CARE BACKGROUND
STUDIES; TRIBAL ORGANIZATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Background studies may be conducted by commissioner. new text end

new text begin (a)
Tribal organizations may contract with the commissioner under section 245C.12 to obtain
background study data on individuals under tribal jurisdiction related to adoptions.
new text end

new text begin (b) Tribal organizations may contract with the commissioner under section 245C.12
to obtain background study data on individuals under tribal jurisdiction related to child
foster care.
new text end

new text begin (c) Background studies initiated by tribal organizations under paragraphs (a) and (b)
must be conducted as provided in subdivisions 2 and 3.
new text end

new text begin Subd. 2. new text end

new text begin Information and data provided to tribal organization. new text end

new text begin The background
study subject must provide the following information to the tribal organization:
new text end

new text begin (1) for background studies related to adoptions, the information under section
245C.05;
new text end

new text begin (2) for background studies related to child foster care, the information under section
245C.05;
new text end

new text begin (3) a set of classifiable fingerprints obtained from an authorized agency; and
new text end

new text begin (4) a signed consent for the release of information received from national crime
information databases to the tribal organization.
new text end

new text begin Subd. 3. new text end

new text begin Information and data provided to commissioner. new text end

new text begin The tribal organization
shall forward the data collected under subdivision 2 to the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Information commissioner reviews. new text end

new text begin (a) The commissioner shall review
the following information regarding the background study subject:
new text end

new text begin (1) the information under section 245C.08, subdivisions 1, 3, and 4;
new text end

new text begin (2) information from the child abuse and neglect registry for any state in which the
subject has resided for the past five years; and
new text end

new text begin (3) information from national crime information databases.
new text end

new text begin (b) The commissioner shall provide any information collected under this subdivision
to the tribal organization that initiated the background study. The commissioner shall
indicate if the information collected shows that the subject of the background study has a
conviction listed in United States Code, title 42, section 671(a)(20)(A).
new text end

Sec. 23.

Minnesota Statutes 2006, section 259.20, subdivision 2, is amended to read:

Subd. 2.

Other applicable law.

new text begin (a) new text end Portions of chapters 245A, 245C, 257, 260, and
317A may also affect the adoption of a particular child.

new text begin (b) new text end Provisions of the Indian Child Welfare Act, United States Code, title 25, chapter
21, sections 1901-1923, may also apply in the adoption of an Indian child, and may
preempt specific provisions of this chapter.

new text begin (c) Consistent with chapters 245A and 245C and Public Law 109-248, a completed
background study is required before the approval of any foster or adoptive placement in
a related or an unrelated home.
new text end

Sec. 24.

Minnesota Statutes 2006, section 259.29, subdivision 1, is amended to read:

Subdivision 1.

Best interests of the child.

(a) The policy of the state of Minnesota
is to ensure that the best interests of the child are met by requiring individualized
determination of the needs of the child and of how the adoptive placement will serve the
needs of the child.

(b) Among the factors the agency shall consider in determining the needs of the child
are those specified under section 260C.193, subdivision 3, paragraph (b).

new text begin (c) Except for emergency placements provided for in section 245A.03, a completed
background study is required under section 245C.33 before the approval of an adoptive
placement in a home.
new text end

Sec. 25.

Minnesota Statutes 2006, section 259.41, is amended to read:

259.41 ADOPTION STUDY.

Subdivision 1.

Study required before placement; certain relatives excepted.

(a)
An new text begin approved new text end adoption studynew text begin ; completed background study, as required under section
245C.33;new text end and written report must be completed before the child is placed in a prospective
adoptive home under this chapter, except as allowed by section 259.47, subdivision 6.
In an agency placement, the report must be filed with the court at the time the adoption
petition is filed. In a direct adoptive placement, the report must be filed with the court in
support of a motion for temporary preadoptive custody under section 259.47, subdivision
3, or, if the study and report are complete, in support of an emergency order under section
259.47, subdivision 6. The study and report shall be completed by a licensed child-placing
agency and must be thorough and comprehensive. The study and report shall be paid for
by the prospective adoptive parent, except as otherwise required under section 259.67
or 259.73.

(b) A placement for adoption with an individual who is related to the child, as
defined by section 245A.02, subdivision 13, is not subject to this section except as required
by deleted text begin sectiondeleted text end new text begin sections 245C.33 andnew text end 259.53, subdivision 2, paragraph (c).

(c) In the case of a licensed foster parent seeking to adopt a child who is in the foster
parent's care, any portions of the foster care licensing process that duplicate requirements
of the home study may be submitted in satisfaction of the relevant requirements of this
section.

Subd. 2.

Form of study.

(a) The adoption study must include at least one in-home
visit with the prospective adoptive parent. At a minimum, the study must deleted text begin includedeleted text end new text begin
documentnew text end the following new text begin information new text end about the prospective adoptive parent:

(1) a background deleted text begin checkdeleted text end new text begin studynew text end as required by subdivision 3new text begin and section 245C.33new text end ,
deleted text begin anddeleted text end new text begin including:
new text end

new text begin (i)new text end an deleted text begin evaluationdeleted text end new text begin assessment of the data and information provided by section
245C.33, subdivision 4, to determine if the prospective adoptive parent and any other
person over the age of 13 living in the home has a felony conviction consistent with
subdivision 3 and section 471(a)(2) of the federal Social Security Act; and
new text end

new text begin (ii) an assessmentnew text end of the effect of deleted text begin adeleted text end new text begin anynew text end conviction or finding of substantiated
maltreatment on the deleted text begin ability todeleted text end new text begin capacity of the prospective adoptive parent to safelynew text end care for
new text begin and parent new text end a child;

(2) a medical and social history and assessment of current health;

(3) an assessment of potential parenting skills;

(4) an assessment of ability to provide adequate financial support for a child; and

(5) an assessment of the level of knowledge and awareness of adoption issues
including, where appropriate, matters relating to interracial, cross-cultural, and special
needs adoptions.

(b) The adoption study is the basis for completion of a written report. The report
must be in a format specified by the commissioner and must contain recommendations
regarding the suitability of the subject of the study to be an adoptive parent.

Subd. 3.

Background deleted text begin check; affidavit of historydeleted text end new text begin studynew text end .

(a) At the time an adoption
study is commenced, each prospective adoptive parent must:

(1) authorize access by the agency to any private data needed to complete the study;

(2) provide all addresses at which the prospective adoptive parent and anyone in the
household over the age of 13 has resided in the previous five years; and

(3) disclose any names used previously other than the name used at the time of
the study.

(b) When the requirements of paragraph (a) have been met, the agency shall
immediately deleted text begin begindeleted text end new text begin initiatenew text end a background deleted text begin checkdeleted text end new text begin study under section 245C.33 to be
completed by the commissionernew text end , on each person over the age of 13 living in the homedeleted text begin ,
consisting, at a minimum, of the following:deleted text end new text begin . As required under section 245C.33 and Public
Law 109-248, a completed background study is required before the approval of any foster
or adoptive placement in a related or an unrelated home. The required background study
must be completed as part of the home study.
new text end

deleted text begin (1) a check of criminal conviction data with the Bureau of Criminal Apprehension
and local law enforcement authorities;
deleted text end

deleted text begin (2) a check for data on substantiated maltreatment of a child or vulnerable adult
and domestic violence data with local law enforcement and social services agencies and
district courts; and
deleted text end

deleted text begin (3) for those persons under the age of 25, a check of juvenile court records.
deleted text end

deleted text begin Notwithstanding the provisions of section or , the Bureau of
Criminal Apprehension, local law enforcement and social services agencies, district courts,
and juvenile courts shall release the requested information to the agency completing
the adoption study.
deleted text end

deleted text begin (c) When paragraph (b) requires checking the data or records of local law
enforcement and social services agencies and district and juvenile courts, the agency
shall check with the law enforcement and social services agencies and courts whose
jurisdictions cover the addresses under paragraph (a), clause (2). In the event that the
agency is unable to complete any of the record checks required by paragraph (b), the
agency shall document the fact and the agency's efforts to obtain the information.
deleted text end

deleted text begin (d) For a study completed under this section, when the agency has reasonable
cause to believe that further information may exist on the prospective adoptive parent or
household member over the age of 13 that may relate to the health, safety, or welfare of
the child, the prospective adoptive parent or household member over the age of 13 shall
provide the agency with a set of classifiable fingerprints obtained from an authorized law
enforcement agency and the agency may obtain criminal history data from the National
Criminal Records Repository by submitting fingerprints to the Bureau of Criminal
Apprehension. The agency has reasonable cause when, but not limited to, the:
deleted text end

deleted text begin (1) information from the Bureau of Criminal Apprehension indicates that the
prospective adoptive parent or household member over the age of 13 is a multistate
offender;
deleted text end

deleted text begin (2) information from the Bureau of Criminal Apprehension indicates that multistate
offender status is undetermined;
deleted text end

deleted text begin (3) the agency has received a report from the prospective adoptive parent or
household member over the age of 13 or a third party indicating that the prospective
adoptive parent or household member over the age of 13 has a criminal history in a
jurisdiction other than Minnesota; or
deleted text end

deleted text begin (4) the prospective adoptive parent or household member over the age of 13 is or has
been a resident of a state other than Minnesota in the prior five years.
deleted text end

deleted text begin (e) At any time prior to completion of the background check required under
paragraph (b), a prospective adoptive parent may submit to the agency conducting the
study a sworn affidavit stating whether they or any person residing in the household have
been convicted of a crime. The affidavit shall also state whether the adoptive parent or any
other person residing in the household is the subject of an open investigation of, or have
been the subject of a substantiated allegation of, child or vulnerable-adult maltreatment
within the past ten years. A complete description of the crime, open investigation, or
substantiated abuse, and a complete description of any sentence, treatment, or disposition
must be included. The affidavit must contain an acknowledgment that if, at any time
before the adoption is final, a court receives evidence leading to a conclusion that a
prospective adoptive parent knowingly gave false information in the affidavit, it shall be
determined that the adoption of the child by the prospective adoptive parent is not in the
best interests of the child.
deleted text end

deleted text begin (f) For the purposes of subdivision 1 and section deleted text begin 259.47, subdivisions 3 and 6deleted text end , an
adoption study is complete for placement, even though the background checks required by
paragraph (b) have not been completed, if each prospective adoptive parent has completed
the affidavit allowed by paragraph (e) and the other requirements of this section have been
met. The background checks required by paragraph (b) must be completed before an
adoption petition is filed. If an adoption study has been submitted to the court under section
deleted text begin 259.47, subdivision 3deleted text end or 6, before the background checks required by paragraph (b) were
complete, an updated adoption study report which includes the results of the background
check must be filed with the adoption petition. In the event that an agency is unable to
complete any of the records checks required by paragraph (b), the agency shall submit with
the petition to adopt an affidavit documenting the agency's efforts to complete the checks.
deleted text end

new text begin (c) A home study under paragraph (b) used to consider placement of any child
on whose behalf Title IV-E adoption assistance payments are to be made must not be
approved if a background study reveals a felony conviction at any time for:
new text end

new text begin (1) child abuse or neglect;
new text end

new text begin (2) spousal abuse;
new text end

new text begin (3) a crime against children, including child pornography; or
new text end

new text begin (4) a crime involving violence, including rape, sexual assault, or homicide, but not
including other physical assault or battery.
new text end

new text begin (d) A home study under paragraph (b) used to consider placement of any child
on whose behalf Title IV-E adoption assistance payments are to be made must not be
approved if a background study reveals a felony conviction within the past five years for:
new text end

new text begin (1) physical assault or battery; or
new text end

new text begin (2) a drug-related offense.
new text end

Subd. 4.

Updates to adoption study; period of validity.

An agency may update
an adoption study and report as needed, regardless of when the original study and report
or most recent update was completed. An update must be in a format specified by the
commissioner and must verify the continuing accuracy of the elements of the original
report and document any changes to elements of the original report. An update to a study
and report not originally completed under this section must ensure that the study and
report, as updated, meet the requirements of this section. An adoption study is valid if the
report has been completed or updated within the previous 12 months.

Sec. 26.

Minnesota Statutes 2006, section 259.53, subdivision 2, is amended to read:

Subd. 2.

Adoption agencies; postplacement assessment and report.

(a) The
agency to which the petition has been referred under subdivision 1 shall conduct a
postplacement assessment and file a report with the court within 90 days of receipt
of a copy of the adoption petition. The agency shall send a copy of the report to the
commissioner at the time it files the report with the court. The assessment and report
must evaluate the environment and antecedents of the child to be adopted, the home of
the petitioners, whether placement with the petitioners meets the needs of the child as
described in section 259.57, subdivision 2. The report must include a recommendation to
the court as to whether the petition should or should not be granted.

In making evaluations and recommendations, the postplacement assessment and
report must, at a minimum, address the following:

(1) the level of adaptation by the prospective adoptive parents to parenting the child;

(2) the health and well-being of the child in the prospective adoptive parents' home;

(3) the level of incorporation by the child into the prospective adoptive parents'
home, extended family, and community; and

(4) the level of inclusion of the child's previous history into the prospective adoptive
home, such as cultural or ethnic practices, or contact with former foster parents or
biological relatives.

(b) A postplacement adoption report is valid for 12 months following its date
of completion.

deleted text begin (c) If the petitioner is an individual who is related to the child, as defined by section
deleted text begin 245A.02, subdivision 13deleted text end , the agency, as part of its postplacement assessment and report
under paragraph (a), shall conduct a background check meeting the requirements of
section deleted text begin 259.41, subdivision 3deleted text end , paragraph (b). The prospective adoptive parent shall
cooperate in the completion of the background check by supplying the information and
authorizations described in section deleted text begin 259.41, subdivision 3deleted text end , paragraph (a).
deleted text end

deleted text begin (d)deleted text end new text begin (c)new text end If the report recommends that the court not grant the petition to adopt the
child, the provisions of this paragraph apply. Unless the assessment and report were
completed by the local social services agency, the agency completing the report, at the
time it files the report with the court under paragraph (a), must provide a copy of the report
to the local social services agency in the county where the prospective adoptive parent
lives. The agency or local social services agency may recommend that the court dismiss
the petition. If the local social services agency determines that continued placement in the
home endangers the child's physical or emotional health, the agency shall seek a court
order to remove the child from the home.

deleted text begin (e)deleted text end new text begin (d)new text end If, through no fault of the petitioner, the agency to whom the petition was
referred under subdivision 1, paragraph (b), fails to complete the assessment and file the
report within 90 days of the date it received a copy of the adoption petition, the court may
hear the petition upon giving the agency and the local social services agency, if different,
five days' notice by mail of the time and place of the hearing.

Sec. 27.

Minnesota Statutes 2006, section 259.57, subdivision 2, is amended to read:

Subd. 2.

Protection of child's best interests.

(a) The policy of the state of
Minnesota is to ensure that the best interests of children are met by requiring an
individualized determination of the needs of the child and how the adoptive placement
will serve the needs of the child.

(b) Among the factors the court shall consider in determining the needs of the child
are those specified under section 260C.193, subdivision 3, paragraph (b). new text begin Consistent with
section 245C.33 and Public Law 109-248, a completed background study is required
before the approval of an adoptive placement in a home.
new text end

(c) In reviewing adoptive placement and in determining appropriate adoption,
the court shall consider placement, consistent with the child's best interests and in the
following order, with (1) a relative or relatives of the child, or (2) an important friend with
whom the child has resided or had significant contact. Placement of a child cannot be
delayed or denied based on race, color, or national origin of the adoptive parent or the
child. Whenever possible, siblings should be placed together unless it is determined
not to be in the best interests of a sibling.

(d) If the child's birth parent or parents explicitly request that relatives and important
friends not be considered, the court shall honor that request consistent with the best
interests of the child.

If the child's birth parent or parents express a preference for placing the child in an
adoptive home of the same or a similar religious background to that of the birth parent
or parents, the court shall place the child with a family that also meets the birth parent's
religious preference. Only if no family is available as described in clause (a) or (b)
may the court give preference to a family described in clause (c) that meets the parent's
religious preference.

(e) This subdivision does not affect the Indian Child Welfare Act, United States
Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
Act, sections 260.751 to 260.835.

Sec. 28.

Minnesota Statutes 2006, section 260C.209, is amended to read:

260C.209 BACKGROUND CHECKS.

Subdivision 1.

Subjects.

The responsible social services agency must deleted text begin conductdeleted text end new text begin
initiatenew text end a background deleted text begin checkdeleted text end new text begin study to be completed by the commissionernew text end under deleted text begin this section
ofdeleted text end new text begin chapter 245C onnew text end the followingnew text begin individualsnew text end :

(1) a noncustodial parent or nonadjudicated parent who is being assessed for
purposes of providing day-to-day care of a child temporarily or permanently under section
260C.212, subdivision 4, and any member of the parent's household who is over the age of
13 when there is a reasonable cause to believe that the parent or household member over
age 13 has a criminal history or a history of maltreatment of a child or vulnerable adult
which would endanger the child's health, safety, or welfare;

(2) an individual whose suitability for relative placement under section 260C.212,
subdivision 5, is being determined and any member of the relative's household who is
over the age of 13 when:

(i) the relative must be licensed for foster care; or

(ii) the deleted text begin agency must conduct adeleted text end background study new text begin is required new text end under section 259.53,
subdivision 2; or

(iii) the agency new text begin or the commissioner new text end has reasonable cause to believe the relative
or household member over the age of 13 has a criminal history which would not make
transfer of permanent legal and physical custody to the relative under section 260C.201,
subdivision 11, in the child's best interest; and

(3) a parent, following an out-of-home placement, when the responsible social
services agency has reasonable cause to believe that the parent has been convicted of a
crime directly related to the parent's capacity to maintain the child's health, safety, or
welfare or the parent is the subject of an open investigation of, or has been the subject
of a substantiated allegation of, child or vulnerable-adult maltreatment within the past
ten years.

"Reasonable cause" means that the agency has received information or a report from the
subject or a third person that creates an articulable suspicion that the individual has a
history that may pose a risk to the health, safety, or welfare of the child. The information
or report must be specific to the potential subject of the background check and shall not
be based on the race, religion, ethnic background, age, class, or lifestyle of the potential
subject.

Subd. 2.

General procedures.

(a) When deleted text begin conductingdeleted text end new text begin initiatingnew text end a background check
under subdivision 1, the agency deleted text begin maydeleted text end new text begin shallnew text end require the individual being assessed to provide
sufficient information to ensure an accurate assessment under this section, including:

(1) the individual's first, middle, and last name and all other names by which the
individual has been known;

(2) home address, zip code, city, county, and state of residence for the past ten years;

(3) sex;

(4) date of birth; and

(5) driver's license number or state identification number.

(b) When notified by the new text begin commissioner or the new text end responsible social services agency that
it is conducting an assessment under this section, the Bureau of Criminal Apprehension,
commissioners of health and human services, law enforcement, and county agencies must
provide the new text begin commissioner or new text end responsible social services agency or county attorney with
the following information on the individual being assessed: criminal history data, reports
about the maltreatment of adults substantiated under section 626.557, and reports of
maltreatment of minors substantiated under section 626.556.

Subd. 3.

Multistate information.

deleted text begin (a)deleted text end For deleted text begin any assessmentdeleted text end new text begin every background studynew text end
completed under this section, deleted text begin if the responsible social services agency has reasonable
cause to believe that the individual is a multistate offender, the individual mustdeleted text end new text begin the subject
of the background study shallnew text end provide the responsible social services agency deleted text begin or the
county attorneydeleted text end with a set of classifiable fingerprints obtained from an authorized deleted text begin law
enforcementdeleted text end agency. The responsible social services agency deleted text begin or county attorney maydeleted text end new text begin shall
provide the fingerprints to the commissioner, and the commissioner shallnew text end obtain criminal
history data from the National Criminal Records Repository by submitting the fingerprints
to the Bureau of Criminal Apprehension.

deleted text begin (b) For purposes of this subdivision, the responsible social services agency has
reasonable cause when, but not limited to:
deleted text end

deleted text begin (1) information from the Bureau of Criminal Apprehension indicates that the
individual is a multistate offender;
deleted text end

deleted text begin (2) information from the Bureau of Criminal Apprehension indicates that multistate
offender status is undetermined;
deleted text end

deleted text begin (3) the social services agency has received a report from the individual or a third
party indicating that the individual has a criminal history in a jurisdiction other than
Minnesota; or
deleted text end

deleted text begin (4) the individual is or has been a resident of a state other than Minnesota at any
time during the prior ten years.
deleted text end

Subd. 4.

Notice upon receipt.

The deleted text begin responsible social services agencydeleted text end new text begin commissionernew text end
must provide the subject of the background study with the results of the studynew text begin as requirednew text end
under deleted text begin this section within 15 business days of receipt or at least 15 days prior to the hearing
at which the results will be presented, whichever comes first. The subject may provide
written information to the agency that the results are incorrect and may provide additional
or clarifying information to the agency and to the court through a party to the proceeding.
This provision does not apply to any background study conducted under chapters 245A
anddeleted text end new text begin chapternew text end 245C.

Sec. 29.

Minnesota Statutes 2006, section 260C.212, subdivision 2, is amended to read:

Subd. 2.

Placement decisions based on best interest of the child.

(a) The policy
of the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child and of how the selected placement
will serve the needs of the child being placed. The authorized child-placing agency shall
place a child, released by court order or by voluntary release by the parent or parents, in
a family foster home selected by considering placement with relatives and important
friends in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption; or

(2) with an individual who is an important friend with whom the child has resided or
had significant contact.

(b) Among the factors the agency shall consider in determining the needs of the
child are the following:

(1) the child's current functioning and behaviors;

(2) the medical, educational, and developmental needs of the child;

(3) the child's history and past experience;

(4) the child's religious and cultural needs;

(5) the child's connection with a community, school, and church;

(6) the child's interests and talents;

(7) the child's relationship to current caretakers, parents, siblings, and relatives; and

(8) the reasonable preference of the child, if the court, or the child-placing agency
in the case of a voluntary placement, deems the child to be of sufficient age to express
preferences.

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest
possible time unless it is determined not to be in the best interests of a sibling or unless it
is not possible after appropriate efforts by the responsible social services agency.

new text begin (e) Except for emergency placements as provided for in section 245A.035, a
completed background study is required under section 245C.08 before the approval of a
foster placement in a related or unrelated home.
new text end

HF 1169

Bill Text Versions

Current Version - 1st Engrossment

ARTICLE 1

CHILD PLACEMENT AND WELFARE

Section 1.

Subd. 2.

Specific powers.

Sec. 2.

Subd. 3.

Child.

Sec. 3.

Subdivision 1.

Notice to commissioner; referral for postplacement assessment.

Sec. 4.

Subdivision 1.

Findings; orders.

Sec. 5.

Subd. 7.

Reimbursement of costs.

Sec. 6.

Subd. 8.

Reasons for deferral.

Sec. 7.

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY REUNIFICATION; REASONABLE EFFORTS.

Sec. 8.

Subd. 12.

Indian tribe.

Sec. 9.

Subd. 20.

Tribal court.

Sec. 10.

Subd. 7.

Identification of extended family members.

Sec. 11.

Subd. 5.

Identification of extended family members.

Sec. 12.

Subdivision 1.

Indian tribe jurisdiction.

Sec. 13.

Subd. 2.

Court determination of tribal affiliation of child.

Sec. 14.

new text begin [260.852] PLACEMENT PROCEDURES. new text end

new text begin Subdivision 1. new text end

new text begin Home study. new text end

new text begin Subd. 2. new text end

new text begin Effect of received report. new text end

new text begin Subd. 3. new text end

new text begin Resources. new text end

new text begin Subd. 4. new text end

new text begin Incentive eligibility. new text end

new text begin Subd. 5. new text end

new text begin Data requirements. new text end

new text begin Subd. 6. new text end

new text begin Definitions. new text end

new text begin Subd. 7. new text end

new text begin Background study requirements for adoption and foster care. new text end

new text begin Subd. 8. new text end

new text begin Home visits. new text end

Sec. 15.

Subd. 5.

Notice to foster parents and preadoptive parents and relatives.

Sec. 16.

Subdivision 1.

General.

Sec. 17.

Subd. 11.

Review of court-ordered placements; permanent placement determination.

Sec. 18.

Subdivision 1.

Out-of-home placement; plan.

Sec. 19.

Subd. 4.

Responsible social service agency's duties for children in placement.

Sec. 20.

Subd. 3.

Order; retention of jurisdiction.

Sec. 21.

260.012 DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY
REUNIFICATION; REASONABLE EFFORTS.

new text begin [260.852] PLACEMENT PROCEDURES.
new text end

Review of court-ordered placements; permanent placement
determination.

new text begin Agency responsibility for assessing or investigating reports of sexual
abuse. new text end

new text begin Law enforcement agency responsibility for investigating
maltreatment. new text end

Duties of local welfare agency and local law enforcement agency upon
receipt of a report.

deleted text begin Abuse outside family unitdeleted text end new text begin Law enforcement agency responsibility
for investigation; welfare agency reliance on law enforcement fact-finding; welfare
agency offer of servicesnew text end .

Sec. 27. new text begin REVISOR'S INSTRUCTION.
new text end

Sec. 28. new text begin REPEALER.
new text end

245A.035 deleted text begin RELATIVE FOSTER CARE;deleted text end new text begin UNLICENSEDnew text end EMERGENCY
deleted text begin LICENSEdeleted text end new text begin RELATIVE PLACEMENTnew text end .

Background studies conducted by commissioner of human
services.