HF 1889

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; implementing child 
  1.3             protection, child care, and child and family support 
  1.4             provisions; amending Minnesota Statutes 2004, sections 
  1.5             119A.43, subdivision 2; 119B.025, subdivision 1; 
  1.6             119B.03, subdivision 6; 119B.09, subdivisions 4, 9; 
  1.7             144D.025; 256.978, subdivision 2; 256D.02, subdivision 
  1.8             17; 256D.051, subdivision 6c; 256I.04, subdivision 2a; 
  1.9             256I.05, by adding a subdivision; 256J.626, 
  1.10            subdivisions 6, 7, 8; 256J.751, subdivisions 2, 5; 
  1.11            257.85, subdivisions 2, 3; 259.23, subdivisions 1, 2; 
  1.12            259.41, subdivision 3; 259.75, subdivision 1; 259.79, 
  1.13            subdivision 1; 259.85, subdivision 1; 260.012; 
  1.14            260C.001, subdivision 3; 260C.007, subdivision 8; 
  1.15            260C.151, subdivision 6; 260C.178; 260C.201, 
  1.16            subdivisions 1, 10, 11; 260C.312; 260C.317, 
  1.17            subdivision 3; 518.551, subdivision 5; 518.68, 
  1.18            subdivision 2; 548.091, subdivision 1a; 626.556, 
  1.19            subdivisions 1, 2, 3, 10, 10b, 10e, 10f, 10i, 11, 11c, 
  1.20            by adding subdivisions; repealing Minnesota Statutes 
  1.21            2004, sections 626.5551, subdivisions 1, 2, 3, 4, 5; 
  1.22            Minnesota Rules, parts 9500.1206, subparts 20, 26d, 
  1.23            27; 9560.0220, subpart 6, item B; 9560.0230, subpart 2.
  1.24  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.25                             ARTICLE 1 
  1.26                CHILD WELFARE:  ALTERNATIVE RESPONSE 
  1.27     Section 1.  Minnesota Statutes 2004, section 626.556, 
  1.28  subdivision 1, is amended to read: 
  1.29     Subdivision 1.  [PUBLIC POLICY.] The legislature hereby 
  1.30  declares that the public policy of this state is to protect 
  1.31  children whose health or welfare may be jeopardized through 
  1.32  physical abuse, neglect, or sexual abuse.  While it is 
  1.33  recognized that most parents want to keep their children safe, 
  1.34  sometimes circumstances or conditions interfere with their 
  2.1   ability to do so.  When this occurs, families are best served by 
  2.2   interventions that engage their protective capacities and 
  2.3   address immediate safety concerns and ongoing risks of child 
  2.4   maltreatment.  In furtherance of this public policy, it is the 
  2.5   intent of the legislature under this section to strengthen the 
  2.6   family and make the home, school, and community safe for 
  2.7   children by promoting responsible child care in all settings; 
  2.8   and to provide, when necessary, a safe temporary or permanent 
  2.9   home environment for physically or sexually abused or neglected 
  2.10  children. 
  2.11     In addition, it is the policy of this state to require the 
  2.12  reporting of neglect, physical or sexual abuse of children in 
  2.13  the home, school, and community settings; to provide for the 
  2.14  voluntary reporting of abuse or neglect of children; to require 
  2.15  the a family assessment and, when appropriate, as the preferred 
  2.16  response to reports not alleging substantial child endangerment; 
  2.17  to require an investigation of the reports when the report 
  2.18  alleges substantial child endangerment; and to provide 
  2.19  protective and counseling, family support, and family 
  2.20  preservation services when needed in appropriate cases. 
  2.21     Sec. 2.  Minnesota Statutes 2004, section 626.556, 
  2.22  subdivision 2, is amended to read: 
  2.23     Subd. 2.  [DEFINITIONS.] As used in this section, the 
  2.24  following terms have the meanings given them unless the specific 
  2.25  content indicates otherwise: 
  2.26     (a) "Family assessment" means a comprehensive assessment of 
  2.27  child safety, risk of subsequent child maltreatment, and family 
  2.28  strengths and needs that is applied to a child maltreatment 
  2.29  report that does not allege substantial child endangerment.  
  2.30  Family assessment does not include a determination as to whether 
  2.31  child maltreatment occurred but does determine the need for 
  2.32  services to address the safety of family members and the risk of 
  2.33  subsequent maltreatment. 
  2.34     (b) "Investigation" means fact gathering related to the 
  2.35  current safety of a child and the risk of subsequent 
  2.36  maltreatment that determines whether child maltreatment occurred 
  3.1   and whether child protective services are needed.  An 
  3.2   investigation must be used when reports involve substantial 
  3.3   child endangerment, and for reports of maltreatment in 
  3.4   facilities required to be licensed under chapter 245A or 245B; 
  3.5   under sections 144.50 to 144.58 and 241.021; in a school as 
  3.6   defined in sections 120A.05, subdivisions 9, 11, and 13, and 
  3.7   124D.10; or in a nonlicensed personal care provider association 
  3.8   as defined in sections 256B.04, subdivision 16, and 256B.0625, 
  3.9   subdivision 19a. 
  3.10     (c) "Substantial child endangerment" means a person 
  3.11  responsible for a child's care, a person who has a significant 
  3.12  relationship to the child as defined in section 609.341, or a 
  3.13  person in a position of authority as defined in section 609.341, 
  3.14  who by act or omission commits or attempts to commit an act 
  3.15  against a child under their care that constitutes any of the 
  3.16  following: 
  3.17     (1) egregious harm as defined in section 260C.007, 
  3.18  subdivision 14; 
  3.19     (2) sexual abuse as defined in paragraph (d); 
  3.20     (3) abandonment under section 260C.301, subdivision 2; 
  3.21     (4) neglect as defined in paragraph (f), clause (2), that 
  3.22  substantially endangers the child's physical or mental health, 
  3.23  including a growth delay, which may be referred to as failure to 
  3.24  thrive, that has been diagnosed by a physician and is due to 
  3.25  parental neglect; 
  3.26     (5) murder in the first, second, or third degree under 
  3.27  section 609.185, 609.19, or 609.195; 
  3.28     (6) manslaughter in the first or second degree under 
  3.29  section 609.20 or 609.205; 
  3.30     (7) assault in the first, second, or third degree under 
  3.31  section 609.221, 609.222, or 609.223; 
  3.32     (8) solicitation, inducement, and promotion of prostitution 
  3.33  under section 609.322; 
  3.34     (9) criminal sexual conduct under sections 609.342 to 
  3.35  609.3451; 
  3.36     (10) solicitation of children to engage in sexual conduct 
  4.1   under section 609.352; 
  4.2      (11) malicious punishment or neglect or endangerment of a 
  4.3   child under section 609.377 or 609.378; 
  4.4      (12) use of a minor in sexual performance under section 
  4.5   617.246; or 
  4.6      (13) parental behavior, status, or condition which mandates 
  4.7   that the county attorney file a termination of parental rights 
  4.8   petition under section 260C.301, subdivision 3, paragraph (a). 
  4.9      (d) "Sexual abuse" means the subjection of a child by a 
  4.10  person responsible for the child's care, by a person who has a 
  4.11  significant relationship to the child, as defined in section 
  4.12  609.341, or by a person in a position of authority, as defined 
  4.13  in section 609.341, subdivision 10, to any act which constitutes 
  4.14  a violation of section 609.342 (criminal sexual conduct in the 
  4.15  first degree), 609.343 (criminal sexual conduct in the second 
  4.16  degree), 609.344 (criminal sexual conduct in the third degree), 
  4.17  609.345 (criminal sexual conduct in the fourth degree), or 
  4.18  609.3451 (criminal sexual conduct in the fifth degree).  Sexual 
  4.19  abuse also includes any act which involves a minor which 
  4.20  constitutes a violation of prostitution offenses under sections 
  4.21  609.321 to 609.324 or 617.246.  Sexual abuse includes threatened 
  4.22  sexual abuse.  
  4.23     (b) (e) "Person responsible for the child's care" means (1) 
  4.24  an individual functioning within the family unit and having 
  4.25  responsibilities for the care of the child such as a parent, 
  4.26  guardian, or other person having similar care responsibilities, 
  4.27  or (2) an individual functioning outside the family unit and 
  4.28  having responsibilities for the care of the child such as a 
  4.29  teacher, school administrator, other school employees or agents, 
  4.30  or other lawful custodian of a child having either full-time or 
  4.31  short-term care responsibilities including, but not limited to, 
  4.32  day care, babysitting whether paid or unpaid, counseling, 
  4.33  teaching, and coaching.  
  4.34     (c) (f) "Neglect" means: 
  4.35     (1) failure by a person responsible for a child's care to 
  4.36  supply a child with necessary food, clothing, shelter, health, 
  5.1   medical, or other care required for the child's physical or 
  5.2   mental health when reasonably able to do so; 
  5.3      (2) failure to protect a child from conditions or actions 
  5.4   that seriously endanger the child's physical or mental health 
  5.5   when reasonably able to do so, including a growth delay, which 
  5.6   may be referred to as a failure to thrive, that has been 
  5.7   diagnosed by a physician and is due to parental neglect; 
  5.8      (3) failure to provide for necessary supervision or child 
  5.9   care arrangements appropriate for a child after considering 
  5.10  factors as the child's age, mental ability, physical condition, 
  5.11  length of absence, or environment, when the child is unable to 
  5.12  care for the child's own basic needs or safety, or the basic 
  5.13  needs or safety of another child in their care; 
  5.14     (4) failure to ensure that the child is educated as defined 
  5.15  in sections 120A.22 and 260C.163, subdivision 11, which does not 
  5.16  include a parent's refusal to provide the parent's child with 
  5.17  sympathomimetic medications, consistent with section 125A.091, 
  5.18  subdivision 5; 
  5.19     (5) nothing in this section shall be construed to mean that 
  5.20  a child is neglected solely because the child's parent, 
  5.21  guardian, or other person responsible for the child's care in 
  5.22  good faith selects and depends upon spiritual means or prayer 
  5.23  for treatment or care of disease or remedial care of the child 
  5.24  in lieu of medical care; except that a parent, guardian, or 
  5.25  caretaker, or a person mandated to report pursuant to 
  5.26  subdivision 3, has a duty to report if a lack of medical care 
  5.27  may cause serious danger to the child's health.  This section 
  5.28  does not impose upon persons, not otherwise legally responsible 
  5.29  for providing a child with necessary food, clothing, shelter, 
  5.30  education, or medical care, a duty to provide that care; 
  5.31     (6) prenatal exposure to a controlled substance, as defined 
  5.32  in section 253B.02, subdivision 2, used by the mother for a 
  5.33  nonmedical purpose, as evidenced by withdrawal symptoms in the 
  5.34  child at birth, results of a toxicology test performed on the 
  5.35  mother at delivery or the child at birth, or medical effects or 
  5.36  developmental delays during the child's first year of life that 
  6.1   medically indicate prenatal exposure to a controlled substance; 
  6.2      (7) "medical neglect" as defined in section 260C.007, 
  6.3   subdivision 6, clause (5); 
  6.4      (8) chronic and severe use of alcohol or a controlled 
  6.5   substance by a parent or person responsible for the care of the 
  6.6   child that adversely affects the child's basic needs and safety; 
  6.7   or 
  6.8      (9) emotional harm from a pattern of behavior which 
  6.9   contributes to impaired emotional functioning of the child which 
  6.10  may be demonstrated by a substantial and observable effect in 
  6.11  the child's behavior, emotional response, or cognition that is 
  6.12  not within the normal range for the child's age and stage of 
  6.13  development, with due regard to the child's culture. 
  6.14     (d) (g) "Physical abuse" means any physical injury, mental 
  6.15  injury, or threatened injury, inflicted by a person responsible 
  6.16  for the child's care on a child other than by accidental means, 
  6.17  or any physical or mental injury that cannot reasonably be 
  6.18  explained by the child's history of injuries, or any aversive or 
  6.19  deprivation procedures, or regulated interventions, that have 
  6.20  not been authorized under section 121A.67 or 245.825.  Abuse 
  6.21  does not include reasonable and moderate physical discipline of 
  6.22  a child administered by a parent or legal guardian which does 
  6.23  not result in an injury.  Abuse does not include the use of 
  6.24  reasonable force by a teacher, principal, or school employee as 
  6.25  allowed by section 121A.582.  Actions which are not reasonable 
  6.26  and moderate include, but are not limited to, any of the 
  6.27  following that are done in anger or without regard to the safety 
  6.28  of the child: 
  6.29     (1) throwing, kicking, burning, biting, or cutting a child; 
  6.30     (2) striking a child with a closed fist; 
  6.31     (3) shaking a child under age three; 
  6.32     (4) striking or other actions which result in any 
  6.33  nonaccidental injury to a child under 18 months of age; 
  6.34     (5) unreasonable interference with a child's breathing; 
  6.35     (6) threatening a child with a weapon, as defined in 
  6.36  section 609.02, subdivision 6; 
  7.1      (7) striking a child under age one on the face or head; 
  7.2      (8) purposely giving a child poison, alcohol, or dangerous, 
  7.3   harmful, or controlled substances which were not prescribed for 
  7.4   the child by a practitioner, in order to control or punish the 
  7.5   child; or other substances that substantially affect the child's 
  7.6   behavior, motor coordination, or judgment or that results in 
  7.7   sickness or internal injury, or subjects the child to medical 
  7.8   procedures that would be unnecessary if the child were not 
  7.9   exposed to the substances; 
  7.10     (9) unreasonable physical confinement or restraint not 
  7.11  permitted under section 609.379, including but not limited to 
  7.12  tying, caging, or chaining; or 
  7.13     (10) in a school facility or school zone, an act by a 
  7.14  person responsible for the child's care that is a violation 
  7.15  under section 121A.58. 
  7.16     (e) (h) "Report" means any report received by the local 
  7.17  welfare agency, police department, county sheriff, or agency 
  7.18  responsible for assessing or investigating maltreatment pursuant 
  7.19  to this section. 
  7.20     (f) (i) "Facility" means a licensed or unlicensed day care 
  7.21  facility, residential facility, agency, hospital, sanitarium, or 
  7.22  other facility or institution required to be licensed under 
  7.23  sections 144.50 to 144.58, 241.021, or 245A.01 to 245A.16, or 
  7.24  chapter 245B; or a school as defined in sections 120A.05, 
  7.25  subdivisions 9, 11, and 13; and 124D.10; or a nonlicensed 
  7.26  personal care provider organization as defined in sections 
  7.27  256B.04, subdivision 16, and 256B.0625, subdivision 19a. 
  7.28     (g) (j) "Operator" means an operator or agency as defined 
  7.29  in section 245A.02.  
  7.30     (h) (k) "Commissioner" means the commissioner of human 
  7.31  services. 
  7.32     (i) "Assessment" includes authority to interview the child, 
  7.33  the person or persons responsible for the child's care, the 
  7.34  alleged perpetrator, and any other person with knowledge of the 
  7.35  abuse or neglect for the purpose of gathering the facts, 
  7.36  assessing the risk to the child, and formulating a plan.  
  8.1      (j) (l) "Practice of social services," for the purposes of 
  8.2   subdivision 3, includes but is not limited to employee 
  8.3   assistance counseling and the provision of guardian ad litem and 
  8.4   parenting time expeditor services.  
  8.5      (k) (m) "Mental injury" means an injury to the 
  8.6   psychological capacity or emotional stability of a child as 
  8.7   evidenced by an observable or substantial impairment in the 
  8.8   child's ability to function within a normal range of performance 
  8.9   and behavior with due regard to the child's culture. 
  8.10     (l) (n) "Threatened injury" means a statement, overt act, 
  8.11  condition, or status that represents a substantial risk of 
  8.12  physical or sexual abuse or mental injury.  Threatened injury 
  8.13  includes, but is not limited to, exposing a child to a person 
  8.14  responsible for the child's care, as defined in 
  8.15  paragraph (b) (e), clause (1), who has: 
  8.16     (1) subjected a child to, or failed to protect a child 
  8.17  from, an overt act or condition that constitutes egregious harm, 
  8.18  as defined in section 260C.007, subdivision 14, or a similar law 
  8.19  of another jurisdiction; 
  8.20     (2) been found to be palpably unfit under section 260C.301, 
  8.21  paragraph (b), clause (4), or a similar law of another 
  8.22  jurisdiction; 
  8.23     (3) committed an act that has resulted in an involuntary 
  8.24  termination of parental rights under section 260C.301, or a 
  8.25  similar law of another jurisdiction; or 
  8.26     (4) committed an act that has resulted in the involuntary 
  8.27  transfer of permanent legal and physical custody of a child to a 
  8.28  relative under section 260C.201, subdivision 11, paragraph (d), 
  8.29  clause (1), or a similar law of another jurisdiction. 
  8.30     (m) (o) Persons who conduct assessments or investigations 
  8.31  under this section shall take into account accepted 
  8.32  child-rearing practices of the culture in which a child 
  8.33  participates and accepted teacher discipline practices, which 
  8.34  are not injurious to the child's health, welfare, and safety. 
  8.35     Sec. 3.  Minnesota Statutes 2004, section 626.556, 
  8.36  subdivision 3, is amended to read: 
  9.1      Subd. 3.  [PERSONS MANDATED TO REPORT.] (a) A person who 
  9.2   knows or has reason to believe a child is being neglected or 
  9.3   physically or sexually abused, as defined in subdivision 2, or 
  9.4   has been neglected or physically or sexually abused within the 
  9.5   preceding three years, shall immediately report the information 
  9.6   to the local welfare agency, agency responsible for assessing or 
  9.7   investigating the report, police department, or the county 
  9.8   sheriff if the person is:  
  9.9      (1) a professional or professional's delegate who is 
  9.10  engaged in the practice of the healing arts, social services, 
  9.11  hospital administration, psychological or psychiatric treatment, 
  9.12  child care, education, probation and correctional services, or 
  9.13  law enforcement; or 
  9.14     (2) employed as a member of the clergy and received the 
  9.15  information while engaged in ministerial duties, provided that a 
  9.16  member of the clergy is not required by this subdivision to 
  9.17  report information that is otherwise privileged under section 
  9.18  595.02, subdivision 1, paragraph (c).  
  9.19     The police department or the county sheriff, upon receiving 
  9.20  a report, shall immediately notify the local welfare agency or 
  9.21  agency responsible for assessing or investigating the report, 
  9.22  orally and in writing.  The local welfare agency, or agency 
  9.23  responsible for assessing or investigating the report, upon 
  9.24  receiving a report, shall immediately notify the local police 
  9.25  department or the county sheriff orally and in writing.  The 
  9.26  county sheriff and the head of every local welfare agency, 
  9.27  agency responsible for assessing or investigating reports, and 
  9.28  police department shall each designate a person within their 
  9.29  agency, department, or office who is responsible for ensuring 
  9.30  that the notification duties of this paragraph and paragraph (b) 
  9.31  are carried out.  Nothing in this subdivision shall be construed 
  9.32  to require more than one report from any institution, facility, 
  9.33  school, or agency. 
  9.34     (b) Any person may voluntarily report to the local welfare 
  9.35  agency, agency responsible for assessing or investigating the 
  9.36  report, police department, or the county sheriff if the person 
 10.1   knows, has reason to believe, or suspects a child is being or 
 10.2   has been neglected or subjected to physical or sexual abuse.  
 10.3   The police department or the county sheriff, upon receiving a 
 10.4   report, shall immediately notify the local welfare agency or 
 10.5   agency responsible for assessing or investigating the report, 
 10.6   orally and in writing.  The local welfare agency or agency 
 10.7   responsible for assessing or investigating the report, upon 
 10.8   receiving a report, shall immediately notify the local police 
 10.9   department or the county sheriff orally and in writing. 
 10.10     (c) A person mandated to report physical or sexual child 
 10.11  abuse or neglect occurring within a licensed facility shall 
 10.12  report the information to the agency responsible for licensing 
 10.13  the facility under sections 144.50 to 144.58; 241.021; 245A.01 
 10.14  to 245A.16; or chapter 245B; or a nonlicensed personal care 
 10.15  provider organization as defined in sections 256B.04, 
 10.16  subdivision 16; and 256B.0625, subdivision 19.  A health or 
 10.17  corrections agency receiving a report may request the local 
 10.18  welfare agency to provide assistance pursuant to subdivisions 
 10.19  10, 10a, and 10b.  A board or other entity whose licensees 
 10.20  perform work within a school facility, upon receiving a 
 10.21  complaint of alleged maltreatment, shall provide information 
 10.22  about the circumstances of the alleged maltreatment to the 
 10.23  commissioner of education.  Section 13.03, subdivision 4, 
 10.24  applies to data received by the commissioner of education from a 
 10.25  licensing entity.  
 10.26     (d) Any person mandated to report shall receive a summary 
 10.27  of the disposition of a family assessment or investigation 
 10.28  related to any report made by that reporter, including whether 
 10.29  the case has been opened for child protection or other services, 
 10.30  or if a referral has been made to a community organization, 
 10.31  unless release would be detrimental to the best interests of the 
 10.32  child.  Any person who is not mandated to report shall, upon 
 10.33  request to the local welfare agency, receive a concise summary 
 10.34  of the disposition of any report made by that reporter, unless 
 10.35  release would be detrimental to the best interests of the child. 
 10.36     (e) For purposes of this subdivision, "immediately" means 
 11.1   as soon as possible but in no event longer than 24 hours. 
 11.2      Sec. 4.  Minnesota Statutes 2004, section 626.556, is 
 11.3   amended by adding a subdivision to read: 
 11.4      Subd. 3d.  [AUTHORITY TO INTERVIEW.] The agency responsible 
 11.5   for assessing or investigating reports of child maltreatment has 
 11.6   the authority to interview the child, the person or persons 
 11.7   responsible for the child's care, the alleged perpetrator, and 
 11.8   any other person with knowledge of the abuse or neglect for the 
 11.9   purpose of gathering the facts, assessing safety and risk to the 
 11.10  child, and formulating a plan. 
 11.11     Sec. 5.  Minnesota Statutes 2004, section 626.556, 
 11.12  subdivision 10, is amended to read: 
 11.13     Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
 11.14  ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) Upon receipt 
 11.15  of a report, the local welfare agency shall determine whether to 
 11.16  conduct a family assessment or an investigation as appropriate 
 11.17  to prevent or provide a remedy for child maltreatment.  The 
 11.18  local welfare agency: 
 11.19     (1) shall conduct an investigation on reports involving 
 11.20  substantial child endangerment; 
 11.21     (2) shall begin an immediate investigation if, at any time 
 11.22  when it is using a family assessment response, it determines 
 11.23  that there is reason to believe that substantial child 
 11.24  endangerment or a serious threat to the child's safety exists; 
 11.25     (3) may conduct a family assessment for reports that do not 
 11.26  allege substantial child endangerment.  In determining that a 
 11.27  family assessment is appropriate, the local welfare agency may 
 11.28  consider issues of child safety, parental cooperation, and the 
 11.29  need for an immediate response; and 
 11.30     (4) may conduct a family assessment on a report that was 
 11.31  initially screened and assigned for an investigation.  In 
 11.32  determining that a complete investigation is not required, the 
 11.33  local welfare agency must document the reason for terminating 
 11.34  the investigation and notify the local law enforcement agency if 
 11.35  the local law enforcement agency is conducting a joint 
 11.36  investigation. 
 12.1      If the report alleges neglect, physical abuse, or sexual 
 12.2   abuse by a parent, guardian, or individual functioning within 
 12.3   the family unit as a person responsible for the child's care, 
 12.4   the local welfare agency shall immediately conduct an a family 
 12.5   assessment including gathering or investigation as identified in 
 12.6   clauses (1) to (4).  In conducting a family assessment or 
 12.7   investigation, the local welfare agency shall gather information 
 12.8   on the existence of substance abuse and domestic violence and 
 12.9   offer protective social services for purposes of preventing 
 12.10  further abuses future child maltreatment, safeguarding and 
 12.11  enhancing the welfare of the abused or neglected minor, 
 12.12  and supporting and preserving family life whenever possible.  If 
 12.13  the report alleges a violation of a criminal statute involving 
 12.14  sexual abuse, physical abuse, or neglect or endangerment, under 
 12.15  section 609.378, the local law enforcement agency and local 
 12.16  welfare agency shall coordinate the planning and execution of 
 12.17  their respective investigation and assessment efforts to avoid a 
 12.18  duplication of fact-finding efforts and multiple interviews.  
 12.19  Each agency shall prepare a separate report of the results of 
 12.20  its investigation.  In cases of alleged child maltreatment 
 12.21  resulting in death, the local agency may rely on the 
 12.22  fact-finding efforts of a law enforcement investigation to make 
 12.23  a determination of whether or not maltreatment occurred.  When 
 12.24  necessary the local welfare agency shall seek authority to 
 12.25  remove the child from the custody of a parent, guardian, or 
 12.26  adult with whom the child is living.  In performing any of these 
 12.27  duties, the local welfare agency shall maintain appropriate 
 12.28  records.  
 12.29     If the family assessment or investigation indicates there 
 12.30  is a potential for abuse of alcohol or other drugs by the 
 12.31  parent, guardian, or person responsible for the child's care, 
 12.32  the local welfare agency shall conduct a chemical use assessment 
 12.33  pursuant to Minnesota Rules, part 9530.6615.  The local welfare 
 12.34  agency shall report the determination of the chemical use 
 12.35  assessment, and the recommendations and referrals for alcohol 
 12.36  and other drug treatment services to the state authority on 
 13.1   alcohol and drug abuse. 
 13.2      (b) When a local agency receives a report or otherwise has 
 13.3   information indicating that a child who is a client, as defined 
 13.4   in section 245.91, has been the subject of physical abuse, 
 13.5   sexual abuse, or neglect at an agency, facility, or program as 
 13.6   defined in section 245.91, it shall, in addition to its other 
 13.7   duties under this section, immediately inform the ombudsman 
 13.8   established under sections 245.91 to 245.97.  The commissioner 
 13.9   of education shall inform the ombudsman established under 
 13.10  sections 245.91 to 245.97 of reports regarding a child defined 
 13.11  as a client in section 245.91 that maltreatment occurred at a 
 13.12  school as defined in sections 120A.05, subdivisions 9, 11, and 
 13.13  13, and 124D.10. 
 13.14     (c) Authority of the local welfare agency responsible for 
 13.15  assessing or investigating the child abuse or neglect report, 
 13.16  the agency responsible for assessing or investigating the 
 13.17  report, and of the local law enforcement agency for 
 13.18  investigating the alleged abuse or neglect includes, but is not 
 13.19  limited to, authority to interview, without parental consent, 
 13.20  the alleged victim and any other minors who currently reside 
 13.21  with or who have resided with the alleged offender.  The 
 13.22  interview may take place at school or at any facility or other 
 13.23  place where the alleged victim or other minors might be found or 
 13.24  the child may be transported to, and the interview conducted at, 
 13.25  a place appropriate for the interview of a child designated by 
 13.26  the local welfare agency or law enforcement agency.  The 
 13.27  interview may take place outside the presence of the alleged 
 13.28  offender or parent, legal custodian, guardian, or school 
 13.29  official.  For family assessments, it is the preferred practice 
 13.30  to request a parent or guardian's permission to interview the 
 13.31  child prior to conducting the child interview, unless doing so 
 13.32  would compromise the safety assessment.  Except as provided in 
 13.33  this paragraph, the parent, legal custodian, or guardian shall 
 13.34  be notified by the responsible local welfare or law enforcement 
 13.35  agency no later than the conclusion of the investigation or 
 13.36  assessment that this interview has occurred.  Notwithstanding 
 14.1   rule 49.02 of the Minnesota Rules of Procedure for Juvenile 
 14.2   Courts, the juvenile court may, after hearing on an ex parte 
 14.3   motion by the local welfare agency, order that, where reasonable 
 14.4   cause exists, the agency withhold notification of this interview 
 14.5   from the parent, legal custodian, or guardian.  If the interview 
 14.6   took place or is to take place on school property, the order 
 14.7   shall specify that school officials may not disclose to the 
 14.8   parent, legal custodian, or guardian the contents of the 
 14.9   notification of intent to interview the child on school 
 14.10  property, as provided under this paragraph, and any other 
 14.11  related information regarding the interview that may be a part 
 14.12  of the child's school record.  A copy of the order shall be sent 
 14.13  by the local welfare or law enforcement agency to the 
 14.14  appropriate school official. 
 14.15     (d) When the local welfare, local law enforcement agency, 
 14.16  or the agency responsible for assessing or investigating a 
 14.17  report of maltreatment determines that an interview should take 
 14.18  place on school property, written notification of intent to 
 14.19  interview the child on school property must be received by 
 14.20  school officials prior to the interview.  The notification shall 
 14.21  include the name of the child to be interviewed, the purpose of 
 14.22  the interview, and a reference to the statutory authority to 
 14.23  conduct an interview on school property.  For interviews 
 14.24  conducted by the local welfare agency, the notification shall be 
 14.25  signed by the chair of the local social services agency or the 
 14.26  chair's designee.  The notification shall be private data on 
 14.27  individuals subject to the provisions of this paragraph.  School 
 14.28  officials may not disclose to the parent, legal custodian, or 
 14.29  guardian the contents of the notification or any other related 
 14.30  information regarding the interview until notified in writing by 
 14.31  the local welfare or law enforcement agency that the 
 14.32  investigation or assessment has been concluded, unless a school 
 14.33  employee or agent is alleged to have maltreated the child.  
 14.34  Until that time, the local welfare or law enforcement agency or 
 14.35  the agency responsible for assessing or investigating a report 
 14.36  of maltreatment shall be solely responsible for any disclosures 
 15.1   regarding the nature of the assessment or investigation.  
 15.2      Except where the alleged offender is believed to be a 
 15.3   school official or employee, the time and place, and manner of 
 15.4   the interview on school premises shall be within the discretion 
 15.5   of school officials, but the local welfare or law enforcement 
 15.6   agency shall have the exclusive authority to determine who may 
 15.7   attend the interview.  The conditions as to time, place, and 
 15.8   manner of the interview set by the school officials shall be 
 15.9   reasonable and the interview shall be conducted not more than 24 
 15.10  hours after the receipt of the notification unless another time 
 15.11  is considered necessary by agreement between the school 
 15.12  officials and the local welfare or law enforcement agency.  
 15.13  Where the school fails to comply with the provisions of this 
 15.14  paragraph, the juvenile court may order the school to comply.  
 15.15  Every effort must be made to reduce the disruption of the 
 15.16  educational program of the child, other students, or school 
 15.17  staff when an interview is conducted on school premises.  
 15.18     (e) Where the alleged offender or a person responsible for 
 15.19  the care of the alleged victim or other minor prevents access to 
 15.20  the victim or other minor by the local welfare agency, the 
 15.21  juvenile court may order the parents, legal custodian, or 
 15.22  guardian to produce the alleged victim or other minor for 
 15.23  questioning by the local welfare agency or the local law 
 15.24  enforcement agency outside the presence of the alleged offender 
 15.25  or any person responsible for the child's care at reasonable 
 15.26  places and times as specified by court order.  
 15.27     (f) Before making an order under paragraph (e), the court 
 15.28  shall issue an order to show cause, either upon its own motion 
 15.29  or upon a verified petition, specifying the basis for the 
 15.30  requested interviews and fixing the time and place of the 
 15.31  hearing.  The order to show cause shall be served personally and 
 15.32  shall be heard in the same manner as provided in other cases in 
 15.33  the juvenile court.  The court shall consider the need for 
 15.34  appointment of a guardian ad litem to protect the best interests 
 15.35  of the child.  If appointed, the guardian ad litem shall be 
 15.36  present at the hearing on the order to show cause.  
 16.1      (g) The commissioner of human services, the ombudsman for 
 16.2   mental health and mental retardation, the local welfare agencies 
 16.3   responsible for investigating reports, the commissioner of 
 16.4   education, and the local law enforcement agencies have the right 
 16.5   to enter facilities as defined in subdivision 2 and to inspect 
 16.6   and copy the facility's records, including medical records, as 
 16.7   part of the investigation.  Notwithstanding the provisions of 
 16.8   chapter 13, they also have the right to inform the facility 
 16.9   under investigation that they are conducting an investigation, 
 16.10  to disclose to the facility the names of the individuals under 
 16.11  investigation for abusing or neglecting a child, and to provide 
 16.12  the facility with a copy of the report and the investigative 
 16.13  findings. 
 16.14     (h) The local welfare agency or the agency responsible for 
 16.15  assessing or conducting a family assessment shall collect 
 16.16  available and relevant information to determine child safety, 
 16.17  risk of subsequent child maltreatment, and family strengths and 
 16.18  needs.  The local welfare agency or the agency responsible for 
 16.19  investigating the report shall collect available and relevant 
 16.20  information to ascertain whether maltreatment occurred and 
 16.21  whether protective services are needed.  Information collected 
 16.22  includes, when relevant, information with regard to the person 
 16.23  reporting the alleged maltreatment, including the nature of the 
 16.24  reporter's relationship to the child and to the alleged 
 16.25  offender, and the basis of the reporter's knowledge for the 
 16.26  report; the child allegedly being maltreated; the alleged 
 16.27  offender; the child's caretaker; and other collateral sources 
 16.28  having relevant information related to the alleged 
 16.29  maltreatment.  The local welfare agency or the agency 
 16.30  responsible for assessing or investigating the report may make a 
 16.31  determination of no maltreatment early in an assessment, and 
 16.32  close the case and retain immunity, if the collected information 
 16.33  shows no basis for a full assessment or investigation. 
 16.34     Information relevant to the assessment or investigation 
 16.35  must be asked for, and may include: 
 16.36     (1) the child's sex and age, prior reports of maltreatment, 
 17.1   information relating to developmental functioning, credibility 
 17.2   of the child's statement, and whether the information provided 
 17.3   under this clause is consistent with other information collected 
 17.4   during the course of the assessment or investigation; 
 17.5      (2) the alleged offender's age, a record check for prior 
 17.6   reports of maltreatment, and criminal charges and convictions.  
 17.7   The local welfare agency or the agency responsible for assessing 
 17.8   or investigating the report must provide the alleged offender 
 17.9   with an opportunity to make a statement.  The alleged offender 
 17.10  may submit supporting documentation relevant to the assessment 
 17.11  or investigation; 
 17.12     (3) collateral source information regarding the alleged 
 17.13  maltreatment and care of the child.  Collateral information 
 17.14  includes, when relevant:  (i) a medical examination of the 
 17.15  child; (ii) prior medical records relating to the alleged 
 17.16  maltreatment or the care of the child maintained by any 
 17.17  facility, clinic, or health care professional and an interview 
 17.18  with the treating professionals; and (iii) interviews with the 
 17.19  child's caretakers, including the child's parent, guardian, 
 17.20  foster parent, child care provider, teachers, counselors, family 
 17.21  members, relatives, and other persons who may have knowledge 
 17.22  regarding the alleged maltreatment and the care of the child; 
 17.23  and 
 17.24     (4) information on the existence of domestic abuse and 
 17.25  violence in the home of the child, and substance abuse. 
 17.26     Nothing in this paragraph precludes the local welfare 
 17.27  agency, the local law enforcement agency, or the agency 
 17.28  responsible for assessing or investigating the report from 
 17.29  collecting other relevant information necessary to conduct the 
 17.30  assessment or investigation.  Notwithstanding section 13.384 or 
 17.31  144.335, the local welfare agency has access to medical data and 
 17.32  records for purposes of clause (3).  Notwithstanding the data's 
 17.33  classification in the possession of any other agency, data 
 17.34  acquired by the local welfare agency or the agency responsible 
 17.35  for assessing or investigating the report during the course of 
 17.36  the assessment or investigation are private data on individuals 
 18.1   and must be maintained in accordance with subdivision 11.  Data 
 18.2   of the commissioner of education collected or maintained during 
 18.3   and for the purpose of an investigation of alleged maltreatment 
 18.4   in a school are governed by this section, notwithstanding the 
 18.5   data's classification as educational, licensing, or personnel 
 18.6   data under chapter 13. 
 18.7      In conducting an assessment or investigation involving a 
 18.8   school facility as defined in subdivision 2, paragraph (f) (i), 
 18.9   the commissioner of education shall collect investigative 
 18.10  reports and data that are relevant to a report of maltreatment 
 18.11  and are from local law enforcement and the school facility.  
 18.12     (i) In the initial stages of an assessment or investigation 
 18.13  Upon receipt of a report, the local welfare agency shall conduct 
 18.14  a face-to-face observation of contact with the child reported to 
 18.15  be maltreated and a face-to-face interview of the alleged 
 18.16  offender and with the child's primary caregiver sufficient to 
 18.17  complete a safety assessment and ensure the immediate safety of 
 18.18  the child.  The face-to-face contact with the child and primary 
 18.19  caregiver shall occur immediately if substantial child 
 18.20  endangerment is alleged and within five calendar days for all 
 18.21  other reports.  If the alleged offender was not already 
 18.22  interviewed as the primary caregiver, the local welfare agency 
 18.23  shall also conduct a face-to-face interview with the alleged 
 18.24  offender in the early stages of the assessment or 
 18.25  investigation.  At the initial contact, the local child welfare 
 18.26  agency or the agency responsible for assessing or investigating 
 18.27  the report must inform the alleged offender of the complaints or 
 18.28  allegations made against the individual in a manner consistent 
 18.29  with laws protecting the rights of the person who made the 
 18.30  report.  The interview with the alleged offender may be 
 18.31  postponed if it would jeopardize an active law enforcement 
 18.32  investigation. 
 18.33     (j) When conducting an investigation, the local welfare 
 18.34  agency shall use a question and answer interviewing format with 
 18.35  questioning as nondirective as possible to elicit spontaneous 
 18.36  responses.  For investigations only, the following interviewing 
 19.1   methods and procedures must be used whenever possible when 
 19.2   collecting information: 
 19.3      (1) audio recordings of all interviews with witnesses and 
 19.4   collateral sources; and 
 19.5      (2) in cases of alleged sexual abuse, audio-video 
 19.6   recordings of each interview with the alleged victim and child 
 19.7   witnesses.  
 19.8      (k) In conducting an assessment or investigation involving 
 19.9   a school facility as defined in subdivision 2, 
 19.10  paragraph (f) (i), the commissioner of education shall collect 
 19.11  available and relevant information and use the procedures in 
 19.12  paragraphs (h), (i), (k), and (j) subdivision 3d, except that 
 19.13  the requirement for face-to-face observation of the child and 
 19.14  face-to-face interview of the alleged offender is to occur in 
 19.15  the initial stages of the assessment or investigation provided 
 19.16  that the commissioner may also base the assessment or 
 19.17  investigation on investigative reports and data received from 
 19.18  the school facility and local law enforcement, to the extent 
 19.19  those investigations satisfy the requirements of 
 19.20  paragraphs (h), (i), and (k), and (j) subdivision 3d. 
 19.21     Sec. 6.  Minnesota Statutes 2004, section 626.556, 
 19.22  subdivision 10b, is amended to read: 
 19.23     Subd. 10b.  [DUTIES OF COMMISSIONER; NEGLECT OR ABUSE IN 
 19.24  FACILITY.] (a) This section applies to the commissioners of 
 19.25  human services, health, and education.  The commissioner of the 
 19.26  agency responsible for assessing or investigating the report 
 19.27  shall immediately assess or investigate if the report alleges 
 19.28  that: 
 19.29     (1) a child who is in the care of a facility as defined in 
 19.30  subdivision 2 is neglected, physically abused, sexually abused, 
 19.31  or is the victim of maltreatment in a facility by an individual 
 19.32  in that facility, or has been so neglected or abused, or been 
 19.33  the victim of maltreatment in a facility by an individual in 
 19.34  that facility within the three years preceding the report; or 
 19.35     (2) a child was neglected, physically abused, sexually 
 19.36  abused, or is the victim of maltreatment in a facility by an 
 20.1   individual in a facility defined in subdivision 2, while in the 
 20.2   care of that facility within the three years preceding the 
 20.3   report.  
 20.4      The commissioner of the agency responsible for assessing or 
 20.5   investigating the report shall arrange for the transmittal to 
 20.6   the commissioner of reports received by local agencies and may 
 20.7   delegate to a local welfare agency the duty to investigate 
 20.8   reports.  In conducting an investigation under this section, the 
 20.9   commissioner has the powers and duties specified for local 
 20.10  welfare agencies under this section.  The commissioner of the 
 20.11  agency responsible for assessing or investigating the report or 
 20.12  local welfare agency may interview any children who are or have 
 20.13  been in the care of a facility under investigation and their 
 20.14  parents, guardians, or legal custodians. 
 20.15     (b) Prior to any interview, the commissioner of the agency 
 20.16  responsible for assessing or investigating the report or local 
 20.17  welfare agency shall notify the parent, guardian, or legal 
 20.18  custodian of a child who will be interviewed in the manner 
 20.19  provided for in subdivision 10d, paragraph (a).  If reasonable 
 20.20  efforts to reach the parent, guardian, or legal custodian of a 
 20.21  child in an out-of-home placement have failed, the child may be 
 20.22  interviewed if there is reason to believe the interview is 
 20.23  necessary to protect the child or other children in the 
 20.24  facility.  The commissioner of the agency responsible for 
 20.25  assessing or investigating the report or local agency must 
 20.26  provide the information required in this subdivision to the 
 20.27  parent, guardian, or legal custodian of a child interviewed 
 20.28  without parental notification as soon as possible after the 
 20.29  interview.  When the investigation is completed, any parent, 
 20.30  guardian, or legal custodian notified under this subdivision 
 20.31  shall receive the written memorandum provided for in subdivision 
 20.32  10d, paragraph (c). 
 20.33     (c) In conducting investigations under this subdivision the 
 20.34  commissioner or local welfare agency shall obtain access to 
 20.35  information consistent with subdivision 10, paragraphs (h), (i), 
 20.36  and (j).  In conducting assessments or investigations under this 
 21.1   subdivision, the commissioner of education shall obtain access 
 21.2   to reports and investigative data that are relevant to a report 
 21.3   of maltreatment and are in the possession of a school facility 
 21.4   as defined in subdivision 2, paragraph (f) (i), notwithstanding 
 21.5   the classification of the data as educational or personnel data 
 21.6   under chapter 13.  This includes, but is not limited to, school 
 21.7   investigative reports, information concerning the conduct of 
 21.8   school personnel alleged to have committed maltreatment of 
 21.9   students, information about witnesses, and any protective or 
 21.10  corrective action taken by the school facility regarding the 
 21.11  school personnel alleged to have committed maltreatment. 
 21.12     (d) The commissioner may request assistance from the local 
 21.13  social services agency. 
 21.14     Sec. 7.  Minnesota Statutes 2004, section 626.556, 
 21.15  subdivision 10e, is amended to read: 
 21.16     Subd. 10e.  [DETERMINATIONS.] Upon the conclusion of every 
 21.17  assessment or investigation it conducts, (a) The local welfare 
 21.18  agency shall conclude the family assessment or the investigation 
 21.19  within 45 days of the receipt of a report.  The conclusion of 
 21.20  the assessment or investigation may be extended to permit the 
 21.21  completion of a criminal investigation or the receipt of expert 
 21.22  information requested within 45 days of the receipt of the 
 21.23  report.  
 21.24     (b) After conducting a family assessment, the local welfare 
 21.25  agency shall determine whether services are needed to address 
 21.26  the safety of the child and other family members and the risk of 
 21.27  subsequent maltreatment. 
 21.28     (c) After conducting an investigation, the local welfare 
 21.29  agency shall make two determinations:  first, whether 
 21.30  maltreatment has occurred; and second, whether child protective 
 21.31  services are needed.  Upon the conclusion of 
 21.32     (d) If the commissioner of education conducts an assessment 
 21.33  or investigation by the commissioner of education, the 
 21.34  commissioner shall determine whether maltreatment occurred and 
 21.35  what corrective or protective action was taken by the school 
 21.36  facility.  If a determination is made that maltreatment has 
 22.1   occurred, the commissioner shall report to the employer, the 
 22.2   school board, and any appropriate licensing entity the 
 22.3   determination that maltreatment occurred and what corrective or 
 22.4   protective action was taken by the school facility.  In all 
 22.5   other cases, the commissioner shall inform the school board or 
 22.6   employer that a report was received, the subject of the report, 
 22.7   the date of the initial report, the category of maltreatment 
 22.8   alleged as defined in paragraph (a) (f), the fact that 
 22.9   maltreatment was not determined, and a summary of the specific 
 22.10  reasons for the determination. 
 22.11     (e) When maltreatment is determined in an investigation 
 22.12  involving a facility, the investigating agency shall also 
 22.13  determine whether the facility or individual was responsible, or 
 22.14  whether both the facility and the individual were responsible 
 22.15  for the maltreatment using the mitigating factors in paragraph 
 22.16  (d) (i).  Determinations under this subdivision must be made 
 22.17  based on a preponderance of the evidence and are private data on 
 22.18  individuals or nonpublic data as maintained by the commissioner 
 22.19  of education.  
 22.20     (a) (f) For the purposes of this subdivision, "maltreatment"
 22.21  means any of the following acts or omissions: 
 22.22     (1) physical abuse as defined in subdivision 2, paragraph 
 22.23  (d) (g); 
 22.24     (2) neglect as defined in subdivision 2, paragraph (c) (f); 
 22.25     (3) sexual abuse as defined in subdivision 2, paragraph 
 22.26  (a) (d); 
 22.27     (4) mental injury as defined in subdivision 2, paragraph 
 22.28  (k) (m); or 
 22.29     (5) maltreatment of a child in a facility as defined in 
 22.30  subdivision 2, paragraph (f) (i). 
 22.31     (b) (g) For the purposes of this subdivision, a 
 22.32  determination that child protective services are needed means 
 22.33  that the local welfare agency has documented conditions during 
 22.34  the assessment or investigation sufficient to cause a child 
 22.35  protection worker, as defined in section 626.559, subdivision 1, 
 22.36  to conclude that a child is at significant risk of maltreatment 
 23.1   if protective intervention is not provided and that the 
 23.2   individuals responsible for the child's care have not taken or 
 23.3   are not likely to take actions to protect the child from 
 23.4   maltreatment or risk of maltreatment. 
 23.5      (c) (h) This subdivision does not mean that maltreatment 
 23.6   has occurred solely because the child's parent, guardian, or 
 23.7   other person responsible for the child's care in good faith 
 23.8   selects and depends upon spiritual means or prayer for treatment 
 23.9   or care of disease or remedial care of the child, in lieu of 
 23.10  medical care.  However, if lack of medical care may result in 
 23.11  serious danger to the child's health, the local welfare agency 
 23.12  may ensure that necessary medical services are provided to the 
 23.13  child. 
 23.14     (d) (i) When determining whether the facility or individual 
 23.15  is the responsible party for determined maltreatment in a 
 23.16  facility, the investigating agency shall consider at least the 
 23.17  following mitigating factors: 
 23.18     (1) whether the actions of the facility or the individual 
 23.19  caregivers were according to, and followed the terms of, an 
 23.20  erroneous physician order, prescription, individual care plan, 
 23.21  or directive; however, this is not a mitigating factor when the 
 23.22  facility or caregiver was responsible for the issuance of the 
 23.23  erroneous order, prescription, individual care plan, or 
 23.24  directive or knew or should have known of the errors and took no 
 23.25  reasonable measures to correct the defect before administering 
 23.26  care; 
 23.27     (2) comparative responsibility between the facility, other 
 23.28  caregivers, and requirements placed upon an employee, including 
 23.29  the facility's compliance with related regulatory standards and 
 23.30  the adequacy of facility policies and procedures, facility 
 23.31  training, an individual's participation in the training, the 
 23.32  caregiver's supervision, and facility staffing levels and the 
 23.33  scope of the individual employee's authority and discretion; and 
 23.34     (3) whether the facility or individual followed 
 23.35  professional standards in exercising professional judgment. 
 23.36     (j) Individual counties may implement more detailed 
 24.1   definitions or criteria that indicate which allegations to 
 24.2   investigate, as long as a county's policies are consistent with 
 24.3   the definitions in the statutes and rules and are approved by 
 24.4   the county board.  Each local welfare agency shall periodically 
 24.5   inform mandated reporters under subdivision 3 who work in the 
 24.6   county of the definitions of maltreatment in the statutes and 
 24.7   rules and any additional definitions or criteria that have been 
 24.8   approved by the county board. 
 24.9      Sec. 8.  Minnesota Statutes 2004, section 626.556, 
 24.10  subdivision 10f, is amended to read: 
 24.11     Subd. 10f.  [NOTICE OF DETERMINATIONS.] Within ten working 
 24.12  days of the conclusion of a family assessment, the local welfare 
 24.13  agency shall notify the parent or guardian of the child of the 
 24.14  need for services to address child safety concerns or 
 24.15  significant risk of subsequent child maltreatment.  The local 
 24.16  welfare agency and the family may also jointly agree that family 
 24.17  support and family preservation services are needed.  Within ten 
 24.18  working days of the conclusion of an assessment investigation, 
 24.19  the local welfare agency or agency responsible for assessing or 
 24.20  investigating the report shall notify the parent or guardian of 
 24.21  the child, the person determined to be maltreating the child, 
 24.22  and if applicable, the director of the facility, of the 
 24.23  determination and a summary of the specific reasons for the 
 24.24  determination.  The notice must also include a certification 
 24.25  that the information collection procedures under subdivision 10, 
 24.26  paragraphs (h), (i), and (j), were followed and a notice of the 
 24.27  right of a data subject to obtain access to other private data 
 24.28  on the subject collected, created, or maintained under this 
 24.29  section.  In addition, the notice shall include the length of 
 24.30  time that the records will be kept under subdivision 11c.  The 
 24.31  investigating agency shall notify the parent or guardian of the 
 24.32  child who is the subject of the report, and any person or 
 24.33  facility determined to have maltreated a child, of their appeal 
 24.34  or review rights under this section or section 256.022. 
 24.35     Sec. 9.  Minnesota Statutes 2004, section 626.556, 
 24.36  subdivision 10i, is amended to read: 
 25.1      Subd. 10i.  [ADMINISTRATIVE RECONSIDERATION OF FINAL 
 25.2   DETERMINATION OF MALTREATMENT AND DISQUALIFICATION BASED ON 
 25.3   SERIOUS OR RECURRING MALTREATMENT; REVIEW PANEL.] 
 25.4   (a) Administrative reconsideration is not applicable in family 
 25.5   assessments since no determination concerning maltreatment is 
 25.6   made.  For investigations, except as provided under paragraph 
 25.7   (e), an individual or facility that the commissioner of human 
 25.8   services, a local social service agency, or the commissioner of 
 25.9   education determines has maltreated a child, an interested 
 25.10  person acting on behalf of the child, regardless of the 
 25.11  determination, who contests the investigating agency's final 
 25.12  determination regarding maltreatment, may request the 
 25.13  investigating agency to reconsider its final determination 
 25.14  regarding maltreatment.  The request for reconsideration must be 
 25.15  submitted in writing to the investigating agency within 15 
 25.16  calendar days after receipt of notice of the final determination 
 25.17  regarding maltreatment or, if the request is made by an 
 25.18  interested person who is not entitled to notice, within 15 days 
 25.19  after receipt of the notice by the parent or guardian of the 
 25.20  child.  Effective January 1, 2002, an individual who was 
 25.21  determined to have maltreated a child under this section and who 
 25.22  was disqualified on the basis of serious or recurring 
 25.23  maltreatment under sections 245C.14 and 245C.15, may request 
 25.24  reconsideration of the maltreatment determination and the 
 25.25  disqualification.  The request for reconsideration of the 
 25.26  maltreatment determination and the disqualification must be 
 25.27  submitted within 30 calendar days of the individual's receipt of 
 25.28  the notice of disqualification under sections 245C.16 and 
 25.29  245C.17. 
 25.30     (b) Except as provided under paragraphs (e) and (f), if the 
 25.31  investigating agency denies the request or fails to act upon the 
 25.32  request within 15 calendar days after receiving the request for 
 25.33  reconsideration, the person or facility entitled to a fair 
 25.34  hearing under section 256.045 may submit to the commissioner of 
 25.35  human services or the commissioner of education a written 
 25.36  request for a hearing under that section.  Section 256.045 also 
 26.1   governs hearings requested to contest a final determination of 
 26.2   the commissioner of education.  For reports involving 
 26.3   maltreatment of a child in a facility, an interested person 
 26.4   acting on behalf of the child may request a review by the Child 
 26.5   Maltreatment Review Panel under section 256.022 if the 
 26.6   investigating agency denies the request or fails to act upon the 
 26.7   request or if the interested person contests a reconsidered 
 26.8   determination.  The investigating agency shall notify persons 
 26.9   who request reconsideration of their rights under this 
 26.10  paragraph.  The request must be submitted in writing to the 
 26.11  review panel and a copy sent to the investigating agency within 
 26.12  30 calendar days of receipt of notice of a denial of a request 
 26.13  for reconsideration or of a reconsidered determination.  The 
 26.14  request must specifically identify the aspects of the agency 
 26.15  determination with which the person is dissatisfied. 
 26.16     (c) If, as a result of a reconsideration or review, the 
 26.17  investigating agency changes the final determination of 
 26.18  maltreatment, that agency shall notify the parties specified in 
 26.19  subdivisions 10b, 10d, and 10f. 
 26.20     (d) Except as provided under paragraph (f), if an 
 26.21  individual or facility contests the investigating agency's final 
 26.22  determination regarding maltreatment by requesting a fair 
 26.23  hearing under section 256.045, the commissioner of human 
 26.24  services shall assure that the hearing is conducted and a 
 26.25  decision is reached within 90 days of receipt of the request for 
 26.26  a hearing.  The time for action on the decision may be extended 
 26.27  for as many days as the hearing is postponed or the record is 
 26.28  held open for the benefit of either party. 
 26.29     (e) Effective January 1, 2002, if an individual was 
 26.30  disqualified under sections 245C.14 and 245C.15, on the basis of 
 26.31  a determination of maltreatment, which was serious or recurring, 
 26.32  and the individual has requested reconsideration of the 
 26.33  maltreatment determination under paragraph (a) and requested 
 26.34  reconsideration of the disqualification under sections 245C.21 
 26.35  to 245C.27, reconsideration of the maltreatment determination 
 26.36  and reconsideration of the disqualification shall be 
 27.1   consolidated into a single reconsideration.  If reconsideration 
 27.2   of the maltreatment determination is denied or the 
 27.3   disqualification is not set aside under sections 245C.21 to 
 27.4   245C.27, the individual may request a fair hearing under section 
 27.5   256.045.  If an individual requests a fair hearing on the 
 27.6   maltreatment determination and the disqualification, the scope 
 27.7   of the fair hearing shall include both the maltreatment 
 27.8   determination and the disqualification. 
 27.9      (f) Effective January 1, 2002, if a maltreatment 
 27.10  determination or a disqualification based on serious or 
 27.11  recurring maltreatment is the basis for a denial of a license 
 27.12  under section 245A.05 or a licensing sanction under section 
 27.13  245A.07, the license holder has the right to a contested case 
 27.14  hearing under chapter 14 and Minnesota Rules, parts 1400.8505 to 
 27.15  1400.8612.  As provided for under section 245A.08, subdivision 
 27.16  2a, the scope of the contested case hearing shall include the 
 27.17  maltreatment determination, disqualification, and licensing 
 27.18  sanction or denial of a license.  In such cases, a fair hearing 
 27.19  regarding the maltreatment determination shall not be conducted 
 27.20  under paragraph (b).  If the disqualified subject is an 
 27.21  individual other than the license holder and upon whom a 
 27.22  background study must be conducted under chapter 245C, the 
 27.23  hearings of all parties may be consolidated into a single 
 27.24  contested case hearing upon consent of all parties and the 
 27.25  administrative law judge. 
 27.26     (g) For purposes of this subdivision, "interested person 
 27.27  acting on behalf of the child" means a parent or legal guardian; 
 27.28  stepparent; grandparent; guardian ad litem; adult stepbrother, 
 27.29  stepsister, or sibling; or adult aunt or uncle; unless the 
 27.30  person has been determined to be the perpetrator of the 
 27.31  maltreatment. 
 27.32     Sec. 10.  Minnesota Statutes 2004, section 626.556, is 
 27.33  amended by adding a subdivision to read: 
 27.34     Subd. 10l.  [DOCUMENTATION.] When a case is closed that has 
 27.35  been open for services, the local welfare agency shall document 
 27.36  the outcome of the family assessment or investigation, including 
 28.1   a description of services provided and the removal or reduction 
 28.2   of risk to the child, if it existed. 
 28.3      Sec. 11.  Minnesota Statutes 2004, section 626.556, is 
 28.4   amended by adding a subdivision to read: 
 28.5      Subd. 10m.  [PROVISION OF CHILD PROTECTIVE SERVICES.] The 
 28.6   local welfare agency shall create a written plan, in 
 28.7   collaboration with the family whenever possible, within 30 days 
 28.8   of the determination that protective services are needed or upon 
 28.9   joint agreement of the local welfare agency and the family that 
 28.10  family support and preservation services are needed. 
 28.11     Sec. 12.  Minnesota Statutes 2004, section 626.556, 
 28.12  subdivision 11, is amended to read: 
 28.13     Subd. 11.  [RECORDS.] (a) Except as provided in paragraph 
 28.14  (b) or (d) and subdivisions 10b, 10d, 10g, and 11b, all records 
 28.15  concerning individuals maintained by a local welfare agency or 
 28.16  agency responsible for assessing or investigating the report 
 28.17  under this section, including any written reports filed under 
 28.18  subdivision 7, shall be private data on individuals, except 
 28.19  insofar as copies of reports are required by subdivision 7 to be 
 28.20  sent to the local police department or the county sheriff.  All 
 28.21  records concerning determinations of maltreatment by a facility 
 28.22  are nonpublic data as maintained by the Department of Education, 
 28.23  except insofar as copies of reports are required by subdivision 
 28.24  7 to be sent to the local police department or the county 
 28.25  sheriff.  Reports maintained by any police department or the 
 28.26  county sheriff shall be private data on individuals except the 
 28.27  reports shall be made available to the investigating, 
 28.28  petitioning, or prosecuting authority, including county medical 
 28.29  examiners or county coroners.  Section 13.82, subdivisions 8, 9, 
 28.30  and 14, apply to law enforcement data other than the reports.  
 28.31  The local social services agency or agency responsible for 
 28.32  assessing or investigating the report shall make available to 
 28.33  the investigating, petitioning, or prosecuting authority, 
 28.34  including county medical examiners or county coroners or their 
 28.35  professional delegates, any records which contain information 
 28.36  relating to a specific incident of neglect or abuse which is 
 29.1   under investigation, petition, or prosecution and information 
 29.2   relating to any prior incidents of neglect or abuse involving 
 29.3   any of the same persons.  The records shall be collected and 
 29.4   maintained in accordance with the provisions of chapter 13.  In 
 29.5   conducting investigations and assessments pursuant to this 
 29.6   section, the notice required by section 13.04, subdivision 2, 
 29.7   need not be provided to a minor under the age of ten who is the 
 29.8   alleged victim of abuse or neglect.  An individual subject of a 
 29.9   record shall have access to the record in accordance with those 
 29.10  sections, except that the name of the reporter shall be 
 29.11  confidential while the report is under assessment or 
 29.12  investigation except as otherwise permitted by this 
 29.13  subdivision.  Any person conducting an investigation or 
 29.14  assessment under this section who intentionally discloses the 
 29.15  identity of a reporter prior to the completion of the 
 29.16  investigation or assessment is guilty of a misdemeanor.  After 
 29.17  the assessment or investigation is completed, the name of the 
 29.18  reporter shall be confidential.  The subject of the report may 
 29.19  compel disclosure of the name of the reporter only with the 
 29.20  consent of the reporter or upon a written finding by the court 
 29.21  that the report was false and that there is evidence that the 
 29.22  report was made in bad faith.  This subdivision does not alter 
 29.23  disclosure responsibilities or obligations under the Rules of 
 29.24  Criminal Procedure. 
 29.25     (b) Upon request of the legislative auditor, data on 
 29.26  individuals maintained under this section must be released to 
 29.27  the legislative auditor in order for the auditor to fulfill the 
 29.28  auditor's duties under section 3.971.  The auditor shall 
 29.29  maintain the data in accordance with chapter 13.  
 29.30     (c) The commissioner of education must be provided with all 
 29.31  requested data that are relevant to a report of maltreatment and 
 29.32  are in possession of a school facility as defined in subdivision 
 29.33  2, paragraph (f) (i), when the data is requested pursuant to an 
 29.34  assessment or investigation of a maltreatment report of a 
 29.35  student in a school.  If the commissioner of education makes a 
 29.36  determination of maltreatment involving an individual performing 
 30.1   work within a school facility who is licensed by a board or 
 30.2   other agency, the commissioner shall provide necessary and 
 30.3   relevant information to the licensing entity to enable the 
 30.4   entity to fulfill its statutory duties.  Notwithstanding section 
 30.5   13.03, subdivision 4, data received by a licensing entity under 
 30.6   this paragraph are governed by section 13.41 or other applicable 
 30.7   law governing data of the receiving entity, except that this 
 30.8   section applies to the classification of and access to data on 
 30.9   the reporter of the maltreatment. 
 30.10     (d) The investigating agency shall exchange not public data 
 30.11  with the Child Maltreatment Review Panel under section 256.022 
 30.12  if the data are pertinent and necessary for a review requested 
 30.13  under section 256.022.  Upon completion of the review, the not 
 30.14  public data received by the review panel must be returned to the 
 30.15  investigating agency. 
 30.16     Sec. 13.  Minnesota Statutes 2004, section 626.556, 
 30.17  subdivision 11c, is amended to read: 
 30.18     Subd. 11c.  [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 
 30.19  RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 
 30.20  138.17, records maintained or records derived from reports of 
 30.21  abuse by local welfare agencies, agencies responsible for 
 30.22  assessing or investigating the report, court services agencies, 
 30.23  or schools under this section shall be destroyed as provided in 
 30.24  paragraphs (a) to (d) by the responsible authority. 
 30.25     (a) If upon For family assessment or cases and cases where 
 30.26  an investigation there is results in no determination of 
 30.27  maltreatment or the need for child protective services, 
 30.28  the assessment or investigation records must be maintained for a 
 30.29  period of four years.  Records under this paragraph may not be 
 30.30  used for employment, background checks, or purposes other than 
 30.31  to assist in future risk and safety assessments. 
 30.32     (b) All records relating to reports which, upon assessment 
 30.33  or investigation, indicate either maltreatment or a need for 
 30.34  child protective services shall be maintained for at least ten 
 30.35  years after the date of the final entry in the case record. 
 30.36     (c) All records regarding a report of maltreatment, 
 31.1   including any notification of intent to interview which was 
 31.2   received by a school under subdivision 10, paragraph (d), shall 
 31.3   be destroyed by the school when ordered to do so by the agency 
 31.4   conducting the assessment or investigation.  The agency shall 
 31.5   order the destruction of the notification when other records 
 31.6   relating to the report under investigation or assessment are 
 31.7   destroyed under this subdivision. 
 31.8      (d) Private or confidential data released to a court 
 31.9   services agency under subdivision 10h must be destroyed by the 
 31.10  court services agency when ordered to do so by the local welfare 
 31.11  agency that released the data.  The local welfare agency or 
 31.12  agency responsible for assessing or investigating the report 
 31.13  shall order destruction of the data when other records relating 
 31.14  to the assessment or investigation are destroyed under this 
 31.15  subdivision. 
 31.16     Sec. 14.  [REPEALER.] 
 31.17     (a) Minnesota Statutes 2004, section 626.5551, subdivisions 
 31.18  1, 2, 3, 4, and 5, are repealed. 
 31.19     (b) Minnesota Rules, parts 9560.0220, subpart 6, item B; 
 31.20  and 9560.0230, subpart 2, are repealed. 
 31.21                             ARTICLE 2 
 31.22                     CHILD WELFARE:  PERMANENCY 
 31.23     Section 1.  Minnesota Statutes 2004, section 257.85, 
 31.24  subdivision 2, is amended to read: 
 31.25     Subd. 2.  [SCOPE.] The provisions of this section apply to 
 31.26  those situations in which the legal and physical custody of a 
 31.27  child is established with a relative or important friend with 
 31.28  whom the child has resided or had significant contact according 
 31.29  to section 260C.201, subdivision 11, by a district court order 
 31.30  issued on or after July 1, 1997, or a tribal court order issued 
 31.31  on or after July 1, 2005, when the child has been removed from 
 31.32  the care of the parent by previous district or tribal court 
 31.33  order.  
 31.34     Sec. 2.  Minnesota Statutes 2004, section 257.85, 
 31.35  subdivision 3, is amended to read: 
 31.36     Subd. 3.  [DEFINITIONS.] For purposes of this section, the 
 32.1   terms defined in this subdivision have the meanings given them. 
 32.2      (a) "MFIP standard" means the transitional standard used to 
 32.3   calculate assistance under the MFIP program, or, if permanent 
 32.4   legal and physical custody of the child is given to a relative 
 32.5   custodian residing outside of Minnesota, the analogous 
 32.6   transitional standard or standard of need used to calculate 
 32.7   assistance under the TANF program of the state where the 
 32.8   relative custodian lives. 
 32.9      (b) "Local agency" means the local county social services 
 32.10  agency or tribal social services agency with legal custody of a 
 32.11  child prior to the transfer of permanent legal and physical 
 32.12  custody. 
 32.13     (c) "Permanent legal and physical custody" means permanent 
 32.14  legal and physical custody ordered by a Minnesota Juvenile Court 
 32.15  under section 260C.201, subdivision 27 11. 
 32.16     (d) "Relative" has the meaning given in section 260C.007, 
 32.17  subdivision 27. 
 32.18     (e) "Relative custodian" means a person who has permanent 
 32.19  legal and physical custody of a child.  When siblings, including 
 32.20  half-siblings and stepsiblings, are placed together in permanent 
 32.21  legal and physical custody, the person receiving permanent legal 
 32.22  and physical custody of the siblings is considered a relative 
 32.23  custodian of all of the siblings for purposes of this section. 
 32.24     (f) "Relative custody assistance agreement" means an 
 32.25  agreement entered into between a local agency and a person who 
 32.26  has been or will be awarded permanent legal and physical custody 
 32.27  of a child. 
 32.28     (g) "Relative custody assistance payment" means a monthly 
 32.29  cash grant made to a relative custodian pursuant to a relative 
 32.30  custody assistance agreement and in an amount calculated under 
 32.31  subdivision 7. 
 32.32     (h) "Remains in the physical custody of the relative 
 32.33  custodian" means that the relative custodian is providing 
 32.34  day-to-day care for the child and that the child lives with the 
 32.35  relative custodian; absence from the relative custodian's home 
 32.36  for a period of more than 120 days raises a presumption that the 
 33.1   child no longer remains in the physical custody of the relative 
 33.2   custodian. 
 33.3      Sec. 3.  Minnesota Statutes 2004, section 259.23, 
 33.4   subdivision 1, is amended to read: 
 33.5      Subdivision 1.  [VENUE.] (a) Except as provided in section 
 33.6   260C.101, subdivision 2, the juvenile court shall have original 
 33.7   jurisdiction in all adoption proceedings.  The proper venue for 
 33.8   an adoption proceeding shall be the county of the petitioner's 
 33.9   residence, except as provided in paragraph (b).  However, 
 33.10     (b) Venue for the adoption of a child committed to the 
 33.11  guardianship of the commissioner of human services shall be the 
 33.12  county with jurisdiction in the matter according to section 
 33.13  260C.317, subdivision 3. 
 33.14     (c) Upon request of the petitioner, the court having 
 33.15  jurisdiction over the matter under section 260C.317, subdivision 
 33.16  3, may transfer venue of an adoption proceeding involving a 
 33.17  child under the guardianship of the commissioner to the county 
 33.18  of the petitioner's residence upon determining that: 
 33.19     (1) the commissioner has given consent to the petitioner's 
 33.20  adoption of the child or that consent is unreasonably withheld; 
 33.21     (2) there is no other adoption petition for the child that 
 33.22  has been filed or is reasonably anticipated by the commissioner 
 33.23  or the commissioner's delegate to be filed; and 
 33.24     (3) transfer of venue is in the best interests of the child.
 33.25  Transfer of venue under this paragraph shall be according to the 
 33.26  rules of adoption court procedure. 
 33.27     (d) In all other adoptions, if the petitioner has acquired 
 33.28  a new residence in another county and requests a transfer of the 
 33.29  adoption proceeding, the court in which an adoption is initiated 
 33.30  may transfer the proceeding to the appropriate court in the new 
 33.31  county of residence if the transfer is in the best interests of 
 33.32  the person to be adopted.  The court transfers the proceeding by 
 33.33  ordering a continuance and by forwarding to the court 
 33.34  administrator of the appropriate court a certified copy of all 
 33.35  papers filed, together with an order of transfer.  The 
 33.36  transferring court also shall forward copies of the order of 
 34.1   transfer to the commissioner of human services and any agency 
 34.2   participating in the proceedings.  The judge of the receiving 
 34.3   court shall accept the order of the transfer and any other 
 34.4   documents transmitted and hear the case; provided, however, the 
 34.5   receiving court may in its discretion require the filing of a 
 34.6   new petition prior to the hearing.  
 34.7      Sec. 4.  Minnesota Statutes 2004, section 259.23, 
 34.8   subdivision 2, is amended to read: 
 34.9      Subd. 2.  [CONTENTS OF PETITION.] The petition shall be 
 34.10  signed by the petitioner and, if married, by the spouse.  It 
 34.11  shall be verified, and filed in duplicate.  The petition shall 
 34.12  allege: 
 34.13     (a) The full name, age and place of residence of 
 34.14  petitioner, and if married, the date and place of marriage; 
 34.15     (b) The date petitioner acquired physical custody of the 
 34.16  child and from what person or agency; 
 34.17     (c) The date of birth of the child, if known, and the state 
 34.18  and county where born; 
 34.19     (d) The name of the child's parents, if known, and the 
 34.20  guardian if there be one; 
 34.21     (e) The actual name of the child, if known, and any known 
 34.22  aliases; 
 34.23     (f) The name to be given the child if a change of name is 
 34.24  desired; 
 34.25     (g) The description and value of any real or personal 
 34.26  property owned by the child; 
 34.27     (h) That the petitioner desires that the relationship of 
 34.28  parent and child be established between petitioner and the 
 34.29  child, and that it is to the best interests of the child for the 
 34.30  child to be adopted by the petitioner.  
 34.31     In agency placements, the information required in clauses 
 34.32  (d) and (e) above shall not be required to be alleged in the 
 34.33  petition but shall be transmitted to the court by the 
 34.34  commissioner of human services or the agency.  
 34.35     Sec. 5.  Minnesota Statutes 2004, section 259.41, 
 34.36  subdivision 3, is amended to read: 
 35.1      Subd. 3.  [BACKGROUND CHECK; AFFIDAVIT OF HISTORY.] (a) At 
 35.2   the time an adoption study is commenced, each prospective 
 35.3   adoptive parent must: 
 35.4      (1) authorize access by the agency to any private data 
 35.5   needed to complete the study; 
 35.6      (2) provide all addresses at which the prospective adoptive 
 35.7   parent and anyone in the household over the age of 13 has 
 35.8   resided in the previous ten five years; and 
 35.9      (3) disclose any names used previously other than the name 
 35.10  used at the time of the study; and 
 35.11     (4) provide a set of fingerprints, which shall be forwarded 
 35.12  to the Bureau of Criminal Apprehension to facilitate the 
 35.13  criminal conviction background check required under paragraph 
 35.14  (b). 
 35.15     (b) When the requirements of paragraph (a) have been met, 
 35.16  the agency shall immediately begin a background check, on each 
 35.17  person over the age of 13 living in the home, consisting, at a 
 35.18  minimum, of the following: 
 35.19     (1) a check of criminal conviction data with the Bureau of 
 35.20  Criminal Apprehension and local law enforcement authorities; 
 35.21     (2) a check for data on substantiated maltreatment of a 
 35.22  child or vulnerable adult and domestic violence data with local 
 35.23  law enforcement and social services agencies and district 
 35.24  courts; and 
 35.25     (3) for those persons under the age of 25, a check of 
 35.26  juvenile court records. 
 35.27     Notwithstanding the provisions of section 260B.171 or 
 35.28  260C.171, the Bureau of Criminal Apprehension, local law 
 35.29  enforcement and social services agencies, district courts, and 
 35.30  juvenile courts shall release the requested information to the 
 35.31  agency completing the adoption study. 
 35.32     (c) When paragraph (b) requires checking the data or 
 35.33  records of local law enforcement and social services agencies 
 35.34  and district and juvenile courts, the agency shall check with 
 35.35  the law enforcement and social services agencies and courts 
 35.36  whose jurisdictions cover the addresses under paragraph (a), 
 36.1   clause (2).  In the event that the agency is unable to complete 
 36.2   any of the record checks required by paragraph (b), the agency 
 36.3   shall document the fact and the agency's efforts to obtain the 
 36.4   information. 
 36.5      (d) For a study completed under this section, when the 
 36.6   agency has reasonable cause to believe that further information 
 36.7   may exist on the prospective adoptive parent or household member 
 36.8   over the age of 13 that may relate to the health, safety, or 
 36.9   welfare of the child, the prospective adoptive parent or 
 36.10  household member over the age of 13 shall provide the agency 
 36.11  with a set of classifiable fingerprints obtained from an 
 36.12  authorized law enforcement agency and the agency may obtain 
 36.13  criminal history data from the National Criminal Records 
 36.14  Repository by submitting fingerprints to the Bureau of Criminal 
 36.15  Apprehension.  The agency has reasonable cause when, but not 
 36.16  limited to, the: 
 36.17     (1) information from the Bureau of Criminal Apprehension 
 36.18  indicates that the prospective adoptive parent or household 
 36.19  member over the age of 13 is a multistate offender; 
 36.20     (2) information from the Bureau of Criminal Apprehension 
 36.21  indicates that multistate offender status is undetermined; 
 36.22     (3) the agency has received a report from the prospective 
 36.23  adoptive parent or household member over the age of 13 or a 
 36.24  third party indicating that the prospective adoptive parent or 
 36.25  household member over the age of 13 has a criminal history in a 
 36.26  jurisdiction other than Minnesota; or 
 36.27     (4) the prospective adoptive parent or household member 
 36.28  over the age of 13 is or has been a resident of a state other 
 36.29  than Minnesota in the prior five years. 
 36.30     (c) (e) At any time prior to completion of the background 
 36.31  check required under paragraph (b), a prospective adoptive 
 36.32  parent may submit to the agency conducting the study a sworn 
 36.33  affidavit stating whether they or any person residing in the 
 36.34  household have been convicted of a crime.  The affidavit shall 
 36.35  also state whether the adoptive parent or any other person 
 36.36  residing in the household is the subject of an open 
 37.1   investigation of, or have been the subject of a substantiated 
 37.2   allegation of, child or vulnerable-adult maltreatment within the 
 37.3   past ten years.  A complete description of the crime, open 
 37.4   investigation, or substantiated abuse, and a complete 
 37.5   description of any sentence, treatment, or disposition must be 
 37.6   included.  The affidavit must contain an acknowledgment that if, 
 37.7   at any time before the adoption is final, a court receives 
 37.8   evidence leading to a conclusion that a prospective adoptive 
 37.9   parent knowingly gave false information in the affidavit, it 
 37.10  shall be determined that the adoption of the child by the 
 37.11  prospective adoptive parent is not in the best interests of the 
 37.12  child. 
 37.13     (d) (f) For the purposes of subdivision 1 and section 
 37.14  259.47, subdivisions 3 and 6, an adoption study is complete for 
 37.15  placement, even though the background checks required by 
 37.16  paragraph (b) have not been completed, if each prospective 
 37.17  adoptive parent has completed the affidavit allowed by paragraph 
 37.18  (c) (e) and the other requirements of this section have been met.
 37.19  The background checks required by paragraph (b) must be 
 37.20  completed before an adoption petition is filed.  If an adoption 
 37.21  study has been submitted to the court under section 259.47, 
 37.22  subdivision 3 or 6, before the background checks required by 
 37.23  paragraph (b) were complete, an updated adoption study report 
 37.24  which includes the results of the background check must be filed 
 37.25  with the adoption petition.  In the event that an agency is 
 37.26  unable to complete any of the records checks required by 
 37.27  paragraph (b), the agency shall submit with the petition to 
 37.28  adopt an affidavit documenting the agency's efforts to complete 
 37.29  the checks. 
 37.30     Sec. 6.  Minnesota Statutes 2004, section 259.75, 
 37.31  subdivision 1, is amended to read: 
 37.32     Subdivision 1.  [ESTABLISHMENT; CONTENTS; AVAILABILITY.] 
 37.33  The commissioner of human services shall establish an adoption 
 37.34  exchange, which shall include but not be limited to a book, 
 37.35  updated monthly, that contains a photograph and description of 
 37.36  each child who has been legally freed for adoption.  The 
 38.1   exchange service shall be available to all local social service 
 38.2   agencies and licensed child-placing agencies whose purpose is to 
 38.3   assist in the adoptive placement of children, and the exchange 
 38.4   book shall be distributed to all such agencies. 
 38.5      Sec. 7.  Minnesota Statutes 2004, section 259.79, 
 38.6   subdivision 1, is amended to read: 
 38.7      Subdivision 1.  [CONTENT.] (a) The adoption records of the 
 38.8   commissioner, the commissioner's agents and licensed 
 38.9   child-placing agencies shall contain copies of all relevant 
 38.10  legal documents, responsibly collected genetic, medical and 
 38.11  social history of the child and the child's birth parents, the 
 38.12  child's placement record, copies of all pertinent agreements, 
 38.13  contracts, and correspondence relevant to the adoption, and 
 38.14  copies of all reports and recommendations made to the court.  
 38.15     (b) The commissioner of human services shall maintain a 
 38.16  permanent record of all adoptions granted in district court in 
 38.17  Minnesota regarding children who are:  
 38.18     (1) under guardianship of the commissioner or a licensed 
 38.19  child-placing agency according to section 260C.201, subdivision 
 38.20  11, or 260C.317; 
 38.21     (2) placed by the commissioner, commissioner's agent, or 
 38.22  licensed child-placing agency after a consent to adopt according 
 38.23  to section 259.24 or under an agreement conferring authority to 
 38.24  place for adoption according to section 259.25; or 
 38.25     (3) adopted after a direct adoptive placement approved by 
 38.26  the district court under section 259.47. 
 38.27     Each record shall contain identifying information about the 
 38.28  child, the birth or legal parents, and adoptive parents.  The 
 38.29  record must also contain:  (1) the date the child was legally 
 38.30  freed for adoption; (2) the date of the adoptive placement; (3) 
 38.31  the name of the placing agency; (4) the county where the 
 38.32  adoptive placement occurred; (5) the date that the petition to 
 38.33  adopt was filed; (6) the county where the petition to adopt was 
 38.34  filed; and (7) the date and county where the adoption decree was 
 38.35  granted. 
 38.36     (c) Identifying information contained in the adoption 
 39.1   record shall be confidential and shall be disclosed only 
 39.2   pursuant to section 259.61.  
 39.3      Sec. 8.  Minnesota Statutes 2004, section 259.85, 
 39.4   subdivision 1, is amended to read: 
 39.5      Subdivision 1.  [PURPOSE.] The commissioner of human 
 39.6   services shall establish and supervise a postadoption service 
 39.7   grants program to be administered by local social service 
 39.8   agencies for the purpose of preserving and strengthening 
 39.9   adoptive families.  The program will provide financial 
 39.10  assistance to adoptive parents who are not receiving adoption 
 39.11  assistance under section 259.67 to meet the special needs of an 
 39.12  adopted child that cannot be met by other resources available to 
 39.13  the family.  
 39.14     Sec. 9.  Minnesota Statutes 2004, section 260.012, is 
 39.15  amended to read: 
 39.16     260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 
 39.17  REUNIFICATION; REASONABLE EFFORTS.] 
 39.18     (a) Once a child alleged to be in need of protection or 
 39.19  services is under the court's jurisdiction, the court shall 
 39.20  ensure that reasonable efforts including culturally appropriate 
 39.21  services by the social services agency are made to prevent 
 39.22  placement or and to finalize a permanent plan for the child, as 
 39.23  appropriate.  "Reasonable efforts to finalize the permanent plan 
 39.24  for the child" include the agency's efforts to eliminate the 
 39.25  need for removal and to reunite the child with the child's 
 39.26  family at the earliest possible time, consistent with the best 
 39.27  interests, safety, and protection of the child or to place the 
 39.28  child with a family that will be the legally permanent home for 
 39.29  the child in the event the child cannot be reunited with the 
 39.30  parent or guardian from whom the child was removed.  In 
 39.31  determining reasonable efforts to be made with respect to a 
 39.32  child and in making those reasonable efforts, the child's best 
 39.33  interests, health, and safety must be of paramount concern.  
 39.34  Reasonable efforts to prevent placement or for rehabilitation 
 39.35  and reunification are not required upon a determination by the 
 39.36  court that: 
 40.1      (1) a termination of parental rights petition has been 
 40.2   filed stating a prima facie case that: 
 40.3      (i) (1) the parent has subjected a child to egregious harm 
 40.4   as defined in section 260C.007, subdivision 14; 
 40.5      (ii) (2) the parental rights of the parent to another child 
 40.6   have been terminated involuntarily; 
 40.7      (iii) (3) the child is an abandoned infant under section 
 40.8   260C.301, subdivision 2, paragraph (a), clause (2); or 
 40.9      (iv) (4) the parent's custodial rights to another child 
 40.10  have been involuntarily transferred to a relative under section 
 40.11  260C.201, subdivision 11, paragraph (e), clause (1), or a 
 40.12  similar law of another jurisdiction; or 
 40.13     (2) the county attorney has filed a determination not to 
 40.14  proceed with a termination of parental rights petition on these 
 40.15  grounds was made under section 260C.301, subdivision 3, 
 40.16  paragraph (b), and a permanency hearing is held within 30 days 
 40.17  of the determination; or 
 40.18     (3) a termination of parental rights petition or other 
 40.19  petition according to section 260C.201, subdivision 11, has been 
 40.20  filed alleging a prima facie case that 
 40.21     (5) the provision of services or further services for the 
 40.22  purpose of reunification is futile and therefore unreasonable 
 40.23  under the circumstances. 
 40.24     (b) When the court makes one of the prima facie 
 40.25  determinations under paragraph (a), either permanency pleadings 
 40.26  under section 260C.201, subdivision 11, or a termination of 
 40.27  parental rights petition under sections 260C.141 and 260C.301 
 40.28  must be filed.  A permanency hearing under section 260C.201, 
 40.29  subdivision 11, must be held within 30 days of this 
 40.30  determination. 
 40.31     (c) In the case of an Indian child, in proceedings under 
 40.32  sections 260B.178 or 260C.178, 260C.201, and 260C.301 the 
 40.33  juvenile court must make findings and conclusions consistent 
 40.34  with the Indian Child Welfare Act of 1978, United States Code, 
 40.35  title 25, section 1901 et seq., as to the provision of active 
 40.36  efforts.  If a child is under the court's delinquency 
 41.1   jurisdiction, it shall be the duty of the court to ensure that 
 41.2   reasonable efforts are made to reunite the child with the 
 41.3   child's family at the earliest possible time, consistent with 
 41.4   the best interests of the child and the safety of the public. 
 41.5      (b) (d) "Reasonable efforts to prevent placement" means: 
 41.6      (1) the agency has made reasonable efforts to prevent the 
 41.7   placement of the child; or 
 41.8      (2) given the particular circumstances of the child and 
 41.9   family at the time of the child's removal, there are no services 
 41.10  or efforts available which could allow the child to safely 
 41.11  remain in the home. 
 41.12     (e) As appropriate under the particular circumstances and 
 41.13  stage of the case, "reasonable efforts to finalize a permanent 
 41.14  plan for the child" means reasonable efforts by the responsible 
 41.15  social services agency to: 
 41.16     (1) reunify the child with the parent or guardian from whom 
 41.17  the child was removed; 
 41.18     (2) assess a noncustodial parent's ability to provide 
 41.19  day-to-day care for the child and, where appropriate, provide 
 41.20  services necessary to enable the noncustodial parent to safely 
 41.21  provide the care; and 
 41.22     (3) finalize a safe and legally permanent home for the 
 41.23  child, preferably through adoption or transfer of permanent 
 41.24  legal and physical custody of the child, when the child cannot 
 41.25  return to the parent or guardian from whom the child was removed.
 41.26     (f) Reasonable efforts are made upon the exercise of due 
 41.27  diligence by the responsible social services agency to use 
 41.28  appropriate and available services to meet the needs of the 
 41.29  child and the child's family in order to prevent removal of the 
 41.30  child from the child's family; or upon removal, services to 
 41.31  eliminate the need for removal and reunite the family.  (1) 
 41.32  Services may include those provided by the responsible social 
 41.33  services agency and other appropriate services available in the 
 41.34  community.  (2) At each stage of the proceedings where the court 
 41.35  is required to review the appropriateness of the responsible 
 41.36  social services agency's reasonable efforts, the social services 
 42.1   agency has the burden of demonstrating that: 
 42.2      (1) it has made reasonable efforts, or that provision of 
 42.3   services or further services for the purpose of rehabilitation 
 42.4   and reunification is futile and therefore unreasonable under the 
 42.5   circumstances or that reasonable efforts aimed at reunification 
 42.6   are not required under this section to prevent placement; 
 42.7      (2) it has made reasonable efforts to finalize the 
 42.8   permanent plan for the child; or 
 42.9      (3) reasonable efforts to prevent placement and to reunify 
 42.10  the child with the parent or guardian are not required.  The 
 42.11  agency may meet this burden by stating facts in a sworn petition 
 42.12  filed under section 260C.141, or by filing an affidavit 
 42.13  summarizing the agency's reasonable efforts or facts the agency 
 42.14  believes demonstrate there is no need for reasonable efforts to 
 42.15  reunify the parent and child, or through testimony or a 
 42.16  certified report required under juvenile court rules. 
 42.17     (3) No (g) Once the court determines that reasonable 
 42.18  efforts for reunification are not required when the court makes 
 42.19  a determination because the court has made one of the prima 
 42.20  facie determinations under paragraph (a) unless, the court may 
 42.21  only require reasonable efforts for reunification after a 
 42.22  hearing according to section 260C.163, where the court finds 
 42.23  there is not clear and convincing evidence of the facts upon 
 42.24  which the court based its prima facie determination.  In this 
 42.25  case, the court may proceed under section 260C.312.  
 42.26  Reunification of a surviving child with a parent is not required 
 42.27  if the parent has been convicted of: 
 42.28     (i) (1) a violation of, or an attempt or conspiracy to 
 42.29  commit a violation of, sections 609.185 to 609.20; 609.222, 
 42.30  subdivision 2; or 609.223 in regard to another child of the 
 42.31  parent; 
 42.32     (ii) (2) a violation of section 609.222, subdivision 2; or 
 42.33  609.223, in regard to the surviving child; or 
 42.34     (iii) (3) a violation of, or an attempt or conspiracy to 
 42.35  commit a violation of, United States Code, title 18, section 
 42.36  1111(a) or 1112(a), in regard to another child of the parent. 
 43.1      (c) (h) The juvenile court, in proceedings under sections 
 43.2   260B.178 or 260C.178, 260C.201, and 260C.301 shall make findings 
 43.3   and conclusions as to the provision of reasonable efforts.  When 
 43.4   determining whether reasonable efforts have been made, the court 
 43.5   shall consider whether services to the child and family were: 
 43.6      (1) relevant to the safety and protection of the child; 
 43.7      (2) adequate to meet the needs of the child and family; 
 43.8      (3) culturally appropriate; 
 43.9      (4) available and accessible; 
 43.10     (5) consistent and timely; and 
 43.11     (6) realistic under the circumstances. 
 43.12     In the alternative, the court may determine that provision 
 43.13  of services or further services for the purpose of 
 43.14  rehabilitation is futile and therefore unreasonable under the 
 43.15  circumstances or that reasonable efforts are not required as 
 43.16  provided in paragraph (a). 
 43.17     (d) (i) This section does not prevent out-of-home placement 
 43.18  for treatment of a child with a mental disability when the 
 43.19  child's diagnostic assessment or individual treatment plan 
 43.20  indicates that appropriate and necessary treatment cannot be 
 43.21  effectively provided outside of a residential or inpatient 
 43.22  treatment program. 
 43.23     (e) (j) If continuation of reasonable efforts described in 
 43.24  paragraph (b) to prevent placement or reunify the child with the 
 43.25  parent or guardian from whom the child was removed is determined 
 43.26  by the court to be inconsistent with the permanent plan for the 
 43.27  child, or upon a determination or the court making one of the 
 43.28  prima facie determinations under paragraph (a), reasonable 
 43.29  efforts must be made to place the child in a timely manner in 
 43.30  accordance with the permanent plan ordered by the court a safe 
 43.31  and permanent home and to complete whatever steps are necessary 
 43.32  to legally finalize the permanent plan for placement of the 
 43.33  child.  
 43.34     (f) (k) Reasonable efforts to place a child for adoption or 
 43.35  in another permanent placement may be made concurrently with 
 43.36  reasonable efforts as described in paragraphs (a) and (b) to 
 44.1   prevent placement or to reunify the child with the parent or 
 44.2   guardian from whom the child was removed.  When the responsible 
 44.3   social services agency decides to concurrently make reasonable 
 44.4   efforts for both reunification and permanent placement away from 
 44.5   the parent under paragraphs paragraph (a) and (b), the agency 
 44.6   shall disclose its decision and both plans for concurrent 
 44.7   reasonable efforts to all parties and the court.  When the 
 44.8   agency discloses its decision to proceed on both plans for 
 44.9   reunification and permanent placement away from the parent, the 
 44.10  court's review of the agency's reasonable efforts shall include 
 44.11  the agency's efforts under paragraphs (a) and (b) both plans. 
 44.12     Sec. 10.  Minnesota Statutes 2004, section 260C.001, 
 44.13  subdivision 3, is amended to read: 
 44.14     Subd. 3.  [PERMANENCY AND TERMINATION OF PARENTAL RIGHTS.] 
 44.15  The purpose of the laws relating to permanency and termination 
 44.16  of parental rights is to ensure that: 
 44.17     (1) when required and appropriate, reasonable efforts have 
 44.18  been made by the social services agency to reunite the child 
 44.19  with the child's parents in a home that is safe and permanent; 
 44.20  and 
 44.21     (2) if placement with the parents is not reasonably 
 44.22  foreseeable, to secure for the child a safe and permanent 
 44.23  placement, preferably with adoptive parents or a fit and willing 
 44.24  relative through transfer of permanent legal and physical 
 44.25  custody to that relative. 
 44.26     Nothing in this section requires reasonable efforts to 
 44.27  prevent placement or to reunify the child with the parent or 
 44.28  guardian to be made in circumstances where the court has 
 44.29  determined that the child has been subjected to egregious 
 44.30  harm or, when the child is an abandoned infant, the parent has 
 44.31  involuntarily lost custody of another child through a proceeding 
 44.32  under section 260C.201, subdivision 11, or similar law of 
 44.33  another state, the parental rights of the parent to a sibling 
 44.34  have been involuntarily terminated, or the court has determined 
 44.35  that reasonable efforts or further reasonable efforts to reunify 
 44.36  the child with the parent or guardian would be futile. 
 45.1      The paramount consideration in all proceedings for 
 45.2   permanent placement of the child under section 260C.201, 
 45.3   subdivision 11, or the termination of parental rights is the 
 45.4   best interests of the child.  In proceedings involving an 
 45.5   American Indian child, as defined in section 260.755, 
 45.6   subdivision 8, the best interests of the child must be 
 45.7   determined consistent with the Indian Child Welfare Act of 1978, 
 45.8   United States Code, title 25, section 1901, et seq. 
 45.9      Sec. 11.  Minnesota Statutes 2004, section 260C.007, 
 45.10  subdivision 8, is amended to read: 
 45.11     Subd. 8.  [COMPELLING REASONS.] "Compelling reasons" means 
 45.12  an individualized determination by the responsible social 
 45.13  services agency, which is approved by the court, related to a 
 45.14  request by the agency not to initiate proceedings to terminate 
 45.15  parental rights or transfer permanent legal and physical custody 
 45.16  of a child to the child's relative or former noncustodial parent 
 45.17  under section 260C.301, subdivision 3. 
 45.18     Sec. 12.  Minnesota Statutes 2004, section 260C.151, 
 45.19  subdivision 6, is amended to read: 
 45.20     Subd. 6.  [IMMEDIATE CUSTODY.] If the court makes 
 45.21  individualized, explicit findings, based on the notarized 
 45.22  petition or sworn affidavit, that there are reasonable grounds 
 45.23  to believe the child is in surroundings or conditions which 
 45.24  endanger the child's health, safety, or welfare that require 
 45.25  that responsibility for the child's care and custody be 
 45.26  immediately assumed by the court responsible social services 
 45.27  agency and that continuation of the child in the custody of the 
 45.28  parent or guardian is contrary to the child's welfare, the court 
 45.29  may order that the officer serving the summons take the child 
 45.30  into immediate custody for placement of the child in foster 
 45.31  care.  In ordering that responsibility for the care, custody, 
 45.32  and control of the child be assumed by the responsible social 
 45.33  services agency, the court is ordering emergency protective care 
 45.34  as that term is defined in the juvenile court rules. 
 45.35     Sec. 13.  Minnesota Statutes 2004, section 260C.178, is 
 45.36  amended to read: 
 46.1      260C.178 [DETENTION EMERGENCY REMOVAL HEARING.] 
 46.2      Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
 46.3   a child was taken into custody under section 260C.175, 
 46.4   subdivision 1, clause (a) or (b)(2), the court shall hold a 
 46.5   hearing within 72 hours of the time the child was taken into 
 46.6   custody, excluding Saturdays, Sundays, and holidays, to 
 46.7   determine whether the child should continue in custody.  
 46.8      (b) Unless there is reason to believe that the child would 
 46.9   endanger self or others, not return for a court hearing, run 
 46.10  away from the child's parent, guardian, or custodian or 
 46.11  otherwise not remain in the care or control of the person to 
 46.12  whose lawful custody the child is released, or that the child's 
 46.13  health or welfare would be immediately endangered, the child 
 46.14  shall be released to the custody of a parent, guardian, 
 46.15  custodian, or other suitable person, subject to reasonable 
 46.16  conditions of release including, but not limited to, a 
 46.17  requirement that the child undergo a chemical use assessment as 
 46.18  provided in section 260C.157, subdivision 1.  If the court 
 46.19  determines there is reason to believe that the child would 
 46.20  endanger self or others; not return for a court hearing; run 
 46.21  away from the child's parent, guardian, or custodian or 
 46.22  otherwise not remain in the care or control of the person to 
 46.23  whose lawful custody the child is released; or that the child's 
 46.24  health or welfare would be immediately endangered, the court 
 46.25  shall order the child into foster care under the responsibility 
 46.26  of the responsible social services agency or responsible 
 46.27  probation or corrections agency for the purposes of protective 
 46.28  care as that term is used in the juvenile court rules.  In 
 46.29  determining whether the child's health or welfare would be 
 46.30  immediately endangered, the court shall consider whether the 
 46.31  child would reside with a perpetrator of domestic child abuse.  
 46.32     (c) The court, before determining whether a child should be 
 46.33  placed in or continue in custody foster care under the 
 46.34  protective care of the responsible agency, shall also make a 
 46.35  determination, consistent with section 260.012 as to whether 
 46.36  reasonable efforts, or were made to prevent placement or whether 
 47.1   reasonable efforts to prevent placement are not required.  In 
 47.2   the case of an Indian child, the court shall determine whether 
 47.3   active efforts, according to the Indian Child Welfare Act of 
 47.4   1978, United States Code, title 25, section 1912(d), were made 
 47.5   to prevent placement.  The court shall also determine whether 
 47.6   there are available services that would prevent the need for 
 47.7   further detention.  In the alternative, enter a finding that the 
 47.8   responsible social services agency has made reasonable efforts 
 47.9   to prevent placement when the agency establishes either: 
 47.10     (1) that it has actually provided services or made efforts 
 47.11  in an attempt to prevent the child's removal but that such 
 47.12  services or efforts have not proven sufficient to permit the 
 47.13  child to safely remain in the home; or 
 47.14     (2) that there are no services or other efforts that could 
 47.15  be made at the time of the hearing that could safely permit the 
 47.16  child to remain home or to return home.  When reasonable efforts 
 47.17  to prevent placement are required and there are services or 
 47.18  other efforts that could be ordered which would permit the child 
 47.19  to safely return home, the court shall order the child returned 
 47.20  to the care of the parent or guardian and the services or 
 47.21  efforts put in place to ensure the child's safety.  When the 
 47.22  court makes a prima facie determination that one of the 
 47.23  circumstances under paragraph (e) exists, the court shall 
 47.24  determine that reasonable efforts to prevent placement and to 
 47.25  return the child to the care of the parent or guardian are not 
 47.26  required if the court makes a prima facie determination that one 
 47.27  of the circumstances under paragraph (e) exists. 
 47.28     If the court finds the social services agency's preventive 
 47.29  or reunification efforts have not been reasonable but further 
 47.30  preventive or reunification efforts could not permit the child 
 47.31  to safely remain at home, the court may nevertheless authorize 
 47.32  or continue the removal of the child. 
 47.33     (d) The court may not order or continue the foster care 
 47.34  placement of the child unless the court makes explicit, 
 47.35  individualized findings that continued custody of the child by 
 47.36  the parent or guardian would be contrary to the welfare of the 
 48.1   child. 
 48.2      (e) At the detention emergency removal hearing, or at any 
 48.3   time during the course of the proceeding, and upon notice and 
 48.4   request of the county attorney, the court shall make the 
 48.5   following determinations: 
 48.6      (1) determine whether a termination of parental rights 
 48.7   petition has been filed stating a prima facie case that: 
 48.8      (i) (1) the parent has subjected a child to egregious harm 
 48.9   as defined in section 260C.007, subdivision 14; 
 48.10     (ii) (2) the parental rights of the parent to another child 
 48.11  have been involuntarily terminated; or 
 48.12     (iii) (3) the child is an abandoned infant under section 
 48.13  260C.301, subdivision 2, paragraph (a), clause (2); 
 48.14     (2) that (4) the parents' custodial rights to another child 
 48.15  have been involuntarily transferred to a relative under section 
 48.16  260C.201, subdivision 11, paragraph (e), clause (1), or a 
 48.17  similar law of another jurisdiction; or 
 48.18     (5) the provision of services or further services for the 
 48.19  purpose of reunification is futile and therefore unreasonable. 
 48.20     (f) When a petition to terminate parental rights is 
 48.21  required under section 260C.301, subdivision 3 or 4, but the 
 48.22  county attorney has determined not to proceed with a termination 
 48.23  of parental rights petition under section 260C.307; or 
 48.24     (3) whether a termination of parental rights petition or 
 48.25  other petition according to section 260C.201, subdivision 11, 
 48.26  has been filed alleging a prima facie case that the provision of 
 48.27  services or further services for the purpose of rehabilitation 
 48.28  and reunification is futile and therefore unreasonable under the 
 48.29  circumstances. 
 48.30     If the court determines that the county attorney is not 
 48.31  proceeding with a termination of parental rights petition under 
 48.32  section 260C.307, but is proceeding with a petition under 
 48.33  section 260C.201, subdivision 11, the court shall schedule a 
 48.34  permanency hearing within 30 days., and has instead filed a 
 48.35  petition to transfer permanent legal and physical custody to a 
 48.36  relative under section 260C.201, subdivision 11, the court shall 
 49.1   schedule a permanency hearing within 30 days of the filing of 
 49.2   the petition. 
 49.3      (g) If the county attorney has filed a petition under 
 49.4   section 260C.307, the court shall schedule a trial under section 
 49.5   260C.163 within 90 days of the filing of the petition except 
 49.6   when the county attorney determines that the criminal case shall 
 49.7   proceed to trial first under section 260C.201, subdivision 3. 
 49.8      (f) (h) If the court determines the child should be ordered 
 49.9   into out-of-home placement foster care and the child's parent 
 49.10  refuses to give information to the responsible social services 
 49.11  agency regarding the child's father or relatives of the child, 
 49.12  the court may order the parent to disclose the names, addresses, 
 49.13  telephone numbers, and other identifying information to the 
 49.14  responsible social services agency for the purpose of complying 
 49.15  with the requirements of sections 260C.151, 260C.212, and 
 49.16  260C.215. 
 49.17     (g) (i) If a child ordered into out-of-home placement 
 49.18  foster care has siblings, whether full, half, or step, who are 
 49.19  also ordered into placement foster care, the court shall inquire 
 49.20  of the responsible social services agency of the efforts to 
 49.21  place the children together as required by section 260C.212, 
 49.22  subdivision 2, paragraph (d), if placement together is in each 
 49.23  child's best interests, unless a child is in placement due 
 49.24  solely to the child's own behavior or a child is placed with a 
 49.25  previously noncustodial parent who is not parent to all 
 49.26  siblings.  If the children are not placed together at the time 
 49.27  of the hearing, the court shall inquire at each subsequent 
 49.28  hearing of the agency's efforts to place the siblings together.  
 49.29  If any sibling is not placed with another sibling or siblings, 
 49.30  the agency must develop a plan for visitation among the siblings 
 49.31  as required under section 260C.212, subdivision 1. 
 49.32     Subd. 2.  [DURATION.] If the court determines that the 
 49.33  child should continue in detention, it may order detention 
 49.34  continued for eight days, excluding Saturdays, Sundays and 
 49.35  holidays, from and including the date of the order.  The court 
 49.36  shall include in its order the reasons for continued detention 
 50.1   and the findings of fact which support these reasons.  
 50.2      Subd. 3.  [PARENTAL VISITATION.] If a child has been taken 
 50.3   into custody under section 260C.151, subdivision 5, or 260C.175, 
 50.4   subdivision 1, clause (b)(2), and the court determines that the 
 50.5   child should continue in detention foster care, the court shall 
 50.6   include in its order reasonable rules for supervised or 
 50.7   unsupervised parental visitation of the child in the shelter 
 50.8   foster care facility unless it finds that visitation would 
 50.9   endanger the child's physical or emotional well-being.  
 50.10     Subd. 4.  [MENTAL HEALTH TREATMENT.] (a) Except as provided 
 50.11  in paragraph (b), a child who is held ordered placed in 
 50.12  detention foster care as an alleged victim of child abuse as 
 50.13  defined in section 630.36, subdivision 2, may not be given 
 50.14  mental health treatment specifically for the effects of the 
 50.15  alleged abuse until the court finds that there is probable cause 
 50.16  a prima facie basis to believe the abuse has occurred. 
 50.17     (b) A child described in paragraph (a) may be given mental 
 50.18  health treatment prior to a probable cause prima facie finding 
 50.19  of child abuse if the treatment is either agreed to by the 
 50.20  child's parent or guardian in writing, or ordered by the court 
 50.21  according to the standard contained in section 260C.201, 
 50.22  subdivision 1.  
 50.23     Subd. 5.  [COPIES OF ORDER.] Copies of the court's order 
 50.24  shall be served upon the parties, including the supervisor of 
 50.25  the detention placement facility, who which shall release the 
 50.26  child or continue to hold the child as the court orders. 
 50.27     When the court's order is served upon these parties, notice 
 50.28  shall also be given to the parties of the subsequent reviews 
 50.29  provided by subdivision 6.  The notice shall also inform each 
 50.30  party of the right to submit to the court for informal review 
 50.31  any new evidence regarding whether the child should be continued 
 50.32  in detention and to request a hearing to present the evidence to 
 50.33  the court.  
 50.34     Subd. 6.  [REVIEW.] If a child held in detention under a 
 50.35  court order issued under subdivision 2 has not been released 
 50.36  prior to expiration of the order, the court or referee shall 
 51.1   informally review the child's case file to determine, under the 
 51.2   standards provided by subdivision 1, whether detention should be 
 51.3   continued.  If detention is continued thereafter, informal 
 51.4   reviews such as these shall be held within every eight days, 
 51.5   excluding Saturdays, Sundays, and holidays, of the child's 
 51.6   detention. When a child is placed in foster care, the child's 
 51.7   placement shall be periodically reviewed as required under the 
 51.8   juvenile court rules including notice to the parties required to 
 51.9   be served with a copy of the order under subdivision 4. 
 51.10     A hearing, rather than an informal review of the child's 
 51.11  case file, shall be held at the request of any one of the 
 51.12  parties notified pursuant to subdivision 5, if that party 
 51.13  notifies the court of a wish to present to the court new 
 51.14  evidence concerning whether the child should be continued in 
 51.15  detention or notifies the court of a wish to present an 
 51.16  alternate placement arrangement to provide for the safety and 
 51.17  protection of the child. 
 51.18     In addition, if a child was taken into detention custody 
 51.19  under section 260C.151, subdivision 5, or 260C.175, subdivision 
 51.20  1, clause (c)(2), and is held placed in detention foster care or 
 51.21  placed in another facility under a court order issued under 
 51.22  subdivision 2, the court shall schedule and hold an adjudicatory 
 51.23  hearing on the petition within 60 days of the detention 
 51.24  emergency removal hearing upon the request of any party to the 
 51.25  proceeding.  However, if good cause is shown by a party to the 
 51.26  proceeding why the hearing should not be held within that time 
 51.27  period, the hearing shall be held within 90 days, unless the 
 51.28  parties agree otherwise and the court so orders.  
 51.29     Subd. 7.  [OUT-OF-HOME PLACEMENT PLAN.] (a) An out-of-home 
 51.30  placement plan required under section 260C.212 shall be filed 
 51.31  with the court within 30 days of the filing of a petition 
 51.32  alleging the child to be in need of protection or services under 
 51.33  section 260C.141, subdivision 1, or filed with the petition if 
 51.34  the petition is a review of a voluntary placement under section 
 51.35  260C.141, subdivision 2. 
 51.36     (b) Upon the filing of the out-of-home placement plan which 
 52.1   has been developed jointly with the parent and in consultation 
 52.2   with others as required under section 260C.212, subdivision 1, 
 52.3   the court may approve implementation of the plan by the 
 52.4   responsible social services agency based on the allegations 
 52.5   contained in the petition.  The court shall send written notice 
 52.6   of the approval of the out-of-home placement plan to all parties 
 52.7   and the county attorney or may state such approval on the record 
 52.8   at a hearing.  A parent may agree to comply with the terms of 
 52.9   the plan filed with the court. 
 52.10     (c) Upon notice and motion by a parent who agrees to comply 
 52.11  with the terms of an out-of-home placement plan, the court may 
 52.12  modify the plan and order the responsible social services agency 
 52.13  to provide other or additional services for reunification, if 
 52.14  reunification efforts are required, and the court determines the 
 52.15  agency's plan inadequate under section 260.012.  If, after 
 52.16  reasonable attempts by the responsible social services agency to 
 52.17  engage a parent in case planning, the parent refuses to 
 52.18  cooperate in the development of the out-of-home placement plan 
 52.19  or disagrees with the services recommended by the responsible 
 52.20  social service agency, the agency shall note such refusal or 
 52.21  disagreement for the court in the out-of-home placement plan 
 52.22  filed with the court.  The agency shall notify the court of the 
 52.23  services it will provide or efforts it will attempt under the 
 52.24  plan notwithstanding the parent's refusal to cooperate or 
 52.25  disagreement with the services, and the court may approve the 
 52.26  plan based on the content of the petition.  
 52.27     (d) Unless the parent agrees to comply with the terms of 
 52.28  the out-of-home placement plan, the court may not order a parent 
 52.29  to comply with the provisions of the plan until the court makes 
 52.30  a determination finds the child is in need of protection or 
 52.31  services and orders disposition under section 260C.201, 
 52.32  subdivision 1.  However, the court may find that the responsible 
 52.33  social services agency has made reasonable efforts for 
 52.34  reunification if the agency makes efforts to implement the terms 
 52.35  of an out-of-home placement plan approved under this section. 
 52.36     Sec. 14.  Minnesota Statutes 2004, section 260C.201, 
 53.1   subdivision 1, is amended to read: 
 53.2      Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 53.3   the child is in need of protection or services or neglected and 
 53.4   in foster care, it shall enter an order making any of the 
 53.5   following dispositions of the case: 
 53.6      (1) place the child under the protective supervision of the 
 53.7   responsible social services agency or child-placing agency in 
 53.8   the home of a parent of the child under conditions prescribed by 
 53.9   the court directed to the correction of the child's need for 
 53.10  protection or services: 
 53.11     (i) the court may order the child into the home of a parent 
 53.12  who does not otherwise have legal custody of the child, however, 
 53.13  an order under this section does not confer legal custody on 
 53.14  that parent; 
 53.15     (ii) if the court orders the child into the home of a 
 53.16  father who is not adjudicated, he must cooperate with paternity 
 53.17  establishment proceedings regarding the child in the appropriate 
 53.18  jurisdiction as one of the conditions prescribed by the court 
 53.19  for the child to continue in his home; and 
 53.20     (iii) the court may order the child into the home of a 
 53.21  noncustodial parent with conditions and may also order both the 
 53.22  noncustodial and the custodial parent to comply with the 
 53.23  requirements of a case plan under subdivision 2; or 
 53.24     (2) transfer legal custody to one of the following: 
 53.25     (i) a child-placing agency; or 
 53.26     (ii) the responsible social services agency.  In placing 
 53.27  making a foster care placement for a child whose custody has 
 53.28  been transferred under this paragraph subdivision, the agencies 
 53.29  agency shall make an individualized determination of how the 
 53.30  placement is in the child's best interests using the 
 53.31  consideration for relatives and the best interest factors in 
 53.32  section 260C.212, subdivision 2, paragraph (b); or 
 53.33     (3) order a trial home visit without modifying the transfer 
 53.34  of legal custody to the responsible social services agency under 
 53.35  clause (2).  Trial home visit means the child is returned to the 
 53.36  care of the parent or guardian from whom the child was removed 
 54.1   for a period not to exceed six months.  During the period of the 
 54.2   trial home visit, the responsible social services agency: 
 54.3      (i) shall continue to have legal custody of the child, 
 54.4   which means the agency may see the child in the parent's home, 
 54.5   at school, in a child care facility, or other setting as the 
 54.6   agency deems necessary and appropriate; 
 54.7      (ii) shall continue to have the ability to access 
 54.8   information under section 260C.208; 
 54.9      (iii) shall continue to provide appropriate services to 
 54.10  both the parent and the child during the period of the trial 
 54.11  home visit; 
 54.12     (iv) without previous court order or authorization, may 
 54.13  terminate the trial home visit and remove the child to foster 
 54.14  care; 
 54.15     (v) shall advise the court and parties within three days of 
 54.16  the termination of the trial home visit when a visit is 
 54.17  terminated by the responsible social services agency without a 
 54.18  court order; and 
 54.19     (vi) shall prepare a report for the court when the trial 
 54.20  home visit is terminated whether by the agency or court order 
 54.21  which describes the child's circumstances during the trial home 
 54.22  visit and recommends appropriate orders, if any, for the court 
 54.23  to enter to provide for the child's safety and stability.  In 
 54.24  the event a trial home visit is terminated by the agency by 
 54.25  removing the child to foster care without prior court order or 
 54.26  authorization, the court shall conduct a hearing within ten days 
 54.27  of receiving notice of the termination of the trial home visit 
 54.28  by the agency and shall order disposition under this subdivision 
 54.29  or conduct a permanency hearing under subdivision 11 or 11a.  
 54.30  The time period for the hearing may be extended by the court for 
 54.31  good cause shown and if it is in the best interests of the child 
 54.32  as long as the total time the child spends in foster care 
 54.33  without a permanency hearing does not exceed 12 months. 
 54.34     (4) If the child has been adjudicated as a child in need of 
 54.35  protection or services because the child is in need of special 
 54.36  services or care to treat or ameliorate a physical or mental 
 55.1   disability, the court may order the child's parent, guardian, or 
 55.2   custodian to provide it.  The court may order the child's health 
 55.3   plan company to provide mental health services to the child.  
 55.4   Section 62Q.535 applies to an order for mental health services 
 55.5   directed to the child's health plan company.  If the health 
 55.6   plan, parent, guardian, or custodian fails or is unable to 
 55.7   provide this treatment or care, the court may order it 
 55.8   provided.  Absent specific written findings by the court that 
 55.9   the child's disability is the result of abuse or neglect by the 
 55.10  child's parent or guardian, the court shall not transfer legal 
 55.11  custody of the child for the purpose of obtaining special 
 55.12  treatment or care solely because the parent is unable to provide 
 55.13  the treatment or care.  If the court's order for mental health 
 55.14  treatment is based on a diagnosis made by a treatment 
 55.15  professional, the court may order that the diagnosing 
 55.16  professional not provide the treatment to the child if it finds 
 55.17  that such an order is in the child's best interests; or 
 55.18     (4) (5) If the court believes that the child has sufficient 
 55.19  maturity and judgment and that it is in the best interests of 
 55.20  the child, the court may order a child 16 years old or older to 
 55.21  be allowed to live independently, either alone or with others as 
 55.22  approved by the court under supervision the court considers 
 55.23  appropriate, if the county board, after consultation with the 
 55.24  court, has specifically authorized this dispositional 
 55.25  alternative for a child. 
 55.26     (b) If the child was adjudicated in need of protection or 
 55.27  services because the child is a runaway or habitual truant, the 
 55.28  court may order any of the following dispositions in addition to 
 55.29  or as alternatives to the dispositions authorized under 
 55.30  paragraph (a): 
 55.31     (1) counsel the child or the child's parents, guardian, or 
 55.32  custodian; 
 55.33     (2) place the child under the supervision of a probation 
 55.34  officer or other suitable person in the child's own home under 
 55.35  conditions prescribed by the court, including reasonable rules 
 55.36  for the child's conduct and the conduct of the parents, 
 56.1   guardian, or custodian, designed for the physical, mental, and 
 56.2   moral well-being and behavior of the child; or with the consent 
 56.3   of the commissioner of corrections, place the child in a group 
 56.4   foster care facility which is under the commissioner's 
 56.5   management and supervision; 
 56.6      (3) subject to the court's supervision, transfer legal 
 56.7   custody of the child to one of the following: 
 56.8      (i) a reputable person of good moral character.  No person 
 56.9   may receive custody of two or more unrelated children unless 
 56.10  licensed to operate a residential program under sections 245A.01 
 56.11  to 245A.16; or 
 56.12     (ii) a county probation officer for placement in a group 
 56.13  foster home established under the direction of the juvenile 
 56.14  court and licensed pursuant to section 241.021; 
 56.15     (4) require the child to pay a fine of up to $100.  The 
 56.16  court shall order payment of the fine in a manner that will not 
 56.17  impose undue financial hardship upon the child; 
 56.18     (5) require the child to participate in a community service 
 56.19  project; 
 56.20     (6) order the child to undergo a chemical dependency 
 56.21  evaluation and, if warranted by the evaluation, order 
 56.22  participation by the child in a drug awareness program or an 
 56.23  inpatient or outpatient chemical dependency treatment program; 
 56.24     (7) if the court believes that it is in the best interests 
 56.25  of the child and of public safety that the child's driver's 
 56.26  license or instruction permit be canceled, the court may order 
 56.27  the commissioner of public safety to cancel the child's license 
 56.28  or permit for any period up to the child's 18th birthday.  If 
 56.29  the child does not have a driver's license or permit, the court 
 56.30  may order a denial of driving privileges for any period up to 
 56.31  the child's 18th birthday.  The court shall forward an order 
 56.32  issued under this clause to the commissioner, who shall cancel 
 56.33  the license or permit or deny driving privileges without a 
 56.34  hearing for the period specified by the court.  At any time 
 56.35  before the expiration of the period of cancellation or denial, 
 56.36  the court may, for good cause, order the commissioner of public 
 57.1   safety to allow the child to apply for a license or permit, and 
 57.2   the commissioner shall so authorize; 
 57.3      (8) order that the child's parent or legal guardian deliver 
 57.4   the child to school at the beginning of each school day for a 
 57.5   period of time specified by the court; or 
 57.6      (9) require the child to perform any other activities or 
 57.7   participate in any other treatment programs deemed appropriate 
 57.8   by the court.  
 57.9      To the extent practicable, the court shall enter a 
 57.10  disposition order the same day it makes a finding that a child 
 57.11  is in need of protection or services or neglected and in foster 
 57.12  care, but in no event more than 15 days after the finding unless 
 57.13  the court finds that the best interests of the child will be 
 57.14  served by granting a delay.  If the child was under eight years 
 57.15  of age at the time the petition was filed, the disposition order 
 57.16  must be entered within ten days of the finding and the court may 
 57.17  not grant a delay unless good cause is shown and the court finds 
 57.18  the best interests of the child will be served by the delay. 
 57.19     (c) If a child who is 14 years of age or older is 
 57.20  adjudicated in need of protection or services because the child 
 57.21  is a habitual truant and truancy procedures involving the child 
 57.22  were previously dealt with by a school attendance review board 
 57.23  or county attorney mediation program under section 260A.06 or 
 57.24  260A.07, the court shall order a cancellation or denial of 
 57.25  driving privileges under paragraph (b), clause (7), for any 
 57.26  period up to the child's 18th birthday. 
 57.27     (d) In the case of a child adjudicated in need of 
 57.28  protection or services because the child has committed domestic 
 57.29  abuse and been ordered excluded from the child's parent's home, 
 57.30  the court shall dismiss jurisdiction if the court, at any time, 
 57.31  finds the parent is able or willing to provide an alternative 
 57.32  safe living arrangement for the child, as defined in Laws 1997, 
 57.33  chapter 239, article 10, section 2.  
 57.34     (e) When a parent has complied with a case plan ordered 
 57.35  under subdivision 6 and the child is in the care of the parent, 
 57.36  the court may order the responsible social services agency to 
 58.1   monitor the parent's continued ability to maintain the child 
 58.2   safely in the home under such terms and conditions as the court 
 58.3   determines appropriate under the circumstances. 
 58.4      Sec. 15.  Minnesota Statutes 2004, section 260C.201, 
 58.5   subdivision 10, is amended to read: 
 58.6      Subd. 10.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS FOSTER 
 58.7   CARE.] (a) If the court places orders a child placed in a 
 58.8   residential facility, as defined in section 260C.212, 
 58.9   subdivision 1 foster care, the court shall review the 
 58.10  out-of-home placement at least every 90 days as required in 
 58.11  juvenile court rules to determine whether continued out-of-home 
 58.12  placement is necessary and appropriate or whether the child 
 58.13  should be returned home.  This review is not required if the 
 58.14  court has returned the child home, ordered the child permanently 
 58.15  placed away from the parent under subdivision 11, or terminated 
 58.16  rights under section 260C.301.  Court review for a child 
 58.17  permanently placed away from a parent, including where the child 
 58.18  is under guardianship and legal custody of the commissioner, 
 58.19  shall be governed by subdivision 11 or section 260C.317, 
 58.20  subdivision 3, whichever is applicable. 
 58.21     (b) No later than six months after the child's out-of-home 
 58.22  placement in foster care, the court shall review agency efforts 
 58.23  pursuant to section 260C.212, subdivision 2, and order that the 
 58.24  efforts continue if the agency has failed to perform the duties 
 58.25  under that section.  
 58.26     (c) The court shall review the out-of-home placement plan 
 58.27  and may modify the plan as provided under subdivisions 6 and 7.  
 58.28     (d) When the court orders out-of-home placement transfer of 
 58.29  custody to a responsible social services agency resulting in 
 58.30  foster care or protective supervision with a noncustodial parent 
 58.31  under subdivision 1, the court shall notify the parents of the 
 58.32  provisions of subdivisions 11 and 11a as required under juvenile 
 58.33  court rules. 
 58.34     Sec. 16.  Minnesota Statutes 2004, section 260C.201, 
 58.35  subdivision 11, is amended to read: 
 58.36     Subd. 11.  [REVIEW OF COURT-ORDERED PLACEMENTS; PERMANENT 
 59.1   PLACEMENT DETERMINATION.] (a) This subdivision and subdivision 
 59.2   11a do not apply in cases where the child is in placement due 
 59.3   solely to the child's developmental disability or emotional 
 59.4   disturbance, where legal custody has not been transferred to the 
 59.5   responsible social services agency, and where the court finds 
 59.6   compelling reasons under section 260C.007, subdivision 8, to 
 59.7   continue the child in foster care past the time periods 
 59.8   specified in this subdivision.  Foster care placements of 
 59.9   children due solely to their disability are governed by section 
 59.10  260C.141, subdivision 2b.  In all other cases where the child is 
 59.11  in foster care or in the care of a noncustodial parent under 
 59.12  subdivision 1, the court shall conduct a hearing commence 
 59.13  proceedings to determine the permanent status of a child not 
 59.14  later than 12 months after the child is placed in foster care or 
 59.15  in the care of a noncustodial parent.  At the admit-deny hearing 
 59.16  commencing such proceedings, the court shall determine whether 
 59.17  there is a prima facie basis for finding that the agency made 
 59.18  reasonable efforts, or in the case of an Indian child active 
 59.19  efforts, required under section 260.012 and proceed according to 
 59.20  the rules of juvenile court. 
 59.21     For purposes of this subdivision, the date of the child's 
 59.22  placement in foster care is the earlier of the first 
 59.23  court-ordered placement or 60 days after the date on which the 
 59.24  child has been voluntarily placed in foster care by the child's 
 59.25  parent or guardian.  For purposes of this subdivision, time 
 59.26  spent by a child under the protective supervision of the 
 59.27  responsible social services agency in the home of a noncustodial 
 59.28  parent pursuant to an order under subdivision 1 counts towards 
 59.29  the requirement of a permanency hearing under this subdivision 
 59.30  or subdivision 11a.  Time spent on a trial home visit does not 
 59.31  count towards the requirement of a permanency hearing under this 
 59.32  subdivision or subdivision 11a. 
 59.33     For purposes of this subdivision, 12 months is calculated 
 59.34  as follows: 
 59.35     (1) during the pendency of a petition alleging that a child 
 59.36  is in need of protection or services, all time periods when a 
 60.1   child is placed in foster care or in the home of a noncustodial 
 60.2   parent are cumulated; 
 60.3      (2) if a child has been placed in foster care within the 
 60.4   previous five years under one or more previous petitions, the 
 60.5   lengths of all prior time periods when the child was placed in 
 60.6   foster care within the previous five years are cumulated.  If a 
 60.7   child under this clause has been in foster care for 12 months or 
 60.8   more, the court, if it is in the best interests of the child and 
 60.9   for compelling reasons, may extend the total time the child may 
 60.10  continue out of the home under the current petition up to an 
 60.11  additional six months before making a permanency determination.  
 60.12     (b) Unless the responsible social services agency 
 60.13  recommends return of the child to the custodial parent or 
 60.14  parents, not later than 30 days prior to this the admit-deny 
 60.15  hearing required under paragraph (a) and the rules of juvenile 
 60.16  court, the responsible social services agency shall file 
 60.17  pleadings in juvenile court to establish the basis for the 
 60.18  juvenile court to order permanent placement of the child, 
 60.19  including a termination of parental rights petition, according 
 60.20  to paragraph (d).  Notice of the hearing and copies of the 
 60.21  pleadings must be provided pursuant to section 260C.152.  If a 
 60.22  termination of parental rights petition is filed before the date 
 60.23  required for the permanency planning determination and there is 
 60.24  a trial under section 260C.163 scheduled on that petition within 
 60.25  90 days of the filing of the petition, no hearing need be 
 60.26  conducted under this subdivision.  
 60.27     (c) The permanency proceedings shall be conducted in a 
 60.28  timely fashion including that any trial required under section 
 60.29  260C.163 shall be commenced within 60 days of the admit-deny 
 60.30  hearing required under paragraph (a).  At the conclusion of the 
 60.31  hearing permanency proceedings, the court shall: 
 60.32     (1) order the child returned to the care of the parent or 
 60.33  guardian from whom the child was removed; or 
 60.34     (2) order a permanent placement or termination of parental 
 60.35  rights if permanent placement or termination of parental rights 
 60.36  is in the child's best interests.  The "best interests of the 
 61.1   child" means all relevant factors to be considered and 
 61.2   evaluated.  Transfer of permanent legal and physical custody, 
 61.3   termination of parental rights, or guardianship and legal 
 61.4   custody to the commissioner through a consent to adopt are 
 61.5   preferred permanency options for a child who cannot return home. 
 61.6      (d) If the child is not returned to the home, the court 
 61.7   must order one of the following dispositions: 
 61.8      (1) permanent legal and physical custody to a relative in 
 61.9   the best interests of the child according to the following 
 61.10  conditions: 
 61.11     (i) an order for transfer of permanent legal and physical 
 61.12  custody to a relative shall only be made after the court has 
 61.13  reviewed the suitability of the prospective legal and physical 
 61.14  custodian; 
 61.15     (ii) in transferring permanent legal and physical custody 
 61.16  to a relative, the juvenile court shall follow the standards 
 61.17  applicable under this chapter and chapter 260, and the 
 61.18  procedures set out in the juvenile court rules; 
 61.19     (iii) an order establishing permanent legal and physical 
 61.20  custody under this subdivision must be filed with the family 
 61.21  court; 
 61.22     (iv) a transfer of legal and physical custody includes 
 61.23  responsibility for the protection, education, care, and control 
 61.24  of the child and decision making on behalf of the child; 
 61.25     (v) the social services agency may bring a petition or 
 61.26  motion naming a fit and willing relative as a proposed permanent 
 61.27  legal and physical custodian.  The commissioner of human 
 61.28  services shall annually prepare for counties information that 
 61.29  must be given to proposed custodians about their legal rights 
 61.30  and obligations as custodians together with information on 
 61.31  financial and medical benefits for which the child is eligible; 
 61.32  and 
 61.33     (vi) the juvenile court may maintain jurisdiction over the 
 61.34  responsible social services agency, the parents or guardian of 
 61.35  the child, the child, and the permanent legal and physical 
 61.36  custodian for purposes of ensuring appropriate services are 
 62.1   delivered to the child and permanent legal custodian or for the 
 62.2   purpose of ensuring conditions ordered by the court related to 
 62.3   the care and custody of the child are met; 
 62.4      (2) termination of parental rights when the requirements of 
 62.5   sections 260C.301 to 260C.328 are met or according to the 
 62.6   following conditions: 
 62.7      (i) unless order the social services agency has already 
 62.8   filed to file a petition for termination of parental 
 62.9   rights under section 260C.307, the court may order such a 
 62.10  petition filed and in which case all the requirements of 
 62.11  sections 260C.301 to 260C.328 remain applicable; and 
 62.12     (ii) an adoption completed subsequent to a determination 
 62.13  under this subdivision may include an agreement for 
 62.14  communication or contact under section 259.58; 
 62.15     (3) long-term foster care according to the following 
 62.16  conditions: 
 62.17     (i) the court may order a child into long-term foster care 
 62.18  only if it finds approves the responsible social service 
 62.19  agency's compelling reasons that neither an award of permanent 
 62.20  legal and physical custody to a relative, nor termination of 
 62.21  parental rights is in the child's best interests; and 
 62.22     (ii) further, the court may only order long-term foster 
 62.23  care for the child under this section if it finds the following: 
 62.24     (A) the child has reached age 12 and reasonable efforts by 
 62.25  the responsible social services agency have failed has made 
 62.26  reasonable efforts to locate and place the child with an 
 62.27  adoptive family for the child or with a fit and willing relative 
 62.28  who will agree to a transfer of permanent legal and physical 
 62.29  custody of the child, but such efforts have not proven 
 62.30  successful; or 
 62.31     (B) the child is a sibling of a child described in subitem 
 62.32  (A) and the siblings have a significant positive relationship 
 62.33  and are ordered into the same long-term foster care home; and 
 62.34     (iii) at least annually, the responsible social services 
 62.35  agency reconsiders its provision of services to the child and 
 62.36  the child's placement in long-term foster care to ensure that:  
 63.1      (A) long-term foster care continues to be the most 
 63.2   appropriate legal arrangement for meeting the child's need for 
 63.3   permanency and stability, including whether there is another 
 63.4   permanent placement option under this chapter that would better 
 63.5   serve the child's needs and best interests; 
 63.6      (B) whenever possible, there is an identified long-term 
 63.7   foster care family that is committed to being the foster family 
 63.8   for the child as long as the child is a minor or under the 
 63.9   jurisdiction of the court; 
 63.10     (C) the child is receiving appropriate services or 
 63.11  assistance to maintain or build connections with the child's 
 63.12  family and community; 
 63.13     (D) the child's physical and mental health needs are being 
 63.14  appropriately provided for; and 
 63.15     (E) the child's educational needs are being met; 
 63.16     (4) foster care for a specified period of time according to 
 63.17  the following conditions: 
 63.18     (i) foster care for a specified period of time may be 
 63.19  ordered only if: 
 63.20     (A) the sole basis for an adjudication that the child is in 
 63.21  need of protection or services is the child's behavior; 
 63.22     (B) the court finds that foster care for a specified period 
 63.23  of time is in the best interests of the child; and 
 63.24     (C) the court finds approves the responsible social 
 63.25  services agency's compelling reasons that neither an award of 
 63.26  permanent legal and physical custody to a relative, nor 
 63.27  termination of parental rights is in the child's best interests; 
 63.28     (ii) the order does not specify that the child continue in 
 63.29  foster care for any period exceeding one year; or 
 63.30     (5) guardianship and legal custody to the commissioner of 
 63.31  human services under the following procedures and conditions: 
 63.32     (i) there is an identified prospective adoptive home agreed 
 63.33  to by the responsible social services agency that has agreed to 
 63.34  adopt the child and the court accepts the parent's voluntary 
 63.35  consent to adopt under section 259.24, except that such consent 
 63.36  executed by a parent under this item shall be irrevocable unless 
 64.1   fraud is established and an order issues permitting revocation 
 64.2   as stated in item (vii); 
 64.3      (ii) if the court accepts a consent to adopt in lieu of 
 64.4   ordering one of the other enumerated permanency dispositions, 
 64.5   the court must review the matter at least every 90 days.  The 
 64.6   review will address the reasonable efforts of the agency to 
 64.7   achieve a finalized adoption; 
 64.8      (iii) a consent to adopt under this clause vests all legal 
 64.9   authority regarding the child, including guardianship and legal 
 64.10  custody of the child, with the commissioner of human services as 
 64.11  if the child were a state ward after termination of parental 
 64.12  rights; 
 64.13     (iv) the court must forward a copy of the consent to adopt, 
 64.14  together with a certified copy of the order transferring 
 64.15  guardianship and legal custody to the commissioner, to the 
 64.16  commissioner; and 
 64.17     (v) if an adoption is not finalized by the identified 
 64.18  prospective adoptive parent within 12 months of the execution of 
 64.19  the consent to adopt under this clause, the commissioner of 
 64.20  human services or the commissioner's delegate shall pursue 
 64.21  adoptive placement in another home unless the commissioner 
 64.22  certifies that the failure to finalize is not due to either an 
 64.23  action or a failure to act by the prospective adoptive parent; 
 64.24     (vi) notwithstanding item (v), as soon as the commissioner 
 64.25  or commissioner's delegate determines that finalization of the 
 64.26  adoption with the identified prospective adoptive parent is not 
 64.27  possible, that the prospective adoptive parent is not 
 64.28  cooperative in completing the steps necessary to finalize the 
 64.29  adoption, or upon the commissioner's determination to withhold 
 64.30  consent to the adoption under chapter 259, the commissioner or 
 64.31  commissioner's delegate shall pursue adoptive placement in 
 64.32  another home; and 
 64.33     (vii) unless otherwise required by the Indian Child Welfare 
 64.34  Act, United States Code, title 25, section 1913, a consent to 
 64.35  adopt executed under this section shall be irrevocable upon 
 64.36  acceptance by the court except upon order permitting revocation 
 65.1   issued by the same court after written findings that consent was 
 65.2   obtained by fraud. 
 65.3      (e) In ordering a permanent placement of a child, the court 
 65.4   must be governed by the best interests of the child, including a 
 65.5   review of the relationship between the child and relatives and 
 65.6   the child and other important persons with whom the child has 
 65.7   resided or had significant contact. 
 65.8      (f) Once a permanent placement determination has been made 
 65.9   and permanent placement has been established, further court 
 65.10  reviews are necessary if: 
 65.11     (1) the placement is long-term foster care or foster care 
 65.12  for a specified period of time; 
 65.13     (2) the court orders further hearings because it has 
 65.14  retained jurisdiction of a transfer of permanent legal and 
 65.15  physical custody matter; 
 65.16     (3) an adoption has not yet been finalized; or 
 65.17     (4) there is a disruption of the permanent or long-term 
 65.18  placement.  
 65.19     (g) Court reviews of an order for long-term foster care, 
 65.20  whether under this section or section 260C.317, subdivision 3, 
 65.21  paragraph (d), or foster care for a specified period of time 
 65.22  must be conducted at least yearly and must review the child's 
 65.23  out-of-home placement plan and the reasonable efforts of the 
 65.24  agency to finalize the permanent plan for the child including 
 65.25  the agency's efforts to: 
 65.26     (1) ensure that long-term foster care continues to be the 
 65.27  most appropriate legal arrangement for meeting the child's need 
 65.28  for permanency and stability or, if not, to identify and attempt 
 65.29  to finalize another permanent placement option under this 
 65.30  chapter that would better serve the child's needs and best 
 65.31  interests; 
 65.32     (2) identify a specific long-term foster home for the child 
 65.33  or a specific foster home for the time the child is specified to 
 65.34  be out of the care of the parent, if one has not already been 
 65.35  identified; 
 65.36     (2) (3) support continued placement of the child in the 
 66.1   identified home, if one has been identified; 
 66.2      (3) (4) ensure appropriate services are provided to address 
 66.3   the physical health, mental health, and educational needs of the 
 66.4   child during the period of long-term foster care or foster care 
 66.5   for a specified period of time and also ensure appropriate 
 66.6   services or assistance to maintain relationships with 
 66.7   appropriate family members and the child's community; and 
 66.8      (4) (5) plan for the child's independence upon the child's 
 66.9   leaving long-term foster care living as required under section 
 66.10  260C.212, subdivision 1; and 
 66.11     (5) where placement is for a specified period of time, a 
 66.12  plan for the safe return of the child to the care of the parent. 
 66.13     (h) In the event it is necessary for a child that has been 
 66.14  ordered into foster care for a specified period of time to be in 
 66.15  foster care longer than one year after the permanency hearing 
 66.16  held under this section, not later than 12 months after the time 
 66.17  the child was ordered into foster care for a specified period of 
 66.18  time, the matter must be returned to court for a review of the 
 66.19  appropriateness of continuing the child in foster care and of 
 66.20  the responsible social services agency's reasonable efforts to 
 66.21  finalize a permanent plan for the child; if it is in the child's 
 66.22  best interests to continue the order for foster care for a 
 66.23  specified period of time past a total of 12 months, the court 
 66.24  shall set objectives for the child's continuation in foster 
 66.25  care, specify any further amount of time the child may be in 
 66.26  foster care, and review the plan for the safe return of the 
 66.27  child to the parent. 
 66.28     (i) An order under this subdivision permanently placing a 
 66.29  child out of the home of the parent or guardian must include the 
 66.30  following detailed findings: 
 66.31     (1) how the child's best interests are served by the order; 
 66.32     (2) the nature and extent of the responsible social service 
 66.33  agency's reasonable efforts, or, in the case of an Indian child, 
 66.34  active efforts to reunify the child with the parent or parents 
 66.35  guardian where reasonable efforts are required; 
 66.36     (3) the parent's or parents' efforts and ability to use 
 67.1   services to correct the conditions which led to the out-of-home 
 67.2   placement; and 
 67.3      (4) whether that the conditions which led to the 
 67.4   out-of-home placement have not been corrected so that the child 
 67.5   can safely return home. 
 67.6      (i) (j) An order for permanent legal and physical custody 
 67.7   of a child may be modified under sections 518.18 and 518.185.  
 67.8   The social services agency is a party to the proceeding and must 
 67.9   receive notice.  A parent may only seek modification of an order 
 67.10  for long-term foster care upon motion and a showing by the 
 67.11  parent of a substantial change in the parent's circumstances 
 67.12  such that the parent could provide appropriate care for the 
 67.13  child and that removal of the child from the child's permanent 
 67.14  placement and the return to the parent's care would be in the 
 67.15  best interest of the child.  The responsible social services 
 67.16  agency may ask the court to vacate an order for long-term foster 
 67.17  care upon a prima facie showing that there is a factual basis 
 67.18  for the court to order another permanency option under this 
 67.19  chapter and that such an option is in the child's best 
 67.20  interests.  Upon a hearing where the court determines that there 
 67.21  is a factual basis for vacating the order for long-term foster 
 67.22  care and that another permanent order regarding the placement of 
 67.23  the child is in the child's best interests, the court may vacate 
 67.24  the order for long-term foster care and enter a different order 
 67.25  for permanent placement that is in the child's best interests.  
 67.26  The court shall not require further reasonable efforts to 
 67.27  reunify the child with the parent or guardian as a basis for 
 67.28  vacating the order for long-term foster care and ordering a 
 67.29  different permanent placement in the child's best interests.  
 67.30  The county attorney must file pleadings and give notice as 
 67.31  required under the rules of juvenile court in order to modify an 
 67.32  order for long-term foster care under this paragraph.  
 67.33     (j) (k) The court shall issue an order required under this 
 67.34  section within 15 days of the close of the proceedings.  The 
 67.35  court may extend issuing the order an additional 15 days when 
 67.36  necessary in the interests of justice and the best interests of 
 68.1   the child. 
 68.2      Sec. 17.  Minnesota Statutes 2004, section 260C.312, is 
 68.3   amended to read: 
 68.4      260C.312 [DISPOSITION; PARENTAL RIGHTS NOT TERMINATED.] 
 68.5      (a) If, after a hearing, the court does not terminate 
 68.6   parental rights but determines that the child is in need of 
 68.7   protection or services, or that the child is neglected and in 
 68.8   foster care, the court may find the child is in need of 
 68.9   protection or services or neglected and in foster care and may 
 68.10  enter an order in accordance with the provisions of section 
 68.11  260C.201. 
 68.12     (b) When a child has been in placement 15 of the last 22 
 68.13  months after a trial on a termination of parental rights 
 68.14  petition, if the court finds that the petition is not proven or 
 68.15  that termination of parental rights is not in the child's best 
 68.16  interests, the court must order the child returned to the care 
 68.17  of the parent unless the court finds approves the responsible 
 68.18  social services agency's determination of compelling reasons why 
 68.19  the child should remain out of the care of the parent.  If the 
 68.20  court orders the child returned to the care of the parent, the 
 68.21  court may order a trial home visit, protective supervision, or 
 68.22  monitoring under section 260C.201. 
 68.23     Sec. 18.  Minnesota Statutes 2004, section 260C.317, 
 68.24  subdivision 3, is amended to read: 
 68.25     Subd. 3.  [ORDER; RETENTION OF JURISDICTION.] (a) A 
 68.26  certified copy of the findings and the order terminating 
 68.27  parental rights, and a summary of the court's information 
 68.28  concerning the child shall be furnished by the court to the 
 68.29  commissioner or the agency to which guardianship is 
 68.30  transferred.  The orders shall be on a document separate from 
 68.31  the findings.  The court shall furnish the individual to whom 
 68.32  guardianship is transferred a copy of the order terminating 
 68.33  parental rights. 
 68.34     (b) The court shall retain jurisdiction in a case where 
 68.35  adoption is the intended permanent placement disposition until 
 68.36  the child's adoption is finalized, the child is 18 years of age, 
 69.1   or the child is otherwise ordered discharged from the 
 69.2   jurisdiction of the court.  The guardian ad litem and counsel 
 69.3   for the child shall continue on the case until an adoption 
 69.4   decree is entered.  A hearing must be held every 90 days 
 69.5   following termination of parental rights for the court to review 
 69.6   progress toward an adoptive placement and the specific 
 69.7   recruitment efforts the agency has taken to find an adoptive 
 69.8   family or other placement living arrangement for the child and 
 69.9   to finalize the adoption or other permanency plan.  
 69.10     (c) When adoption is not the intended disposition The 
 69.11  responsible social services agency may make a determination of 
 69.12  compelling reasons for a child to be in long-term foster care 
 69.13  when the agency has made exhaustive efforts to recruit, 
 69.14  identify, and place the child in an adoptive home, and if the 
 69.15  child continues in out-of-home placement foster care for 12 at 
 69.16  least 24 months after the court has issued the order terminating 
 69.17  parental rights and.  Upon approving the agency's determination 
 69.18  of compelling reasons, the court may order the child placed in 
 69.19  long-term foster care.  At least every 12 months thereafter as 
 69.20  long as the child continues in out-of-home placement, the court 
 69.21  shall conduct a permanency review hearing to determine the 
 69.22  future status of the child, including, but not limited to, 
 69.23  whether the child should be continued in out-of-home placement, 
 69.24  should be placed for adoption, or should, because of the child's 
 69.25  special needs and for compelling reasons, be ordered into 
 69.26  long-term out-of-home placement using the review requirements of 
 69.27  section 260C.201, subdivision 11, paragraph (g). 
 69.28     (d) The court shall retain jurisdiction through the child's 
 69.29  minority in a case where long-term foster care is the permanent 
 69.30  disposition whether under paragraph (c) or section 260C.201, 
 69.31  subdivision 11.  All of the review requirements under section 
 69.32  260C.201, subdivision 11, paragraph (g), apply. 
 69.33                             ARTICLE 3 
 69.34                             CHILD CARE 
 69.35     Section 1.  Minnesota Statutes 2004, section 119B.025, 
 69.36  subdivision 1, is amended to read: 
 70.1      Subdivision 1.  [FACTORS WHICH MUST BE VERIFIED.] (a) The 
 70.2   county shall verify the following at all initial child care 
 70.3   applications using the universal application: 
 70.4      (1) identity of adults; 
 70.5      (2) presence of the minor child in the home, if 
 70.6   questionable; 
 70.7      (3) relationship of minor child to the parent, stepparent, 
 70.8   legal guardian, eligible relative caretaker, or the spouses of 
 70.9   any of the foregoing; 
 70.10     (4) age; 
 70.11     (5) immigration status, if related to eligibility; 
 70.12     (6) Social Security number, if given; 
 70.13     (7) income; 
 70.14     (8) spousal support and child support payments made to 
 70.15  persons outside the household; 
 70.16     (9) residence; and 
 70.17     (10) inconsistent information, if related to eligibility. 
 70.18     (b) If a family did not use the universal application or 
 70.19  child care addendum to apply for child care assistance, the 
 70.20  family must complete the universal application or child care 
 70.21  addendum at its next eligibility redetermination and the county 
 70.22  must verify the factors listed in paragraph (a) as part of that 
 70.23  redetermination.  Once a family has completed a universal 
 70.24  application or child care addendum, the county shall use the 
 70.25  redetermination form described in paragraph (c) for that 
 70.26  family's subsequent redeterminations.  Eligibility must be 
 70.27  redetermined at least every six months.  If a family reports a 
 70.28  change in an eligibility factor before the family's next 
 70.29  regularly scheduled redetermination, the county must recalculate 
 70.30  eligibility without requiring verification of any eligibility 
 70.31  factor that did not change.  
 70.32     (c) The commissioner shall develop a recertification 
 70.33  redetermination form to redetermine eligibility and a change 
 70.34  report form to report changes that minimizes minimize paperwork 
 70.35  for the county and the participant. 
 70.36     Sec. 2.  Minnesota Statutes 2004, section 119B.03, 
 71.1   subdivision 6, is amended to read: 
 71.2      Subd. 6.  [ALLOCATION FORMULA.] The basic sliding fee state 
 71.3   and federal funds shall be allocated on a calendar year basis.  
 71.4   Funds shall be allocated first in amounts equal to each county's 
 71.5   guaranteed floor according to subdivision 8, with any remaining 
 71.6   available funds allocated according to the following formula:  
 71.7      (a) One-fourth of the funds shall be allocated in 
 71.8   proportion to each county's total expenditures for the basic 
 71.9   sliding fee child care program reported during the most recent 
 71.10  fiscal year completed at the time of the notice of allocation.  
 71.11     (b) One-fourth of the funds shall be allocated based on the 
 71.12  number of families participating in the transition year child 
 71.13  care program as reported during the most recent quarter 
 71.14  completed at the time of the notice of allocation. 
 71.15     (c) One-fourth of the funds shall be allocated in 
 71.16  proportion to each county's most recently reported first, 
 71.17  second, and third priority waiting list as defined in 
 71.18  subdivision 2 and the reinstatement list of those families whose 
 71.19  assistance was terminated with the approval of the commissioner 
 71.20  under Minnesota Rules, part 3400.0183, subpart 1. 
 71.21     (d) One-fourth of the funds must be allocated in proportion 
 71.22  to each county's most recently reported waiting list as defined 
 71.23  in subdivision 2 and the reinstatement list of those families 
 71.24  whose assistance was terminated with the approval of the 
 71.25  commissioner under Minnesota Rules, part 3400.0183, subpart 1. 
 71.26     Sec. 3.  Minnesota Statutes 2004, section 119B.09, 
 71.27  subdivision 4, is amended to read: 
 71.28     Subd. 4.  [ELIGIBILITY; ANNUAL INCOME; CALCULATION.] Annual 
 71.29  income of the applicant family is the current monthly income of 
 71.30  the family multiplied by 12 or the income for the 12-month 
 71.31  period immediately preceding the date of application, or income 
 71.32  calculated by the method which provides the most accurate 
 71.33  assessment of income available to the family.  Self-employment 
 71.34  income must be calculated based on gross receipts less operating 
 71.35  expenses.  Income must be redetermined recalculated when the 
 71.36  family's income changes, but no less often than every six 
 72.1   months.  Income must be verified with documentary evidence.  If 
 72.2   the applicant does not have sufficient evidence of income, 
 72.3   verification must be obtained from the source of the income. 
 72.4      Sec. 4.  Minnesota Statutes 2004, section 119B.09, 
 72.5   subdivision 9, is amended to read: 
 72.6      Subd. 9.  [LICENSED AND LEGAL NONLICENSED FAMILY CHILD CARE 
 72.7   PROVIDERS; ASSISTANCE.] Licensed and legal nonlicensed family 
 72.8   child care providers are not eligible to receive child care 
 72.9   assistance subsidies under this chapter for their own children 
 72.10  or children in their custody. family during the hours they are 
 72.11  providing child care or being paid to provide child care.  Child 
 72.12  care providers are eligible to receive child care assistance 
 72.13  subsidies for their children when they are engaged in other 
 72.14  activities that meet the requirements of this chapter and for 
 72.15  which child care assistance can be paid.  The hours for which 
 72.16  the provider receives a child care subsidy for their own 
 72.17  children must not overlap with the hours the provider provides 
 72.18  child care services. 
 72.19                             ARTICLE 4 
 72.20                           CHILD SUPPORT 
 72.21     Section 1.  Minnesota Statutes 2004, section 256.978, 
 72.22  subdivision 2, is amended to read: 
 72.23     Subd. 2.  [ACCESS TO INFORMATION.] (a) A request for 
 72.24  information by the public authority responsible for child 
 72.25  support of this state or any other state may be made to: 
 72.26     (1) employers when there is reasonable cause to believe 
 72.27  that the subject of the inquiry is or was an employee or 
 72.28  independent contractor of the employer.  Information to be 
 72.29  released by employers of employees is limited to place of 
 72.30  residence, employment status, wage or payment information, 
 72.31  benefit information, and Social Security number.  Information to 
 72.32  be released by employers of independent contractors is limited 
 72.33  to place of residence or address, contract status, payment 
 72.34  information, benefit information, and Social Security number or 
 72.35  identification number; 
 72.36     (2) utility companies when there is reasonable cause to 
 73.1   believe that the subject of the inquiry is or was a retail 
 73.2   customer of the utility company.  Customer information to be 
 73.3   released by utility companies is limited to place of residence, 
 73.4   home telephone, work telephone, source of income, employer and 
 73.5   place of employment, and Social Security number; 
 73.6      (3) insurance companies when there is reasonable cause to 
 73.7   believe that the subject of the inquiry is or was receiving 
 73.8   funds either in the form of a lump sum or periodic payments.  
 73.9   Information to be released by insurance companies is limited to 
 73.10  place of residence, home telephone, work telephone, employer, 
 73.11  Social Security number, and amounts and type of payments made to 
 73.12  the subject of the inquiry; 
 73.13     (4) labor organizations when there is reasonable cause to 
 73.14  believe that the subject of the inquiry is or was a member of 
 73.15  the labor association.  Information to be released by labor 
 73.16  associations is limited to place of residence, home telephone, 
 73.17  work telephone, Social Security number, and current and past 
 73.18  employment information; and 
 73.19     (5) financial institutions when there is reasonable cause 
 73.20  to believe that the subject of the inquiry has or has had 
 73.21  accounts, stocks, loans, certificates of deposits, treasury 
 73.22  bills, life insurance policies, or other forms of financial 
 73.23  dealings with the institution.  Information to be released by 
 73.24  the financial institution is limited to place of residence, home 
 73.25  telephone, work telephone, identifying information on the type 
 73.26  of financial relationships, Social Security number, current 
 73.27  value of financial relationships, and current indebtedness of 
 73.28  the subject with the financial institution. 
 73.29     (b) For purposes of this subdivision, utility companies 
 73.30  include telephone companies, radio common carriers, and 
 73.31  telecommunications carriers as defined in section 237.01, and 
 73.32  companies that provide electrical, telephone, natural gas, 
 73.33  propane gas, oil, coal, or cable television services to retail 
 73.34  customers.  The term financial institution includes banks, 
 73.35  savings and loans, credit unions, brokerage firms, mortgage 
 73.36  companies, insurance companies, benefit associations, safe 
 74.1   deposit companies, money market mutual funds, or similar 
 74.2   entities authorized to do business in the state. 
 74.3      (c) For purposes of this section, the public authority may 
 74.4   request or obtain information from any person or entity 
 74.5   enumerated in this section, or from any third party who 
 74.6   contracts with any such person or entity to obtain or retain 
 74.7   information that may be requested by the public authority. 
 74.8      Sec. 2.  Minnesota Statutes 2004, section 518.551, 
 74.9   subdivision 5, is amended to read: 
 74.10     Subd. 5.  [NOTICE TO PUBLIC AUTHORITY; GUIDELINES.] (a) The 
 74.11  petitioner shall notify the public authority of all proceedings 
 74.12  for dissolution, legal separation, determination of parentage or 
 74.13  for the custody of a child, if either party is receiving public 
 74.14  assistance or applies for it subsequent to the commencement of 
 74.15  the proceeding.  The notice must contain the full names of the 
 74.16  parties to the proceeding, their Social Security account 
 74.17  numbers, and their birth dates.  After receipt of the notice, 
 74.18  the court shall set child support as provided in this 
 74.19  subdivision.  The court may order either or both parents owing a 
 74.20  duty of support to a child of the marriage to pay an amount 
 74.21  reasonable or necessary for the child's support, without regard 
 74.22  to marital misconduct.  The court shall approve a child support 
 74.23  stipulation of the parties if each party is represented by 
 74.24  independent counsel, unless the stipulation does not meet the 
 74.25  conditions of paragraph (i).  In other cases the court shall 
 74.26  determine and order child support in a specific dollar amount in 
 74.27  accordance with the guidelines and the other factors set forth 
 74.28  in paragraph (c) and any departure therefrom.  The court may 
 74.29  also order the obligor to pay child support in the form of a 
 74.30  percentage share of the obligor's net bonuses, commissions, or 
 74.31  other forms of compensation, in addition to, or if the obligor 
 74.32  receives no base pay, in lieu of, an order for a specific dollar 
 74.33  amount. 
 74.34     (b) The court shall derive a specific dollar amount for 
 74.35  child support by multiplying the obligor's net income by the 
 74.36  percentage indicated by the following guidelines:  
 75.1   Net Income Per            Number of Children 
 75.2   Month of Obligor 
 75.3                 1     2     3     4     5     6    7 or 
 75.4                                                    more 
 75.5   $550 and Below     Order based on the ability of the 
 75.6                      obligor to provide support  
 75.7                      at these income levels, or at higher  
 75.8                      levels, if the obligor has 
 75.9                      the earning ability. 
 75.10  $551 - 600   16%   19%   22%   25%   28%   30%   32% 
 75.11  $601 - 650   17%   21%   24%   27%   29%   32%   34% 
 75.12  $651 - 700   18%   22%   25%   28%   31%   34%   36% 
 75.13  $701 - 750   19%   23%   27%   30%   33%   36%   38% 
 75.14  $751 - 800   20%   24%   28%   31%   35%   38%   40% 
 75.15  $801 - 850   21%   25%   29%   33%   36%   40%   42% 
 75.16  $851 - 900   22%   27%   31%   34%   38%   41%   44% 
 75.17  $901 - 950   23%   28%   32%   36%   40%   43%   46% 
 75.18  $951 - 1000  24%   29%   34%   38%   41%   45%   48% 
 75.19  $1001- 5000  25%   30%   35%   39%   43%   47%   50% 
 75.20  or the amount 
 75.21  in effect under
 75.22  paragraph (k)
 75.23     Guidelines for support for an obligor with a monthly income 
 75.24  in excess of the income limit currently in effect under 
 75.25  paragraph (k) shall be the same dollar amounts as provided for 
 75.26  in the guidelines for an obligor with a monthly income equal to 
 75.27  the limit in effect. 
 75.28  Net Income defined as: 
 75.29           
 75.30           Total monthly 
 75.31           income less           *(i) Federal Income Tax 
 75.32                                *(ii) State Income Tax 
 75.33                                (iii) Social Security
 75.34                                       Deductions 
 75.35                                 (iv) Reasonable
 75.36                                       Pension Deductions
 76.1            *Standard 
 76.2            Deductions apply-      (v) Union Dues 
 76.3            use of tax tables     (vi) Cost of Dependent Health
 76.4            recommended                 Insurance Coverage  
 76.5                                 (vii) Cost of Individual or Group
 76.6                                        Health/Hospitalization
 76.7                                        Coverage or an        
 76.8                                        Amount for Actual 
 76.9                                        Medical Expenses   
 76.10                               (viii) A Child Support or  
 76.11                                       Maintenance Order that is
 76.12                                       Currently Being Paid, not
 76.13                                       including payments or
 76.14                                       orders for child support
 76.15                                       or maintenance debts or
 76.16                                       arrears.
 76.17     "Net income" does not include: 
 76.18     (1) the income of the obligor's spouse, but does include 
 76.19  in-kind payments received by the obligor in the course of 
 76.20  employment, self-employment, or operation of a business if the 
 76.21  payments reduce the obligor's living expenses; or 
 76.22     (2) compensation received by a party for employment in 
 76.23  excess of a 40-hour work week, provided that: 
 76.24     (i) support is nonetheless ordered in an amount at least 
 76.25  equal to the guidelines amount based on income not excluded 
 76.26  under this clause; and 
 76.27     (ii) the party demonstrates, and the court finds, that: 
 76.28     (A) the excess employment began after the filing of the 
 76.29  petition for dissolution; 
 76.30     (B) the excess employment reflects an increase in the work 
 76.31  schedule or hours worked over that of the two years immediately 
 76.32  preceding the filing of the petition; 
 76.33     (C) the excess employment is voluntary and not a condition 
 76.34  of employment; 
 76.35     (D) the excess employment is in the nature of additional, 
 76.36  part-time or overtime employment compensable by the hour or 
 77.1   fraction of an hour; and 
 77.2      (E) the party's compensation structure has not been changed 
 77.3   for the purpose of affecting a support or maintenance obligation.
 77.4      The court shall review the work-related and 
 77.5   education-related child care costs paid and shall allocate the 
 77.6   costs to each parent in proportion to each parent's net income, 
 77.7   as determined under this subdivision, after the transfer of 
 77.8   child support and spousal maintenance, unless the allocation 
 77.9   would be substantially unfair to either parent.  There is a 
 77.10  presumption of substantial unfairness if after the sum total of 
 77.11  child support, spousal maintenance, and child care costs is 
 77.12  subtracted from the obligor's income, the income is at or below 
 77.13  100 percent of the federal poverty guidelines.  The cost of 
 77.14  child care for purposes of this paragraph is 75 percent of the 
 77.15  actual cost paid for child care, to reflect the approximate 
 77.16  value of state and federal tax credits available to the 
 77.17  obligee.  The actual cost paid for child care is the total 
 77.18  amount received by the child care provider for the child or 
 77.19  children of the obligor from the obligee or any public agency.  
 77.20  The court shall require verification of employment or school 
 77.21  attendance and documentation of child care expenses from the 
 77.22  obligee and the public agency, if applicable.  If child care 
 77.23  expenses fluctuate during the year because of seasonal 
 77.24  employment or school attendance of the obligee or extended 
 77.25  periods of parenting time with the obligor, the court shall 
 77.26  determine child care expenses based on an average monthly cost.  
 77.27  The amount allocated for child care expenses is considered child 
 77.28  support but is not subject to a cost-of-living adjustment under 
 77.29  section 518.641.  If a court order provides for child care 
 77.30  expenses and the public authority provides child support 
 77.31  enforcement services, the collection of the amount allocated for 
 77.32  child care expenses terminates must be suspended when either 
 77.33  party notifies informs the public authority that the no child 
 77.34  care costs have ended and without any legal action on the part 
 77.35  of either party are being incurred and the public authority 
 77.36  verifies the accuracy of the information with the other party.  
 78.1   The public authority shall verify the information received under 
 78.2   this provision before authorizing termination.  The termination 
 78.3   is effective as of the date of the notification. resume 
 78.4   collection of the amount allocated for child care expenses when 
 78.5   either party provides information that child care costs have 
 78.6   resumed.  If the parties provide conflicting information to the 
 78.7   public authority regarding whether or not child care expenses 
 78.8   are being incurred, the collection of the amount allocated for 
 78.9   child care expenses must continue or resume.  Either party, 
 78.10  through motion to the court, may challenge the suspension or 
 78.11  resumption of the collection of the amount allocated for child 
 78.12  care expenses.  All provisions of the court order remain in 
 78.13  effect even though the public authority suspends collection 
 78.14  activities for the amount allocated for child care expenses.  In 
 78.15  these and other cases where there is a substantial increase or 
 78.16  decrease in child care expenses, the parties may modify the 
 78.17  order under section 518.64. 
 78.18     The court may allow the obligor parent to care for the 
 78.19  child while the obligee parent is working, as provided in 
 78.20  section 518.175, subdivision 8, but this is not a reason to 
 78.21  deviate from the guidelines. 
 78.22     (c) In addition to the child support guidelines, the court 
 78.23  shall take into consideration the following factors in setting 
 78.24  or modifying child support or in determining whether to deviate 
 78.25  from the guidelines: 
 78.26     (1) all earnings, income, and resources of the parents, 
 78.27  including real and personal property, but excluding income from 
 78.28  excess employment of the obligor or obligee that meets the 
 78.29  criteria of paragraph (b), clause (2)(ii); 
 78.30     (2) the financial needs and resources, physical and 
 78.31  emotional condition, and educational needs of the child or 
 78.32  children to be supported; 
 78.33     (3) the standard of living the child would have enjoyed had 
 78.34  the marriage not been dissolved, but recognizing that the 
 78.35  parents now have separate households; 
 78.36     (4) which parent receives the income taxation dependency 
 79.1   exemption and what financial benefit the parent receives from 
 79.2   it; 
 79.3      (5) the parents' debts as provided in paragraph (d); and 
 79.4      (6) the obligor's receipt of public assistance under the 
 79.5   AFDC program formerly codified under sections 256.72 to 256.82 
 79.6   or 256B.01 to 256B.40 and chapter 256J or 256K.  
 79.7      (d) In establishing or modifying a support obligation, the 
 79.8   court may consider debts owed to private creditors, but only if: 
 79.9      (1) the right to support has not been assigned under 
 79.10  section 256.741; 
 79.11     (2) the court determines that the debt was reasonably 
 79.12  incurred for necessary support of the child or parent or for the 
 79.13  necessary generation of income.  If the debt was incurred for 
 79.14  the necessary generation of income, the court shall consider 
 79.15  only the amount of debt that is essential to the continuing 
 79.16  generation of income; and 
 79.17     (3) the party requesting a departure produces a sworn 
 79.18  schedule of the debts, with supporting documentation, showing 
 79.19  goods or services purchased, the recipient of them, the amount 
 79.20  of the original debt, the outstanding balance, the monthly 
 79.21  payment, and the number of months until the debt will be fully 
 79.22  paid. 
 79.23     (e) Any schedule prepared under paragraph (d), clause (3), 
 79.24  shall contain a statement that the debt will be fully paid after 
 79.25  the number of months shown in the schedule, barring emergencies 
 79.26  beyond the party's control.  
 79.27     (f) Any further departure below the guidelines that is 
 79.28  based on a consideration of debts owed to private creditors 
 79.29  shall not exceed 18 months in duration, after which the support 
 79.30  shall increase automatically to the level ordered by the court.  
 79.31  Nothing in this section shall be construed to prohibit one or 
 79.32  more step increases in support to reflect debt retirement during 
 79.33  the 18-month period.  
 79.34     (g) If payment of debt is ordered pursuant to this section, 
 79.35  the payment shall be ordered to be in the nature of child 
 79.36  support.  
 80.1      (h) Nothing shall preclude the court from receiving 
 80.2   evidence on the above factors to determine if the guidelines 
 80.3   should be exceeded or modified in a particular case.  
 80.4      (i) The guidelines in this subdivision are a rebuttable 
 80.5   presumption and shall be used in all cases when establishing or 
 80.6   modifying child support.  If the court does not deviate from the 
 80.7   guidelines, the court shall make written findings concerning the 
 80.8   amount of the obligor's income used as the basis for the 
 80.9   guidelines calculation and any other significant evidentiary 
 80.10  factors affecting the determination of child support.  If the 
 80.11  court deviates from the guidelines, the court shall make written 
 80.12  findings giving the amount of support calculated under the 
 80.13  guidelines, the reasons for the deviation, and shall 
 80.14  specifically address the criteria in paragraph (c) and how the 
 80.15  deviation serves the best interest of the child.  The court may 
 80.16  deviate from the guidelines if both parties agree and the court 
 80.17  makes written findings that it is in the best interests of the 
 80.18  child, except that in cases where child support payments are 
 80.19  assigned to the public agency under section 256.741, the court 
 80.20  may deviate downward only as provided in paragraph (j).  Nothing 
 80.21  in this paragraph prohibits the court from deviating in other 
 80.22  cases.  The provisions of this paragraph apply whether or not 
 80.23  the parties are each represented by independent counsel and have 
 80.24  entered into a written agreement.  The court shall review 
 80.25  stipulations presented to it for conformity to the guidelines 
 80.26  and the court is not required to conduct a hearing, but the 
 80.27  parties shall provide the documentation of earnings required 
 80.28  under subdivision 5b. 
 80.29     (j) If the child support payments are assigned to the 
 80.30  public agency under section 256.741, the court may not deviate 
 80.31  downward from the child support guidelines unless the court 
 80.32  specifically finds that the failure to deviate downward would 
 80.33  impose an extreme hardship on the obligor. 
 80.34     (k) The dollar amount of the income limit for application 
 80.35  of the guidelines must be adjusted on July 1 of every 
 80.36  even-numbered year to reflect cost-of-living changes.  The 
 81.1   Supreme Court shall select the index for the adjustment from the 
 81.2   indices listed in section 518.641.  The state court 
 81.3   administrator shall make the changes in the dollar amount 
 81.4   required by this paragraph available to courts and the public on 
 81.5   or before April 30 of the year in which the amount is to change. 
 81.6      (l) In establishing or modifying child support, if a child 
 81.7   receives a child's insurance benefit under United States Code, 
 81.8   title 42, section 402, because the obligor is entitled to old 
 81.9   age or disability insurance benefits, the amount of support 
 81.10  ordered shall be offset by the amount of the child's benefit.  
 81.11  The court shall make findings regarding the obligor's income 
 81.12  from all sources, the child support amount calculated under this 
 81.13  section, the amount of the child's benefit, and the obligor's 
 81.14  child support obligation.  Any benefit received by the child in 
 81.15  a given month in excess of the child support obligation shall 
 81.16  not be treated as an arrearage payment or a future payment. 
 81.17     Sec. 3.  Minnesota Statutes 2004, section 518.68, 
 81.18  subdivision 2, is amended to read: 
 81.19     Subd. 2.  [CONTENTS.] The required notices must be 
 81.20  substantially as follows: 
 81.21                          IMPORTANT NOTICE 
 81.22  1.  PAYMENTS TO PUBLIC AGENCY 
 81.23     According to Minnesota Statutes, section 518.551, 
 81.24     subdivision 1, payments ordered for maintenance and support 
 81.25     must be paid to the public agency responsible for child 
 81.26     support enforcement as long as the person entitled to 
 81.27     receive the payments is receiving or has applied for public 
 81.28     assistance or has applied for support and maintenance 
 81.29     collection services.  MAIL PAYMENTS TO: 
 81.30  2.  DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 
 81.31  FELONY 
 81.32     A person may be charged with a felony who conceals a minor 
 81.33     child or takes, obtains, retains, or fails to return a 
 81.34     minor child from or to the child's parent (or person with 
 81.35     custodial or visitation rights), according to Minnesota 
 81.36     Statutes, section 609.26.  A copy of that section is 
 82.1      available from any district court clerk. 
 82.2   3.  NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 
 82.3      A person who fails to pay court-ordered child support or 
 82.4      maintenance may be charged with a crime, which may include 
 82.5      misdemeanor, gross misdemeanor, or felony charges, 
 82.6      according to Minnesota Statutes, section 609.375.  A copy 
 82.7      of that section is available from any district court clerk. 
 82.8   4.  RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 
 82.9      (a) Payment of support or spousal maintenance is to be as 
 82.10     ordered, and the giving of gifts or making purchases of 
 82.11     food, clothing, and the like will not fulfill the 
 82.12     obligation. 
 82.13     (b) Payment of support must be made as it becomes due, and 
 82.14     failure to secure or denial of parenting time is NOT an 
 82.15     excuse for nonpayment, but the aggrieved party must seek 
 82.16     relief through a proper motion filed with the court. 
 82.17     (c) Nonpayment of support is not grounds to deny parenting 
 82.18     time.  The party entitled to receive support may apply for 
 82.19     support and collection services, file a contempt motion, or 
 82.20     obtain a judgment as provided in Minnesota Statutes, 
 82.21     section 548.091.  
 82.22     (d) The payment of support or spousal maintenance takes 
 82.23     priority over payment of debts and other obligations. 
 82.24     (e) A party who accepts additional obligations of support 
 82.25     does so with the full knowledge of the party's prior 
 82.26     obligation under this proceeding. 
 82.27     (f) Child support or maintenance is based on annual income, 
 82.28     and it is the responsibility of a person with seasonal 
 82.29     employment to budget income so that payments are made 
 82.30     throughout the year as ordered. 
 82.31     (g) If the obligor is laid off from employment or receives 
 82.32     a pay reduction, support may be reduced, but only if a 
 82.33     motion to reduce the support is served and filed with the 
 82.34     court.  Any reduction will take effect only if ordered by 
 82.35     the court and may only relate back to the time that the 
 82.36     motion is filed.  If a motion is not filed, the support 
 83.1      obligation will continue at the current level.  The court 
 83.2      is not permitted to reduce support retroactively, except as 
 83.3      provided in Minnesota Statutes, section 518.64, subdivision 
 83.4      2, paragraph (c).  
 83.5      (h) Reasonable parenting time guidelines are contained in 
 83.6      Appendix B, which is available from the court administrator.
 83.7      (i) The nonpayment of support may be enforced through the 
 83.8      denial of student grants; interception of state and federal 
 83.9      tax refunds; suspension of driver's, recreational, and 
 83.10     occupational licenses; referral to the department of 
 83.11     revenue or private collection agencies; seizure of assets, 
 83.12     including bank accounts and other assets held by financial 
 83.13     institutions; reporting to credit bureaus; interest 
 83.14     charging, income withholding, and contempt proceedings; and 
 83.15     other enforcement methods allowed by law.  
 83.16     (j) The public authority may suspend or resume collection 
 83.17     of the amount allocated for child care expenses if the 
 83.18     conditions of Minnesota Statutes, section 518.551, 
 83.19     subdivision 5, paragraph (b), are met. 
 83.20  5.  PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 
 83.21  SUBDIVISION 3 
 83.22     Unless otherwise provided by the Court: 
 83.23     (a) Each party has the right of access to, and to receive 
 83.24     copies of, school, medical, dental, religious training, and 
 83.25     other important records and information about the minor 
 83.26     children.  Each party has the right of access to 
 83.27     information regarding health or dental insurance available 
 83.28     to the minor children.  Presentation of a copy of this 
 83.29     order to the custodian of a record or other information 
 83.30     about the minor children constitutes sufficient 
 83.31     authorization for the release of the record or information 
 83.32     to the requesting party. 
 83.33     (b) Each party shall keep the other informed as to the name 
 83.34     and address of the school of attendance of the minor 
 83.35     children.  Each party has the right to be informed by 
 83.36     school officials about the children's welfare, educational 
 84.1      progress and status, and to attend school and parent 
 84.2      teacher conferences.  The school is not required to hold a 
 84.3      separate conference for each party. 
 84.4      (c) In case of an accident or serious illness of a minor 
 84.5      child, each party shall notify the other party of the 
 84.6      accident or illness, and the name of the health care 
 84.7      provider and the place of treatment. 
 84.8      (d) Each party has the right of reasonable access and 
 84.9      telephone contact with the minor children. 
 84.10  6.  WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 
 84.11     Child support and/or spousal maintenance may be withheld 
 84.12     from income, with or without notice to the person obligated 
 84.13     to pay, when the conditions of Minnesota Statutes, section 
 84.14     518.6111 have been met.  A copy of those sections is 
 84.15     available from any district court clerk. 
 84.16  7.  CHANGE OF ADDRESS OR RESIDENCE 
 84.17     Unless otherwise ordered, each party shall notify the other 
 84.18     party, the court, and the public authority responsible for 
 84.19     collection, if applicable, of the following information 
 84.20     within ten days of any change:  the residential and mailing 
 84.21     address, telephone number, driver's license number, Social 
 84.22     Security number, and name, address, and telephone number of 
 84.23     the employer. 
 84.24  8.  COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 
 84.25     Child support and/or spousal maintenance may be adjusted 
 84.26     every two years based upon a change in the cost of living 
 84.27     (using Department of Labor Consumer Price Index .........., 
 84.28     unless otherwise specified in this order) when the 
 84.29     conditions of Minnesota Statutes, section 518.641, are met. 
 84.30     Cost of living increases are compounded.  A copy of 
 84.31     Minnesota Statutes, section 518.641, and forms necessary to 
 84.32     request or contest a cost of living increase are available 
 84.33     from any district court clerk. 
 84.34  9.  JUDGMENTS FOR UNPAID SUPPORT 
 84.35     If a person fails to make a child support payment, the 
 84.36     payment owed becomes a judgment against the person 
 85.1      responsible to make the payment by operation of law on or 
 85.2      after the date the payment is due, and the person entitled 
 85.3      to receive the payment or the public agency may obtain 
 85.4      entry and docketing of the judgment WITHOUT NOTICE to the 
 85.5      person responsible to make the payment under Minnesota 
 85.6      Statutes, section 548.091.  Interest begins to accrue on a 
 85.7      payment or installment of child support whenever the unpaid 
 85.8      amount due is greater than the current support due, 
 85.9      according to Minnesota Statutes, section 548.091, 
 85.10     subdivision 1a.  
 85.11  10.  JUDGMENTS FOR UNPAID MAINTENANCE 
 85.12     A judgment for unpaid spousal maintenance may be entered 
 85.13     when the conditions of Minnesota Statutes, section 548.091, 
 85.14     are met.  A copy of that section is available from any 
 85.15     district court clerk. 
 85.16  11.  ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF CHILD 
 85.17  SUPPORT 
 85.18     A judgment for attorney fees and other collection costs 
 85.19     incurred in enforcing a child support order will be entered 
 85.20     against the person responsible to pay support when the 
 85.21     conditions of section 518.14, subdivision 2, are met.  A 
 85.22     copy of section 518.14 and forms necessary to request or 
 85.23     contest these attorney fees and collection costs are 
 85.24     available from any district court clerk. 
 85.25  12.  PARENTING TIME EXPEDITOR PROCESS 
 85.26     On request of either party or on its own motion, the court 
 85.27     may appoint a parenting time expeditor to resolve parenting 
 85.28     time disputes under Minnesota Statutes, section 518.1751.  
 85.29     A copy of that section and a description of the expeditor 
 85.30     process is available from any district court clerk. 
 85.31  13.  PARENTING TIME REMEDIES AND PENALTIES 
 85.32     Remedies and penalties for the wrongful denial of parenting 
 85.33     time are available under Minnesota Statutes, section 
 85.34     518.175, subdivision 6.  These include compensatory 
 85.35     parenting time; civil penalties; bond requirements; 
 85.36     contempt; and reversal of custody.  A copy of that 
 86.1      subdivision and forms for requesting relief are available 
 86.2      from any district court clerk. 
 86.3      Sec. 4.  Minnesota Statutes 2004, section 548.091, 
 86.4   subdivision 1a, is amended to read: 
 86.5      Subd. 1a.  [CHILD SUPPORT JUDGMENT BY OPERATION OF LAW.] 
 86.6   (a) Any payment or installment of support required by a judgment 
 86.7   or decree of dissolution or legal separation, determination of 
 86.8   parentage, an order under chapter 518C, an order under section 
 86.9   256.87, or an order under section 260B.331 or 260C.331, that is 
 86.10  not paid or withheld from the obligor's income as required under 
 86.11  section 518.6111, or which is ordered as child support by 
 86.12  judgment, decree, or order by a court in any other state, is a 
 86.13  judgment by operation of law on and after the date it is due, is 
 86.14  entitled to full faith and credit in this state and any other 
 86.15  state, and shall be entered and docketed by the court 
 86.16  administrator on the filing of affidavits as provided in 
 86.17  subdivision 2a.  Except as otherwise provided by paragraph (b), 
 86.18  interest accrues from the date the unpaid amount due is greater 
 86.19  than the current support due at the annual rate provided in 
 86.20  section 549.09, subdivision 1, plus two percent, not to exceed 
 86.21  an annual rate of 18 percent.  A payment or installment of 
 86.22  support that becomes a judgment by operation of law between the 
 86.23  date on which a party served notice of a motion for modification 
 86.24  under section 518.64, subdivision 2, and the date of the court's 
 86.25  order on modification may be modified under that subdivision. 
 86.26     (b) Notwithstanding the provisions of section 549.09, upon 
 86.27  motion to the court and upon proof by the obligor of 36 12 
 86.28  consecutive months of complete and timely payments of both 
 86.29  current support and court-ordered paybacks of a child support 
 86.30  debt or arrearage, the court may order interest on the remaining 
 86.31  debt or arrearage to stop accruing.  Timely payments are those 
 86.32  made in the month in which they are due.  If, after that time, 
 86.33  the obligor fails to make complete and timely payments of both 
 86.34  current support and court-ordered paybacks of child support debt 
 86.35  or arrearage, the public authority or the obligee may move the 
 86.36  court for the reinstatement of interest as of the month in which 
 87.1   the obligor ceased making complete and timely payments. 
 87.2      The court shall provide copies of all orders issued under 
 87.3   this section to the public authority.  The state court 
 87.4   administrator shall prepare and make available to the court and 
 87.5   the parties forms to be submitted by the parties in support of a 
 87.6   motion under this paragraph. 
 87.7      (c) Notwithstanding the provisions of section 549.09, upon 
 87.8   motion to the court, the court may order interest on a child 
 87.9   support debt or arrearage to stop accruing where the court finds 
 87.10  that the obligor is: 
 87.11     (1) unable to pay support because of a significant physical 
 87.12  or mental disability; 
 87.13     (2) a recipient of Supplemental Security Income (SSI), 
 87.14  Title II Older Americans Survivor's Disability Insurance 
 87.15  (OASDI), other disability benefits, or public assistance based 
 87.16  upon need; or 
 87.17     (3) institutionalized or incarcerated for at least 30 days 
 87.18  for an offense other than nonsupport of the child or children 
 87.19  involved, and is otherwise financially unable to pay support. 
 87.20     (d) If the conditions in paragraph (c) no longer exist, 
 87.21  upon motion to the court, the court may order interest accrual 
 87.22  to resume retroactively from the date of service of the motion 
 87.23  to resume the accrual of interest. 
 87.24                             ARTICLE 5 
 87.25                          FAMILY SUPPORTS 
 87.26     Section 1.  Minnesota Statutes 2004, section 119A.43, 
 87.27  subdivision 2, is amended to read: 
 87.28     Subd. 2.  [ESTABLISHMENT AND ADMINISTRATION.] A 
 87.29  transitional housing program is established to be administered 
 87.30  by the commissioner.  The commissioner may make grants to 
 87.31  eligible recipients or enter into agreements with community 
 87.32  action agencies or other public or private nonprofit agencies to 
 87.33  make grants to eligible recipients to initiate, maintain, or 
 87.34  expand programs to provide transitional housing and support 
 87.35  services for persons in need of transitional housing, which may 
 87.36  include up to six months of follow-up support services for 
 88.1   persons who complete transitional housing as they stabilize in 
 88.2   permanent housing.  The commissioner must ensure that money 
 88.3   appropriated to implement this section is distributed as soon as 
 88.4   practicable.  The commissioner may make grants directly to 
 88.5   eligible recipients.  The commissioner may use up to ten percent 
 88.6   of the appropriation available for this program for persons 
 88.7   needing assistance longer than 24 months. 
 88.8      Sec. 2.  Minnesota Statutes 2004, section 144D.025, is 
 88.9   amended to read: 
 88.10     144D.025 [OPTIONAL REGISTRATION.] 
 88.11     An establishment that meets all the requirements of this 
 88.12  chapter except that fewer than 80 percent of the adult residents 
 88.13  are age 55 or older, or a supportive housing establishment 
 88.14  developed and funded in whole or in part with funds provided 
 88.15  specifically as part of the plan to end long-term homelessness 
 88.16  required under Laws 2003, chapter 128, article 15, section 9, 
 88.17  may, at its option, register as a housing with services 
 88.18  establishment. 
 88.19     Sec. 3.  Minnesota Statutes 2004, section 256D.02, 
 88.20  subdivision 17, is amended to read: 
 88.21     Subd. 17.  [PROFESSIONAL CERTIFICATION.] "Professional 
 88.22  certification" means: (1) a statement about a person's illness, 
 88.23  injury, or incapacity that is signed by a licensed physician, 
 88.24  psychological practitioner, or licensed psychologist, qualified 
 88.25  by professional training and experience to diagnose and certify 
 88.26  the person's condition; or 
 88.27     (2) a statement about an incapacity involving a spinal 
 88.28  subluxation condition that is signed by a licensed chiropractor 
 88.29  qualified by professional training and experience to diagnose 
 88.30  and certify the condition "qualified professional" as defined in 
 88.31  section 256J.08, subdivision 73a. 
 88.32     Sec. 4.  Minnesota Statutes 2004, section 256D.051, 
 88.33  subdivision 6c, is amended to read: 
 88.34     Subd. 6c.  [PROGRAM FUNDING.] (a) Within the limits of 
 88.35  available resources, the commissioner shall reimburse the actual 
 88.36  costs of county agencies and their employment and training 
 89.1   service providers for the provision of food stamp employment and 
 89.2   training services, including participant support services, 
 89.3   direct program services, and program administrative activities.  
 89.4   The cost of services for each county's food stamp employment and 
 89.5   training program shall not exceed the annual allocated amount.  
 89.6   No more than 15 percent of program funds may be used for 
 89.7   administrative activities.  The county agency may expend county 
 89.8   funds in excess of the limits of this subdivision without state 
 89.9   reimbursement. 
 89.10     Program funds shall be allocated based on the county's 
 89.11  average number of food stamp cases as compared to the statewide 
 89.12  total number of such cases.  The average number of cases shall 
 89.13  be based on counts of cases as of March 31, June 30, September 
 89.14  30, and December 31 of the previous calendar year.  The 
 89.15  commissioner may reallocate unexpended money appropriated under 
 89.16  this section to those county agencies that demonstrate a need 
 89.17  for additional funds. 
 89.18     (b) This subdivision expires effective June 30, 2005. 
 89.19     Sec. 5.  Minnesota Statutes 2004, section 256I.04, 
 89.20  subdivision 2a, is amended to read: 
 89.21     Subd. 2a.  [LICENSE REQUIRED.] A county agency may not 
 89.22  enter into an agreement with an establishment to provide group 
 89.23  residential housing unless:  
 89.24     (1) the establishment is licensed by the Department of 
 89.25  Health as a hotel and restaurant; a board and lodging 
 89.26  establishment; a residential care home; a boarding care home 
 89.27  before March 1, 1985; or a supervised living facility, and the 
 89.28  service provider for residents of the facility is licensed under 
 89.29  chapter 245A.  However, an establishment licensed by the 
 89.30  Department of Health to provide lodging need not also be 
 89.31  licensed to provide board if meals are being supplied to 
 89.32  residents under a contract with a food vendor who is licensed by 
 89.33  the Department of Health; 
 89.34     (2) the residence is licensed by the commissioner of human 
 89.35  services under Minnesota Rules, parts 9555.5050 to 9555.6265, or 
 89.36  certified by a county human services agency prior to July 1, 
 90.1   1992, using the standards under Minnesota Rules, parts 9555.5050 
 90.2   to 9555.6265; or 
 90.3      (3) the establishment is registered under chapter 144D and 
 90.4   provides three meals a day, except that or is an establishment 
 90.5   voluntarily registered under section 144D.025 is not eligible 
 90.6   for an agreement to provide group residential housing as a 
 90.7   supportive housing establishment; or 
 90.8      (4) an establishment voluntarily registered under section 
 90.9   144D.025, other than a supportive housing establishment under 
 90.10  clause (3), is not eligible to provide group residential housing.
 90.11     The requirements under clauses (1), (2), (3), and (3) (4) 
 90.12  do not apply to establishments exempt from state licensure 
 90.13  because they are located on Indian reservations and subject to 
 90.14  tribal health and safety requirements. 
 90.15     Sec. 6.  Minnesota Statutes 2004, section 256I.05, is 
 90.16  amended by adding a subdivision to read: 
 90.17     Subd. 1g.  [SUPPLEMENTARY SERVICE RATE FOR CERTAIN 
 90.18  FACILITIES.] On or after July 1, 2005, a county agency may 
 90.19  negotiate a supplementary service rate for recipients of 
 90.20  assistance under section 256I.04, subdivision 1, paragraph (b), 
 90.21  who relocate from a homeless shelter licensed and registered 
 90.22  prior to December 31, 1996, by the Minnesota Department of 
 90.23  Health under section 157.17, to a supportive housing 
 90.24  establishment developed and funded in whole or in part with 
 90.25  funds provided specifically as part of the plan to end long-term 
 90.26  homelessness required under Laws 2003, chapter 128, article 15, 
 90.27  section 9, not to exceed $456.75. 
 90.28     Sec. 7.  Minnesota Statutes 2004, section 256J.626, 
 90.29  subdivision 6, is amended to read: 
 90.30     Subd. 6.  [BASE ALLOCATION TO COUNTIES AND TRIBES; 
 90.31  DEFINITIONS.] (a) For purposes of this section, the following 
 90.32  terms have the meanings given them:. 
 90.33     (1) "2002 historic spending base" means the commissioner's 
 90.34  determination of the sum of the reimbursement related to fiscal 
 90.35  year 2002 of county or tribal agency expenditures for the base 
 90.36  programs listed in clause (4) (6), items (i) through (iv), and 
 91.1   earnings related to calendar year 2002 in the base program 
 91.2   listed in clause (4) (6), item (v), and the amount of spending 
 91.3   in fiscal year 2002 in the base program listed in 
 91.4   clause (4) (6), item (vi), issued to or on behalf of persons 
 91.5   residing in the county or tribal service delivery area. 
 91.6      (2) "Adjusted caseload factor" means a factor weighted: 
 91.7      (i) 47 percent on the MFIP cases in each county at four 
 91.8   points in time in the most recent 12-month period for which data 
 91.9   is available multiplied by the county's caseload difficulty 
 91.10  factor; and 
 91.11     (ii) 53 percent on the count of adults on MFIP in each 
 91.12  county and tribe at four points in time in the most recent 
 91.13  12-month period for which data is available multiplied by the 
 91.14  county or tribe's caseload difficulty factor. 
 91.15     (3) "Caseload difficulty factor" means a factor determined 
 91.16  by the commissioner for each county and tribe based upon the 
 91.17  self-support index described in section 256J.751, subdivision 2, 
 91.18  clause (7). 
 91.19     (2) (4) "Initial allocation" means the amount potentially 
 91.20  available to each county or tribe based on the formula in 
 91.21  paragraphs (b) through (d) (h). 
 91.22     (3) (5) "Final allocation" means the amount available to 
 91.23  each county or tribe based on the formula in paragraphs (b) 
 91.24  through (d) (h), after adjustment by subdivision 7. 
 91.25     (4) (6) "Base programs" means the: 
 91.26     (i) MFIP employment and training services under Minnesota 
 91.27  Statutes 2002, section 256J.62, subdivision 1, in effect June 
 91.28  30, 2002; 
 91.29     (ii) bilingual employment and training services to refugees 
 91.30  under Minnesota Statutes 2002, section 256J.62, subdivision 6, 
 91.31  in effect June 30, 2002; 
 91.32     (iii) work literacy language programs under Minnesota 
 91.33  Statutes 2002, section 256J.62, subdivision 7, in effect June 
 91.34  30, 2002; 
 91.35     (iv) supported work program authorized in Laws 2001, First 
 91.36  Special Session chapter 9, article 17, section 2, in effect June 
 92.1   30, 2002; 
 92.2      (v) administrative aid program under section 256J.76 in 
 92.3   effect December 31, 2002; and 
 92.4      (vi) emergency assistance program under Minnesota Statutes 
 92.5   2002, section 256J.48, in effect June 30, 2002. 
 92.6      (b)(1) Beginning July 1, 2003, The commissioner shall: 
 92.7      (1) beginning July 1, 2003, determine the initial 
 92.8   allocation of funds available under this section according to 
 92.9   clause (2).; 
 92.10     (2) allocate all of the funds available for the period 
 92.11  beginning July 1, 2003, and ending December 31, 2004, shall be 
 92.12  allocated to each county or tribe in proportion to the county's 
 92.13  or tribe's share of the statewide 2002 historic spending base.; 
 92.14     (c) (3) determine for calendar year 2005, the commissioner 
 92.15  shall determine the initial allocation of funds to be made 
 92.16  available under this section in proportion to the county or 
 92.17  tribe's initial allocation for the period of July 1, 2003, to 
 92.18  December 31, 2004.; 
 92.19     (d) The formula under this subdivision sunsets December 31, 
 92.20  2005. (4) determine for calendar year 2006 the initial 
 92.21  allocation of funds to be made available under this section 
 92.22  based 90 percent on the proportion of the county or tribe's 
 92.23  share of the statewide 2002 historic spending base and ten 
 92.24  percent on the proportion of the county or tribe's share of the 
 92.25  adjusted caseload factor; 
 92.26     (5) determine for calendar year 2007 the initial allocation 
 92.27  of funds to be made available under this section based 70 
 92.28  percent on the proportion of the county or tribe's share of the 
 92.29  statewide 2002 historic spending base and 30 percent on the 
 92.30  proportion of the county or tribe's share of the adjusted 
 92.31  caseload factor; and 
 92.32     (6) determine for calendar year 2008 and subsequent years 
 92.33  the initial allocation of funds to be made available under this 
 92.34  section based 50 percent on the proportion of the county or 
 92.35  tribe's share of the statewide 2002 historic spending base and 
 92.36  50 percent on the proportion of the county or tribe's share of 
 93.1   the adjusted caseload factor. 
 93.2      (e) (c) With the commencement of a new or expanded tribal 
 93.3   TANF program or an agreement under section 256.01, subdivision 
 93.4   2, paragraph (g), in which some or all of the responsibilities 
 93.5   of particular counties under this section are transferred to a 
 93.6   tribe, the commissioner shall: 
 93.7      (1) in the case where all responsibilities under this 
 93.8   section are transferred to a tribal program, determine the 
 93.9   percentage of the county's current caseload that is transferring 
 93.10  to a tribal program and adjust the affected county's allocation 
 93.11  accordingly; and 
 93.12     (2) in the case where a portion of the responsibilities 
 93.13  under this section are transferred to a tribal program, the 
 93.14  commissioner shall consult with the affected county or counties 
 93.15  to determine an appropriate adjustment to the allocation. 
 93.16     (f) (d) Effective January 1, 2005, counties and tribes will 
 93.17  have their final allocations adjusted based on the performance 
 93.18  provisions of subdivision 7. 
 93.19     Sec. 8.  Minnesota Statutes 2004, section 256J.626, 
 93.20  subdivision 7, is amended to read: 
 93.21     Subd. 7.  [PERFORMANCE BASE FUNDS.] (a) Beginning calendar 
 93.22  year 2005, each county and tribe will be allocated 95 percent of 
 93.23  their initial calendar year allocation.  Counties and tribes 
 93.24  will be allocated additional funds based on performance as 
 93.25  follows: 
 93.26     (1) for calendar year 2005, a county or tribe that achieves 
 93.27  a 30 percent rate or higher on the MFIP participation rate under 
 93.28  section 256J.751, subdivision 2, clause (8), as averaged across 
 93.29  the four quarterly measurements for the most recent year for 
 93.30  which the measurements are available, will receive an additional 
 93.31  allocation equal to 2.5 percent of its initial allocation; and 
 93.32     (2) for calendar year 2006, a county or tribe that achieves 
 93.33  a 40 percent rate or a five percentage point improvement over 
 93.34  the previous year's MFIP participation rate under section 
 93.35  256J.751, subdivision 2, clause (8), as averaged across the four 
 93.36  quarterly measurements for the most recent year for which the 
 94.1   measurements are available, will receive an additional 
 94.2   allocation equal to 2.5 percent of its initial allocation; and 
 94.3      (3) for calendar year 2007, a county or tribe that achieves 
 94.4   a 50 percent rate or a five percentage point improvement over 
 94.5   the previous year's MFIP participation rate under section 
 94.6   256J.751, subdivision 2, clause (8), as averaged across the four 
 94.7   quarterly measurements for the most recent year for which the 
 94.8   measurements are available, will receive an additional 
 94.9   allocation equal to 2.5 percent of its initial allocation; and 
 94.10     (4) for calendar year 2008 and yearly thereafter, a county 
 94.11  or tribe that achieves a 50 percent MFIP participation rate 
 94.12  under section 256J.751, subdivision 2, clause (8), as averaged 
 94.13  across the four quarterly measurements for the most recent year 
 94.14  for which the measurements are available, will receive an 
 94.15  additional allocation equal to 2.5 percent of its initial 
 94.16  allocation; and 
 94.17     (5) for calendar years 2005 and thereafter, a county or 
 94.18  tribe that performs above the top of its annualized range of 
 94.19  expected performance on the three-year self-support index under 
 94.20  section 256J.751, subdivision 2, clause (7), in both 
 94.21  measurements in the preceding year will receive an additional 
 94.22  allocation equal to five percent of its initial allocation; or 
 94.23     (6) for calendar years 2005 and thereafter, a county or 
 94.24  tribe that performs within its range of expected performance on 
 94.25  the annualized three-year self-support index under section 
 94.26  256J.751, subdivision 2, clause (7), in both measurements in the 
 94.27  preceding year, or above the top of its range of expected 
 94.28  performance in one measurement and within its expected range of 
 94.29  performance in the other measurement, will receive an additional 
 94.30  allocation equal to 2.5 percent of its initial allocation. 
 94.31     (b) Performance-based funds for a federally approved tribal 
 94.32  TANF program in which the state and tribe have in place a 
 94.33  contract under section 256.01, addressing consolidated funding, 
 94.34  will be allocated as follows: 
 94.35     (1) for calendar year 2006 and yearly thereafter, a tribe 
 94.36  that achieves the participation rate approved in its federal 
 95.1   TANF plan using the average of four quarterly measurements for 
 95.2   the most recent year for which the measurements are available, 
 95.3   will receive an additional allocation equal to 2.5 percent of 
 95.4   its initial allocation; and 
 95.5      (2) for calendar years 2006 and thereafter, a tribe that 
 95.6   performs above the top of its annualized range of expected 
 95.7   performance on the three-year self-support index under section 
 95.8   256J.751, subdivision 2, clause (7), will receive an additional 
 95.9   allocation equal to five percent of its initial allocation; or 
 95.10     (3) for calendar years 2006 and thereafter, a tribe that 
 95.11  performs within its range of expected performance on the 
 95.12  annualized three-year self-support index under section 256J.751, 
 95.13  subdivision 2, clause (7), will receive an additional allocation 
 95.14  equal to 2.5 percent of its initial allocation. 
 95.15     (b) (c) Funds remaining unallocated after the 
 95.16  performance-based allocations in paragraph (a) are available to 
 95.17  the commissioner for innovation projects under subdivision 5. 
 95.18     (c) (d)(1) If available funds are insufficient to meet 
 95.19  county and tribal allocations under paragraph (a), the 
 95.20  commissioner may make available for allocation funds that are 
 95.21  unobligated and available from the innovation projects through 
 95.22  the end of the current biennium. 
 95.23     (2) If after the application of clause (1) funds remain 
 95.24  insufficient to meet county and tribal allocations under 
 95.25  paragraph (a), the commissioner must proportionally reduce the 
 95.26  allocation of each county and tribe with respect to their 
 95.27  maximum allocation available under paragraph (a). 
 95.28     Sec. 9.  Minnesota Statutes 2004, section 256J.626, 
 95.29  subdivision 8, is amended to read: 
 95.30     Subd. 8.  [REPORTING REQUIREMENT AND REIMBURSEMENT.] (a) 
 95.31  The commissioner shall specify requirements for reporting 
 95.32  according to section 256.01, subdivision 2, clause (17).  Each 
 95.33  county or tribe shall be reimbursed for eligible expenditures up 
 95.34  to the limit of its allocation and subject to availability of 
 95.35  funds. 
 95.36     (b) Reimbursements for county administrative-related 
 96.1   expenditures determined through the income maintenance random 
 96.2   moment time study shall be reimbursed at a rate of 50 percent of 
 96.3   eligible expenditures.  
 96.4      (c) The commissioner of human services shall review county 
 96.5   and tribal agency expenditures of the MFIP consolidated fund as 
 96.6   appropriate and may reallocate unencumbered or unexpended money 
 96.7   appropriated under this section to those county and tribal 
 96.8   agencies that can demonstrate a need for additional money. as 
 96.9   follows: 
 96.10     (1) to the extent that particular county or tribal 
 96.11  allocations are reduced from the previous year's amount due to 
 96.12  the phase-in under subdivision 6, paragraph (b), clauses (4) to 
 96.13  (6), those tribes or counties would have first priority for 
 96.14  reallocated funds; and 
 96.15     (2) to the extent that unexpended funds are insufficient to 
 96.16  cover demonstrated need, funds will be prorated to those 
 96.17  counties and tribes in relation to demonstrated need. 
 96.18     Sec. 10.  Minnesota Statutes 2004, section 256J.751, 
 96.19  subdivision 2, is amended to read: 
 96.20     Subd. 2.  [QUARTERLY COMPARISON REPORT.] The commissioner 
 96.21  shall report quarterly to all counties on each county's 
 96.22  performance on the following measures: 
 96.23     (1) percent of MFIP caseload working in paid employment; 
 96.24     (2) percent of MFIP caseload receiving only the food 
 96.25  portion of assistance; 
 96.26     (3) number of MFIP cases that have left assistance; 
 96.27     (4) federal participation requirements as specified in 
 96.28  Title 1 of Public Law 104-193; 
 96.29     (5) median placement wage rate; 
 96.30     (6) (5) caseload by months of TANF assistance; 
 96.31     (7) (6) percent of MFIP and diversionary work program (DWP) 
 96.32  cases off cash assistance or working 30 or more hours per week 
 96.33  at one-year, two-year, and three-year follow-up points from a 
 96.34  baseline quarter.  This measure is called the self-support 
 96.35  index.  Twice annually, The commissioner shall report quarterly 
 96.36  an expected range of performance for each county, county 
 97.1   grouping, and tribe on the self-support index.  The expected 
 97.2   range shall be derived by a statistical methodology developed by 
 97.3   the commissioner in consultation with the counties and tribes.  
 97.4   The statistical methodology shall control differences across 
 97.5   counties in economic conditions and demographics of the MFIP and 
 97.6   DWP case load; and 
 97.7      (8) (7) the MFIP work participation rate, defined as the 
 97.8   participation requirements specified in title 1 of Public Law 
 97.9   104-193 applied to all MFIP cases except child only cases and 
 97.10  cases exempt under section 256J.56. 
 97.11     Sec. 11.  Minnesota Statutes 2004, section 256J.751, 
 97.12  subdivision 5, is amended to read: 
 97.13     Subd. 5.  [FAILURE TO MEET FEDERAL PERFORMANCE STANDARDS.] 
 97.14  (a) If sanctions occur for failure to meet the performance 
 97.15  standards specified in title 1 of Public Law 104-193 of the 
 97.16  Personal Responsibility and Work Opportunity Act of 1996, the 
 97.17  state shall pay 88 percent of the sanction.  The remaining 12 
 97.18  percent of the sanction will be paid by the counties.  The 
 97.19  county portion of the sanction will be distributed across all 
 97.20  counties in proportion to each county's percentage of the MFIP 
 97.21  average monthly caseload during the period for which the 
 97.22  sanction was applied. 
 97.23     (b) If a county fails to meet the performance standards 
 97.24  specified in title 1 of Public Law 104-193 of the Personal 
 97.25  Responsibility and Work Opportunity Act of 1996 for any year, 
 97.26  the commissioner shall work with counties to organize a joint 
 97.27  state-county technical assistance team to work with the county.  
 97.28  The commissioner shall coordinate any technical assistance with 
 97.29  other departments and agencies including the Departments of 
 97.30  Employment and Economic Development and Education as necessary 
 97.31  to achieve the purpose of this paragraph. 
 97.32     (c) For state performance measures, a low-performing county 
 97.33  is one that: 
 97.34     (1) performs below the bottom of their expected range for 
 97.35  the measure in subdivision 2, clause (7), in both measurements 
 97.36  during the an annualized measurement reported in October of each 
 98.1   year; or 
 98.2      (2) performs below 40 percent for the measure in 
 98.3   subdivision 2, clause (8), as averaged across the four quarterly 
 98.4   measurements for the year, or the ten counties with the lowest 
 98.5   rates if more than ten are below 40 percent. 
 98.6      (d) Low-performing counties under paragraph (c) must engage 
 98.7   in corrective action planning as defined by the commissioner.  
 98.8   The commissioner may coordinate technical assistance as 
 98.9   specified in paragraph (b) for low-performing counties under 
 98.10  paragraph (c). 
 98.11     Sec. 12.  [REPEALER.] 
 98.12     Minnesota Rules, part 9500.1206, subparts 20, 26d, and 27, 
 98.13  are repealed.