HF 2985

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 90 120 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 for 
 15.32  reviewing to 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, 1995 July 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 right being 
 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 any that a permanent placement hearing is 
 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 must 
 21.21  contain an advisory that if the relative chooses not to be a 
 21.22  placement resource at the beginning of the case, this may affect 
 21.23  the relative's rights to have the child placed with that 
 21.24  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 department 
 22.2   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 of 
 23.36  the month following the date of the order establishing permanent 
 24.1   legal and physical custody or the date that the last party signs 
 24.2   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 24 12 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 24 12 
 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 a any 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 for authorizing 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 birth 
 32.18  certificate described in paragraph (a) upon receipt of the 
 32.19  following documents: 
 32.20     (1) a petition by the adoptive parent requesting that the 
 32.21  court issue a Minnesota birth certificate, and stating 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; or 
 40.31     (9) conduct toward a child that constitutes a violation of 
 40.32  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 as 
 41.18  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 the 
 50.1   child is currently residing, any adult with whom the child has 
 50.2   resided for one year or longer in the past, any adult who has 
 50.3   maintained a relationship or exercised visitation with the child 
 50.4   as identified in the agency case plan for the child or 
 50.5   demonstrated an interest in the child, and any relative who has 
 50.6   provided a current address to the local social service agency.  
 50.7   This notice must not be provided to a parent whose parental 
 50.8   rights to the child have been terminated under section 260.221, 
 50.9   subdivision 1.  The notice must state that a permanent home is 
 50.10  sought for the child and that individuals receiving the notice 
 50.11  may indicate to the agency within 30 days their interest in 
 50.12  providing a permanent home section 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-approved 
 50.34  placement under section 257.071, subdivision 3, of a child who 
 50.35  had been in voluntary placement 60 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 FOR TERMINATION 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; or 
 54.28     (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; or 
 55.2      (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; or 
 55.9      (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); or 
 55.28     (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; or 
 56.35     (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; or 
 57.5      (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; or 
 57.11     (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 from 
 57.32  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 is are not 
 60.13  required because the parent has been convicted of a crime listed 
 60.14  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; and 
 68.32     (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 may must be maintained for a period of 
 77.19  four years.  After the individual alleged to have maltreated a 
 77.20  child is notified under subdivision 10f of the determinations at 
 77.21  the conclusion of the assessment or investigation, upon that 
 77.22  individual's request, records shall be destroyed within 30 days 
 77.23  or after the appeal rights under subdivision 10i have been 
 77.24  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.