HF 1424

as introduced - 94th Legislature (2025 - 2026) Posted on 02/24/2025 03:26pm

A bill for an act
relating to children and families; modifying relative foster care licensing, training,
and background study requirements; modifying the Minnesota family investment
program; appropriating money; amending Minnesota Statutes 2024, sections
142B.01, subdivision 15; 142B.05, subdivision 3; 142B.47; 142B.51, subdivision
2; 142B.80; 142E.01, subdivisions 14, 19; 142G.01, subdivision 8; 142G.40,
subdivision 4; 245C.02, by adding a subdivision; 245C.03, subdivision 1; 245C.08,
subdivision 1; 245C.15, by adding a subdivision; proposing coding for new law
in Minnesota Statutes, chapter 142B.

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

Section 1.

Minnesota Statutes 2024, section 142B.01, subdivision 15, is amended to read:

Subd. 15.

Individual who is related.

"Individual who is related" means a spouse, a
parent, a birth or adopted child or stepchild, a stepparent, a stepbrother, a stepsister, a niece,
a nephew, an adoptive parent, a grandparent, a sibling, an aunt, an uncle, or a legal guardian. new text begin
For purposes of family child foster care, "individual who is related" includes an individual
who is an important friend of the child or of the child's parent or custodian, including an
individual with whom the child has resided or had significant contact or who has a significant
relationship to the child or the child's parent or custodian.
new text end

Sec. 2.

Minnesota Statutes 2024, section 142B.05, subdivision 3, is amended to read:

Subd. 3.

Foster care by an individual who is related to a child; license required.

new text begin (a)
new text end Notwithstanding subdivision 2, paragraph (a), clause (1), in order to provide foster care for
a child, an individual who is related to the child, other than a parent, or legal guardian, must
be licensed by the commissioner except as provided by section 142B.06.

new text begin (b) An individual who is related to the child may seek foster care licensure through the
county agency or a private agency in the community designated or licensed by the
commissioner. The county agency must provide information to all potential relative foster
care providers about this choice, including information about available private agencies for
foster care licensure.
new text end

new text begin (c) The commissioner must develop materials for the county agency to distribute at
regular intervals to all potential relative foster care providers and licensed relative foster
care providers, advising such providers on:
new text end

new text begin (1) access to legal services and support;
new text end

new text begin (2) choice in licensing under paragraph (b);
new text end

new text begin (3) choice in ongoing case support;
new text end

new text begin (4) how to access respite care and strategies for leveraging natural supports for the child
and family; and
new text end

new text begin (5) ways to include resource or substitute caregivers in the child's case plan.
new text end

new text begin (d) If an individual who is related to a child is seeking licensure to provide foster care
for the child and the individual has a domestic partner but is not married to the domestic
partner, only the individual related to the child must be licensed to provide foster care. The
commissioner must conduct background studies on household members according to section
245C.03, subdivision 1.
new text end

Sec. 3.

Minnesota Statutes 2024, section 142B.47, is amended to read:

142B.47 TRAINING ON RISK OF SUDDEN UNEXPECTED INFANT DEATH
AND ABUSIVE HEAD TRAUMA FOR CHILD FOSTER CARE PROVIDERS.

(a) Licensed child foster care providers new text begin , except individuals related to the child, new text end that care
for infants or children through five years of age must document that before caregivers assist
in the care of infants or children through five years of age, deleted text begin they deleted text end new text begin the caregivers new text end are instructed
on the standards in section 142B.46 and receive training on reducing the risk of sudden
unexpected infant death and abusive head trauma from shaking infants and young children. new text begin
Licensed child foster care providers who are related to the child must document completion
of the training required under this section within 30 days after licensure. new text end This section does
not apply to emergency relative placement under section 142B.06. The training on reducing
the risk of sudden unexpected infant death and abusive head trauma may be provided as:

(1) orientation training to child foster care providers who care for infants or children
through five years of age under Minnesota Rules, part 2960.3070, subpart 1; or

(2) in-service training to child foster care providers who care for infants or children
through five years of age under Minnesota Rules, part 2960.3070, subpart 2.

(b) Training required under this section must be at least one hour in length and must be
completed at least once every five years. At a minimum, the training must address the risk
factors related to sudden unexpected infant death and abusive head trauma, means of reducing
the risk of sudden unexpected infant death and abusive head trauma, and license holder
communication with parents regarding reducing the risk of sudden unexpected infant death
and abusive head trauma.

(c) Training for child foster care providers must be approved by the county or private
licensing agency that is responsible for monitoring the child foster care provider under
section 142B.30. The approved training fulfills, in part, training required under Minnesota
Rules, part 2960.3070.

Sec. 4.

Minnesota Statutes 2024, section 142B.51, subdivision 2, is amended to read:

Subd. 2.

Child passenger restraint systems; training requirement.

(a) Programs
licensed by the Department of Human Services under chapter 245A or the Department of
Children, Youth, and Families under this chapter and Minnesota Rules, chapter 2960, that
serve a child or children under eight years of age must document training that fulfills the
requirements in this subdivision.

(b) Before a license holder, staff person, or caregiver transports a child or children under
age eight in a motor vehicle, the person transporting the child must satisfactorily complete
training on the proper use and installation of child restraint systems in motor vehicles.
Training completed under this section may be used to meet initial or ongoing training under
Minnesota Rules, part 2960.3070, subparts 1 and 2.

(c) Training required under this section must be completed at orientation or initial training
and repeated at least once every five years. At a minimum, the training must address the
proper use of child restraint systems based on the child's size, weight, and age, and the
proper installation of a car seat or booster seat in the motor vehicle used by the license
holder to transport the child or children.

(d) Training under paragraph (c) must be provided by individuals who are certified and
approved by the Office of Traffic Safety within the Department of Public Safety. License
holders may obtain a list of certified and approved trainers through the Department of Public
Safety website or by contacting the agency.

(e) Notwithstanding paragraph (a), for an emergency relative placement under section
142B.06, the commissioner may grant a variance to the training required by this subdivision
for a relative who completes a child seat safety check up. The child seat safety check up
trainer must be approved by the Department of Public Safety, Office of Traffic Safety, and
must provide one-on-one instruction on placing a child of a specific age in the exact child
passenger restraint in the motor vehicle in which the child will be transported. Once granted
a variance, and if all other licensing requirements are met, the relative applicant may receive
a license and may transport a relative foster child younger than eight years of age. A child
seat safety check up must be completed each time a child requires a different size car seat
according to car seat and vehicle manufacturer guidelines. A relative license holder must
complete training that meets the other requirements of this subdivision prior to placement
of another foster child younger than eight years of age in the home or prior to the renewal
of the child foster care license.

new text begin (f) Notwithstanding paragraph (b), a child foster care license holder who is an individual
related to the child must document completion of the training required under this section
within 30 days after licensure.
new text end

Sec. 5.

Minnesota Statutes 2024, section 142B.80, is amended to read:

142B.80 CHILD FOSTER CARE TRAINING REQUIREMENT; MENTAL
HEALTH TRAINING; FETAL ALCOHOL SPECTRUM DISORDERS TRAINING.

Prior to a nonemergency placement of a child in a foster care home, the child foster care
license holder and caregivers in foster family and treatment foster care settings must complete
two hours of training that addresses the causes, symptoms, and key warning signs of mental
health disorders; cultural considerations; and effective approaches for dealing with a child's
behaviors. At least one hour of the annual training requirement for the foster family license
holder and caregivers must be on children's mental health issues and treatment. Except for
providers and services under chapter 245D new text begin and child foster care license holders who are
individuals related to the child new text end , the annual training must also include at least one hour of
training on fetal alcohol spectrum disorders, which must be counted toward the 12 hours
of required in-service training per year. Short-term substitute caregivers are exempt from
these requirements. Training curriculum shall be approved by the commissioner of children,
youth, and families.

Sec. 6.

new text begin [142B.81] CHILD FOSTER CARE TRAINING; RELATIVE CAREGIVERS.
new text end

new text begin Notwithstanding the required hours under Minnesota Rules, part 2960.3070, subpart 2,
a child foster care license holder who is an individual related to the child must complete a
minimum of six hours of in-service training per year in one or more of the areas in Minnesota
Rules, part 2960.3070, subpart 2, or in other areas as agreed upon by the licensing agency
and the foster parent. The relative child foster care license holder must consult with the
licensing agency and complete training in areas that are most applicable to caring for the
relative children in foster care in the home.
new text end

Sec. 7.

Minnesota Statutes 2024, section 142E.01, subdivision 14, is amended to read:

Subd. 14.

Family.

"Family" means parents; stepparents; guardians and their spouses;
other eligible relative caregivers and their spouses; relative custodians who accepted a
transfer of permanent legal and physical custody of a child under section 260C.515,
subdivision 4, or similar permanency disposition in Tribal code, and their spouses; successor
custodians or guardians as established by section 142A.605, subdivision 10, and their
spouses; foster parents providing care to a child placed in a family foster home under section
260C.007, subdivision 16b, and their spouses; new text begin relative caregivers, as defined under section
260C.007, subdivision 27, and their spouses residing in the same household; new text end and the
blood-related dependent children and adoptive siblings under the age of 18 years living in
the same home as any of the above. Family includes children temporarily absent from the
household in settings such as schools, foster care, and residential treatment facilities and
adults temporarily absent from the household in settings such as schools, military service,
or rehabilitation programs. An adult family member who is not in an authorized activity
under this chapter may be temporarily absent for up to 60 days. When a minor parent or
parents and his, her, or their child or children are living with other relatives, and the minor
parent or parents apply for a child care subsidy, "family" means only the minor parent or
parents and their child or children. An adult age 18 or older who meets this definition of
family and is a full-time high school or postsecondary student may be considered a dependent
member of the family unit if 50 percent or more of the adult's support is provided by the
parents; stepparents; guardians and their spouses; relative custodians who accepted a transfer
of permanent legal and physical custody of a child under section 260C.515, subdivision 4,
or similar permanency disposition in Tribal code, and their spouses; successor custodians
or guardians as established by section 142A.605, subdivision 10, and their spouses; foster
parents providing care to a child placed in a family foster home under section 260C.007,
subdivision 16b, and their spouses; or eligible relative caregivers and their spouses residing
in the same household.

Sec. 8.

Minnesota Statutes 2024, section 142E.01, subdivision 19, is amended to read:

Subd. 19.

Legal nonlicensed child care provider.

"Legal nonlicensed child care
provider" means: (1) a child care provider who is excluded from licensing requirements
under section 142B.05, subdivision 2; deleted text begin or deleted text end (2) a child care provider authorized to provide
care in a child's home under section 142E.10, subdivision 14, provided the provider only
cares for related children, children from a single, unrelated family, or both related children
and children from a single, unrelated family new text begin ; or (3) a relative caregiver as defined under
section 260C.007, subdivision 27, who is not the child's parent, stepparent, or guardian new text end .

Sec. 9.

Minnesota Statutes 2024, section 142G.01, subdivision 8, is amended to read:

Subd. 8.

Child-only TANF program.

Children who receive assistance under this chapter,
in which the assistance unit does not include a caregiver, but only includes a minor child,
shall become part of the program established under this chapter. new text begin A child receiving assistance
under this subdivision may live with a relative caregiver who does not have guardianship
or custody of the child. For purposes of this subdivision, "relative" has the meaning given
in section 260C.007, subdivision 27.
new text end

Sec. 10.

Minnesota Statutes 2024, section 142G.40, subdivision 4, is amended to read:

Subd. 4.

Exemption for certain families.

(a) Any cash assistance received by an
assistance unit does not count toward the 60-month limit on assistance during a month in
which the caregiver is age 60 or older.

(b) From July 1, 1997, until the date MFIP is operative in the caregiver's county of
financial responsibility, any cash assistance received by a caregiver who is complying with
Minnesota Statutes 1996, section 256.73, subdivision 5a, and Minnesota Statutes 1998,
section 256.736, if applicable, does not count toward the 60-month limit on assistance.
Thereafter, any cash assistance received by a minor caregiver who is complying with the
requirements of sections 142G.14 and 142G.57, if applicable, does not count deleted text begin towards deleted text end new text begin toward new text end
the 60-month limit on assistance.

(c) Any diversionary assistance or emergency assistance received prior to July 1, 2003,
does not count toward the 60-month limit.

(d) Any cash assistance received by an 18- or 19-year-old caregiver who is complying
with an employment plan that includes an education option under section 142G.57 does not
count toward the 60-month limit.

(e) Payments provided to meet short-term emergency needs under section 142G.76 do
not count toward the 60-month time limit.

new text begin (f) Any cash assistance received by an assistance unit does not count toward the 60-month
limit on assistance during a month in which the caregiver is a relative caregiver. For purposes
of this subdivision, "relative" has the meaning given in section 260C.007, subdivision 27.
new text end

Sec. 11.

Minnesota Statutes 2024, section 245C.02, is amended by adding a subdivision
to read:

new text begin Subd. 16b. new text end

new text begin Relative. new text end

new text begin "Relative" has the meaning given in section 260C.007, subdivision
27.
new text end

Sec. 12.

Minnesota Statutes 2024, section 245C.03, subdivision 1, is amended to read:

Subdivision 1.

Programs licensed by the commissioner.

(a) The commissioner shall
conduct a background study on:

(1) the person or persons applying for a license;

(2) an individual age 13 and over living in the household where the licensed program
will be provided who is not receiving licensed services from the program new text begin , except as provided
in paragraph (d) new text end ;

(3) current or prospective employees of the applicant or license holder who will have
direct contact with persons served by the facility, agency, or program;

(4) volunteers or student volunteers who will have direct contact with persons served
by the program to provide program services if the contact is not under the continuous, direct
supervision by an individual listed in clause (1) or (3);

(5) an individual age ten to 12 living in the household where the licensed services will
be provided when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15;

(6) an individual who, without providing direct contact services at a licensed program,
may have unsupervised access to children or vulnerable adults receiving services from a
program, when the commissioner has reasonable cause as defined in section 245C.02,
subdivision 15; and

(7) all controlling individuals as defined in section 245A.02, subdivision 5a;

(8) notwithstanding clause (3), for children's residential facilities and foster residence
settings, any adult working in the facility, whether or not the individual will have direct
contact with persons served by the facility.

(b) For child foster care when the license holder resides in the home where foster care
services are provided, a short-term substitute caregiver providing direct contact services for
a child for less than 72 hours of continuous care is not required to receive a background
study under this chapter.

(c) This subdivision applies to the following programs that must be licensed under
chapter 245A:

(1) adult foster care;

(2) children's residential facilities;

(3) licensed home and community-based services under chapter 245D;

(4) residential mental health programs for adults;

(5) substance use disorder treatment programs under chapter 245G;

(6) withdrawal management programs under chapter 245F;

(7) adult day care centers;

(8) family adult day services;

(9) detoxification programs;

(10) community residential settings;

(11) intensive residential treatment services and residential crisis stabilization under
chapter 245I; and

(12) treatment programs for persons with sexual psychopathic personality or sexually
dangerous persons, licensed under chapter 245A and according to Minnesota Rules, parts
9515.3000 to 9515.3110.

new text begin (d) Notwithstanding paragraph (a), clause (2), for child foster care provided by a relative
of the child in a foster family setting, the commissioner shall conduct a background study
only on individuals who are related, as defined in section 142B.01, subdivision 15, and are
at least 16 years old living in the household where the child foster care will be provided,
and not receiving licensed services from the provider.
new text end

Sec. 13.

Minnesota Statutes 2024, section 245C.08, subdivision 1, is amended to read:

Subdivision 1.

Background studies conducted by Department of Human Services.

(a)
For a background study conducted by the Department of Human Services, the commissioner
shall review:

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

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

(3) information from juvenile courts as required for studies under this chapter when
there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;

(5) except as provided in clause (6), information received as a result of submission of
fingerprints for a national criminal history record check, as defined in section 245C.02,
subdivision 13c, when the commissioner has reasonable cause for a national criminal history
record check as defined under section 245C.02, subdivision 15a, or as required under section
144.057, subdivision 1, clause (2);

(6) for a background study related to a child foster family setting application for licensure,
foster residence settings, children's residential facilities, a transfer of permanent legal and
physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a
background study required for family child care, certified license-exempt child care, child
care centers, and legal nonlicensed child care authorized under chapter 142E, the
commissioner shall also review:

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

(ii) when the background study subject is 18 years of age or older, or a minor under
section 245C.05, subdivision 5a, paragraph (c), information received following submission
of fingerprints for a national criminal history record check; and

(iii) when the background study subject is 18 years of age or older or a minor under
section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified
license-exempt child care, licensed child care centers, and legal nonlicensed child care
authorized under chapter 142E, information obtained using non-fingerprint-based data
including information from the criminal and sex offender registries for any state in which
the background study subject resided for the past five years and information from the national
crime information database and the national sex offender registry;

(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, and legal nonlicensed child care authorized under
chapter 142E, the background study shall also include, to the extent practicable, a name and
date-of-birth search of the National Sex Offender Public website; and

(8) for a background study required for treatment programs for sexual psychopathic
personalities or sexually dangerous persons, the background study shall only include a
review of the information required under paragraph (a), clauses (1) to (4).

(b) Except as otherwise provided in this paragraph, notwithstanding expungement by a
court, the commissioner may consider information obtained under paragraph (a), clauses
(3) and (4), unless:

(1) the commissioner received notice of the petition for expungement and the court order
for expungement is directed specifically to the commissioner; or

(2) the commissioner received notice of the expungement order issued pursuant to section
609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically
to the commissioner.

The commissioner may not consider information obtained under paragraph (a), clauses (3)
and (4), or from any other source that identifies a violation of chapter 152 without
determining if the offense involved the possession of marijuana or tetrahydrocannabinol
and, if so, whether the person received a grant of expungement or order of expungement,
or the person was resentenced to a lesser offense. If the person received a grant of
expungement or order of expungement, the commissioner may not consider information
related to that violation but may consider any other relevant information arising out of the
same incident.

(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that relates
to individuals who have already been studied under this chapter and who remain affiliated
with the agency that initiated the background study.

(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.

(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.

new text begin (f) For a child abuse and neglect registry check related to a child foster family setting
application for licensure, a transfer of permanent legal and physical custody of a child under
sections 260C.503 to 260C.515, or an adoption under paragraph (a), clause (6), item (i), the
commissioner must not require submission of a copy of an individual's consent or the consent
form. The commissioner must accept an attestation transmitted by the out-of-state agency
conducting the registry check stating that consent was received as proof of consent to an
out-of-state child abuse and neglect registry check.
new text end

Sec. 14.

Minnesota Statutes 2024, section 245C.15, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Licensed relative family foster setting disqualifications. new text end

new text begin (a) Notwithstanding
subdivisions 1 to 4a, for a background study affiliated with a licensed family foster setting,
when an individual is a relative of the child in foster care an individual is disqualified under
section 245C.14, regardless of how much time has passed, if the individual committed an
act that resulted in a felony-level conviction for section: 609.185 (murder in the first degree);
609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.223,
subdivision 2 (assault in the third degree, past pattern of child abuse); 609.223, subdivision
3 (assault in the third degree, victim under four); 609.2242 or 609.2243 (domestic assault,
spousal abuse, child abuse or neglect, or a crime against children); 609.2247 (domestic
assault by strangulation); 609.2325 (criminal abuse of a vulnerable adult resulting in the
death of a vulnerable adult); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.2661
(murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the
second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664
(manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn
child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671
(assault of an unborn child in the second degree); 609.268 (injury or death of an unborn
child in the commission of a crime); 609.322, subdivision 1 (solicitation, inducement, and
promotion of prostitution; sex trafficking in the first degree); 609.324, subdivision 1
(engaging in, hiring, or agreeing to hire a minor to engage in prostitution); 609.342 (criminal
sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in
the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal
sexual predatory conduct); 609.352 (solicitation of children to engage in sexual conduct);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.582, subdivision 1 (burglary in the first degree); 617.23 (indecent exposure); 617.246
(use of minors in sexual performance prohibited); or 617.247 (possession of pornographic
work involving minors).
new text end

new text begin (b) Notwithstanding subdivisions 1 to 4a, for a background study affiliated with a licensed
family foster setting, when an individual is a relative of the child in foster care, an individual
is disqualified under section 245C.14, regardless of how much time has passed, if the
individual:
new text end

new text begin (1) committed an action under paragraph (e) that resulted in death or involved sexual
abuse, as defined in section 260E.03, subdivision 20;
new text end

new text begin (2) committed an act that resulted in a gross misdemeanor-level conviction for section
609.3451 (criminal sexual conduct in the fifth degree);
new text end

new text begin (3) committed an act against or involving a minor that resulted in a felony-level conviction
for section: 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the
third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree);
or
new text end

new text begin (4) committed an act that resulted in a misdemeanor- or gross misdemeanor-level
conviction for section 617.293 (dissemination and display of harmful materials to minors).
new text end

new text begin (c) Notwithstanding subdivisions 1 to 4a, for a background study affiliated with a licensed
family foster setting, when an individual is a relative of the child in foster care, an individual
is disqualified under section 245C.14 if fewer than five years have passed since a felony-level
violation for section: 152.021 (controlled substance crime in the first degree); 152.022
(controlled substance crime in the second degree); 152.023 (controlled substance crime in
the third degree); 152.024 (controlled substance crime in the fourth degree); 152.025
(controlled substance crime in the fifth degree); 152.0261 (importing controlled substances
across state borders); 152.0262, subdivision 1, paragraph (b) (possession of a substance
with intent to manufacture methamphetamine); 152.027, subdivision 6, paragraph (c) (sale
of synthetic cannabinoids); 152.096 (conspiracies prohibited); 152.097 (simulated controlled
substances); 152.136 (illegal use of anhydrous ammonia); 152.137 (methamphetamine-related
crimes involving children or vulnerable adults); 169A.24 (first-degree driving while
impaired); 243.166 (violation of predatory offender registration requirements); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112
(criminal vehicular homicide); 609.2113 (criminal vehicular operation; bodily harm);
609.2114 (criminal vehicular operation; unborn child); 609.228 (great bodily harm caused
by distribution of drugs); 609.2325 (criminal abuse of a vulnerable adult not resulting in
the death of a vulnerable adult); 609.233 (criminal neglect); 609.235 (use of drugs to injure
or facilitate a crime); 609.24 (simple robbery); 609.247, subdivision 2, 3, or 4 (carjacking
in the first, second, or third degree); 609.255 (false imprisonment); 609.322, subdivision
1a (solicitation, inducement, and promotion of prostitution; sex trafficking in the second
degree); 609.498, subdivision 1 (tampering with a witness in the first degree); 609.498,
subdivision 1b (aggravated first-degree witness tampering); 609.561 (arson in the first
degree); 609.562 (arson in the second degree); 609.563 (arson in the third degree); 609.582,
subdivision 2 (burglary in the second degree); 609.66 (felony dangerous weapons); 609.687
(adulteration); 609.713 (threats of violence); 609.746 (interference with privacy); 609.749,
subdivision 3, 4, or 5 (felony-level harassment or stalking); 609.855, subdivision 5 (shooting
at or in a public transit vehicle or facility); or 624.713 (certain people not to possess firearms).
new text end

new text begin (d) Notwithstanding subdivisions 1 to 4a, for a background study affiliated with a licensed
family foster setting, when an individual is a relative of the child in foster care, an individual
is disqualified under section 245C.14 if fewer than five years have passed since the
termination of the individual's parental rights under section 260C.301, subdivision 1,
paragraph (b), or if the individual consented to a termination of parental rights under section
260C.301, subdivision 1, paragraph (a), to settle a petition to involuntarily terminate parental
rights. An individual is disqualified under section 245C.14 if fewer than five years have
passed since the termination of the individual's parental rights in any other state or country
where the conditions for the individual's termination of parental rights are substantially
similar to the conditions in section 260C.301, subdivision 1, paragraph (b).
new text end

new text begin (e) Notwithstanding subdivisions 1 to 4a, except as provided in paragraph (a), for a
background study affiliated with a licensed family foster setting, when an individual is a
relative of the child in foster care, an individual is disqualified under section 245C.14 if
fewer than five years have passed since:
new text end

new text begin (1) a felony-level violation for an act not against or involving a minor that constitutes
section: 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third
degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the
fifth degree);
new text end

new text begin (2) a violation of an order for protection under section 518B.01, subdivision 14;
new text end

new text begin (3) a determination or disposition of the individual's failure to make required reports
under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition
under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment
was recurring or serious;
new text end

new text begin (4) a determination or disposition of the individual's substantiated serious or recurring
maltreatment of a minor under chapter 260E or of a vulnerable adult under section 626.557
or serious or recurring maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under chapter 260E or section 626.557 and meet
the definition of serious or recurring maltreatment;
new text end

new text begin (5) a gross misdemeanor-level violation for section: 609.224 (assault in the fifth degree);
609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect); 609.377 (malicious
punishment of a child); 609.378 (neglect or endangerment of a child); 609.746 (interference
with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or
new text end

new text begin (6) committing an act against or involving a minor that resulted in a misdemeanor-level
violation of section 609.224, subdivision 1 (assault in the fifth degree).
new text end

new text begin (f) For purposes of paragraphs (a) and (b), the disqualification begins from:
new text end

new text begin (1) the date of the alleged violation, if the individual was not convicted;
new text end

new text begin (2) the date of conviction, if the individual was convicted of the violation but not
committed to the custody of the commissioner of corrections; or
new text end

new text begin (3) the date of release from prison, if the individual was convicted of the violation and
committed to the custody of the commissioner of corrections.
new text end

new text begin Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation
of the individual's supervised release, the disqualification begins from the date of release
from the subsequent incarceration.
new text end

new text begin (g) For purposes of paragraphs (c), (d), and (e), the disqualification begins from the date
of the alleged violation.
new text end

new text begin (h) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes, permanently disqualifies the individual under section 245C.14. An individual is
disqualified under section 245C.14 if fewer than five years have passed since the individual's
aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs
(d) and (e).
new text end

new text begin (i) An individual's offense in any other state or country, where the elements of the offense
are substantially similar to any of the offenses listed in paragraphs (a) and (b), permanently
disqualifies the individual under section 245C.14. An individual is disqualified under section
245C.14 if fewer than five years have passed since an offense in any other state or country,
the elements of which are substantially similar to the elements of any offense listed in
paragraphs (c) and (e).
new text end

Sec. 15. new text begin DIRECTION TO COMMISSIONER OF CHILDREN, YOUTH, AND
FAMILIES.
new text end

new text begin The commissioner of children, youth, and families must make all written communications
and materials for individuals who are related to a child, as defined in Minnesota Statutes,
section 142B.01, subdivision 15, and who are providing or seeking to provide foster care,
available in the 20 most common languages spoken in Minnesota. The commissioner must
also make the communications and materials available in American Sign Language and
accessible to relative foster care providers with disabilities.
new text end

Sec. 16. new text begin DIRECTION TO COMMISSIONER OF CHILDREN, YOUTH, AND
FAMILIES; CONDENSED CHILD FOSTER CARE LICENSING GUIDELINES.
new text end

new text begin By December 15, 2025, the commissioner of children, youth, and families must create
a condensed version of the child foster care licensing guidelines published by the
commissioner of human services in December 2023 for individuals providing foster care
for a relative child and for the purpose of kinship foster care providers to achieve licensure
within one month. The commissioner must consult with stakeholders to remove or
significantly condense portions of the guidelines for home studies and interviews that do
not apply to relative foster caregivers and any other guidelines that are unnecessary or
duplicative when licensing relative foster caregivers.
new text end

Sec. 17. new text begin APPROPRIATION; SUPPORTING RELATIVE CAREGIVER GRANTS.
new text end

new text begin $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
fund to the commissioner of children, youth, and families for the supporting relative caregiver
grant program established in Laws 2024, chapter 115, article 12, section 33.
new text end

Sec. 18. new text begin APPROPRIATION; COUNTY GRANTS FOR FINGERPRINTING
DEVICES.
new text end

new text begin $....... in fiscal year 2026 is appropriated from the general fund to the commissioner of
human services for grants to community licensing partners and to county and Tribal social
services agencies to purchase at-home or mobile fingerprinting devices, for purposes of
expediting background studies under Minnesota Statutes, chapter 245C. Fingerprinting
devices purchased with grant funds must be approved by the commissioner of human services
for submitting fingerprints to the existing background study system. This is a onetime
appropriation.
new text end