as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
|Introduction||Posted on 01/26/1998|
1.1 A bill for an act 1.2 relating to human services; providing for child 1.3 welfare reform; restricting release of certain 1.4 information; establishing citizen review panels; 1.5 clarifying jurisdiction; defining terms; imposing 1.6 duties; amending Minnesota Statutes 1996, sections 1.7 13.391; 256.01, subdivision 12, and by adding a 1.8 subdivision; 257.42; 257.43; 259.24, subdivision 1; 1.9 259.37, subdivision 2; 260.011, subdivision 2; 1.10 260.141, by adding a subdivision; 260.172, subdivision 1.11 1; 260.191, subdivision 1e; 260.221, as amended; and 1.12 626.556, subdivision 11a, and by adding a subdivision; 1.13 Minnesota Statutes 1997 Supplement, sections 144.218, 1.14 subdivision 2; 259.22, subdivision 4; 259.47, 1.15 subdivision 3; 259.60, subdivision 2; 260.012; 1.16 260.015, subdivision 29; 260.191, subdivisions 1a and 1.17 3b; 260.241, subdivision 3; and 626.556, subdivision 1.18 11. 1.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.20 Section 1. Minnesota Statutes 1996, section 13.391, is 1.21 amended to read: 1.22 13.391 [VIDEOTAPES, AUDIOTAPES, AND PHOTOGRAPHS OF CHILD 1.23 ABUSE VICTIMS.] 1.24 (a) Notwithstanding section 13.04, subdivision 3, an 1.25 individual subject of data may not obtain: 1.26 (1) a copy of a videotape or audiotape in which a child 1.27 victim or alleged victim is alleging, explaining, denying, or 1.28 describing an act of physical or sexual abuse; or 1.29 (2) photographs depicting a child's injuries resulting from 1.30 physical or sexual abuse 1.31 without a court order under section 13.03, subdivision 6, or 1.32 611A.90. The definitions of physical abuse and sexual abuse in 2.1 section 626.556, subdivision 2, apply to this section, except 2.2 that abuse is not limited to acts by a person responsible for 2.3 the child's care or in a significant relationship with the child 2.4 or position of authority. 2.5 (b) This section does not limit other rights of access to 2.6 data by an individual under section 13.04, subdivision 3, other 2.7 than the right to obtain a copy of the videotape, audiotape, or 2.8 photograph nor limit rights of access pursuant to discovery in a 2.9 court proceeding. 2.10 Sec. 2. Minnesota Statutes 1997 Supplement, section 2.11 144.218, subdivision 2, is amended to read: 2.12 Subd. 2. [ADOPTION OF FOREIGN PERSONS.] In proceedings for 2.13 the adoption of a person who was born in a foreign country, the 2.14 court, upon evidence presented by the commissioner of human 2.15 services from information secured at the port of entry, or upon 2.16 evidence from other reliable sources, may make findings of fact 2.17 as to the date and place of birth and parentage. Upon receipt 2.18 of certified copies of the court findings and the order or 2.19 decree of adoption or a certified copy of a decree issued under 2.20 section 259.60, the state registrar shall register a birth 2.21 certificate in the new name of the adopted person. The 2.22 certified copies of the court findings and the order
or, decree 2.23 of adoption, or decree issued under section 259.60 are 2.24 confidential, pursuant to section 13.02, subdivision 3, and 2.25 shall not be disclosed except pursuant to court order or section 2.26 144.1761. The birth certificate shall state the place of birth 2.27 as specifically as possible, and that the certificate is not 2.28 evidence of United States citizenship. 2.29 Sec. 3. Minnesota Statutes 1996, section 256.01, 2.30 subdivision 12, is amended to read: 2.31 Subd. 12. [CHILD MORTALITY REVIEW PANEL.] (a) The 2.32 commissioner shall establish a child mortality review panel for 2.33 reviewing deaths of children in Minnesota, including deaths 2.34 attributed to maltreatment or in which maltreatment may be a 2.35 contributing cause, and review of near fatalities as defined in 2.36 section 626.556, subdivision 11d. The commissioners of health, 3.1 children, families, and learning, and public safety and the 3.2 attorney general shall each designate a representative to the 3.3 child mortality review panel. Other panel members shall be 3.4 appointed by the commissioner, including a board-certified 3.5 pathologist and a physician who is a coroner or a medical 3.6 examiner. The purpose of the panel shall be to make 3.7 recommendations to the state and to county agencies for 3.8 improving the child protection system, including modifications 3.9 in statute, rule, policy, and procedure. 3.10 (b) The commissioner may require a county agency to 3.11 establish a local child mortality review panel. The 3.12 commissioner may establish procedures for conducting local 3.13 reviews and may require that all professionals with knowledge of 3.14 a child mortality case participate in the local review. In this 3.15 section, "professional" means a person licensed to perform or a 3.16 person performing a specific service in the child protective 3.17 service system. "Professional" includes law enforcement 3.18 personnel, social service agency attorneys, educators, and 3.19 social service, health care, and mental health care providers. 3.20 (c) If the commissioner of human services has reason to 3.21 believe that a child's death was caused by maltreatment or that 3.22 maltreatment was a contributing cause, the commissioner has 3.23 access to not public data under chapter 13 maintained by state 3.24 agencies, statewide systems, or political subdivisions that are 3.25 related to the child's death or circumstances surrounding the 3.26 care of the child. The commissioner shall also have access to 3.27 records of private hospitals as necessary to carry out the 3.28 duties prescribed by this section. Access to data under this 3.29 paragraph is limited to police investigative data; autopsy 3.30 records and coroner or medical examiner investigative data; 3.31 hospital, public health, or other medical records of the child; 3.32 hospital and other medical records of the child's parent that 3.33 relate to prenatal care; and records created by social service 3.34 agencies that provided services to the child or family within 3.35 three years preceding the child's death. A state agency, 3.36 statewide system, or political subdivision shall provide the 4.1 data upon request of the commissioner. Not public data may be 4.2 shared with members of the state or local child mortality review 4.3 panel in connection with an individual case. 4.4 (d) Notwithstanding the data's classification in the 4.5 possession of any other agency, data acquired by a local or 4.6 state child mortality review panel in the exercise of its duties 4.7 is protected nonpublic or confidential data as defined in 4.8 section 13.02, but may be disclosed as necessary to carry out 4.9 the purposes of the review panel. The data is not subject to 4.10 subpoena or discovery. The commissioner may disclose 4.11 conclusions of the review panel, but shall not disclose data 4.12 that was classified as confidential or private data on 4.13 decedents, under section 13.10, or private, confidential, or 4.14 protected nonpublic data in the disseminating agency, except 4.15 that the commissioner may disclose local social service agency 4.16 data as provided in section 626.556, subdivision 11d, on 4.17 individual cases involving a fatality or near fatality of a 4.18 person served by the local social service agency prior to the 4.19 date of death. 4.20 (e) A person attending a child mortality review panel 4.21 meeting shall not disclose what transpired at the meeting, 4.22 except to carry out the purposes of the mortality review panel. 4.23 The proceedings and records of the mortality review panel are 4.24 protected nonpublic data as defined in section 13.02, 4.25 subdivision 13, and are not subject to discovery or introduction 4.26 into evidence in a civil or criminal action against a 4.27 professional, the state or a county agency, arising out of the 4.28 matters the panel is reviewing. Information, documents, and 4.29 records otherwise available from other sources are not immune 4.30 from discovery or use in a civil or criminal action solely 4.31 because they were presented during proceedings of the review 4.32 panel. A person who presented information before the review 4.33 panel or who is a member of the panel shall not be prevented 4.34 from testifying about matters within the person's knowledge. 4.35 However, in a civil or criminal proceeding a person shall not be 4.36 questioned about the person's presentation of information to the 5.1 review panel or opinions formed by the person as a result of the 5.2 review meetings. 5.3 Sec. 4. Minnesota Statutes 1996, section 256.01, is 5.4 amended by adding a subdivision to read: 5.5 Subd. 15. [CITIZEN REVIEW PANELS.] (a) The commissioner 5.6 shall establish a minimum of three citizen review panels to 5.7 examine the policies and procedures of state and local welfare 5.8 agencies to evaluate the extent to which the agencies are 5.9 effectively discharging their child protection 5.10 responsibilities. Local social service agencies shall cooperate 5.11 and work with the citizen review panels. Where appropriate, the 5.12 panels may examine specific cases to evaluate the effectiveness 5.13 of child protection. The panels must examine the extent to 5.14 which the state and local agencies are meeting the requirements 5.15 of the federal Child Abuse Prevention and Treatment Act and the 5.16 Reporting of Maltreatment of Minors Act. Local mortality review 5.17 panels or child protection teams may carry out the duties of a 5.18 citizen review panel if membership meets or is expanded to meet 5.19 the requirements of this section. 5.20 (b) The panel membership must include volunteers who 5.21 broadly represent the community in which the panel is 5.22 established, including members who have expertise in the 5.23 prevention and treatment of child abuse and neglect. 5.24 (c) Access to data for specific case review under this 5.25 paragraph is limited to: police investigative data; autopsy 5.26 records and coroner or medical examiner investigative data; 5.27 hospital, public health, or other medical records of the child; 5.28 hospital and other medical records of the child's parent that 5.29 relate to prenatal care; and records created by social service 5.30 agencies that provided services to the child or family. A state 5.31 agency, statewide system, or political subdivision shall provide 5.32 the data upon request of the commissioner. Not public data may 5.33 be shared with members of the state or local citizen review 5.34 panel in connection with an individual case. 5.35 (d) Notwithstanding the data's classification in the 5.36 possession of any other agency, data acquired by a local or 6.1 state citizen review panel in the exercise of its duties is 6.2 protected nonpublic or confidential data as defined in section 6.3 13.02, but may be disclosed as necessary to carry out the 6.4 purposes of the review panel. The data is not subject to 6.5 subpoena or discovery. The commissioner may disclose 6.6 conclusions of the review panel, but shall not disclose data 6.7 that was classified as confidential or private data or fatality 6.8 or near fatality data. 6.9 (e) A person attending a citizen review panel meeting shall 6.10 not disclose what transpired at the meeting, except to carry out 6.11 the purposes of the review panel. The proceedings and records 6.12 of the review panel are protected nonpublic data as defined in 6.13 section 13.02, subdivision 13, and are not subject to discovery 6.14 or introduction into evidence in a civil or criminal action 6.15 against a professional, the state, or county agency arising out 6.16 of the matters the panel is reviewing. Information, documents, 6.17 and records otherwise available from other sources are not 6.18 immune from discovery or use in a civil or criminal action 6.19 solely because they were presented during proceedings of the 6.20 review panel. A person who presented information before the 6.21 review panel or who is a member of the panel is not prevented 6.22 from testifying about matters within the person's knowledge. 6.23 However, in a civil or criminal proceeding, a person must not be 6.24 questioned about the person's presentation of information to the 6.25 review panel or opinions formed by the person as a result of the 6.26 review meetings. 6.27 Sec. 5. Minnesota Statutes 1996, section 257.42, is 6.28 amended to read: 6.29 257.42 [APPROPRIATE PUBLIC AUTHORITY DEFINED.] 6.30 The "appropriate public authorities" as used in article 3 6.31 of the interstate compact on the placement of children shall, 6.32 with reference to this state, mean the Minnesota department of 6.33 human services and said. The department of human services or 6.34 its delegate shall receive and act with reference to notices 6.35 required by said article 3. 6.36 Sec. 6. Minnesota Statutes 1996, section 257.43, is 7.1 amended to read: 7.2 257.43 [APPROPRIATE AUTHORITY IN RECEIVING STATE DEFINED.] 7.3 As used in paragraph (a) of article 5 of the interstate 7.4 compact on the placement of children, the phrase "appropriate 7.5 authority in the receiving state" with reference to this state 7.6 shall mean the commissioner of human services or the 7.7 commissioner's delegate. 7.8 Sec. 7. Minnesota Statutes 1997 Supplement, section 7.9 259.22, subdivision 4, is amended to read: 7.10 Subd. 4. [TIME FOR FILING PETITION.] A petition shall be 7.11 filed not later than 2412 months after a child is placed in a 7.12 prospective adoptive home. If a petition is not filed by that 7.13 time, the agency that placed the child, or, in a direct adoptive 7.14 placement, the agency that is supervising the placement shall 7.15 file with the district court in the county where the prospective 7.16 adoptive parent resides a motion for an order and a report 7.17 recommending one of the following: 7.18 (1) that the time for filing a petition be extended because 7.19 of the child's special needs as defined under title IV-E of the 7.20 Social Security Act, United States Code, title 42, section 673; 7.21 (2) that, based on a written plan for completing filing of 7.22 the petition, including a specific timeline, to which the 7.23 prospective adoptive parents have agreed, the time for filing a 7.24 petition be extended long enough to complete the plan because 7.25 such an extension is in the best interests of the child and 7.26 additional time is needed for the child to adjust to the 7.27 adoptive home; or 7.28 (3) that the child be removed from the prospective adoptive 7.29 home. 7.30 The prospective adoptive parent must reimburse an agency 7.31 for the cost of preparing and filing the motion and report under 7.32 this section, unless the costs are reimbursed by the 7.33 commissioner under section 259.67 or 259.73. 7.34 Sec. 8. Minnesota Statutes 1996, section 259.24, 7.35 subdivision 1, is amended to read: 7.36 Subdivision 1. [EXCEPTIONS.] No child shall be adopted 8.1 without the consent of the child's parents and the child's 8.2 guardian, if there be one, except in the following instances: 8.3 (a) Consent shall not be required of a parent not entitled 8.4 to notice of the proceedings. 8.5 (b) Consent shall not be required of a parent who has 8.6 abandoned the child, or of a parent who has lost custody of the 8.7 child through a divorce decree or a decree of dissolution, and 8.8 upon whom notice has been served as required by section 259.49. 8.9 (c) Consent shall not be required of a parent whose 8.10 parental rights to the child have been terminated by a juvenile 8.11 court or who has lost custody of a child through a final 8.12 commitment of the juvenile court or through a decree in a prior 8.13 adoption proceeding. 8.14 (d) If there be no parent or guardian qualified to consent 8.15 to the adoption, the consent may be given by the commissioner. 8.16 (e) The commissioner or agency having authority to place a 8.17 child for adoption pursuant to section 259.25, subdivision 1, 8.18 shall have the exclusive right to consent to the adoption of 8.19 such child. Notwithstanding any rule to the contrary, the 8.20 commissioner may delegate the right to consent to the adoption 8.21 or separation of siblings, if it is in the child's best 8.22 interest, to a local social services agency. 8.23 Sec. 9. Minnesota Statutes 1996, section 259.37, 8.24 subdivision 2, is amended to read: 8.25 Subd. 2. [DISCLOSURE TO BIRTH PARENTS AND ADOPTIVE 8.26 PARENTS.] An agency shall provide a disclosure statement written 8.27 in clear, plain language to be signed by the prospective 8.28 adoptive parents and birth parents, except that in intercountry 8.29 adoptions, the signatures of birth parents are not required. 8.30 The disclosure statement must contain the following information: 8.31 (1) fees charged to the adoptive parent, including any 8.32 policy on sliding scale fees or fee waivers and an itemization 8.33 of the amount that will be charged for the adoption study, 8.34 counseling, postplacement services, family of origin searches, 8.35 birth parent expenses authorized under section 259.55, or any 8.36 other services; 9.1 (2) timeline for the adoptive parent to make fee payments; 9.2 (3) likelihood, given the circumstances of the prospective 9.3 adoptive parent and any specific program to which the 9.4 prospective adoptive parent is applying, that an adoptive 9.5 placement may be made and the estimated length of time for 9.6 making an adoptive placement. These estimates must be based on 9.7 adoptive placements made with prospective parents in similar 9.8 circumstances applying to a similar program with the agency 9.9 during the immediately preceding three to five years. If an 9.10 agency has not been in operation for at least three years, it 9.11 must provide summary data based on whatever adoptive placements 9.12 it has made and may include a statement about the kind of 9.13 efforts it will make to achieve an adoptive placement, including 9.14 a timetable it will follow in seeking a child. The estimates 9.15 must include a statement that the agency cannot guarantee 9.16 placement of a child or a time by which a child will be placed; 9.17 (4) a statement of the services the agency will provide the 9.18 birth and adoptive parents; 9.19 (5) a statement prepared by the commissioner under section 9.20 259.39 that explains the child placement and adoption process 9.21 and the respective legal rights and responsibilities of the 9.22 birth parent and prospective adoptive parent during the process 9.23 including a statement that the prospective adoptive parent is 9.24 responsible for filing an adoption petition not later than 2412 9.25 months after the child is placed in the prospective adoptive 9.26 home; 9.27 (6) a statement regarding any information the agency may 9.28 have about attorney referral services, or about obtaining 9.29 assistance with completing legal requirements for an adoption; 9.30 and 9.31 (7) an acknowledgment to be signed by the birth parent and 9.32 prospective adoptive parent that they have received, read, and 9.33 had the opportunity to ask questions of the agency about the 9.34 contents of the disclosure statement. 9.35 Sec. 10. Minnesota Statutes 1997 Supplement, section 9.36 259.47, subdivision 3, is amended to read: 10.1 Subd. 3. [PREADOPTIVE CUSTODY ORDER.] (a) Before a child 10.2 is placed in a prospective adoptive home by a birth parent or 10.3 legal guardian, other than an agency, the placement must be 10.4 approved by the district court in the county where the 10.5 prospective adoptive parent resides. An order under this 10.6 subdivision or subdivision 6 shall state that the prospective 10.7 adoptive parent's right to custody of the child is subject to 10.8 the birth parent's right to custody until the consents to the 10.9 child's adoption become irrevocable. At the time of placement, 10.10 prospective adoptive parents must have for the child qualifying 10.11 existing coverage as defined in section 62L.02, subdivision 24, 10.12 or other similar comprehensive health care coverage. The 10.13 preadoptive custody order must include any agreement reached 10.14 between the prospective adoptive parent and the birth parent 10.15 regarding authority to make decisions for medical care of the 10.16 child and responsibility for payment not provided by the 10.17 adoptive parent's existing health care coverage. The 10.18 prospective adoptive parent must meet the residence requirements 10.19 of section 259.22, subdivision 1, and must file with the court 10.20 an affidavit of intent to remain a resident of the state for at 10.21 least three months after the child is placed in the prospective 10.22 adoptive home. The prospective adoptive parent shall file with 10.23 the court a notice of intent to file an adoption petition and 10.24 submit a written motion seeking an order granting temporary 10.25 preadoptive custody. The notice and motion required under this 10.26 subdivision may be considered by the court ex parte, without a 10.27 hearing. The prospective adoptive parent shall serve a copy of 10.28 the notice and motion upon any parent whose consent is required 10.29 under section 259.24 or who is named in the affidavit required 10.30 under paragraph (b) if that person's mailing address is known. 10.31 The motion may be filed up to 60 days before the placement is to 10.32 be made and must include: 10.33 (1) the adoption study required under section 259.41; 10.34 (2) affidavits from the birth parents indicating their 10.35 support of the motion, or, if there is no affidavit from the 10.36 birth father, an affidavit from the birth mother under paragraph 11.1 (b); 11.2 (3) an itemized statement of expenses that have been paid 11.3 and an estimate of expenses that will be paid by the prospective 11.4 adoptive parents to the birth parents, any agency, attorney, or 11.5 other party in connection with the prospective adoption; 11.6 (4) the name of counsel for each party, if any; 11.7 (5) a statement that the birth parents: 11.8 (i) have provided the social and medical history required 11.9 under section 259.43 to the prospective adoptive parent; 11.10 (ii) have received the written statement of their legal 11.11 rights and responsibilities under section 259.39; and 11.12 (iii) have been notified of their right to receive 11.13 counseling under subdivision 4; and 11.14 (6) the name of the agency chosen by the adoptive parent to 11.15 supervise the adoptive placement and complete the postplacement 11.16 assessment required by section 259.53, subdivision 2. 11.17 The court shall review the expense statement submitted 11.18 under this subdivision to determine whether payments made or to 11.19 be made by the prospective adoptive parent are lawful and in 11.20 accordance with section 259.55, subdivision 1. 11.21 (b) If the birth mother submits the affidavit required in 11.22 paragraph (a), clause (2), but the birth father fails to do so, 11.23 the birth mother must submit an additional affidavit that 11.24 describes her good faith efforts or efforts made on her behalf 11.25 to identify and locate the birth father for purposes of securing 11.26 his consent. In the following circumstances the birth mother 11.27 may instead submit an affidavit stating on which ground she is 11.28 exempt from making efforts to identify and locate the father: 11.29 (1) the child was conceived as the result of incest or 11.30 rape; 11.31 (2) efforts to locate the father by the affiant or anyone 11.32 acting on the affiant's behalf could reasonably result in 11.33 physical harm to the birth mother or child; or 11.34 (3) efforts to locate the father by the affiant or anyone 11.35 acting on the affiant's behalf could reasonably result in severe 11.36 emotional distress of the birth mother or child. 12.1 A court shall consider the motion for temporary preadoptive 12.2 custody within 30 days of receiving the motion or by the 12.3 anticipated placement date stated in the motion, whichever comes 12.4 sooner. 12.5 Sec. 11. Minnesota Statutes 1997 Supplement, section 12.6 259.60, subdivision 2, is amended to read: 12.7 Subd. 2. [AMENDED BIRTH CERTIFICATE; PROCEDURE AND ORDER.] 12.8 (a) Under the procedures in paragraph (b), a person, whose 12.9 adoption of a child under the laws of a foreign country is valid 12.10 in this state under subdivision 1, may petition the district 12.11 court in the county where the adoptive parent resides for a 12.12 decree confirming and recognizing the adoption, changing the 12.13 child's legal name, if requested in the petition, and 12.14 forauthorizing the commissioner of health to issue a new birth 12.15 certificate for the child pursuant to section 144.218, 12.16 subdivision 2. 12.17 (b) A court shall issue the decree and birth12.18 certificatedescribed in paragraph (a) upon receipt of the 12.19 following documents: 12.20 (1) a petition by the adoptive parent requesting that the12.21 court issue a Minnesota birth certificate, andstating that the 12.22 adoptive parent completed adoption of the child under the laws 12.23 of a foreign country and that the adoption is valid in this 12.24 state under subdivision 1 and requesting that the court issue a 12.25 decree confirming and recognizing the adoption, changing the 12.26 child's legal name, if desired, and authorizing the commissioner 12.27 of health to issue a new birth certificate for the child 12.28 pursuant to section 144.218, subdivision 2. The petition must 12.29 be in the form of a signed, sworn, and notarized statement; 12.30 (2) a copy of the child's original birth certificate, if 12.31 available; 12.32 (3) a copy of the final adoption certificate or equivalent 12.33 as issued by the foreign jurisdiction; 12.34 (4) a copy of the child's passport including the United 12.35 States visa indicating IR-3 immigration status; and 12.36 (5) certified English translations of any of the documents 13.1 in clauses (2) to (4) that are not written in the English 13.2 language. 13.3 (c) Upon issuing a decree pursuant to this section, the 13.4 court shall forward to the commissioners of health and human 13.5 services a copy of the decree. The court shall also complete 13.6 and forward to the commissioner of health the certificate of 13.7 adoption, unless another form has been specified by the 13.8 commissioner of health. 13.9 Sec. 12. Minnesota Statutes 1996, section 260.011, 13.10 subdivision 2, is amended to read: 13.11 Subd. 2. (a) The paramount consideration in all 13.12 proceedings concerning a child alleged or found to be in need of 13.13 protection or services is the health, safety, and best interests 13.14 of the child. In proceedings involving an American Indian 13.15 child, as defined in section 257.351, subdivision 6, the best 13.16 interests of the child must be determined consistent with 13.17 sections 257.35 to 257.3579 and the Indian Child Welfare Act, 13.18 United States Code, title 25, sections 1901 to 1923. The 13.19 purpose of the laws relating to juvenile courts is to secure for 13.20 each child alleged or adjudicated in need of protection or 13.21 services and under the jurisdiction of the court, the care and 13.22 guidance, preferably in the child's own home, as will best serve 13.23 the spiritual, emotional, mental, and physical welfare of the 13.24 child; to provide judicial procedures which protect the welfare 13.25 of the child; to preserve and strengthen the child's family ties 13.26 whenever possible and in the child's best interests, removing 13.27 the child from the custody of parents only when the child's 13.28 welfare or safety cannot be adequately safeguarded without 13.29 removal; and, when removal from the child's own family is 13.30 necessary and in the child's best interests, to secure for the 13.31 child custody, care and discipline as nearly as possible 13.32 equivalent to that which should have been given by the parents. 13.33 (b) The purpose of the laws relating to termination of 13.34 parental rights is to ensure that: 13.35 (1) reasonable efforts have been made by the social service 13.36 agency to reunite the child with the child's parents in a 14.1 placement that is safe and permanent; and 14.2 (2) if placement with the parents is not reasonably 14.3 foreseeable, to secure for the child a safe and permanent 14.4 placement, preferably with adoptive parents. 14.5 Nothing in this section requires reasonable efforts to be 14.6 made in circumstances where the court has determined that the 14.7 child has been subjected to egregious harm or the parental 14.8 rights of the parent to a sibling have been terminated. 14.9 The paramount consideration in all proceedings for the 14.10 termination of parental rights is the best interests of the 14.11 child. In proceedings involving an American Indian child, as 14.12 defined in section 257.351, subdivision 6, the best interests of 14.13 the child must be determined consistent with the Indian Child 14.14 Welfare Act of 1978, United States Code, title 25, section 1901, 14.15 et seq. 14.16 (c) The purpose of the laws relating to children alleged or 14.17 adjudicated to be delinquent is to promote the public safety and 14.18 reduce juvenile delinquency by maintaining the integrity of the 14.19 substantive law prohibiting certain behavior and by developing 14.20 individual responsibility for lawful behavior. This purpose 14.21 should be pursued through means that are fair and just, that 14.22 recognize the unique characteristics and needs of children, and 14.23 that give children access to opportunities for personal and 14.24 social growth. 14.25 (d) The laws relating to juvenile courts shall be liberally 14.26 construed to carry out these purposes. 14.27 Sec. 13. Minnesota Statutes 1997 Supplement, section 14.28 260.012, is amended to read: 14.29 260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 14.30 REUNIFICATION; REASONABLE EFFORTS.] 14.31 (a) If a child in need of protection or services is under 14.32 the court's jurisdiction, the court shall ensure that reasonable 14.33 efforts including culturally appropriate services by the social 14.34 service agency are made to prevent placement or to eliminate the 14.35 need for removal and to reunite the child with the child's 14.36 family at the earliest possible time, consistent with the best 15.1 interests, safety, and protection of the child. The court may, 15.2 upon motion and hearing, order the cessation of reasonable 15.3 efforts if the court finds that provision of services or further 15.4 services for the purpose of rehabilitation and reunification is 15.5 futile and therefore unreasonable under the circumstances. In 15.6 determining reasonable efforts to be made with respect to a 15.7 child and in making such reasonable efforts, the child's health 15.8 and safety must be of paramount concern. Reasonable efforts are 15.9 not required if the court determines that the parent has 15.10 subjected the child to egregious harm as defined in section 15.11 260.015, subdivision 29, or the parental rights of the parent to 15.12 a sibling have been terminated involuntarily. If reasonable 15.13 efforts are not made under this section, a permanency hearing 15.14 must be held or a termination of parental rights petition filed 15.15 within 30 days of the determination. In the case of an Indian 15.16 child, in proceedings under sections 260.172, 260.191, and 15.17 260.221 the juvenile court must make findings and conclusions 15.18 consistent with the Indian Child Welfare Act of 1978, United 15.19 States Code, title 25, section 1901 et seq., as to the provision 15.20 of active efforts. If a child is under the court's delinquency 15.21 jurisdiction, it shall be the duty of the court to ensure that 15.22 reasonable efforts are made to reunite the child with the 15.23 child's family at the earliest possible time, consistent with 15.24 the best interests of the child and the safety of the public. 15.25 (b) "Reasonable efforts" means the exercise of due 15.26 diligence by the responsible social service agency to use 15.27 appropriate and available services to meet the needs of the 15.28 child and the child's family in order to prevent removal of the 15.29 child from the child's family; or upon removal, services to 15.30 eliminate the need for removal and reunite the family. Services 15.31 may include those listed under section 256F.07, subdivision 3, 15.32 and other appropriate services available in the community. The 15.33 social service agency has the burden of demonstrating that it 15.34 has made reasonable efforts or that provision of services or 15.35 further services for the purpose of rehabilitation and 15.36 reunification is futile and therefore unreasonable under the 16.1 circumstances. Reunification of a surviving child with a parent 16.2 is not required if the parent has been convicted of: 16.3 (1) a violation of, or an attempt or conspiracy to commit a 16.4 violation of, sections 609.185 to 609.20; 609.222, subdivision 16.5 2; or 609.223 in regard to another child of the parent; 16.6 (2) a violation of section 609.222, subdivision 2; or 16.7 609.223, in regard to the surviving child; or 16.8 (3) a violation of, or an attempt or conspiracy to commit a 16.9 violation of, United States Code, title 18, section 1111(a) or 16.10 1112(a), in regard to another child of the parent. 16.11 (c) The juvenile court, in proceedings under sections 16.12 260.172, 260.191, and 260.221 shall make findings and 16.13 conclusions as to the provision of reasonable efforts. When 16.14 determining whether reasonable efforts have been made, the court 16.15 shall consider whether services to the child and family were: 16.16 (1) relevant to the safety and protection of the child; 16.17 (2) adequate to meet the needs of the child and family; 16.18 (3) culturally appropriate; 16.19 (4) available and accessible; 16.20 (5) consistent and timely; and 16.21 (6) realistic under the circumstances. 16.22 In the alternative, the court may determine that provision 16.23 of services or further services for the purpose of 16.24 rehabilitation is futile and therefore unreasonable under the 16.25 circumstances or that reasonable efforts are not required as 16.26 provided in paragraph (a). 16.27 (d) This section does not prevent out-of-home placement for 16.28 treatment of a child with a mental disability when the child's 16.29 diagnostic assessment or individual treatment plan indicates 16.30 that appropriate and necessary treatment cannot be effectively 16.31 provided outside of a residential or inpatient treatment program. 16.32 (e) If continuation of reasonable efforts described in 16.33 paragraph (b) is determined to be inconsistent with the 16.34 permanency plan for the child, reasonable efforts must be made 16.35 to place the child in a timely manner in accordance with the 16.36 permanency plan and to complete whatever steps are necessary to 17.1 finalize the permanency plan for the child. 17.2 (f) Reasonable efforts to place a child for adoption or 17.3 with a legal guardian may be made concurrently with reasonable 17.4 efforts as described in paragraphs (a) and (b). 17.5 Sec. 14. Minnesota Statutes 1997 Supplement, section 17.6 260.015, subdivision 29, is amended to read: 17.7 Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the 17.8 infliction of bodily harm to a child or neglect of a child which 17.9 demonstrates a grossly inadequate ability to provide minimally 17.10 adequate parental care. The egregious harm need not have 17.11 occurred in the state or in the county where a termination of 17.12 parental rights action is otherwise properly venued. Egregious 17.13 harm includes, but is not limited to: 17.14 (1) conduct towards a child that constitutes a violation of 17.15 sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 17.16 any other similar law of any other state; 17.17 (2) the infliction of "substantial bodily harm" to a child, 17.18 as defined in section 609.02, subdivision 8; 17.19 (3) conduct towards a child that constitutes felony 17.20 malicious punishment of a child under section 609.377; 17.21 (4) conduct towards a child that constitutes felony 17.22 unreasonable restraint of a child under section 609.255, 17.23 subdivision 3; 17.24 (5) conduct towards a child that constitutes felony neglect 17.25 or endangerment of a child under section 609.378; 17.26 (6) conduct towards a child that constitutes assault under 17.27 section 609.221, 609.222, or 609.223; 17.28 (7) conduct towards a child that constitutes solicitation, 17.29 inducement, or promotion of prostitution under section 609.322; 17.30 (8) conduct towards a child that constitutes receiving 17.31 profit derived from prostitution under section 609.323; or17.32 (9) conduct toward a child that constitutes a violation of 17.33 United States Code, title 18, section 1111(a) or 1112(a); or 17.34 (10) conduct toward a child that constitutes aiding or 17.35 abetting, attempting, conspiring, or soliciting to commit a 17.36 murder or voluntary manslaughter that constitutes a violation of 18.1 United States Code, title 18, section 1111(a) or 1112(a). 18.2 Sec. 15. Minnesota Statutes 1996, section 260.141, is 18.3 amended by adding a subdivision to read: 18.4 Subd. 4. [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS 18.5 AND RELATIVES.] The foster parents, if any, of a child and any 18.6 preadoptive parent or relative providing care for the child must 18.7 be provided notice of and an opportunity to be heard in any 18.8 review or hearing to be held with respect to the child. This 18.9 section must not be construed to require that any foster parent, 18.10 preadoptive parent, or relative providing care for the child be 18.11 made a party to such a review or hearing solely on the basis of 18.12 such notice and opportunity to be heard. 18.13 Sec. 16. Minnesota Statutes 1996, section 260.172, 18.14 subdivision 1, is amended to read: 18.15 Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) If 18.16 a child was taken into custody under section 260.165, 18.17 subdivision 1, clause (a) or (c)(2), the court shall hold a 18.18 hearing within 72 hours of the time the child was taken into 18.19 custody, excluding Saturdays, Sundays, and holidays, to 18.20 determine whether the child should continue in custody. 18.21 (b) In all other cases, the court shall hold a detention 18.22 hearing: 18.23 (1) within 36 hours of the time the child was taken into 18.24 custody, excluding Saturdays, Sundays, and holidays, if the 18.25 child is being held at a juvenile secure detention facility or 18.26 shelter care facility; or 18.27 (2) within 24 hours of the time the child was taken into 18.28 custody, excluding Saturdays, Sundays, and holidays, if the 18.29 child is being held at an adult jail or municipal lockup. 18.30 (c) Unless there is reason to believe that the child would 18.31 endanger self or others, not return for a court hearing, run 18.32 away from the child's parent, guardian, or custodian or 18.33 otherwise not remain in the care or control of the person to 18.34 whose lawful custody the child is released, or that the child's 18.35 health or welfare would be immediately endangered, the child 18.36 shall be released to the custody of a parent, guardian, 19.1 custodian, or other suitable person, subject to reasonable 19.2 conditions of release including, but not limited to, a 19.3 requirement that the child undergo a chemical use assessment as 19.4 provided in section 260.151, subdivision 1. In determining 19.5 whether the child's health or welfare would be immediately 19.6 endangered, the court shall consider whether the child would 19.7 reside with a perpetrator of domestic child abuse. In a 19.8 proceeding regarding a child in need of protection or services, 19.9 the court, before determining whether a child should continue in 19.10 custody, shall also make a determination, consistent with 19.11 section 260.012 as to whether reasonable efforts, or in the case 19.12 of an Indian child, active efforts, according to the Indian 19.13 Child Welfare Act of 1978, United States Code, title 25, section 19.14 1912(d), were made to prevent placement or to reunite the child 19.15 with the child's family, or that reasonable efforts were not 19.16 possible. The court shall also determine whether there are 19.17 available services that would prevent the need for further 19.18 detention. 19.19 If the court finds the social services agency's preventive 19.20 or reunification efforts have not been reasonable but further 19.21 preventive or reunification efforts could not permit the child 19.22 to safely remain at home, the court may nevertheless authorize 19.23 or continue the removal of the child. 19.24 The court may determine at the detention hearing, or at any 19.25 time prior to an adjudicatory hearing, that the reasonable 19.26 efforts are not required because the facts, if proved, will 19.27 demonstrate that the parent has subjected the child to egregious 19.28 harm as defined in section 260.015, subdivision 29, or the 19.29 parental rights of the parent to a sibling of the child have 19.30 been terminated involuntarily. 19.31 Sec. 17. Minnesota Statutes 1997 Supplement, section 19.32 260.191, subdivision 1a, is amended to read: 19.33 Subd. 1a. [WRITTEN FINDINGS.] Any order for a disposition 19.34 authorized under this section shall contain written findings of 19.35 fact to support the disposition ordered, and shall also set 19.36 forth in writing the following information: 20.1 (a) Why the best interests of the child are served by the 20.2 disposition ordered; 20.3 (b) What alternative dispositions were considered by the 20.4 court and why such dispositions were not appropriate in the 20.5 instant case; 20.6 (c) How the court's disposition complies with the 20.7 requirements of section 260.181, subdivision 3; and 20.8 (d) Whether reasonable efforts consistent with section 20.9 260.012 were made to prevent or eliminate the necessity of the 20.10 child's removal and to reunify the family after removal. The 20.11 court's findings must include a brief description of what 20.12 preventive and reunification efforts were made and why further 20.13 efforts could not have prevented or eliminated the necessity of 20.14 removal or whether reasonable efforts were not required under 20.15 section 260.012 or 260.172, subdivision 1. 20.16 If the court finds that the social services agency's 20.17 preventive or reunification efforts have not been reasonable but 20.18 that further preventive or reunification efforts could not 20.19 permit the child to safely remain at home, the court may 20.20 nevertheless authorize or continue the removal of the child. 20.21 Sec. 18. Minnesota Statutes 1996, section 260.191, 20.22 subdivision 1e, is amended to read: 20.23 Subd. 1e. [CASE PLAN.] For each disposition ordered, the 20.24 court shall order the appropriate agency to prepare a written 20.25 case plan developed after consultation with any foster parents, 20.26 and consultation with and participation by the child and the 20.27 child's parent, guardian, or custodian, guardian ad litem, and 20.28 tribal representative if the tribe has intervened. The case 20.29 plan shall comply with the requirements of section 257.071, 20.30 where applicable. The case plan shall, among other matters, 20.31 specify the actions to ensure the child's safety and to be taken 20.32 by the child and the child's parent, guardian, foster parent, or 20.33 custodian to comply with the court's disposition order, and the 20.34 services to be offered and provided by the agency to the child 20.35 and the child's parent, guardian, or custodian. The court shall 20.36 review the case plan and, upon approving it, incorporate the 21.1 plan into its disposition order. The court may review and 21.2 modify the terms of the case plan in the manner provided in 21.3 subdivision 2. For each disposition ordered, the written case 21.4 plan shall specify what reasonable efforts shall be provided to 21.5 the family. The case plan must include a discussion of: 21.6 (1) the availability of appropriate prevention and 21.7 reunification services for the family to safely prevent the 21.8 removal of the child from the home or to safely reunify the 21.9 child with the family after removal; 21.10 (2) any services or resources that were requested by the 21.11 child or the child's parent, guardian, foster parent, or 21.12 custodian since the date of initial adjudication, and whether 21.13 those services or resources were provided or the basis for 21.14 denial of the services or resources; 21.15 (3) the need of the child and family for care, treatment, 21.16 or rehabilitation; 21.17 (4) the need for participation by the parent, guardian, or 21.18 custodian in the plan of care for the child; 21.19 (5) the visitation rights and obligations of the parent or 21.20 other relatives, as defined in section 260.181, subdivision 3, 21.21 during any period when the child is placed outside the home; and 21.22 (6) a description of any services that could safely prevent 21.23 placement or reunify the family if such services were available. 21.24 A party has a right to request a court review of the 21.25 reasonableness of the case plan upon a showing of a substantial 21.26 change of circumstances. 21.27 Sec. 19. Minnesota Statutes 1997 Supplement, section 21.28 260.191, subdivision 3b, is amended to read: 21.29 Subd. 3b. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 21.30 PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing 21.31 to determine the permanent status of a child not later than 12 21.32 months after the child is placed out of the home of the parent. 21.33 For purposes of this subdivision, the date of the child's 21.34 placement out of the home of the parent is the earlier of the 21.35 first court-ordered placement or the first court-approved21.36 placement under section 257.071, subdivision 3, of a child who22.1 had been in voluntary placement60 days after the date on which 22.2 the child has been voluntarily placed out of the home. 22.3 For purposes of this subdivision, 12 months is calculated 22.4 as follows: 22.5 (1) during the pendency of a petition alleging that a child 22.6 is in need of protection or services, all time periods when a 22.7 child is placed out of the home of the parent are cumulated; 22.8 (2) if a child has been placed out of the home of the 22.9 parent within the previous five years in connection with one or 22.10 more prior petitions for a child in need of protection or 22.11 services, the lengths of all prior time periods when the child 22.12 was placed out of the home within the previous five years and 22.13 under the current petition, are cumulated. If a child under 22.14 this clause has been out of the home for 12 months or more, the 22.15 court, if it is in the best interests of the child, may extend 22.16 the total time the child may continue out of the home under the 22.17 current petition up to an additional six months before making a 22.18 permanency determination. 22.19 (b) Not later than ten days prior to this hearing, the 22.20 responsible social service agency shall file pleadings to 22.21 establish the basis for the permanent placement determination. 22.22 Notice of the hearing and copies of the pleadings must be 22.23 provided pursuant to section 260.141. If a termination of 22.24 parental rights petition is filed before the date required for 22.25 the permanency planning determination, no hearing need be 22.26 conducted under this subdivision. The court shall determine 22.27 whether the child is to be returned home or, if not, what 22.28 permanent placement is consistent with the child's best 22.29 interests. The "best interests of the child" means all relevant 22.30 factors to be considered and evaluated. 22.31 (c) If the child is not returned to the home, the 22.32 dispositions available for permanent placement determination are: 22.33 (1) permanent legal and physical custody to a relative in 22.34 the best interests of the child. In transferring permanent 22.35 legal and physical custody to a relative, the juvenile court 22.36 shall follow the standards and procedures applicable under 23.1 chapter 257 or 518. An order establishing permanent legal or 23.2 physical custody under this subdivision must be filed with the 23.3 family court. A transfer of legal and physical custody includes 23.4 responsibility for the protection, education, care, and control 23.5 of the child and decision making on behalf of the child. The 23.6 social service agency may petition on behalf of the proposed 23.7 custodian; 23.8 (2) termination of parental rights and adoption; the social 23.9 service agency shall file a petition for termination of parental 23.10 rights under section 260.231 and all the requirements of 23.11 sections 260.221 to 260.245 remain applicable. An adoption 23.12 completed subsequent to a determination under this subdivision 23.13 may include an agreement for communication or contact under 23.14 section 259.58; or 23.15 (3) long-term foster care; transfer of legal custody and 23.16 adoption are preferred permanency options for a child who cannot 23.17 return home. The court may order a child into long-term foster 23.18 care only if it finds that neither an award of legal and 23.19 physical custody to a relative, nor termination of parental 23.20 rights nor adoption is in the child's best interests. Further, 23.21 the court may only order long-term foster care for the child 23.22 under this section if it finds the following: 23.23 (i) the child has reached age 12 and reasonable efforts by 23.24 the responsible social service agency have failed to locate an 23.25 adoptive family for the child; or 23.26 (ii) the child is a sibling of a child described in clause 23.27 (i) and the siblings have a significant positive relationship 23.28 and are ordered into the same long-term foster care home; or 23.29 (4) foster care for a specified period of time may be 23.30 ordered only if: 23.31 (i) the sole basis for an adjudication that a child is in 23.32 need of protection or services is that the child is a runaway, 23.33 is an habitual truant, or committed a delinquent act before age 23.34 ten; and 23.35 (ii) the court finds that foster care for a specified 23.36 period of time is in the best interests of the child. 24.1 (d) In ordering a permanent placement of a child, the court 24.2 must be governed by the best interests of the child, including a 24.3 review of the relationship between the child and relatives and 24.4 the child and other important persons with whom the child has 24.5 resided or had significant contact. 24.6 (e) Once a permanent placement determination has been made 24.7 and permanent placement has been established, further court 24.8 reviews and dispositional hearings are only necessary if the 24.9 placement is made under paragraph (c), clause (4), review is 24.10 otherwise required by federal law, an adoption has not yet been 24.11 finalized, or there is a disruption of the permanent or 24.12 long-term placement. 24.13 (f) An order under this subdivision must include the 24.14 following detailed findings: 24.15 (1) how the child's best interests are served by the order; 24.16 (2) the nature and extent of the responsible social service 24.17 agency's reasonable efforts, or, in the case of an Indian child, 24.18 active efforts, to reunify the child with the parent or parents; 24.19 (3) the parent's or parents' efforts and ability to use 24.20 services to correct the conditions which led to the out-of-home 24.21 placement; 24.22 (4) whether the conditions which led to the out-of-home 24.23 placement have been corrected so that the child can return home; 24.24 and 24.25 (5) if the child cannot be returned home, whether there is 24.26 a substantial probability of the child being able to return home 24.27 in the next six months. 24.28 (g) An order for permanent legal and physical custody of a 24.29 child may be modified under sections 518.18 and 518.185. The 24.30 social service agency is a party to the proceeding and must 24.31 receive notice. An order for long-term foster care is 24.32 reviewable upon motion and a showing by the parent of a 24.33 substantial change in the parent's circumstances such that the 24.34 parent could provide appropriate care for the child and that 24.35 removal of the child from the child's permanent placement and 24.36 the return to the parent's care would be in the best interest of 25.1 the child. 25.2 Sec. 20. Minnesota Statutes 1996, section 260.221, as 25.3 amended by Laws 1997, chapters 218, sections 10 and 11, and 239, 25.4 article 6, section 30, is amended to read: 25.5 260.221 [ GROUNDS FORTERMINATION OF PARENTAL RIGHTS.] 25.6 Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile 25.7 court may upon petition, terminate all rights of a parent to a 25.8 child: 25.9 (a) with the written consent of a parent who for good cause 25.10 desires to terminate parental rights; or 25.11 (b) if it finds that one or more of the following 25.12 conditions exist: 25.13 (1) that the parent has abandoned the child; or25.14 (2) that the parent has substantially, continuously, or 25.15 repeatedly refused or neglected to comply with the duties 25.16 imposed upon that parent by the parent and child relationship, 25.17 including but not limited to providing the child with necessary 25.18 food, clothing, shelter, education, and other care and control 25.19 necessary for the child's physical, mental, or emotional health 25.20 and development, if the parent is physically and financially 25.21 able, and reasonable efforts by the social service agency have 25.22 failed to correct the conditions that formed the basis of the 25.23 petition; or25.24 (3) that a parent has been ordered to contribute to the 25.25 support of the child or financially aid in the child's birth and 25.26 has continuously failed to do so without good cause. This 25.27 clause shall not be construed to state a grounds for termination 25.28 of parental rights of a noncustodial parent if that parent has 25.29 not been ordered to or cannot financially contribute to the 25.30 support of the child or aid in the child's birth; or25.31 (4) that a parent is palpably unfit to be a party to the 25.32 parent and child relationship because of a consistent pattern of 25.33 specific conduct before the child or of specific conditions 25.34 directly relating to the parent and child relationship either of 25.35 which are determined by the court to be of a duration or nature 25.36 that renders the parent unable, for the reasonably foreseeable 26.1 future, to care appropriately for the ongoing physical, mental, 26.2 or emotional needs of the child. It is presumed that a parent 26.3 is palpably unfit to be a party to the parent and child 26.4 relationship upon a showing that: 26.5 (i) the child was adjudicated in need of protection or 26.6 services due to circumstances described in section 260.015, 26.7 subdivision 2a, clause (1), (2), (3), (5), or (8); and 26.8 (ii) the parent's parental rights to one or more other 26.9 children were involuntarily terminated under clause (1), (2), 26.10 (4), or (7), or under clause (5) if the child was initially 26.11 determined to be in need of protection or services due to 26.12 circumstances described in section 260.015, subdivision 2a, 26.13 clause (1), (2), (3), (5), or (8); or26.14 (5) that following upon a determination of neglect or 26.15 dependency, or of a child's need for protection or services, 26.16 reasonable efforts, under the direction of the court, have 26.17 failed to correct the conditions leading to the determination. 26.18 It is presumed that reasonable efforts under this clause have 26.19 failed upon a showing that: 26.20 (i) a child has resided out of the parental home under 26.21 court order for a cumulative period of more than one year within 26.22 a five-year period following an adjudication of dependency, 26.23 neglect, need for protection or services under section 260.015, 26.24 subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 26.25 neglected and in foster care, and an order for disposition under 26.26 section 260.191, including adoption of the case plan required by 26.27 section 257.071; 26.28 (ii) conditions leading to the determination will not be 26.29 corrected within the reasonably foreseeable future. It is 26.30 presumed that conditions leading to a child's out-of-home 26.31 placement will not be corrected in the reasonably foreseeable 26.32 future upon a showing that the parent or parents have not 26.33 substantially complied with the court's orders and a reasonable 26.34 case plan, and the conditions which led to the out-of-home 26.35 placement have not been corrected; and 26.36 (iii) reasonable efforts have been made by the social 27.1 service agency to rehabilitate the parent and reunite the family. 27.2 This clause does not prohibit the termination of parental 27.3 rights prior to one year after a child has been placed out of 27.4 the home. 27.5 It is also presumed that reasonable efforts have failed 27.6 under this clause upon a showing that: 27.7 (i) the parent has been diagnosed as chemically dependent 27.8 by a professional certified to make the diagnosis; 27.9 (ii) the parent has been required by a case plan to 27.10 participate in a chemical dependency treatment program; 27.11 (iii) the treatment programs offered to the parent were 27.12 culturally, linguistically, and clinically appropriate; 27.13 (iv) the parent has either failed two or more times to 27.14 successfully complete a treatment program or has refused at two 27.15 or more separate meetings with a caseworker to participate in a 27.16 treatment program; and 27.17 (v) the parent continues to abuse chemicals. 27.18 Provided, that this presumption applies only to parents required 27.19 by a case plan to participate in a chemical dependency treatment 27.20 program on or after July 1, 1990; or27.21 (6) that a child has experienced egregious harm in the 27.22 parent's care which is of a nature, duration, or chronicity that 27.23 indicates a lack of regard for the child's well-being, such that 27.24 a reasonable person would believe it contrary to the best 27.25 interest of the child or of any child to be in the parent's 27.26 care; or27.27 (7) that in the case of a child born to a mother who was 27.28 not married to the child's father when the child was conceived 27.29 nor when the child was born the person is not entitled to notice 27.30 of an adoption hearing under section 259.49 and the person has 27.31 not registered with the putative fathers' adoption registry 27.32 under section 259.52; or27.33 (8) that the child is neglected and in foster care; or 27.34 (9) that the parent has been convicted of a crime listed in 27.35 section 260.012, paragraph (b), clauses (1) to (3). 27.36 In an action involving an American Indian child, sections 28.1 257.35 to 257.3579 and the Indian Child Welfare Act, United 28.2 States Code, title 25, sections 1901 to 1923, control to the 28.3 extent that the provisions of this section are inconsistent with 28.4 those laws. 28.5 Subd. 1a. [EVIDENCE OF ABANDONMENT.] For purposes of 28.6 subdivision 1, paragraph (b), clause (1): 28.7 (a) Abandonment is presumed when: 28.8 (1) the parent has had no contact with the child on a 28.9 regular basis and not demonstrated consistent interest in the 28.10 child's well-being for six months ;and 28.11 (2)the social service agency has made reasonable efforts 28.12 to facilitate contact, unless the parent establishes that an 28.13 extreme financial or physical hardship or treatment for mental 28.14 disability or chemical dependency or other good cause prevented 28.15 the parent from making contact with the child. This presumption 28.16 does not apply to children whose custody has been determined 28.17 under chapter 257 or 518. The court is not prohibited from 28.18 finding abandonment in the absence of this presumption; or 28.19 (2) the child is an infant under one year of age and has 28.20 been deserted by the parent with the intent not to return to 28.21 care for the child. 28.22 (b) The following are prima facie evidence of abandonment 28.23 where adoption proceedings are pending and there has been a 28.24 showing that the person was not entitled to notice of an 28.25 adoption proceeding under section 259.49: 28.26 (1) failure to register with the putative fathers' adoption 28.27 registry under section 259.52; or 28.28 (2) if the person registered with the putative fathers' 28.29 adoption registry under section 259.52: 28.30 (i) filing a denial of paternity within 30 days of receipt 28.31 of notice under section 259.52, subdivision 8; 28.32 (ii) failing to timely file an intent to claim parental 28.33 rights with entry of appearance form within 30 days of receipt 28.34 of notice under section 259.52, subdivision 10; or 28.35 (iii) timely filing an intent to claim parental rights with 28.36 entry of appearance form within 30 days of receipt of notice 29.1 under section 259.52, subdivision 10, but failing to initiate a 29.2 paternity action within 30 days of receiving the putative 29.3 fathers' adoption registry notice where there has been no 29.4 showing of good cause for the delay. 29.5 Subd. 1b. [REQUIRED TERMINATION OF PARENTAL RIGHTS.] The 29.6 county attorney shall file a termination of parental rights 29.7 petition within 30 days of a child's placement in out-of-home 29.8 care if the child has been subjected to egregious harm as 29.9 defined in section 260.015, subdivision 29, is the sibling of 29.10 another child of the parent who was subjected to egregious harm, 29.11 or is an abandoned infant. The local social services agency 29.12 shall concurrently identify, recruit, process, and approve an 29.13 adoptive family for the child. If such a petition has been 29.14 filed by another party the local social services agency shall 29.15 seek to be joined as a party to the petition. 29.16 This requirement does not apply if it is determined that a 29.17 transfer of permanent legal and physical custody to a relative 29.18 is in the best interest of the child or there is a compelling 29.19 reason documented by the local social services agency and 29.20 available for court review for determining that filing such a 29.21 petition would not be in the best interest of the child. 29.22 Subd. 1c. [CURRENT FOSTER CARE CHILDREN.] The county 29.23 attorney shall file a termination of parental rights petition 29.24 for all children determined to be in need of protection or 29.25 services who are placed in out-of-home care for reasons other 29.26 than care or treatment of the child's disability, and who are in 29.27 out-of-home placement on April 1, 1998, and have been in out of 29.28 home for care for 15 of the most recent 22 months, unless the 29.29 permanency plan for the child is for a transfer of legal and 29.30 physical custody to a relative. 29.31 Subd. 2. [ADOPTIVE PARENT.] For purposes of subdivision 1, 29.32 clause (a), an adoptive parent may not terminate parental rights 29.33 to an adopted child for a reason that would not apply to a birth 29.34 parent seeking termination of parental rights to a child under 29.35 subdivision 1, clause (a). 29.36 Subd. 3. [WHEN PRIOR FINDING REQUIRED.] For purposes of 30.1 subdivision 1, clause (b), no prior judicial finding of 30.2 dependency, neglect, need for protection or services, or 30.3 neglected and in foster care is required, except as provided in 30.4 subdivision 1, clause (b), item (5). 30.5 Subd. 4. [BEST INTERESTS OF CHILD PARAMOUNT.] In any 30.6 proceeding under this section, the best interests of the child 30.7 must be the paramount consideration, provided that the 30.8 conditions in subdivision 1, clause (a), or at least one 30.9 condition in subdivision 1, clause (b), are found by the court. 30.10 In proceedings involving an American Indian child, as defined in 30.11 section 257.351, subdivision 6, the best interests of the child 30.12 must be determined consistent with the Indian Child Welfare Act 30.13 of 1978, United States Code, title 25, section 1901, et seq. 30.14 Where the interests of parent and child conflict, the interests 30.15 of the child are paramount. 30.16 Subd. 5. [FINDINGS REGARDING REASONABLE EFFORTS.] In any 30.17 proceeding under this section, the court shall make specific 30.18 findings: 30.19 (1) regarding the nature and extent of efforts made by the 30.20 social service agency to rehabilitate the parent and reunite the 30.21 family; 30.22 (2) that provision of services or further services for the 30.23 purpose of rehabilitation and reunification is futile and 30.24 therefore unreasonable under the circumstances; or 30.25 (3) that reasonable efforts at reunification isare not 30.26 required because the parent has been convicted of a crime listed30.27 in section 260.012, paragraph (b), clauses (1) to (3)as 30.28 provided under section 260.012. 30.29 Sec. 21. Minnesota Statutes 1997 Supplement, section 30.30 260.241, subdivision 3, is amended to read: 30.31 Subd. 3. [ORDER; RETENTION OF JURISDICTION.] (a) A 30.32 certified copy of the findings and the order terminating 30.33 parental rights, and a summary of the court's information 30.34 concerning the child shall be furnished by the court to the 30.35 commissioner or the agency to which guardianship is 30.36 transferred. The orders shall be on a document separate from 31.1 the findings. The court shall furnish the individual to whom 31.2 guardianship is transferred a copy of the order terminating 31.3 parental rights. 31.4 (b) The court shall retain jurisdiction in a case where 31.5 adoption is the intended permanent placement disposition. The 31.6 guardian ad litem and counsel for the child shall continue on 31.7 the case until an adoption decree is entered. A hearing must be 31.8 held every 90 days following termination of parental rights for 31.9 the court to review progress toward an adoptive placement and 31.10 the specific recruitment efforts the agency has taken to find an 31.11 adoptive family or other placement living arrangement for the 31.12 child and to finalize the adoption or other permanency plan. 31.13 (c) The court shall retain jurisdiction in a case where 31.14 long-term foster care is the permanent disposition. The 31.15 guardian ad litem and counsel for the child must be dismissed 31.16 from the case on the effective date of the permanent placement 31.17 order. However, the foster parent and the child, if of 31.18 sufficient age, must be informed how they may contact a guardian 31.19 ad litem if the matter is subsequently returned to court. 31.20 Sec. 22. Minnesota Statutes 1997 Supplement, section 31.21 626.556, subdivision 11, is amended to read: 31.22 Subd. 11. [RECORDS.] (a) Except as provided in paragraph 31.23 (b) and subdivisions 10b, 10d, 10g, and 11b, all records 31.24 concerning individuals maintained by a local welfare agency 31.25 under this section, including any written reports filed under 31.26 subdivision 7, shall be private data on individuals, except 31.27 insofar as copies of reports are required by subdivision 7 to be 31.28 sent to the local police department or the county sheriff. 31.29 Reports maintained by any police department or the county 31.30 sheriff shall be private data on individuals except the reports 31.31 shall be made available to the investigating, petitioning, or 31.32 prosecuting authority, including county medical examiners or 31.33 county coroners. Section 13.82, subdivisions 5, 5a, and 5b, 31.34 apply to law enforcement data other than the reports. The local 31.35 social services agency shall make available to the 31.36 investigating, petitioning, or prosecuting authority, including 32.1 county medical examiners or county coroners or their 32.2 professional delegates, any records which contain information 32.3 relating to a specific incident of neglect or abuse which is 32.4 under investigation, petition, or prosecution and information 32.5 relating to any prior incidents of neglect or abuse involving 32.6 any of the same persons. The records shall be collected and 32.7 maintained in accordance with the provisions of chapter 13. In 32.8 conducting investigations and assessments pursuant to this 32.9 section, the notice required by section 13.04, subdivision 2, 32.10 need not be provided to a minor under the age of ten who is the 32.11 alleged victim of abuse or, neglect, or domestic abuse/exposure 32.12 to violence. An individual subject of a record shall have 32.13 access to the record in accordance with those sections, except 32.14 that the name of the reporter shall be confidential while the 32.15 report is under assessment or investigation except as otherwise 32.16 permitted by this subdivision. Any person conducting an 32.17 investigation or assessment under this section who intentionally 32.18 discloses the identity of a reporter prior to the completion of 32.19 the investigation or assessment is guilty of a misdemeanor. 32.20 After the assessment or investigation is completed, the name of 32.21 the reporter shall be confidential. The subject of the report 32.22 may compel disclosure of the name of the reporter only with the 32.23 consent of the reporter or upon a written finding by the court 32.24 that the report was false and that there is evidence that the 32.25 report was made in bad faith. This subdivision does not alter 32.26 disclosure responsibilities or obligations under the rules of 32.27 criminal procedure. 32.28 (b) Upon request of the legislative auditor, data on 32.29 individuals maintained under this section must be released to 32.30 the legislative auditor in order for the auditor to fulfill the 32.31 auditor's duties under section 3.971. The auditor shall 32.32 maintain the data in accordance with chapter 13. 32.33 Sec. 23. Minnesota Statutes 1996, section 626.556, 32.34 subdivision 11a, is amended to read: 32.35 Subd. 11a. [DISCLOSURE OF INFORMATION NOT REQUIRED IN 32.36 CERTAIN CASES.] When interviewing a minor under subdivision 10, 33.1 an individual does not include the parent or guardian of the 33.2 minor for purposes of section 13.04, subdivision 2, when the 33.3 parent or guardian is the alleged perpetrator of the abuse or, 33.4 neglect, or domestic abuse/exposure to violence. 33.5 Sec. 24. Minnesota Statutes 1996, section 626.556, is 33.6 amended by adding a subdivision to read: 33.7 Subd. 11d. [DISCLOSURE IN CHILD FATALITY OR NEAR FATALITY 33.8 CASES.] (a) The definitions in this paragraph apply to this 33.9 section. 33.10 (1) "Child fatality" means the death of a child from 33.11 suspected abuse, neglect, or maltreatment. 33.12 (2) "Near fatality" means a case in which a physician 33.13 determines that a child is in serious or critical condition as 33.14 the result of sickness or injury caused by suspected abuse, 33.15 neglect, or maltreatment. 33.16 (3) "Findings and information" means a written summary 33.17 pursuant to paragraphs (c) to (f) of actions taken or services 33.18 rendered by a local social services agency following receipt of 33.19 information that a child might be in need fo protection. The 33.20 written summary must include any of the following information 33.21 the agency is able to provide: 33.22 (i) the dates, outcomes, and results of any actions taken 33.23 or services rendered; 33.24 (ii) the results of any review by the state child mortality 33.25 review panel, a local child mortality review panel, a local 33.26 community child protection team, or any public agency; and 33.27 (iii) confirmation of the receipt of all reports, accepted 33.28 or not accepted by the local social services agency for 33.29 investigation of suspected child abuse, neglect, or 33.30 maltreatment, including confirmation that investigations were 33.31 conducted, the results of the investigations, a description of 33.32 the conduct of the most recent investigation and the services 33.33 rendered, and a statement of the basis for the department's 33.34 decision. 33.35 (b) Notwithstanding any other provision of law and subject 33.36 to the provisions of paragraphs (c) to (f), a public agency 34.1 shall disclose to the public, upon request, the findings and 34.2 information related to a child fatality or near fatality if: 34.3 (1) a person is criminally charged with having caused the 34.4 child fatality or near fatality; or 34.5 (2) a county attorney certifies that a person would be 34.6 charged with having caused the child fatality or near fatality 34.7 but for that person's prior death. 34.8 (c) Nothing in this subdivision authorizes access to the 34.9 confidential records in the custody of a local social services 34.10 agency, or the disclosure to the public of the substance or 34.11 content of any psychiatric, psychological, or therapeutic 34.12 evaluations or like materials or information pertaining to the 34.13 child or the child's family unless directly related to the cause 34.14 of the child fatality or near fatality, or the disclosure of 34.15 information that would reveal the identities of persons who 34.16 provided information related to suspected abuse, neglect, or 34.17 maltreatment of the child. 34.18 (d) Within five working days from the receipt of a request 34.19 for findings and information related to a child fatality or near 34.20 fatality, a local agency shall consult with the appropriate 34.21 county attorney and provide the findings and information unless 34.22 the agency has a reasonable belief that the release of the 34.23 information: 34.24 (1) is not authorized by paragraphs (a) and (b); 34.25 (2) is likely to cause mental or physical harm or danger to 34.26 a minor child residing in the deceased or injured child's 34.27 household; 34.28 (3) is likely to jeopardize the state's ability to 34.29 prosecute the defendant; 34.30 (4) is likely to jeopardize the defendant's right to a fair 34.31 trial; 34.32 (5) is likely to undermine an ongoing or future criminal 34.33 investigation; or 34.34 (6) is not authorized by federal law and regulations. 34.35 (e) A person whose request is denied may apply to the 34.36 appropriate court for an order compelling disclosure of the 35.1 findings and information of the public agency. The application 35.2 must set forth, with reasonable particularity, factors 35.3 supporting the application. The court has jurisdiction to issue 35.4 such orders. Actions under this section must be set down for 35.5 immediate hearing, and subsequent proceedings in those actions 35.6 must be accorded priority by the appellate courts. After the 35.7 court has reviewed the specific findings and information, in 35.8 camera, the court shall issue an order compelling disclosure 35.9 unless the court finds that one or more of the circumstances in 35.10 paragraph (d) exists. 35.11 (g) A public agency or its employees acting in good faith 35.12 in disclosing or declining to disclose information under this 35.13 section are immune from criminal or civil liability that might 35.14 otherwise be incurred or imposed for that action.