4th Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to children; providing for child welfare 1.3 reform; restricting release of certain information; 1.4 establishing citizen review panels; clarifying 1.5 jurisdiction; establishing programs for concurrent 1.6 planning for permanent placement; defining terms; 1.7 imposing duties; expanding certain case plans; 1.8 providing for consideration of domestic abuse in child 1.9 protection risk assessments; authorizing rulemaking; 1.10 providing for sharing of certain data; changing 1.11 records retention requirements; requiring review and 1.12 audits; requiring task forces and a plan; amending 1.13 Minnesota Statutes 1996, sections 144.226, subdivision 1.14 3; 245A.035, subdivision 4; 256.01, subdivision 12, 1.15 and by adding a subdivision; 257.42; 257.43; 259.24, 1.16 subdivision 1; 259.37, subdivision 2; 259.67, 1.17 subdivision 1; 260.011, subdivision 2; 260.141, by 1.18 adding a subdivision; 260.172, subdivision 1; 260.191, 1.19 subdivision 1e; 260.221, as amended; and 626.556, 1.20 subdivision 10, and by adding subdivisions; Minnesota 1.21 Statutes 1997 Supplement, sections 144.218, 1.22 subdivision 2; 144.226, subdivision 4; 245A.03, 1.23 subdivision 2; 245A.04, subdivisions 3b and 3d; 1.24 256.82, subdivision 2; 256F.05, subdivision 8; 1.25 257.071, subdivision 1d; 257.85, subdivisions 3 and 5; 1.26 259.22, subdivision 4; 259.47, subdivision 3; 259.58; 1.27 259.60, subdivision 2; 260.012; 260.015, subdivisions 1.28 2a and 29; 260.161, subdivision 2; 260.191, 1.29 subdivisions 1, 1a, 3a, and 3b; 260.241, subdivision 1.30 3; and 626.556, subdivisions 10e and 11c; proposing 1.31 coding for new law in Minnesota Statutes, chapter 257. 1.32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.33 ARTICLE 1 1.34 ADOPTION AND SAFE FAMILIES 1.35 Section 1. Minnesota Statutes 1997 Supplement, section 1.36 144.218, subdivision 2, is amended to read: 1.37 Subd. 2. [ADOPTION OF FOREIGN PERSONS.] In proceedings for 1.38 the adoption of a person who was born in a foreign country, the 2.1 court, upon evidence presented by the commissioner of human 2.2 services from information secured at the port of entry, or upon 2.3 evidence from other reliable sources, may make findings of fact 2.4 as to the date and place of birth and parentage. Upon receipt 2.5 of certified copies of the court findings and the order or 2.6 decree of adoption or a certified copy of a decree issued under 2.7 section 259.60, the state registrar shall register a birth 2.8 certificate in the new name of the adopted person. The 2.9 certified copies of the court findings and the order
or, decree 2.10 of adoption, or decree issued under section 259.60 are 2.11 confidential, pursuant to section 13.02, subdivision 3, and 2.12 shall not be disclosed except pursuant to court order or section 2.13 144.1761. The birth certificate shall state the place of birth 2.14 as specifically as possible, and that the certificate is not 2.15 evidence of United States citizenship. 2.16 Sec. 2. Minnesota Statutes 1996, section 144.226, 2.17 subdivision 3, is amended to read: 2.18 Subd. 3. [BIRTH CERTIFICATE COPY SURCHARGE.] In addition 2.19 to any fee prescribed under subdivision 1, there shall be a 2.20 surcharge of $3 for each certified copy of a birth certificate, 2.21 and for a certification that the record cannot be found. The 2.22 local or state registrar shall forward this amount to the 2.23 commissioner of finance for deposit into the account for the 2.24 children's trust fund for the prevention of child abuse 2.25 established under section 119A.12. This surcharge shall not be 2.26 charged under those circumstances in which no fee for a 2.27 certified copy of a birth certificate is permitted under 2.28 subdivision 1, paragraph (a). Upon certification by the 2.29 commissioner of finance that the assets in that fund exceed 2.30 $20,000,000, this surcharge shall be discontinued. 2.31 Sec. 3. Minnesota Statutes 1997 Supplement, section 2.32 144.226, subdivision 4, is amended to read: 2.33 Subd. 4. [VITAL RECORDS SURCHARGE.] In addition to any fee 2.34 prescribed under subdivision 1, there is a nonrefundable 2.35 surcharge of $3 for each certified and noncertified birth or 2.36 death record, and for a certification that the record cannot be 3.1 found. The local or state registrar shall forward this amount 3.2 to the state treasurer to be deposited into the state government 3.3 special revenue fund. This surcharge shall not be charged under 3.4 those circumstances in which no fee for a birth or death record 3.5 is permitted under subdivision 1, paragraph (a). This surcharge 3.6 requirement expires June 30, 2002. 3.7 Sec. 4. Minnesota Statutes 1997 Supplement, section 3.8 245A.03, subdivision 2, is amended to read: 3.9 Subd. 2. [EXCLUSION FROM LICENSURE.] Sections 245A.01 to 3.10 245A.16 do not apply to: 3.11 (1) residential or nonresidential programs that are 3.12 provided to a person by an individual who is related unless the 3.13 residential program is a child foster care placement made by a 3.14 local social services agency or a licensed child-placing agency, 3.15 except as provided in subdivision 2a; 3.16 (2) nonresidential programs that are provided by an 3.17 unrelated individual to persons from a single related family; 3.18 (3) residential or nonresidential programs that are 3.19 provided to adults who do not abuse chemicals or who do not have 3.20 a chemical dependency, a mental illness, mental retardation or a 3.21 related condition, a functional impairment, or a physical 3.22 handicap; 3.23 (4) sheltered workshops or work activity programs that are 3.24 certified by the commissioner of economic security; 3.25 (5) programs for children enrolled in kindergarten to the 3.26 12th grade and prekindergarten special education in a school as 3.27 defined in section 120.101, subdivision 4, and programs serving 3.28 children in combined special education and regular 3.29 prekindergarten programs that are operated or assisted by the 3.30 commissioner of children, families, and learning; 3.31 (6) nonresidential programs primarily for children that 3.32 provide care or supervision, without charge for ten or fewer 3.33 days a year, and for periods of less than three hours a day 3.34 while the child's parent or legal guardian is in the same 3.35 building as the nonresidential program or present within another 3.36 building that is directly contiguous to the building in which 4.1 the nonresidential program is located; 4.2 (7) nursing homes or hospitals licensed by the commissioner 4.3 of health except as specified under section 245A.02; 4.4 (8) board and lodge facilities licensed by the commissioner 4.5 of health that provide services for five or more persons whose 4.6 primary diagnosis is mental illness who have refused an 4.7 appropriate residential program offered by a county agency. 4.8 This exclusion expires on July 1, 1990; 4.9 (9) homes providing programs for persons placed there by a 4.10 licensed agency for legal adoption, unless the adoption is not 4.11 completed within two years; 4.12 (10) programs licensed by the commissioner of corrections; 4.13 (11) recreation programs for children or adults that 4.14 operate for fewer than 40 calendar days in a calendar year or 4.15 programs operated by a park and recreation board of a city of 4.16 the first class whose primary purpose is to provide social and 4.17 recreational activities to school age children, provided the 4.18 program is approved by the park and recreation board; 4.19 (12) programs operated by a school as defined in section 4.20 120.101, subdivision 4, whose primary purpose is to provide 4.21 child care to school-age children, provided the program is 4.22 approved by the district's school board; 4.23 (13) Head Start nonresidential programs which operate for 4.24 less than 31 days in each calendar year; 4.25 (14) noncertified boarding care homes unless they provide 4.26 services for five or more persons whose primary diagnosis is 4.27 mental illness or mental retardation; 4.28 (15) nonresidential programs for nonhandicapped children 4.29 provided for a cumulative total of less than 30 days in any 4.30 12-month period; 4.31 (16) residential programs for persons with mental illness, 4.32 that are located in hospitals, until the commissioner adopts 4.33 appropriate rules; 4.34 (17) the religious instruction of school-age children; 4.35 Sabbath or Sunday schools; or the congregate care of children by 4.36 a church, congregation, or religious society during the period 5.1 used by the church, congregation, or religious society for its 5.2 regular worship; 5.3 (18) camps licensed by the commissioner of health under 5.4 Minnesota Rules, chapter 4630; 5.5 (19) mental health outpatient services for adults with 5.6 mental illness or children with emotional disturbance; 5.7 (20) residential programs serving school-age children whose 5.8 sole purpose is cultural or educational exchange, until the 5.9 commissioner adopts appropriate rules; 5.10 (21) unrelated individuals who provide out-of-home respite 5.11 care services to persons with mental retardation or related 5.12 conditions from a single related family for no more than 90 days 5.13 in a 12-month period and the respite care services are for the 5.14 temporary relief of the person's family or legal representative; 5.15 (22) respite care services provided as a home and 5.16 community-based service to a person with mental retardation or a 5.17 related condition, in the person's primary residence; 5.18 (23) community support services programs as defined in 5.19 section 245.462, subdivision 6, and family community support 5.20 services as defined in section 245.4871, subdivision 17; 5.21 (24) the placement of a child by a birth parent or legal 5.22 guardian in a preadoptive home for purposes of adoption as 5.23 authorized by section 259.47; or 5.24 (25) settings registered under chapter 144D which provide 5.25 home care services licensed by the commissioner of health to 5.26 fewer than seven adults. 5.27 For purposes of clause (6), a building is directly 5.28 contiguous to a building in which a nonresidential program is 5.29 located if it shares a common wall with the building in which 5.30 the nonresidential program is located or is attached to that 5.31 building by skyway, tunnel, atrium, or common roof. 5.32 Sec. 5. Minnesota Statutes 1996, section 245A.035, 5.33 subdivision 4, is amended to read: 5.34 Subd. 4. [APPLICANT STUDY.] When the county agency has 5.35 received the information required by section 245A.04, 5.36 subdivision 3, paragraph (b), the county agency shall begin an 6.1 applicant study according to the procedures in section 245A.04, 6.2 subdivision 3. The commissioner may issue an emergency license 6.3 upon recommendation of the county agency once the initial 6.4 inspection has been successfully completed and the information 6.5 necessary to begin the applicant background study has been 6.6 provided. If the county agency does not recommend that the 6.7 emergency license be granted, the agency shall notify the 6.8 relative in writing that the agency is recommending denial to 6.9 the commissioner; shall remove any child who has been placed in 6.10 the home prior to licensure; and shall inform the relative in 6.11 writing of the procedure to request review pursuant to 6.12 subdivision 6. An emergency license shall be effective until a 6.13 child foster care license is granted or denied, but shall in no 6.14 case remain in effect more than 90120 days from the date of 6.15 placement. 6.16 Sec. 6. Minnesota Statutes 1997 Supplement, section 6.17 245A.04, subdivision 3b, is amended to read: 6.18 Subd. 3b. [RECONSIDERATION OF DISQUALIFICATION.] (a) The 6.19 individual who is the subject of the disqualification may 6.20 request a reconsideration of the disqualification. 6.21 The individual must submit the request for reconsideration 6.22 to the commissioner in writing. A request for reconsideration 6.23 for an individual who has been sent a notice of disqualification 6.24 under subdivision 3a, paragraph (b), clause (1) or (2), must be 6.25 submitted within 30 calendar days of the disqualified 6.26 individual's receipt of the notice of disqualification. A 6.27 request for reconsideration for an individual who has been sent 6.28 a notice of disqualification under subdivision 3a, paragraph 6.29 (b), clause (3), must be submitted within 15 calendar days of 6.30 the disqualified individual's receipt of the notice of 6.31 disqualification. Removal of a disqualified individual from 6.32 direct contact shall be ordered if the individual does not 6.33 request reconsideration within the prescribed time, and for an 6.34 individual who submits a timely request for reconsideration, if 6.35 the disqualification is not set aside. The individual must 6.36 present information showing that: 7.1 (1) the information the commissioner relied upon is 7.2 incorrect or inaccurate. If the basis of a reconsideration 7.3 request is that a maltreatment determination or disposition 7.4 under section 626.556 or 626.557 is incorrect, and the 7.5 commissioner has issued a final order in an appeal of that 7.6 determination or disposition under section 256.045, the 7.7 commissioner's order is conclusive on the issue of maltreatment; 7.8 or 7.9 (2) the subject of the study does not pose a risk of harm 7.10 to any person served by the applicant or license holder. 7.11 (b) The commissioner may set aside the disqualification 7.12 under this section if the commissioner finds that the 7.13 information the commissioner relied upon is incorrect or the 7.14 individual does not pose a risk of harm to any person served by 7.15 the applicant or license holder. In determining that an 7.16 individual does not pose a risk of harm, the commissioner shall 7.17 consider the consequences of the event or events that lead to 7.18 disqualification, whether there is more than one disqualifying 7.19 event, the vulnerability of the victim at the time of the event, 7.20 the time elapsed without a repeat of the same or similar event, 7.21 documentation of successful completion by the individual studied 7.22 of training or rehabilitation pertinent to the event, and any 7.23 other information relevant to reconsideration. In reviewing a 7.24 disqualification under this section, the commissioner shall give 7.25 preeminent weight to the safety of each person to be served by 7.26 the license holder or applicant over the interests of the 7.27 license holder or applicant. 7.28 (c) Unless the information the commissioner relied on in 7.29 disqualifying an individual is incorrect, the commissioner may 7.30 not set aside the disqualification of an individual in 7.31 connection with a license to provide family day care for 7.32 children, foster care for children in the provider's own home, 7.33 or foster care or day care services for adults in the provider's 7.34 own home if: 7.35 (1) less than ten years have passed since the discharge of 7.36 the sentence imposed for the offense; and the individual has 8.1 been convicted of a violation of any offense listed in sections 8.2 609.20 (manslaughter in the first degree), 609.205 (manslaughter 8.3 in the second degree), criminal vehicular homicide under 609.21 8.4 (criminal vehicular homicide and injury), 609.215 (aiding 8.5 suicide or aiding attempted suicide), felony violations under 8.6 609.221 to 609.2231 (assault in the first, second, third, or 8.7 fourth degree), 609.713 (terroristic threats), 609.235 (use of 8.8 drugs to injure or to facilitate crime), 609.24 (simple 8.9 robbery), 609.245 (aggravated robbery), 609.25 (kidnapping), 8.10 609.255 (false imprisonment), 609.561 or 609.562 (arson in the 8.11 first or second degree), 609.71 (riot), burglary in the first or 8.12 second degree under 609.582 (burglary), 609.66 (dangerous 8.13 weapon), 609.665 (spring guns), 609.67 (machine guns and 8.14 short-barreled shotguns), 609.749 (harassment; stalking), 8.15 152.021 or 152.022 (controlled substance crime in the first or 8.16 second degree), 152.023, subdivision 1, clause (3) or (4), or 8.17 subdivision 2, clause (4) (controlled substance crime in the 8.18 third degree), 152.024, subdivision 1, clause (2), (3), or (4) 8.19 (controlled substance crime in the fourth degree), 609.224, 8.20 subdivision 2, paragraph (c) (fifth-degree assault by a 8.21 caregiver against a vulnerable adult), 609.228 (great bodily 8.22 harm caused by distribution of drugs), 609.23 (mistreatment of 8.23 persons confined), 609.231 (mistreatment of residents or 8.24 patients), 609.2325 (criminal abuse of a vulnerable adult), 8.25 609.233 (criminal neglect of a vulnerable adult), 609.2335 8.26 (financial exploitation of a vulnerable adult), 609.234 (failure 8.27 to report), 609.265 (abduction), 609.2664 to 609.2665 8.28 (manslaughter of an unborn child in the first or second degree), 8.29 609.267 to 609.2672 (assault of an unborn child in the first, 8.30 second, or third degree), 609.268 (injury or death of an unborn 8.31 child in the commission of a crime), 617.293 (disseminating or 8.32 displaying harmful material to minors), 609.378 (neglect or 8.33 endangerment of a child), a gross misdemeanor offense under 8.34 609.377 (malicious punishment of a child), 609.72, subdivision 3 8.35 (disorderly conduct against a vulnerable adult); or an attempt 8.36 or conspiracy to commit any of these offenses, as each of these 9.1 offenses is defined in Minnesota Statutes; or an offense in any 9.2 other state, the elements of which are substantially similar to 9.3 the elements of any of the foregoing offenses; 9.4 (2) regardless of how much time has passed since the 9.5 discharge of the sentence imposed for the offense, the 9.6 individual was convicted of a violation of any offense listed in 9.7 sections 609.185 to 609.195 (murder in the first, second, or 9.8 third degree), 609.2661 to 609.2663 (murder of an unborn child 9.9 in the first, second, or third degree), a felony offense under 9.10 609.377 (malicious punishment of a child), 609.322 9.11 (solicitation, inducement, and promotion of prostitution), 9.12 609.323 (receiving profit derived from prostitution), 609.342 to 9.13 609.345 (criminal sexual conduct in the first, second, third, or 9.14 fourth degree), 609.352 (solicitation of children to engage in 9.15 sexual conduct), 617.246 (use of minors in a sexual 9.16 performance), 617.247 (possession of pictorial representations 9.17 of a minor), 609.365 (incest), a felony offense under sections 9.18 609.2242 and 609.2243 (domestic assault), a felony offense of 9.19 spousal abuse, a felony offense of child abuse or neglect, a 9.20 felony offense of a crime against children, or an attempt or 9.21 conspiracy to commit any of these offenses as defined in 9.22 Minnesota Statutes, or an offense in any other state, the 9.23 elements of which are substantially similar to any of the 9.24 foregoing offenses; 9.25 (3) within the seven years preceding the study, the 9.26 individual committed an act that constitutes maltreatment of a 9.27 child under section 626.556, subdivision 10e, and that resulted 9.28 in substantial bodily harm as defined in section 609.02, 9.29 subdivision 7a, or substantial mental or emotional harm as 9.30 supported by competent psychological or psychiatric evidence; or 9.31 (4) within the seven years preceding the study, the 9.32 individual was determined under section 626.557 to be the 9.33 perpetrator of a substantiated incident of maltreatment of a 9.34 vulnerable adult that resulted in substantial bodily harm as 9.35 defined in section 609.02, subdivision 7a, or substantial mental 9.36 or emotional harm as supported by competent psychological or 10.1 psychiatric evidence. 10.2 In the case of any ground for disqualification under 10.3 clauses (1) to (4), if the act was committed by an individual 10.4 other than the applicant or license holder residing in the 10.5 applicant's or license holder's home, the applicant or license 10.6 holder may seek reconsideration when the individual who 10.7 committed the act no longer resides in the home. 10.8 The disqualification periods provided under clauses (1), 10.9 (3), and (4) are the minimum applicable disqualification 10.10 periods. The commissioner may determine that an individual 10.11 should continue to be disqualified from licensure because the 10.12 license holder or applicant poses a risk of harm to a person 10.13 served by that individual after the minimum disqualification 10.14 period has passed. 10.15 (d) The commissioner shall respond in writing or by 10.16 electronic transmission to all reconsideration requests for 10.17 which the basis for the request is that the information relied 10.18 upon by the commissioner to disqualify is incorrect or 10.19 inaccurate within 30 working days of receipt of a request and 10.20 all relevant information. If the basis for the request is that 10.21 the individual does not pose a risk of harm, the commissioner 10.22 shall respond to the request within 15 working days after 10.23 receiving the request for reconsideration and all relevant 10.24 information. If the disqualification is set aside, the 10.25 commissioner shall notify the applicant or license holder in 10.26 writing or by electronic transmission of the decision. 10.27 (e) Except as provided in subdivision 3c, the 10.28 commissioner's decision to disqualify an individual, including 10.29 the decision to grant or deny a rescission or set aside a 10.30 disqualification under this section, is the final administrative 10.31 agency action and shall not be subject to further review in a 10.32 contested case under chapter 14 involving a negative licensing 10.33 appeal taken in response to the disqualification or involving an 10.34 accuracy and completeness appeal under section 13.04. 10.35 Sec. 7. Minnesota Statutes 1997 Supplement, section 10.36 245A.04, subdivision 3d, is amended to read: 11.1 Subd. 3d. [DISQUALIFICATION.] When a background study 11.2 completed under subdivision 3 shows any of the following: a 11.3 conviction of one or more crimes listed in clauses (1) to (4); 11.4 the individual has admitted to or a preponderance of the 11.5 evidence indicates the individual has committed an act or acts 11.6 that meet the definition of any of the crimes listed in clauses 11.7 (1) to (4); or an administrative determination listed under 11.8 clause (4), the individual shall be disqualified from any 11.9 position allowing direct contact with persons receiving services 11.10 from the license holder: 11.11 (1) regardless of how much time has passed since the 11.12 discharge of the sentence imposed for the offense, and unless 11.13 otherwise specified, regardless of the level of the conviction, 11.14 the individual was convicted of any of the following offenses: 11.15 sections 609.185 (murder in the first degree); 609.19 (murder in 11.16 the second degree); 609.195 (murder in the third degree); 11.17 609.2661 (murder of an unborn child in the first degree); 11.18 609.2662 (murder of an unborn child in the second degree); 11.19 609.2663 (murder of an unborn child in the third degree); 11.20 609.322 (solicitation, inducement, and promotion of 11.21 prostitution); 609.323 (receiving profit derived from 11.22 prostitution); 609.342 (criminal sexual conduct in the first 11.23 degree); 609.343 (criminal sexual conduct in the second degree); 11.24 609.344 (criminal sexual conduct in the third degree); 609.345 11.25 (criminal sexual conduct in the fourth degree); 609.352 11.26 (solicitation of children to engage in sexual conduct); 609.365 11.27 (incest); felony offense under 609.377 (malicious punishment of 11.28 a child); 617.246 (use of minors in sexual performance 11.29 prohibited); 617.247 (possession of pictorial representations of 11.30 minors); a felony offense under sections 609.2242 and 609.2243 11.31 (domestic assault), a felony offense of spousal abuse, a felony 11.32 offense of child abuse or neglect, a felony offense of a crime 11.33 against children; or attempt or conspiracy to commit any of 11.34 these offenses as defined in Minnesota Statutes, or an offense 11.35 in any other state or country, where the elements are 11.36 substantially similar to any of the offenses listed in this 12.1 clause; 12.2 (2) if less than 15 years have passed since the discharge 12.3 of the sentence imposed for the offense; and the individual has 12.4 received a felony conviction for a violation of any of these 12.5 offenses: sections 609.20 (manslaughter in the first degree); 12.6 609.205 (manslaughter in the second degree); 609.21 (criminal 12.7 vehicular homicide and injury); 609.215 (suicide); 609.221 to 12.8 609.2231 (assault in the first, second, third, or fourth 12.9 degree); repeat offenses under 609.224 (assault in the fifth 12.10 degree); 609.2242 and 609.2243 (domestic assault; sentencing;12.11 repeat domestic assault);repeat offenses under 609.3451 12.12 (criminal sexual conduct in the fifth degree); 609.713 12.13 (terroristic threats); 609.235 (use of drugs to injure or 12.14 facilitate crime); 609.24 (simple robbery); 609.245 (aggravated 12.15 robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 12.16 609.561 (arson in the first degree); 609.562 (arson in the 12.17 second degree); 609.563 (arson in the third degree); repeat 12.18 offenses under 617.23 (indecent exposure; penalties); repeat 12.19 offenses under 617.241 (obscene materials and performances; 12.20 distribution and exhibition prohibited; penalty); 609.71 (riot); 12.21 609.66 (dangerous weapons); 609.67 (machine guns and 12.22 short-barreled shotguns); 609.749 (harassment; stalking; 12.23 penalties); 609.228 (great bodily harm caused by distribution of 12.24 drugs); 609.2325 (criminal abuse of a vulnerable adult); 12.25 609.2664 (manslaughter of an unborn child in the first degree); 12.26 609.2665 (manslaughter of an unborn child in the second degree); 12.27 609.267 (assault of an unborn child in the first degree); 12.28 609.2671 (assault of an unborn child in the second degree); 12.29 609.268 (injury or death of an unborn child in the commission of 12.30 a crime); 609.378 (neglect or endangerment of a child); 609.324, 12.31 subdivision 1 (other prohibited acts); 609.52 (theft); 609.2335 12.32 (financial exploitation of a vulnerable adult); 609.521 12.33 (possession of shoplifting gear); 609.582 (burglary); 609.625 12.34 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; 12.35 offering a forged check); 609.635 (obtaining signature by false 12.36 pretense); 609.27 (coercion); 609.275 (attempt to coerce); 13.1 609.687 (adulteration); 260.221 (grounds for termination of 13.2 parental rights); and chapter 152 (drugs; controlled 13.3 substance). An attempt or conspiracy to commit any of these 13.4 offenses, as each of these offenses is defined in Minnesota 13.5 Statutes; or an offense in any other state or country, the 13.6 elements of which are substantially similar to the elements of 13.7 the offenses in this clause. If the individual studied is 13.8 convicted of one of the felonies listed in this clause, but the 13.9 sentence is a gross misdemeanor or misdemeanor disposition, the 13.10 look-back period for the conviction is the period applicable to 13.11 the disposition, that is the period for gross misdemeanors or 13.12 misdemeanors; 13.13 (3) if less than ten years have passed since the discharge 13.14 of the sentence imposed for the offense; and the individual has 13.15 received a gross misdemeanor conviction for a violation of any 13.16 of the following offenses: sections 609.224 (assault in the 13.17 fifth degree); 609.2242 and 609.2243 (domestic assault); 13.18 violation of an order for protection under 518B.01, subdivision 13.19 14; 609.3451 (criminal sexual conduct in the fifth degree); 13.20 repeat offenses under 609.746 (interference with privacy); 13.21 repeat offenses under 617.23 (indecent exposure); 617.241 13.22 (obscene materials and performances); 617.243 (indecent 13.23 literature, distribution); 617.293 (harmful materials; 13.24 dissemination and display to minors prohibited); 609.71 (riot); 13.25 609.66 (dangerous weapons); 609.749 (harassment; stalking; 13.26 penalties); 609.224, subdivision 2, paragraph (c) (assault in 13.27 the fifth degree by a caregiver against a vulnerable adult); 13.28 609.23 (mistreatment of persons confined); 609.231 (mistreatment 13.29 of residents or patients); 609.2325 (criminal abuse of a 13.30 vulnerable adult); 609.233 (criminal neglect of a vulnerable 13.31 adult); 609.2335 (financial exploitation of a vulnerable adult); 13.32 609.234 (failure to report maltreatment of a vulnerable adult); 13.33 609.72, subdivision 3 (disorderly conduct against a vulnerable 13.34 adult); 609.265 (abduction); 609.378 (neglect or endangerment of 13.35 a child); 609.377 (malicious punishment of a child); 609.324, 13.36 subdivision 1a (other prohibited acts; minor engaged in 14.1 prostitution); 609.33 (disorderly house); 609.52 (theft); 14.2 609.582 (burglary); 609.631 (check forgery; offering a forged 14.3 check); 609.275 (attempt to coerce); or an attempt or conspiracy 14.4 to commit any of these offenses, as each of these offenses is 14.5 defined in Minnesota Statutes; or an offense in any other state 14.6 or country, the elements of which are substantially similar to 14.7 the elements of any of the offenses listed in this clause. If 14.8 the defendant is convicted of one of the gross misdemeanors 14.9 listed in this clause, but the sentence is a misdemeanor 14.10 disposition, the look-back period for the conviction is the 14.11 period applicable to misdemeanors; 14.12 (4) if less than seven years have passed since the 14.13 discharge of the sentence imposed for the offense; and the 14.14 individual has received a misdemeanor conviction for a violation 14.15 of any of the following offenses: sections 609.224 (assault in 14.16 the fifth degree); 609.2242 (domestic assault); violation of an 14.17 order for protection under 518B.01 (Domestic Abuse Act); 14.18 violation of an order for protection under 609.3232 (protective 14.19 order authorized; procedures; penalties); 609.746 (interference 14.20 with privacy); 609.79 (obscene or harassing phone calls); 14.21 609.795 (letter, telegram, or package; opening; harassment); 14.22 617.23 (indecent exposure; penalties); 609.2672 (assault of an 14.23 unborn child in the third degree); 617.293 (harmful materials; 14.24 dissemination and display to minors prohibited); 609.66 14.25 (dangerous weapons); 609.665 (spring guns); 609.2335 (financial 14.26 exploitation of a vulnerable adult); 609.234 (failure to report 14.27 maltreatment of a vulnerable adult); 609.52 (theft); 609.27 14.28 (coercion); or an attempt or conspiracy to commit any of these 14.29 offenses, as each of these offenses is defined in Minnesota 14.30 Statutes; or an offense in any other state or country, the 14.31 elements of which are substantially similar to the elements of 14.32 any of the offenses listed in this clause; failure to make 14.33 required reports under section 626.556, subdivision 3, or 14.34 626.557, subdivision 3, for incidents in which: (i) the final 14.35 disposition under section 626.556 or 626.557 was substantiated 14.36 maltreatment, and (ii) the maltreatment was recurring or 15.1 serious; or substantiated serious or recurring maltreatment of a 15.2 minor under section 626.556 or of a vulnerable adult under 15.3 section 626.557 for which there is a preponderance of evidence 15.4 that the maltreatment occurred, and that the subject was 15.5 responsible for the maltreatment. For the purposes of this 15.6 section, serious maltreatment means sexual abuse; maltreatment 15.7 resulting in death; or maltreatment resulting in serious injury 15.8 or harm which reasonably requires the care of a physician 15.9 whether or not the care of a physician was sought , including:; 15.10 or abuse resulting in serious injury. For purposes of this 15.11 section, abuse resulting in serious injury means: bruises, 15.12 bites, skin laceration or tissue damage; fractures; 15.13 dislocations; evidence of internal injuries; head injuries with 15.14 loss of consciousness; extensive second-degree or third-degree 15.15 burns and other burns for which complications are 15.16 present; extensive second-degree or third-degree frostbite, and 15.17 others for which complications are present; irreversible 15.18 mobility or avulsion of teeth; injuries to the eyeball; 15.19 ingestion of foreign substances and objects that are harmful; 15.20 near drowning; and heat exhaustion or sunstroke. For purposes 15.21 of this section, "care of a physician" is treatment received or 15.22 ordered by a physician, but does not include diagnostic testing, 15.23 assessment, or observation. For the purposes of this section, 15.24 recurring maltreatment means more than one incident of 15.25 maltreatment for which there is a preponderance of evidence that 15.26 the maltreatment occurred, and that the subject was responsible 15.27 for the maltreatment. 15.28 Sec. 8. Minnesota Statutes 1996, section 256.01, 15.29 subdivision 12, is amended to read: 15.30 Subd. 12. [CHILD MORTALITY REVIEW PANEL.] (a) The 15.31 commissioner shall establish a child mortality review panel for15.32 reviewingto review deaths of children in Minnesota, including 15.33 deaths attributed to maltreatment or in which maltreatment may 15.34 be a contributing cause and to review near fatalities as defined 15.35 in section 626.556, subdivision 11d. The commissioners of 15.36 health, children, families, and learning, and public safety and 16.1 the attorney general shall each designate a representative to 16.2 the child mortality review panel. Other panel members shall be 16.3 appointed by the commissioner, including a board-certified 16.4 pathologist and a physician who is a coroner or a medical 16.5 examiner. The purpose of the panel shall be to make 16.6 recommendations to the state and to county agencies for 16.7 improving the child protection system, including modifications 16.8 in statute, rule, policy, and procedure. 16.9 (b) The commissioner may require a county agency to 16.10 establish a local child mortality review panel. The 16.11 commissioner may establish procedures for conducting local 16.12 reviews and may require that all professionals with knowledge of 16.13 a child mortality case participate in the local review. In this 16.14 section, "professional" means a person licensed to perform or a 16.15 person performing a specific service in the child protective 16.16 service system. "Professional" includes law enforcement 16.17 personnel, social service agency attorneys, educators, and 16.18 social service, health care, and mental health care providers. 16.19 (c) If the commissioner of human services has reason to 16.20 believe that a child's death was caused by maltreatment or that 16.21 maltreatment was a contributing cause, the commissioner has 16.22 access to not public data under chapter 13 maintained by state 16.23 agencies, statewide systems, or political subdivisions that are 16.24 related to the child's death or circumstances surrounding the 16.25 care of the child. The commissioner shall also have access to 16.26 records of private hospitals as necessary to carry out the 16.27 duties prescribed by this section. Access to data under this 16.28 paragraph is limited to police investigative data; autopsy 16.29 records and coroner or medical examiner investigative data; 16.30 hospital, public health, or other medical records of the child; 16.31 hospital and other medical records of the child's parent that 16.32 relate to prenatal care; and records created by social service 16.33 agencies that provided services to the child or family within 16.34 three years preceding the child's death. A state agency, 16.35 statewide system, or political subdivision shall provide the 16.36 data upon request of the commissioner. Not public data may be 17.1 shared with members of the state or local child mortality review 17.2 panel in connection with an individual case. 17.3 (d) Notwithstanding the data's classification in the 17.4 possession of any other agency, data acquired by a local or 17.5 state child mortality review panel in the exercise of its duties 17.6 is protected nonpublic or confidential data as defined in 17.7 section 13.02, but may be disclosed as necessary to carry out 17.8 the purposes of the review panel. The data is not subject to 17.9 subpoena or discovery. The commissioner may disclose 17.10 conclusions of the review panel, but shall not disclose data 17.11 that was classified as confidential or private data on 17.12 decedents, under section 13.10, or private, confidential, or 17.13 protected nonpublic data in the disseminating agency, except 17.14 that the commissioner may disclose local social service agency 17.15 data as provided in section 626.556, subdivision 11d, on 17.16 individual cases involving a fatality or near fatality of a 17.17 person served by the local social service agency prior to the 17.18 date of death. 17.19 (e) A person attending a child mortality review panel 17.20 meeting shall not disclose what transpired at the meeting, 17.21 except to carry out the purposes of the mortality review panel. 17.22 The proceedings and records of the mortality review panel are 17.23 protected nonpublic data as defined in section 13.02, 17.24 subdivision 13, and are not subject to discovery or introduction 17.25 into evidence in a civil or criminal action against a 17.26 professional, the state or a county agency, arising out of the 17.27 matters the panel is reviewing. Information, documents, and 17.28 records otherwise available from other sources are not immune 17.29 from discovery or use in a civil or criminal action solely 17.30 because they were presented during proceedings of the review 17.31 panel. A person who presented information before the review 17.32 panel or who is a member of the panel shall not be prevented 17.33 from testifying about matters within the person's knowledge. 17.34 However, in a civil or criminal proceeding a person shall not be 17.35 questioned about the person's presentation of information to the 17.36 review panel or opinions formed by the person as a result of the 18.1 review meetings. 18.2 Sec. 9. Minnesota Statutes 1996, section 256.01, is 18.3 amended by adding a subdivision to read: 18.4 Subd. 15. [CITIZEN REVIEW PANELS.] (a) The commissioner 18.5 shall establish a minimum of three citizen review panels to 18.6 examine the policies and procedures of state and local welfare 18.7 agencies to evaluate the extent to which the agencies are 18.8 effectively discharging their child protection 18.9 responsibilities. Local social service agencies shall cooperate 18.10 and work with the citizen review panels. Where appropriate, the 18.11 panels may examine specific cases to evaluate the effectiveness 18.12 of child protection activities. The panels must examine the 18.13 extent to which the state and local agencies are meeting the 18.14 requirements of the federal Child Abuse Prevention and Treatment 18.15 Act and the Reporting of Maltreatment of Minors Act. The 18.16 commissioner may authorize mortality review panels or child 18.17 protection teams to carry out the duties of a citizen review 18.18 panel if membership meets or is expanded to meet the 18.19 requirements of this section. 18.20 (b) The panel membership must include volunteers who 18.21 broadly represent the community in which the panel is 18.22 established, including members who have expertise in the 18.23 prevention and treatment of child abuse and neglect, child 18.24 protection advocates, and representatives of the councils of 18.25 color and ombudsperson for families. 18.26 (c) A citizen review panel has access to the following data 18.27 for specific case review under this paragraph: police 18.28 investigative data; autopsy records and coroner or medical 18.29 examiner investigative data; hospital, public health, or other 18.30 medical records of the child; hospital and other medical records 18.31 of the child's parent that relate to prenatal care; records 18.32 created by social service agencies that provided services to the 18.33 child or family; and personnel data related to an employee's 18.34 performance in discharging child protection responsibilities. A 18.35 state agency, statewide system, or political subdivision shall 18.36 provide the data upon request of the commissioner. Not public 19.1 data may be shared with members of the state or local citizen 19.2 review panel in connection with an individual case. 19.3 (d) Notwithstanding the data's classification in the 19.4 possession of any other agency, data acquired by a local or 19.5 state citizen review panel in the exercise of its duties are 19.6 protected nonpublic or confidential data as defined in section 19.7 13.02, but may be disclosed as necessary to carry out the 19.8 purposes of the review panel. The data are not subject to 19.9 subpoena or discovery. The commissioner may disclose 19.10 conclusions of the review panel, but may not disclose data on 19.11 individuals that were classified as confidential or private data 19.12 on individuals in the possession of the state agency, statewide 19.13 system, or political subdivision from which the data were 19.14 received, except that the commissioner may disclose local social 19.15 service agency data as provided in section 626.556, subdivision 19.16 11d, on individual cases involving a fatality or near fatality 19.17 of a person served by the local social service agency prior to 19.18 the date of death. 19.19 (e) A person attending a citizen review panel meeting may 19.20 not disclose what transpired at the meeting, except to carry out 19.21 the purposes of the review panel. The proceedings and records 19.22 of the review panel are protected nonpublic data as defined in 19.23 section 13.02, subdivision 13, and are not subject to discovery 19.24 or introduction into evidence in a civil or criminal action 19.25 against a professional, the state, or county agency arising out 19.26 of the matters the panel is reviewing. Information, documents, 19.27 and records otherwise available from other sources are not 19.28 immune from discovery or use in a civil or criminal action 19.29 solely because they were presented during proceedings of the 19.30 review panel. A person who presented information before the 19.31 review panel or who is a member of the panel is not prevented 19.32 from testifying about matters within the person's knowledge. 19.33 However, in a civil or criminal proceeding, a person must not be 19.34 questioned about the person's presentation of information to the 19.35 review panel or opinions formed by the person as a result of the 19.36 review panel meetings. 20.1 Sec. 10. Minnesota Statutes 1997 Supplement, section 20.2 256.82, subdivision 2, is amended to read: 20.3 Subd. 2. [FOSTER CARE MAINTENANCE PAYMENTS.] 20.4 Notwithstanding subdivision 1, for the purposes of foster care 20.5 maintenance payments under title IV-E of the federal Social 20.6 Security Act, United States Code, title 42, sections 670 to 676, 20.7 during the period beginning July 1, 1985, and ending December 20.8 31, 1985, the county paying the maintenance costs shall be 20.9 reimbursed for the costs from those federal funds available for 20.10 that purpose together with an amount of state funds equal to a 20.11 percentage of the difference between the total cost and the 20.12 federal funds made available for payment. This percentage shall 20.13 not exceed the percentage specified in subdivision 1 for the aid 20.14 to families with dependent children program. In the event that 20.15 the state appropriation for this purpose is less than the state 20.16 percentage set in subdivision 1, the reimbursement shall be 20.17 ratably reduced to the county. Beginning January 1, 1986, for 20.18 the purpose of foster care maintenance payments under title IV-E 20.19 of the Social Security Act, United States Code, title 42, 20.20 sections 670 to 676, the county paying the maintenance costs 20.21 must be reimbursed for the costs from the federal money 20.22 available for the purpose. Beginning July 1, 1997, for the 20.23 purposes of determining a child's eligibility under title IV-E 20.24 of the Social Security Act, the placing agency shall use AFDC 20.25 requirements in effect on June 1, 1995July 16, 1996. 20.26 Sec. 11. Minnesota Statutes 1997 Supplement, section 20.27 257.071, subdivision 1d, is amended to read: 20.28 Subd. 1d. [RELATIVE SEARCH; NATURE.] (a) Within six months 20.29 after a child is initially placed in a residential facility, the 20.30 local social service agency shall identify any relatives of the 20.31 child and notify them of the need for a foster care home for the 20.32 child and of the possibility of the need for a permanent 20.33 out-of-home placement of the child , and. Relatives should also 20.34 be notified that a decision not to be a placement resource at 20.35 the beginning of the case may affect the relative's rightbeing 20.36 considered to have the child placed with that relative later. 21.1 The relatives must be notified that they must keep the local 21.2 social service agency informed of their current address in order 21.3 to receive notice of anythat a permanent placement hearingis 21.4 being sought for the child. A relative who fails to provide a 21.5 current address to the local social service agency forfeits the 21.6 right to notice of the possibility of permanent placement. 21.7 (b) Unless relieved of this duty by the court because the 21.8 child is placed with an appropriate relative who wishes to 21.9 provide a permanent home for the child, when the agency 21.10 determines that it is necessary to prepare for the permanent 21.11 placement determination hearing, or in anticipation of filing a 21.12 termination of parental rights petition, the agency shall send 21.13 notice to the relatives, any adult with whom the child is 21.14 currently residing, any adult with whom the child has resided 21.15 for one year or longer in the past, and any adults who have 21.16 maintained a relationship or exercised visitation with the child 21.17 as identified in the agency case plan. The notice must state 21.18 that a permanent home is sought for the child and that the 21.19 individuals receiving the notice may indicate to the agency 21.20 their interest in providing a permanent home. The notice must21.21 contain an advisory that if the relative chooses not to be a21.22 placement resource at the beginning of the case, this may affect21.23 the relative's rights to have the child placed with that21.24 relative permanently later on.The notice must state that 21.25 within 30 days of receipt of the notice an individual receiving 21.26 the notice must indicate to the agency the individual's interest 21.27 in providing a permanent home for the child or that the 21.28 individual may lose the opportunity to be considered for a 21.29 permanent placement. This notice need not be sent if the child 21.30 is placed with an appropriate relative who wishes to provide a 21.31 permanent home for the child. 21.32 Sec. 12. Minnesota Statutes 1996, section 257.42, is 21.33 amended to read: 21.34 257.42 [APPROPRIATE PUBLIC AUTHORITY DEFINED.] 21.35 The "appropriate public authorities" as used in article 3 21.36 of the interstate compact on the placement of children shall, 22.1 with reference to this state, mean the Minnesota department22.2 commissioner of human services and said department. The 22.3 commissioner of human services or the commissioner's delegate 22.4 shall receive and act with reference to notices required by said 22.5 article 3. 22.6 Sec. 13. Minnesota Statutes 1996, section 257.43, is 22.7 amended to read: 22.8 257.43 [APPROPRIATE AUTHORITY IN RECEIVING STATE DEFINED.] 22.9 As used in paragraph (a) of article 5 of the interstate 22.10 compact on the placement of children, the phrase "appropriate 22.11 authority in the receiving state" with reference to this state 22.12 shall mean the commissioner of human services or the 22.13 commissioner's delegate. 22.14 Sec. 14. Minnesota Statutes 1997 Supplement, section 22.15 257.85, subdivision 3, is amended to read: 22.16 Subd. 3. [DEFINITIONS.] For purposes of this section, the 22.17 terms defined in this subdivision have the meanings given them. 22.18 (a) "AFDC or MFIP standard" means the monthly standard of 22.19 need used to calculate assistance under the AFDC program, the 22.20 transitional standard used to calculate assistance under the 22.21 MFIP-S program, or, if neither of those is applicable, the 22.22 analogous transitional standard used to calculate assistance 22.23 under the MFIP or MFIP-R programs. 22.24 (b) "Local agency" means the local social service agency 22.25 with legal custody of a child prior to the transfer of permanent 22.26 legal and physical custody to a relative. 22.27 (c) "Permanent legal and physical custody" means permanent 22.28 legal and physical custody ordered by a Minnesota juvenile court 22.29 under section 260.191, subdivision 3b. 22.30 (d) "Relative" means an individual, other than a parent, 22.31 who is related to a child by blood, marriage, or adoption. 22.32 (e) "Relative custodian" means a relative of a child for 22.33 whom the relative has permanent legal and physical 22.34 custody. When siblings, including half-siblings and 22.35 step-siblings, are placed together in the permanent legal and 22.36 physical custody of a relative of one of the siblings, the 23.1 person receiving permanent legal and physical custody of the 23.2 siblings is considered a relative custodian of all of the 23.3 siblings for purposes of this section. 23.4 (f) "Relative custody assistance agreement" means an 23.5 agreement entered into between a local agency and the relative 23.6 of a child who has been or will be awarded permanent legal and 23.7 physical custody of the child. 23.8 (g) "Relative custody assistance payment" means a monthly 23.9 cash grant made to a relative custodian pursuant to a relative 23.10 custody assistance agreement and in an amount calculated under 23.11 subdivision 7. 23.12 (h) "Remains in the physical custody of the relative 23.13 custodian" means that the relative custodian is providing 23.14 day-to-day care for the child and that the child lives with the 23.15 relative custodian; absence from the relative custodian's home 23.16 for a period of more than 120 days raises a presumption that the 23.17 child no longer remains in the physical custody of the relative 23.18 custodian. 23.19 Sec. 15. Minnesota Statutes 1997 Supplement, section 23.20 257.85, subdivision 5, is amended to read: 23.21 Subd. 5. [RELATIVE CUSTODY ASSISTANCE AGREEMENT.] (a) A 23.22 relative custody assistance agreement will not be effective, 23.23 unless it is signed by the local agency and the relative 23.24 custodian no later than 30 days after the date of the order 23.25 establishing permanent legal and physical custody with the 23.26 relative, except that a local agency may enter into a relative 23.27 custody assistance agreement with a relative custodian more than 23.28 30 days after the date of the order if it certifies that the 23.29 delay in entering the agreement was through no fault of the 23.30 relative custodian. There must be a separate agreement for each 23.31 child for whom the relative custodian is receiving relative 23.32 custody assistance. 23.33 (b) Regardless of when the relative custody assistance 23.34 agreement is signed by the local agency and relative custodian, 23.35 the effective date of the agreement shall be the first day of23.36 the month followingthe date of the order establishing permanent 24.1 legal and physical custody or the date that the last party signs24.2 the agreement, whichever occurs later. 24.3 (c) If MFIP-S is not the applicable program for a child at 24.4 the time that a relative custody assistance agreement is entered 24.5 on behalf of the child, when MFIP-S becomes the applicable 24.6 program, if the relative custodian had been receiving custody 24.7 assistance payments calculated based upon a different program, 24.8 the amount of relative custody assistance payment under 24.9 subdivision 7 shall be recalculated under the MFIP-S program. 24.10 (d) The relative custody assistance agreement shall be in a 24.11 form specified by the commissioner and shall include provisions 24.12 relating to the following: 24.13 (1) the responsibilities of all parties to the agreement; 24.14 (2) the payment terms, including the financial 24.15 circumstances of the relative custodian, the needs of the child, 24.16 the amount and calculation of the relative custody assistance 24.17 payments, and that the amount of the payments shall be 24.18 reevaluated annually; 24.19 (3) the effective date of the agreement, which shall also 24.20 be the anniversary date for the purpose of submitting the annual 24.21 affidavit under subdivision 8; 24.22 (4) that failure to submit the affidavit as required by 24.23 subdivision 8 will be grounds for terminating the agreement; 24.24 (5) the agreement's expected duration, which shall not 24.25 extend beyond the child's eighteenth birthday; 24.26 (6) any specific known circumstances that could cause the 24.27 agreement or payments to be modified, reduced, or terminated and 24.28 the relative custodian's appeal rights under subdivision 9; 24.29 (7) that the relative custodian must notify the local 24.30 agency within 30 days of any of the following: 24.31 (i) a change in the child's status; 24.32 (ii) a change in the relationship between the relative 24.33 custodian and the child; 24.34 (iii) a change in composition or level of income of the 24.35 relative custodian's family; 24.36 (iv) a change in eligibility or receipt of benefits under 25.1 AFDC, MFIP-S, or other assistance program; and 25.2 (v) any other change that could affect eligibility for or 25.3 amount of relative custody assistance; 25.4 (8) that failure to provide notice of a change as required 25.5 by clause (7) will be grounds for terminating the agreement; 25.6 (9) that the amount of relative custody assistance is 25.7 subject to the availability of state funds to reimburse the 25.8 local agency making the payments; 25.9 (10) that the relative custodian may choose to temporarily 25.10 stop receiving payments under the agreement at any time by 25.11 providing 30 days' notice to the local agency and may choose to 25.12 begin receiving payments again by providing the same notice but 25.13 any payments the relative custodian chooses not to receive are 25.14 forfeit; and 25.15 (11) that the local agency will continue to be responsible 25.16 for making relative custody assistance payments under the 25.17 agreement regardless of the relative custodian's place of 25.18 residence. 25.19 Sec. 16. Minnesota Statutes 1997 Supplement, section 25.20 259.22, subdivision 4, is amended to read: 25.21 Subd. 4. [TIME FOR FILING PETITION.] A petition shall be 25.22 filed not later than 2412 months after a child is placed in a 25.23 prospective adoptive home. If a petition is not filed by that 25.24 time, the agency that placed the child, or, in a direct adoptive 25.25 placement, the agency that is supervising the placement shall 25.26 file with the district court in the county where the prospective 25.27 adoptive parent resides a motion for an order and a report 25.28 recommending one of the following: 25.29 (1) that the time for filing a petition be extended because 25.30 of the child's special needs as defined under title IV-E of the 25.31 Social Security Act, United States Code, title 42, section 673; 25.32 (2) that, based on a written plan for completing filing of 25.33 the petition, including a specific timeline, to which the 25.34 prospective adoptive parents have agreed, the time for filing a 25.35 petition be extended long enough to complete the plan because 25.36 such an extension is in the best interests of the child and 26.1 additional time is needed for the child to adjust to the 26.2 adoptive home; or 26.3 (3) that the child be removed from the prospective adoptive 26.4 home. 26.5 The prospective adoptive parent must reimburse an agency 26.6 for the cost of preparing and filing the motion and report under 26.7 this section, unless the costs are reimbursed by the 26.8 commissioner under section 259.67 or 259.73. 26.9 Sec. 17. Minnesota Statutes 1996, section 259.24, 26.10 subdivision 1, is amended to read: 26.11 Subdivision 1. [EXCEPTIONS.] No child shall be adopted 26.12 without the consent of the child's parents and the child's 26.13 guardian, if there be one, except in the following instances: 26.14 (a) Consent shall not be required of a parent not entitled 26.15 to notice of the proceedings. 26.16 (b) Consent shall not be required of a parent who has 26.17 abandoned the child, or of a parent who has lost custody of the 26.18 child through a divorce decree or a decree of dissolution, and 26.19 upon whom notice has been served as required by section 259.49. 26.20 (c) Consent shall not be required of a parent whose 26.21 parental rights to the child have been terminated by a juvenile 26.22 court or who has lost custody of a child through a final 26.23 commitment of the juvenile court or through a decree in a prior 26.24 adoption proceeding. 26.25 (d) If there be no parent or guardian qualified to consent 26.26 to the adoption, the consent may be given by the commissioner. 26.27 (e) The commissioner or agency having authority to place a 26.28 child for adoption pursuant to section 259.25, subdivision 1, 26.29 shall have the exclusive right to consent to the adoption of 26.30 such child. The commissioner or agency shall make every effort 26.31 to place siblings together for adoption. Notwithstanding any 26.32 rule to the contrary, the commissioner may delegate the right to 26.33 consent to the adoption or separation of siblings, if it is in 26.34 the child's best interest, to a local social services agency. 26.35 Sec. 18. Minnesota Statutes 1996, section 259.37, 26.36 subdivision 2, is amended to read: 27.1 Subd. 2. [DISCLOSURE TO BIRTH PARENTS AND ADOPTIVE 27.2 PARENTS.] An agency shall provide a disclosure statement written 27.3 in clear, plain language to be signed by the prospective 27.4 adoptive parents and birth parents, except that in intercountry 27.5 adoptions, the signatures of birth parents are not required. 27.6 The disclosure statement must contain the following information: 27.7 (1) fees charged to the adoptive parent, including any 27.8 policy on sliding scale fees or fee waivers and an itemization 27.9 of the amount that will be charged for the adoption study, 27.10 counseling, postplacement services, family of origin searches, 27.11 birth parent expenses authorized under section 259.55, or any 27.12 other services; 27.13 (2) timeline for the adoptive parent to make fee payments; 27.14 (3) likelihood, given the circumstances of the prospective 27.15 adoptive parent and any specific program to which the 27.16 prospective adoptive parent is applying, that an adoptive 27.17 placement may be made and the estimated length of time for 27.18 making an adoptive placement. These estimates must be based on 27.19 adoptive placements made with prospective parents in similar 27.20 circumstances applying to a similar program with the agency 27.21 during the immediately preceding three to five years. If an 27.22 agency has not been in operation for at least three years, it 27.23 must provide summary data based on whatever adoptive placements 27.24 it has made and may include a statement about the kind of 27.25 efforts it will make to achieve an adoptive placement, including 27.26 a timetable it will follow in seeking a child. The estimates 27.27 must include a statement that the agency cannot guarantee 27.28 placement of a child or a time by which a child will be placed; 27.29 (4) a statement of the services the agency will provide the 27.30 birth and adoptive parents; 27.31 (5) a statement prepared by the commissioner under section 27.32 259.39 that explains the child placement and adoption process 27.33 and the respective legal rights and responsibilities of the 27.34 birth parent and prospective adoptive parent during the process 27.35 including a statement that the prospective adoptive parent is 27.36 responsible for filing an adoption petition not later than 2412 28.1 months after the child is placed in the prospective adoptive 28.2 home; 28.3 (6) a statement regarding any information the agency may 28.4 have about attorney referral services, or about obtaining 28.5 assistance with completing legal requirements for an adoption; 28.6 and 28.7 (7) an acknowledgment to be signed by the birth parent and 28.8 prospective adoptive parent that they have received, read, and 28.9 had the opportunity to ask questions of the agency about the 28.10 contents of the disclosure statement. 28.11 Sec. 19. Minnesota Statutes 1997 Supplement, section 28.12 259.47, subdivision 3, is amended to read: 28.13 Subd. 3. [PREADOPTIVE CUSTODY ORDER.] (a) Before a child 28.14 is placed in a prospective adoptive home by a birth parent or 28.15 legal guardian, other than an agency, the placement must be 28.16 approved by the district court in the county where the 28.17 prospective adoptive parent resides. An order under this 28.18 subdivision or subdivision 6 shall state that the prospective 28.19 adoptive parent's right to custody of the child is subject to 28.20 the birth parent's right to custody until the consents to the 28.21 child's adoption become irrevocable. At the time of placement, 28.22 prospective adoptive parents must have for the child qualifying 28.23 existing coverage as defined in section 62L.02, subdivision 24, 28.24 or other similar comprehensive health care coverage. The 28.25 preadoptive custody order must include any agreement reached 28.26 between the prospective adoptive parent and the birth parent 28.27 regarding authority to make decisions after placement for 28.28 medical care of the child and responsibility for payment for 28.29 medical care not provided by the adoptive parent's existing 28.30 health care coverage. The prospective adoptive parent must meet 28.31 the residence requirements of section 259.22, subdivision 1, and 28.32 must file with the court an affidavit of intent to remain a 28.33 resident of the state for at least three months after the child 28.34 is placed in the prospective adoptive home. The prospective 28.35 adoptive parent shall file with the court a notice of intent to 28.36 file an adoption petition and submit a written motion seeking an 29.1 order granting temporary preadoptive custody. The notice and 29.2 motion required under this subdivision may be considered by the 29.3 court ex parte, without a hearing. The prospective adoptive 29.4 parent shall serve a copy of the notice and motion upon any 29.5 parent whose consent is required under section 259.24 or who is 29.6 named in the affidavit required under paragraph (b) if that 29.7 person's mailing address is known. The motion may be filed up 29.8 to 60 days before the placement is to be made and must include: 29.9 (1) the adoption study required under section 259.41; 29.10 (2) affidavits from the birth parents indicating their 29.11 support of the motion, or, if there is no affidavit from the 29.12 birth father, an affidavit from the birth mother under paragraph 29.13 (b); 29.14 (3) an itemized statement of expenses that have been paid 29.15 and an estimate of expenses that will be paid by the prospective 29.16 adoptive parents to the birth parents, any agency, attorney, or 29.17 other party in connection with the prospective adoption; 29.18 (4) the name of counsel for each party, if any; 29.19 (5) a statement that the birth parents: 29.20 (i) have provided the social and medical history required 29.21 under section 259.43 to the prospective adoptive parent; 29.22 (ii) have received the written statement of their legal 29.23 rights and responsibilities under section 259.39; and 29.24 (iii) have been notified of their right to receive 29.25 counseling under subdivision 4; and 29.26 (6) the name of the agency chosen by the adoptive parent to 29.27 supervise the adoptive placement and complete the postplacement 29.28 assessment required by section 259.53, subdivision 2. 29.29 The court shall review the expense statement submitted 29.30 under this subdivision to determine whether payments made or to 29.31 be made by the prospective adoptive parent are lawful and in 29.32 accordance with section 259.55, subdivision 1. 29.33 (b) If the birth mother submits the affidavit required in 29.34 paragraph (a), clause (2), but the birth father fails to do so, 29.35 the birth mother must submit an additional affidavit that 29.36 describes her good faith efforts or efforts made on her behalf 30.1 to identify and locate the birth father for purposes of securing 30.2 his consent. In the following circumstances the birth mother 30.3 may instead submit an affidavit stating on which ground she is 30.4 exempt from making efforts to identify and locate the father: 30.5 (1) the child was conceived as the result of incest or 30.6 rape; 30.7 (2) efforts to locate the father by the affiant or anyone 30.8 acting on the affiant's behalf could reasonably result in 30.9 physical harm to the birth mother or child; or 30.10 (3) efforts to locate the father by the affiant or anyone 30.11 acting on the affiant's behalf could reasonably result in severe 30.12 emotional distress of the birth mother or child. 30.13 A court shall consider the motion for temporary preadoptive 30.14 custody within 30 days of receiving the motion or by the 30.15 anticipated placement date stated in the motion, whichever comes 30.16 sooner. 30.17 Sec. 20. Minnesota Statutes 1997 Supplement, section 30.18 259.58, is amended to read: 30.19 259.58 [COMMUNICATION OR CONTACT AGREEMENTS.] 30.20 Adoptive parents and a birth relative may enter an 30.21 agreement regarding communication with or contact between an 30.22 adopted minor, adoptive parents, and a birth relative under this 30.23 section. An agreement may be entered between: 30.24 (1) adoptive parents and a birth parent; 30.25 (2) adoptive parents and aany other birth relative with 30.26 whom the child resided before being adopted; or 30.27 (2)(3) adoptive parents and any other birth relative if 30.28 the child is adopted by a birth relative upon the death of both 30.29 birth parents. 30.30 For purposes of this section, "birth relative" means a 30.31 parent, stepparent, grandparent, brother, sister, uncle, or aunt 30.32 of a minor adoptee. This relationship may be by blood or 30.33 marriage. For an Indian child, birth relative includes members 30.34 of the extended family as defined by the law or custom of the 30.35 Indian child's tribe or, in the absence of laws or custom, 30.36 nieces, nephews, or first or second cousins, as provided in the 31.1 Indian Child Welfare Act, United States Code, title 25, section 31.2 1903. 31.3 (a) An agreement regarding communication with or contact 31.4 between minor adoptees, adoptive parents, and a birth relative 31.5 is not legally enforceable unless the terms of the agreement are 31.6 contained in a written court order entered in accordance with 31.7 this section. An order must be sought at the same time a 31.8 petition for adoption is filed. The court shall not enter a 31.9 proposed order unless the terms of the order have been approved 31.10 in writing by the prospective adoptive parents, a birth relative 31.11 who desires to be a party to the agreement, and, if the child is 31.12 in the custody of or under the guardianship of an agency, a 31.13 representative of the agency. An agreement under this section 31.14 need not disclose the identity of the parties to be legally 31.15 enforceable. The court shall not enter a proposed order unless 31.16 the court finds that the communication or contact between the 31.17 minor adoptee, the adoptive parents, and a birth relative as 31.18 agreed upon and contained in the proposed order would be in the 31.19 minor adoptee's best interests. 31.20 (b) Failure to comply with the terms of an agreed order 31.21 regarding communication or contact that has been entered by the 31.22 court under this section is not grounds for: 31.23 (1) setting aside an adoption decree; or 31.24 (2) revocation of a written consent to an adoption after 31.25 that consent has become irrevocable. 31.26 (c) An agreed order entered under this section may be 31.27 enforced by filing a petition or motion with the family court 31.28 that includes a certified copy of the order granting the 31.29 communication, contact, or visitation, but only if the petition 31.30 or motion is accompanied by an affidavit that the parties have 31.31 mediated or attempted to mediate any dispute under the agreement 31.32 or that the parties agree to a proposed modification. The 31.33 prevailing party may be awarded reasonable attorney's fees and 31.34 costs. The court shall not modify an agreed order under this 31.35 section unless it finds that the modification is necessary to 31.36 serve the best interests of the minor adoptee, and: 32.1 (1) the modification is agreed to by the adoptive parent 32.2 and the birth relative; or 32.3 (2) exceptional circumstances have arisen since the agreed 32.4 order was entered that justify modification of the order. 32.5 Sec. 21. Minnesota Statutes 1997 Supplement, section 32.6 259.60, subdivision 2, is amended to read: 32.7 Subd. 2. [AMENDED BIRTH CERTIFICATE; PROCEDURE AND ORDER; 32.8 DECREE RECOGNIZING ADOPTION.] (a) Under the procedures in 32.9 paragraph (b), a person, whose adoption of a child under the 32.10 laws of a foreign country is valid in this state under 32.11 subdivision 1, may petition the district court in the county 32.12 where the adoptive parent resides for a decree confirming and 32.13 recognizing the adoption, changing the child's legal name, if 32.14 requested in the petition, and forauthorizing the commissioner 32.15 of health to issue a new birth certificate for the child under 32.16 section 144.218, subdivision 2. 32.17 (b) A court shall issue the decree and birth32.18 certificatedescribed in paragraph (a) upon receipt of the 32.19 following documents: 32.20 (1) a petition by the adoptive parent requesting that the32.21 court issue a Minnesota birth certificate, andstating that the 32.22 adoptive parent completed adoption of the child under the laws 32.23 of a foreign country and that the adoption is valid in this 32.24 state under subdivision 1 and requesting that the court issue a 32.25 decree confirming and recognizing the adoption, changing the 32.26 child's legal name, if desired, and authorizing the commissioner 32.27 of health to issue a new birth certificate for the child under 32.28 section 144.218, subdivision 2. The petition must be in the 32.29 form of a signed, sworn, and notarized statement; 32.30 (2) a copy of the child's original birth certificate, if 32.31 available; 32.32 (3) a copy of the final adoption certificate or equivalent 32.33 as issued by the foreign jurisdiction; 32.34 (4) a copy of the child's passport including the United 32.35 States visa indicating IR-3 immigration status; and 32.36 (5) certified English translations of any of the documents 33.1 in clauses (2) to (4) that are not written in the English 33.2 language. 33.3 (c) Upon issuing a decree under this section, the court 33.4 shall forward to the commissioners of health and human services 33.5 a copy of the decree. The court shall also complete and forward 33.6 to the commissioner of health the certificate of adoption, 33.7 unless another form has been specified by the commissioner of 33.8 health. 33.9 Sec. 22. Minnesota Statutes 1996, section 259.67, 33.10 subdivision 1, is amended to read: 33.11 Subdivision 1. [ADOPTION ASSISTANCE.] (a) The commissioner 33.12 of human services shall enter into an adoption assistance 33.13 agreement with an adoptive parent or parents who adopt a child 33.14 who meets the eligibility requirements under title IV-E of the 33.15 Social Security Act, United States Code, title 42, sections 670 33.16 to 679a, or who otherwise meets the requirements in subdivision 33.17 4. 33.18 (b) No child on whose behalf federal title IV-E adoption 33.19 assistance payments are to be made may be placed in an adoptive 33.20 home unless a criminal background check under section 259.41, 33.21 subdivision 3, paragraph (b), has been completed on the 33.22 prospective adoptive parents and no disqualifying condition 33.23 exists. A disqualifying condition exists if: 33.24 (1) a criminal background check reveals a felony conviction 33.25 for child abuse; for spousal abuse; for a crime against children 33.26 (including child pornography); or for a crime involving 33.27 violence, including rape, sexual assault, or homicide, but not 33.28 including other physical assault or battery; or 33.29 (2) a criminal background check reveals a felony conviction 33.30 within the past five years for physical assault, battery, or a 33.31 drug-related offense. 33.32 Sec. 23. Minnesota Statutes 1996, section 260.011, 33.33 subdivision 2, is amended to read: 33.34 Subd. 2. (a) The paramount consideration in all 33.35 proceedings concerning a child alleged or found to be in need of 33.36 protection or services is the health, safety, and best interests 34.1 of the child. In proceedings involving an American Indian 34.2 child, as defined in section 257.351, subdivision 6, the best 34.3 interests of the child must be determined consistent with 34.4 sections 257.35 to 257.3579 and the Indian Child Welfare Act, 34.5 United States Code, title 25, sections 1901 to 1923. The 34.6 purpose of the laws relating to juvenile courts is to secure for 34.7 each child alleged or adjudicated in need of protection or 34.8 services and under the jurisdiction of the court, the care and 34.9 guidance, preferably in the child's own home, as will best serve 34.10 the spiritual, emotional, mental, and physical welfare of the 34.11 child; to provide judicial procedures which protect the welfare 34.12 of the child; to preserve and strengthen the child's family ties 34.13 whenever possible and in the child's best interests, removing 34.14 the child from the custody of parents only when the child's 34.15 welfare or safety cannot be adequately safeguarded without 34.16 removal; and, when removal from the child's own family is 34.17 necessary and in the child's best interests, to secure for the 34.18 child custody, care and discipline as nearly as possible 34.19 equivalent to that which should have been given by the parents. 34.20 (b) The purpose of the laws relating to termination of 34.21 parental rights is to ensure that: 34.22 (1) reasonable efforts have been made by the social service 34.23 agency to reunite the child with the child's parents in a 34.24 placement that is safe and permanent; and 34.25 (2) if placement with the parents is not reasonably 34.26 foreseeable, to secure for the child a safe and permanent 34.27 placement, preferably with adoptive parents. 34.28 Nothing in this section requires reasonable efforts to be 34.29 made in circumstances where the court has determined that the 34.30 child has been subjected to egregious harm or the parental 34.31 rights of the parent to a sibling have been involuntarily 34.32 terminated. 34.33 The paramount consideration in all proceedings for the 34.34 termination of parental rights is the best interests of the 34.35 child. In proceedings involving an American Indian child, as 34.36 defined in section 257.351, subdivision 6, the best interests of 35.1 the child must be determined consistent with the Indian Child 35.2 Welfare Act of 1978, United States Code, title 25, section 1901, 35.3 et seq. 35.4 (c) The purpose of the laws relating to children alleged or 35.5 adjudicated to be delinquent is to promote the public safety and 35.6 reduce juvenile delinquency by maintaining the integrity of the 35.7 substantive law prohibiting certain behavior and by developing 35.8 individual responsibility for lawful behavior. This purpose 35.9 should be pursued through means that are fair and just, that 35.10 recognize the unique characteristics and needs of children, and 35.11 that give children access to opportunities for personal and 35.12 social growth. 35.13 (d) The laws relating to juvenile courts shall be liberally 35.14 construed to carry out these purposes. 35.15 Sec. 24. Minnesota Statutes 1997 Supplement, section 35.16 260.012, is amended to read: 35.17 260.012 [DUTY TO ENSURE PLACEMENT PREVENTION AND FAMILY 35.18 REUNIFICATION; REASONABLE EFFORTS.] 35.19 (a) If a child in need of protection or services is under 35.20 the court's jurisdiction, the court shall ensure that reasonable 35.21 efforts including culturally appropriate services by the social 35.22 service agency are made to prevent placement or to eliminate the 35.23 need for removal and to reunite the child with the child's 35.24 family at the earliest possible time, consistent with the best 35.25 interests, safety, and protection of the child. The court may, 35.26 upon motion and hearing, order the cessation of reasonable 35.27 efforts if the court finds that provision of services or further 35.28 services for the purpose of rehabilitation and reunification is 35.29 futile and therefore unreasonable under the circumstances. In 35.30 determining reasonable efforts to be made with respect to a 35.31 child and in making those reasonable efforts, the child's health 35.32 and safety must be of paramount concern. Reasonable efforts are 35.33 not required if the court determines that: 35.34 (1) a termination of parental rights petition has been 35.35 filed stating a prima facie case that the parent has subjected 35.36 the child to egregious harm as defined in section 260.015, 36.1 subdivision 29, or the parental rights of the parent to a 36.2 sibling have been terminated involuntarily; or 36.3 (2) a determination not to proceed with a termination of 36.4 parental rights petition on these grounds was made under section 36.5 260.221, subdivision 1b, paragraph (b), and a permanency hearing 36.6 is held within 30 days of the determination. 36.7 In the case of an Indian child, in proceedings under sections 36.8 260.172, 260.191, and 260.221 the juvenile court must make 36.9 findings and conclusions consistent with the Indian Child 36.10 Welfare Act of 1978, United States Code, title 25, section 1901 36.11 et seq., as to the provision of active efforts. If a child is 36.12 under the court's delinquency jurisdiction, it shall be the duty 36.13 of the court to ensure that reasonable efforts are made to 36.14 reunite the child with the child's family at the earliest 36.15 possible time, consistent with the best interests of the child 36.16 and the safety of the public. 36.17 (b) "Reasonable efforts" means the exercise of due 36.18 diligence by the responsible social service agency to use 36.19 appropriate and available services to meet the needs of the 36.20 child and the child's family in order to prevent removal of the 36.21 child from the child's family; or upon removal, services to 36.22 eliminate the need for removal and reunite the family. Services 36.23 may include those listed under section 256F.07, subdivision 3, 36.24 and other appropriate services available in the community. The 36.25 social service agency has the burden of demonstrating that it 36.26 has made reasonable efforts or that provision of services or 36.27 further services for the purpose of rehabilitation and 36.28 reunification is futile and therefore unreasonable under the 36.29 circumstances. Reunification of a surviving child with a parent 36.30 is not required if the parent has been convicted of: 36.31 (1) a violation of, or an attempt or conspiracy to commit a 36.32 violation of, sections 609.185 to 609.20; 609.222, subdivision 36.33 2; or 609.223 in regard to another child of the parent; 36.34 (2) a violation of section 609.222, subdivision 2; or 36.35 609.223, in regard to the surviving child; or 36.36 (3) a violation of, or an attempt or conspiracy to commit a 37.1 violation of, United States Code, title 18, section 1111(a) or 37.2 1112(a), in regard to another child of the parent. 37.3 (c) The juvenile court, in proceedings under sections 37.4 260.172, 260.191, and 260.221 shall make findings and 37.5 conclusions as to the provision of reasonable efforts. When 37.6 determining whether reasonable efforts have been made, the court 37.7 shall consider whether services to the child and family were: 37.8 (1) relevant to the safety and protection of the child; 37.9 (2) adequate to meet the needs of the child and family; 37.10 (3) culturally appropriate; 37.11 (4) available and accessible; 37.12 (5) consistent and timely; and 37.13 (6) realistic under the circumstances. 37.14 In the alternative, the court may determine that provision 37.15 of services or further services for the purpose of 37.16 rehabilitation is futile and therefore unreasonable under the 37.17 circumstances or that reasonable efforts are not required as 37.18 provided in paragraph (a). 37.19 (d) This section does not prevent out-of-home placement for 37.20 treatment of a child with a mental disability when the child's 37.21 diagnostic assessment or individual treatment plan indicates 37.22 that appropriate and necessary treatment cannot be effectively 37.23 provided outside of a residential or inpatient treatment program. 37.24 (e) If continuation of reasonable efforts described in 37.25 paragraph (b) is determined to be inconsistent with the 37.26 permanency plan for the child, reasonable efforts must be made 37.27 to place the child in a timely manner in accordance with the 37.28 permanency plan and to complete whatever steps are necessary to 37.29 finalize the permanency plan for the child. 37.30 (f) Reasonable efforts to place a child for adoption or in 37.31 another permanent placement may be made concurrently with 37.32 reasonable efforts as described in paragraphs (a) and (b). 37.33 Sec. 25. Minnesota Statutes 1997 Supplement, section 37.34 260.015, subdivision 2a, is amended to read: 37.35 Subd. 2a. [CHILD IN NEED OF PROTECTION OR SERVICES.] 37.36 "Child in need of protection or services" means a child who is 38.1 in need of protection or services because the child: 38.2 (1) is abandoned or without parent, guardian, or custodian; 38.3 (2)(i) has been a victim of physical or sexual abuse, (ii) 38.4 resides with or has resided with a victim of domestic child 38.5 abuse as defined in subdivision 24, (iii) resides with or would 38.6 reside with a perpetrator of domestic child abuse or child abuse 38.7 as defined in subdivision 28, or (iv) is a victim of emotional 38.8 maltreatment as defined in subdivision 5a; 38.9 (3) is without necessary food, clothing, shelter, 38.10 education, or other required care for the child's physical or 38.11 mental health or morals because the child's parent, guardian, or 38.12 custodian is unable or unwilling to provide that care; 38.13 (4) is without the special care made necessary by a 38.14 physical, mental, or emotional condition because the child's 38.15 parent, guardian, or custodian is unable or unwilling to provide 38.16 that care; 38.17 (5) is medically neglected, which includes, but is not 38.18 limited to, the withholding of medically indicated treatment 38.19 from a disabled infant with a life-threatening condition. The 38.20 term "withholding of medically indicated treatment" means the 38.21 failure to respond to the infant's life-threatening conditions 38.22 by providing treatment, including appropriate nutrition, 38.23 hydration, and medication which, in the treating physician's or 38.24 physicians' reasonable medical judgment, will be most likely to 38.25 be effective in ameliorating or correcting all conditions, 38.26 except that the term does not include the failure to provide 38.27 treatment other than appropriate nutrition, hydration, or 38.28 medication to an infant when, in the treating physician's or 38.29 physicians' reasonable medical judgment: 38.30 (i) the infant is chronically and irreversibly comatose; 38.31 (ii) the provision of the treatment would merely prolong 38.32 dying, not be effective in ameliorating or correcting all of the 38.33 infant's life-threatening conditions, or otherwise be futile in 38.34 terms of the survival of the infant; or 38.35 (iii) the provision of the treatment would be virtually 38.36 futile in terms of the survival of the infant and the treatment 39.1 itself under the circumstances would be inhumane; 39.2 (6) is one whose parent, guardian, or other custodian for 39.3 good cause desires to be relieved of the child's care and 39.4 custody; 39.5 (7) has been placed for adoption or care in violation of 39.6 law; 39.7 (8) is without proper parental care because of the 39.8 emotional, mental, or physical disability, or state of 39.9 immaturity of the child's parent, guardian, or other custodian; 39.10 (9) is one whose behavior, condition, or environment is 39.11 such as to be injurious or dangerous to the child or others. An 39.12 injurious or dangerous environment may include, but is not 39.13 limited to, the exposure of a child to criminal activity in the 39.14 child's home; 39.15 (10) is experiencing growth delays, which may be referred 39.16 to as failure to thrive, that have been diagnosed by a physician 39.17 and are due to parental neglect; 39.18 (11) has engaged in prostitution as defined in section 39.19 609.321, subdivision 9; 39.20 (10)(12) has committed a delinquent act before becoming 39.21 ten years old; 39.22 (11)(13) is a runaway; 39.23 (12)(14) is an habitual truant; 39.24 (13)(15) has been found incompetent to proceed or has been 39.25 found not guilty by reason of mental illness or mental 39.26 deficiency in connection with a delinquency proceeding, a 39.27 certification under section 260.125, an extended jurisdiction 39.28 juvenile prosecution, or a proceeding involving a juvenile petty 39.29 offense; 39.30 (14)(16) is one whose custodial parent's parental rights 39.31 to another child have been involuntarily terminated within the 39.32 past five years; or 39.33 (15)(17) has been found by the court to have committed 39.34 domestic abuse perpetrated by a minor under Laws 1997, chapter 39.35 239, article 10, sections 2 to 26, has been ordered excluded 39.36 from the child's parent's home by an order for protection/minor 40.1 respondent, and the parent or guardian is either unwilling or 40.2 unable to provide an alternative safe living arrangement for the 40.3 child. 40.4 Sec. 26. Minnesota Statutes 1997 Supplement, section 40.5 260.015, subdivision 29, is amended to read: 40.6 Subd. 29. [EGREGIOUS HARM.] "Egregious harm" means the 40.7 infliction of bodily harm to a child or neglect of a child which 40.8 demonstrates a grossly inadequate ability to provide minimally 40.9 adequate parental care. The egregious harm need not have 40.10 occurred in the state or in the county where a termination of 40.11 parental rights action is otherwise properly venued. Egregious 40.12 harm includes, but is not limited to: 40.13 (1) conduct towards a child that constitutes a violation of 40.14 sections 609.185 to 609.21, 609.222, subdivision 2, 609.223, or 40.15 any other similar law of any other state; 40.16 (2) the infliction of "substantial bodily harm" to a child, 40.17 as defined in section 609.02, subdivision 8; 40.18 (3) conduct towards a child that constitutes felony 40.19 malicious punishment of a child under section 609.377; 40.20 (4) conduct towards a child that constitutes felony 40.21 unreasonable restraint of a child under section 609.255, 40.22 subdivision 3; 40.23 (5) conduct towards a child that constitutes felony neglect 40.24 or endangerment of a child under section 609.378; 40.25 (6) conduct towards a child that constitutes assault under 40.26 section 609.221, 609.222, or 609.223; 40.27 (7) conduct towards a child that constitutes solicitation, 40.28 inducement, or promotion of prostitution under section 609.322; 40.29 (8) conduct towards a child that constitutes receiving 40.30 profit derived from prostitution under section 609.323; or40.31 (9) conduct toward a child that constitutes a violation of40.32 murder or voluntary manslaughter as defined by United States 40.33 Code, title 18, section 1111(a) or 1112(a); or 40.34 (10) conduct toward a child that constitutes aiding or 40.35 abetting, attempting, conspiring, or soliciting to commit a 40.36 murder or voluntary manslaughter that constitutes a violation of 41.1 United States Code, title 18, section 1111(a) or 1112(a). 41.2 Sec. 27. Minnesota Statutes 1996, section 260.141, is 41.3 amended by adding a subdivision to read: 41.4 Subd. 4. [NOTICE TO FOSTER PARENTS AND PREADOPTIVE PARENTS 41.5 AND RELATIVES.] The foster parents, if any, of a child and any 41.6 preadoptive parent or relative providing care for the child must 41.7 be provided notice of and an opportunity to be heard in any 41.8 review or hearing to be held with respect to the child. Any 41.9 other relative may also request, and must be granted, a notice 41.10 and the opportunity to be heard under this section. This 41.11 subdivision does not require that a foster parent, preadoptive 41.12 parent, or relative providing care for the child be made a party 41.13 to a review or hearing solely on the basis of the notice and 41.14 opportunity to be heard. 41.15 Sec. 28. Minnesota Statutes 1997 Supplement, section 41.16 260.161, subdivision 2, is amended to read: 41.17 Subd. 2. [PUBLIC INSPECTION OF RECORDS.] Except as41.18 otherwise provided in this section, and except for(a) Legal 41.19 records arising from proceedings or portions of proceedings that 41.20 are public under section 260.155, subdivision 1, are open to 41.21 public inspection. 41.22 (b) The following records from proceedings or portions of 41.23 proceedings involving a child in need of protection or services 41.24 that are open to the public as authorized by supreme court order 41.25 and court rules are accessible to the public unless the court 41.26 determines that access should be restricted because of the 41.27 personal nature of the information: 41.28 (1) the summons and petition; 41.29 (2) affidavits of publication and service; 41.30 (3) certificates of representation; 41.31 (4) court orders; 41.32 (5) hearing and trial notices, witness lists, and 41.33 subpoenas; 41.34 (6) motions and legal memoranda; 41.35 (7) exhibits introduced at hearings or trial that are not 41.36 inaccessible under paragraph (c); and 42.1 (8) birth certificates. 42.2 (c) The following records are not accessible to the public 42.3 under paragraph (b): 42.4 (1) written, audiotaped, or videotaped information from the 42.5 social service agency, except to the extent the information 42.6 appears in the petition, court orders, or other documents that 42.7 are accessible under paragraph (b); 42.8 (2) child protection intake or screening notes; 42.9 (3) documents identifying reporters of maltreatment, unless 42.10 the names and other identifying information are redacted; 42.11 (4) guardian ad litem reports; 42.12 (5) victim statements and addresses and telephone numbers; 42.13 (6) documents identifying nonparty witnesses under the age 42.14 of 18, unless the names and other identifying information are 42.15 redacted; 42.16 (7) transcripts of testimony taken during closed hearing; 42.17 (8) fingerprinting materials; 42.18 (9) psychological, psychiatric, and chemical dependency 42.19 evaluations; 42.20 (10) presentence evaluations of juveniles and probation 42.21 reports; 42.22 (11) medical records and test results; 42.23 (12) reports issued by sexual predator programs; 42.24 (13) diversion records of juveniles; 42.25 (14) any document which the court, upon its own motion or 42.26 upon motion of a party, orders inaccessible to serve the best 42.27 interests of the child; and 42.28 (15) any other records that are not accessible to the 42.29 public under rules developed by the courts. 42.30 In addition, records that are accessible to the public 42.31 under paragraph (b) become inaccessible to the public if one 42.32 year has elapsed since either the proceeding was dismissed or 42.33 the court's jurisdiction over the matter was terminated. 42.34 (d) Except as otherwise provided by this section, none of 42.35 the records of the juvenile court and none of the records 42.36 relating to an appeal from a nonpublic juvenile court 43.1 proceeding, except the written appellate opinion, shall be open 43.2 to public inspection or their contents disclosed except (a) by 43.3 order of a court, (b) as required by sections 245A.04, 611A.03, 43.4 611A.04, 611A.06, and 629.73, or (c) the name of a juvenile who 43.5 is the subject of a delinquency petition shall be released to 43.6 the victim of the alleged delinquent act upon the victim's 43.7 request; unless it reasonably appears that the request is 43.8 prompted by a desire on the part of the requester to engage in 43.9 unlawful activities. The records of juvenile probation officers 43.10 and county home schools are records of the court for the 43.11 purposes of this subdivision. Court services data relating to 43.12 delinquent acts that are contained in records of the juvenile 43.13 court may be released as allowed under section 13.84, 43.14 subdivision 5a. This subdivision applies to all proceedings 43.15 under this chapter, including appeals from orders of the 43.16 juvenile court, except that this subdivision does not apply to 43.17 proceedings under section 260.255, 260.261, or 260.315 when the 43.18 proceeding involves an adult defendant. The court shall 43.19 maintain the confidentiality of adoption files and records in 43.20 accordance with the provisions of laws relating to adoptions. 43.21 In juvenile court proceedings any report or social history 43.22 furnished to the court shall be open to inspection by the 43.23 attorneys of record and the guardian ad litem a reasonable time 43.24 before it is used in connection with any proceeding before the 43.25 court. 43.26 (e) When a judge of a juvenile court, or duly authorized 43.27 agent of the court, determines under a proceeding under this 43.28 chapter that a child has violated a state or local law, 43.29 ordinance, or regulation pertaining to the operation of a motor 43.30 vehicle on streets and highways, except parking violations, the 43.31 judge or agent shall immediately report the violation to the 43.32 commissioner of public safety. The report must be made on a 43.33 form provided by the department of public safety and must 43.34 contain the information required under section 169.95. 43.35 Sec. 29. Minnesota Statutes 1996, section 260.172, 43.36 subdivision 1, is amended to read: 44.1 Subdivision 1. [HEARING AND RELEASE REQUIREMENTS.] (a) If 44.2 a child was taken into custody under section 260.165, 44.3 subdivision 1, clause (a) or (c)(2), the court shall hold a 44.4 hearing within 72 hours of the time the child was taken into 44.5 custody, excluding Saturdays, Sundays, and holidays, to 44.6 determine whether the child should continue in custody. 44.7 (b) In all other cases, the court shall hold a detention 44.8 hearing: 44.9 (1) within 36 hours of the time the child was taken into 44.10 custody, excluding Saturdays, Sundays, and holidays, if the 44.11 child is being held at a juvenile secure detention facility or 44.12 shelter care facility; or 44.13 (2) within 24 hours of the time the child was taken into 44.14 custody, excluding Saturdays, Sundays, and holidays, if the 44.15 child is being held at an adult jail or municipal lockup. 44.16 (c) Unless there is reason to believe that the child would 44.17 endanger self or others, not return for a court hearing, run 44.18 away from the child's parent, guardian, or custodian or 44.19 otherwise not remain in the care or control of the person to 44.20 whose lawful custody the child is released, or that the child's 44.21 health or welfare would be immediately endangered, the child 44.22 shall be released to the custody of a parent, guardian, 44.23 custodian, or other suitable person, subject to reasonable 44.24 conditions of release including, but not limited to, a 44.25 requirement that the child undergo a chemical use assessment as 44.26 provided in section 260.151, subdivision 1. In determining 44.27 whether the child's health or welfare would be immediately 44.28 endangered, the court shall consider whether the child would 44.29 reside with a perpetrator of domestic child abuse. In a 44.30 proceeding regarding a child in need of protection or services, 44.31 the court, before determining whether a child should continue in 44.32 custody, shall also make a determination, consistent with 44.33 section 260.012 as to whether reasonable efforts, or in the case 44.34 of an Indian child, active efforts, according to the Indian 44.35 Child Welfare Act of 1978, United States Code, title 25, section 44.36 1912(d), were made to prevent placement or to reunite the child 45.1 with the child's family, or that reasonable efforts were not 45.2 possible. The court shall also determine whether there are 45.3 available services that would prevent the need for further 45.4 detention. 45.5 If the court finds the social services agency's preventive 45.6 or reunification efforts have not been reasonable but further 45.7 preventive or reunification efforts could not permit the child 45.8 to safely remain at home, the court may nevertheless authorize 45.9 or continue the removal of the child. 45.10 The court may determine at the detention hearing, or at any 45.11 time prior to an adjudicatory hearing, that reasonable efforts 45.12 are not required because the facts, if proved, will demonstrate 45.13 that the parent has subjected the child to egregious harm as 45.14 defined in section 260.015, subdivision 29, or the parental 45.15 rights of the parent to a sibling of the child have been 45.16 terminated involuntarily. 45.17 Sec. 30. Minnesota Statutes 1997 Supplement, section 45.18 260.191, subdivision 1, is amended to read: 45.19 Subdivision 1. [DISPOSITIONS.] (a) If the court finds that 45.20 the child is in need of protection or services or neglected and 45.21 in foster care, it shall enter an order making any of the 45.22 following dispositions of the case: 45.23 (1) place the child under the protective supervision of the 45.24 local social services agency or child-placing agency in the 45.25 child's own home under conditions prescribed by the court 45.26 directed to the correction of the child's need for protection or 45.27 services; 45.28 (2) transfer legal custody to one of the following: 45.29 (i) a child-placing agency; or 45.30 (ii) the local social services agency. 45.31 In placing a child whose custody has been transferred under 45.32 this paragraph, the agencies shall follow the order of 45.33 preference stated in section 260.181, subdivision 3; 45.34 (3) if the child is in need of special treatment and care 45.35 for reasons of physical or mental health, the court may order 45.36 the child's parent, guardian, or custodian to provide it. If 46.1 the parent, guardian, or custodian fails or is unable to provide 46.2 this treatment or care, the court may order it provided. The 46.3 court shall not transfer legal custody of the child for the 46.4 purpose of obtaining special treatment or care solely because 46.5 the parent is unable to provide the treatment or care. If the 46.6 court's order for mental health treatment is based on a 46.7 diagnosis made by a treatment professional, the court may order 46.8 that the diagnosing professional not provide the treatment to 46.9 the child if it finds that such an order is in the child's best 46.10 interests; or 46.11 (4) if the court believes that the child has sufficient 46.12 maturity and judgment and that it is in the best interests of 46.13 the child, the court may order a child 16 years old or older to 46.14 be allowed to live independently, either alone or with others as 46.15 approved by the court under supervision the court considers 46.16 appropriate, if the county board, after consultation with the 46.17 court, has specifically authorized this dispositional 46.18 alternative for a child. 46.19 (b) If the child was adjudicated in need of protection or 46.20 services because the child is a runaway or habitual truant, the 46.21 court may order any of the following dispositions in addition to 46.22 or as alternatives to the dispositions authorized under 46.23 paragraph (a): 46.24 (1) counsel the child or the child's parents, guardian, or 46.25 custodian; 46.26 (2) place the child under the supervision of a probation 46.27 officer or other suitable person in the child's own home under 46.28 conditions prescribed by the court, including reasonable rules 46.29 for the child's conduct and the conduct of the parents, 46.30 guardian, or custodian, designed for the physical, mental, and 46.31 moral well-being and behavior of the child; or with the consent 46.32 of the commissioner of corrections, place the child in a group 46.33 foster care facility which is under the commissioner's 46.34 management and supervision; 46.35 (3) subject to the court's supervision, transfer legal 46.36 custody of the child to one of the following: 47.1 (i) a reputable person of good moral character. No person 47.2 may receive custody of two or more unrelated children unless 47.3 licensed to operate a residential program under sections 245A.01 47.4 to 245A.16; or 47.5 (ii) a county probation officer for placement in a group 47.6 foster home established under the direction of the juvenile 47.7 court and licensed pursuant to section 241.021; 47.8 (4) require the child to pay a fine of up to $100. The 47.9 court shall order payment of the fine in a manner that will not 47.10 impose undue financial hardship upon the child; 47.11 (5) require the child to participate in a community service 47.12 project; 47.13 (6) order the child to undergo a chemical dependency 47.14 evaluation and, if warranted by the evaluation, order 47.15 participation by the child in a drug awareness program or an 47.16 inpatient or outpatient chemical dependency treatment program; 47.17 (7) if the court believes that it is in the best interests 47.18 of the child and of public safety that the child's driver's 47.19 license or instruction permit be canceled, the court may order 47.20 the commissioner of public safety to cancel the child's license 47.21 or permit for any period up to the child's 18th birthday. If 47.22 the child does not have a driver's license or permit, the court 47.23 may order a denial of driving privileges for any period up to 47.24 the child's 18th birthday. The court shall forward an order 47.25 issued under this clause to the commissioner, who shall cancel 47.26 the license or permit or deny driving privileges without a 47.27 hearing for the period specified by the court. At any time 47.28 before the expiration of the period of cancellation or denial, 47.29 the court may, for good cause, order the commissioner of public 47.30 safety to allow the child to apply for a license or permit, and 47.31 the commissioner shall so authorize; 47.32 (8) order that the child's parent or legal guardian deliver 47.33 the child to school at the beginning of each school day for a 47.34 period of time specified by the court; or 47.35 (9) require the child to perform any other activities or 47.36 participate in any other treatment programs deemed appropriate 48.1 by the court. 48.2 To the extent practicable, the court shall enter a 48.3 disposition order the same day it makes a finding that a child 48.4 is in need of protection or services or neglected and in foster 48.5 care, but in no event more than 15 days after the finding unless 48.6 the court finds that the best interests of the child will be 48.7 served by granting a delay. If the child was under eight years 48.8 of age at the time the petition was filed, the disposition order 48.9 must be entered within ten days of the finding and the court may 48.10 not grant a delay unless good cause is shown and the court finds 48.11 the best interests of the child will be served by the delay. 48.12 (c) If a child who is 14 years of age or older is 48.13 adjudicated in need of protection or services because the child 48.14 is a habitual truant and truancy procedures involving the child 48.15 were previously dealt with by a school attendance review board 48.16 or county attorney mediation program under section 260A.06 or 48.17 260A.07, the court shall order a cancellation or denial of 48.18 driving privileges under paragraph (b), clause (7), for any 48.19 period up to the child's 18th birthday. 48.20 (d) In the case of a child adjudicated in need of 48.21 protection or services because the child has committed domestic 48.22 abuse and been ordered excluded from the child's parent's home, 48.23 the court shall dismiss jurisdiction if the court, at any time, 48.24 finds the parent is able or willing to provide an alternative 48.25 safe living arrangement for the child, as defined in Laws 1997, 48.26 chapter 239, article 10, section 2. 48.27 Sec. 31. Minnesota Statutes 1997 Supplement, section 48.28 260.191, subdivision 1a, is amended to read: 48.29 Subd. 1a. [WRITTEN FINDINGS.] Any order for a disposition 48.30 authorized under this section shall contain written findings of 48.31 fact to support the disposition ordered, and shall also set 48.32 forth in writing the following information: 48.33 (a) Why the best interests of the child are served by the 48.34 disposition ordered; 48.35 (b) What alternative dispositions were considered by the 48.36 court and why such dispositions were not appropriate in the 49.1 instant case; 49.2 (c) How the court's disposition complies with the 49.3 requirements of section 260.181, subdivision 3; and 49.4 (d) Whether reasonable efforts consistent with section 49.5 260.012 were made to prevent or eliminate the necessity of the 49.6 child's removal and to reunify the family after removal. The 49.7 court's findings must include a brief description of what 49.8 preventive and reunification efforts were made and why further 49.9 efforts could not have prevented or eliminated the necessity of 49.10 removal or that reasonable efforts were not required under 49.11 section 260.012 or 260.172, subdivision 1. 49.12 If the court finds that the social services agency's 49.13 preventive or reunification efforts have not been reasonable but 49.14 that further preventive or reunification efforts could not 49.15 permit the child to safely remain at home, the court may 49.16 nevertheless authorize or continue the removal of the child. 49.17 Sec. 32. Minnesota Statutes 1997 Supplement, section 49.18 260.191, subdivision 3a, is amended to read: 49.19 Subd. 3a. [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 49.20 the court places a child in a residential facility, as defined 49.21 in section 257.071, subdivision 1, the court shall review the 49.22 out-of-home placement at least every six months to determine 49.23 whether continued out-of-home placement is necessary and 49.24 appropriate or whether the child should be returned home. The 49.25 court shall review agency efforts pursuant to section 257.072, 49.26 subdivision 1, and order that the efforts continue if the agency 49.27 has failed to perform the duties under that section. The court 49.28 shall review the case plan and may modify the case plan as 49.29 provided under subdivisions 1e and 2. If the court orders 49.30 continued out-of-home placement, the court shall notify the 49.31 parents of the provisions of subdivision 3b. 49.32 (b) When the court determines that a permanent placement 49.33 hearing is necessary because there is a likelihood that the 49.34 child will not return to a parent's care, the court may 49.35 authorize the agency with custody of the child to send the 49.36 notice provided in this paragraph to any adult with whom the50.1 child is currently residing, any adult with whom the child has50.2 resided for one year or longer in the past, any adult who has50.3 maintained a relationship or exercised visitation with the child50.4 as identified in the agency case plan for the child or50.5 demonstrated an interest in the child, and any relative who has50.6 provided a current address to the local social service agency.50.7 This notice must not be provided to a parent whose parental50.8 rights to the child have been terminated under section 260.221,50.9 subdivision 1. The notice must state that a permanent home is50.10 sought for the child and that individuals receiving the notice50.11 may indicate to the agency within 30 days their interest in50.12 providing a permanent homesection 257.071, subdivision 1d, 50.13 paragraph (b), or may modify the requirements of the agency 50.14 under section 257.071, subdivision 1d, paragraph (b), or may 50.15 completely relieve the responsible social service agency of the 50.16 requirements of section 257.071, subdivision 1d, paragraph (b), 50.17 when the child is placed with an appropriate relative who wishes 50.18 to provide a permanent home for the child. The actions ordered 50.19 by the court under this section must be consistent with the best 50.20 interests, safety, and welfare of the child. 50.21 Sec. 33. Minnesota Statutes 1997 Supplement, section 50.22 260.191, subdivision 3b, is amended to read: 50.23 Subd. 3b. [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 50.24 PLACEMENT DETERMINATION.] (a) The court shall conduct a hearing 50.25 to determine the permanent status of a child not later than 12 50.26 months after the child is placed out of the home of the parent, 50.27 except that if the child was under eight years of age at the 50.28 time the petition was filed, the hearing must be conducted no 50.29 later than six months after the child is placed out of the home 50.30 of the parent. 50.31 For purposes of this subdivision, the date of the child's 50.32 placement out of the home of the parent is the earlier of the 50.33 first court-ordered placement or the first court-approved50.34 placement under section 257.071, subdivision 3, of a child who50.35 had been in voluntary placement60 days after the date on which 50.36 the child has been voluntarily placed out of the home. 51.1 For purposes of this subdivision, 12 months is calculated 51.2 as follows: 51.3 (1) during the pendency of a petition alleging that a child 51.4 is in need of protection or services, all time periods when a 51.5 child is placed out of the home of the parent are cumulated; 51.6 (2) if a child has been placed out of the home of the 51.7 parent within the previous five years in connection with one or 51.8 more prior petitions for a child in need of protection or 51.9 services, the lengths of all prior time periods when the child 51.10 was placed out of the home within the previous five years and 51.11 under the current petition, are cumulated. If a child under 51.12 this clause has been out of the home for 12 months or more, the 51.13 court, if it is in the best interests of the child, may extend 51.14 the total time the child may continue out of the home under the 51.15 current petition up to an additional six months before making a 51.16 permanency determination. 51.17 (b) Not later than ten days prior to this hearing, the 51.18 responsible social service agency shall file pleadings to 51.19 establish the basis for the permanent placement determination. 51.20 Notice of the hearing and copies of the pleadings must be 51.21 provided pursuant to section 260.141. If a termination of 51.22 parental rights petition is filed before the date required for 51.23 the permanency planning determination, no hearing need be 51.24 conducted under this subdivision. The court shall determine 51.25 whether the child is to be returned home or, if not, what 51.26 permanent placement is consistent with the child's best 51.27 interests. The "best interests of the child" means all relevant 51.28 factors to be considered and evaluated. 51.29 (c) At a hearing under this subdivision, if the child was 51.30 under eight years of age at the time the petition was filed 51.31 alleging the child in need of protection or services, the court 51.32 shall review the progress of the case and the case plan, 51.33 including the provision of services. The court may order the 51.34 local social service agency to show cause why it should not file 51.35 a termination of parental rights petition. Cause may include, 51.36 but is not limited to, the following conditions: 52.1 (1) the parents or guardians have maintained regular 52.2 contact with the child, the parents are complying with the 52.3 court-ordered case plan, and the child would benefit from 52.4 continuing this relationship; 52.5 (2) grounds for termination under section 260.221 do not 52.6 exist; or 52.7 (3) the permanent plan for the child is transfer of 52.8 permanent legal and physical custody to a relative. 52.9 (d) If the child is not returned to the home, the 52.10 dispositions available for permanent placement determination are: 52.11 (1) permanent legal and physical custody to a relative in 52.12 the best interests of the child. In transferring permanent 52.13 legal and physical custody to a relative, the juvenile court 52.14 shall follow the standards and procedures applicable under 52.15 chapter 257 or 518. An order establishing permanent legal or 52.16 physical custody under this subdivision must be filed with the 52.17 family court. A transfer of legal and physical custody includes 52.18 responsibility for the protection, education, care, and control 52.19 of the child and decision making on behalf of the child. The 52.20 social service agency may petition on behalf of the proposed 52.21 custodian; 52.22 (2) termination of parental rights and adoption; the social 52.23 service agency shall file a petition for termination of parental 52.24 rights under section 260.231 and all the requirements of 52.25 sections 260.221 to 260.245 remain applicable. An adoption 52.26 completed subsequent to a determination under this subdivision 52.27 may include an agreement for communication or contact under 52.28 section 259.58; or 52.29 (3) long-term foster care; transfer of legal custody and 52.30 adoption are preferred permanency options for a child who cannot 52.31 return home. The court may order a child into long-term foster 52.32 care only if it finds that neither an award of legal and 52.33 physical custody to a relative, nor termination of parental 52.34 rights nor adoption is in the child's best interests. Further, 52.35 the court may only order long-term foster care for the child 52.36 under this section if it finds the following: 53.1 (i) the child has reached age 12 and reasonable efforts by 53.2 the responsible social service agency have failed to locate an 53.3 adoptive family for the child; or 53.4 (ii) the child is a sibling of a child described in clause 53.5 (i) and the siblings have a significant positive relationship 53.6 and are ordered into the same long-term foster care home; or 53.7 (4) foster care for a specified period of time may be 53.8 ordered only if: 53.9 (i) the sole basis for an adjudication that a child is in 53.10 need of protection or services is that the child is a runaway, 53.11 is an habitual truant, or committed a delinquent act before age 53.12 ten; and 53.13 (ii) the court finds that foster care for a specified 53.14 period of time is in the best interests of the child. 53.15 (d)(e) In ordering a permanent placement of a child, the 53.16 court must be governed by the best interests of the child, 53.17 including a review of the relationship between the child and 53.18 relatives and the child and other important persons with whom 53.19 the child has resided or had significant contact. 53.20 (e)(f) Once a permanent placement determination has been 53.21 made and permanent placement has been established, further court 53.22 reviews and dispositional hearings are only necessary if the 53.23 placement is made under paragraph (c)(d), clause (4), review is 53.24 otherwise required by federal law, an adoption has not yet been 53.25 finalized, or there is a disruption of the permanent or 53.26 long-term placement. 53.27 (f)(g) An order under this subdivision must include the 53.28 following detailed findings: 53.29 (1) how the child's best interests are served by the order; 53.30 (2) the nature and extent of the responsible social service 53.31 agency's reasonable efforts, or, in the case of an Indian child, 53.32 active efforts, to reunify the child with the parent or parents; 53.33 (3) the parent's or parents' efforts and ability to use 53.34 services to correct the conditions which led to the out-of-home 53.35 placement; 53.36 (4) whether the conditions which led to the out-of-home 54.1 placement have been corrected so that the child can return home; 54.2 and 54.3 (5) if the child cannot be returned home, whether there is 54.4 a substantial probability of the child being able to return home 54.5 in the next six months. 54.6 (g)(h) An order for permanent legal and physical custody 54.7 of a child may be modified under sections 518.18 and 518.185. 54.8 The social service agency is a party to the proceeding and must 54.9 receive notice. An order for long-term foster care is 54.10 reviewable upon motion and a showing by the parent of a 54.11 substantial change in the parent's circumstances such that the 54.12 parent could provide appropriate care for the child and that 54.13 removal of the child from the child's permanent placement and 54.14 the return to the parent's care would be in the best interest of 54.15 the child. 54.16 Sec. 34. Minnesota Statutes 1996, section 260.221, as 54.17 amended by Laws 1997, chapters 218, sections 10 and 11, and 239, 54.18 article 6, section 30, is amended to read: 54.19 260.221 [ GROUNDS FORTERMINATION OF PARENTAL RIGHTS.] 54.20 Subdivision 1. [VOLUNTARY AND INVOLUNTARY.] The juvenile 54.21 court may upon petition, terminate all rights of a parent to a 54.22 child: 54.23 (a) with the written consent of a parent who for good cause 54.24 desires to terminate parental rights; or 54.25 (b) if it finds that one or more of the following 54.26 conditions exist: 54.27 (1) that the parent has abandoned the child; or54.28 (2) that the parent has substantially, continuously, or 54.29 repeatedly refused or neglected to comply with the duties 54.30 imposed upon that parent by the parent and child relationship, 54.31 including but not limited to providing the child with necessary 54.32 food, clothing, shelter, education, and other care and control 54.33 necessary for the child's physical, mental, or emotional health 54.34 and development, if the parent is physically and financially 54.35 able, and reasonable efforts by the social service agency have 54.36 failed to correct the conditions that formed the basis of the 55.1 petition; or55.2 (3) that a parent has been ordered to contribute to the 55.3 support of the child or financially aid in the child's birth and 55.4 has continuously failed to do so without good cause. This 55.5 clause shall not be construed to state a grounds for termination 55.6 of parental rights of a noncustodial parent if that parent has 55.7 not been ordered to or cannot financially contribute to the 55.8 support of the child or aid in the child's birth; or55.9 (4) that a parent is palpably unfit to be a party to the 55.10 parent and child relationship because of a consistent pattern of 55.11 specific conduct before the child or of specific conditions 55.12 directly relating to the parent and child relationship either of 55.13 which are determined by the court to be of a duration or nature 55.14 that renders the parent unable, for the reasonably foreseeable 55.15 future, to care appropriately for the ongoing physical, mental, 55.16 or emotional needs of the child. It is presumed that a parent 55.17 is palpably unfit to be a party to the parent and child 55.18 relationship upon a showing that: 55.19 (i) the child was adjudicated in need of protection or 55.20 services due to circumstances described in section 260.015, 55.21 subdivision 2a, clause (1), (2), (3), (5), or (8); and 55.22 (ii) the parent's parental rights to one or more other 55.23 children were involuntarily terminated under clause (1), (2), 55.24 (4), or (7), or under clause (5) if the child was initially 55.25 determined to be in need of protection or services due to 55.26 circumstances described in section 260.015, subdivision 2a, 55.27 clause (1), (2), (3), (5), or (8); or55.28 (5) that following upon a determination of neglect or 55.29 dependency, or of a child's need for protection or services, 55.30 reasonable efforts, under the direction of the court, have 55.31 failed to correct the conditions leading to the determination. 55.32 It is presumed that reasonable efforts under this clause have 55.33 failed upon a showing that: 55.34 (i) a child has resided out of the parental home under 55.35 court order for a cumulative period of more than one year within 55.36 a five-year period following an adjudication of dependency, 56.1 neglect, need for protection or services under section 260.015, 56.2 subdivision 2a, clause (1), (2), (3), (6), (8), or (9), or 56.3 neglected and in foster care, and an order for disposition under 56.4 section 260.191, including adoption of the case plan required by 56.5 section 257.071; 56.6 (ii) conditions leading to the determination will not be 56.7 corrected within the reasonably foreseeable future. It is 56.8 presumed that conditions leading to a child's out-of-home 56.9 placement will not be corrected in the reasonably foreseeable 56.10 future upon a showing that the parent or parents have not 56.11 substantially complied with the court's orders and a reasonable 56.12 case plan, and the conditions which led to the out-of-home 56.13 placement have not been corrected; and 56.14 (iii) reasonable efforts have been made by the social 56.15 service agency to rehabilitate the parent and reunite the family. 56.16 This clause does not prohibit the termination of parental 56.17 rights prior to one year after a child has been placed out of 56.18 the home. 56.19 It is also presumed that reasonable efforts have failed 56.20 under this clause upon a showing that: 56.21 (i) the parent has been diagnosed as chemically dependent 56.22 by a professional certified to make the diagnosis; 56.23 (ii) the parent has been required by a case plan to 56.24 participate in a chemical dependency treatment program; 56.25 (iii) the treatment programs offered to the parent were 56.26 culturally, linguistically, and clinically appropriate; 56.27 (iv) the parent has either failed two or more times to 56.28 successfully complete a treatment program or has refused at two 56.29 or more separate meetings with a caseworker to participate in a 56.30 treatment program; and 56.31 (v) the parent continues to abuse chemicals. 56.32 Provided, that this presumption applies only to parents required 56.33 by a case plan to participate in a chemical dependency treatment 56.34 program on or after July 1, 1990; or56.35 (6) that a child has experienced egregious harm in the 56.36 parent's care which is of a nature, duration, or chronicity that 57.1 indicates a lack of regard for the child's well-being, such that 57.2 a reasonable person would believe it contrary to the best 57.3 interest of the child or of any child to be in the parent's 57.4 care; or57.5 (7) that in the case of a child born to a mother who was 57.6 not married to the child's father when the child was conceived 57.7 nor when the child was born the person is not entitled to notice 57.8 of an adoption hearing under section 259.49 and the person has 57.9 not registered with the putative fathers' adoption registry 57.10 under section 259.52; or57.11 (8) that the child is neglected and in foster care; or 57.12 (9) that the parent has been convicted of a crime listed in 57.13 section 260.012, paragraph (b), clauses (1) to (3). 57.14 In an action involving an American Indian child, sections 57.15 257.35 to 257.3579 and the Indian Child Welfare Act, United 57.16 States Code, title 25, sections 1901 to 1923, control to the 57.17 extent that the provisions of this section are inconsistent with 57.18 those laws. 57.19 Subd. 1a. [EVIDENCE OF ABANDONMENT.] For purposes of 57.20 subdivision 1, paragraph (b), clause (1): 57.21 (a) Abandonment is presumed when: 57.22 (1) the parent has had no contact with the child on a 57.23 regular basis and not demonstrated consistent interest in the 57.24 child's well-being for six months ;and 57.25 (2)the social service agency has made reasonable efforts 57.26 to facilitate contact, unless the parent establishes that an 57.27 extreme financial or physical hardship or treatment for mental 57.28 disability or chemical dependency or other good cause prevented 57.29 the parent from making contact with the child. This presumption 57.30 does not apply to children whose custody has been determined 57.31 under chapter 257 or 518 . The court is not prohibited from57.32 finding abandonment in the absence of this presumption; or 57.33 (2) the child is under two years of age and has been 57.34 deserted by the parent under circumstances that show an intent 57.35 not to return to care for the child. 57.36 The court is not prohibited from finding abandonment in the 58.1 absence of the presumptions in clauses (1) and (2). 58.2 (b) The following are prima facie evidence of abandonment 58.3 where adoption proceedings are pending and there has been a 58.4 showing that the person was not entitled to notice of an 58.5 adoption proceeding under section 259.49: 58.6 (1) failure to register with the putative fathers' adoption 58.7 registry under section 259.52; or 58.8 (2) if the person registered with the putative fathers' 58.9 adoption registry under section 259.52: 58.10 (i) filing a denial of paternity within 30 days of receipt 58.11 of notice under section 259.52, subdivision 8; 58.12 (ii) failing to timely file an intent to claim parental 58.13 rights with entry of appearance form within 30 days of receipt 58.14 of notice under section 259.52, subdivision 10; or 58.15 (iii) timely filing an intent to claim parental rights with 58.16 entry of appearance form within 30 days of receipt of notice 58.17 under section 259.52, subdivision 10, but failing to initiate a 58.18 paternity action within 30 days of receiving the putative 58.19 fathers' adoption registry notice where there has been no 58.20 showing of good cause for the delay. 58.21 Subd. 1b. [REQUIRED TERMINATION OF PARENTAL RIGHTS.] (a) 58.22 The county attorney shall file a termination of parental rights 58.23 petition within 30 days of a child's placement in out-of-home 58.24 care if the child has been subjected to egregious harm as 58.25 defined in section 260.015, subdivision 29, is the sibling of 58.26 another child of the parent who was subjected to egregious harm, 58.27 or is an abandoned infant as defined in subdivision 1a, 58.28 paragraph (a), clause (2). The local social services agency 58.29 shall concurrently identify, recruit, process, and approve an 58.30 adoptive family for the child. If a termination of parental 58.31 rights petition has been filed by another party the local social 58.32 services agency shall be joined as a party to the petition. If 58.33 criminal charges have been filed against a parent arising out of 58.34 the conduct alleged to constitute egregious harm, the county 58.35 attorney shall determine which matter should proceed to trial 58.36 first, consistent with the best interests of the child and 59.1 subject to the defendant's right to a speedy trial. 59.2 (b) This requirement does not apply if the county attorney 59.3 determines and files with the court its determination that a 59.4 transfer of permanent legal and physical custody to a relative 59.5 is in the best interests of the child or there is a compelling 59.6 reason documented by the local social services agency that 59.7 filing the petition would not be in the best interests of the 59.8 child. 59.9 Subd. 1c. [CURRENT FOSTER CARE CHILDREN.] The county 59.10 attorney shall file a termination of parental rights petition or 59.11 other permanent placement proceeding under section 260.191, 59.12 subdivision 3b, for all children determined to be in need of 59.13 protection or services who are placed in out-of-home care for 59.14 reasons other than care or treatment of the child's disability, 59.15 and who are in out-of-home placement on the day following final 59.16 enactment of this section, and have been in out-of-home care for 59.17 15 of the most recent 22 months. 59.18 Subd. 2. [ADOPTIVE PARENT.] For purposes of subdivision 1, 59.19 clause (a), an adoptive parent may not terminate parental rights 59.20 to an adopted child for a reason that would not apply to a birth 59.21 parent seeking termination of parental rights to a child under 59.22 subdivision 1, clause (a). 59.23 Subd. 3. [WHEN PRIOR FINDING REQUIRED.] For purposes of 59.24 subdivision 1, clause (b), no prior judicial finding of 59.25 dependency, neglect, need for protection or services, or 59.26 neglected and in foster care is required, except as provided in 59.27 subdivision 1, clause (b), item (5). 59.28 Subd. 4. [BEST INTERESTS OF CHILD PARAMOUNT.] In any 59.29 proceeding under this section, the best interests of the child 59.30 must be the paramount consideration, provided that the 59.31 conditions in subdivision 1, clause (a), or at least one 59.32 condition in subdivision 1, clause (b), are found by the court. 59.33 In proceedings involving an American Indian child, as defined in 59.34 section 257.351, subdivision 6, the best interests of the child 59.35 must be determined consistent with the Indian Child Welfare Act 59.36 of 1978, United States Code, title 25, section 1901, et seq. 60.1 Where the interests of parent and child conflict, the interests 60.2 of the child are paramount. 60.3 Subd. 5. [FINDINGS REGARDING REASONABLE EFFORTS.] In any 60.4 proceeding under this section, the court shall make specific 60.5 findings: 60.6 (1) regarding the nature and extent of efforts made by the 60.7 social service agency to rehabilitate the parent and reunite the 60.8 family; 60.9 (2) that provision of services or further services for the 60.10 purpose of rehabilitation and reunification is futile and 60.11 therefore unreasonable under the circumstances; or 60.12 (3) that reasonable efforts at reunification isare not 60.13 required because the parent has been convicted of a crime listed60.14 in section 260.012, paragraph (b), clauses (1) to (3)as 60.15 provided under section 260.012. 60.16 Sec. 35. Minnesota Statutes 1997 Supplement, section 60.17 260.241, subdivision 3, is amended to read: 60.18 Subd. 3. [ORDER; RETENTION OF JURISDICTION.] (a) A 60.19 certified copy of the findings and the order terminating 60.20 parental rights, and a summary of the court's information 60.21 concerning the child shall be furnished by the court to the 60.22 commissioner or the agency to which guardianship is 60.23 transferred. The orders shall be on a document separate from 60.24 the findings. The court shall furnish the individual to whom 60.25 guardianship is transferred a copy of the order terminating 60.26 parental rights. 60.27 (b) The court shall retain jurisdiction in a case where 60.28 adoption is the intended permanent placement disposition. The 60.29 guardian ad litem and counsel for the child shall continue on 60.30 the case until an adoption decree is entered. A hearing must be 60.31 held every 90 days following termination of parental rights for 60.32 the court to review progress toward an adoptive placement and 60.33 the specific recruitment efforts the agency has taken to find an 60.34 adoptive family or other placement living arrangement for the 60.35 child and to finalize the adoption or other permanency plan. 60.36 (c) The court shall retain jurisdiction in a case where 61.1 long-term foster care is the permanent disposition. The 61.2 guardian ad litem and counsel for the child must be dismissed 61.3 from the case on the effective date of the permanent placement 61.4 order. However, the foster parent and the child, if of 61.5 sufficient age, must be informed how they may contact a guardian 61.6 ad litem if the matter is subsequently returned to court. 61.7 Sec. 36. Minnesota Statutes 1996, section 626.556, is 61.8 amended by adding a subdivision to read: 61.9 Subd. 11d. [DISCLOSURE IN CHILD FATALITY OR NEAR FATALITY 61.10 CASES.] (a) The definitions in this paragraph apply to this 61.11 section. 61.12 (1) "Child fatality" means the death of a child from 61.13 suspected abuse, neglect, or maltreatment. 61.14 (2) "Near fatality" means a case in which a physician 61.15 determines that a child is in serious or critical condition as 61.16 the result of sickness or injury caused by suspected abuse, 61.17 neglect, or maltreatment. 61.18 (3) "Findings and information" means a written summary 61.19 described in paragraph (c) of actions taken or services rendered 61.20 by a local social services agency following receipt of a report. 61.21 (b) Notwithstanding any other provision of law and subject 61.22 to this subdivision, a public agency shall disclose to the 61.23 public, upon request, the findings and information related to a 61.24 child fatality or near fatality if: 61.25 (1) a person is criminally charged with having caused the 61.26 child fatality or near fatality; or 61.27 (2) a county attorney certifies that a person would have 61.28 been charged with having caused the child fatality or near 61.29 fatality but for that person's death. 61.30 (c) Findings and information disclosed under this 61.31 subdivision consist of a written summary that includes any of 61.32 the following information the agency is able to provide: 61.33 (1) the dates, outcomes, and results of any actions taken 61.34 or services rendered; 61.35 (2) the results of any review of the state child mortality 61.36 review panel, a local child mortality review panel, a local 62.1 community child protection team, or any public agency; and 62.2 (3) confirmation of the receipt of all reports, accepted or 62.3 not accepted, by the local welfare agency for assessment of 62.4 suspected child abuse, neglect, or maltreatment, including 62.5 confirmation that investigations were conducted, the results of 62.6 the investigations, a description of the conduct of the most 62.7 recent investigation and the services rendered, and a statement 62.8 of the basis for the agency's determination. 62.9 (d) Nothing in this subdivision authorizes access to the 62.10 private data in the custody of a local social services agency, 62.11 or the disclosure to the public of the records or content of any 62.12 psychiatric, psychological, or therapeutic evaluations, or the 62.13 disclosure of information that would reveal the identities of 62.14 persons who provided information related to suspected abuse, 62.15 neglect, or maltreatment of the child. 62.16 (e) A person whose request is denied may apply to the 62.17 appropriate court for an order compelling disclosure of all or 62.18 part of the findings and information of the public agency. The 62.19 application must set forth, with reasonable particularity, 62.20 factors supporting the application. The court has jurisdiction 62.21 to issue these orders. Actions under this section must be set 62.22 down for immediate hearing, and subsequent proceedings in those 62.23 actions must be given priority by the appellate courts. 62.24 (f) A public agency or its employees acting in good faith 62.25 in disclosing or declining to disclose information under this 62.26 section are immune from criminal or civil liability that might 62.27 otherwise be incurred or imposed for that action. 62.28 Sec. 37. [INCONSISTENT AMENDMENTS.] 62.29 The amendments to Minnesota Statutes in this article 62.30 prevail over any inconsistent amendments to the same statutes 62.31 contained in 1998 S.F. No. 3346, if enacted. 62.32 Sec. 38. [EFFECTIVE DATE.] 62.33 This article is effective the day following final 62.34 enactment, except that: 62.35 (1) sections 11 and 32 are effective July 1, 1998; 62.36 (2) section 20 is effective retroactive to July 1, 1997, 63.1 and applies to communication or contact agreements entered into 63.2 on or after that date; and 63.3 (3) section 30 and the provisions of section 33, paragraphs 63.4 (a) and (c), that apply to children under eight years of age, 63.5 are effective July 1, 1999. 63.6 The amendments to Minnesota Statutes 1997 Supplement, 63.7 section 260.191, subdivision 1; and the amendments to Minnesota 63.8 Statutes 1997 Supplement, section 260.191, subdivision 3b, 63.9 paragraphs (a) and (c), relating to children under eight years 63.10 of age, that are contained in 1998 S.F. No. 3346, if enacted, 63.11 are effective July 1, 1999. 63.12 ARTICLE 2 63.13 CONCURRENT PERMANENCY PLANNING 63.14 Section 1. Minnesota Statutes 1997 Supplement, section 63.15 256F.05, subdivision 8, is amended to read: 63.16 Subd. 8. [USES OF FAMILY PRESERVATION FUND GRANTS.] (a) A 63.17 county which has not demonstrated that year that its family 63.18 preservation core services are developed as provided in 63.19 subdivision 1a, must use its family preservation fund grant 63.20 exclusively for family preservation services defined in section 63.21 256F.03, subdivision 5, paragraphs (a), (b), (c), and (e). 63.22 (b) A county which has demonstrated that year that its 63.23 family preservation core services are developed becomes eligible 63.24 either to continue using its family preservation fund grant as 63.25 provided in paragraph (a), or to exercise the expanded service 63.26 option under paragraph (c). 63.27 (c) The expanded service option permits an eligible county 63.28 to use its family preservation fund grant for child welfare 63.29 preventive services. For purposes of this section, child 63.30 welfare preventive services are those services directed toward a 63.31 specific child or family that further the goals of section 63.32 256F.01 and include assessments, family preservation services, 63.33 service coordination, community-based treatment, crisis nursery 63.34 services when the parents retain custody and there is no 63.35 voluntary placement agreement with a child-placing agency, 63.36 respite care except when it is provided under a medical 64.1 assistance waiver, home-based services, and other related 64.2 services. For purposes of this section, child welfare 64.3 preventive services shall not include shelter care or other 64.4 placement services under the authority of the court or public 64.5 agency to address an emergency. To exercise this option, an 64.6 eligible county must notify the commissioner in writing of its 64.7 intention to do so no later than 30 days into the quarter during 64.8 which it intends to begin or in its county plan, as provided in 64.9 section 256F.04, subdivision 2. Effective with the first day of 64.10 that quarter, the county must maintain its base level of 64.11 expenditures for child welfare preventive services and use the 64.12 family preservation fund to expand them. The base level of 64.13 expenditures for a county shall be that established under 64.14 section 256F.10, subdivision 7. For counties which have no such 64.15 base established, a comparable base shall be established with 64.16 the base year being the calendar year ending at least two 64.17 calendar quarters before the first calendar quarter in which the 64.18 county exercises its expanded service option. The commissioner 64.19 shall, at the request of the counties, reduce, suspend, or 64.20 eliminate either or both of a county's obligations to continue 64.21 the base level of expenditures and to expand child welfare 64.22 preventive services under extraordinary circumstances. 64.23 (d) Notwithstanding paragraph (a), a county that is 64.24 participating in the concurrent permanency planning program 64.25 under section 257.0711 may use its family preservation fund 64.26 grant for that program. 64.27 Sec. 2. [257.0711] [CONCURRENT PERMANENCY PLANNING.] 64.28 Subdivision 1. [PROGRAM; GOALS.] (a) The commissioner of 64.29 human services shall establish a program for concurrent 64.30 permanency planning for child protection services. 64.31 (b) Concurrent permanency planning involves a planning 64.32 process for children who are placed out of the home of their 64.33 parents pursuant to a court order, or who have been voluntarily 64.34 placed out of the home by the parents for 60 days or more and 64.35 who are not developmentally disabled or emotionally handicapped 64.36 under section 257.071, subdivision 4. The local social service 65.1 agency shall develop an alternative permanency plan while making 65.2 reasonable efforts for reunification of the child with the 65.3 family, if required by section 260.012. The goals of concurrent 65.4 permanency planning are to: 65.5 (1) achieve early permanency for children; 65.6 (2) decrease children's length of stay in foster care and 65.7 reduce the number of moves children experience in foster care; 65.8 and 65.9 (3) develop a group of families who will work towards 65.10 reunification and also serve as permanent families for children. 65.11 Subd. 2. [DEVELOPMENT OF GUIDELINES AND PROTOCOLS.] The 65.12 commissioner shall establish guidelines and protocols for social 65.13 service agencies involved in concurrent permanency planning, 65.14 including criteria for conducting concurrent permanency planning 65.15 based on relevant factors such as: 65.16 (1) age of the child and duration of out-of-home placement; 65.17 (2) prognosis for successful reunification with parents; 65.18 (3) availability of relatives and other concerned 65.19 individuals to provide support or a permanent placement for the 65.20 child; and 65.21 (4) special needs of the child and other factors affecting 65.22 the child's best interests. 65.23 In developing the guidelines and protocols, the 65.24 commissioner shall consult with interest groups within the child 65.25 protection system, including child protection workers, child 65.26 protection advocates, county attorneys, law enforcement, 65.27 community service organizations, the councils of color, and the 65.28 ombudsperson for families. 65.29 Subd. 3. [PARENTAL INVOLVEMENT AND DISCLOSURE.] Concurrent 65.30 permanency planning programs must include involvement of parents 65.31 and full disclosure of their rights and responsibilities; goals 65.32 of concurrent permanency planning; support services that are 65.33 available for families; permanency options; and the consequences 65.34 of not complying with case plans. 65.35 Subd. 4. [TECHNICAL ASSISTANCE.] The commissioner of human 65.36 services shall provide ongoing technical assistance, support, 66.1 and training for local social service agencies and other 66.2 individuals and agencies involved in concurrent permanency 66.3 planning. 66.4 Subd. 5. [AVAILABILITY OF FUNDING.] The requirements of 66.5 this section relating to concurrent permanency planning are 66.6 effective only for state fiscal years when aid is distributed 66.7 under section 256F.05 for concurrent permanency planning. 66.8 Sec. 3. [EVALUATION AND REPORT.] 66.9 The commissioner shall develop a detailed plan for 66.10 evaluating concurrent permanency planning programs, based on 66.11 identifiable goals and factors, including those specified in 66.12 section 1, subdivision 1. The plan must also include an 66.13 evaluation of the fiscal impact of concurrent planning, 66.14 including the effect on costs of out-of-home placement. The 66.15 evaluation must incorporate input and recommendations from 66.16 counties. By January 15, 2001, the commissioner shall report to 66.17 the appropriate committees in the legislature on the operation 66.18 of the concurrent planning programs and the results of the 66.19 evaluation under this section. 66.20 Sec. 4. [INCONSISTENT AMENDMENTS.] 66.21 The amendment to Minnesota Statutes 1997 Supplement, 66.22 section 256F.05, subdivision 8, contained in section 1, prevails 66.23 over the amendment to Minnesota Statutes 1997 Supplement, 66.24 section 256F.05, subdivision 8, contained in 1998 S.F. No. 3346, 66.25 if enacted. 66.26 ARTICLE 3 66.27 CHILD WELFARE SERVICES PLAN 66.28 Section 1. [CHILD WELFARE SERVICES PLAN.] 66.29 By January 15, 1999, the commissioner of human services 66.30 shall submit to the legislature a statewide plan for child 66.31 welfare services consistent with the five-year comprehensive 66.32 child and family services plan required for title IV-B, 1 and 2 66.33 of the Social Security Act. The plan must establish statewide 66.34 and county-specific performance targets for improved outcomes 66.35 for the safety, permanency, and well-being of children and 66.36 families and reform of the service delivery system. The plan 67.1 must set prioritized goals and measurable objectives for a child 67.2 and family service continuum that includes family support and 67.3 family preservation services; child welfare services such as 67.4 child abuse and neglect prevention, intervention, and treatment 67.5 services; and services to support reunification, adoption, 67.6 kinship care, foster care, independent living, or other 67.7 permanent living arrangement. The plan should set baseline 67.8 measures and timetables for accomplishment of the goals and 67.9 include specific legislative, budget, or administrative 67.10 recommendations necessary to implement the plan. The 67.11 commissioner should incorporate in the plan baseline data from 67.12 the semiannual report on children in out-of-home placement 67.13 required under Minnesota Statutes, section 257.0725, and other 67.14 data sources related to child welfare services including social 67.15 service information. 67.16 The commissioner of human services shall also submit to the 67.17 legislature by January 15 of each year a copy of the annual 67.18 progress and service report of its child and family services 67.19 plan required by the federal government for child welfare 67.20 services under title IV-B, 1 and 2 of the Social Security Act. 67.21 The document will report on specific accomplishments made in 67.22 meeting the prior year's goals and objectives and describe 67.23 proposed revisions in the plan's goals, objectives, and training 67.24 plan. 67.25 The commissioner of human services shall make these plans 67.26 available for public distribution by placing a notice of their 67.27 availability in the State Register no later than ten days 67.28 following the date of their submission. 67.29 ARTICLE 4 67.30 CHILD PROTECTIVE SERVICES 67.31 Section 1. Minnesota Statutes 1996, section 260.191, 67.32 subdivision 1e, is amended to read: 67.33 Subd. 1e. [CASE PLAN.] For each disposition ordered, the 67.34 court shall order the appropriate agency to prepare a written 67.35 case plan developed after consultation with any foster parents, 67.36 and consultation with and participation by the child and the 68.1 child's parent, guardian, or custodian, guardian ad litem, and 68.2 tribal representative if the tribe has intervened. The case 68.3 plan shall comply with the requirements of section 257.071, 68.4 where applicable. The case plan shall, among other matters, 68.5 specify the actions to be taken by the child and the child's 68.6 parent, guardian, foster parent, or custodian to ensure the 68.7 child's safety and to comply with the court's disposition order, 68.8 and the services to be offered and provided by the agency to the 68.9 child and the child's parent, guardian, or custodian. The court 68.10 shall review the case plan and, upon approving it, incorporate 68.11 the plan into its disposition order. The court may review and 68.12 modify the terms of the case plan in the manner provided in 68.13 subdivision 2. For each disposition ordered, the written case 68.14 plan shall specify what reasonable efforts shall be provided to 68.15 the family. The case plan must include a discussion of: 68.16 (1) the availability of appropriate prevention and 68.17 reunification services for the family to safely prevent the 68.18 removal of the child from the home or to safely reunify the 68.19 child with the family after removal; 68.20 (2) any services or resources that were requested by the 68.21 child or the child's parent, guardian, foster parent, or 68.22 custodian since the date of initial adjudication, and whether 68.23 those services or resources were provided or the basis for 68.24 denial of the services or resources; 68.25 (3) the need of the child and family for care, treatment, 68.26 or rehabilitation; 68.27 (4) the need for participation by the parent, guardian, or 68.28 custodian in the plan of care for the child; 68.29 (5) the visitation rights and obligations of the parent or 68.30 other relatives, as defined in section 260.181, subdivision 3, 68.31 during any period when the child is placed outside the home; and68.32 (6) a description of any services that could safely prevent 68.33 placement or reunify the family if such services were available; 68.34 and 68.35 (7) the need for continued monitoring of the child and 68.36 family by the appropriate local social services agency once the 69.1 family has completed all services required in the case plan. 69.2 A party has a right to request a court review of the 69.3 reasonableness of the case plan upon a showing of a substantial 69.4 change of circumstances. 69.5 Sec. 2. Minnesota Statutes 1996, section 626.556, 69.6 subdivision 10, is amended to read: 69.7 Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 69.8 ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 69.9 alleges neglect, physical abuse, or sexual abuse by a parent, 69.10 guardian, or individual functioning within the family unit as a 69.11 person responsible for the child's care, the local welfare 69.12 agency shall immediately conduct an assessment and offer 69.13 protective social services for purposes of preventing further 69.14 abuses, safeguarding and enhancing the welfare of the abused or 69.15 neglected minor, and preserving family life whenever possible. 69.16 If the report alleges a violation of a criminal statute 69.17 involving sexual abuse, physical abuse, or neglect or 69.18 endangerment, under section 609.378, the local law enforcement 69.19 agency and local welfare agency shall coordinate the planning 69.20 and execution of their respective investigation and assessment 69.21 efforts to avoid a duplication of fact-finding efforts and 69.22 multiple interviews. Each agency shall prepare a separate 69.23 report of the results of its investigation. In cases of alleged 69.24 child maltreatment resulting in death, the local agency may rely 69.25 on the fact-finding efforts of a law enforcement investigation 69.26 to make a determination of whether or not maltreatment 69.27 occurred. When necessary the local welfare agency shall seek 69.28 authority to remove the child from the custody of a parent, 69.29 guardian, or adult with whom the child is living. In performing 69.30 any of these duties, the local welfare agency shall maintain 69.31 appropriate records. 69.32 (b) When a local agency receives a report or otherwise has 69.33 information indicating that a child who is a client, as defined 69.34 in section 245.91, has been the subject of physical abuse, 69.35 sexual abuse, or neglect at an agency, facility, or program as 69.36 defined in section 245.91, it shall, in addition to its other 70.1 duties under this section, immediately inform the ombudsman 70.2 established under sections 245.91 to 245.97. 70.3 (c) Authority of the local welfare agency responsible for 70.4 assessing the child abuse or neglect report and of the local law 70.5 enforcement agency for investigating the alleged abuse or 70.6 neglect includes, but is not limited to, authority to interview, 70.7 without parental consent, the alleged victim and any other 70.8 minors who currently reside with or who have resided with the 70.9 alleged offender. The interview may take place at school or at 70.10 any facility or other place where the alleged victim or other 70.11 minors might be found or the child may be transported to, and 70.12 the interview conducted at, a place appropriate for the 70.13 interview of a child designated by the local welfare agency or 70.14 law enforcement agency. The interview may take place outside 70.15 the presence of the alleged offender or parent, legal custodian, 70.16 guardian, or school official. Except as provided in this 70.17 paragraph, the parent, legal custodian, or guardian shall be 70.18 notified by the responsible local welfare or law enforcement 70.19 agency no later than the conclusion of the investigation or 70.20 assessment that this interview has occurred. Notwithstanding 70.21 rule 49.02 of the Minnesota rules of procedure for juvenile 70.22 courts, the juvenile court may, after hearing on an ex parte 70.23 motion by the local welfare agency, order that, where reasonable 70.24 cause exists, the agency withhold notification of this interview 70.25 from the parent, legal custodian, or guardian. If the interview 70.26 took place or is to take place on school property, the order 70.27 shall specify that school officials may not disclose to the 70.28 parent, legal custodian, or guardian the contents of the 70.29 notification of intent to interview the child on school 70.30 property, as provided under this paragraph, and any other 70.31 related information regarding the interview that may be a part 70.32 of the child's school record. A copy of the order shall be sent 70.33 by the local welfare or law enforcement agency to the 70.34 appropriate school official. 70.35 (d) When the local welfare or local law enforcement agency 70.36 determines that an interview should take place on school 71.1 property, written notification of intent to interview the child 71.2 on school property must be received by school officials prior to 71.3 the interview. The notification shall include the name of the 71.4 child to be interviewed, the purpose of the interview, and a 71.5 reference to the statutory authority to conduct an interview on 71.6 school property. For interviews conducted by the local welfare 71.7 agency, the notification shall be signed by the chair of the 71.8 local social services agency or the chair's designee. The 71.9 notification shall be private data on individuals subject to the 71.10 provisions of this paragraph. School officials may not disclose 71.11 to the parent, legal custodian, or guardian the contents of the 71.12 notification or any other related information regarding the 71.13 interview until notified in writing by the local welfare or law 71.14 enforcement agency that the investigation or assessment has been 71.15 concluded. Until that time, the local welfare or law 71.16 enforcement agency shall be solely responsible for any 71.17 disclosures regarding the nature of the assessment or 71.18 investigation. 71.19 Except where the alleged offender is believed to be a 71.20 school official or employee, the time and place, and manner of 71.21 the interview on school premises shall be within the discretion 71.22 of school officials, but the local welfare or law enforcement 71.23 agency shall have the exclusive authority to determine who may 71.24 attend the interview. The conditions as to time, place, and 71.25 manner of the interview set by the school officials shall be 71.26 reasonable and the interview shall be conducted not more than 24 71.27 hours after the receipt of the notification unless another time 71.28 is considered necessary by agreement between the school 71.29 officials and the local welfare or law enforcement agency. 71.30 Where the school fails to comply with the provisions of this 71.31 paragraph, the juvenile court may order the school to comply. 71.32 Every effort must be made to reduce the disruption of the 71.33 educational program of the child, other students, or school 71.34 staff when an interview is conducted on school premises. 71.35 (e) Where the alleged offender or a person responsible for 71.36 the care of the alleged victim or other minor prevents access to 72.1 the victim or other minor by the local welfare agency, the 72.2 juvenile court may order the parents, legal custodian, or 72.3 guardian to produce the alleged victim or other minor for 72.4 questioning by the local welfare agency or the local law 72.5 enforcement agency outside the presence of the alleged offender 72.6 or any person responsible for the child's care at reasonable 72.7 places and times as specified by court order. 72.8 (f) Before making an order under paragraph (e), the court 72.9 shall issue an order to show cause, either upon its own motion 72.10 or upon a verified petition, specifying the basis for the 72.11 requested interviews and fixing the time and place of the 72.12 hearing. The order to show cause shall be served personally and 72.13 shall be heard in the same manner as provided in other cases in 72.14 the juvenile court. The court shall consider the need for 72.15 appointment of a guardian ad litem to protect the best interests 72.16 of the child. If appointed, the guardian ad litem shall be 72.17 present at the hearing on the order to show cause. 72.18 (g) The commissioner, the ombudsman for mental health and 72.19 mental retardation, the local welfare agencies responsible for 72.20 investigating reports, and the local law enforcement agencies 72.21 have the right to enter facilities as defined in subdivision 2 72.22 and to inspect and copy the facility's records, including 72.23 medical records, as part of the investigation. Notwithstanding 72.24 the provisions of chapter 13, they also have the right to inform 72.25 the facility under investigation that they are conducting an 72.26 investigation, to disclose to the facility the names of the 72.27 individuals under investigation for abusing or neglecting a 72.28 child, and to provide the facility with a copy of the report and 72.29 the investigative findings. 72.30 (h) The local welfare agency shall collect available and 72.31 relevant information to ascertain whether maltreatment occurred 72.32 and whether protective services are needed. Information 72.33 collected includes, when relevant, information with regard to 72.34 the person reporting the alleged maltreatment, including the 72.35 nature of the reporter's relationship to the child and to the 72.36 alleged offender, and the basis of the reporter's knowledge for 73.1 the report; the child allegedly being maltreated; the alleged 73.2 offender; the child's caretaker; and other collateral sources 73.3 having relevant information related to the alleged 73.4 maltreatment. The local welfare agency may make a determination 73.5 of no maltreatment early in an assessment, and close the case 73.6 and retain immunity, if the collected information shows no basis 73.7 for a full assessment or investigation. 73.8 Information relevant to the assessment or investigation 73.9 must be asked for, and may include: 73.10 (1) the child's sex and age, prior reports of maltreatment, 73.11 information relating to developmental functioning, credibility 73.12 of the child's statement, and whether the information provided 73.13 under this clause is consistent with other information collected 73.14 during the course of the assessment or investigation; 73.15 (2) the alleged offender's age, a record check for prior 73.16 reports of maltreatment, and criminal charges and convictions. 73.17 The local welfare agency must provide the alleged offender with 73.18 an opportunity to make a statement. The alleged offender may 73.19 submit supporting documentation relevant to the assessment or 73.20 investigation; 73.21 (3) collateral source information regarding the alleged 73.22 maltreatment and care of the child. Collateral information 73.23 includes, when relevant: (i) a medical examination of the 73.24 child; (ii) prior medical records relating to the alleged 73.25 maltreatment or the care of the child and an interview with the 73.26 treating professionals; and (iii) interviews with the child's 73.27 caretakers, including the child's parent, guardian, foster 73.28 parent, child care provider, teachers, counselors, family 73.29 members, relatives, and other persons who may have knowledge 73.30 regarding the alleged maltreatment and the care of the child; 73.31 and 73.32 (4) information on the existence of domestic abuse and 73.33 violence in the home of the child. 73.34 Nothing in this paragraph precludes the local welfare 73.35 agency from collecting other relevant information necessary to 73.36 conduct the assessment or investigation. Notwithstanding the 74.1 data's classification in the possession of any other agency, 74.2 data acquired by the local welfare agency during the course of 74.3 the assessment or investigation are private data on individuals 74.4 and must be maintained in accordance with subdivision 11. 74.5 (i) In the initial stages of an assessment or 74.6 investigation, the local welfare agency shall conduct a 74.7 face-to-face observation of the child reported to be maltreated 74.8 and a face-to-face interview of the alleged offender. The 74.9 interview with the alleged offender may be postponed if it would 74.10 jeopardize an active law enforcement investigation. 74.11 (j) The local welfare agency shall use a question and 74.12 answer interviewing format with questioning as nondirective as 74.13 possible to elicit spontaneous responses. The following 74.14 interviewing methods and procedures must be used whenever 74.15 possible when collecting information: 74.16 (1) audio recordings of all interviews with witnesses and 74.17 collateral sources; and 74.18 (2) in cases of alleged sexual abuse, audio-video 74.19 recordings of each interview with the alleged victim and child 74.20 witnesses. 74.21 Sec. 3. Minnesota Statutes 1997 Supplement, section 74.22 626.556, subdivision 10e, is amended to read: 74.23 Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every 74.24 assessment or investigation it conducts, the local welfare 74.25 agency shall make two determinations: first, whether 74.26 maltreatment has occurred; and second, whether child protective 74.27 services are needed. When maltreatment is determined in an 74.28 investigation involving a facility, the investigating agency 74.29 shall also determine whether the facility or individual was 74.30 responsible for the maltreatment using the mitigating factors in 74.31 paragraph (d). Determinations under this subdivision must be 74.32 made based on a preponderance of the evidence. 74.33 (a) For the purposes of this subdivision, "maltreatment" 74.34 means any of the following acts or omissions committed by a 74.35 person responsible for the child's care: 74.36 (1) physical abuse as defined in subdivision 2, paragraph 75.1 (d); 75.2 (2) neglect as defined in subdivision 2, paragraph (c); 75.3 (3) sexual abuse as defined in subdivision 2, paragraph 75.4 (a); or 75.5 (4) mental injury as defined in subdivision 2, paragraph 75.6 (k). 75.7 (b) For the purposes of this subdivision, a determination 75.8 that child protective services are needed means that the local 75.9 welfare agency has documented conditions during the assessment 75.10 or investigation sufficient to cause a child protection worker, 75.11 as defined in section 626.559, subdivision 1, to conclude that a 75.12 child is at significant risk of maltreatment if protective 75.13 intervention is not provided and that the individuals 75.14 responsible for the child's care have not taken or are not 75.15 likely to take actions to protect the child from maltreatment or 75.16 risk of maltreatment. 75.17 (c) This subdivision does not mean that maltreatment has 75.18 occurred solely because the child's parent, guardian, or other 75.19 person responsible for the child's care in good faith selects 75.20 and depends upon spiritual means or prayer for treatment or care 75.21 of disease or remedial care of the child, in lieu of medical 75.22 care. However, if lack of medical care may result in serious 75.23 danger to the child's health, the local welfare agency may 75.24 ensure that necessary medical services are provided to the child. 75.25 (d) When determining whether the facility or individual is 75.26 the responsible party for determined maltreatment in a facility, 75.27 the investigating agency shall consider at least the following 75.28 mitigating factors: 75.29 (1) whether the actions of the facility or the individual 75.30 caregivers were according to, and followed the terms of, an 75.31 erroneous physician order, prescription, individual care plan, 75.32 or directive; however, this is not a mitigating factor when the 75.33 facility or caregiver was responsible for the issuance of the 75.34 erroneous order, prescription, individual care plan, or 75.35 directive or knew or should have known of the errors and took no 75.36 reasonable measures to correct the defect before administering 76.1 care; 76.2 (2) comparative responsibility between the facility, other 76.3 caregivers, and requirements placed upon an employee, including 76.4 the facility's compliance with related regulatory standards and 76.5 the adequacy of facility policies and procedures, facility 76.6 training, an individual's participation in the training, the 76.7 caregiver's supervision, and facility staffing levels and the 76.8 scope of the individual employee's authority and discretion; and 76.9 (3) whether the facility or individual followed 76.10 professional standards in exercising professional judgment. 76.11 (e) The commissioner shall work with the maltreatment of 76.12 minors advisory committee established under Laws 1997, chapter 76.13 203, to make recommendations to further specify the kinds of 76.14 acts or omissions that constitute physical abuse, neglect, 76.15 sexual abuse, or mental injury. The commissioner shall submit 76.16 the recommendation and any legislation needed by January 15, 76.17 1999. Individual counties may implement more detailed 76.18 definitions or criteria that indicate which allegations to 76.19 investigate, as long as a county's policies are consistent with 76.20 the definitions in the statutes and rules and are approved by 76.21 the county board. Each local welfare agency shall periodically 76.22 inform mandated reporters under subdivision 3 who work in the 76.23 county of the definitions of maltreatment in the statutes and 76.24 rules and any additional definitions or criteria that have been 76.25 approved by the county board. 76.26 Sec. 4. Minnesota Statutes 1996, section 626.556, is 76.27 amended by adding a subdivision to read: 76.28 Subd. 10j. [RELEASE OF DATA TO MANDATED REPORTERS.] A 76.29 local social service or child protection agency may provide 76.30 relevant private data on individuals obtained under this section 76.31 to mandated reporters who have an ongoing responsibility for the 76.32 health, education, or welfare of a child affected by the data. 76.33 The commissioner shall consult with the maltreatment of minors 76.34 advisory committee to develop criteria for determining which 76.35 records may be shared with mandated reporters under this 76.36 subdivision. 77.1 Sec. 5. Minnesota Statutes 1996, section 626.556, is 77.2 amended by adding a subdivision to read: 77.3 Subd. 10k. [RELEASE OF CERTAIN INVESTIGATIVE RECORDS TO 77.4 OTHER COUNTIES.] Records maintained under subdivision 11c, 77.5 paragraph (a), may be shared with another local welfare agency 77.6 that requests the information because it is conducting an 77.7 investigation under this section of the subject of the records. 77.8 Sec. 6. Minnesota Statutes 1997 Supplement, section 77.9 626.556, subdivision 11c, is amended to read: 77.10 Subd. 11c. [WELFARE, COURT SERVICES AGENCY, AND SCHOOL 77.11 RECORDS MAINTAINED.] Notwithstanding sections 138.163 and 77.12 138.17, records maintained or records derived from reports of 77.13 abuse by local welfare agencies, court services agencies, or 77.14 schools under this section shall be destroyed as provided in 77.15 paragraphs (a) to (d) by the responsible authority. 77.16 (a) If upon assessment or investigation there is no 77.17 determination of maltreatment or the need for child protective 77.18 services, the records maymust be maintained for a period of 77.19 four years. After the individual alleged to have maltreated a77.20 child is notified under subdivision 10f of the determinations at77.21 the conclusion of the assessment or investigation, upon that77.22 individual's request, records shall be destroyed within 30 days77.23 or after the appeal rights under subdivision 10i have been77.24 concluded, whichever is later.Records under this paragraph may 77.25 not be used for employment, background checks, or purposes other 77.26 than to assist in future risk and safety assessments. 77.27 (b) All records relating to reports which, upon assessment 77.28 or investigation, indicate either maltreatment or a need for 77.29 child protective services shall be maintained for at least ten 77.30 years after the date of the final entry in the case record. 77.31 (c) All records regarding a report of maltreatment, 77.32 including any notification of intent to interview which was 77.33 received by a school under subdivision 10, paragraph (d), shall 77.34 be destroyed by the school when ordered to do so by the agency 77.35 conducting the assessment or investigation. The agency shall 77.36 order the destruction of the notification when other records 78.1 relating to the report under investigation or assessment are 78.2 destroyed under this subdivision. 78.3 (d) Private or confidential data released to a court 78.4 services agency under subdivision 10h must be destroyed by the 78.5 court services agency when ordered to do so by the local welfare 78.6 agency that released the data. The local welfare agency shall 78.7 order destruction of the data when other records relating to the 78.8 assessment or investigation are destroyed under this subdivision. 78.9 Sec. 7. Minnesota Statutes 1996, section 626.556, is 78.10 amended by adding a subdivision to read: 78.11 Subd. 15. [AUDITING.] The commissioner of human services 78.12 shall regularly audit for accuracy the data reported by counties 78.13 on maltreatment of minors. 78.14 Sec. 8. [RISK ASSESSMENT; PERFORMANCE MEASURES; EXTERNAL 78.15 REVIEW.] 78.16 Subdivision 1. [RISK ASSESSMENT ALTERNATIVES.] 78.17 Notwithstanding any rule to the contrary, the commissioner of 78.18 human services may authorize local welfare agencies to research 78.19 and conduct pilot projects for alternative methods of child 78.20 protection risk assessment. The commissioner shall give 78.21 priority to the establishment of at least one pilot project that 78.22 includes a study of domestic abuse and violence in the home as a 78.23 risk factor for children. The commissioner shall report to the 78.24 appropriate committees in the house of representatives and the 78.25 senate on the outcomes of research and risk assessment pilot 78.26 projects by January 15, 2000. 78.27 Subd. 2. [PERFORMANCE MEASUREMENT.] (a) The commissioner 78.28 of human services shall establish a task force of county and 78.29 state officials to identify: 78.30 (1) statewide measures of the performance of child welfare 78.31 services, including, but not limited to, screening, early 78.32 intervention services, assessment, number, episodes, and length 78.33 of stay in out-of-home placement, permanency, and adoption, and 78.34 steps needed to collect reliable information on these measures; 78.35 and 78.36 (2) potentially useful practices that individual counties 79.1 could use to monitor and evaluate child welfare services. 79.2 (b) The task force shall report its findings to the 79.3 commissioner by January 15, 1999. The commissioner shall 79.4 recommend to appropriate committees of the legislature during 79.5 the 1999 regular session any legislative action required to 79.6 implement task force recommendations. 79.7 Subd. 3. [COORDINATION OF CHILD WELFARE AND DOMESTIC ABUSE 79.8 SERVICES.] The commissioner of human services shall work with 79.9 the maltreatment of minors advisory committee established under 79.10 Laws 1997, chapter 203, to study and evaluate the opportunities 79.11 for coordination or integration of child welfare and domestic 79.12 abuse services for children and parents. The commissioner shall 79.13 consult with consumers and child protection and domestic abuse 79.14 advocates. The commissioner shall submit a report to the 79.15 legislature by January 15, 1999, that includes recommendations 79.16 for improving coordination between the domestic abuse and child 79.17 welfare systems for further integration of services. 79.18 Sec. 9. [PLAN FOR EXTERNAL REVIEWS.] 79.19 By January 15, 1999, the commissioner of human services 79.20 shall present to the appropriate committees in the senate and 79.21 the house of representatives a plan for periodic external 79.22 reviews of: 79.23 (1) county compliance with state statutes and rules in the 79.24 area of child protection; and 79.25 (2) the appropriateness of decisions by county child 79.26 protection agencies in selected individual cases. 79.27 Nothing in section 8 or 9 prevents the commissioner from 79.28 developing and implementing performance measurement plans for 79.29 periodic reviews and best practices before January 15, 1999. 79.30 ARTICLE 5 79.31 FUNDING ALLOCATION 79.32 Section 1. [ALLOCATION OF FAMILY PRESERVATION FUNDS.] 79.33 Of the $10,000,000 transferred for family preservation 79.34 program funding under 1998 S.F. No. 3346, if enacted, or other 79.35 legislation containing a similar funding transfer, $9,300,000 is 79.36 to be allocated to counties based on the family preservation 80.1 allocation formula in Minnesota Statutes, chapter 256F. The 80.2 counties shall use the funds allocated under this section to 80.3 comply with the concurrent permanency planning requirements in 80.4 Minnesota Statutes, section 257.0711. When a county is in 80.5 compliance with the concurrent permanency planning requirements, 80.6 the county may use any excess funding from the allocation for 80.7 other services under Minnesota Statutes, chapter 256F. 80.8 Of the amount transferred, $200,000 is to the commissioner 80.9 of human services for mediation training for relative care 80.10 conferencing under Minnesota Statutes, section 626.5565. 80.11 Of the amount transferred, $200,000 is to the commissioner 80.12 of human services for independent evaluation of the concurrent 80.13 permanency planning program under Minnesota Statutes, section 80.14 257.0711. 80.15 Of the amount transferred, $300,000 is for administrative 80.16 costs associated with developing the concurrent permanency 80.17 planning program and providing training, and for conducting 80.18 external reviews of county child protection practices related to 80.19 the provisions in article 4.