HF 1352

2nd Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to children; child support and protection; 
  1.3             changing certain child support procedures and 
  1.4             requirements; making certain clarifications; 
  1.5             authorizing creation of an account; modifying 
  1.6             procedures for an emergency petition for domestic 
  1.7             child abuse; authorizing counties to establish 
  1.8             alternative responses to child maltreatment reports; 
  1.9             modifying definitions in the child abuse reporting 
  1.10            act; providing for the department of children, 
  1.11            families, and learning to investigate allegations of 
  1.12            child maltreatment in a school; providing for the 
  1.13            department of health to investigate alleged child 
  1.14            maltreatment by unlicensed home health care providers; 
  1.15            providing for information sharing under the child 
  1.16            abuse reporting act; providing for screening criteria 
  1.17            for maltreatment reports and criteria for use of 
  1.18            alternative programs; changing the child placement in 
  1.19            foster care law; requiring searches for relatives 
  1.20            after a child is placed in a residential facility; 
  1.21            amending provisions in the adoption assistance 
  1.22            program; amending adoption law; providing for review 
  1.23            of foster care status; authorizing additional 
  1.24            dispositions of children in need of protection or 
  1.25            services; amending Minnesota Statutes 1998, sections 
  1.26            13.46, subdivision 2; 256.01, subdivision 2; 256.87, 
  1.27            subdivision 1a; 256.978, subdivision 1; 256B.094 
  1.28            subdivisions 3, 5, and 6; 256F.03, subdivisions 5 and 
  1.29            8; 256F.10, subdivisions 1, 4, 6, 7, 8, and 10; 
  1.30            257.071, subdivisions 1, 1d, and 4; 257.62, 
  1.31            subdivision 5; 257.75, subdivision 2; 257.85, 
  1.32            subdivisions 2, 3, 7, 9, and 11; 259.67, subdivisions 
  1.33            6 and 7; 259.73; 259.85, subdivisions 2, 3, and 5; 
  1.34            259.89, by adding a subdivision; 260.012; 260.015, 
  1.35            subdivisions 2a, 13, 28, and 29; 260.131, subdivision 
  1.36            1a; 260.133, subdivisions 1 and 2; 260.135, by adding 
  1.37            a subdivision; 260.155, subdivisions 4 and 8; 260.172, 
  1.38            subdivision 1, and by adding a subdivision; 260.191, 
  1.39            subdivisions 1, 1b, and 3b; 260.192; 260.221, 
  1.40            subdivisions 1, 1b, 1c, 3, and 5; 518.10; 518.551, by 
  1.41            adding a subdivision; 518.57, subdivision 3; 518.5851, 
  1.42            by adding a subdivision; 518.5853, by adding a 
  1.43            subdivision; 518.64, subdivision 2; 548.09, 
  1.44            subdivision 1; 548.091, subdivisions 1, 1a, 2a, 3a, 4, 
  1.45            10, 11, 12, and by adding a subdivision; 552.05, 
  1.46            subdivision 10; 626.556, subdivisions 3, 4, 7, 10b, 
  2.1             10d, 10e, 10f, 10j, 11, 11b, 11c, and by adding a 
  2.2             subdivision; and 626.558, subdivision 2; Laws 1995, 
  2.3             chapter 257, article 1, section 35, subdivision 1; 
  2.4             proposing coding for new law in Minnesota Statutes, 
  2.5             chapters 518; and 626; repealing Minnesota Statutes 
  2.6             1998, section 548.091, subdivisions 3, 5, and 6. 
  2.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.8                              ARTICLE 1 
  2.9                            CHILD SUPPORT
  2.10     Section 1.  Minnesota Statutes 1998, section 13.46, 
  2.11  subdivision 2, is amended to read: 
  2.12     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
  2.13  a statute specifically provides a different classification, data 
  2.14  on individuals collected, maintained, used, or disseminated by 
  2.15  the welfare system is private data on individuals, and shall not 
  2.16  be disclosed except:  
  2.17     (1) according to section 13.05; 
  2.18     (2) according to court order; 
  2.19     (3) according to a statute specifically authorizing access 
  2.20  to the private data; 
  2.21     (4) to an agent of the welfare system, including a law 
  2.22  enforcement person, attorney, or investigator acting for it in 
  2.23  the investigation or prosecution of a criminal or civil 
  2.24  proceeding relating to the administration of a program; 
  2.25     (5) to personnel of the welfare system who require the data 
  2.26  to determine eligibility, amount of assistance, and the need to 
  2.27  provide services of additional programs to the individual; 
  2.28     (6) to administer federal funds or programs; 
  2.29     (7) between personnel of the welfare system working in the 
  2.30  same program; 
  2.31     (8) the amounts of cash public assistance and relief paid 
  2.32  to welfare recipients in this state, including their names, 
  2.33  social security numbers, income, addresses, and other data as 
  2.34  required, upon request by the department of revenue to 
  2.35  administer the property tax refund law, supplemental housing 
  2.36  allowance, early refund of refundable tax credits, and the 
  2.37  income tax.  "Refundable tax credits" means the dependent care 
  2.38  credit under section 290.067, the Minnesota working family 
  3.1   credit under section 290.0671, the property tax refund under 
  3.2   section 290A.04, and, if the required federal waiver or waivers 
  3.3   are granted, the federal earned income tax credit under section 
  3.4   32 of the Internal Revenue Code; 
  3.5      (9) between the department of human services and the 
  3.6   Minnesota department of economic security for the purpose of 
  3.7   monitoring the eligibility of the data subject for reemployment 
  3.8   insurance, for any employment or training program administered, 
  3.9   supervised, or certified by that agency, for the purpose of 
  3.10  administering any rehabilitation program, whether alone or in 
  3.11  conjunction with the welfare system, or to monitor and evaluate 
  3.12  the statewide Minnesota family investment program by exchanging 
  3.13  data on recipients and former recipients of food stamps, cash 
  3.14  assistance under chapter 256, 256D, 256J, or 256K, child care 
  3.15  assistance under chapter 119B, or medical programs under chapter 
  3.16  256B, 256D, or 256L; 
  3.17     (10) to appropriate parties in connection with an emergency 
  3.18  if knowledge of the information is necessary to protect the 
  3.19  health or safety of the individual or other individuals or 
  3.20  persons; 
  3.21     (11) data maintained by residential programs as defined in 
  3.22  section 245A.02 may be disclosed to the protection and advocacy 
  3.23  system established in this state according to Part C of Public 
  3.24  Law Number 98-527 to protect the legal and human rights of 
  3.25  persons with mental retardation or other related conditions who 
  3.26  live in residential facilities for these persons if the 
  3.27  protection and advocacy system receives a complaint by or on 
  3.28  behalf of that person and the person does not have a legal 
  3.29  guardian or the state or a designee of the state is the legal 
  3.30  guardian of the person; 
  3.31     (12) to the county medical examiner or the county coroner 
  3.32  for identifying or locating relatives or friends of a deceased 
  3.33  person; 
  3.34     (13) data on a child support obligor who makes payments to 
  3.35  the public agency may be disclosed to the higher education 
  3.36  services office to the extent necessary to determine eligibility 
  4.1   under section 136A.121, subdivision 2, clause (5); 
  4.2      (14) participant social security numbers and names 
  4.3   collected by the telephone assistance program may be disclosed 
  4.4   to the department of revenue to conduct an electronic data match 
  4.5   with the property tax refund database to determine eligibility 
  4.6   under section 237.70, subdivision 4a; 
  4.7      (15) the current address of a recipient of aid to families 
  4.8   with dependent children or Minnesota family investment 
  4.9   program-statewide may be disclosed to law enforcement officers 
  4.10  who provide the name of the recipient and notify the agency that:
  4.11     (i) the recipient: 
  4.12     (A) is a fugitive felon fleeing to avoid prosecution, or 
  4.13  custody or confinement after conviction, for a crime or attempt 
  4.14  to commit a crime that is a felony under the laws of the 
  4.15  jurisdiction from which the individual is fleeing; or 
  4.16     (B) is violating a condition of probation or parole imposed 
  4.17  under state or federal law; 
  4.18     (ii) the location or apprehension of the felon is within 
  4.19  the law enforcement officer's official duties; and 
  4.20     (iii)  the request is made in writing and in the proper 
  4.21  exercise of those duties; 
  4.22     (16) the current address of a recipient of general 
  4.23  assistance or general assistance medical care may be disclosed 
  4.24  to probation officers and corrections agents who are supervising 
  4.25  the recipient and to law enforcement officers who are 
  4.26  investigating the recipient in connection with a felony level 
  4.27  offense; 
  4.28     (17) information obtained from food stamp applicant or 
  4.29  recipient households may be disclosed to local, state, or 
  4.30  federal law enforcement officials, upon their written request, 
  4.31  for the purpose of investigating an alleged violation of the 
  4.32  Food Stamp Act, according to Code of Federal Regulations, title 
  4.33  7, section 272.1(c); 
  4.34     (18) the address, social security number, and, if 
  4.35  available, photograph of any member of a household receiving 
  4.36  food stamps shall be made available, on request, to a local, 
  5.1   state, or federal law enforcement officer if the officer 
  5.2   furnishes the agency with the name of the member and notifies 
  5.3   the agency that:  
  5.4      (i) the member: 
  5.5      (A) is fleeing to avoid prosecution, or custody or 
  5.6   confinement after conviction, for a crime or attempt to commit a 
  5.7   crime that is a felony in the jurisdiction the member is 
  5.8   fleeing; 
  5.9      (B) is violating a condition of probation or parole imposed 
  5.10  under state or federal law; or 
  5.11     (C) has information that is necessary for the officer to 
  5.12  conduct an official duty related to conduct described in subitem 
  5.13  (A) or (B); 
  5.14     (ii) locating or apprehending the member is within the 
  5.15  officer's official duties; and 
  5.16     (iii) the request is made in writing and in the proper 
  5.17  exercise of the officer's official duty; 
  5.18     (19) certain information regarding child support obligors 
  5.19  who are in arrears may be made public according to section 
  5.20  518.575; 
  5.21     (20) data on child support payments made by a child support 
  5.22  obligor and data on the distribution of those payments excluding 
  5.23  identifying information on obligees may be disclosed to all 
  5.24  obligees to whom the obligor owes support, and data on the 
  5.25  enforcement actions undertaken by the public authority, the 
  5.26  status of those actions, and data on the income of the obligor 
  5.27  or obligee may be disclosed to the other party; 
  5.28     (21) data in the work reporting system may be disclosed 
  5.29  under section 256.998, subdivision 7; 
  5.30     (22) to the department of children, families, and learning 
  5.31  for the purpose of matching department of children, families, 
  5.32  and learning student data with public assistance data to 
  5.33  determine students eligible for free and reduced price meals, 
  5.34  meal supplements, and free milk according to United States Code, 
  5.35  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
  5.36  produce accurate numbers of students receiving aid to families 
  6.1   with dependent children or Minnesota family investment 
  6.2   program-statewide as required by section 126C.06; to allocate 
  6.3   federal and state funds that are distributed based on income of 
  6.4   the student's family; and to verify receipt of energy assistance 
  6.5   for the telephone assistance plan; 
  6.6      (23) the current address and telephone number of program 
  6.7   recipients and emergency contacts may be released to the 
  6.8   commissioner of health or a local board of health as defined in 
  6.9   section 145A.02, subdivision 2, when the commissioner or local 
  6.10  board of health has reason to believe that a program recipient 
  6.11  is a disease case, carrier, suspect case, or at risk of illness, 
  6.12  and the data are necessary to locate the person; 
  6.13     (24) to other state agencies, statewide systems, and 
  6.14  political subdivisions of this state, including the attorney 
  6.15  general, and agencies of other states, interstate information 
  6.16  networks, federal agencies, and other entities as required by 
  6.17  federal regulation or law for the administration of the child 
  6.18  support enforcement program; 
  6.19     (25) to personnel of public assistance programs as defined 
  6.20  in section 256.741, for access to the child support system 
  6.21  database for the purpose of administration, including monitoring 
  6.22  and evaluation of those public assistance programs; or 
  6.23     (26) to monitor and evaluate the statewide Minnesota family 
  6.24  investment program by exchanging data between the departments of 
  6.25  human services and children, families, and learning, on 
  6.26  recipients and former recipients of food stamps, cash assistance 
  6.27  under chapter 256, 256D, 256J, or 256K, child care assistance 
  6.28  under chapter 119B, or medical programs under chapter 256B, 
  6.29  256D, or 256L; or 
  6.30     (27) to evaluate child support program performance and to 
  6.31  identify and prevent fraud in the child support program by 
  6.32  exchanging data between the department of human services, 
  6.33  department of revenue, department of health, department of 
  6.34  economic security, and other state agencies as is reasonably 
  6.35  necessary to perform these functions.  
  6.36     (b) Information on persons who have been treated for drug 
  7.1   or alcohol abuse may only be disclosed according to the 
  7.2   requirements of Code of Federal Regulations, title 42, sections 
  7.3   2.1 to 2.67. 
  7.4      (c) Data provided to law enforcement agencies under 
  7.5   paragraph (a), clause (15), (16), (17), or (18), or paragraph 
  7.6   (b), are investigative data and are confidential or protected 
  7.7   nonpublic while the investigation is active.  The data are 
  7.8   private after the investigation becomes inactive under section 
  7.9   13.82, subdivision 5, paragraph (a) or (b). 
  7.10     (d) Mental health data shall be treated as provided in 
  7.11  subdivisions 7, 8, and 9, but is not subject to the access 
  7.12  provisions of subdivision 10, paragraph (b). 
  7.13     Sec. 2.  Minnesota Statutes 1998, section 256.87, 
  7.14  subdivision 1a, is amended to read: 
  7.15     Subd. 1a.  [CONTINUING SUPPORT CONTRIBUTIONS.] In addition 
  7.16  to granting the county or state agency a money judgment, the 
  7.17  court may, upon a motion or order to show cause, order 
  7.18  continuing support contributions by a parent found able to 
  7.19  reimburse the county or state agency.  The order shall be 
  7.20  effective for the period of time during which the recipient 
  7.21  receives public assistance from any county or state agency and 
  7.22  thereafter.  The order shall require support according to 
  7.23  chapter 518 and include the names and social security numbers of 
  7.24  the father, mother, and the child or children.  An order for 
  7.25  continuing contributions is reinstated without further hearing 
  7.26  upon notice to the parent by any county or state agency that 
  7.27  public assistance, as defined in section 256.741, is again being 
  7.28  provided for the child of the parent.  The notice shall be in 
  7.29  writing and shall indicate that the parent may request a hearing 
  7.30  for modification of the amount of support or maintenance. 
  7.31     Sec. 3.  Minnesota Statutes 1998, section 256.978, 
  7.32  subdivision 1, is amended to read: 
  7.33     Subdivision 1.  [REQUEST FOR INFORMATION.] (a) The public 
  7.34  authority responsible for child support in this state or any 
  7.35  other state, in order to locate a person or to obtain 
  7.36  information necessary to establish paternity and child support 
  8.1   or to modify or enforce child support or distribute collections, 
  8.2   may request information reasonably necessary to the inquiry from 
  8.3   the records of (1) all departments, boards, bureaus, or other 
  8.4   agencies of this state, which shall, notwithstanding the 
  8.5   provisions of section 268.19 or any other law to the contrary, 
  8.6   provide the information necessary for this purpose.; and (2) 
  8.7   employers, utility companies, insurance companies, financial 
  8.8   institutions, credit grantors, and labor associations doing 
  8.9   business in this state.  They shall provide information as 
  8.10  provided under subdivision 2 a response upon written or 
  8.11  electronic request by an agency responsible for child support 
  8.12  enforcement regarding individuals owing or allegedly owing a 
  8.13  duty to support within 30 days of service of the request made by 
  8.14  the public authority.  Information requested and used or 
  8.15  transmitted by the commissioner according to the authority 
  8.16  conferred by this section may be made available to other 
  8.17  agencies, statewide systems, and political subdivisions of this 
  8.18  state, and agencies of other states, interstate information 
  8.19  networks, federal agencies, and other entities as required by 
  8.20  federal regulation or law for the administration of the child 
  8.21  support enforcement program.  
  8.22     (b) For purposes of this section, "state" includes the 
  8.23  District of Columbia, Puerto Rico, the United States Virgin 
  8.24  Islands, and any territory or insular possession subject to the 
  8.25  jurisdiction of the United States. 
  8.26     Sec. 4.  Minnesota Statutes 1998, section 257.62, 
  8.27  subdivision 5, is amended to read: 
  8.28     Subd. 5.  [POSITIVE TEST RESULTS.] (a) If the results of 
  8.29  blood or genetic tests completed in a laboratory accredited by 
  8.30  the American Association of Blood Banks indicate that the 
  8.31  likelihood of the alleged father's paternity, calculated with a 
  8.32  prior probability of no more than 0.5 (50 percent), is 92 
  8.33  percent or greater, upon motion the court shall order the 
  8.34  alleged father to pay temporary child support determined 
  8.35  according to chapter 518.  The alleged father shall pay the 
  8.36  support money to the public authority if the public authority is 
  9.1   a party and is providing services to the parties or, if not, 
  9.2   into court pursuant to the rules of civil procedure to await the 
  9.3   results of the paternity proceedings.  
  9.4      (b) If the results of blood or genetic tests completed in a 
  9.5   laboratory accredited by the American Association of Blood Banks 
  9.6   indicate that likelihood of the alleged father's paternity, 
  9.7   calculated with a prior probability of no more than 0.5 (50 
  9.8   percent), is 99 percent or greater, the alleged father is 
  9.9   presumed to be the parent and the party opposing the 
  9.10  establishment of the alleged father's paternity has the burden 
  9.11  of proving by clear and convincing evidence that the alleged 
  9.12  father is not the father of the child. 
  9.13     Sec. 5.  Minnesota Statutes 1998, section 257.75, 
  9.14  subdivision 2, is amended to read: 
  9.15     Subd. 2.  [REVOCATION OF RECOGNITION.] A recognition may be 
  9.16  revoked in a writing signed by the mother or father before a 
  9.17  notary public and filed with the state registrar of vital 
  9.18  statistics within the earlier of 30 60 days after the 
  9.19  recognition is executed or the date of an administrative or 
  9.20  judicial hearing relating to the child in which the revoking 
  9.21  party is a party to the related action.  A joinder in a 
  9.22  recognition may be revoked in a writing signed by the man who 
  9.23  executed the joinder and filed with the state registrar of vital 
  9.24  statistics within 30 60 days after the joinder is executed.  
  9.25  Upon receipt of a revocation of the recognition of parentage or 
  9.26  joinder in a recognition, the state registrar of vital 
  9.27  statistics shall forward a copy of the revocation to the 
  9.28  nonrevoking parent, or, in the case of a joinder in a 
  9.29  recognition, to the mother and father who executed the 
  9.30  recognition.  
  9.31     Sec. 6.  Minnesota Statutes 1998, section 518.10, is 
  9.32  amended to read: 
  9.33     518.10 [REQUISITES OF PETITION.] 
  9.34     The petition for dissolution of marriage or legal 
  9.35  separation shall state and allege: 
  9.36     (a) the name, address, and, in circumstances in which child 
 10.1   support or spousal maintenance will be addressed, social 
 10.2   security number of the petitioner and any prior or other name 
 10.3   used by the petitioner; 
 10.4      (b) the name and, if known, the address and, in 
 10.5   circumstances in which child support or spousal maintenance will 
 10.6   be addressed, social security number of the respondent and any 
 10.7   prior or other name used by the respondent and known to the 
 10.8   petitioner; 
 10.9      (c) the place and date of the marriage of the parties; 
 10.10     (d) in the case of a petition for dissolution, that either 
 10.11  the petitioner or the respondent or both:  
 10.12     (1) has resided in this state for not less than 180 days 
 10.13  immediately preceding the commencement of the proceeding, or 
 10.14     (2) has been a member of the armed services and has been 
 10.15  stationed in this state for not less than 180 days immediately 
 10.16  preceding the commencement of the proceeding, or 
 10.17     (3) has been a domiciliary of this state for not less than 
 10.18  180 days immediately preceding the commencement of the 
 10.19  proceeding; 
 10.20     (e) the name at the time of the petition and any prior or 
 10.21  other name, social security number, age and date of birth of 
 10.22  each living minor or dependent child of the parties born before 
 10.23  the marriage or born or adopted during the marriage and a 
 10.24  reference to, and the expected date of birth of, a child of the 
 10.25  parties conceived during the marriage but not born; 
 10.26     (f) whether or not a separate proceeding for dissolution, 
 10.27  legal separation, or custody is pending in a court in this state 
 10.28  or elsewhere; 
 10.29     (g) in the case of a petition for dissolution, that there 
 10.30  has been an irretrievable breakdown of the marriage 
 10.31  relationship; 
 10.32     (h) in the case of a petition for legal separation, that 
 10.33  there is a need for a decree of legal separation; 
 10.34     (i) any temporary or permanent maintenance, child support, 
 10.35  child custody, disposition of property, attorneys' fees, costs 
 10.36  and disbursements applied for without setting forth the amounts; 
 11.1   and 
 11.2      (j) whether an order for protection under chapter 518B or a 
 11.3   similar law of another state that governs the parties or a party 
 11.4   and a minor child of the parties is in effect and, if so, the 
 11.5   district court or similar jurisdiction in which it was entered. 
 11.6      The petition shall be verified by the petitioner or 
 11.7   petitioners, and its allegations established by competent 
 11.8   evidence. 
 11.9      Sec. 7.  [518.146] [SOCIAL SECURITY NUMBERS; TAX RETURNS; 
 11.10  IDENTITY PROTECTION.] 
 11.11     The social security numbers and tax returns required under 
 11.12  this chapter are private data, except that they must be 
 11.13  disclosed to the other parties to a proceeding. 
 11.14     Sec. 8.  Minnesota Statutes 1998, section 518.551, is 
 11.15  amended by adding a subdivision to read: 
 11.16     Subd. 15.  [LICENSE SUSPENSION.] (a) Upon motion of an 
 11.17  obligee or the public authority, which has been properly served 
 11.18  on the obligor by first class mail at the last known address or 
 11.19  in person, and if at a hearing, the court or an administrative 
 11.20  law judge finds (1) the obligor is in arrears in court-ordered 
 11.21  child support or maintenance payments, or both, in an amount 
 11.22  equal to or greater than three times the obligor's total monthly 
 11.23  support and maintenance payments and is not in compliance with a 
 11.24  written payment agreement regarding both current support and 
 11.25  arrearages, or (2) has failed, after receiving notice, to comply 
 11.26  with a subpoena relating to a paternity or child support 
 11.27  proceeding, the court or administrative law judge may direct the 
 11.28  commissioner of natural resources to suspend or bar receipt of 
 11.29  the obligor's recreational license or licenses. 
 11.30     (b) For the purposes of this subdivision, a recreational 
 11.31  license includes all licenses, permits, and stamps issued 
 11.32  centrally by the commissioner of natural resources under 
 11.33  sections 97B.301, 97B.401, 97B.501, 97B.515, 97B.601, 97B.715, 
 11.34  97B.721, 97B.801, 97C.301, and 97C.305. 
 11.35     (c) An obligor whose recreational license or licenses have 
 11.36  been suspended or barred may provide proof to the court or 
 12.1   administrative law judge that the obligor is in compliance with 
 12.2   all written payment agreements regarding both current support 
 12.3   and arrearages.  Within 15 days of receipt of that proof, the 
 12.4   court or administrative law judge may notify the commissioner of 
 12.5   natural resources that the obligor's recreational license or 
 12.6   licenses should no longer be suspended nor should receipt be 
 12.7   barred. 
 12.8      Sec. 9.  Minnesota Statutes 1998, section 518.57, 
 12.9   subdivision 3, is amended to read: 
 12.10     Subd. 3.  [SATISFACTION OF CHILD SUPPORT OBLIGATION.] The 
 12.11  court may must conclude that an obligor has satisfied a child 
 12.12  support obligation by providing a home, care, and support for 
 12.13  the child while the child is living with the obligor, if the 
 12.14  court finds that the child was integrated into the family of the 
 12.15  obligor with the consent or acquiescence of the obligee and 
 12.16  child support payments were not assigned to the public agency 
 12.17  under section 256.74. 
 12.18     Sec. 10.  Minnesota Statutes 1998, section 518.5851, is 
 12.19  amended by adding a subdivision to read: 
 12.20     Subd. 6.  [CREDITOR COLLECTIONS.] The central collections 
 12.21  unit under this section is not a third party under chapters 550, 
 12.22  552, and 571 for purposes of creditor collection efforts against 
 12.23  child support and maintenance order obligors or obligees, and 
 12.24  shall not be subject to creditor levy, attachment, or 
 12.25  garnishment. 
 12.26     Sec. 11.  Minnesota Statutes 1998, section 518.5853, is 
 12.27  amended by adding a subdivision to read: 
 12.28     Subd. 11.  [COLLECTIONS UNIT RECOUPMENT ACCOUNT.] The 
 12.29  commissioner of human services may establish a revolving account 
 12.30  to cover funds issued in error due to insufficient funds or 
 12.31  other reasons.  Appropriations for this purpose and all 
 12.32  recoupments against payments from the account shall be deposited 
 12.33  in the collections unit's recoupment account and are 
 12.34  appropriated to the commissioner.  Any unexpended balance in the 
 12.35  account does not cancel, but is available until expended. 
 12.36     Sec. 12.  Minnesota Statutes 1998, section 518.64, 
 13.1   subdivision 2, is amended to read: 
 13.2      Subd. 2.  [MODIFICATION.] (a) The terms of an order 
 13.3   respecting maintenance or support may be modified upon a showing 
 13.4   of one or more of the following:  (1) substantially increased or 
 13.5   decreased earnings of a party; (2) substantially increased or 
 13.6   decreased need of a party or the child or children that are the 
 13.7   subject of these proceedings; (3) receipt of assistance under 
 13.8   sections 256.72 to 256.87 or 256B.01 to 256B.40; (4) a change in 
 13.9   the cost of living for either party as measured by the federal 
 13.10  bureau of statistics, any of which makes the terms unreasonable 
 13.11  and unfair; (5) extraordinary medical expenses of the child not 
 13.12  provided for under section 518.171; or (6) the addition of 
 13.13  work-related or education-related child care expenses of the 
 13.14  obligee or a substantial increase or decrease in existing 
 13.15  work-related or education-related child care expenses.  
 13.16     On a motion to modify support, the needs of any child the 
 13.17  obligor has after the entry of the support order that is the 
 13.18  subject of a modification motion shall be considered as provided 
 13.19  by section 518.551, subdivision 5f. 
 13.20     (b) It is presumed that there has been a substantial change 
 13.21  in circumstances under paragraph (a) and the terms of a current 
 13.22  support order shall be rebuttably presumed to be unreasonable 
 13.23  and unfair if: 
 13.24     (1) the application of the child support guidelines in 
 13.25  section 518.551, subdivision 5, to the current circumstances of 
 13.26  the parties results in a calculated court order that is at least 
 13.27  20 percent and at least $50 per month higher or lower than the 
 13.28  current support order; 
 13.29     (2) the medical support provisions of the order established 
 13.30  under section 518.171 are not enforceable by the public 
 13.31  authority or the custodial parent; 
 13.32     (3) health coverage ordered under section 518.171 is not 
 13.33  available to the child for whom the order is established by the 
 13.34  parent ordered to provide; or 
 13.35     (4) the existing support obligation is in the form of a 
 13.36  statement of percentage and not a specific dollar amount.  
 14.1      (c) On a motion for modification of maintenance, including 
 14.2   a motion for the extension of the duration of a maintenance 
 14.3   award, the court shall apply, in addition to all other relevant 
 14.4   factors, the factors for an award of maintenance under section 
 14.5   518.552 that exist at the time of the motion.  On a motion for 
 14.6   modification of support, the court:  
 14.7      (1) shall apply section 518.551, subdivision 5, and shall 
 14.8   not consider the financial circumstances of each party's spouse, 
 14.9   if any; and 
 14.10     (2) shall not consider compensation received by a party for 
 14.11  employment in excess of a 40-hour work week, provided that the 
 14.12  party demonstrates, and the court finds, that: 
 14.13     (i) the excess employment began after entry of the existing 
 14.14  support order; 
 14.15     (ii) the excess employment is voluntary and not a condition 
 14.16  of employment; 
 14.17     (iii) the excess employment is in the nature of additional, 
 14.18  part-time employment, or overtime employment compensable by the 
 14.19  hour or fractions of an hour; 
 14.20     (iv) the party's compensation structure has not been 
 14.21  changed for the purpose of affecting a support or maintenance 
 14.22  obligation; 
 14.23     (v) in the case of an obligor, current child support 
 14.24  payments are at least equal to the guidelines amount based on 
 14.25  income not excluded under this clause; and 
 14.26     (vi) in the case of an obligor who is in arrears in child 
 14.27  support payments to the obligee, any net income from excess 
 14.28  employment must be used to pay the arrearages until the 
 14.29  arrearages are paid in full. 
 14.30     (d) A modification of support or maintenance, including 
 14.31  interest that accrued pursuant to section 548.091, may be made 
 14.32  retroactive only with respect to any period during which the 
 14.33  petitioning party has pending a motion for modification but only 
 14.34  from the date of service of notice of the motion on the 
 14.35  responding party and on the public authority if public 
 14.36  assistance is being furnished or the county attorney is the 
 15.1   attorney of record.  However, modification may be applied to an 
 15.2   earlier period if the court makes express findings that:  
 15.3      (1) the party seeking modification was precluded from 
 15.4   serving a motion by reason of a significant physical or mental 
 15.5   disability, a material misrepresentation of another party, or 
 15.6   fraud upon the court and that the party seeking modification, 
 15.7   when no longer precluded, promptly served a motion; 
 15.8      (2) the party seeking modification was a recipient of 
 15.9   federal Supplemental Security Income (SSI), Title II Older 
 15.10  Americans, Survivor's Disability Insurance (OASDI), other 
 15.11  disability benefits, or public assistance based upon need during 
 15.12  the period for which retroactive modification is sought; or 
 15.13     (3) the order for which the party seeks amendment was 
 15.14  entered by default, the party shows good cause for not 
 15.15  appearing, and the record contains no factual evidence, or 
 15.16  clearly erroneous evidence regarding the individual obligor's 
 15.17  ability to pay.  
 15.18     The court may provide that a reduction in the amount 
 15.19  allocated for child care expenses based on a substantial 
 15.20  decrease in the expenses is effective as of the date the 
 15.21  expenses decreased. 
 15.22     (e) Except for an award of the right of occupancy of the 
 15.23  homestead, provided in section 518.63, all divisions of real and 
 15.24  personal property provided by section 518.58 shall be final, and 
 15.25  may be revoked or modified only where the court finds the 
 15.26  existence of conditions that justify reopening a judgment under 
 15.27  the laws of this state, including motions under section 518.145, 
 15.28  subdivision 2.  The court may impose a lien or charge on the 
 15.29  divided property at any time while the property, or subsequently 
 15.30  acquired property, is owned by the parties or either of them, 
 15.31  for the payment of maintenance or support money, or may 
 15.32  sequester the property as is provided by section 518.24. 
 15.33     (f) The court need not hold an evidentiary hearing on a 
 15.34  motion for modification of maintenance or support. 
 15.35     (g) Section 518.14 shall govern the award of attorney fees 
 15.36  for motions brought under this subdivision. 
 16.1      Sec. 13.  Minnesota Statutes 1998, section 548.09, 
 16.2   subdivision 1, is amended to read: 
 16.3      Subdivision 1.  [ENTRY AND DOCKETING; SURVIVAL OF 
 16.4   JUDGMENT.] Except as provided in section 548.091, every judgment 
 16.5   requiring the payment of money shall be docketed entered by the 
 16.6   court administrator upon its entry when ordered by the court and 
 16.7   will be docketed by the court administrator upon the filing of 
 16.8   an affidavit as provided in subdivision 2.  Upon a transcript of 
 16.9   the docket being filed with the court administrator in any other 
 16.10  county, the court administrator shall also docket it.  From the 
 16.11  time of docketing the judgment is a lien, in the amount unpaid, 
 16.12  upon all real property in the county then or thereafter owned by 
 16.13  the judgment debtor, but it is not a lien upon registered land 
 16.14  unless it is also filed pursuant to sections 508.63 and 
 16.15  508A.63.  The judgment survives, and the lien continues, for ten 
 16.16  years after its entry.  Child support judgments may be 
 16.17  renewed by service of notice upon the debtor.  Service shall be 
 16.18  by certified mail at the last known address of the debtor or in 
 16.19  the manner provided for the service of civil process.  Upon the 
 16.20  filing of the notice and proof of service the court 
 16.21  administrator shall renew the judgment for child support without 
 16.22  any additional filing fee pursuant to section 548.091. 
 16.23     Sec. 14.  Minnesota Statutes 1998, section 548.091, 
 16.24  subdivision 1, is amended to read: 
 16.25     Subdivision 1.  [ENTRY AND DOCKETING OF MAINTENANCE 
 16.26  JUDGMENT.] (a) A judgment for unpaid amounts under a judgment or 
 16.27  decree of dissolution or legal separation that provides for 
 16.28  installment or periodic payments of maintenance shall be entered 
 16.29  and docketed by the court administrator only when ordered by the 
 16.30  court or shall be entered and docketed by the court 
 16.31  administrator when the following conditions are met:  
 16.32     (a) (1) the obligee determines that the obligor is at least 
 16.33  30 days in arrears; 
 16.34     (b) (2) the obligee serves a copy of an affidavit of 
 16.35  default and notice of intent to enter and docket judgment on the 
 16.36  obligor by first class mail at the obligor's last known post 
 17.1   office address.  Service shall be deemed complete upon mailing 
 17.2   in the manner designated.  The affidavit shall state the full 
 17.3   name, occupation, place of residence, and last known post office 
 17.4   address of the obligor, the name and post office address of the 
 17.5   obligee, the date of the first unpaid amount, the date of the 
 17.6   last unpaid amount, and the total amount unpaid; 
 17.7      (c) (3) the obligor fails within 20 days after mailing of 
 17.8   the notice either to pay all unpaid amounts or to request a 
 17.9   hearing on the issue of whether arrears claimed owing have been 
 17.10  paid and to seek, ex parte, a stay of entry of judgment; and 
 17.11     (d) (4) not less than 20 days after service on the obligor 
 17.12  in the manner provided, the obligee files with the court 
 17.13  administrator the affidavit of default together with proof of 
 17.14  service and, if payments have been received by the obligee since 
 17.15  execution of the affidavit of default, a supplemental affidavit 
 17.16  setting forth the amount of payment received and the amount for 
 17.17  which judgment is to be entered and docketed. 
 17.18     (b) A judgment entered and docketed under this subdivision 
 17.19  has the same effect and is subject to the same procedures, 
 17.20  defenses, and proceedings as any other judgment in district 
 17.21  court, and may be enforced or satisfied in the same manner as 
 17.22  judgments under section 548.09. 
 17.23     (c) An obligor whose property is subject to the lien of a 
 17.24  judgment for installment of periodic payments of maintenance 
 17.25  under section 548.09, and who claims that no amount of 
 17.26  maintenance is in arrears, may move the court ex parte for an 
 17.27  order directing the court administrator to vacate the lien of 
 17.28  the judgment on the docket and register of the action where it 
 17.29  was entered.  The obligor shall file with the motion an 
 17.30  affidavit stating: 
 17.31     (1) the lien attached upon the docketing of a judgment or 
 17.32  decree of dissolution or separate maintenance; 
 17.33     (2) the docket was made while no installment or periodic 
 17.34  payment of maintenance was unpaid or overdue; and 
 17.35     (3) no installment or periodic payment of maintenance that 
 17.36  was due prior to the filing of the motion remains unpaid or 
 18.1   overdue. 
 18.2      The court shall grant the obligor's motion as soon as 
 18.3   possible if the pleadings and affidavit show that there is and 
 18.4   has been no default.  
 18.5      Sec. 15.  Minnesota Statutes 1998, section 548.091, 
 18.6   subdivision 1a, is amended to read: 
 18.7      Subd. 1a.  [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] 
 18.8   (a) Any payment or installment of support required by a judgment 
 18.9   or decree of dissolution or legal separation, determination of 
 18.10  parentage, an order under chapter 518C, an order under section 
 18.11  256.87, or an order under section 260.251, that is not paid or 
 18.12  withheld from the obligor's income as required under section 
 18.13  518.6111, or which is ordered as child support by judgment, 
 18.14  decree, or order by a court in any other state, is a judgment by 
 18.15  operation of law on and after the date it is due and, is 
 18.16  entitled to full faith and credit in this state and any other 
 18.17  state, and shall be entered and docketed by the court 
 18.18  administrator on the filing of affidavits as provided in 
 18.19  subdivision 2a.  Except as otherwise provided by paragraph (b), 
 18.20  interest accrues from the date the unpaid amount due is greater 
 18.21  than the current support due at the annual rate provided in 
 18.22  section 549.09, subdivision 1, plus two percent, not to exceed 
 18.23  an annual rate of 18 percent.  A payment or installment of 
 18.24  support that becomes a judgment by operation of law between the 
 18.25  date on which a party served notice of a motion for modification 
 18.26  under section 518.64, subdivision 2, and the date of the court's 
 18.27  order on modification may be modified under that subdivision. 
 18.28     (b) Notwithstanding the provisions of section 549.09, upon 
 18.29  motion to the court and upon proof by the obligor of 36 
 18.30  consecutive months of complete and timely payments of both 
 18.31  current support and court-ordered paybacks of a child support 
 18.32  debt or arrearage, the court may order interest on the remaining 
 18.33  debt or arrearage to stop accruing.  Timely payments are those 
 18.34  made in the month in which they are due.  If, after that time, 
 18.35  the obligor fails to make complete and timely payments of both 
 18.36  current support and court-ordered paybacks of child support debt 
 19.1   or arrearage, the public authority or the obligee may move the 
 19.2   court for the reinstatement of interest as of the month in which 
 19.3   the obligor ceased making complete and timely payments. 
 19.4      The court shall provide copies of all orders issued under 
 19.5   this section to the public authority.  The commissioner of human 
 19.6   services shall prepare and make available to the court and the 
 19.7   parties forms to be submitted by the parties in support of a 
 19.8   motion under this paragraph. 
 19.9      (c) Notwithstanding the provisions of section 549.09, upon 
 19.10  motion to the court, the court may order interest on a child 
 19.11  support debt to stop accruing where the court finds that the 
 19.12  obligor is: 
 19.13     (1) unable to pay support because of a significant physical 
 19.14  or mental disability; or 
 19.15     (2) a recipient of Supplemental Security Income (SSI), 
 19.16  Title II Older Americans Survivor's Disability Insurance 
 19.17  (OASDI), other disability benefits, or public assistance based 
 19.18  upon need. 
 19.19     Sec. 16.  Minnesota Statutes 1998, section 548.091, 
 19.20  subdivision 2a, is amended to read: 
 19.21     Subd. 2a.  [ENTRY AND DOCKETING OF CHILD SUPPORT 
 19.22  JUDGMENT.] (a) On or after the date an unpaid amount becomes a 
 19.23  judgment by operation of law under subdivision 1a, the obligee 
 19.24  or the public authority may file with the court administrator, 
 19.25  either electronically or by other means: 
 19.26     (1) a statement identifying, or a copy of, the judgment or 
 19.27  decree of dissolution or legal separation, determination of 
 19.28  parentage, order under chapter 518B or 518C, an order under 
 19.29  section 256.87, an order under section 260.251, or judgment, 
 19.30  decree, or order for child support by a court in any other 
 19.31  state, which provides for periodic installments of child 
 19.32  support, or a judgment or notice of attorney fees and collection 
 19.33  costs under section 518.14, subdivision 2; 
 19.34     (2) an affidavit of default.  The affidavit of default must 
 19.35  state the full name, occupation, place of residence, and last 
 19.36  known post office address of the obligor, the name and post 
 20.1   office address of the obligee, the date or dates payment was due 
 20.2   and not received and judgment was obtained by operation of law, 
 20.3   the total amount of the judgments to the date of filing, and the 
 20.4   amount and frequency of the periodic installments of child 
 20.5   support that will continue to become due and payable subsequent 
 20.6   to the date of filing be entered and docketed; and 
 20.7      (3) an affidavit of service of a notice of intent to enter 
 20.8   and docket judgment and to recover attorney fees and collection 
 20.9   costs on the obligor, in person or by first class mail at the 
 20.10  obligor's last known post office address.  Service is completed 
 20.11  upon mailing in the manner designated.  Where applicable, a 
 20.12  notice of interstate lien in the form promulgated under United 
 20.13  States Code, title 42, section 652(a), is sufficient to satisfy 
 20.14  the requirements of clauses (1) and (2). 
 20.15     (b) A judgment entered and docketed under this subdivision 
 20.16  has the same effect and is subject to the same procedures, 
 20.17  defenses, and proceedings as any other judgment in district 
 20.18  court, and may be enforced or satisfied in the same manner as 
 20.19  judgments under section 548.09, except as otherwise provided. 
 20.20     Sec. 17.  Minnesota Statutes 1998, section 548.091, 
 20.21  subdivision 3a, is amended to read: 
 20.22     Subd. 3a.  [ENTRY, DOCKETING, AND SURVIVAL OF CHILD SUPPORT 
 20.23  JUDGMENT.] Upon receipt of the documents filed under subdivision 
 20.24  2a, the court administrator shall enter and docket the judgment 
 20.25  in the amount of the unpaid obligation identified in the 
 20.26  affidavit of default. and note the amount and frequency of the 
 20.27  periodic installments of child support that will continue to 
 20.28  become due and payable after the date of docketing.  From the 
 20.29  time of docketing, the judgment is a lien upon all the real 
 20.30  property in the county owned by the judgment debtor, but it is 
 20.31  not a lien on registered land unless the obligee or the public 
 20.32  authority causes a notice of judgment lien or certified copy of 
 20.33  the judgment to be memorialized on the certificate of title or 
 20.34  certificate of possessory title under section 508.63 or 
 20.35  508A.63.  The judgment survives and the lien continues for ten 
 20.36  years after the date the judgment was docketed.  
 21.1      Subd. 3b.  [CHILD SUPPORT JUDGMENT ADMINISTRATIVE 
 21.2   RENEWALS.] Child support judgments may be renewed by service of 
 21.3   notice upon the debtor.  Service shall must be by certified 
 21.4   first class mail at the last known address of the debtor, with 
 21.5   service deemed complete upon mailing in the manner designated, 
 21.6   or in the manner provided for the service of civil process.  
 21.7   Upon the filing of the notice and proof of service, the court 
 21.8   administrator shall administratively renew the judgment for 
 21.9   child support without any additional filing fee in the same 
 21.10  court file as the original child support judgment.  The judgment 
 21.11  must be renewed in an amount equal to the unpaid principle plus 
 21.12  the accrued unpaid interest.  Child support judgments may be 
 21.13  renewed multiple times until paid. 
 21.14     Sec. 18.  Minnesota Statutes 1998, section 548.091, 
 21.15  subdivision 4, is amended to read: 
 21.16     Subd. 4.  [CHILD SUPPORT HEARING.] A child support obligor 
 21.17  may request a hearing under the rules of civil procedure on the 
 21.18  issue of whether the judgment amount or amounts have been paid 
 21.19  and may move the court for an order directing the court 
 21.20  administrator to vacate or modify the judgment or judgments on 
 21.21  the docket and register in any county or other jurisdiction in 
 21.22  which judgment or judgments were entered pursuant to this action.
 21.23     The court shall grant the obligor's motion if it determines 
 21.24  that there is no default. 
 21.25     Sec. 19.  Minnesota Statutes 1998, section 548.091, is 
 21.26  amended by adding a subdivision to read: 
 21.27     Subd. 5a.  [ADDITIONAL CHILD SUPPORT JUDGMENTS.] As child 
 21.28  support payments continue to become due and are unpaid, 
 21.29  additional judgments may be entered and docketed by following 
 21.30  the procedures in subdivision 1a.  Each judgment entered and 
 21.31  docketed for unpaid child support payments must be treated as a 
 21.32  distinct judgment for purposes of enforcement and satisfaction. 
 21.33     Sec. 20.  Minnesota Statutes 1998, section 548.091, 
 21.34  subdivision 10, is amended to read: 
 21.35     Subd. 10.  [RELEASE OF LIEN.] Upon payment of the amount 
 21.36  due under subdivision 5, the public authority shall execute and 
 22.1   deliver a satisfaction of the judgment lien within five business 
 22.2   days. 
 22.3      Sec. 21.  Minnesota Statutes 1998, section 548.091, 
 22.4   subdivision 11, is amended to read: 
 22.5      Subd. 11.  [SPECIAL PROCEDURES.] The public authority shall 
 22.6   negotiate a release of lien on specific property for less than 
 22.7   the full amount due where the proceeds of a sale or financing, 
 22.8   less reasonable and necessary closing expenses, are not 
 22.9   sufficient to satisfy all encumbrances on the liened property.  
 22.10  Partial releases do not release the obligor's personal liability 
 22.11  for the amount unpaid.  A partial satisfaction for the amount 
 22.12  received must be filed with the court administrator. 
 22.13     Sec. 22.  Minnesota Statutes 1998, section 548.091, 
 22.14  subdivision 12, is amended to read: 
 22.15     Subd. 12.  [CORRECTING ERRORS.] The public authority shall 
 22.16  maintain a process to review the identity of the obligor and to 
 22.17  issue releases of lien in cases of misidentification.  The 
 22.18  public authority shall maintain a process to review the amount 
 22.19  of child support determined to be delinquent and to issue 
 22.20  amended notices of judgment lien in cases of incorrectly 
 22.21  docketed judgments arising by operation of law.  The public 
 22.22  authority may move the court for an order to amend the judgment 
 22.23  when the amount of judgment entered and docketed is incorrect. 
 22.24     Sec. 23.  Minnesota Statutes 1998, section 552.05, 
 22.25  subdivision 10, is amended to read: 
 22.26     Subd. 10.  [FORMS.] The commissioner of human services 
 22.27  shall develop statutory forms for use as required under this 
 22.28  chapter.  In developing these forms, the commissioner shall 
 22.29  consult with the attorney general, representatives of financial 
 22.30  institutions, and legal services.  The commissioner shall report 
 22.31  back to the legislature by February 1, 1998, with recommended 
 22.32  forms to be included in this chapter.  The supreme court is 
 22.33  requested to develop forms for use in proceedings under this 
 22.34  chapter.  
 22.35     Sec. 24.  Laws 1995, chapter 257, article 1, section 35, 
 22.36  subdivision 1, is amended to read: 
 23.1      Subdivision 1.  [CHILD SUPPORT ASSURANCE.] The commissioner 
 23.2   of human services shall seek a waiver from the secretary of the 
 23.3   United States Department of Health and Human Services to enable 
 23.4   the department of human services to operate a demonstration 
 23.5   project of child support assurance.  The commissioner shall seek 
 23.6   authority from the legislature to implement a demonstration 
 23.7   project of child support assurance when enhanced federal funds 
 23.8   become available for this purpose.  The department of human 
 23.9   services shall continue to plan a demonstration project of child 
 23.10  support assurance by administering the grant awarded under the 
 23.11  federal program entitled "Developing a Plan for a Child Support 
 23.12  Assurance Program."  
 23.13     Sec. 25.  [REPEALER.] 
 23.14     Minnesota Statutes 1998, section 548.091, subdivisions 3, 
 23.15  5, and 6, are repealed. 
 23.16                             ARTICLE 2 
 23.17                          CHILD PROTECTION
 23.18     Section 1.  Minnesota Statutes 1998, section 256.01, 
 23.19  subdivision 2, is amended to read: 
 23.20     Subd. 2.  [SPECIFIC POWERS.] Subject to the provisions of 
 23.21  section 241.021, subdivision 2, the commissioner of human 
 23.22  services shall: 
 23.23     (1) Administer and supervise all forms of public assistance 
 23.24  provided for by state law and other welfare activities or 
 23.25  services as are vested in the commissioner.  Administration and 
 23.26  supervision of human services activities or services includes, 
 23.27  but is not limited to, assuring timely and accurate distribution 
 23.28  of benefits, completeness of service, and quality program 
 23.29  management.  In addition to administering and supervising human 
 23.30  services activities vested by law in the department, the 
 23.31  commissioner shall have the authority to: 
 23.32     (a) require county agency participation in training and 
 23.33  technical assistance programs to promote compliance with 
 23.34  statutes, rules, federal laws, regulations, and policies 
 23.35  governing human services; 
 23.36     (b) monitor, on an ongoing basis, the performance of county 
 24.1   agencies in the operation and administration of human services, 
 24.2   enforce compliance with statutes, rules, federal laws, 
 24.3   regulations, and policies governing welfare services and promote 
 24.4   excellence of administration and program operation; 
 24.5      (c) develop a quality control program or other monitoring 
 24.6   program to review county performance and accuracy of benefit 
 24.7   determinations; 
 24.8      (d) require county agencies to make an adjustment to the 
 24.9   public assistance benefits issued to any individual consistent 
 24.10  with federal law and regulation and state law and rule and to 
 24.11  issue or recover benefits as appropriate; 
 24.12     (e) delay or deny payment of all or part of the state and 
 24.13  federal share of benefits and administrative reimbursement 
 24.14  according to the procedures set forth in section 256.017; 
 24.15     (f) make contracts with and grants to public and private 
 24.16  agencies and organizations, both profit and nonprofit, and 
 24.17  individuals, using appropriated funds; and 
 24.18     (g) enter into contractual agreements with federally 
 24.19  recognized Indian tribes with a reservation in Minnesota to the 
 24.20  extent necessary for the tribe to operate a federally approved 
 24.21  family assistance program or any other program under the 
 24.22  supervision of the commissioner.  The commissioner shall consult 
 24.23  with the affected county or counties in the contractual 
 24.24  agreement negotiations, if the county or counties wish to be 
 24.25  included, in order to avoid the duplication of county and tribal 
 24.26  assistance program services.  The commissioner may establish 
 24.27  necessary accounts for the purposes of receiving and disbursing 
 24.28  funds as necessary for the operation of the programs. 
 24.29     (2) Inform county agencies, on a timely basis, of changes 
 24.30  in statute, rule, federal law, regulation, and policy necessary 
 24.31  to county agency administration of the programs. 
 24.32     (3) Administer and supervise all child welfare activities; 
 24.33  promote the enforcement of laws protecting handicapped, 
 24.34  dependent, neglected and delinquent children, and children born 
 24.35  to mothers who were not married to the children's fathers at the 
 24.36  times of the conception nor at the births of the children; 
 25.1   license and supervise child-caring and child-placing agencies 
 25.2   and institutions; supervise the care of children in boarding and 
 25.3   foster homes or in private institutions; and generally perform 
 25.4   all functions relating to the field of child welfare now vested 
 25.5   in the state board of control. 
 25.6      (4) Administer and supervise all noninstitutional service 
 25.7   to handicapped persons, including those who are visually 
 25.8   impaired, hearing impaired, or physically impaired or otherwise 
 25.9   handicapped.  The commissioner may provide and contract for the 
 25.10  care and treatment of qualified indigent children in facilities 
 25.11  other than those located and available at state hospitals when 
 25.12  it is not feasible to provide the service in state hospitals. 
 25.13     (5) Assist and actively cooperate with other departments, 
 25.14  agencies and institutions, local, state, and federal, by 
 25.15  performing services in conformity with the purposes of Laws 
 25.16  1939, chapter 431. 
 25.17     (6) Act as the agent of and cooperate with the federal 
 25.18  government in matters of mutual concern relative to and in 
 25.19  conformity with the provisions of Laws 1939, chapter 431, 
 25.20  including the administration of any federal funds granted to the 
 25.21  state to aid in the performance of any functions of the 
 25.22  commissioner as specified in Laws 1939, chapter 431, and 
 25.23  including the promulgation of rules making uniformly available 
 25.24  medical care benefits to all recipients of public assistance, at 
 25.25  such times as the federal government increases its participation 
 25.26  in assistance expenditures for medical care to recipients of 
 25.27  public assistance, the cost thereof to be borne in the same 
 25.28  proportion as are grants of aid to said recipients. 
 25.29     (7) Establish and maintain any administrative units 
 25.30  reasonably necessary for the performance of administrative 
 25.31  functions common to all divisions of the department. 
 25.32     (8) Act as designated guardian of both the estate and the 
 25.33  person of all the wards of the state of Minnesota, whether by 
 25.34  operation of law or by an order of court, without any further 
 25.35  act or proceeding whatever, except as to persons committed as 
 25.36  mentally retarded.  For children under the guardianship of the 
 26.1   commissioner whose interests would be best served by adoptive 
 26.2   placement, the commissioner may contract with a licensed 
 26.3   child-placing agency to provide adoption services.  A contract 
 26.4   with a licensed child-placing agency must be designed to 
 26.5   supplement existing county efforts and may not replace existing 
 26.6   county programs, unless the replacement is agreed to by the 
 26.7   county board and the appropriate exclusive bargaining 
 26.8   representative or the commissioner has evidence that child 
 26.9   placements of the county continue to be substantially below that 
 26.10  of other counties.  Funds encumbered and obligated under an 
 26.11  agreement for a specific child shall remain available until the 
 26.12  terms of the agreement are fulfilled or the agreement is 
 26.13  terminated. 
 26.14     (9) Act as coordinating referral and informational center 
 26.15  on requests for service for newly arrived immigrants coming to 
 26.16  Minnesota. 
 26.17     (10) The specific enumeration of powers and duties as 
 26.18  hereinabove set forth shall in no way be construed to be a 
 26.19  limitation upon the general transfer of powers herein contained. 
 26.20     (11) Establish county, regional, or statewide schedules of 
 26.21  maximum fees and charges which may be paid by county agencies 
 26.22  for medical, dental, surgical, hospital, nursing and nursing 
 26.23  home care and medicine and medical supplies under all programs 
 26.24  of medical care provided by the state and for congregate living 
 26.25  care under the income maintenance programs. 
 26.26     (12) Have the authority to conduct and administer 
 26.27  experimental projects to test methods and procedures of 
 26.28  administering assistance and services to recipients or potential 
 26.29  recipients of public welfare.  To carry out such experimental 
 26.30  projects, it is further provided that the commissioner of human 
 26.31  services is authorized to waive the enforcement of existing 
 26.32  specific statutory program requirements, rules, and standards in 
 26.33  one or more counties.  The order establishing the waiver shall 
 26.34  provide alternative methods and procedures of administration, 
 26.35  shall not be in conflict with the basic purposes, coverage, or 
 26.36  benefits provided by law, and in no event shall the duration of 
 27.1   a project exceed four years.  It is further provided that no 
 27.2   order establishing an experimental project as authorized by the 
 27.3   provisions of this section shall become effective until the 
 27.4   following conditions have been met: 
 27.5      (a) The secretary of health, education, and welfare of the 
 27.6   United States has agreed, for the same project, to waive state 
 27.7   plan requirements relative to statewide uniformity. 
 27.8      (b) A comprehensive plan, including estimated project 
 27.9   costs, shall be approved by the legislative advisory commission 
 27.10  and filed with the commissioner of administration.  
 27.11     (13) According to federal requirements, establish 
 27.12  procedures to be followed by local welfare boards in creating 
 27.13  citizen advisory committees, including procedures for selection 
 27.14  of committee members. 
 27.15     (14) Allocate federal fiscal disallowances or sanctions 
 27.16  which are based on quality control error rates for the aid to 
 27.17  families with dependent children, Minnesota family investment 
 27.18  program-statewide, medical assistance, or food stamp program in 
 27.19  the following manner:  
 27.20     (a) One-half of the total amount of the disallowance shall 
 27.21  be borne by the county boards responsible for administering the 
 27.22  programs.  For the medical assistance, MFIP-S, and AFDC 
 27.23  programs, disallowances shall be shared by each county board in 
 27.24  the same proportion as that county's expenditures for the 
 27.25  sanctioned program are to the total of all counties' 
 27.26  expenditures for the AFDC, MFIP-S, and medical assistance 
 27.27  programs.  For the food stamp program, sanctions shall be shared 
 27.28  by each county board, with 50 percent of the sanction being 
 27.29  distributed to each county in the same proportion as that 
 27.30  county's administrative costs for food stamps are to the total 
 27.31  of all food stamp administrative costs for all counties, and 50 
 27.32  percent of the sanctions being distributed to each county in the 
 27.33  same proportion as that county's value of food stamp benefits 
 27.34  issued are to the total of all benefits issued for all 
 27.35  counties.  Each county shall pay its share of the disallowance 
 27.36  to the state of Minnesota.  When a county fails to pay the 
 28.1   amount due hereunder, the commissioner may deduct the amount 
 28.2   from reimbursement otherwise due the county, or the attorney 
 28.3   general, upon the request of the commissioner, may institute 
 28.4   civil action to recover the amount due. 
 28.5      (b) Notwithstanding the provisions of paragraph (a), if the 
 28.6   disallowance results from knowing noncompliance by one or more 
 28.7   counties with a specific program instruction, and that knowing 
 28.8   noncompliance is a matter of official county board record, the 
 28.9   commissioner may require payment or recover from the county or 
 28.10  counties, in the manner prescribed in paragraph (a), an amount 
 28.11  equal to the portion of the total disallowance which resulted 
 28.12  from the noncompliance, and may distribute the balance of the 
 28.13  disallowance according to paragraph (a).  
 28.14     (15) Develop and implement special projects that maximize 
 28.15  reimbursements and result in the recovery of money to the 
 28.16  state.  For the purpose of recovering state money, the 
 28.17  commissioner may enter into contracts with third parties.  Any 
 28.18  recoveries that result from projects or contracts entered into 
 28.19  under this paragraph shall be deposited in the state treasury 
 28.20  and credited to a special account until the balance in the 
 28.21  account reaches $1,000,000.  When the balance in the account 
 28.22  exceeds $1,000,000, the excess shall be transferred and credited 
 28.23  to the general fund.  All money in the account is appropriated 
 28.24  to the commissioner for the purposes of this paragraph. 
 28.25     (16) Have the authority to make direct payments to 
 28.26  facilities providing shelter to women and their children 
 28.27  according to section 256D.05, subdivision 3.  Upon the written 
 28.28  request of a shelter facility that has been denied payments 
 28.29  under section 256D.05, subdivision 3, the commissioner shall 
 28.30  review all relevant evidence and make a determination within 30 
 28.31  days of the request for review regarding issuance of direct 
 28.32  payments to the shelter facility.  Failure to act within 30 days 
 28.33  shall be considered a determination not to issue direct payments.
 28.34     (17) Have the authority to establish and enforce the 
 28.35  following county reporting requirements:  
 28.36     (a) The commissioner shall establish fiscal and statistical 
 29.1   reporting requirements necessary to account for the expenditure 
 29.2   of funds allocated to counties for human services programs.  
 29.3   When establishing financial and statistical reporting 
 29.4   requirements, the commissioner shall evaluate all reports, in 
 29.5   consultation with the counties, to determine if the reports can 
 29.6   be simplified or the number of reports can be reduced. 
 29.7      (b) The county board shall submit monthly or quarterly 
 29.8   reports to the department as required by the commissioner.  
 29.9   Monthly reports are due no later than 15 working days after the 
 29.10  end of the month.  Quarterly reports are due no later than 30 
 29.11  calendar days after the end of the quarter, unless the 
 29.12  commissioner determines that the deadline must be shortened to 
 29.13  20 calendar days to avoid jeopardizing compliance with federal 
 29.14  deadlines or risking a loss of federal funding.  Only reports 
 29.15  that are complete, legible, and in the required format shall be 
 29.16  accepted by the commissioner.  
 29.17     (c) If the required reports are not received by the 
 29.18  deadlines established in clause (b), the commissioner may delay 
 29.19  payments and withhold funds from the county board until the next 
 29.20  reporting period.  When the report is needed to account for the 
 29.21  use of federal funds and the late report results in a reduction 
 29.22  in federal funding, the commissioner shall withhold from the 
 29.23  county boards with late reports an amount equal to the reduction 
 29.24  in federal funding until full federal funding is received.  
 29.25     (d) A county board that submits reports that are late, 
 29.26  illegible, incomplete, or not in the required format for two out 
 29.27  of three consecutive reporting periods is considered 
 29.28  noncompliant.  When a county board is found to be noncompliant, 
 29.29  the commissioner shall notify the county board of the reason the 
 29.30  county board is considered noncompliant and request that the 
 29.31  county board develop a corrective action plan stating how the 
 29.32  county board plans to correct the problem.  The corrective 
 29.33  action plan must be submitted to the commissioner within 45 days 
 29.34  after the date the county board received notice of noncompliance.
 29.35     (e) The final deadline for fiscal reports or amendments to 
 29.36  fiscal reports is one year after the date the report was 
 30.1   originally due.  If the commissioner does not receive a report 
 30.2   by the final deadline, the county board forfeits the funding 
 30.3   associated with the report for that reporting period and the 
 30.4   county board must repay any funds associated with the report 
 30.5   received for that reporting period. 
 30.6      (f) The commissioner may not delay payments, withhold 
 30.7   funds, or require repayment under paragraph (c) or (e) if the 
 30.8   county demonstrates that the commissioner failed to provide 
 30.9   appropriate forms, guidelines, and technical assistance to 
 30.10  enable the county to comply with the requirements.  If the 
 30.11  county board disagrees with an action taken by the commissioner 
 30.12  under paragraph (c) or (e), the county board may appeal the 
 30.13  action according to sections 14.57 to 14.69. 
 30.14     (g) Counties subject to withholding of funds under 
 30.15  paragraph (c) or forfeiture or repayment of funds under 
 30.16  paragraph (e) shall not reduce or withhold benefits or services 
 30.17  to clients to cover costs incurred due to actions taken by the 
 30.18  commissioner under paragraph (c) or (e). 
 30.19     (18) Allocate federal fiscal disallowances or sanctions for 
 30.20  audit exceptions when federal fiscal disallowances or sanctions 
 30.21  are based on a statewide random sample for the foster care 
 30.22  program under title IV-E of the Social Security Act, United 
 30.23  States Code, title 42, in direct proportion to each county's 
 30.24  title IV-E foster care maintenance claim for that period. 
 30.25     (19) Be responsible for ensuring the detection, prevention, 
 30.26  investigation, and resolution of fraudulent activities or 
 30.27  behavior by applicants, recipients, and other participants in 
 30.28  the human services programs administered by the department. 
 30.29     (20) Require county agencies to identify overpayments, 
 30.30  establish claims, and utilize all available and cost-beneficial 
 30.31  methodologies to collect and recover these overpayments in the 
 30.32  human services programs administered by the department. 
 30.33     (21) Have the authority to administer a drug rebate program 
 30.34  for drugs purchased pursuant to the senior citizen drug program 
 30.35  established under section 256.955 after the beneficiary's 
 30.36  satisfaction of any deductible established in the program.  The 
 31.1   commissioner shall require a rebate agreement from all 
 31.2   manufacturers of covered drugs as defined in section 256B.0625, 
 31.3   subdivision 13.  For each drug, the amount of the rebate shall 
 31.4   be equal to the basic rebate as defined for purposes of the 
 31.5   federal rebate program in United States Code, title 42, section 
 31.6   1396r-8(c)(1).  This basic rebate shall be applied to 
 31.7   single-source and multiple-source drugs.  The manufacturers must 
 31.8   provide full payment within 30 days of receipt of the state 
 31.9   invoice for the rebate within the terms and conditions used for 
 31.10  the federal rebate program established pursuant to section 1927 
 31.11  of title XIX of the Social Security Act.  The manufacturers must 
 31.12  provide the commissioner with any information necessary to 
 31.13  verify the rebate determined per drug.  The rebate program shall 
 31.14  utilize the terms and conditions used for the federal rebate 
 31.15  program established pursuant to section 1927 of title XIX of the 
 31.16  Social Security Act. 
 31.17     Sec. 2.  Minnesota Statutes 1998, section 256B.094, 
 31.18  subdivision 3, is amended to read: 
 31.19     Subd. 3.  [COORDINATION AND PROVISION OF SERVICES.] (a) In 
 31.20  a county or reservation where a prepaid medical assistance 
 31.21  provider has contracted under section 256B.031 or 256B.69 to 
 31.22  provide mental health services, the case management provider 
 31.23  shall coordinate with the prepaid provider to ensure that all 
 31.24  necessary mental health services required under the contract are 
 31.25  provided to recipients of case management services. 
 31.26     (b) When the case management provider determines that a 
 31.27  prepaid provider is not providing mental health services as 
 31.28  required under the contract, the case management provider shall 
 31.29  assist the recipient to appeal the prepaid provider's denial 
 31.30  pursuant to section 256.045, and may make other arrangements for 
 31.31  provision of the covered services.  
 31.32     (c) The case management provider may bill the provider of 
 31.33  prepaid health care services for any mental health services 
 31.34  provided to a recipient of case management services which the 
 31.35  county or tribal social services arranges for or provides and 
 31.36  which are included in the prepaid provider's contract, and which 
 32.1   were determined to be medically necessary as a result of an 
 32.2   appeal pursuant to section 256.045.  The prepaid provider must 
 32.3   reimburse the mental health provider, at the prepaid provider's 
 32.4   standard rate for that service, for any services delivered under 
 32.5   this subdivision. 
 32.6      (d) If the county or tribal social services has not 
 32.7   obtained prior authorization for this service, or an appeal 
 32.8   results in a determination that the services were not medically 
 32.9   necessary, the county or tribal social services may not seek 
 32.10  reimbursement from the prepaid provider. 
 32.11     Sec. 3.  Minnesota Statutes 1998, section 256B.094, 
 32.12  subdivision 5, is amended to read: 
 32.13     Subd. 5.  [CASE MANAGER.] To provide case management 
 32.14  services, a case manager must be employed or contracted by and 
 32.15  authorized by the case management provider to provide case 
 32.16  management services and meet all requirements under section 
 32.17  256F.10. 
 32.18     Sec. 4.  Minnesota Statutes 1998, section 256B.094, 
 32.19  subdivision 6, is amended to read: 
 32.20     Subd. 6.  [MEDICAL ASSISTANCE REIMBURSEMENT OF CASE 
 32.21  MANAGEMENT SERVICES.] (a) Medical assistance reimbursement for 
 32.22  services under this section shall be made on a monthly basis.  
 32.23  Payment is based on face-to-face or telephone contacts between 
 32.24  the case manager and the client, client's family, primary 
 32.25  caregiver, legal representative, or other relevant person 
 32.26  identified as necessary to the development or implementation of 
 32.27  the goals of the individual service plan regarding the status of 
 32.28  the client, the individual service plan, or the goals for the 
 32.29  client.  These contacts must meet the minimum standards in 
 32.30  clauses (1) and (2):  
 32.31     (1) there must be a face-to-face contact at least once a 
 32.32  month except as provided in clause (2); and 
 32.33     (2) for a client placed outside of the county of financial 
 32.34  responsibility in an excluded time facility under section 
 32.35  256G.02, subdivision 6, or through the Interstate Compact on the 
 32.36  Placement of Children, section 257.40, and the placement in 
 33.1   either case is more than 60 miles beyond the county boundaries, 
 33.2   there must be at least one contact per month and not more than 
 33.3   two consecutive months without a face-to-face contact. 
 33.4      (b) Except as provided under paragraph (c), the payment 
 33.5   rate is established using time study data on activities of 
 33.6   provider service staff and reports required under sections 
 33.7   245.482, 256.01, subdivision 2, paragraph (17), and 256E.08, 
 33.8   subdivision 8. 
 33.9      (c) For tribes payments may be in accordance with section 
 33.10  256B.0625 for child welfare targeted case management provided by 
 33.11  Indian health services and facilities operated by a tribe or 
 33.12  tribal organization. 
 33.13     (d) Payment for case management provided by county or 
 33.14  tribal social services contracted vendors shall be based on a 
 33.15  monthly rate negotiated by the host county or tribal social 
 33.16  services.  The negotiated rate must not exceed the rate charged 
 33.17  by the vendor for the same service to other payers.  If the 
 33.18  service is provided by a team of contracted vendors, the county 
 33.19  or tribal social services may negotiate a team rate with a 
 33.20  vendor who is a member of the team.  The team shall determine 
 33.21  how to distribute the rate among its members.  No reimbursement 
 33.22  received by contracted vendors shall be returned to the county 
 33.23  or tribal social services, except to reimburse the county or 
 33.24  tribal social services for advance funding provided by the 
 33.25  county or tribal social services to the vendor. 
 33.26     (e) If the service is provided by a team that includes 
 33.27  contracted vendors and county or tribal social services staff, 
 33.28  the costs for county or tribal social services staff 
 33.29  participation in the team shall be included in the rate for 
 33.30  county or tribal social services provided services.  In this 
 33.31  case, the contracted vendor and the county or tribal social 
 33.32  services may each receive separate payment for services provided 
 33.33  by each entity in the same month.  To prevent duplication of 
 33.34  services, each entity must document, in the recipient's file, 
 33.35  the need for team case management and a description of the roles 
 33.36  and services of the team members. 
 34.1      Separate payment rates may be established for different 
 34.2   groups of providers to maximize reimbursement as determined by 
 34.3   the commissioner.  The payment rate will be reviewed annually 
 34.4   and revised periodically to be consistent with the most recent 
 34.5   time study and other data.  Payment for services will be made 
 34.6   upon submission of a valid claim and verification of proper 
 34.7   documentation described in subdivision 7.  Federal 
 34.8   administrative revenue earned through the time study, or under 
 34.9   paragraph (c), shall be distributed according to earnings, to 
 34.10  counties, reservations, or groups of counties or reservations 
 34.11  which have the same payment rate under this subdivision, and to 
 34.12  the group of counties or reservations which are not certified 
 34.13  providers under section 256F.10.  The commissioner shall modify 
 34.14  the requirements set out in Minnesota Rules, parts 9550.0300 to 
 34.15  9550.0370, as necessary to accomplish this. 
 34.16     Sec. 5.  Minnesota Statutes 1998, section 256F.03, 
 34.17  subdivision 5, is amended to read: 
 34.18     Subd. 5.  [FAMILY-BASED SERVICES.] "Family-based services" 
 34.19  means one or more of the services described in paragraphs (a) 
 34.20  to (f) (e) provided to families primarily in their own home for 
 34.21  a limited time.  
 34.22     (a)  [CRISIS SERVICES.] "Crisis services" means 
 34.23  professional services provided within 24 hours of referral to 
 34.24  alleviate a family crisis and to offer an alternative to placing 
 34.25  a child outside the family home.  The services are intensive and 
 34.26  time limited.  The service may offer transition to other 
 34.27  appropriate community-based services. 
 34.28     (b)  [COUNSELING SERVICES.] "Counseling services" means 
 34.29  professional family counseling provided to alleviate individual 
 34.30  and family dysfunction; provide an alternative to placing a 
 34.31  child outside the family home; or permit a child to return 
 34.32  home.  The duration, frequency, and intensity of the service is 
 34.33  determined in the individual or family service plan. 
 34.34     (c)  [LIFE MANAGEMENT SKILLS SERVICES.] "Life management 
 34.35  skills services" means paraprofessional services that teach 
 34.36  family members skills in such areas as parenting, budgeting, 
 35.1   home management, and communication.  The goal is to strengthen 
 35.2   family skills as an alternative to placing a child outside the 
 35.3   family home or to permit a child to return home.  A social 
 35.4   worker shall coordinate these services within the family case 
 35.5   plan. 
 35.6      (d)  [CASE COORDINATION SERVICES.] "Case coordination 
 35.7   services" means professional services provided to an individual, 
 35.8   family, or caretaker as an alternative to placing a child 
 35.9   outside the family home, to permit a child to return home, or to 
 35.10  stabilize the long-term or permanent placement of a child.  
 35.11  Coordinated services are provided directly, are arranged, or are 
 35.12  monitored to meet the needs of a child and family.  The 
 35.13  duration, frequency, and intensity of services is determined in 
 35.14  the individual or family service plan. 
 35.15     (e)  [MENTAL HEALTH SERVICES.] "Mental health services" 
 35.16  means the professional services defined in section 245.4871, 
 35.17  subdivision 31. 
 35.18     (f) (e)  [EARLY INTERVENTION SERVICES.] "Early intervention 
 35.19  services" means family-based intervention services designed to 
 35.20  help at-risk families avoid crisis situations. 
 35.21     Sec. 6.  Minnesota Statutes 1998, section 256F.05, 
 35.22  subdivision 8, is amended to read: 
 35.23     Subd. 8.  [USES OF FAMILY PRESERVATION FUND GRANTS.] (a) A 
 35.24  county which has not demonstrated that year that its family 
 35.25  preservation core services are developed as provided in 
 35.26  subdivision 1a, must use its family preservation fund grant 
 35.27  exclusively for family preservation services defined in section 
 35.28  256F.03, subdivision 5, paragraphs (a), (b), (c), and (e) (d). 
 35.29     (b) A county which has demonstrated that year that its 
 35.30  family preservation core services are developed becomes eligible 
 35.31  either to continue using its family preservation fund grant as 
 35.32  provided in paragraph (a), or to exercise the expanded service 
 35.33  option under paragraph (c). 
 35.34     (c) The expanded service option permits an eligible county 
 35.35  to use its family preservation fund grant for child welfare 
 35.36  preventive services.  For purposes of this section, child 
 36.1   welfare preventive services are those services directed toward a 
 36.2   specific child or family that further the goals of section 
 36.3   256F.01 and include assessments, family preservation services, 
 36.4   service coordination, community-based treatment, crisis nursery 
 36.5   services when the parents retain custody and there is no 
 36.6   voluntary placement agreement with a child-placing agency, 
 36.7   respite care except when it is provided under a medical 
 36.8   assistance waiver, home-based services, and other related 
 36.9   services.  For purposes of this section, child welfare 
 36.10  preventive services shall not include shelter care or other 
 36.11  placement services under the authority of the court or public 
 36.12  agency to address an emergency.  To exercise this option, an 
 36.13  eligible county must notify the commissioner in writing of its 
 36.14  intention to do so no later than 30 days into the quarter during 
 36.15  which it intends to begin or select this option in its county 
 36.16  plan, as provided in section 256F.04, subdivision 2.  Effective 
 36.17  with the first day of that quarter the grant period in which 
 36.18  this option is selected, the county must maintain its base level 
 36.19  of expenditures for child welfare preventive services and use 
 36.20  the family preservation fund to expand them.  The base level of 
 36.21  expenditures for a county shall be that established under 
 36.22  section 256F.10, subdivision 7.  For counties which have no such 
 36.23  base established, a comparable base shall be established with 
 36.24  the base year being the calendar year ending at least two 
 36.25  calendar quarters before the first calendar quarter in which the 
 36.26  county exercises its expanded service option.  The commissioner 
 36.27  shall, at the request of the counties, reduce, suspend, or 
 36.28  eliminate either or both of a county's obligations to continue 
 36.29  the base level of expenditures and to expand child welfare 
 36.30  preventive services under extraordinary circumstances.  
 36.31     (d) Notwithstanding paragraph (a), a county that is 
 36.32  participating in the child protection assessments or 
 36.33  investigations community collaboration pilot program under 
 36.34  section 626.5560, or in the concurrent permanency planning pilot 
 36.35  program under section 257.0711, may use its family preservation 
 36.36  fund grant for those programs. 
 37.1      Sec. 7.  Minnesota Statutes 1998, section 256F.10, 
 37.2   subdivision 1, is amended to read: 
 37.3      Subdivision 1.  [ELIGIBILITY.] Persons under 21 years of 
 37.4   age who are eligible to receive medical assistance are eligible 
 37.5   for child welfare targeted case management services under 
 37.6   section 256B.094 and this section if they have received an 
 37.7   assessment and have been determined by the local county or 
 37.8   tribal social services agency to be:  
 37.9      (1) at risk of placement or in placement as described in 
 37.10  section 257.071, subdivision 1; 
 37.11     (2) at risk of maltreatment or experiencing maltreatment as 
 37.12  defined in section 626.556, subdivision 10e; or 
 37.13     (3) in need of protection or services as defined in section 
 37.14  260.015, subdivision 2a. 
 37.15     Sec. 8.  Minnesota Statutes 1998, section 256F.10, 
 37.16  subdivision 4, is amended to read: 
 37.17     Subd. 4.  [PROVIDER QUALIFICATIONS AND CERTIFICATION 
 37.18  STANDARDS.] The commissioner must certify each provider before 
 37.19  enrolling it as a child welfare targeted case management 
 37.20  provider of services under section 256B.094 and this section.  
 37.21  The certification process shall examine the provider's ability 
 37.22  to meet the qualification requirements and certification 
 37.23  standards in this subdivision and other federal and state 
 37.24  requirements of this service.  A certified child welfare 
 37.25  targeted case management provider is an enrolled medical 
 37.26  assistance provider who is determined by the commissioner to 
 37.27  have all of the following: 
 37.28     (1) the legal authority to provide public welfare under 
 37.29  sections 393.01, subdivision 7, and 393.07 or a federally 
 37.30  recognized Indian tribe; 
 37.31     (2) the demonstrated capacity and experience to provide the 
 37.32  components of case management to coordinate and link community 
 37.33  resources needed by the eligible population; 
 37.34     (3) administrative capacity and experience in serving the 
 37.35  target population for whom it will provide services and in 
 37.36  ensuring quality of services under state and federal 
 38.1   requirements; 
 38.2      (4) the legal authority to provide complete investigative 
 38.3   and protective services under section 626.556, subdivision 10, 
 38.4   and child welfare and foster care services under section 393.07, 
 38.5   subdivisions 1 and 2 or a federally recognized Indian tribe; 
 38.6      (5) a financial management system that provides accurate 
 38.7   documentation of services and costs under state and federal 
 38.8   requirements; and 
 38.9      (6) the capacity to document and maintain individual case 
 38.10  records under state and federal requirements. 
 38.11     Sec. 9.  Minnesota Statutes 1998, section 256F.10, 
 38.12  subdivision 6, is amended to read: 
 38.13     Subd. 6.  [DISTRIBUTION OF NEW FEDERAL REVENUE.] (a) Except 
 38.14  for portion set aside in paragraph (b), the federal funds earned 
 38.15  under this section and section 256B.094 by counties providers 
 38.16  shall be paid to each county provider based on its earnings, and 
 38.17  must be used by each county provider to expand preventive child 
 38.18  welfare services. 
 38.19  If a county or tribal social services chooses to be a provider 
 38.20  of child welfare targeted case management and if that county or 
 38.21  tribal social services also joins a local children's mental 
 38.22  health collaborative as authorized by the 1993 legislature, then 
 38.23  the federal reimbursement received by the county or tribal 
 38.24  social services for providing child welfare targeted case 
 38.25  management services to children served by the local 
 38.26  collaborative shall be transferred by the county or tribal 
 38.27  social services to the integrated fund.  The federal 
 38.28  reimbursement transferred to the integrated fund by the 
 38.29  county or tribal social services must not be used for 
 38.30  residential care other than respite care described under 
 38.31  subdivision 7, paragraph (d). 
 38.32     (b) The commissioner shall set aside a portion of the 
 38.33  federal funds earned under this section to repay the special 
 38.34  revenue maximization account under section 256.01, subdivision 
 38.35  2, clause (15).  The repayment is limited to: 
 38.36     (1) the costs of developing and implementing this section 
 39.1   and sections 256.8711 and 256B.094; 
 39.2      (2) programming the information systems; and 
 39.3      (3) the lost federal revenue for the central office claim 
 39.4   directly caused by the implementation of these sections. 
 39.5      Any unexpended funds from the set aside under this 
 39.6   paragraph shall be distributed to counties providers according 
 39.7   to paragraph (a). 
 39.8      Sec. 10.  Minnesota Statutes 1998, section 256F.10, 
 39.9   subdivision 7, is amended to read: 
 39.10     Subd. 7.  [EXPANSION OF SERVICES AND BASE LEVEL OF 
 39.11  EXPENDITURES.] (a) Counties and tribal social services must 
 39.12  continue the base level of expenditures for preventive child 
 39.13  welfare services from either or both of any state, county, or 
 39.14  federal funding source, which, in the absence of federal funds 
 39.15  earned under this section, would have been available for these 
 39.16  services.  The commissioner shall review the county or tribal 
 39.17  social services expenditures annually using reports required 
 39.18  under sections 245.482, 256.01, subdivision 2, paragraph 17, and 
 39.19  256E.08, subdivision 8, to ensure that the base level of 
 39.20  expenditures for preventive child welfare services is continued 
 39.21  from sources other than the federal funds earned under this 
 39.22  section. 
 39.23     (b) The commissioner may reduce, suspend, or eliminate 
 39.24  either or both of a county's or tribal social services' 
 39.25  obligations to continue the base level of expenditures and to 
 39.26  expand child welfare preventive services if the commissioner 
 39.27  determines that one or more of the following conditions apply to 
 39.28  that county or reservation: 
 39.29     (1) imposition of levy limits that significantly reduce 
 39.30  available social service funds; 
 39.31     (2) reduction in the net tax capacity of the taxable 
 39.32  property within a county or reservation that significantly 
 39.33  reduces available social service funds; 
 39.34     (3) reduction in the number of children under age 19 in the 
 39.35  county or reservation by 25 percent when compared with the 
 39.36  number in the base year using the most recent data provided by 
 40.1   the state demographer's office; or 
 40.2      (4) termination of the federal revenue earned under this 
 40.3   section. 
 40.4      (c) The commissioner may suspend for one year either or 
 40.5   both of a county's or tribal social services' obligations to 
 40.6   continue the base level of expenditures and to expand child 
 40.7   welfare preventive services if the commissioner determines that 
 40.8   in the previous year one or more of the following conditions 
 40.9   applied to that county or reservation: 
 40.10     (1) the total number of children in placement under 
 40.11  sections 257.071 and 393.07, subdivisions 1 and 2, has been 
 40.12  reduced by 50 percent from the total number in the base year; or 
 40.13     (2) the average number of children in placement under 
 40.14  sections 257.071 and 393.07, subdivisions 1 and 2, on the last 
 40.15  day of each month is equal to or less than one child per 1,000 
 40.16  children in the county or reservation. 
 40.17     (d) For the purposes of this section, child welfare 
 40.18  preventive services are those services directed toward a 
 40.19  specific child or family that further the goals of section 
 40.20  256F.01 and include assessments, family preservation services, 
 40.21  service coordination, community-based treatment, crisis nursery 
 40.22  services when the parents retain custody and there is no 
 40.23  voluntary placement agreement with a child-placing agency, 
 40.24  respite care except when it is provided under a medical 
 40.25  assistance waiver, home-based services, and other related 
 40.26  services.  For the purposes of this section, child welfare 
 40.27  preventive services shall not include shelter care placements 
 40.28  under the authority of the court or public agency to address an 
 40.29  emergency, residential services except for respite care, child 
 40.30  care for the purposes of employment and training, adult 
 40.31  services, services other than child welfare targeted case 
 40.32  management when they are provided under medical assistance, 
 40.33  placement services, or activities not directed toward a specific 
 40.34  child or family.  Respite care must be planned, routine care to 
 40.35  support the continuing residence of the child with its family or 
 40.36  long-term primary caretaker and must not be provided to address 
 41.1   an emergency. 
 41.2      (e) For the counties and tribal social services beginning 
 41.3   to claim federal reimbursement for services under this section 
 41.4   and section 256B.094, the base year is the calendar year ending 
 41.5   at least two calendar quarters before the first calendar quarter 
 41.6   in which the county provider begins claiming reimbursement.  For 
 41.7   the purposes of this section, the base level of expenditures is 
 41.8   the level of county or tribal social services expenditures in 
 41.9   the base year for eligible child welfare preventive services 
 41.10  described in this subdivision. 
 41.11     Sec. 11.  Minnesota Statutes 1998, section 256F.10, 
 41.12  subdivision 8, is amended to read: 
 41.13     Subd. 8.  [PROVIDER RESPONSIBILITIES.] (a) Notwithstanding 
 41.14  section 256B.19, subdivision 1, for the purposes of child 
 41.15  welfare targeted case management under section 256B.094 and this 
 41.16  section, the nonfederal share of costs shall be provided by the 
 41.17  provider of child welfare targeted case management from sources 
 41.18  other than federal funds or funds used to match other federal 
 41.19  funds except when allowed by federal law or agreement. 
 41.20     (b) Provider expenditures eligible for federal 
 41.21  reimbursement under this section must not be made from federal 
 41.22  funds or funds used to match other federal funds except when 
 41.23  allowed by federal law or agreement. 
 41.24     (c) The commissioner may suspend, reduce, or terminate the 
 41.25  federal reimbursement to a provider that does not meet the 
 41.26  reporting or other requirements of section 256B.094 and this 
 41.27  section.  The county or reservation is responsible for any 
 41.28  federal disallowances.  The county or reservation may share this 
 41.29  responsibility with its contracted vendors. 
 41.30     Sec. 12.  Minnesota Statutes 1998, section 256F.10, 
 41.31  subdivision 10, is amended to read: 
 41.32     Subd. 10.  [CENTRALIZED DISBURSEMENT OF MEDICAL ASSISTANCE 
 41.33  PAYMENTS.] Notwithstanding section 256B.041, county provider 
 41.34  payments for the cost of child welfare targeted case management 
 41.35  services shall not be made to the state treasurer.  For the 
 41.36  purposes of child welfare targeted case management services 
 42.1   under section 256B.094 and this section, the centralized 
 42.2   disbursement of payments to providers under section 256B.041 
 42.3   consists only of federal earnings from services provided under 
 42.4   section 256B.094 and this section. 
 42.5      Sec. 13.  Minnesota Statutes 1998, section 257.071, 
 42.6   subdivision 1, is amended to read: 
 42.7      Subdivision 1.  [PLACEMENT; PLAN.] (a) A case plan shall be 
 42.8   prepared within 30 days after any child is placed in a 
 42.9   residential facility by court order or by the voluntary release 
 42.10  of the child by the parent or parents.  
 42.11     For purposes of this section, a residential facility means 
 42.12  any group home, family foster home or other publicly supported 
 42.13  out-of-home residential facility, including any out-of-home 
 42.14  residential facility under contract with the state, county or 
 42.15  other political subdivision, or any agency thereof, to provide 
 42.16  those services or foster care as defined in section 260.015, 
 42.17  subdivision 7.  
 42.18     (b) When a child is in placement, the responsible local 
 42.19  social services agency shall make diligent efforts to identify, 
 42.20  locate, and, where appropriate, offer services to both parents 
 42.21  of the child.  If a noncustodial or nonadjudicated parent is 
 42.22  willing and capable of providing for the day-to-day care of the 
 42.23  child, the local social services agency may seek authority from 
 42.24  the custodial parent or the court to have that parent assume 
 42.25  day-to-day care of the child.  If a parent is not an adjudicated 
 42.26  parent, the local social services agency shall require the 
 42.27  nonadjudicated parent to cooperate with paternity establishment 
 42.28  procedures as part of the case plan. 
 42.29     (c) If, after assessment, the local social services agency 
 42.30  determines that the child cannot be in the day-to-day care of 
 42.31  either parent, the agency shall prepare a case plan addressing 
 42.32  the conditions that each parent must mitigate before the child 
 42.33  could be in that parent's day-to-day care. 
 42.34     (d) If, after the provision of services following a case 
 42.35  plan under this section and ordered by the juvenile court, the 
 42.36  child cannot return to the care of the parent from whom the 
 43.1   child was removed or who had legal custody at the time the child 
 43.2   was placed in foster care, the agency may petition on behalf of 
 43.3   a noncustodial parent to establish legal custody with that 
 43.4   parent under section 260.191, subdivision 3b.  If paternity has 
 43.5   not already been established, it may be established in the same 
 43.6   proceeding in the manner provided for under this chapter. 
 43.7      The responsible social services agency may be relieved of 
 43.8   the requirement to locate and offer services to both parents by 
 43.9   the juvenile court upon a finding of good cause after the filing 
 43.10  of a petition under section 260.131. 
 43.11     (e) For the purposes of this section, a case plan means a 
 43.12  written document which is ordered by the court or which is 
 43.13  prepared by the social service services agency responsible for 
 43.14  the residential facility placement and is signed by the parent 
 43.15  or parents, or other custodian, of the child, the child's legal 
 43.16  guardian, the social service services agency responsible for the 
 43.17  residential facility placement, and, if possible, the child.  
 43.18  The document shall be explained to all persons involved in its 
 43.19  implementation, including the child who has signed the document, 
 43.20  and shall set forth: 
 43.21     (1) the specific reasons for the placement of the child in 
 43.22  a residential facility, including a description of the problems 
 43.23  or conditions in the home of the parent or parents which 
 43.24  necessitated removal of the child from home; 
 43.25     (2) the specific actions to be taken by the parent or 
 43.26  parents of the child to eliminate or correct the problems or 
 43.27  conditions identified in clause (1), and the time period during 
 43.28  which the actions are to be taken; 
 43.29     (3) the financial responsibilities and obligations, if any, 
 43.30  of the parents for the support of the child during the period 
 43.31  the child is in the residential facility; 
 43.32     (4) the visitation rights and obligations of the parent or 
 43.33  parents or other relatives as defined in section 260.181, if 
 43.34  such visitation is consistent with the best interest of the 
 43.35  child, during the period the child is in the residential 
 43.36  facility; 
 44.1      (5) the social and other supportive services to be provided 
 44.2   to the parent or parents of the child, the child, and the 
 44.3   residential facility during the period the child is in the 
 44.4   residential facility; 
 44.5      (6) the date on which the child is expected to be returned 
 44.6   to and safely maintained in the home of the parent or parents or 
 44.7   placed for adoption or otherwise permanently removed from the 
 44.8   care of the parent by court order; 
 44.9      (7) the nature of the effort to be made by the social 
 44.10  service services agency responsible for the placement to reunite 
 44.11  the family; and 
 44.12     (8) notice to the parent or parents: 
 44.13     (i) that placement of the child in foster care may result 
 44.14  in termination of parental rights but only after notice and a 
 44.15  hearing as provided in chapter 260.; and 
 44.16     (ii) in cases where the agency has determined that both 
 44.17  reasonable efforts to reunify the child with the parents, and 
 44.18  reasonable efforts to place the child in a permanent home away 
 44.19  from the parent that may become legally permanent are 
 44.20  appropriate, notice of: 
 44.21     (A) time limits on the length of placement and of 
 44.22  reunification services; 
 44.23     (B) the nature of the services available to the parent; 
 44.24     (C) the consequences to the parent and the child if the 
 44.25  parent fails or is unable to use services to correct the 
 44.26  circumstances that led to the child's placement; 
 44.27     (D) the first consideration for relative placement; and 
 44.28     (E) the benefit to the child in getting the child out of 
 44.29  residential care as soon as possible, preferably by returning 
 44.30  the child home, but if that is not possible, through legally 
 44.31  permanent placement of the child away from the parent; 
 44.32     (9) a permanency hearing under section 260.191, subdivision 
 44.33  3b, or a termination of parental rights hearing under sections 
 44.34  260.221 to 260.245, where the agency asks the court to find that 
 44.35  the child should be permanently placed away from the parent and 
 44.36  includes documentation of the steps taken by the responsible 
 45.1   social services agency to find an adoptive family or other 
 45.2   legally permanent living arrangement for the child, to place the 
 45.3   child with an adoptive family, a fit and willing relative 
 45.4   through an award of permanent legal and physical custody, or in 
 45.5   another planned and legally permanent living arrangement.  The 
 45.6   documentation must include child-specific recruitment efforts; 
 45.7   and 
 45.8      (10) if the court has issued an order terminating the 
 45.9   rights of both parents of the child or of the only known, living 
 45.10  parent of the child, documentation of steps to finalize the 
 45.11  adoption or legal guardianship of the child. 
 45.12     (f) The parent or parents and the child each shall have the 
 45.13  right to legal counsel in the preparation of the case plan and 
 45.14  shall be informed of the right at the time of placement of the 
 45.15  child.  The child shall also have the right to a guardian ad 
 45.16  litem.  If unable to employ counsel from their own resources, 
 45.17  the court shall appoint counsel upon the request of the parent 
 45.18  or parents or the child or the child's legal guardian.  The 
 45.19  parent or parents may also receive assistance from any person or 
 45.20  social service services agency in preparation of the case plan. 
 45.21     After the plan has been agreed upon by the parties 
 45.22  involved, the foster parents shall be fully informed of the 
 45.23  provisions of the case plan and shall be provided a copy of the 
 45.24  plan. 
 45.25     (g) When an agency accepts a child for placement, the 
 45.26  agency shall determine whether the child has had a physical 
 45.27  examination by or under the direction of a licensed physician 
 45.28  within the 12 months immediately preceding the date when the 
 45.29  child came into the agency's care.  If there is documentation 
 45.30  that the child has had such an examination within the last 12 
 45.31  months, the agency is responsible for seeing that the child has 
 45.32  another physical examination within one year of the documented 
 45.33  examination and annually in subsequent years.  If the agency 
 45.34  determines that the child has not had a physical examination 
 45.35  within the 12 months immediately preceding placement, the agency 
 45.36  shall ensure that the child has the examination within 30 days 
 46.1   of coming into the agency's care and once a year in subsequent 
 46.2   years. 
 46.3      Sec. 14.  Minnesota Statutes 1998, section 257.071, 
 46.4   subdivision 1d, is amended to read: 
 46.5      Subd. 1d.  [RELATIVE SEARCH; NATURE.] (a) As soon as 
 46.6   possible, but in any event within six months after a child is 
 46.7   initially placed in a residential facility, the local social 
 46.8   services agency shall identify any relatives of the child and 
 46.9   notify them of the need for a foster care home for the child and 
 46.10  of the possibility of the need for a permanent out-of-home 
 46.11  placement of the child.  Relatives should also be notified that 
 46.12  a decision not to be a placement resource at the beginning of 
 46.13  the case may affect the relative being considered for placement 
 46.14  of the child with that relative later.  The relatives must be 
 46.15  notified that they must keep the local social services agency 
 46.16  informed of their current address in order to receive notice 
 46.17  that a permanent placement is being sought for the child.  A 
 46.18  relative who fails to provide a current address to the local 
 46.19  social services agency forfeits the right to notice of the 
 46.20  possibility of permanent placement.  If the child's parent 
 46.21  refuses to give the responsible social services agency 
 46.22  information sufficient to identify relatives of the child, the 
 46.23  agency shall determine whether the parent's refusal is in the 
 46.24  child's best interests.  If the agency determines the parent's 
 46.25  refusal is not in the child's best interests, the agency shall 
 46.26  file a petition under section 260.131, and shall ask the 
 46.27  juvenile court to order the parent to provide the necessary 
 46.28  information. 
 46.29     (b) Unless required under the Indian Child Welfare Act or 
 46.30  relieved of this duty by the court because the child is placed 
 46.31  with an appropriate relative who wishes to provide a permanent 
 46.32  home for the child or the child is placed with a foster home 
 46.33  that has committed to being the legally permanent placement for 
 46.34  the child and the responsible social services agency approves of 
 46.35  that foster home for permanent placement of the child, when the 
 46.36  agency determines that it is necessary to prepare for the 
 47.1   permanent placement determination hearing, or in anticipation of 
 47.2   filing a termination of parental rights petition, the agency 
 47.3   shall send notice to the relatives, any adult with whom the 
 47.4   child is currently residing, any adult with whom the child has 
 47.5   resided for one year or longer in the past, and any adults who 
 47.6   have maintained a relationship or exercised visitation with the 
 47.7   child as identified in the agency case plan.  The notice must 
 47.8   state that a permanent home is sought for the child and that the 
 47.9   individuals receiving the notice may indicate to the agency 
 47.10  their interest in providing a permanent home.  The notice must 
 47.11  state that within 30 days of receipt of the notice an individual 
 47.12  receiving the notice must indicate to the agency the 
 47.13  individual's interest in providing a permanent home for the 
 47.14  child or that the individual may lose the opportunity to be 
 47.15  considered for a permanent placement.  This notice need not be 
 47.16  sent if the child is placed with an appropriate relative who 
 47.17  wishes to provide a permanent home for the child. 
 47.18     Sec. 15.  Minnesota Statutes 1998, section 257.071, 
 47.19  subdivision 4, is amended to read: 
 47.20     Subd. 4.  [REVIEW OF DEVELOPMENTALLY DISABLED AND 
 47.21  EMOTIONALLY HANDICAPPED CHILD PLACEMENTS.] If a developmentally 
 47.22  disabled child, as that term is defined in United States Code, 
 47.23  title 42, section 6001 (7), as amended through December 31, 
 47.24  1979, or a child diagnosed with an emotional handicap as defined 
 47.25  in section 252.27, subdivision 1a, has been placed in a 
 47.26  residential facility pursuant to a voluntary release by the 
 47.27  child's parent or parents because of the child's handicapping 
 47.28  conditions or need for long-term residential treatment or 
 47.29  supervision, the social service services agency responsible for 
 47.30  the placement shall bring a petition for review of the child's 
 47.31  foster care status, pursuant to section 260.131, subdivision 1a, 
 47.32  rather than a after the child has been in placement for six 
 47.33  months.  If a child is in placement due solely to the child's 
 47.34  handicapping condition and custody of the child is not 
 47.35  transferred to the responsible social services agency under 
 47.36  section 260.191, subdivision 1, paragraph (a), clause (2), no 
 48.1   petition as is required by section 260.191, subdivision 3b, 
 48.2   after the child has been in foster care for six months or, in 
 48.3   the case of a child with an emotional handicap, after the child 
 48.4   has been in a residential facility for six months.  Whenever a 
 48.5   petition for review is brought pursuant to this subdivision, a 
 48.6   guardian ad litem shall be appointed for the child. 
 48.7      Sec. 16.  Minnesota Statutes 1998, section 257.85, 
 48.8   subdivision 2, is amended to read: 
 48.9      Subd. 2.  [SCOPE.] The provisions of this section apply to 
 48.10  those situations in which the legal and physical custody of a 
 48.11  child is established with a relative or important friend with 
 48.12  whom the child has resided or had significant contact according 
 48.13  to section 260.191, subdivision 3b, by a court order issued on 
 48.14  or after July 1, 1997.  
 48.15     Sec. 17.  Minnesota Statutes 1998, section 257.85, 
 48.16  subdivision 3, is amended to read: 
 48.17     Subd. 3.  [DEFINITIONS.] For purposes of this section, the 
 48.18  terms defined in this subdivision have the meanings given them. 
 48.19     (a) "AFDC or MFIP standard" means the monthly standard of 
 48.20  need used to calculate assistance under the AFDC program, the 
 48.21  transitional standard used to calculate assistance under the 
 48.22  MFIP-S program, or, if neither of those is applicable permanent 
 48.23  legal and physical custody of the child is given to a relative 
 48.24  custodian residing outside of Minnesota, the analogous 
 48.25  transitional standard or standard of need used to calculate 
 48.26  assistance under the MFIP or MFIP-R programs TANF program of the 
 48.27  state where the relative custodian lives. 
 48.28     (b) "Local agency" means the local social service services 
 48.29  agency with legal custody of a child prior to the transfer of 
 48.30  permanent legal and physical custody to a relative. 
 48.31     (c) "Permanent legal and physical custody" means permanent 
 48.32  legal and physical custody ordered by a Minnesota juvenile court 
 48.33  under section 260.191, subdivision 3b. 
 48.34     (d) "Relative" means an individual, other than a parent, 
 48.35  who is related to a child by blood, marriage, or adoption has 
 48.36  the meaning given in section 260.015, subdivision 13. 
 49.1      (e) "Relative custodian" means a relative of a child for 
 49.2   whom the relative person who has permanent legal and physical 
 49.3   custody of a child.  When siblings, including half-siblings and 
 49.4   step siblings, are placed together in the permanent legal and 
 49.5   physical custody of a relative of one of the siblings, the 
 49.6   person receiving permanent legal and physical custody of the 
 49.7   siblings is considered a relative custodian of all of the 
 49.8   siblings for purposes of this section. 
 49.9      (f) "Relative custody assistance agreement" means an 
 49.10  agreement entered into between a local agency and the relative 
 49.11  of a child person who has been or will be awarded permanent 
 49.12  legal and physical custody of the a child. 
 49.13     (g) "Relative custody assistance payment" means a monthly 
 49.14  cash grant made to a relative custodian pursuant to a relative 
 49.15  custody assistance agreement and in an amount calculated under 
 49.16  subdivision 7. 
 49.17     (h) "Remains in the physical custody of the relative 
 49.18  custodian" means that the relative custodian is providing 
 49.19  day-to-day care for the child and that the child lives with the 
 49.20  relative custodian; absence from the relative custodian's home 
 49.21  for a period of more than 120 days raises a presumption that the 
 49.22  child no longer remains in the physical custody of the relative 
 49.23  custodian. 
 49.24     Sec. 18.  Minnesota Statutes 1998, section 257.85, 
 49.25  subdivision 7, is amended to read: 
 49.26     Subd. 7.  [AMOUNT OF RELATIVE CUSTODY ASSISTANCE PAYMENTS.] 
 49.27  (a) The amount of a monthly relative custody assistance payment 
 49.28  shall be determined according to the provisions of this 
 49.29  paragraph. 
 49.30     (1) The total maximum assistance rate is equal to the base 
 49.31  assistance rate plus, if applicable, the supplemental assistance 
 49.32  rate. 
 49.33     (i) The base assistance rate is equal to the maximum amount 
 49.34  that could be received as basic maintenance for a child of the 
 49.35  same age under the adoption assistance program. 
 49.36     (ii) The local agency shall determine whether the child has 
 50.1   physical, mental, emotional, or behavioral disabilities that 
 50.2   require care, supervision, or structure beyond that ordinarily 
 50.3   provided in a family setting to children of the same age such 
 50.4   that the child would be eligible for supplemental maintenance 
 50.5   payments under the adoption assistance program if an adoption 
 50.6   assistance agreement were entered on the child's behalf.  If the 
 50.7   local agency determines that the child has such a disability, 
 50.8   the supplemental assistance rate shall be the maximum amount of 
 50.9   monthly supplemental maintenance payment that could be received 
 50.10  on behalf of a child of the same age, disabilities, and 
 50.11  circumstances under the adoption assistance program. 
 50.12     (2) The net maximum assistance rate is equal to the total 
 50.13  maximum assistance rate from clause (1) less the following 
 50.14  offsets: 
 50.15     (i) if the child is or will be part of an assistance unit 
 50.16  receiving an AFDC, MFIP-S, or other MFIP grant or a grant from a 
 50.17  similar program of another state, the portion of the AFDC or 
 50.18  MFIP standard relating to the child as calculated under 
 50.19  paragraph (b), clause (2); 
 50.20     (ii) Supplemental Security Income payments received by or 
 50.21  on behalf of the child; 
 50.22     (iii) veteran's benefits received by or on behalf of the 
 50.23  child; and 
 50.24     (iv) any other income of the child, including child support 
 50.25  payments made on behalf of the child. 
 50.26     (3) The relative custody assistance payment to be made to 
 50.27  the relative custodian shall be a percentage of the net maximum 
 50.28  assistance rate calculated in clause (2) based upon the gross 
 50.29  income of the relative custodian's family, including the child 
 50.30  for whom the relative custodian has permanent legal and physical 
 50.31  custody.  In no case shall the amount of the relative custody 
 50.32  assistance payment exceed that which the child could qualify for 
 50.33  under the adoption assistance program if an adoption assistance 
 50.34  agreement were entered on the child's behalf.  The relative 
 50.35  custody assistance payment shall be calculated as follows: 
 50.36     (i) if the relative custodian's gross family income is less 
 51.1   than or equal to 200 percent of federal poverty guidelines, the 
 51.2   relative custody assistance payment shall be the full amount of 
 51.3   the net maximum assistance rate; 
 51.4      (ii) if the relative custodian's gross family income is 
 51.5   greater than 200 percent and less than or equal to 225 percent 
 51.6   of federal poverty guidelines, the relative custody assistance 
 51.7   payment shall be 80 percent of the net maximum assistance rate; 
 51.8      (iii) if the relative custodian's gross family income is 
 51.9   greater than 225 percent and less than or equal to 250 percent 
 51.10  of federal poverty guidelines, the relative custody assistance 
 51.11  payment shall be 60 percent of the net maximum assistance rate; 
 51.12     (iv) if the relative custodian's gross family income is 
 51.13  greater than 250 percent and less than or equal to 275 percent 
 51.14  of federal poverty guidelines, the relative custody assistance 
 51.15  payment shall be 40 percent of the net maximum assistance rate; 
 51.16     (v) if the relative custodian's gross family income is 
 51.17  greater than 275 percent and less than or equal to 300 percent 
 51.18  of federal poverty guidelines, the relative custody assistance 
 51.19  payment shall be 20 percent of the net maximum assistance rate; 
 51.20  or 
 51.21     (vi) if the relative custodian's gross family income is 
 51.22  greater than 300 percent of federal poverty guidelines, no 
 51.23  relative custody assistance payment shall be made. 
 51.24     (b) This paragraph specifies the provisions pertaining to 
 51.25  the relationship between relative custody assistance and AFDC, 
 51.26  MFIP-S, or other MFIP programs The following provisions cover 
 51.27  the relationship between relative custody assistance and 
 51.28  assistance programs: 
 51.29     (1) The relative custodian of a child for whom the relative 
 51.30  custodian is receiving relative custody assistance is expected 
 51.31  to seek whatever assistance is available for the child 
 51.32  through the AFDC, MFIP-S, or other MFIP, if the relative 
 51.33  custodian resides in a state other than Minnesota, similar 
 51.34  programs of that state.  If a relative custodian fails to apply 
 51.35  for assistance through AFDC, MFIP-S, or other MFIP program for 
 51.36  which the child is eligible, the child's portion of the AFDC or 
 52.1   MFIP standard will be calculated as if application had been made 
 52.2   and assistance received;. 
 52.3      (2) The portion of the AFDC or MFIP standard relating to 
 52.4   each child for whom relative custody assistance is being 
 52.5   received shall be calculated as follows: 
 52.6      (i) determine the total AFDC or MFIP standard for the 
 52.7   assistance unit; 
 52.8      (ii) determine the amount that the AFDC or MFIP standard 
 52.9   would have been if the assistance unit had not included the 
 52.10  children for whom relative custody assistance is being received; 
 52.11     (iii) subtract the amount determined in item (ii) from the 
 52.12  amount determined in item (i); and 
 52.13     (iv) divide the result in item (iii) by the number of 
 52.14  children for whom relative custody assistance is being received 
 52.15  that are part of the assistance unit; or. 
 52.16     (3) If a child for whom relative custody assistance is 
 52.17  being received is not eligible for assistance through the AFDC, 
 52.18  MFIP-S, or other MFIP similar programs of another state, the 
 52.19  portion of AFDC or MFIP standard relating to that child shall be 
 52.20  equal to zero. 
 52.21     Sec. 19.  Minnesota Statutes 1998, section 257.85, 
 52.22  subdivision 9, is amended to read: 
 52.23     Subd. 9.  [RIGHT OF APPEAL.] A relative custodian who 
 52.24  enters or seeks to enter into a relative custody assistance 
 52.25  agreement with a local agency has the right to appeal to the 
 52.26  commissioner according to section 256.045 when the local agency 
 52.27  establishes, denies, terminates, or modifies the agreement.  
 52.28  Upon appeal, the commissioner may review only: 
 52.29     (1) whether the local agency has met the legal requirements 
 52.30  imposed by this chapter for establishing, denying, terminating, 
 52.31  or modifying the agreement; 
 52.32     (2) whether the amount of the relative custody assistance 
 52.33  payment was correctly calculated under the method in subdivision 
 52.34  7; 
 52.35     (3) whether the local agency paid for correct time periods 
 52.36  under the relative custody assistance agreement; 
 53.1      (4) whether the child remains in the physical custody of 
 53.2   the relative custodian; 
 53.3      (5) whether the local agency correctly calculated modified 
 53.4   the amount of the supplemental assistance rate based on a change 
 53.5   in the child's physical, mental, emotional, or behavioral needs, 
 53.6   or based on the relative custodian's failure to document provide 
 53.7   documentation, after the local agency has requested such 
 53.8   documentation, that the continuing need for the supplemental 
 53.9   assistance rate after the local agency has requested such 
 53.10  documentation child continues to have physical, mental, 
 53.11  emotional, or behavioral needs that support the current amount 
 53.12  of relative custody assistance; and 
 53.13     (6) whether the local agency correctly calculated modified 
 53.14  or terminated the amount of relative custody assistance based on 
 53.15  a change in the gross income of the relative custodian's family 
 53.16  or based on the relative custodian's failure to provide 
 53.17  documentation of the gross income of the relative custodian's 
 53.18  family after the local agency has requested such documentation. 
 53.19     Sec. 20.  Minnesota Statutes 1998, section 257.85, 
 53.20  subdivision 11, is amended to read: 
 53.21     Subd. 11.  [FINANCIAL CONSIDERATIONS.] (a) Payment of 
 53.22  relative custody assistance under a relative custody assistance 
 53.23  agreement is subject to the availability of state funds and 
 53.24  payments may be reduced or suspended on order of the 
 53.25  commissioner if insufficient funds are available. 
 53.26     (b) Upon receipt from a local agency of a claim for 
 53.27  reimbursement, the commissioner shall reimburse the local agency 
 53.28  in an amount equal to 100 percent of the relative custody 
 53.29  assistance payments provided to relative custodians.  The local 
 53.30  agency may not seek and the commissioner shall not provide 
 53.31  reimbursement for the administrative costs associated with 
 53.32  performing the duties described in subdivision 4. 
 53.33     (c) For the purposes of determining eligibility or payment 
 53.34  amounts under the AFDC, MFIP-S, and other MFIP programs, 
 53.35  relative custody assistance payments shall be considered 
 53.36  excluded in determining the family's available income. 
 54.1      Sec. 21.  Minnesota Statutes 1998, section 259.67, 
 54.2   subdivision 6, is amended to read: 
 54.3      Subd. 6.  [RIGHT OF APPEAL.] (a) The adoptive parents have 
 54.4   the right to appeal to the commissioner pursuant to section 
 54.5   256.045, when the commissioner denies, discontinues, or modifies 
 54.6   the agreement.  
 54.7      (b) Adoptive parents who believe that their adopted child 
 54.8   was incorrectly denied adoption assistance, or who did not seek 
 54.9   adoption assistance on the child's behalf because of being 
 54.10  provided with inaccurate or insufficient information about the 
 54.11  child or the adoption assistance program, may request a hearing 
 54.12  under section 256.045.  Notwithstanding subdivision 2, the 
 54.13  purpose of the hearing shall be to determine whether, under 
 54.14  standards established by the federal Department of Health and 
 54.15  Human Services, the circumstances surrounding the child's 
 54.16  adoption warrant making an adoption assistance agreement on 
 54.17  behalf of the child after the final decree of adoption has been 
 54.18  issued.  The commissioner shall enter into an adoption 
 54.19  assistance agreement on the child's behalf if it is determined 
 54.20  that: 
 54.21     (1) at the time of the adoption and at the time the request 
 54.22  for a hearing was submitted the child was eligible for adoption 
 54.23  assistance under United States Code, title 42, chapter 7, 
 54.24  subchapter IV, part E, sections 670 to 679a, at the time of the 
 54.25  adoption and at the time the request for a hearing was submitted 
 54.26  but, because of extenuating circumstances, did not receive or 
 54.27  for state funded adoption assistance under subdivision 4; and 
 54.28     (2) an adoption assistance agreement was not entered into 
 54.29  on behalf of the child before the final decree of adoption 
 54.30  because of extenuating circumstances as the term is used in the 
 54.31  standards established by the federal Department of Health and 
 54.32  Human Service.  An adoption assistance agreement made under this 
 54.33  paragraph shall be effective the date the request for a hearing 
 54.34  was received by the commissioner or the local agency. 
 54.35     Sec. 22.  Minnesota Statutes 1998, section 259.67, 
 54.36  subdivision 7, is amended to read: 
 55.1      Subd. 7.  [REIMBURSEMENT OF COSTS.] (a) Subject to rules of 
 55.2   the commissioner, and the provisions of this subdivision 
 55.3   a Minnesota-licensed child-placing agency licensed in Minnesota 
 55.4   or any other state, or local social services agency shall 
 55.5   receive a reimbursement from the commissioner equal to 100 
 55.6   percent of the reasonable and appropriate cost of providing 
 55.7   adoption services for a child certified as eligible for adoption 
 55.8   assistance under subdivision 4.  Such assistance may include 
 55.9   adoptive family recruitment, counseling, and special training 
 55.10  when needed.  A Minnesota-licensed child-placing agency licensed 
 55.11  in Minnesota or any other state shall receive reimbursement for 
 55.12  adoption services it purchases for or directly provides to an 
 55.13  eligible child.  A local social services agency shall receive 
 55.14  such reimbursement only for adoption services it purchases for 
 55.15  an eligible child. 
 55.16     (b) A Minnesota-licensed child-placing agency licensed in 
 55.17  Minnesota or any other state or local social services agency 
 55.18  seeking reimbursement under this subdivision shall enter into a 
 55.19  reimbursement agreement with the commissioner before providing 
 55.20  adoption services for which reimbursement is sought.  No 
 55.21  reimbursement under this subdivision shall be made to an agency 
 55.22  for services provided prior to entering a reimbursement 
 55.23  agreement.  Separate reimbursement agreements shall be made for 
 55.24  each child and separate records shall be kept on each child for 
 55.25  whom a reimbursement agreement is made.  Funds encumbered and 
 55.26  obligated under such an agreement for the child remain available 
 55.27  until the terms of the agreement are fulfilled or the agreement 
 55.28  is terminated. 
 55.29     (c) When a local social services agency uses a purchase of 
 55.30  service agreement to provide services reimbursable under a 
 55.31  reimbursement agreement, the commissioner may make reimbursement 
 55.32  payments directly to the agency providing the service if direct 
 55.33  reimbursement is specified by the purchase of service agreement, 
 55.34  and if the request for reimbursement is submitted by the local 
 55.35  social services agency along with a verification that the 
 55.36  service was provided. 
 56.1      Sec. 23.  Minnesota Statutes 1998, section 259.73, is 
 56.2   amended to read: 
 56.3      259.73 [REIMBURSEMENT OF NONRECURRING ADOPTION EXPENSES.] 
 56.4      The commissioner of human services shall provide 
 56.5   reimbursement of up to $2,000 to the adoptive parent or parents 
 56.6   for costs incurred in adopting a child with special needs.  The 
 56.7   commissioner shall determine the child's eligibility for 
 56.8   adoption expense reimbursement under title IV-E of the Social 
 56.9   Security Act, United States Code, title 42, sections 670 to 
 56.10  676.  To be reimbursed, costs must be reasonable, necessary, and 
 56.11  directly related to the legal adoption of the child. 
 56.12     Sec. 24.  Minnesota Statutes 1998, section 259.85, 
 56.13  subdivision 2, is amended to read: 
 56.14     Subd. 2.  [ELIGIBILITY CRITERIA.] A child may be certified 
 56.15  by the local social service services agency as eligible for a 
 56.16  postadoption service grant after a final decree of adoption and 
 56.17  before the child's 18th birthday if: 
 56.18     (a) (1) the child was a ward of the commissioner or a 
 56.19  Minnesota licensed child-placing agency before adoption; 
 56.20     (b) (2) the child had special needs at the time of adoption.
 56.21  For the purposes of this section, "special needs" means a child 
 56.22  who had a physical, mental, emotional, or behavioral disability 
 56.23  at the time of an adoption or has a preadoption background to 
 56.24  which the current development of such disabilities can be 
 56.25  attributed; and 
 56.26     (c) (3) the adoptive parents have exhausted all other 
 56.27  available resources.  Available resources include public income 
 56.28  support programs, medical assistance, health insurance coverage, 
 56.29  services available through community resources, and any other 
 56.30  private or public benefits or resources available to the family 
 56.31  or to the child to meet the child's special needs; and 
 56.32     (4) the child is under 18 years of age or, if the child is 
 56.33  under 22 years of age and remains dependent on the adoptive 
 56.34  parent or parents for care and financial support and is enrolled 
 56.35  in a secondary education program as a full-time student.  
 56.36     Sec. 25.  Minnesota Statutes 1998, section 259.85, 
 57.1   subdivision 3, is amended to read: 
 57.2      Subd. 3.  [CERTIFICATION STATEMENT.] The local social 
 57.3   service services agency shall certify a child's eligibility for 
 57.4   a postadoption service grant in writing to the commissioner.  
 57.5   The certification statement shall include:  
 57.6      (1) a description and history of the special needs upon 
 57.7   which eligibility is based; and 
 57.8      (2) separate certification for each of the eligibility 
 57.9   criteria under subdivision 2, that the criteria are met; and 
 57.10     (3) applicable supporting documentation including: 
 57.11     (i) the child's individual service plan; 
 57.12     (ii) medical, psychological, or special education 
 57.13  evaluations; 
 57.14     (iii) documentation that all other resources have been 
 57.15  exhausted; and 
 57.16     (iv) an estimate of the costs necessary to meet the special 
 57.17  needs of the child.  
 57.18     Sec. 26.  Minnesota Statutes 1998, section 259.85, 
 57.19  subdivision 5, is amended to read: 
 57.20     Subd. 5.  [GRANT PAYMENTS.] The amount of the postadoption 
 57.21  service grant payment shall be based on the special needs of the 
 57.22  child and the determination that other resources to meet those 
 57.23  special needs are not available.  The amount of any grant 
 57.24  payments shall be based on the severity of the child's 
 57.25  disability and the effect of the disability on the family and 
 57.26  must not exceed $10,000 annually.  Adoptive parents are eligible 
 57.27  for grant payments until their child's 18th birthday, or if the 
 57.28  child is under 22 years of age and remains dependent on the 
 57.29  adoptive parent or parents for care and financial support and is 
 57.30  enrolled in a secondary education program as a full-time student.
 57.31     Permissible expenses that may be paid from grants shall be 
 57.32  limited to:  
 57.33     (1) medical expenses not covered by the family's health 
 57.34  insurance or medical assistance; 
 57.35     (2) therapeutic expenses, including individual and family 
 57.36  therapy; and 
 58.1      (3) nonmedical services, items, or equipment required to 
 58.2   meet the special needs of the child.  
 58.3      The grants under this section shall not be used for 
 58.4   maintenance for out-of-home placement of the child in substitute 
 58.5   care. 
 58.6      Sec. 27.  Minnesota Statutes 1998, section 259.89, is 
 58.7   amended by adding a subdivision to read: 
 58.8      Subd. 6.  [DETERMINATION OF ELIGIBILITY FOR ENROLLMENT OR 
 58.9   MEMBERSHIP IN A FEDERALLY RECOGNIZED AMERICAN INDIAN TRIBE.] The 
 58.10  state registrar shall provide a copy of an adopted person's 
 58.11  original birth certificate to an authorized representative of a 
 58.12  federally recognized American Indian tribe for the sole purpose 
 58.13  of determining the adopted person's eligibility for enrollment 
 58.14  or membership in the tribe. 
 58.15     Sec. 28.  Minnesota Statutes 1998, section 260.012, is 
 58.16  amended to read: 
 58.17     260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 58.18  REUNIFICATION; REASONABLE EFFORTS.] 
 58.19     (a) If Once a child alleged to be in need of protection or 
 58.20  services is under the court's jurisdiction, the court shall 
 58.21  ensure that reasonable efforts including culturally appropriate 
 58.22  services by the social service services agency are made to 
 58.23  prevent placement or to eliminate the need for removal and to 
 58.24  reunite the child with the child's family at the earliest 
 58.25  possible time, consistent with the best interests, safety, and 
 58.26  protection of the child.  The court may, upon motion and 
 58.27  hearing, order the cessation of reasonable efforts if the court 
 58.28  finds that provision of services or further services for the 
 58.29  purpose of rehabilitation and reunification is futile and 
 58.30  therefore unreasonable under the circumstances.  In determining 
 58.31  reasonable efforts to be made with respect to a child and in 
 58.32  making those reasonable efforts, the child's health and safety 
 58.33  must be of paramount concern.  Reasonable efforts for 
 58.34  rehabilitation and reunification are not required if upon a 
 58.35  determination by the court determines that: 
 58.36     (1) a termination of parental rights petition has been 
 59.1   filed stating a prima facie case that: 
 59.2      (i) the parent has subjected the a child to egregious harm 
 59.3   as defined in section 260.015, subdivision 29, or; 
 59.4      (ii) the parental rights of the parent to a sibling another 
 59.5   child have been terminated involuntarily; or 
 59.6      (iii) the child is an abandoned infant under section 
 59.7   260.221, subdivision 1a, paragraph (a), clause (2); 
 59.8      (2) the county attorney has filed a determination not to 
 59.9   proceed with a termination of parental rights petition on these 
 59.10  grounds was made under section 260.221, subdivision 1b, 
 59.11  paragraph (b), and a permanency hearing is held within 30 days 
 59.12  of the determination.; or 
 59.13     (3) a termination of parental rights petition or other 
 59.14  petition according to section 260.191, subdivision 3b, has been 
 59.15  filed alleging a prima facie case that the provision of services 
 59.16  or further services for the purpose of reunification is futile 
 59.17  and therefore unreasonable under the circumstances. 
 59.18     In the case of an Indian child, in proceedings under 
 59.19  sections 260.172, 260.191, and 260.221 the juvenile court must 
 59.20  make findings and conclusions consistent with the Indian Child 
 59.21  Welfare Act of 1978, United States Code, title 25, section 1901 
 59.22  et seq., as to the provision of active efforts.  If a child is 
 59.23  under the court's delinquency jurisdiction, it shall be the duty 
 59.24  of the court to ensure that reasonable efforts are made to 
 59.25  reunite the child with the child's family at the earliest 
 59.26  possible time, consistent with the best interests of the child 
 59.27  and the safety of the public. 
 59.28     (b) "Reasonable efforts" means the exercise of due 
 59.29  diligence by the responsible social service services agency to 
 59.30  use appropriate and available services to meet the needs of the 
 59.31  child and the child's family in order to prevent removal of the 
 59.32  child from the child's family; or upon removal, services to 
 59.33  eliminate the need for removal and reunite the family.  
 59.34     (1) Services may include those listed under section 
 59.35  256F.07, subdivision 3, and other appropriate services available 
 59.36  in the community.  
 60.1      (2) At each stage of the proceedings where the court is 
 60.2   required to review the appropriateness of the responsible social 
 60.3   services agency's reasonable efforts, the social service 
 60.4   services agency has the burden of demonstrating that it has made 
 60.5   reasonable efforts, or that provision of services or further 
 60.6   services for the purpose of rehabilitation and reunification is 
 60.7   futile and therefore unreasonable under the circumstances. or 
 60.8   that reasonable efforts aimed at reunification are not required 
 60.9   under this section.  The agency may meet this burden by stating 
 60.10  facts in a sworn petition filed under section 260.131, or by 
 60.11  filing an affidavit summarizing the agency's reasonable efforts 
 60.12  or facts the agency believes demonstrate there is no need for 
 60.13  reasonable efforts to reunify the parent and child. 
 60.14     (3) No reasonable efforts for reunification are required 
 60.15  when the court makes a determination under paragraph (a) unless, 
 60.16  after a hearing according to section 260.155, the court finds 
 60.17  there is not clear and convincing evidence of the facts upon 
 60.18  which the court based its prima facie determination.  In this 
 60.19  case, the court may proceed under section 260.235.  
 60.20  Reunification of a surviving child with a parent is not required 
 60.21  if the parent has been convicted of: 
 60.22     (1) (i) a violation of, or an attempt or conspiracy to 
 60.23  commit a violation of, sections 609.185 to 609.20; 609.222, 
 60.24  subdivision 2; or 609.223 in regard to another child of the 
 60.25  parent; 
 60.26     (2) (ii) a violation of section 609.222, subdivision 2; or 
 60.27  609.223, in regard to the surviving child; or 
 60.28     (3) (iii) a violation of, or an attempt or conspiracy to 
 60.29  commit a violation of, United States Code, title 18, section 
 60.30  1111(a) or 1112(a), in regard to another child of the parent. 
 60.31     (c) The juvenile court, in proceedings under sections 
 60.32  260.172, 260.191, and 260.221 shall make findings and 
 60.33  conclusions as to the provision of reasonable efforts.  When 
 60.34  determining whether reasonable efforts have been made, the court 
 60.35  shall consider whether services to the child and family were: 
 60.36     (1) relevant to the safety and protection of the child; 
 61.1      (2) adequate to meet the needs of the child and family; 
 61.2      (3) culturally appropriate; 
 61.3      (4) available and accessible; 
 61.4      (5) consistent and timely; and 
 61.5      (6) realistic under the circumstances. 
 61.6      In the alternative, the court may determine that provision 
 61.7   of services or further services for the purpose of 
 61.8   rehabilitation is futile and therefore unreasonable under the 
 61.9   circumstances or that reasonable efforts are not required as 
 61.10  provided in paragraph (a). 
 61.11     (d) This section does not prevent out-of-home placement for 
 61.12  treatment of a child with a mental disability when the child's 
 61.13  diagnostic assessment or individual treatment plan indicates 
 61.14  that appropriate and necessary treatment cannot be effectively 
 61.15  provided outside of a residential or inpatient treatment program.
 61.16     (e) If continuation of reasonable efforts described in 
 61.17  paragraph (b) is determined by the court to be inconsistent with 
 61.18  the permanency permanent plan for the child, or upon a 
 61.19  determination under paragraph (a), reasonable efforts must be 
 61.20  made to place the child in a timely manner in accordance with 
 61.21  the permanency permanent plan ordered by the court and to 
 61.22  complete whatever steps are necessary to finalize the permanency 
 61.23  permanent plan for the child.  
 61.24     (f) Reasonable efforts to place a child for adoption or in 
 61.25  another permanent placement may be made concurrently with 
 61.26  reasonable efforts as described in paragraphs (a) and (b).  When 
 61.27  the responsible social services agency decides to concurrently 
 61.28  make reasonable efforts for both reunification and permanent 
 61.29  placement away from the parent under paragraphs (a) and (b), the 
 61.30  agency shall disclose its decision and both plans for concurrent 
 61.31  reasonable efforts to all parties and the court.  When the 
 61.32  agency discloses its decision to proceed on both plans for 
 61.33  reunification and permanent placement away from the parent, the 
 61.34  court's review of the agency's reasonable efforts shall include 
 61.35  the agency's efforts under paragraphs (a) and (b). 
 61.36     Sec. 29.  Minnesota Statutes 1998, section 260.015, 
 62.1   subdivision 2a, is amended to read: 
 62.2      Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
 62.3   "Child in need of protection or services" means a child who is 
 62.4   in need of protection or services because the child: 
 62.5      (1) is abandoned or without parent, guardian, or custodian; 
 62.6      (2)(i) has been a victim of physical or sexual abuse, (ii) 
 62.7   resides with or has resided with a victim of domestic child 
 62.8   abuse as defined in subdivision 24, (iii) resides with or would 
 62.9   reside with a perpetrator of domestic child abuse or child abuse 
 62.10  as defined in subdivision 28, or (iv) is a victim of emotional 
 62.11  maltreatment as defined in subdivision 5a; 
 62.12     (3) is without necessary food, clothing, shelter, 
 62.13  education, or other required care for the child's physical or 
 62.14  mental health or morals because the child's parent, guardian, or 
 62.15  custodian is unable or unwilling to provide that care; 
 62.16     (4) is without the special care made necessary by a 
 62.17  physical, mental, or emotional condition because the child's 
 62.18  parent, guardian, or custodian is unable or unwilling to provide 
 62.19  that care; 
 62.20     (5) is medically neglected, which includes, but is not 
 62.21  limited to, the withholding of medically indicated treatment 
 62.22  from a disabled infant with a life-threatening condition.  The 
 62.23  term "withholding of medically indicated treatment" means the 
 62.24  failure to respond to the infant's life-threatening conditions 
 62.25  by providing treatment, including appropriate nutrition, 
 62.26  hydration, and medication which, in the treating physician's or 
 62.27  physicians' reasonable medical judgment, will be most likely to 
 62.28  be effective in ameliorating or correcting all conditions, 
 62.29  except that the term does not include the failure to provide 
 62.30  treatment other than appropriate nutrition, hydration, or 
 62.31  medication to an infant when, in the treating physician's or 
 62.32  physicians' reasonable medical judgment: 
 62.33     (i) the infant is chronically and irreversibly comatose; 
 62.34     (ii) the provision of the treatment would merely prolong 
 62.35  dying, not be effective in ameliorating or correcting all of the 
 62.36  infant's life-threatening conditions, or otherwise be futile in 
 63.1   terms of the survival of the infant; or 
 63.2      (iii) the provision of the treatment would be virtually 
 63.3   futile in terms of the survival of the infant and the treatment 
 63.4   itself under the circumstances would be inhumane; 
 63.5      (6) is one whose parent, guardian, or other custodian for 
 63.6   good cause desires to be relieved of the child's care and 
 63.7   custody; 
 63.8      (7) has been placed for adoption or care in violation of 
 63.9   law; 
 63.10     (8) is without proper parental care because of the 
 63.11  emotional, mental, or physical disability, or state of 
 63.12  immaturity of the child's parent, guardian, or other custodian; 
 63.13     (9) is one whose behavior, condition, or environment is 
 63.14  such as to be injurious or dangerous to the child or others.  An 
 63.15  injurious or dangerous environment may include, but is not 
 63.16  limited to, the exposure of a child to criminal activity in the 
 63.17  child's home; 
 63.18     (10) is experiencing growth delays, which may be referred 
 63.19  to as failure to thrive, that have been diagnosed by a physician 
 63.20  and are due to parental neglect; 
 63.21     (11) has engaged in prostitution as defined in section 
 63.22  609.321, subdivision 9; 
 63.23     (12) has committed a delinquent act or a juvenile petty 
 63.24  offense before becoming ten years old; 
 63.25     (13) is a runaway; 
 63.26     (14) is an habitual truant; 
 63.27     (15) has been found incompetent to proceed or has been 
 63.28  found not guilty by reason of mental illness or mental 
 63.29  deficiency in connection with a delinquency proceeding, a 
 63.30  certification under section 260.125, an extended jurisdiction 
 63.31  juvenile prosecution, or a proceeding involving a juvenile petty 
 63.32  offense; 
 63.33     (16) is one whose custodial parent's parental rights to 
 63.34  another child have been involuntarily terminated within the past 
 63.35  five years; or 
 63.36     (17) has been found by the court to have committed domestic 
 64.1   abuse perpetrated by a minor under Laws 1997, chapter 239, 
 64.2   article 10, sections 2 to 26, has been ordered excluded from the 
 64.3   child's parent's home by an order for protection/minor 
 64.4   respondent, and the parent or guardian is either unwilling or 
 64.5   unable to provide an alternative safe living arrangement for the 
 64.6   child; or 
 64.7      (18) has a sibling who has been the subject of a 
 64.8   determination that protective services were needed, and has a 
 64.9   caregiver who has failed to help develop or comply with a 
 64.10  protective services case plan. 
 64.11     Sec. 30.  Minnesota Statutes 1998, section 260.015, 
 64.12  subdivision 13, is amended to read: 
 64.13     Subd. 13.  [RELATIVE.] "Relative" means a parent, 
 64.14  stepparent, grandparent, brother, sister, uncle, or aunt of the 
 64.15  minor.  This relationship may be by blood or marriage.  For an 
 64.16  Indian child, relative includes members of the extended family 
 64.17  as defined by the law or custom of the Indian child's tribe or, 
 64.18  in the absence of laws or custom, nieces, nephews, or first or 
 64.19  second cousins, as provided in the Indian Child Welfare Act of 
 64.20  1978, United States Code, title 25, section 1903.  For purposes 
 64.21  of dispositions, relative has the meaning given in section 
 64.22  260.181, subdivision 3. a child in need of protection or 
 64.23  services proceedings, termination of parental rights 
 64.24  proceedings, and permanency proceedings under section 260.191, 
 64.25  subdivision 3b, relative means a person related to the child by 
 64.26  blood, marriage, or adoption, or an individual who is an 
 64.27  important friend with whom the child has resided or had 
 64.28  significant contact. 
 64.29     Sec. 31.  Minnesota Statutes 1998, section 260.015, 
 64.30  subdivision 28, is amended to read: 
 64.31     Subd. 28.  [CHILD ABUSE.] "Child abuse" means domestic 
 64.32  child abuse as defined in subdivision 24 or an act that involves 
 64.33  a minor victim and that constitutes a violation of section 
 64.34  609.221, 609.222, 609.223, 609.224, 609.2242, 609.322, 609.324, 
 64.35  609.342, 609.343, 609.344, 609.345, 609.377, 609.378, or 617.246.
 64.36     Sec. 32.  Minnesota Statutes 1998, section 260.015, 
 65.1   subdivision 29, is amended to read: 
 65.2      Subd. 29.  [EGREGIOUS HARM.] "Egregious harm" means the 
 65.3   infliction of bodily harm to a child or neglect of a child which 
 65.4   demonstrates a grossly inadequate ability to provide minimally 
 65.5   adequate parental care.  The egregious harm need not have 
 65.6   occurred in the state or in the county where a termination of 
 65.7   parental rights action is otherwise properly venued.  Egregious 
 65.8   harm includes, but is not limited to: 
 65.9      (1) conduct towards a child that constitutes a violation of 
 65.10  sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 
 65.11  any other similar law of any other state; 
 65.12     (2) the infliction of "substantial bodily harm" to a child, 
 65.13  as defined in section 609.02, subdivision 7a; 
 65.14     (3) conduct towards a child that constitutes felony 
 65.15  malicious punishment of a child under section 609.377; 
 65.16     (4) conduct towards a child that constitutes felony 
 65.17  unreasonable restraint of a child under section 609.255, 
 65.18  subdivision 3; 
 65.19     (5) conduct towards a child that constitutes felony neglect 
 65.20  or endangerment of a child under section 609.378; 
 65.21     (6) conduct towards a child that constitutes assault under 
 65.22  section 609.221, 609.222, or 609.223; 
 65.23     (7) conduct towards a child that constitutes solicitation, 
 65.24  inducement, or promotion of, or receiving profit derived from 
 65.25  prostitution under section 609.322; 
 65.26     (8) conduct toward a child that constitutes murder or 
 65.27  voluntary manslaughter as defined by United States Code, title 
 65.28  18, section 1111(a) or 1112(a); or 
 65.29     (9) conduct toward a child that constitutes aiding or 
 65.30  abetting, attempting, conspiring, or soliciting to commit a 
 65.31  murder or voluntary manslaughter that constitutes a violation of 
 65.32  United States Code, title 18, section 1111(a) or 1112(a); or 
 65.33     (10) conduct toward a child that constitutes criminal 
 65.34  sexual conduct under sections 609.342 to 609.345. 
 65.35     Sec. 33.  Minnesota Statutes 1998, section 260.131, 
 65.36  subdivision 1a, is amended to read: 
 66.1      Subd. 1a.  [REVIEW OF FOSTER CARE STATUS.] The social 
 66.2   service services agency responsible for the placement of a child 
 66.3   in a residential facility, as defined in section 257.071, 
 66.4   subdivision 1, pursuant to a voluntary release by the child's 
 66.5   parent or parents may bring a petition in juvenile court to 
 66.6   review the foster care status of the child in the manner 
 66.7   provided in this section.  The responsible social services 
 66.8   agency shall file either a petition alleging the child to be in 
 66.9   need of protection or services or a petition to terminate 
 66.10  parental rights or other permanency petition under section 
 66.11  260.191, subdivision 3b. 
 66.12     (a) In the case of a child in voluntary placement according 
 66.13  to section 257.071, subdivision 3, the petition shall be filed 
 66.14  within 90 days of the date of the voluntary placement agreement 
 66.15  and shall state the reasons why the child is in placement, the 
 66.16  progress on the case plan required under section 257.071, 
 66.17  subdivision 1, and the statutory basis for the petition under 
 66.18  section 260.015, subdivision 2a, or 260.221 or 260.191, 
 66.19  subdivision 3b. 
 66.20     (1) In the case of a petition filed under this paragraph, 
 66.21  if all parties agree and the court finds it is in the best 
 66.22  interests of the child, the court may find the petition states a 
 66.23  prima facie case that: 
 66.24     (i) the child's needs are being met; 
 66.25     (ii) the placement of the child in foster care is in the 
 66.26  best interests of the child; and 
 66.27     (iii) the child will be returned home in the next six 
 66.28  months. 
 66.29     (2) If the court makes findings under paragraph (a), clause 
 66.30  (1), the court shall approve the voluntary arrangement and 
 66.31  continue the matter for up to six more months to ensure the 
 66.32  child returns to the parents' home.  The responsible social 
 66.33  services agency shall: 
 66.34     (i) report to the court when the child returns home and the 
 66.35  progress made by the parent on the case plan required under 
 66.36  section 257.071, in which case the court shall dismiss 
 67.1   jurisdiction; 
 67.2      (ii) report to the court that the child has not returned 
 67.3   home, in which case the matter shall be returned to the court 
 67.4   for further proceedings under section 260.155; or 
 67.5      (iii) if any party does not agree to continue the matter 
 67.6   under paragraph (a), clause (1), and this paragraph, the matter 
 67.7   shall proceed under section 260.155. 
 67.8      (b) In the case of a child in voluntary placement according 
 67.9   to section 257.071, subdivision 4, the petition shall be filed 
 67.10  within six months of the date of the voluntary placement 
 67.11  agreement and shall state the date of the voluntary placement 
 67.12  agreement, the nature of the child's developmental delay or 
 67.13  emotional handicap, the plan for the ongoing care of the child, 
 67.14  the parents' participation in the plan, and the statutory basis 
 67.15  for the petition. 
 67.16     (1) In the case of petitions filed under this paragraph, 
 67.17  the court may find, based on the contents of the sworn petition, 
 67.18  and the agreement of all parties, including the child, where 
 67.19  appropriate, that the voluntary arrangement is in the best 
 67.20  interests of the child, approve the voluntary arrangement, and 
 67.21  dismiss the matter from further jurisdiction.  The court shall 
 67.22  give notice to the responsible social services agency that the 
 67.23  matter must be returned to the court for further review if the 
 67.24  child remains in placement after 12 months. 
 67.25     (2) If any party, including the child, disagrees with the 
 67.26  voluntary arrangement, the court shall proceed under section 
 67.27  260.155. 
 67.28     Sec. 34.  Minnesota Statutes 1998, section 260.133, 
 67.29  subdivision 1, is amended to read: 
 67.30     Subdivision 1.  [PETITION.] The local welfare agency may 
 67.31  bring an emergency petition on behalf of minor family or 
 67.32  household members seeking relief from acts of domestic child 
 67.33  abuse.  The petition shall be brought according to section 
 67.34  260.131 and shall allege the existence of or immediate and 
 67.35  present danger of domestic child abuse, and shall be accompanied 
 67.36  by an affidavit made under oath stating the specific facts and 
 68.1   circumstances from which relief is sought.  The court has 
 68.2   jurisdiction over the parties to a domestic child abuse matter 
 68.3   notwithstanding that there is a parent in the child's household 
 68.4   who is willing to enforce the court's order and accept services 
 68.5   on behalf of the family. 
 68.6      Sec. 35.  Minnesota Statutes 1998, section 260.133, 
 68.7   subdivision 2, is amended to read: 
 68.8      Subd. 2.  [TEMPORARY ORDER.] If it appears from the 
 68.9   notarized petition or by sworn affidavit that there are 
 68.10  reasonable grounds to believe the child is in immediate and 
 68.11  present danger of domestic child abuse, the court may grant an 
 68.12  ex parte temporary order for protection, pending a full 
 68.13  hearing.  The court may grant relief as it deems proper, 
 68.14  including an order:  
 68.15     (1) restraining any party from committing acts of domestic 
 68.16  child abuse; or 
 68.17     (2) excluding the alleged abusing party from the dwelling 
 68.18  which the family or household members share or from the 
 68.19  residence of the child.  
 68.20     However, no order excluding the alleged abusing party from 
 68.21  the dwelling may be issued unless the court finds that:  
 68.22     (1) the order is in the best interests of the child or 
 68.23  children remaining in the dwelling; and 
 68.24     (2) a remaining adult family or household member is able to 
 68.25  care adequately for the child or children in the absence of the 
 68.26  excluded party.  
 68.27     Before the temporary order is issued, the local welfare 
 68.28  agency shall advise the court and the other parties who are 
 68.29  present that appropriate social services will be provided to the 
 68.30  family or household members during the effective period of the 
 68.31  order.  
 68.32     An ex parte temporary order for protection shall be 
 68.33  effective for a fixed period not to exceed 14 days until a 
 68.34  hearing is held on a petition under section 260.131.  Within 
 68.35  five days of the issuance of the temporary order, the petitioner 
 68.36  shall file a petition with the court pursuant to section 
 69.1   260.131, alleging that the child is in need of protection or 
 69.2   services and the court shall give docket priority to the 
 69.3   petition.  The contents of the petition shall consist of the 
 69.4   contents of the affidavit required under subdivision 1. 
 69.5      The court may renew the temporary order for protection one 
 69.6   time for a fixed period not to exceed 14 days if a petition 
 69.7   alleging that the child is in need of protection or services has 
 69.8   been filed with the court and if the court determines, upon 
 69.9   informal review of the case file, that the renewal is 
 69.10  appropriate. 
 69.11     Sec. 36.  Minnesota Statutes 1998, section 260.135, is 
 69.12  amended by adding a subdivision to read: 
 69.13     Subd. 1a.  [NOTICE.] After a petition has been filed 
 69.14  alleging a child to be in need of protection or services and 
 69.15  unless the persons named in clauses (1) to (4) voluntarily 
 69.16  appear or are summoned according to subdivision 1, the court 
 69.17  shall issue a notice to: 
 69.18     (1) an adjudicated or presumed father of the child; 
 69.19     (2) an alleged father of the child; 
 69.20     (3) a noncustodial mother; and 
 69.21     (4) a grandparent with the right to participate under 
 69.22  section 260.155, subdivision 1a. 
 69.23     Sec. 37.  Minnesota Statutes 1998, section 260.155, 
 69.24  subdivision 4, is amended to read: 
 69.25     Subd. 4.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 69.26  a guardian ad litem to protect the interests of the minor when 
 69.27  it appears, at any stage of the proceedings, that the minor is 
 69.28  without a parent or guardian, or that the minor's parent is a 
 69.29  minor or incompetent, or that the parent or guardian is 
 69.30  indifferent or hostile to the minor's interests, and in every 
 69.31  proceeding alleging a child's need for protection or services 
 69.32  under section 260.015, subdivision 2a.  In any other case the 
 69.33  court may appoint a guardian ad litem to protect the interests 
 69.34  of the minor when the court feels that such an appointment is 
 69.35  desirable.  The court shall appoint the guardian ad litem on its 
 69.36  own motion or in the manner provided for the appointment of a 
 70.1   guardian ad litem in the district court.  The court may appoint 
 70.2   separate counsel for the guardian ad litem if necessary.  
 70.3      (b) A guardian ad litem shall carry out the following 
 70.4   responsibilities: 
 70.5      (1) conduct an independent investigation to determine the 
 70.6   facts relevant to the situation of the child and the family, 
 70.7   which must include, unless specifically excluded by the court, 
 70.8   reviewing relevant documents; meeting with and observing the 
 70.9   child in the home setting and considering the child's wishes, as 
 70.10  appropriate; and interviewing parents, caregivers, and others 
 70.11  with knowledge relevant to the case; 
 70.12     (2) advocate for the child's best interests by 
 70.13  participating in appropriate aspects of the case and advocating 
 70.14  for appropriate community services when necessary; 
 70.15     (3) maintain the confidentiality of information related to 
 70.16  a case, with the exception of sharing information as permitted 
 70.17  by law to promote cooperative solutions that are in the best 
 70.18  interests of the child; 
 70.19     (4) monitor the child's best interests throughout the 
 70.20  judicial proceeding; and 
 70.21     (5) present written reports on the child's best interests 
 70.22  that include conclusions and recommendations and the facts upon 
 70.23  which they are based. 
 70.24     (c) Except in cases where the child is alleged to have been 
 70.25  abused or neglected, the court may waive the appointment of a 
 70.26  guardian ad litem pursuant to clause (a), whenever counsel has 
 70.27  been appointed pursuant to subdivision 2 or is retained 
 70.28  otherwise, and the court is satisfied that the interests of the 
 70.29  minor are protected. 
 70.30     (d) In appointing a guardian ad litem pursuant to clause 
 70.31  (a), the court shall not appoint the party, or any agent or 
 70.32  employee thereof, filing a petition pursuant to section 260.131. 
 70.33     (e) The following factors shall be considered when 
 70.34  appointing a guardian ad litem in a case involving an Indian or 
 70.35  minority child: 
 70.36     (1) whether a person is available who is the same racial or 
 71.1   ethnic heritage as the child or, if that is not possible; 
 71.2      (2) whether a person is available who knows and appreciates 
 71.3   the child's racial or ethnic heritage. 
 71.4      Sec. 38.  Minnesota Statutes 1998, section 260.155, 
 71.5   subdivision 8, is amended to read: 
 71.6      Subd. 8.  [WAIVER.] (a) Waiver of any right which a child 
 71.7   has under this chapter must be an express waiver voluntarily and 
 71.8   intelligently made by the child after the child has been fully 
 71.9   and effectively informed of the right being waived.  If a child 
 71.10  is not represented by counsel, any waiver must be given or any 
 71.11  objection must be offered by the child's guardian ad litem. 
 71.12     (b) Waiver of a child's right to be represented by counsel 
 71.13  provided under the juvenile court rules must be an express 
 71.14  waiver voluntarily and intelligently made by the child after the 
 71.15  child has been fully and effectively informed of the right being 
 71.16  waived.  In determining whether a child has voluntarily and 
 71.17  intelligently waived the right to counsel, the court shall look 
 71.18  to the totality of the circumstances which includes but is not 
 71.19  limited to the child's age, maturity, intelligence, education, 
 71.20  experience, and ability to comprehend, and the presence and 
 71.21  competence of the child's parents, guardian, or guardian ad 
 71.22  litem.  If the court accepts the child's waiver, it shall state 
 71.23  on the record the findings and conclusions that form the basis 
 71.24  for its decision to accept the waiver. 
 71.25     Sec. 39.  Minnesota Statutes 1998, section 260.172, 
 71.26  subdivision 1, is amended to read: 
 71.27     Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
 71.28  a child was taken into custody under section 260.165, 
 71.29  subdivision 1, clause (a) or (c)(2), the court shall hold a 
 71.30  hearing within 72 hours of the time the child was taken into 
 71.31  custody, excluding Saturdays, Sundays, and holidays, to 
 71.32  determine whether the child should continue in custody.  
 71.33     (b) In all other cases, the court shall hold a detention 
 71.34  hearing: 
 71.35     (1) within 36 hours of the time the child was taken into 
 71.36  custody, excluding Saturdays, Sundays, and holidays, if the 
 72.1   child is being held at a juvenile secure detention facility or 
 72.2   shelter care facility; or 
 72.3      (2) within 24 hours of the time the child was taken into 
 72.4   custody, excluding Saturdays, Sundays, and holidays, if the 
 72.5   child is being held at an adult jail or municipal lockup.  
 72.6      (c) Unless there is reason to believe that the child would 
 72.7   endanger self or others, not return for a court hearing, run 
 72.8   away from the child's parent, guardian, or custodian or 
 72.9   otherwise not remain in the care or control of the person to 
 72.10  whose lawful custody the child is released, or that the child's 
 72.11  health or welfare would be immediately endangered, the child 
 72.12  shall be released to the custody of a parent, guardian, 
 72.13  custodian, or other suitable person, subject to reasonable 
 72.14  conditions of release including, but not limited to, a 
 72.15  requirement that the child undergo a chemical use assessment as 
 72.16  provided in section 260.151, subdivision 1.  In determining 
 72.17  whether the child's health or welfare would be immediately 
 72.18  endangered, the court shall consider whether the child would 
 72.19  reside with a perpetrator of domestic child abuse.  In a 
 72.20  proceeding regarding a child in need of protection or services, 
 72.21  the court, before determining whether a child should continue in 
 72.22  custody, shall also make a determination, consistent with 
 72.23  section 260.012 as to whether reasonable efforts, or in the case 
 72.24  of an Indian child, active efforts, according to the Indian 
 72.25  Child Welfare Act of 1978, United States Code, title 25, section 
 72.26  1912(d), were made to prevent placement or to reunite the child 
 72.27  with the child's family, or that reasonable efforts were not 
 72.28  possible.  The court shall also determine whether there are 
 72.29  available services that would prevent the need for further 
 72.30  detention. 
 72.31     If the court finds the social services agency's preventive 
 72.32  or reunification efforts have not been reasonable but further 
 72.33  preventive or reunification efforts could not permit the child 
 72.34  to safely remain at home, the court may nevertheless authorize 
 72.35  or continue the removal of the child. 
 72.36     The court may determine (d) At the detention hearing, or at 
 73.1   any time prior to an adjudicatory hearing, that reasonable 
 73.2   efforts are not required because the facts, if proved, will 
 73.3   demonstrate that the parent has subjected the child to egregious 
 73.4   harm as defined in section 260.015, subdivision 29, or the 
 73.5   parental rights of the parent to a sibling of the child have 
 73.6   been terminated involuntarily. and upon notice and request of 
 73.7   the county attorney, the court shall make the following 
 73.8   determinations: 
 73.9      (1) whether a termination of parental rights petition has 
 73.10  been filed stating a prima facie case that: 
 73.11     (i) the parent has subjected a child to egregious harm as 
 73.12  defined in section 260.015, subdivision 29; 
 73.13     (ii) the parental rights of the parent to another child 
 73.14  have been involuntarily terminated; or 
 73.15     (iii) the child is an abandoned infant under section 
 73.16  260.221, subdivision 1a, paragraph (a), clause (2); 
 73.17     (2) that the county attorney has determined not to proceed 
 73.18  with a termination of parental rights petition under section 
 73.19  260.221, subdivision 1b; or 
 73.20     (3) whether a termination of parental rights petition or 
 73.21  other petition according to section 260.191, subdivision 3b, has 
 73.22  been filed alleging a prima facie case that the provision of 
 73.23  services or further services for the purpose of rehabilitation 
 73.24  and reunification is futile and therefore unreasonable under the 
 73.25  circumstances. 
 73.26     If the court determines that the county attorney is not 
 73.27  proceeding with a termination of parental rights petition under 
 73.28  section 260.221, subdivision 1b, but is proceeding with a 
 73.29  petition under section 260.191, subdivision 3b, the court shall 
 73.30  schedule a permanency hearing within 30 days.  If the county 
 73.31  attorney has filed a petition under section 260.221, subdivision 
 73.32  1b, the court shall schedule a trial under section 260.155 
 73.33  within 90 days of the filing of the petition except when the 
 73.34  county attorney determines that the criminal case shall proceed 
 73.35  to trial first under section 260.191, subdivision 1b. 
 73.36     (e) If the court determines the child should be ordered 
 74.1   into out-of-home placement and the child's parent refuses to 
 74.2   give information to the responsible social services agency 
 74.3   regarding the child's father or relatives of the child, the 
 74.4   court may order the parent to disclose the names, addresses, 
 74.5   telephone numbers, and other identifying information to the 
 74.6   local social services agency for the purpose of complying with 
 74.7   the requirements of sections 257.071, 257.072, and 260.135. 
 74.8      Sec. 40.  Minnesota Statutes 1998, section 260.172, is 
 74.9   amended by adding a subdivision to read: 
 74.10     Subd. 5.  [CASE PLAN.] (a) A case plan required under 
 74.11  section 257.071 shall be filed with the court within 30 days of 
 74.12  the filing of a petition alleging the child to be in need of 
 74.13  protection or services under section 260.131. 
 74.14     (b) Upon the filing of the case plan, the court may approve 
 74.15  the case plan based on the allegations contained in the 
 74.16  petition.  A parent may agree to comply with the terms of the 
 74.17  case plan filed with the court. 
 74.18     (c) Upon notice and motion by a parent who agrees to comply 
 74.19  with the terms of a case plan, the court may modify the case and 
 74.20  order the responsible social services agency to provide other or 
 74.21  additional services for reunification, if reunification efforts 
 74.22  are required, and the court determines the agency's case plan 
 74.23  inadequate under section 260.012. 
 74.24     (d) Unless the parent agrees to comply with the terms of 
 74.25  the case plan, the court may not order a parent to comply with 
 74.26  the provisions of the case plan until the court makes a 
 74.27  determination under section 260.191, subdivision 1. 
 74.28     Sec. 41.  Minnesota Statutes 1998, section 260.191, 
 74.29  subdivision 1, is amended to read: 
 74.30     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 74.31  the child is in need of protection or services or neglected and 
 74.32  in foster care, it shall enter an order making any of the 
 74.33  following dispositions of the case: 
 74.34     (1) place the child under the protective supervision of the 
 74.35  local social services agency or child-placing agency in the 
 74.36  child's own home of a parent of the child under conditions 
 75.1   prescribed by the court directed to the correction of the 
 75.2   child's need for protection or services;, or: 
 75.3      (i) the court may order the child into the home of a parent 
 75.4   who does not otherwise have legal custody of the child, however, 
 75.5   an order under this section does not confer legal custody on 
 75.6   that parent; 
 75.7      (ii) if the court orders the child into the home of a 
 75.8   father who is not adjudicated, he must cooperate with paternity 
 75.9   establishment proceedings regarding the child in the appropriate 
 75.10  jurisdiction as one of the conditions prescribed by the court 
 75.11  for the child to continue in his home; 
 75.12     (iii) the court may order the child into the home of a 
 75.13  noncustodial parent with conditions and may also order both the 
 75.14  noncustodial and the custodial parent to comply with the 
 75.15  requirements of a case plan under subdivision 1a; 
 75.16     (2) transfer legal custody to one of the following: 
 75.17     (i) a child-placing agency; or 
 75.18     (ii) the local social services agency. 
 75.19     In placing a child whose custody has been transferred under 
 75.20  this paragraph, the agencies shall follow the order of 
 75.21  preference stated in requirements of section 260.181, 
 75.22  subdivision 3; 
 75.23     (3) if the child is in need of special treatment and care 
 75.24  for reasons of physical or mental health, the court may order 
 75.25  the child's parent, guardian, or custodian to provide it.  If 
 75.26  the parent, guardian, or custodian fails or is unable to provide 
 75.27  this treatment or care, the court may order it provided.  The 
 75.28  court shall not transfer legal custody of the child for the 
 75.29  purpose of obtaining special treatment or care solely because 
 75.30  the parent is unable to provide the treatment or care.  If the 
 75.31  court's order for mental health treatment is based on a 
 75.32  diagnosis made by a treatment professional, the court may order 
 75.33  that the diagnosing professional not provide the treatment to 
 75.34  the child if it finds that such an order is in the child's best 
 75.35  interests; or 
 75.36     (4) if the court believes that the child has sufficient 
 76.1   maturity and judgment and that it is in the best interests of 
 76.2   the child, the court may order a child 16 years old or older to 
 76.3   be allowed to live independently, either alone or with others as 
 76.4   approved by the court under supervision the court considers 
 76.5   appropriate, if the county board, after consultation with the 
 76.6   court, has specifically authorized this dispositional 
 76.7   alternative for a child. 
 76.8      (b) If the child was adjudicated in need of protection or 
 76.9   services because the child is a runaway or habitual truant, the 
 76.10  court may order any of the following dispositions in addition to 
 76.11  or as alternatives to the dispositions authorized under 
 76.12  paragraph (a): 
 76.13     (1) counsel the child or the child's parents, guardian, or 
 76.14  custodian; 
 76.15     (2) place the child under the supervision of a probation 
 76.16  officer or other suitable person in the child's own home under 
 76.17  conditions prescribed by the court, including reasonable rules 
 76.18  for the child's conduct and the conduct of the parents, 
 76.19  guardian, or custodian, designed for the physical, mental, and 
 76.20  moral well-being and behavior of the child; or with the consent 
 76.21  of the commissioner of corrections, place the child in a group 
 76.22  foster care facility which is under the commissioner's 
 76.23  management and supervision; 
 76.24     (3) subject to the court's supervision, transfer legal 
 76.25  custody of the child to one of the following: 
 76.26     (i) a reputable person of good moral character.  No person 
 76.27  may receive custody of two or more unrelated children unless 
 76.28  licensed to operate a residential program under sections 245A.01 
 76.29  to 245A.16; or 
 76.30     (ii) a county probation officer for placement in a group 
 76.31  foster home established under the direction of the juvenile 
 76.32  court and licensed pursuant to section 241.021; 
 76.33     (4) require the child to pay a fine of up to $100.  The 
 76.34  court shall order payment of the fine in a manner that will not 
 76.35  impose undue financial hardship upon the child; 
 76.36     (5) require the child to participate in a community service 
 77.1   project; 
 77.2      (6) order the child to undergo a chemical dependency 
 77.3   evaluation and, if warranted by the evaluation, order 
 77.4   participation by the child in a drug awareness program or an 
 77.5   inpatient or outpatient chemical dependency treatment program; 
 77.6      (7) if the court believes that it is in the best interests 
 77.7   of the child and of public safety that the child's driver's 
 77.8   license or instruction permit be canceled, the court may order 
 77.9   the commissioner of public safety to cancel the child's license 
 77.10  or permit for any period up to the child's 18th birthday.  If 
 77.11  the child does not have a driver's license or permit, the court 
 77.12  may order a denial of driving privileges for any period up to 
 77.13  the child's 18th birthday.  The court shall forward an order 
 77.14  issued under this clause to the commissioner, who shall cancel 
 77.15  the license or permit or deny driving privileges without a 
 77.16  hearing for the period specified by the court.  At any time 
 77.17  before the expiration of the period of cancellation or denial, 
 77.18  the court may, for good cause, order the commissioner of public 
 77.19  safety to allow the child to apply for a license or permit, and 
 77.20  the commissioner shall so authorize; 
 77.21     (8) order that the child's parent or legal guardian deliver 
 77.22  the child to school at the beginning of each school day for a 
 77.23  period of time specified by the court; or 
 77.24     (9) require the child to perform any other activities or 
 77.25  participate in any other treatment programs deemed appropriate 
 77.26  by the court.  
 77.27     To the extent practicable, the court shall enter a 
 77.28  disposition order the same day it makes a finding that a child 
 77.29  is in need of protection or services or neglected and in foster 
 77.30  care, but in no event more than 15 days after the finding unless 
 77.31  the court finds that the best interests of the child will be 
 77.32  served by granting a delay.  If the child was under eight years 
 77.33  of age at the time the petition was filed, the disposition order 
 77.34  must be entered within ten days of the finding and the court may 
 77.35  not grant a delay unless good cause is shown and the court finds 
 77.36  the best interests of the child will be served by the delay. 
 78.1      (c) If a child who is 14 years of age or older is 
 78.2   adjudicated in need of protection or services because the child 
 78.3   is a habitual truant and truancy procedures involving the child 
 78.4   were previously dealt with by a school attendance review board 
 78.5   or county attorney mediation program under section 260A.06 or 
 78.6   260A.07, the court shall order a cancellation or denial of 
 78.7   driving privileges under paragraph (b), clause (7), for any 
 78.8   period up to the child's 18th birthday. 
 78.9      (d) In the case of a child adjudicated in need of 
 78.10  protection or services because the child has committed domestic 
 78.11  abuse and been ordered excluded from the child's parent's home, 
 78.12  the court shall dismiss jurisdiction if the court, at any time, 
 78.13  finds the parent is able or willing to provide an alternative 
 78.14  safe living arrangement for the child, as defined in Laws 1997, 
 78.15  chapter 239, article 10, section 2. 
 78.16     Sec. 42.  Minnesota Statutes 1998, section 260.191, 
 78.17  subdivision 1b, is amended to read: 
 78.18     Subd. 1b.  [DOMESTIC CHILD ABUSE.] If the court finds that 
 78.19  the child is a victim of domestic child abuse, as defined in 
 78.20  section 260.015, subdivision 24, it may order any of the 
 78.21  following dispositions of the case in addition to or as 
 78.22  alternatives to the dispositions authorized under subdivision 1: 
 78.23     (1) restrain any party from committing acts of domestic 
 78.24  child abuse; 
 78.25     (2) exclude the abusing party from the dwelling which the 
 78.26  family or household members share or from the residence of the 
 78.27  child; 
 78.28     (3) on the same basis as is provided in chapter 518, 
 78.29  establish temporary visitation with regard to minor children of 
 78.30  the adult family or household members; 
 78.31     (4) on the same basis as is provided in chapter 518, 
 78.32  establish temporary support or maintenance for a period of 30 
 78.33  days for minor children or a spouse; 
 78.34     (5) provide counseling or other social services for the 
 78.35  family or household members; or 
 78.36     (6) order the abusing party to participate in treatment or 
 79.1   counseling services.  
 79.2      Any relief granted by the order for protection shall be for 
 79.3   a fixed period not to exceed one year.  
 79.4      However, no order excluding the abusing party from the 
 79.5   dwelling may be issued unless the court finds that:  
 79.6      (1) the order is in the best interests of the child or 
 79.7   children remaining in the dwelling; and 
 79.8      (2) a remaining adult family or household member is able to 
 79.9   care adequately for the child or children in the absence of the 
 79.10  excluded party; and 
 79.11     (3) the local welfare agency has developed a plan to 
 79.12  provide appropriate social services to the remaining family or 
 79.13  household members.  
 79.14     When the court has entered a disposition under this 
 79.15  subdivision, it may dismiss the local social services agency 
 79.16  from the proceeding and retain jurisdiction over the child, 
 79.17  family or household members, and abusing party. 
 79.18     Sec. 43.  Minnesota Statutes 1998, section 260.191, 
 79.19  subdivision 3b, is amended to read: 
 79.20     Subd. 3b.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
 79.21  PLACEMENT DETERMINATION.] (a) Except for cases where the child 
 79.22  is in placement due solely to the child's status as 
 79.23  developmentally delayed under United States Code, title 42, 
 79.24  section 6001(7), or emotionally handicapped under section 
 79.25  252.27, and where custody has not been transferred to the 
 79.26  responsible social services agency, the court shall conduct a 
 79.27  hearing to determine the permanent status of a child not later 
 79.28  than 12 months after the child is placed out of the home of the 
 79.29  parent, except that if the child was under eight years of age at 
 79.30  the time the petition was filed, the hearing must be conducted 
 79.31  no later than six months after the child is placed out of the 
 79.32  home of the parent. 
 79.33     For purposes of this subdivision, the date of the child's 
 79.34  placement out of the home of the parent is the earlier of the 
 79.35  first court-ordered placement or 60 days after the date on which 
 79.36  the child has been voluntarily placed out of the home. 
 80.1      For purposes of this subdivision, 12 months is calculated 
 80.2   as follows: 
 80.3      (1) during the pendency of a petition alleging that a child 
 80.4   is in need of protection or services, all time periods when a 
 80.5   child is placed out of the home of the parent are cumulated; 
 80.6      (2) if a child has been placed out of the home of the 
 80.7   parent within the previous five years in connection with one or 
 80.8   more prior petitions for a child in need of protection or 
 80.9   services, the lengths of all prior time periods when the child 
 80.10  was placed out of the home within the previous five years and 
 80.11  under the current petition, are cumulated.  If a child under 
 80.12  this clause has been out of the home for 12 months or more, the 
 80.13  court, if it is in the best interests of the child and for 
 80.14  compelling reasons, may extend the total time the child may 
 80.15  continue out of the home under the current petition up to an 
 80.16  additional six months before making a permanency determination.  
 80.17     (b) Unless the responsible social services agency 
 80.18  recommends return of the child to the custodial parent or 
 80.19  parents, not later than ten 30 days prior to this hearing, the 
 80.20  responsible social service services agency shall file pleadings 
 80.21  in juvenile court to establish the basis for the juvenile court 
 80.22  to order permanent placement determination of the child 
 80.23  according to paragraph (d).  Notice of the hearing and copies of 
 80.24  the pleadings must be provided pursuant to section 260.141.  If 
 80.25  a termination of parental rights petition is filed before the 
 80.26  date required for the permanency planning determination, and 
 80.27  there is a trial under section 260.155 scheduled on that 
 80.28  petition within 90 days of the filing of the petition, no 
 80.29  hearing need be conducted under this subdivision. 
 80.30     (c) At the conclusion of the hearing, the court shall 
 80.31  determine whether order the child is to be returned home or, if 
 80.32  not, what order a permanent placement is consistent with in the 
 80.33  child's best interests.  The "best interests of the child" means 
 80.34  all relevant factors to be considered and evaluated. 
 80.35     (c) (d) At a hearing under this subdivision, if the child 
 80.36  was under eight years of age at the time the petition was filed 
 81.1   alleging the child in need of protection or services, the court 
 81.2   shall review the progress of the case and the case plan, 
 81.3   including the provision of services.  The court may order the 
 81.4   local social service services agency to show cause why it should 
 81.5   not file a termination of parental rights petition.  Cause may 
 81.6   include, but is not limited to, the following conditions: 
 81.7      (1) the parents or guardians have maintained regular 
 81.8   contact with the child, the parents are complying with the 
 81.9   court-ordered case plan, and the child would benefit from 
 81.10  continuing this relationship; 
 81.11     (2) grounds for termination under section 260.221 do not 
 81.12  exist; or 
 81.13     (3) the permanent plan for the child is transfer of 
 81.14  permanent legal and physical custody to a relative.  When the 
 81.15  permanent plan for the child is transfer of permanent legal and 
 81.16  physical custody to a relative, a petition supporting the plan 
 81.17  shall be filed in juvenile court within 30 days of the hearing 
 81.18  required under this subdivision and a hearing on the petition 
 81.19  held within 30 days of the filing of the pleadings. 
 81.20     (d) (e) If the child is not returned to the home, the court 
 81.21  must order one of the following dispositions available for 
 81.22  permanent placement determination are: 
 81.23     (1) permanent legal and physical custody to a relative in 
 81.24  the best interests of the child.  In transferring permanent 
 81.25  legal and physical custody to a relative, the juvenile court 
 81.26  shall follow the standards and procedures applicable under 
 81.27  chapter 257 or 518.  An order establishing permanent legal or 
 81.28  physical custody under this subdivision must be filed with the 
 81.29  family court.  A transfer of legal and physical custody includes 
 81.30  responsibility for the protection, education, care, and control 
 81.31  of the child and decision making on behalf of the child.  The 
 81.32  social service services agency may petition on behalf of the 
 81.33  proposed custodian; 
 81.34     (2) termination of parental rights and adoption; unless the 
 81.35  social service services agency shall file has already filed a 
 81.36  petition for termination of parental rights under section 
 82.1   260.231, the court may order such a petition filed and all the 
 82.2   requirements of sections 260.221 to 260.245 remain applicable.  
 82.3   An adoption completed subsequent to a determination under this 
 82.4   subdivision may include an agreement for communication or 
 82.5   contact under section 259.58; or 
 82.6      (3) long-term foster care; transfer of legal custody and 
 82.7   adoption are preferred permanency options for a child who cannot 
 82.8   return home.  The court may order a child into long-term foster 
 82.9   care only if it finds that neither an award of legal and 
 82.10  physical custody to a relative, nor termination of parental 
 82.11  rights nor adoption is in the child's best interests.  Further, 
 82.12  the court may only order long-term foster care for the child 
 82.13  under this section if it finds the following: 
 82.14     (i) the child has reached age 12 and reasonable efforts by 
 82.15  the responsible social service services agency have failed to 
 82.16  locate an adoptive family for the child; or 
 82.17     (ii) the child is a sibling of a child described in clause 
 82.18  (i) and the siblings have a significant positive relationship 
 82.19  and are ordered into the same long-term foster care home; or 
 82.20     (4) foster care for a specified period of time may be 
 82.21  ordered only if: 
 82.22     (i) the sole basis for an adjudication that a the child is 
 82.23  in need of protection or services is that the child is a 
 82.24  runaway, is an habitual truant, or committed a delinquent act 
 82.25  before age ten the child's behavior; and 
 82.26     (ii) the court finds that foster care for a specified 
 82.27  period of time is in the best interests of the child. 
 82.28     (e) In ordering a permanent placement of a child, the court 
 82.29  must be governed by the best interests of the child, including a 
 82.30  review of the relationship between the child and relatives and 
 82.31  the child and other important persons with whom the child has 
 82.32  resided or had significant contact. 
 82.33     (f) Once a permanent placement determination has been made 
 82.34  and permanent placement has been established, further court 
 82.35  reviews and dispositional hearings are only necessary if the 
 82.36  placement is made under paragraph (d), clause (4), review is 
 83.1   otherwise required by federal law, an adoption has not yet been 
 83.2   finalized, or there is a disruption of the permanent or 
 83.3   long-term placement.  
 83.4      (g) An order under this subdivision must include the 
 83.5   following detailed findings: 
 83.6      (1) how the child's best interests are served by the order; 
 83.7      (2) the nature and extent of the responsible social service 
 83.8   services agency's reasonable efforts, or, in the case of an 
 83.9   Indian child, active efforts, to reunify the child with the 
 83.10  parent or parents; 
 83.11     (3) the parent's or parents' efforts and ability to use 
 83.12  services to correct the conditions which led to the out-of-home 
 83.13  placement; and 
 83.14     (4) whether the conditions which led to the out-of-home 
 83.15  placement have been corrected so that the child can return home; 
 83.16  and 
 83.17     (5) if the child cannot be returned home, whether there is 
 83.18  a substantial probability of the child being able to return home 
 83.19  in the next six months.  
 83.20     (h) An order for permanent legal and physical custody of a 
 83.21  child may be modified under sections 518.18 and 518.185.  The 
 83.22  social service services agency is a party to the proceeding and 
 83.23  must receive notice.  An order for long-term foster care is 
 83.24  reviewable upon motion and a showing by the parent of a 
 83.25  substantial change in the parent's circumstances such that the 
 83.26  parent could provide appropriate care for the child and that 
 83.27  removal of the child from the child's permanent placement and 
 83.28  the return to the parent's care would be in the best interest of 
 83.29  the child. 
 83.30     (i) The court shall issue an order required under this 
 83.31  section within 15 days of the close of the proceedings.  The 
 83.32  court may extend issuing the order an additional 15 days when 
 83.33  necessary in the interests of justice and the best interests of 
 83.34  the child. 
 83.35     Sec. 44.  Minnesota Statutes 1998, section 260.192, is 
 83.36  amended to read: 
 84.1      260.192 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
 84.2      Unless the court disposes of the petition under section 
 84.3   260.131, subdivision 1a, upon a petition for review of the 
 84.4   foster care status of a child, the court may:  
 84.5      (a) In the case of a petition required to be filed under 
 84.6   section 257.071, subdivision 3, find that the child's needs are 
 84.7   being met, that the child's placement in foster care is in the 
 84.8   best interests of the child, and that the child will be returned 
 84.9   home in the next six months, in which case the court shall 
 84.10  approve the voluntary arrangement and continue the matter for 
 84.11  six months to assure the child returns to the parent's home.  
 84.12     (b) In the case of a petition required to be filed under 
 84.13  section 257.071, subdivision 4, find that the child's needs are 
 84.14  being met and that the child's placement in foster care is in 
 84.15  the best interests of the child, in which case the court shall 
 84.16  approve the voluntary arrangement.  The court shall order the 
 84.17  social service agency responsible for the placement to bring a 
 84.18  petition under section 260.131, subdivision 1 or 1a, as 
 84.19  appropriate, within 12 months. 
 84.20     (c) Find that the child's needs are not being met, in which 
 84.21  case the court shall order the social service services agency or 
 84.22  the parents to take whatever action is necessary and feasible to 
 84.23  meet the child's needs, including, when appropriate, the 
 84.24  provision by the social service services agency of services to 
 84.25  the parents which would enable the child to live at home, and 
 84.26  order a disposition under section 260.191. 
 84.27     (d) (b) Find that the child has been abandoned by parents 
 84.28  financially or emotionally, or that the developmentally disabled 
 84.29  child does not require out-of-home care because of the 
 84.30  handicapping condition, in which case the court shall order the 
 84.31  social service services agency to file an appropriate petition 
 84.32  pursuant to sections 260.131, subdivision 1, or 260.231. 
 84.33     Nothing in this section shall be construed to prohibit 
 84.34  bringing a petition pursuant to section 260.131, subdivision 1 
 84.35  or 2, sooner than required by court order pursuant to this 
 84.36  section. 
 85.1      Sec. 45.  Minnesota Statutes 1998, section 260.221, 
 85.2   subdivision 1, is amended to read: 
 85.3      Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 85.4   court may upon petition, terminate all rights of a parent to a 
 85.5   child: 
 85.6      (a) with the written consent of a parent who for good cause 
 85.7   desires to terminate parental rights; or 
 85.8      (b) if it finds that one or more of the following 
 85.9   conditions exist: 
 85.10     (1) that the parent has abandoned the child; 
 85.11     (2) that the parent has substantially, continuously, or 
 85.12  repeatedly refused or neglected to comply with the duties 
 85.13  imposed upon that parent by the parent and child relationship, 
 85.14  including but not limited to providing the child with necessary 
 85.15  food, clothing, shelter, education, and other care and control 
 85.16  necessary for the child's physical, mental, or emotional health 
 85.17  and development, if the parent is physically and financially 
 85.18  able, and either reasonable efforts by the social service 
 85.19  services agency have failed to correct the conditions that 
 85.20  formed the basis of the petition or reasonable efforts would be 
 85.21  futile and therefore unreasonable; 
 85.22     (3) that a parent has been ordered to contribute to the 
 85.23  support of the child or financially aid in the child's birth and 
 85.24  has continuously failed to do so without good cause.  This 
 85.25  clause shall not be construed to state a grounds for termination 
 85.26  of parental rights of a noncustodial parent if that parent has 
 85.27  not been ordered to or cannot financially contribute to the 
 85.28  support of the child or aid in the child's birth; 
 85.29     (4) that a parent is palpably unfit to be a party to the 
 85.30  parent and child relationship because of a consistent pattern of 
 85.31  specific conduct before the child or of specific conditions 
 85.32  directly relating to the parent and child relationship either of 
 85.33  which are determined by the court to be of a duration or nature 
 85.34  that renders the parent unable, for the reasonably foreseeable 
 85.35  future, to care appropriately for the ongoing physical, mental, 
 85.36  or emotional needs of the child.  It is presumed that a parent 
 86.1   is palpably unfit to be a party to the parent and child 
 86.2   relationship upon a showing that: 
 86.3      (i) the child was adjudicated in need of protection or 
 86.4   services due to circumstances described in section 260.015, 
 86.5   subdivision 2a, clause (1), (2), (3), (5), or (8); and 
 86.6      (ii) the parent's parental rights to one or more other 
 86.7   children were involuntarily terminated under clause (1), (2), 
 86.8   (4), or (7), or under clause (5) if the child was initially 
 86.9   determined to be in need of protection or services due to 
 86.10  circumstances described in section 260.015, subdivision 2a, 
 86.11  clause (1), (2), (3), (5), or (8); 
 86.12     (5) that following upon a determination of neglect or 
 86.13  dependency, or of a child's need for protection or services the 
 86.14  child's placement out of the home, reasonable efforts, under the 
 86.15  direction of the court, have failed to correct the conditions 
 86.16  leading to the determination child's placement.  It is presumed 
 86.17  that reasonable efforts under this clause have failed upon a 
 86.18  showing that: 
 86.19     (i) a child has resided out of the parental home under 
 86.20  court order for a cumulative period of more than one year within 
 86.21  a five-year period following an adjudication of dependency, 
 86.22  neglect, need for protection or services under section 260.015, 
 86.23  subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 
 86.24  neglected and in foster care, and an order for disposition under 
 86.25  section 260.191, including adoption of the case plan required by 
 86.26  section 257.071; 12 months within the preceding 22 months.  In 
 86.27  the case of a child under age eight at the time the petition was 
 86.28  filed alleging the child to be in need of protection or 
 86.29  services, the presumption arises when the child has resided out 
 86.30  of the parental home under court order for six months unless the 
 86.31  parent has maintained regular contact with the child and the 
 86.32  parent is complying with the case plan; 
 86.33     (ii) the court has approved a case plan required under 
 86.34  section 257.071 and filed with the court under section 260.172; 
 86.35     (iii) conditions leading to the determination 
 86.36  will out-of-home placement have not be been corrected within 
 87.1   the reasonably foreseeable future.  It is presumed that 
 87.2   conditions leading to a child's out-of-home placement will have 
 87.3   not be been corrected in the reasonably foreseeable future upon 
 87.4   a showing that the parent or parents have not substantially 
 87.5   complied with the court's orders and a reasonable case plan, and 
 87.6   the conditions which led to the out-of-home placement have not 
 87.7   been corrected; and 
 87.8      (iii) (iv) reasonable efforts have been made by the social 
 87.9   service services agency to rehabilitate the parent and reunite 
 87.10  the family. 
 87.11     This clause does not prohibit the termination of parental 
 87.12  rights prior to one year, or in the case of a child under age 
 87.13  eight, within six months after a child has been placed out of 
 87.14  the home. 
 87.15     It is also presumed that reasonable efforts have failed 
 87.16  under this clause upon a showing that: 
 87.17     (i) (A) the parent has been diagnosed as chemically 
 87.18  dependent by a professional certified to make the diagnosis; 
 87.19     (ii) (B) the parent has been required by a case plan to 
 87.20  participate in a chemical dependency treatment program; 
 87.21     (iii) (C) the treatment programs offered to the parent were 
 87.22  culturally, linguistically, and clinically appropriate; 
 87.23     (iv) (D) the parent has either failed two or more times to 
 87.24  successfully complete a treatment program or has refused at two 
 87.25  or more separate meetings with a caseworker to participate in a 
 87.26  treatment program; and 
 87.27     (v) (E) the parent continues to abuse chemicals.  
 87.28  Provided, that this presumption applies only to parents required 
 87.29  by a case plan to participate in a chemical dependency treatment 
 87.30  program on or after July 1, 1990; 
 87.31     (6) that a child has experienced egregious harm in the 
 87.32  parent's care which is of a nature, duration, or chronicity that 
 87.33  indicates a lack of regard for the child's well-being, such that 
 87.34  a reasonable person would believe it contrary to the best 
 87.35  interest of the child or of any child to be in the parent's 
 87.36  care; 
 88.1      (7) that in the case of a child born to a mother who was 
 88.2   not married to the child's father when the child was conceived 
 88.3   nor when the child was born the person is not entitled to notice 
 88.4   of an adoption hearing under section 259.49 and the person has 
 88.5   not registered with the fathers' adoption registry under section 
 88.6   259.52; 
 88.7      (8) that the child is neglected and in foster care; or 
 88.8      (9) that the parent has been convicted of a crime listed in 
 88.9   section 260.012, paragraph (b), clauses (1) to (3). 
 88.10     In an action involving an American Indian child, sections 
 88.11  257.35 to 257.3579 and the Indian Child Welfare Act, United 
 88.12  States Code, title 25, sections 1901 to 1923, control to the 
 88.13  extent that the provisions of this section are inconsistent with 
 88.14  those laws. 
 88.15     Sec. 46.  Minnesota Statutes 1998, section 260.221, 
 88.16  subdivision 1b, is amended to read: 
 88.17     Subd. 1b.  [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a) 
 88.18  The county attorney shall file a termination of parental rights 
 88.19  petition within 30 days of the responsible social services 
 88.20  agency determining that a child's placement in out-of-home care 
 88.21  if the child has been subjected to egregious harm as defined in 
 88.22  section 260.015, subdivision 29, is determined to be the sibling 
 88.23  of another child of the parent who was subjected to egregious 
 88.24  harm, or is an abandoned infant as defined in subdivision 1a, 
 88.25  paragraph (a), clause (2).  The local social services agency 
 88.26  shall concurrently identify, recruit, process, and approve an 
 88.27  adoptive family for the child.  If a termination of parental 
 88.28  rights petition has been filed by another party, the local 
 88.29  social services agency shall be joined as a party to the 
 88.30  petition.  If criminal charges have been filed against a parent 
 88.31  arising out of the conduct alleged to constitute egregious harm, 
 88.32  the county attorney shall determine which matter should proceed 
 88.33  to trial first, consistent with the best interests of the child 
 88.34  and subject to the defendant's right to a speedy trial. 
 88.35     (b) This requirement does not apply if the county attorney 
 88.36  determines and files with the court its determination that: 
 89.1      (1) a petition for transfer of permanent legal and physical 
 89.2   custody to a relative is in the best interests of the child or 
 89.3   there is under section 260.191, subdivision 3b, including a 
 89.4   determination that the transfer is in the best interests of the 
 89.5   child; or 
 89.6      (2) a petition alleging the child, and where appropriate, 
 89.7   the child's siblings, to be in need of protection or services 
 89.8   accompanied by a case plan prepared by the responsible social 
 89.9   services agency documenting a compelling reason documented by 
 89.10  the local social services agency that why filing the a 
 89.11  termination of parental rights petition would not be in the best 
 89.12  interests of the child. 
 89.13     Sec. 47.  Minnesota Statutes 1998, section 260.221, 
 89.14  subdivision 1c, is amended to read: 
 89.15     Subd. 1c.  [CURRENT FOSTER CARE CHILDREN.] Except for cases 
 89.16  where the child is in placement due solely to the child's status 
 89.17  as developmentally delayed under United States Code, title 42, 
 89.18  section 6001(7), or emotionally handicapped under section 
 89.19  252.27, and where custody has not been transferred to the 
 89.20  responsible social services agency, the county attorney shall 
 89.21  file a termination of parental rights petition or other a 
 89.22  petition to support another permanent placement proceeding under 
 89.23  section 260.191, subdivision 3b, for all children determined to 
 89.24  be in need of protection or services who are placed in 
 89.25  out-of-home care for reasons other than care or treatment of the 
 89.26  child's disability, and who are in out-of-home placement on 
 89.27  April 21, 1998, and have been in out-of-home care for 15 of the 
 89.28  most recent 22 months.  This requirement does not apply if there 
 89.29  is a compelling reason documented in a case plan filed with the 
 89.30  court for determining that filing a termination of parental 
 89.31  rights petition or other permanency petition would not be in the 
 89.32  best interests of the child or if the responsible social 
 89.33  services agency has not provided reasonable efforts necessary 
 89.34  for the safe return of the child, if reasonable efforts are 
 89.35  required.  
 89.36     Sec. 48.  Minnesota Statutes 1998, section 260.221, 
 90.1   subdivision 3, is amended to read: 
 90.2      Subd. 3.  [WHEN PRIOR FINDING REQUIRED.] For purposes of 
 90.3   subdivision 1, clause (b), no prior judicial finding of 
 90.4   dependency, neglect, need for protection or services, or 
 90.5   neglected and in foster care is required, except as provided in 
 90.6   subdivision 1, clause (b), item (5). 
 90.7      Sec. 49.  Minnesota Statutes 1998, section 260.221, 
 90.8   subdivision 5, is amended to read: 
 90.9      Subd. 5.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
 90.10  proceeding under this section, the court shall make specific 
 90.11  findings: 
 90.12     (1) regarding the nature and extent of efforts made by the 
 90.13  social service services agency to rehabilitate the parent and 
 90.14  reunite the family; or 
 90.15     (2) that provision of services or further services for the 
 90.16  purpose of rehabilitation and reunification is futile and 
 90.17  therefore unreasonable under the circumstances; or 
 90.18     (3) that reasonable efforts at reunification are not 
 90.19  required as provided under section 260.012. 
 90.20     Sec. 50.  [626.5551] [ALTERNATIVE RESPONSE PROGRAMS FOR 
 90.21  CHILD PROTECTION ASSESSMENTS OR INVESTIGATIONS.] 
 90.22     Subdivision 1.  [PROGRAMS AUTHORIZED.] (a) A county may 
 90.23  establish a program that uses alternative responses to reports 
 90.24  of child maltreatment under section 626.556, as provided in this 
 90.25  section.  
 90.26     (b) Alternative responses may include a family assessment 
 90.27  and services approach under which the local welfare agency 
 90.28  assesses the risk of abuse and neglect and the service needs of 
 90.29  the family and arranges for appropriate services, diversions, 
 90.30  referral for services, or other response identified in the plan 
 90.31  under subdivision 4. 
 90.32     Subd. 2.  [USE OF ALTERNATIVE RESPONSE OR 
 90.33  INVESTIGATION.] (a) Upon receipt of a report under section 
 90.34  626.556, the local welfare agency in a county that has 
 90.35  established an alternative response program under this section 
 90.36  shall determine whether to conduct an investigation under 
 91.1   section 626.556 or to use an alternative response as appropriate 
 91.2   to prevent or provide a remedy for child maltreatment.  
 91.3      (b) The local welfare agency may conduct an investigation 
 91.4   of any report, but shall conduct an investigation of reports 
 91.5   that, if true, would mean that the child has experienced serious 
 91.6   physical injury, sexual abuse, abandonment, or neglect that 
 91.7   substantially endangers the child's physical or mental health, 
 91.8   including medically significant growth delays, which may be 
 91.9   referred to as failure to thrive, that have been diagnosed by a 
 91.10  physician and are due to parental neglect, or conduct that would 
 91.11  be a violation of, or an attempt, as defined in section 609.17, 
 91.12  to commit a violation of: 
 91.13     (1) section 609.185, 609.19, or 609.195 (murder in the 
 91.14  first, second, or third degree); 
 91.15     (2) section 609.20 or 609.205 (manslaughter in the first or 
 91.16  second degree); 
 91.17     (3) section 609.221, 609.222, or 609.223 (assault in the 
 91.18  first, second, or third degree); 
 91.19     (4) section 609.322 (solicitation, inducement, and 
 91.20  promotion of prostitution); 
 91.21     (5) sections 609.342 to 609.3451 (criminal sexual conduct); 
 91.22     (6) section 609.352 (solicitation of children to engage in 
 91.23  sexual conduct); 
 91.24     (7) section 609.377 or 609.378 (malicious punishment or 
 91.25  neglect or endangerment of a child); or 
 91.26     (8) section 617.246 (use of minor in sexual performance). 
 91.27     (c) In addition, in all cases the local welfare agency 
 91.28  shall contact the appropriate law enforcement agency as provided 
 91.29  in section 626.556, subdivision 3.  The law enforcement agency 
 91.30  may conduct its own investigation and shall assist the local 
 91.31  welfare agency in its investigation or provide, within a 
 91.32  reasonable time, a written explanation detailing the reasons why 
 91.33  it is unable to assist. 
 91.34     (d) The local welfare agency shall begin an immediate 
 91.35  investigation under section 626.556 if at any time when it is 
 91.36  using an alternative response it determines that an 
 92.1   investigation is required under paragraph (b) or would otherwise 
 92.2   be appropriate.  The local welfare agency may use an alternative 
 92.3   response to a report that was initially referred for an 
 92.4   investigation if the agency determines that a complete 
 92.5   investigation is not required.  In determining that a complete 
 92.6   investigation is not required, the local welfare agency must 
 92.7   document the reason for terminating the investigation and 
 92.8   consult with: 
 92.9      (1) the local law enforcement agency, if the local law 
 92.10  enforcement agency is involved, and notify the county attorney 
 92.11  of the decision to terminate the investigation; or 
 92.12     (2) the county attorney, if the local law enforcement 
 92.13  agency is not involved. 
 92.14     Subd. 3.  [DOCUMENTATION.] When a case in which an 
 92.15  alternative response was used is closed, the local welfare 
 92.16  agency shall document the outcome of the approach, including a 
 92.17  description of the response and services provided and the 
 92.18  removal or reduction of risk to the child, if it existed.  This 
 92.19  documentation must be retained for at least four years. 
 92.20     Subd. 4.  [PLAN.] In order to use the alternative response 
 92.21  program authorized under this section, the county must include 
 92.22  the program in the community social service plan required under 
 92.23  section 256E.09 and in the program evaluation under section 
 92.24  256E.10.  The plan must address alternative responses and 
 92.25  services that will be used for the program and protocols for 
 92.26  determining the appropriate response to reports under section 
 92.27  626.556. 
 92.28     Sec. 51.  Minnesota Statutes 1998, section 626.556, 
 92.29  subdivision 3, is amended to read: 
 92.30     Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
 92.31  knows or has reason to believe a child is being neglected or 
 92.32  physically or sexually abused, as defined in subdivision 2, or 
 92.33  has been neglected or physically or sexually abused within the 
 92.34  preceding three years, shall immediately report the information 
 92.35  to the local welfare agency, agency responsible for licensing or 
 92.36  supervising the facility, police department, or the county 
 93.1   sheriff if the person is:  
 93.2      (1) a professional or professional's delegate who is 
 93.3   engaged in the practice of the healing arts, social services, 
 93.4   hospital administration, psychological or psychiatric treatment, 
 93.5   child care, education, or law enforcement; or 
 93.6      (2) employed as a member of the clergy and received the 
 93.7   information while engaged in ministerial duties, provided that a 
 93.8   member of the clergy is not required by this subdivision to 
 93.9   report information that is otherwise privileged under section 
 93.10  595.02, subdivision 1, paragraph (c).  
 93.11     The police department or the county sheriff, upon receiving 
 93.12  a report, shall immediately notify the local welfare agency or 
 93.13  agency responsible for licensing or supervising the facility, 
 93.14  orally and in writing.  The local welfare agency, or agency 
 93.15  responsible for licensing or supervising the facility, upon 
 93.16  receiving a report, shall immediately notify the local police 
 93.17  department or the county sheriff orally and in writing.  The 
 93.18  county sheriff and the head of every local welfare agency, 
 93.19  agency responsible for licensing or supervising facilities, and 
 93.20  police department shall each designate a person within their 
 93.21  agency, department, or office who is responsible for ensuring 
 93.22  that the notification duties of this paragraph and paragraph (b) 
 93.23  are carried out.  Nothing in this subdivision shall be construed 
 93.24  to require more than one report from any institution, facility, 
 93.25  school, or agency. 
 93.26     (b) Any person may voluntarily report to the local welfare 
 93.27  agency, agency responsible for licensing or supervising the 
 93.28  facility, police department, or the county sheriff if the person 
 93.29  knows, has reason to believe, or suspects a child is being or 
 93.30  has been neglected or subjected to physical or sexual abuse.  
 93.31  The police department or the county sheriff, upon receiving a 
 93.32  report, shall immediately notify the local welfare agency or 
 93.33  agency responsible for licensing or supervising the facility, 
 93.34  orally and in writing.  The local welfare agency or agency 
 93.35  responsible for licensing or supervising the facility, upon 
 93.36  receiving a report, shall immediately notify the local police 
 94.1   department or the county sheriff orally and in writing. 
 94.2      (c) A person mandated to report physical or sexual child 
 94.3   abuse or neglect occurring within a licensed facility shall 
 94.4   report the information to the agency responsible for 
 94.5   licensing the or supervising: 
 94.6      (i) a facility under sections 144.50 to 144.58, 241.021, 
 94.7   245A.01 to 245A.16, or chapter 245B; 
 94.8      (ii) a school as defined in sections 120A.05, subdivisions 
 94.9   9, 11, and 13, and 124D.68; or 
 94.10     (iii) a nonlicensed personal care provider organization as 
 94.11  defined in sections 256B.04, subdivision 16, and 256B.0625, 
 94.12  subdivision 19a.  A health or corrections agency receiving a 
 94.13  report may request the local welfare agency to provide 
 94.14  assistance pursuant to subdivisions 10, 10a, and 10b. 
 94.15     (d) Any person mandated to report shall receive a summary 
 94.16  of the disposition of any report made by that 
 94.17  reporter, including whether the case has been opened for child 
 94.18  protection or other services, or if a referral has been made to 
 94.19  a community organization, unless release would be detrimental to 
 94.20  the best interests of the child.  Any person who is not mandated 
 94.21  to report shall, upon request to the local welfare agency, 
 94.22  receive a concise summary of the disposition of any report made 
 94.23  by that reporter, unless release would be detrimental to the 
 94.24  best interests of the child. 
 94.25     (e) For purposes of this subdivision, "immediately" means 
 94.26  as soon as possible but in no event longer than 24 hours. 
 94.27     Sec. 52.  Minnesota Statutes 1998, section 626.556, 
 94.28  subdivision 4, is amended to read: 
 94.29     Subd. 4.  [IMMUNITY FROM LIABILITY.] (a) The following 
 94.30  persons are immune from any civil or criminal liability that 
 94.31  otherwise might result from their actions, if they are acting in 
 94.32  good faith: 
 94.33     (1) any person making a voluntary or mandated report under 
 94.34  subdivision 3 or under section 626.5561 or assisting in an 
 94.35  assessment under this section or under section 626.5561; 
 94.36     (2) any person with responsibility for performing duties 
 95.1   under this section or supervisor employed by a local welfare 
 95.2   agency or, the commissioner of an agency responsible for 
 95.3   operating or supervising a licensed or unlicensed day care 
 95.4   facility, residential facility, agency, hospital, sanatorium, or 
 95.5   other facility or institution required to be licensed under 
 95.6   sections 144.50 to 144.58, 241.021, 245A.01 to 245A.16, or 
 95.7   chapter 245B; or a school as defined in sections 120A.05, 
 95.8   subdivisions 9, 11, and 13, 120A.36, and 124D.68; or a 
 95.9   nonlicensed personal care provider organization as defined in 
 95.10  sections 256B.04, subdivision 16, and 256B.0625, subdivision 
 95.11  19a, complying with subdivision 10d; and 
 95.12     (3) any public or private school, facility as defined in 
 95.13  subdivision 2, or the employee of any public or private school 
 95.14  or facility who permits access by a local welfare agency or 
 95.15  local law enforcement agency and assists in an investigation or 
 95.16  assessment pursuant to subdivision 10 or under section 626.5561. 
 95.17     (b) A person who is a supervisor or person with 
 95.18  responsibility for performing duties under this section employed 
 95.19  by a local welfare agency or the commissioner complying with 
 95.20  subdivisions 10 and 11 or section 626.5561 or any related rule 
 95.21  or provision of law is immune from any civil or criminal 
 95.22  liability that might otherwise result from the person's actions, 
 95.23  if the person is (1) acting in good faith and exercising due 
 95.24  care, or (2) acting in good faith and following the information 
 95.25  collection procedures established under subdivision 10, 
 95.26  paragraphs (h), (i), and (j). 
 95.27     (c) This subdivision does not provide immunity to any 
 95.28  person for failure to make a required report or for committing 
 95.29  neglect, physical abuse, or sexual abuse of a child. 
 95.30     (d) If a person who makes a voluntary or mandatory report 
 95.31  under subdivision 3 prevails in a civil action from which the 
 95.32  person has been granted immunity under this subdivision, the 
 95.33  court may award the person attorney fees and costs. 
 95.34     Sec. 53.  Minnesota Statutes 1998, section 626.556, 
 95.35  subdivision 7, is amended to read: 
 95.36     Subd. 7.  [REPORT.] An oral report shall be made 
 96.1   immediately by telephone or otherwise.  An oral report made by a 
 96.2   person required under subdivision 3 to report shall be followed 
 96.3   within 72 hours, exclusive of weekends and holidays, by a report 
 96.4   in writing to the appropriate police department, the county 
 96.5   sheriff or local welfare agency, unless the appropriate agency 
 96.6   has informed the reporter that the oral information does not 
 96.7   constitute a report under subdivision 10.  Any report shall be 
 96.8   of sufficient content to identify the child, any person believed 
 96.9   to be responsible for the abuse or neglect of the child if the 
 96.10  person is known, the nature and extent of the abuse or neglect 
 96.11  and the name and address of the reporter.  If the reporter 
 96.12  requests, the local welfare agency shall inform the reporter 
 96.13  within ten days after the report is made, either orally or in 
 96.14  writing, whether the report was accepted for assessment or 
 96.15  investigation.  Written reports received by a police department 
 96.16  or the county sheriff shall be forwarded immediately to the 
 96.17  local welfare agency.  The police department or the county 
 96.18  sheriff may keep copies of reports received by them.  Copies of 
 96.19  written reports received by a local welfare department shall be 
 96.20  forwarded immediately to the local police department or the 
 96.21  county sheriff. 
 96.22     A written copy of a report maintained by personnel of 
 96.23  agencies, other than welfare or law enforcement agencies, which 
 96.24  are subject to chapter 13 shall be confidential.  An individual 
 96.25  subject of the report may obtain access to the original report 
 96.26  as provided by subdivision 11. 
 96.27     Sec. 54.  Minnesota Statutes 1998, section 626.556, 
 96.28  subdivision 10b, is amended to read: 
 96.29     Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
 96.30  FACILITY.] (a) The commissioner of the agency responsible for 
 96.31  licensing or supervising the facility shall immediately 
 96.32  investigate if the report alleges that: 
 96.33     (1) a child who is in the care of a facility as defined in 
 96.34  subdivision 2 is neglected, physically abused, or sexually 
 96.35  abused by an individual in that facility, or has been so 
 96.36  neglected or abused by an individual in that facility within the 
 97.1   three years preceding the report; or 
 97.2      (2) a child was neglected, physically abused, or sexually 
 97.3   abused by an individual in a facility defined in subdivision 2, 
 97.4   while in the care of that facility within the three years 
 97.5   preceding the report.  
 97.6      The commissioner of the agency responsible for licensing or 
 97.7   supervising the facility shall arrange for the transmittal to 
 97.8   the commissioner of reports received by local agencies and may 
 97.9   delegate to a local welfare agency the duty to investigate 
 97.10  reports.  In conducting an investigation under this section, the 
 97.11  commissioner has the powers and duties specified for local 
 97.12  welfare agencies under this section.  The commissioner of the 
 97.13  agency responsible for licensing or supervising the facility or 
 97.14  local welfare agency may interview any children who are or have 
 97.15  been in the care of a facility under investigation and their 
 97.16  parents, guardians, or legal custodians. 
 97.17     (b) Prior to any interview, the commissioner of the agency 
 97.18  responsible for licensing or supervising the facility or local 
 97.19  welfare agency shall notify the parent, guardian, or legal 
 97.20  custodian of a child who will be interviewed in the manner 
 97.21  provided for in subdivision 10d, paragraph (a).  If reasonable 
 97.22  efforts to reach the parent, guardian, or legal custodian of a 
 97.23  child in an out-of-home placement have failed, the child may be 
 97.24  interviewed if there is reason to believe the interview is 
 97.25  necessary to protect the child or other children in the 
 97.26  facility.  The commissioner of the agency responsible for 
 97.27  licensing or supervising the facility or local agency must 
 97.28  provide the information required in this subdivision to the 
 97.29  parent, guardian, or legal custodian of a child interviewed 
 97.30  without parental notification as soon as possible after the 
 97.31  interview.  When the investigation is completed, any parent, 
 97.32  guardian, or legal custodian notified under this subdivision 
 97.33  shall receive the written memorandum provided for in subdivision 
 97.34  10d, paragraph (c). 
 97.35     (c) In conducting investigations under this subdivision the 
 97.36  commissioner or local welfare agency shall obtain access to 
 98.1   information consistent with subdivision 10, paragraphs (h), (i), 
 98.2   and (j). 
 98.3      (d) Except for foster care and family child care, the 
 98.4   commissioner of the agency responsible for licensing or 
 98.5   supervising the facility has the primary responsibility for the 
 98.6   investigations and notifications required under subdivisions 10d 
 98.7   and 10f for reports that allege maltreatment related to the care 
 98.8   provided by or in facilities licensed by the commissioner.  The 
 98.9   commissioner of the agency responsible for licensing or 
 98.10  supervising the facility may request assistance from the local 
 98.11  social service agency. 
 98.12     Sec. 55.  Minnesota Statutes 1998, section 626.556, 
 98.13  subdivision 10d, is amended to read: 
 98.14     Subd. 10d.  [NOTIFICATION OF NEGLECT OR ABUSE IN FACILITY.] 
 98.15  (a) When a report is received that alleges neglect, physical 
 98.16  abuse, or sexual abuse of a child while in the care of a 
 98.17  facility required to be licensed pursuant to chapter 245A, 
 98.18  licensed or unlicensed day care facility, residential facility, 
 98.19  agency, hospital, sanatorium, or other facility or institution 
 98.20  required to be licensed pursuant to sections 144.50 to 144.58, 
 98.21  241.021, 245A.01 to 245A.16, or chapter 245B; or a school as 
 98.22  defined in sections 120A.05, subdivisions 9, 11, and 13, 
 98.23  120A.36, and 124D.68; or a nonlicensed personal care provider 
 98.24  organization as defined in sections 256B.04, subdivision 16, and 
 98.25  256B.0625, subdivision 19a, the commissioner of the agency 
 98.26  responsible for licensing or supervising the facility or local 
 98.27  welfare agency investigating the report shall provide the 
 98.28  following information to the parent, guardian, or legal 
 98.29  custodian of a child alleged to have been neglected, physically 
 98.30  abused, or sexually abused:  the name of the facility; the fact 
 98.31  that a report alleging neglect, physical abuse, or sexual abuse 
 98.32  of a child in the facility has been received; the nature of the 
 98.33  alleged neglect, physical abuse, or sexual abuse; that the 
 98.34  agency is conducting an investigation; any protective or 
 98.35  corrective measures being taken pending the outcome of the 
 98.36  investigation; and that a written memorandum will be provided 
 99.1   when the investigation is completed. 
 99.2      (b) The commissioner of the agency responsible for 
 99.3   licensing or supervising the facility or local welfare agency 
 99.4   may also provide the information in paragraph (a) to the parent, 
 99.5   guardian, or legal custodian of any other child in the facility 
 99.6   if the investigative agency knows or has reason to believe the 
 99.7   alleged neglect, physical abuse, or sexual abuse has occurred. 
 99.8   In determining whether to exercise this authority, the 
 99.9   commissioner of the agency responsible for licensing or 
 99.10  supervising the facility or local welfare agency shall consider 
 99.11  the seriousness of the alleged neglect, physical abuse, or 
 99.12  sexual abuse; the number of children allegedly neglected, 
 99.13  physically abused, or sexually abused; the number of alleged 
 99.14  perpetrators; and the length of the investigation.  The facility 
 99.15  shall be notified whenever this discretion is exercised. 
 99.16     (c) When the commissioner of the agency responsible for 
 99.17  licensing or supervising the facility or local welfare agency 
 99.18  has completed its investigation, every parent, guardian, or 
 99.19  legal custodian notified of the investigation by the 
 99.20  commissioner or local welfare agency shall be provided with the 
 99.21  following information in a written memorandum:  the name of the 
 99.22  facility investigated; the nature of the alleged neglect, 
 99.23  physical abuse, or sexual abuse; the investigator's name; a 
 99.24  summary of the investigation findings; a statement whether 
 99.25  maltreatment was found; and the protective or corrective 
 99.26  measures that are being or will be taken.  The memorandum shall 
 99.27  be written in a manner that protects the identity of the 
 99.28  reporter and the child and shall not contain the name, or to the 
 99.29  extent possible, reveal the identity of the alleged perpetrator 
 99.30  or of those interviewed during the investigation.  The 
 99.31  commissioner or local welfare agency shall also provide the 
 99.32  written memorandum to the parent, guardian, or legal custodian 
 99.33  of each child in the facility if maltreatment is determined to 
 99.34  exist. 
 99.35     Sec. 56.  Minnesota Statutes 1998, section 626.556, 
 99.36  subdivision 10e, is amended to read: 
100.1      Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
100.2   assessment or investigation it conducts, the local welfare 
100.3   agency shall make two determinations within 60 days after a 
100.4   report is received:  first, whether maltreatment has occurred; 
100.5   and second, whether child protective services are needed.  When 
100.6   maltreatment is determined in an investigation involving a 
100.7   facility, the investigating agency shall also determine whether 
100.8   the facility or individual was responsible for the maltreatment 
100.9   using the mitigating factors in paragraph (d).  Determinations 
100.10  under this subdivision must be made based on a preponderance of 
100.11  the evidence. 
100.12     (a) For the purposes of this subdivision, "maltreatment" 
100.13  means any of the following acts or omissions committed by a 
100.14  person responsible for the child's care: 
100.15     (1) physical abuse as defined in subdivision 2, paragraph 
100.16  (d); 
100.17     (2) neglect as defined in subdivision 2, paragraph (c); 
100.18     (3) sexual abuse as defined in subdivision 2, paragraph 
100.19  (a); or 
100.20     (4) mental injury as defined in subdivision 2, paragraph 
100.21  (k). 
100.22     (b) For the purposes of this subdivision, a determination 
100.23  that child protective services are needed means that the local 
100.24  welfare agency has documented conditions during the assessment 
100.25  or investigation sufficient to cause a child protection worker, 
100.26  as defined in section 626.559, subdivision 1, to conclude that a 
100.27  child is at significant risk of maltreatment if protective 
100.28  intervention is not provided and that the individuals 
100.29  responsible for the child's care have not taken or are not 
100.30  likely to take actions to protect the child from maltreatment or 
100.31  risk of maltreatment. 
100.32     (c) This subdivision does not mean that maltreatment has 
100.33  occurred solely because the child's parent, guardian, or other 
100.34  person responsible for the child's care in good faith selects 
100.35  and depends upon spiritual means or prayer for treatment or care 
100.36  of disease or remedial care of the child, in lieu of medical 
101.1   care.  However, if lack of medical care may result in serious 
101.2   danger to the child's health, the local welfare agency may 
101.3   ensure that necessary medical services are provided to the child.
101.4      (d) This subdivision does not require a determination of 
101.5   maltreatment if neglect is due solely to poverty, but 
101.6   appropriate services shall be provided. 
101.7      (e) When determining whether the facility or individual is 
101.8   the responsible party for determined maltreatment in a facility, 
101.9   the investigating agency shall consider at least the following 
101.10  mitigating factors: 
101.11     (1) whether the actions of the facility or the individual 
101.12  caregivers were according to, and followed the terms of, an 
101.13  erroneous physician order, prescription, individual care plan, 
101.14  or directive; however, this is not a mitigating factor when the 
101.15  facility or caregiver was responsible for the issuance of the 
101.16  erroneous order, prescription, individual care plan, or 
101.17  directive or knew or should have known of the errors and took no 
101.18  reasonable measures to correct the defect before administering 
101.19  care; 
101.20     (2) comparative responsibility between the facility, other 
101.21  caregivers, and requirements placed upon an employee, including 
101.22  the facility's compliance with related regulatory standards and 
101.23  the adequacy of facility policies and procedures, facility 
101.24  training, an individual's participation in the training, the 
101.25  caregiver's supervision, and facility staffing levels and the 
101.26  scope of the individual employee's authority and discretion; and 
101.27     (3) whether the facility or individual followed 
101.28  professional standards in exercising professional judgment. 
101.29     (e) The commissioner shall work with the maltreatment of 
101.30  minors advisory committee established under Laws 1997, chapter 
101.31  203, to make recommendations to further specify the kinds of 
101.32  acts or omissions that constitute physical abuse, neglect, 
101.33  sexual abuse, or mental injury.  The commissioner shall submit 
101.34  the recommendation and any legislation needed by January 15, 
101.35  1999.  (f) Individual counties may implement more detailed 
101.36  definitions or criteria that indicate which allegations to 
102.1   investigate, as long as a county's policies are consistent with 
102.2   the definitions in the statutes and rules and are approved by 
102.3   the county board.  Each local welfare agency shall periodically 
102.4   inform mandated reporters under subdivision 3 who work in the 
102.5   county of the definitions of maltreatment in the statutes and 
102.6   rules and any additional definitions or criteria that have been 
102.7   approved by the county board. 
102.8      Sec. 57.  Minnesota Statutes 1998, section 626.556, 
102.9   subdivision 10f, is amended to read: 
102.10     Subd. 10f.  [NOTICE OF DETERMINATIONS.] Within ten working 
102.11  days of the conclusion of an assessment, the local welfare 
102.12  agency or agency responsible for licensing or supervising the 
102.13  facility shall notify the parent or guardian of the child, the 
102.14  person determined to be maltreating the child, and if 
102.15  applicable, the director of the facility, of the determination 
102.16  and a summary of the specific reasons for the determination.  
102.17  The notice must also include a certification that the 
102.18  information collection procedures under subdivision 10, 
102.19  paragraphs (h), (i), and (j), were followed and a notice of the 
102.20  right of a data subject to obtain access to other private data 
102.21  on the subject collected, created, or maintained under this 
102.22  section.  In addition, the notice shall include the length of 
102.23  time that the records will be kept under subdivision 11c.  The 
102.24  investigating agency shall notify the parent or guardian of the 
102.25  child who is the subject of the report, and any person or 
102.26  facility determined to have maltreated a child, of their appeal 
102.27  rights under this section. 
102.28     Sec. 58.  Minnesota Statutes 1998, section 626.556, 
102.29  subdivision 10j, is amended to read: 
102.30     Subd. 10j.  [RELEASE OF DATA TO MANDATED REPORTERS.] A 
102.31  local social service or child protection agency may provide 
102.32  relevant private data on individuals obtained under this section 
102.33  to mandated reporters who have an ongoing responsibility for the 
102.34  health, education, or welfare of a child affected by the data, 
102.35  in the best interests of the child.  The commissioner shall 
102.36  consult with the maltreatment of minors advisory committee to 
103.1   develop criteria for determining which records may be shared 
103.2   with mandated reporters under this subdivision.  Mandated 
103.3   reporters with ongoing responsibility for the health, education, 
103.4   or welfare of a child affected by the data include the child's 
103.5   teachers or other appropriate school personnel, foster parents, 
103.6   health care providers, respite care workers, therapists, social 
103.7   workers, child care providers, residential care staff, crisis 
103.8   nursery staff, probation officers, and court services 
103.9   personnel.  Under this section, a mandated reporter need not 
103.10  have made the report to be considered a person with ongoing 
103.11  responsibility for the health, education, or welfare of a child 
103.12  affected by the data. 
103.13     Sec. 59.  Minnesota Statutes 1998, section 626.556, is 
103.14  amended by adding a subdivision to read: 
103.15     Subd. 10l.  [APPEAL BY CHILD.] A child age 12 or older, or 
103.16  a relative or mandatory reporter acting on behalf of such a 
103.17  child, may request the investigating agency to reconsider a 
103.18  final determination that maltreatment has occurred but no 
103.19  services are needed.  The request must be submitted in writing 
103.20  to the investigating agency within 15 calendar days after 
103.21  receipt of the final determination regarding maltreatment.  If 
103.22  the investigating agency denies the request or fails to act upon 
103.23  it within 15 calendar days after receiving the request for 
103.24  reconsideration, the child or individual acting on the child's 
103.25  behalf may submit to the commissioner of human services a 
103.26  written request for a hearing under section 256.045. 
103.27     Sec. 60.  Minnesota Statutes 1998, section 626.556, 
103.28  subdivision 11, is amended to read: 
103.29     Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
103.30  (b) and subdivisions 10b, 10d, 10g, and 11b, all records 
103.31  concerning individuals maintained by a local welfare agency or 
103.32  agency responsible for licensing or supervising the facility 
103.33  under this section, including any written reports filed under 
103.34  subdivision 7, shall be private data on individuals, except 
103.35  insofar as copies of reports are required by subdivision 7 to be 
103.36  sent to the local police department or the county sheriff.  
104.1   Reports maintained by any police department or the county 
104.2   sheriff shall be private data on individuals except the reports 
104.3   shall be made available to the investigating, petitioning, or 
104.4   prosecuting authority, including county medical examiners or 
104.5   county coroners.  Section 13.82, subdivisions 5, 5a, and 5b, 
104.6   apply to law enforcement data other than the reports.  The local 
104.7   social services agency or agency responsible for licensing or 
104.8   supervising the facility shall make available to the 
104.9   investigating, petitioning, or prosecuting authority, including 
104.10  county medical examiners or county coroners or their 
104.11  professional delegates, any records which contain information 
104.12  relating to a specific incident of neglect or abuse which is 
104.13  under investigation, petition, or prosecution and information 
104.14  relating to any prior incidents of neglect or abuse involving 
104.15  any of the same persons.  The records shall be collected and 
104.16  maintained in accordance with the provisions of chapter 13.  In 
104.17  conducting investigations and assessments pursuant to this 
104.18  section, the notice required by section 13.04, subdivision 2, 
104.19  need not be provided to a minor under the age of ten who is the 
104.20  alleged victim of abuse or neglect.  An individual subject of a 
104.21  record shall have access to the record in accordance with those 
104.22  sections, except that the name of the reporter shall be 
104.23  confidential while the report is under assessment or 
104.24  investigation except as otherwise permitted by this 
104.25  subdivision.  Any person conducting an investigation or 
104.26  assessment under this section who intentionally discloses the 
104.27  identity of a reporter prior to the completion of the 
104.28  investigation or assessment is guilty of a misdemeanor.  After 
104.29  the assessment or investigation is completed, the name of the 
104.30  reporter shall be confidential.  The subject of the report may 
104.31  compel disclosure of the name of the reporter only with the 
104.32  consent of the reporter or upon a written finding by the court 
104.33  that the report was false and that there is evidence that the 
104.34  report was made in bad faith.  This subdivision does not alter 
104.35  disclosure responsibilities or obligations under the rules of 
104.36  criminal procedure. 
105.1      (b) Upon request of the legislative auditor, data on 
105.2   individuals maintained under this section must be released to 
105.3   the legislative auditor in order for the auditor to fulfill the 
105.4   auditor's duties under section 3.971.  The auditor shall 
105.5   maintain the data in accordance with chapter 13. 
105.6      Sec. 61.  Minnesota Statutes 1998, section 626.556, 
105.7   subdivision 11b, is amended to read: 
105.8      Subd. 11b.  [DATA RECEIVED FROM LAW ENFORCEMENT.] Active 
105.9   law enforcement investigative data received by a local welfare 
105.10  agency or agency responsible for licensing or supervising the 
105.11  facility under this section are confidential data on 
105.12  individuals.  When this data become inactive in the law 
105.13  enforcement agency, the data are private data on individuals. 
105.14     Sec. 62.  Minnesota Statutes 1998, section 626.556, 
105.15  subdivision 11c, is amended to read: 
105.16     Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
105.17  RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
105.18  138.17, records maintained or records derived from reports of 
105.19  abuse by local welfare agencies, agencies responsible for 
105.20  licensing or supervising facilities, court services agencies, or 
105.21  schools under this section shall be destroyed as provided in 
105.22  paragraphs (a) to (d) by the responsible authority. 
105.23     (a) If upon assessment or investigation there is no 
105.24  determination of maltreatment or the need for child protective 
105.25  services, the records must be maintained for a period of four 
105.26  years.  Records under this paragraph may not be used for 
105.27  employment, background checks, or purposes other than to assist 
105.28  in future risk and safety assessments. 
105.29     (b) All records relating to reports which, upon assessment 
105.30  or investigation, indicate either maltreatment or a need for 
105.31  child protective services shall be maintained for at least ten 
105.32  years after the date of the final entry in the case record. 
105.33     (c) All records regarding a report of maltreatment, 
105.34  including any notification of intent to interview which was 
105.35  received by a school under subdivision 10, paragraph (d), shall 
105.36  be destroyed by the school when ordered to do so by the agency 
106.1   conducting the assessment or investigation.  The agency shall 
106.2   order the destruction of the notification when other records 
106.3   relating to the report under investigation or assessment are 
106.4   destroyed under this subdivision. 
106.5      (d) Private or confidential data released to a court 
106.6   services agency under subdivision 10h must be destroyed by the 
106.7   court services agency when ordered to do so by the local welfare 
106.8   agency that released the data.  The local welfare agency or 
106.9   agency responsible for licensing or supervising the facility 
106.10  shall order destruction of the data when other records relating 
106.11  to the assessment or investigation are destroyed under this 
106.12  subdivision. 
106.13     Sec. 63.  Minnesota Statutes 1998, section 626.558, 
106.14  subdivision 2, is amended to read: 
106.15     Subd. 2.  [DUTIES OF TEAM.] A multidisciplinary child 
106.16  protection team may provide public and professional education, 
106.17  develop resources for prevention, intervention, and treatment, 
106.18  and provide case consultation to the local welfare agency or 
106.19  other interested community-based agencies.  The community-based 
106.20  agencies may request case consultation from the 
106.21  multidisciplinary child protection team regarding a child or 
106.22  family for whom the community-based agency is providing 
106.23  services.  A multidisciplinary child protection team may review 
106.24  on its own initiative cases in which a local welfare agency has 
106.25  made a determination of maltreatment but no services needed.  As 
106.26  used in this section, "case consultation" means a case review 
106.27  process in which recommendations are made concerning services to 
106.28  be provided to the identified children and family.  Case 
106.29  consultation may be performed by a committee or subcommittee of 
106.30  members representing human services, including mental health and 
106.31  chemical dependency; law enforcement, including probation and 
106.32  parole; the county attorney; health care; education; 
106.33  community-based agencies and other necessary agencies; and 
106.34  persons directly involved in an individual case as designated by 
106.35  other members performing case consultation. 
106.36     Sec. 64.  [CHILD PROTECTION SCREENING CRITERIA.] 
107.1      The commissioner of human services shall establish a task 
107.2   force of county and state officials to: 
107.3      (1) identify screening criteria to assist local social 
107.4   services agencies in deciding whether an initial report of 
107.5   suspected child maltreatment should be screened for a response 
107.6   or screened out; 
107.7      (2) articulate criteria for offering and providing services 
107.8   and criteria for opening and closing cases in counties that use 
107.9   alternative response programs under Minnesota Statutes, section 
107.10  626.5551; and 
107.11     (3) assess criteria for opening cases for services and 
107.12  closing cases in order to develop recommendations for 
107.13  improvement. 
107.14     The task force must report its conclusions to the 
107.15  commissioner by February 1, 2000.  The written criteria shall be 
107.16  placed in the counties' community social services act plans.