HF 3376B

Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 01/15/2013 08:28pm

1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 3376

1.2A bill for an act

1.3relating to human services; amending the MFIP work participation program;
1.4changing child care assistance provisions; changing the child care assistance
1.5sliding fee scale; establishing a child care advisory task force; requiring a
1.6mandated report; making technical changes;amending Minnesota Statutes
1.72006, sections 119B.011, subdivision 17; 119B.03, subdivisions 1, 6; 119B.09,
1.8subdivisions 1, 9; 119B.125, by adding a subdivision; 119B.21, subdivision
1.910; 256E.30, subdivision 1; 256E.35, subdivision 7; 256J.24, subdivision 5;
1.10256J.39, by adding a subdivision; 256J.425, subdivision 1; 256J.521, subdivision
1.114; 256J.54, subdivisions 2, 5; 256J.545; Minnesota Statutes 2007 Supplement,
1.12sections 119B.12; 119B.125, subdivision 2; 119B.13, subdivisions 1, 7; 119B.21,
1.13subdivision 5; 119B.231, subdivision 5; 245C.08, subdivision 2; 256E.35,
1.14subdivision 2; 256J.20, subdivision 3; 256J.49, subdivision 13; 256J.626,
1.15subdivisions 3, 7; 256J.95, subdivision 3; repealing Minnesota Statutes 2006,
1.16section 256K.25.
1.17May 17, 2008
1.18The Honorable Margaret Anderson Kelliher
1.19Speaker of the House of Representatives
1.20The Honorable James P. Metzen
1.21President of the Senate
1.22We, the undersigned conferees for H. F. No. 3376 report that we have agreed upon
1.23the items in dispute and recommend as follows:
1.24That the Senate recede from its amendment and that H. F. No. 3376 be further
1.25amended as follows:
1.26Delete everything after the enacting clause and insert:

1.27"ARTICLE 1

1.28MFIP WORK PARTICIPATION AND LICENSING

1.29    Section 1. Minnesota Statutes 2006, section 245C.24, subdivision 2, is amended to read:
1.30    Subd. 2. Permanent bar to set aside a disqualification. (a) Except as provided in
1.31paragraph (b), the commissioner may not set aside the disqualification of any individual
2.1disqualified pursuant to this chapter, regardless of how much time has passed, if the
2.2individual was disqualified for a crime or conduct listed in section 245C.15, subdivision 1.
2.3    (b) For an individual in the chemical dependency or corrections field who was
2.4disqualified for a crime or conduct listed under section 245C.15, subdivision 1, and whose
2.5disqualification was set aside prior to July 1, 2005, the commissioner must consider
2.6granting a variance pursuant to section 245C.30 for the license holder for a program
2.7dealing primarily with adults. A request for reconsideration evaluated under this paragraph
2.8must include a letter of recommendation from the license holder that was subject to the
2.9prior set-aside decision addressing the individual's quality of care to children or vulnerable
2.10adults and the circumstances of the individual's departure from that service.
2.11EFFECTIVE DATE.This section is effective July 1, 2008.

2.12    Sec. 2. Minnesota Statutes 2007 Supplement, section 256.01, subdivision 2, is
2.13amended to read:
2.14    Subd. 2. Specific powers. Subject to the provisions of section 241.021, subdivision
2.152 , the commissioner of human services shall carry out the specific duties in paragraphs (a)
2.16through (cc):
2.17    (a) Administer and supervise all forms of public assistance provided for by state law
2.18and other welfare activities or services as are vested in the commissioner. Administration
2.19and supervision of human services activities or services includes, but is not limited to,
2.20assuring timely and accurate distribution of benefits, completeness of service, and quality
2.21program management. In addition to administering and supervising human services
2.22activities vested by law in the department, the commissioner shall have the authority to:
2.23    (1) require county agency participation in training and technical assistance programs
2.24to promote compliance with statutes, rules, federal laws, regulations, and policies
2.25governing human services;
2.26    (2) monitor, on an ongoing basis, the performance of county agencies in the
2.27operation and administration of human services, enforce compliance with statutes, rules,
2.28federal laws, regulations, and policies governing welfare services and promote excellence
2.29of administration and program operation;
2.30    (3) develop a quality control program or other monitoring program to review county
2.31performance and accuracy of benefit determinations;
2.32    (4) require county agencies to make an adjustment to the public assistance benefits
2.33issued to any individual consistent with federal law and regulation and state law and rule
2.34and to issue or recover benefits as appropriate;
3.1    (5) delay or deny payment of all or part of the state and federal share of benefits and
3.2administrative reimbursement according to the procedures set forth in section 256.017;
3.3    (6) make contracts with and grants to public and private agencies and organizations,
3.4both profit and nonprofit, and individuals, using appropriated funds; and
3.5    (7) enter into contractual agreements with federally recognized Indian tribes with
3.6a reservation in Minnesota to the extent necessary for the tribe to operate a federally
3.7approved family assistance program or any other program under the supervision of the
3.8commissioner. The commissioner shall consult with the affected county or counties in
3.9the contractual agreement negotiations, if the county or counties wish to be included,
3.10in order to avoid the duplication of county and tribal assistance program services. The
3.11commissioner may establish necessary accounts for the purposes of receiving and
3.12disbursing funds as necessary for the operation of the programs.
3.13    (b) Inform county agencies, on a timely basis, of changes in statute, rule, federal law,
3.14regulation, and policy necessary to county agency administration of the programs.
3.15    (c) Administer and supervise all child welfare activities; promote the enforcement of
3.16laws protecting disabled, dependent, neglected and delinquent children, and children born
3.17to mothers who were not married to the children's fathers at the times of the conception
3.18nor at the births of the children; license and supervise child-caring and child-placing
3.19agencies and institutions; supervise the care of children in boarding and foster homes or
3.20in private institutions; and generally perform all functions relating to the field of child
3.21welfare now vested in the State Board of Control.
3.22    (d) Administer and supervise all noninstitutional service to disabled persons,
3.23including those who are visually impaired, hearing impaired, or physically impaired
3.24or otherwise disabled. The commissioner may provide and contract for the care and
3.25treatment of qualified indigent children in facilities other than those located and available
3.26at state hospitals when it is not feasible to provide the service in state hospitals.
3.27    (e) Assist and actively cooperate with other departments, agencies and institutions,
3.28local, state, and federal, by performing services in conformity with the purposes of Laws
3.291939, chapter 431.
3.30    (f) Act as the agent of and cooperate with the federal government in matters of
3.31mutual concern relative to and in conformity with the provisions of Laws 1939, chapter
3.32431, including the administration of any federal funds granted to the state to aid in the
3.33performance of any functions of the commissioner as specified in Laws 1939, chapter 431,
3.34and including the promulgation of rules making uniformly available medical care benefits
3.35to all recipients of public assistance, at such times as the federal government increases its
4.1participation in assistance expenditures for medical care to recipients of public assistance,
4.2the cost thereof to be borne in the same proportion as are grants of aid to said recipients.
4.3    (g) Establish and maintain any administrative units reasonably necessary for the
4.4performance of administrative functions common to all divisions of the department.
4.5    (h) Act as designated guardian of both the estate and the person of all the wards of
4.6the state of Minnesota, whether by operation of law or by an order of court, without any
4.7further act or proceeding whatever, except as to persons committed as developmentally
4.8disabled. For children under the guardianship of the commissioner or a tribe in Minnesota
4.9recognized by the Secretary of the Interior whose interests would be best served by
4.10adoptive placement, the commissioner may contract with a licensed child-placing agency
4.11or a Minnesota tribal social services agency to provide adoption services. A contract
4.12with a licensed child-placing agency must be designed to supplement existing county
4.13efforts and may not replace existing county programs or tribal social services, unless the
4.14replacement is agreed to by the county board and the appropriate exclusive bargaining
4.15representative, tribal governing body, or the commissioner has evidence that child
4.16placements of the county continue to be substantially below that of other counties. Funds
4.17encumbered and obligated under an agreement for a specific child shall remain available
4.18until the terms of the agreement are fulfilled or the agreement is terminated.
4.19    (i) Act as coordinating referral and informational center on requests for service for
4.20newly arrived immigrants coming to Minnesota.
4.21    (j) The specific enumeration of powers and duties as hereinabove set forth shall in no
4.22way be construed to be a limitation upon the general transfer of powers herein contained.
4.23    (k) Establish county, regional, or statewide schedules of maximum fees and charges
4.24which may be paid by county agencies for medical, dental, surgical, hospital, nursing and
4.25nursing home care and medicine and medical supplies under all programs of medical
4.26care provided by the state and for congregate living care under the income maintenance
4.27programs.
4.28    (l) Have the authority to conduct and administer experimental projects to test
4.29methods and procedures of administering assistance and services to recipients or potential
4.30recipients of public welfare. To carry out such experimental projects, it is further provided
4.31that the commissioner of human services is authorized to waive the enforcement of
4.32existing specific statutory program requirements, rules, and standards in one or more
4.33counties. The order establishing the waiver shall provide alternative methods and
4.34procedures of administration, shall not be in conflict with the basic purposes, coverage, or
4.35benefits provided by law, and in no event shall the duration of a project exceed four years.
4.36It is further provided that no order establishing an experimental project as authorized by
5.1the provisions of this section shall become effective until the following conditions have
5.2been met:
5.3    (1) the secretary of health and human services of the United States has agreed, for
5.4the same project, to waive state plan requirements relative to statewide uniformity; and
5.5    (2) a comprehensive plan, including estimated project costs, shall be approved by
5.6the Legislative Advisory Commission and filed with the commissioner of administration.
5.7    (m) According to federal requirements, establish procedures to be followed by
5.8local welfare boards in creating citizen advisory committees, including procedures for
5.9selection of committee members.
5.10    (n) Allocate federal fiscal disallowances or sanctions which are based on quality
5.11control error rates for the aid to families with dependent children program formerly
5.12codified in sections 256.72 to 256.87, medical assistance, or food stamp program in the
5.13following manner:
5.14    (1) one-half of the total amount of the disallowance shall be borne by the county
5.15boards responsible for administering the programs. For the medical assistance and the
5.16AFDC program formerly codified in sections 256.72 to 256.87, disallowances shall be
5.17shared by each county board in the same proportion as that county's expenditures for the
5.18sanctioned program are to the total of all counties' expenditures for the AFDC program
5.19formerly codified in sections 256.72 to 256.87, and medical assistance programs. For the
5.20food stamp program, sanctions shall be shared by each county board, with 50 percent of
5.21the sanction being distributed to each county in the same proportion as that county's
5.22administrative costs for food stamps are to the total of all food stamp administrative costs
5.23for all counties, and 50 percent of the sanctions being distributed to each county in the
5.24same proportion as that county's value of food stamp benefits issued are to the total of
5.25all benefits issued for all counties. Each county shall pay its share of the disallowance
5.26to the state of Minnesota. When a county fails to pay the amount due hereunder, the
5.27commissioner may deduct the amount from reimbursement otherwise due the county, or
5.28the attorney general, upon the request of the commissioner, may institute civil action
5.29to recover the amount due; and
5.30    (2) notwithstanding the provisions of clause (1), if the disallowance results from
5.31knowing noncompliance by one or more counties with a specific program instruction, and
5.32that knowing noncompliance is a matter of official county board record, the commissioner
5.33may require payment or recover from the county or counties, in the manner prescribed in
5.34clause (1), an amount equal to the portion of the total disallowance which resulted from the
5.35noncompliance, and may distribute the balance of the disallowance according to clause (1).
6.1    (o) Develop and implement special projects that maximize reimbursements and
6.2result in the recovery of money to the state. For the purpose of recovering state money,
6.3the commissioner may enter into contracts with third parties. Any recoveries that result
6.4from projects or contracts entered into under this paragraph shall be deposited in the
6.5state treasury and credited to a special account until the balance in the account reaches
6.6$1,000,000. When the balance in the account exceeds $1,000,000, the excess shall be
6.7transferred and credited to the general fund. All money in the account is appropriated to
6.8the commissioner for the purposes of this paragraph.
6.9    (p) Have the authority to make direct payments to facilities providing shelter
6.10to women and their children according to section 256D.05, subdivision 3. Upon
6.11the written request of a shelter facility that has been denied payments under section
6.12256D.05, subdivision 3 , the commissioner shall review all relevant evidence and make
6.13a determination within 30 days of the request for review regarding issuance of direct
6.14payments to the shelter facility. Failure to act within 30 days shall be considered a
6.15determination not to issue direct payments.
6.16    (q) Have the authority to establish and enforce the following county reporting
6.17requirements:
6.18    (1) the commissioner shall establish fiscal and statistical reporting requirements
6.19necessary to account for the expenditure of funds allocated to counties for human
6.20services programs. When establishing financial and statistical reporting requirements, the
6.21commissioner shall evaluate all reports, in consultation with the counties, to determine if
6.22the reports can be simplified or the number of reports can be reduced;
6.23    (2) the county board shall submit monthly or quarterly reports to the department
6.24as required by the commissioner. Monthly reports are due no later than 15 working days
6.25after the end of the month. Quarterly reports are due no later than 30 calendar days after
6.26the end of the quarter, unless the commissioner determines that the deadline must be
6.27shortened to 20 calendar days to avoid jeopardizing compliance with federal deadlines
6.28or risking a loss of federal funding. Only reports that are complete, legible, and in the
6.29required format shall be accepted by the commissioner;
6.30    (3) if the required reports are not received by the deadlines established in clause (2),
6.31the commissioner may delay payments and withhold funds from the county board until
6.32the next reporting period. When the report is needed to account for the use of federal
6.33funds and the late report results in a reduction in federal funding, the commissioner shall
6.34withhold from the county boards with late reports an amount equal to the reduction in
6.35federal funding until full federal funding is received;
7.1    (4) a county board that submits reports that are late, illegible, incomplete, or not
7.2in the required format for two out of three consecutive reporting periods is considered
7.3noncompliant. When a county board is found to be noncompliant, the commissioner
7.4shall notify the county board of the reason the county board is considered noncompliant
7.5and request that the county board develop a corrective action plan stating how the
7.6county board plans to correct the problem. The corrective action plan must be submitted
7.7to the commissioner within 45 days after the date the county board received notice
7.8of noncompliance;
7.9    (5) the final deadline for fiscal reports or amendments to fiscal reports is one year
7.10after the date the report was originally due. If the commissioner does not receive a report
7.11by the final deadline, the county board forfeits the funding associated with the report for
7.12that reporting period and the county board must repay any funds associated with the
7.13report received for that reporting period;
7.14    (6) the commissioner may not delay payments, withhold funds, or require repayment
7.15under clause (3) or (5) if the county demonstrates that the commissioner failed to
7.16provide appropriate forms, guidelines, and technical assistance to enable the county to
7.17comply with the requirements. If the county board disagrees with an action taken by the
7.18commissioner under clause (3) or (5), the county board may appeal the action according
7.19to sections 14.57 to 14.69; and
7.20    (7) counties subject to withholding of funds under clause (3) or forfeiture or
7.21repayment of funds under clause (5) shall not reduce or withhold benefits or services to
7.22clients to cover costs incurred due to actions taken by the commissioner under clause
7.23(3) or (5).
7.24    (r) Allocate federal fiscal disallowances or sanctions for audit exceptions when
7.25federal fiscal disallowances or sanctions are based on a statewide random sample for
7.26the foster care program under title IV-E of the Social Security Act, United States Code,
7.27title 42, in direct proportion to each county's title IV-E foster care maintenance claim
7.28for that period.
7.29    (s) Be responsible for ensuring the detection, prevention, investigation, and
7.30resolution of fraudulent activities or behavior by applicants, recipients, and other
7.31participants in the human services programs administered by the department.
7.32    (t) Require county agencies to identify overpayments, establish claims, and utilize
7.33all available and cost-beneficial methodologies to collect and recover these overpayments
7.34in the human services programs administered by the department.
7.35    (u) Have the authority to administer a drug rebate program for drugs purchased
7.36pursuant to the prescription drug program established under section 256.955 after the
8.1beneficiary's satisfaction of any deductible established in the program. The commissioner
8.2shall require a rebate agreement from all manufacturers of covered drugs as defined in
8.3section 256B.0625, subdivision 13. Rebate agreements for prescription drugs delivered on
8.4or after July 1, 2002, must include rebates for individuals covered under the prescription
8.5drug program who are under 65 years of age. For each drug, the amount of the rebate shall
8.6be equal to the rebate as defined for purposes of the federal rebate program in United
8.7States Code, title 42, section 1396r-8. The manufacturers must provide full payment
8.8within 30 days of receipt of the state invoice for the rebate within the terms and conditions
8.9used for the federal rebate program established pursuant to section 1927 of title XIX of
8.10the Social Security Act. The manufacturers must provide the commissioner with any
8.11information necessary to verify the rebate determined per drug. The rebate program shall
8.12utilize the terms and conditions used for the federal rebate program established pursuant to
8.13section 1927 of title XIX of the Social Security Act.
8.14    (v) Have the authority to administer the federal drug rebate program for drugs
8.15purchased under the medical assistance program as allowed by section 1927 of title XIX
8.16of the Social Security Act and according to the terms and conditions of section 1927.
8.17Rebates shall be collected for all drugs that have been dispensed or administered in an
8.18outpatient setting and that are from manufacturers who have signed a rebate agreement
8.19with the United States Department of Health and Human Services.
8.20    (w) Have the authority to administer a supplemental drug rebate program for drugs
8.21purchased under the medical assistance program. The commissioner may enter into
8.22supplemental rebate contracts with pharmaceutical manufacturers and may require prior
8.23authorization for drugs that are from manufacturers that have not signed a supplemental
8.24rebate contract. Prior authorization of drugs shall be subject to the provisions of section
8.25256B.0625, subdivision 13 .
8.26    (x) Operate the department's communication systems account established in Laws
8.271993, First Special Session chapter 1, article 1, section 2, subdivision 2, to manage shared
8.28communication costs necessary for the operation of the programs the commissioner
8.29supervises. A communications account may also be established for each regional
8.30treatment center which operates communications systems. Each account must be used
8.31to manage shared communication costs necessary for the operations of the programs the
8.32commissioner supervises. The commissioner may distribute the costs of operating and
8.33maintaining communication systems to participants in a manner that reflects actual usage.
8.34Costs may include acquisition, licensing, insurance, maintenance, repair, staff time and
8.35other costs as determined by the commissioner. Nonprofit organizations and state, county,
8.36and local government agencies involved in the operation of programs the commissioner
9.1supervises may participate in the use of the department's communications technology and
9.2share in the cost of operation. The commissioner may accept on behalf of the state any
9.3gift, bequest, devise or personal property of any kind, or money tendered to the state for
9.4any lawful purpose pertaining to the communication activities of the department. Any
9.5money received for this purpose must be deposited in the department's communication
9.6systems accounts. Money collected by the commissioner for the use of communication
9.7systems must be deposited in the state communication systems account and is appropriated
9.8to the commissioner for purposes of this section.
9.9    (y) Receive any federal matching money that is made available through the medical
9.10assistance program for the consumer satisfaction survey. Any federal money received for
9.11the survey is appropriated to the commissioner for this purpose. The commissioner may
9.12expend the federal money received for the consumer satisfaction survey in either year of
9.13the biennium.
9.14    (z) Designate community information and referral call centers and incorporate
9.15cost reimbursement claims from the designated community information and referral
9.16call centers into the federal cost reimbursement claiming processes of the department
9.17according to federal law, rule, and regulations. Existing information and referral centers
9.18provided by Greater Twin Cities United Way or existing call centers for which Greater
9.19Twin Cities United Way has legal authority to represent, shall be included in these
9.20designations upon review by the commissioner and assurance that these services are
9.21accredited and in compliance with national standards. Any reimbursement is appropriated
9.22to the commissioner and all designated information and referral centers shall receive
9.23payments according to normal department schedules established by the commissioner
9.24upon final approval of allocation methodologies from the United States Department of
9.25Health and Human Services Division of Cost Allocation or other appropriate authorities.
9.26    (aa) Develop recommended standards for foster care homes that address the
9.27components of specialized therapeutic services to be provided by foster care homes with
9.28those services.
9.29    (bb) Authorize the method of payment to or from the department as part of the
9.30human services programs administered by the department. This authorization includes the
9.31receipt or disbursement of funds held by the department in a fiduciary capacity as part of
9.32the human services programs administered by the department.
9.33    (cc) Have the authority to administer a drug rebate program for drugs purchased for
9.34persons eligible for general assistance medical care under section 256D.03, subdivision 3.
9.35For manufacturers that agree to participate in the general assistance medical care rebate
9.36program, the commissioner shall enter into a rebate agreement for covered drugs as
10.1defined in section 256B.0625, subdivisions 13 and 13d. For each drug, the amount of the
10.2rebate shall be equal to the rebate as defined for purposes of the federal rebate program in
10.3United States Code, title 42, section 1396r-8. The manufacturers must provide payment
10.4within the terms and conditions used for the federal rebate program established under
10.5section 1927 of title XIX of the Social Security Act. The rebate program shall utilize
10.6the terms and conditions used for the federal rebate program established under section
10.71927 of title XIX of the Social Security Act.
10.8    Effective January 1, 2006, drug coverage under general assistance medical care shall
10.9be limited to those prescription drugs that:
10.10    (1) are covered under the medical assistance program as described in section
10.11256B.0625, subdivisions 13 and 13d ; and
10.12    (2) are provided by manufacturers that have fully executed general assistance
10.13medical care rebate agreements with the commissioner and comply with such agreements.
10.14Prescription drug coverage under general assistance medical care shall conform to
10.15coverage under the medical assistance program according to section 256B.0625,
10.16subdivisions 13 to 13g .
10.17    The rebate revenues collected under the drug rebate program are deposited in the
10.18general fund.

10.19    Sec. 3. Minnesota Statutes 2006, section 256J.425, subdivision 1, is amended to read:
10.20    Subdivision 1. Eligibility. (a) To be eligible for a hardship extension, a participant
10.21in an assistance unit subject to the time limit under section 256J.42, subdivision 1, must
10.22be in compliance in the participant's 60th counted month. For purposes of determining
10.23eligibility for a hardship extension, a participant is in compliance in any month that the
10.24participant has not been sanctioned. In order to maintain eligibility for any of the hardship
10.25extension categories a participant shall develop and comply with either an employment
10.26plan or a family stabilization services plan, whichever is appropriate.
10.27    (b) If one participant in a two-parent assistance unit is determined to be ineligible for
10.28a hardship extension, the county shall give the assistance unit the option of disqualifying
10.29the ineligible participant from MFIP. In that case, the assistance unit shall be treated as a
10.30one-parent assistance unit and the assistance unit's MFIP grant shall be calculated using
10.31the shared household standard under section 256J.08, subdivision 82a.
10.32    (c) Prior to denying an extension, the county must review the sanction status and
10.33determine whether the sanction is appropriate or if good cause exists under section 256J.57.
10.34If the sanction was inappropriately applied or the participant is granted a good cause
10.35exception before the end of month 60, the participant shall be considered for an extension.

11.1    Sec. 4. Minnesota Statutes 2007 Supplement, section 256J.626, subdivision 3, is
11.2amended to read:
11.3    Subd. 3. Eligibility for services. Families with a minor child, a pregnant woman,
11.4or a noncustodial parent of a minor child receiving assistance, with incomes below 200
11.5percent of the federal poverty guideline for a family of the applicable size, are eligible for
11.6services funded under the consolidated fund. Counties and tribes must give priority to
11.7families currently receiving MFIP, the diversionary work program, or family stabilization
11.8services, and families at risk of receiving MFIP or diversionary work program. A county
11.9or tribe shall not impose a residency requirement on families, except for the residency
11.10requirement under section 256J.12.

11.11    Sec. 5. Minnesota Statutes 2007 Supplement, section 256J.626, subdivision 7, is
11.12amended to read:
11.13    Subd. 7. Performance base funds. (a) Beginning For calendar year 2008 2009
11.14and yearly thereafter, each county and tribe will be allocated 95 percent of their initial
11.15calendar year allocation. Counties and tribes will be allocated additional funds based on
11.16performance as follows:
11.17    (1) for calendar year 2008 and yearly thereafter, a county or tribe that achieves a
11.1850 percent MFIP TANF participation rate or a five percentage point improvement over
11.19the previous year's MFIP TANF participation rate under section 256J.751, subdivision 2,
11.20clause (7), as averaged across the four quarterly measurements 12 consecutive months for
11.21the most recent year for which the measurements are available, will receive an additional
11.22allocation equal to 2.5 percent of its initial allocation; and
11.23     (2) for calendar years 2005 and thereafter, a county or tribe that performs above the
11.24top of its annualized range of expected performance on the three-year self-support index
11.25under section 256J.751, subdivision 2, clause (6), will receive an additional allocation
11.26equal to five percent of its initial allocation; and
11.27    (3) for calendar years 2005 and thereafter, a county or tribe that performs within or
11.28above its range of expected performance on the annualized three-year self-support index
11.29under section 256J.751, subdivision 2, clause (6), will receive an additional allocation
11.30equal to 2.5 percent of its initial allocation; and
11.31    (4) for calendar years 2008 and thereafter, (3) a county or tribe that does not achieve
11.32a 50 percent MFIP TANF participation rate or a five percentage point improvement over
11.33the previous year's MFIP TANF participation rate under section 256J.751, subdivision 2,
11.34clause (7), as averaged across the four quarterly measurements 12 consecutive months
11.35for the most recent year for which the measurements are available, will not receive
12.1an additional 2.5 percent of its initial allocation until after negotiating a multiyear
12.2improvement plan with the commissioner; or
12.3    (5) for calendar years 2008 and thereafter, (4) a county or tribe that does not
12.4perform within or above its range of expected performance on the annualized three-year
12.5self-support index under section 256J.751, subdivision 2, clause (6), will not receive an
12.6additional allocation equal to 2.5 percent of its initial allocation until after negotiating a
12.7multiyear improvement plan with the commissioner.
12.8    (b) For calendar year 2009 and yearly thereafter, performance-based funds for a
12.9federally approved tribal TANF program in which the state and tribe have in place a
12.10contract under section 256.01, addressing consolidated funding, will be allocated as
12.11follows:
12.12    (1) for calendar year 2006 and yearly thereafter, a tribe that achieves the participation
12.13rate approved in its federal TANF plan using the average of four quarterly measurements
12.1412 consecutive months for the most recent year for which the measurements are available,
12.15will receive an additional allocation equal to 2.5 percent of its initial allocation; and
12.16    (2) for calendar years 2006 and thereafter, a tribe that performs above the top of its
12.17annualized range of expected performance on the three-year self-support index under
12.18section 256J.751, subdivision 2, clause (6), will receive an additional allocation equal
12.19to five percent of its initial allocation; or
12.20    (3) for calendar years 2006 and thereafter, a tribe that performs within or above its
12.21range of expected performance on the annualized three-year self-support index under
12.22section 256J.751, subdivision 2, clause (6), will receive an additional allocation equal
12.23to 2.5 percent of its initial allocation; or
12.24    (4) for calendar year 2008 and yearly thereafter, (3) a tribe that does not achieve the
12.25participation rate approved in its federal TANF plan using the average of four quarterly
12.26measurements 12 consecutive months for the most recent year for which the measurements
12.27are available, will not receive an additional allocation equal to 2.5 percent of its initial
12.28allocation until after negotiating a multiyear improvement plan with the commissioner; or
12.29    (5) for calendar year 2008 and yearly thereafter, (4) a tribe that does not perform
12.30within or above its range of expected performance on the annualized three-year
12.31self-support index under section 256J.751, subdivision 2, clause (6), will not receive an
12.32additional allocation equal to 2.5 percent until after negotiating a multiyear improvement
12.33plan with the commissioner.
12.34    (c) Funds remaining unallocated after the performance-based allocations in
12.35paragraph (a) are available to the commissioner for innovation projects under subdivision
12.365.
13.1    (d) (1) If available funds are insufficient to meet county and tribal allocations
13.2under paragraph (a), the commissioner may make available for allocation funds that are
13.3unobligated and available from the innovation projects through the end of the current
13.4biennium.
13.5    (2) If after the application of clause (1) funds remain insufficient to meet county and
13.6tribal allocations under paragraph (a), the commissioner must proportionally reduce the
13.7allocation of each county and tribe with respect to their maximum allocation available
13.8under paragraph (a).

13.9ARTICLE 2

13.10CHILD CARE

13.11    Section 1. Minnesota Statutes 2006, section 119B.03, subdivision 6, is amended to read:
13.12    Subd. 6. Allocation formula. The basic sliding fee state and federal funds shall be
13.13allocated on a calendar year basis. Funds shall be allocated first in amounts equal to each
13.14county's guaranteed floor according to subdivision 8, with any remaining available funds
13.15allocated according to the following formula:
13.16    (a) One-fourth of the funds shall be allocated in proportion to each county's total
13.17expenditures for the basic sliding fee child care program reported during the most recent
13.18fiscal year completed at the time of the notice of allocation.
13.19    (b) Up to one-fourth of the funds shall be allocated based on in proportion to the
13.20number of families participating in the transition year child care program as reported
13.21during and averaged over the most recent quarter six months completed at the time of the
13.22notice of allocation. Funds in excess of the amount necessary to serve all families in this
13.23category shall be allocated according to paragraph (f).
13.24    (c) Up to one-fourth of the funds shall be allocated in proportion to the average of
13.25each county's most recently recent six months of reported first, second, and third priority
13.26waiting list as defined in subdivision 2 and the reinstatement list of those families whose
13.27assistance was terminated with the approval of the commissioner under Minnesota Rules,
13.28part 3400.0183, subpart 1. Funds in excess of the amount necessary to serve all families in
13.29this category shall be allocated according to paragraph (f).
13.30    (d) Up to one-fourth of the funds must shall be allocated in proportion to the average
13.31of each county's most recently recent six months of reported waiting list as defined in
13.32subdivision 2 and the reinstatement list of those families whose assistance was terminated
13.33with the approval of the commissioner under Minnesota Rules, part 3400.0183, subpart
13.341. Funds in excess of the amount necessary to serve all families in this category shall
13.35be allocated according to paragraph (f).
14.1    (e) The amount necessary to serve all families in paragraphs (b), (c), and (d) shall be
14.2calculated based on the basic sliding fee average cost of care per family in the county with
14.3the highest cost in the most recently completed calendar year.
14.4    (f) Funds in excess of the amount necessary to serve all families in paragraphs (b),
14.5(c), and (d) shall be allocated in proportion to each county's total expenditures for the basic
14.6sliding fee child care program reported during the most recent fiscal year completed at the
14.7time of the notice of allocation.

14.8    Sec. 2. Minnesota Statutes 2006, section 119B.09, subdivision 9, is amended to read:
14.9    Subd. 9. Licensed and legal nonlicensed family child care providers; assistance.
14.10    Licensed and legal nonlicensed family child care providers and their employees are not
14.11eligible to receive child care assistance subsidies under this chapter for their own children
14.12or children in their family during the hours they are providing child care or being paid to
14.13provide child care. Child care providers and their employees are eligible to receive child
14.14care assistance subsidies for their children when they are engaged in other activities that
14.15meet the requirements of this chapter and for which child care assistance can be paid. The
14.16hours for which the provider or their employee receives a child care subsidy for their own
14.17children must not overlap with the hours the provider provides child care services.

14.18    Sec. 3. Minnesota Statutes 2007 Supplement, section 119B.231, subdivision 5, is
14.19amended to read:
14.20    Subd. 5. Relationship to current law. (a) The following provisions in chapter 119B
14.21must be waived or modified for families receiving services under this section.
14.22    (b) Notwithstanding section 119B.13, subdivisions 1 and 1a, maximum weekly rates
14.23under this section are 125 percent of the existing maximum weekly rate for like-care.
14.24Providers eligible for a differential rate under section 119B.13, subdivision 3a, remain
14.25eligible for the differential above the rate identified in this section. Only care for children
14.26who have not yet entered kindergarten may be paid at the maximum rate under this
14.27section. The provider's charge for service provided through an SRSA may not exceed the
14.28rate that the provider charges a private-pay family for like-care arrangements.
14.29    (c) A family or child care provider may not be assessed an overpayment for care
14.30provided through an SRSA unless:
14.31    (1) there was an error in the amount of care authorized for the family; or
14.32    (2) the family or provider did not timely report a change as required under the law.
14.33    (d) Care provided through an SRSA is authorized on a weekly basis.
15.1    (e) Funds appropriated under this section to serve families eligible under section
15.2119B.03 are not allocated through the basic sliding fee formula under section 119B.03.
15.3Funds appropriated under this section are used to offset increased costs when payments
15.4are made under SRSA's.
15.5    (f) Notwithstanding section 119B.09, subdivision 6, the maximum amount of child
15.6care assistance that may be authorized for a child receiving care through an SRSA in a
15.7two-week period is 160 hours per child.
15.8    (g) Effective upon date of enactment, absent day payment limits under section
15.9119B.13, subdivision 7, do not apply to children for care paid through SRSA's provided
15.10the family remains eligible under subdivision 3.

15.11    Sec. 5. CHILD CARE ADVISORY TASK FORCE.
15.12    Subdivision 1. Establishment. The commissioner of human services shall establish
15.13a Child Care Advisory Task Force of stakeholders to review and make recommendations
15.14to the legislature to remove barriers facing families applying for and receiving child care
15.15assistance under Minnesota Statutes, chapter 119B.
15.16    Subd. 2. Membership. The commissioner of human services shall appoint Child
15.17Care Advisory Task Force members. The Child Care Advisory Task Force shall include,
15.18but is not limited to, representatives from:
15.19    (1) the Department of Human Services;
15.20    (2) counties and nonprofit organizations administering the child care assistance
15.21programs;
15.22    (3) a parent receiving child care assistance;
15.23    (4) the child care advocacy community; and
15.24    (5) the antipoverty advocacy community.
15.25    Subd. 3. Duties. The Child Care Advisory Task Force shall review child care
15.26assistance laws, rules, and policies and make recommendations to remove barriers facing
15.27families applying for child care assistance or completing reauthorization for child care
15.28assistance to the legislative committees with jurisdiction over the child care assistance
15.29programs under Minnesota Statutes, chapter 119B. Barriers to review include, but are
15.30not limited to:
15.31    (1) length of application forms;
15.32    (2) consistency of application and reauthorization forms statewide;
15.33    (3) documentation requirements, including frequency of producing documentation;
15.34    (4) barriers facing parents with limited English; and
15.35    (5) length of reauthorization periods.
16.1    Subd. 4. Report. By January 15, 2010, the Department of Human Services shall
16.2report to the legislative committees with jurisdiction over the child care assistance
16.3programs with the Child Care Advisory Task Force recommendations to remove the
16.4barriers facing families in applying for and receiving child care assistance.
16.5    Subd. 5. Task force expenses. Notwithstanding Minnesota Statutes, section 15.059,
16.6task force members must not be paid a per diem or reimbursed for any expenses associated
16.7with their membership on the task force.
16.8    Subd. 6. Expiration. The Child Care Advisory Task Force expires June 30, 2010.
16.9EFFECTIVE DATE.This section is effective the day following final enactment.

16.10ARTICLE 3

16.11CHILD CARE TECHNICAL

16.12    Section 1. Minnesota Statutes 2006, section 119B.011, subdivision 17, is amended to
16.13read:
16.14    Subd. 17. MFIP. "MFIP" means the Minnesota family investment program, the
16.15state's TANF program under Public Law 104-193, Title I, and includes the MFIP program
16.16under chapter 256J, the work first program under chapter 256K, and tribal contracts under
16.17section 119B.02, subdivision 2, or 256.01, subdivision 2.

16.18    Sec. 2. Minnesota Statutes 2006, section 119B.03, subdivision 1, is amended to read:
16.19    Subdivision 1. Allocation period; Notice of allocation. When the commissioner
16.20notifies county and human service boards of the forms and instructions they are to
16.21follow in the development of their child care fund plans required under section 119B.08,
16.22subdivision 3 , the commissioner shall also notify county and human services boards of
16.23their estimated child care fund program allocation for the two years covered by the plan.
16.24By October 1 of each year, the commissioner shall notify all counties of their final child
16.25care fund program allocation.

16.26    Sec. 3. Minnesota Statutes 2006, section 119B.09, subdivision 1, is amended to read:
16.27    Subdivision 1. General eligibility requirements for all applicants for child
16.28care assistance. (a) Child care services must be available to families who need child
16.29care to find or keep employment or to obtain the training or education necessary to find
16.30employment and who:
16.31    (1) have household income less than or equal to 250 67 percent of the federal poverty
16.32guidelines state median income, adjusted for family size, and meet the requirements
17.1of section 119B.05; receive MFIP assistance; and are participating in employment and
17.2training services under chapter 256J or 256K; or
17.3    (2) have household income less than or equal to 175 47 percent of the federal
17.4poverty guidelines state median income, adjusted for family size, at program entry and
17.5less than 250 67 percent of the federal poverty guidelines state median income, adjusted
17.6for family size, at program exit.
17.7    (b) Child care services must be made available as in-kind services.
17.8    (c) All applicants for child care assistance and families currently receiving child care
17.9assistance must be assisted and required to cooperate in establishment of paternity and
17.10enforcement of child support obligations for all children in the family as a condition
17.11of program eligibility. For purposes of this section, a family is considered to meet the
17.12requirement for cooperation when the family complies with the requirements of section
17.13256.741 .

17.14    Sec. 4. Minnesota Statutes 2007 Supplement, section 119B.12, is amended to read:
17.15119B.12 SLIDING FEE SCALE.
17.16    Subdivision 1. Fee schedule. In setting the sliding fee schedule, the commissioner
17.17shall exclude from the amount of income used to determine eligibility an amount for
17.18federal and state income and Social Security taxes attributable to that income level
17.19according to federal and state standardized tax tables. The commissioner shall base the
17.20parent fee on the ability of the family to pay for child care. The fee schedule must be
17.21designed to use any available tax credits.
17.22    PARENT FEE SCHEDULE. The parent fee schedule is as follows, except as noted
17.23in subdivision 2:

17.24 17.25 17.26	Income Range (as a percent of the federal poverty guidelinesstate median income, except at the start of the first tier)	Co-payment (as a percentage of adjusted gross income)
17.27	0-74.99% of federal poverty guidelines	$0/month
17.28	75.00-99.99% of federal poverty guidelines	$5/month
17.29 17.30	100.00-104.99%100.00% of federal poverty guidelines-27.72%	2.61%
17.31	105.00-109.99%27.73-29.04%	2.61%
17.32	110.00-114.99%29.05-30.36%	2.61%
17.33	115.00-119.99%30.37-31.68%	2.61%
18.1	120.00-124.99%31.69-33.00%	2.91%
18.2	125.00-129.99%33.01-34.32%	2.91%
18.3	130.00-134.99%34.33-35.65%	2.91%
18.4	135.00-139.99%35.66-36.96%	2.91%
18.5	140.00-144.99%36.97-38.29%	3.21%
18.6	145.00-149.99%38.30-39.61%	3.21%
18.7	150.00-154.99%39.62-40.93%	3.21%
18.8	155.00-159.99%40.94-42.25%	3.84%
18.9	160.00-164.99%42.26-43.57%	3.84%
18.10	165.00-169.99%43.58-44.89%	4.46%
18.11	170.00-174.99%44.90-46.21%	4.76%
18.12	175.00-179.99%46.22-47.53%	5.05%
18.13	180.00-184.99%47.54-48.85%	5.65%
18.14	185.00-189.99%48.86-50.17%	5.95%
18.15	190.00-194.99%50.18-51.49%	6.24%
18.16	195.00-199.99%51.50-52.81%	6.84%
18.17	200.00-204.99%52.82-54.13%	7.58%
18.18	205.00-209.99%54.14-55.45%	8.33%
18.19	210.00-214.99%55.46-56.77%	9.20%
18.20	215.00-219.99%56.78-58.09%	10.07%
18.21	220.00-224.99%58.10-59.41%	10.94%
18.22	225.00-229.99%59.42-60.73%	11.55%
18.23	230.00-234.99%60.74-62.06%	12.16%
18.24	235.00-239.99%62.07-63.38%	12.77%
18.25	240.00-244.99%63.39-64.70%	13.38%
18.26	245.00-249.99%64.71-66.99%	14.00%
18.27	250%67.00%	ineligible

18.28    A family's monthly co-payment fee is the fixed percentage established for the
18.29income range multiplied by the highest possible income within that income range.
19.1    Subd. 2. Parent fee. A family must be assessed a parent fee for each service period.
19.2A family's parent fee must be a fixed percentage of its annual gross income. Parent fees
19.3must apply to families eligible for child care assistance under sections 119B.03 and
19.4119B.05 . Income must be as defined in section 119B.011, subdivision 15. The fixed
19.5percent is based on the relationship of the family's annual gross income to 100 percent
19.6of the annual federal poverty guidelines state median income. Parent fees must begin
19.7at 75 percent of the poverty level. The minimum parent fees for families between 75
19.8percent and 100 percent of poverty level must be $5 per month. Parent fees must provide
19.9for graduated movement to full payment. Payment of part or all of a family's parent
19.10fee directly to the family's child care provider on behalf of the family by a source other
19.11than the family shall not affect the family's eligibility for child care assistance, and the
19.12amount paid shall be excluded from the family's income. Child care providers who accept
19.13third-party payments must maintain family specific documentation of payment source,
19.14amount, and time period covered by the payment.
19.15EFFECTIVE DATE.This section is effective July 1, 2008.

19.16    Sec. 5. Minnesota Statutes 2006, section 119B.125, is amended by adding a subdivision
19.17to read:
19.18    Subd. 1a. Background study required. This subdivision only applies to legal,
19.19nonlicensed family child care providers. Prior to authorization, and as part of each
19.20reauthorization required in subdivision 1, the county shall perform a background study on
19.21every member of the provider's household who is age 13 and older. The background study
19.22shall be conducted according to the procedures under subdivision 2.

19.23    Sec. 6. Minnesota Statutes 2007 Supplement, section 119B.125, subdivision 2, is
19.24amended to read:
19.25    Subd. 2. Persons who cannot be authorized. (a) A person who When any
19.26member of the legal, nonlicensed family child care provider's household meets any of the
19.27conditions under paragraphs (b) to (n), the provider must not be authorized as a legal
19.28nonlicensed family child care provider. To determine whether any of the listed conditions
19.29exist, the county must request information about the provider and other household
19.30members for whom a background study is required under subdivision 1a from the Bureau
19.31of Criminal Apprehension, the juvenile courts, and social service agencies. When one
19.32of the listed entities does not maintain information on a statewide basis, the county must
19.33contact the entity in the county where the provider resides and any other county in which
19.34the provider or any household member previously resided in the past year. For purposes of
20.1this subdivision, a finding that a delinquency petition is proven in juvenile court must be
20.2considered a conviction in state district court. If a county has determined that a provider
20.3is able to be authorized in that county, and a family in another county later selects that
20.4provider, the provider is able to be authorized in the second county without undergoing a
20.5new background investigation unless one of the following conditions exists:
20.6    (1) two years have passed since the first authorization;
20.7    (2) another person age 13 or older has joined the provider's household since the
20.8last authorization;
20.9    (3) a current household member has turned 13 since the last authorization; or
20.10    (4) there is reason to believe that a household member has a factor that prevents
20.11authorization.
20.12    (b) The person has been convicted of one of the following offenses or has admitted to
20.13committing or a preponderance of the evidence indicates that the person has committed an
20.14act that meets the definition of one of the following offenses: sections 609.185 to 609.195,
20.15murder in the first, second, or third degree; 609.2661 to 609.2663, murder of an unborn
20.16child in the first, second, or third degree; 609.322, solicitation, inducement, promotion
20.17of prostitution, or receiving profit from prostitution; 609.342 to 609.345, criminal sexual
20.18conduct in the first, second, third, or fourth degree; 609.352, solicitation of children to
20.19engage in sexual conduct; 609.365, incest; 609.377, felony malicious punishment of a
20.20child; 617.246, use of minors in sexual performance; 617.247, possession of pictorial
20.21representation of a minor; 609.2242 to 609.2243, felony domestic assault; a felony offense
20.22of spousal abuse; a felony offense of child abuse or neglect; a felony offense of a crime
20.23against children; or an attempt or conspiracy to commit any of these offenses as defined in
20.24Minnesota Statutes; or an offense in any other state or country where the elements are
20.25substantially similar to any of the offenses listed in this paragraph.
20.26    (c) Less than 15 years have passed since the discharge of the sentence imposed for
20.27the offense and the person has received a felony conviction for one of the following
20.28offenses, or the person has admitted to committing or a preponderance of the evidence
20.29indicates that the person has committed an act that meets the definition of a felony
20.30conviction for one of the following offenses: sections 609.20 to 609.205, manslaughter in
20.31the first or second degree; 609.21, criminal vehicular homicide; 609.215, aiding suicide
20.32or aiding attempted suicide; 609.221 to 609.2231, assault in the first, second, third, or
20.33fourth degree; 609.224, repeat offenses of fifth degree assault; 609.228, great bodily
20.34harm caused by distribution of drugs; 609.2325, criminal abuse of a vulnerable adult;
20.35609.2335 , financial exploitation of a vulnerable adult; 609.235, use of drugs to injure or
20.36facilitate a crime; 609.24, simple robbery; 617.241, repeat offenses of obscene materials
21.1and performances; 609.245, aggravated robbery; 609.25, kidnapping; 609.255, false
21.2imprisonment; 609.2664 to 609.2665, manslaughter of an unborn child in the first or
21.3second degree; 609.267 to 609.2672, assault of an unborn child in the first, second, or third
21.4degree; 609.268, injury or death of an unborn child in the commission of a crime; 609.27,
21.5coercion; 609.275, attempt to coerce; 609.324, subdivision 1, other prohibited acts, minor
21.6engaged in prostitution; 609.3451, repeat offenses of criminal sexual conduct in the fifth
21.7degree; 609.378, neglect or endangerment of a child; 609.52, theft; 609.521, possession of
21.8shoplifting gear; 609.561 to 609.563, arson in the first, second, or third degree; 609.582,
21.9burglary in the first, second, third, or fourth degree; 609.625, aggravated forgery; 609.63,
21.10forgery; 609.631, check forgery, offering a forged check; 609.635, obtaining signature
21.11by false pretenses; 609.66, dangerous weapon; 609.665, setting a spring gun; 609.67,
21.12unlawfully owning, possessing, or operating a machine gun; 609.687, adulteration; 609.71,
21.13riot; 609.713, terrorist threats; 609.749, harassment, stalking; 260C.301, termination of
21.14parental rights; 152.021 to 152.022 and 152.0262, controlled substance crime in the first
21.15or second degree; 152.023, subdivision 1, clause (3) or (4), or 152.023, subdivision 2,
21.16clause (4), controlled substance crime in third degree; 152.024, subdivision 1, clause
21.17(2), (3), or (4), controlled substance crime in fourth degree; 617.23, repeat offenses of
21.18indecent exposure; an attempt or conspiracy to commit any of these offenses as defined in
21.19Minnesota Statutes; or an offense in any other state or country where the elements are
21.20substantially similar to any of the offenses listed in this paragraph.
21.21    (d) Less than ten years have passed since the discharge of the sentence imposed for
21.22the offense and the person has received a gross misdemeanor conviction for one of the
21.23following offenses or the person has admitted to committing or a preponderance of the
21.24evidence indicates that the person has committed an act that meets the definition of a gross
21.25misdemeanor conviction for one of the following offenses: sections 609.224, fifth degree
21.26assault; 609.2242 to 609.2243, domestic assault; 518B.01, subdivision 14, violation of
21.27an order for protection; 609.3451, fifth degree criminal sexual conduct; 609.746, repeat
21.28offenses of interference with privacy; 617.23, repeat offenses of indecent exposure;
21.29617.241 , obscene materials and performances; 617.243, indecent literature, distribution;
21.30617.293 , disseminating or displaying harmful material to minors; 609.71, riot; 609.66,
21.31dangerous weapons; 609.749, harassment, stalking; 609.224, subdivision 2, paragraph
21.32(c), fifth degree assault against a vulnerable adult by a caregiver; 609.23, mistreatment
21.33of persons confined; 609.231, mistreatment of residents or patients; 609.2325, criminal
21.34abuse of a vulnerable adult; 609.2335, financial exploitation of a vulnerable adult;
21.35609.233 , criminal neglect of a vulnerable adult; 609.234, failure to report maltreatment of
21.36a vulnerable adult; 609.72, subdivision 3, disorderly conduct against a vulnerable adult;
22.1609.265 , abduction; 609.378, neglect or endangerment of a child; 609.377, malicious
22.2punishment of a child; 609.324, subdivision 1a, other prohibited acts, minor engaged
22.3in prostitution; 609.33, disorderly house; 609.52, theft; 609.582, burglary in the first,
22.4second, third, or fourth degree; 609.631, check forgery, offering a forged check; 609.275,
22.5attempt to coerce; an attempt or conspiracy to commit any of these offenses as defined in
22.6Minnesota Statutes; or an offense in any other state or country where the elements are
22.7substantially similar to any of the offenses listed in this paragraph.
22.8    (e) Less than seven years have passed since the discharge of the sentence imposed
22.9for the offense and the person has received a misdemeanor conviction for one of the
22.10following offenses or the person has admitted to committing or a preponderance of
22.11the evidence indicates that the person has committed an act that meets the definition
22.12of a misdemeanor conviction for one of the following offenses: sections 609.224, fifth
22.13degree assault; 609.2242, domestic assault; 518B.01, violation of an order for protection;
22.14609.3232 , violation of an order for protection; 609.746, interference with privacy; 609.79,
22.15obscene or harassing telephone calls; 609.795, letter, telegram, or package opening,
22.16harassment; 617.23, indecent exposure; 609.2672, assault of an unborn child, third degree;
22.17617.293 , dissemination and display of harmful materials to minors; 609.66, dangerous
22.18weapons; 609.665, spring guns; an attempt or conspiracy to commit any of these offenses
22.19as defined in Minnesota Statutes; or an offense in any other state or country where the
22.20elements are substantially similar to any of the offenses listed in this paragraph.
22.21    (f) The person has been identified by the child protection agency in the county where
22.22the provider resides or a county where the provider has resided or by the statewide child
22.23protection database as a person found by a preponderance of evidence under section
22.24626.556 to be responsible for physical or sexual abuse of a child within the last seven years.
22.25    (g) The person has been identified by the adult protection agency in the county
22.26where the provider resides or a county where the provider has resided or by the statewide
22.27adult protection database as the person responsible for abuse or neglect of a vulnerable
22.28adult within the last seven years.
22.29    (h) The person has refused to give written consent for disclosure of criminal history
22.30records.
22.31    (i) The person has been denied a family child care license or has received a fine or a
22.32sanction as a licensed child care provider that has not been reversed on appeal.
22.33    (j) The person has a family child care licensing disqualification that has not been
22.34set aside.
23.1    (k) The person has admitted or a county has found that there is a preponderance of
23.2evidence that fraudulent information was given to the county for child care assistance
23.3application purposes or was used in submitting child care assistance bills for payment.
23.4    (l) The person has been convicted of the crime of theft by wrongfully obtaining
23.5public assistance or has been found guilty of wrongfully obtaining public assistance by a
23.6federal court, state court, or an administrative hearing determination or waiver, through a
23.7disqualification consent agreement, as part of an approved diversion plan under section
23.8401.065 , or a court-ordered stay with probationary or other conditions.
23.9    (m) The person has a household member age 13 or older who has access to children
23.10during the hours that care is provided and who meets one of the conditions listed in
23.11paragraphs (b) to (l).
23.12    (n) The person has a household member ages ten to 12 who has access to children
23.13during the hours that care is provided; information or circumstances exist which provide
23.14the county with articulable suspicion that further pertinent information may exist showing
23.15the household member meets one of the conditions listed in paragraphs (b) to (l); and the
23.16household member actually meets one of the conditions listed in paragraphs (b) to (l).

23.17    Sec. 7. Minnesota Statutes 2007 Supplement, section 119B.13, subdivision 1, is
23.18amended to read:
23.19    Subdivision 1. Subsidy restrictions. (a) Beginning July 1, 2006, the maximum rate
23.20paid for child care assistance in any county or multicounty region under the child care
23.21fund shall be the rate for like-care arrangements in the county effective January 1, 2006,
23.22increased by six percent.
23.23    (b) Rate changes shall be implemented for services provided in September 2006
23.24unless a participant eligibility redetermination or a new provider agreement is completed
23.25between July 1, 2006, and August 31, 2006.
23.26    As necessary, appropriate notice of adverse action must be made according to
23.27Minnesota Rules, part 3400.0185, subparts 3 and 4.
23.28    New cases approved on or after July 1, 2006, shall have the maximum rates under
23.29paragraph (a), implemented immediately.
23.30    (c) Every year, the commissioner shall survey rates charged by child care providers in
23.31Minnesota to determine the 75th percentile for like-care arrangements in counties. When
23.32the commissioner determines that, using the commissioner's established protocol, the
23.33number of providers responding to the survey is too small to determine the 75th percentile
23.34rate for like-care arrangements in a county or multicounty region, the commissioner may
24.1establish the 75th percentile maximum rate based on like-care arrangements in a county,
24.2region, or category that the commissioner deems to be similar.
24.3    (d) A rate which includes a special needs rate paid under subdivision 3 or under a
24.4school readiness service agreement paid under section 119B.231, may be in excess of the
24.5maximum rate allowed under this subdivision.
24.6    (e) The department shall monitor the effect of this paragraph on provider rates. The
24.7county shall pay the provider's full charges for every child in care up to the maximum
24.8established. The commissioner shall determine the maximum rate for each type of care on
24.9an hourly, full-day, and weekly basis, including special needs and disability care.
24.10    (f) When the provider charge is greater than the maximum provider rate allowed,
24.11the parent is responsible for payment of the difference in the rates in addition to any
24.12family co-payment fee.
24.13    (g) All maximum provider rates changes shall be implemented on the Monday
24.14following the effective date of the maximum provider rate.

24.15    Sec. 8. Minnesota Statutes 2007 Supplement, section 119B.13, subdivision 7, is
24.16amended to read:
24.17    Subd. 7. Absent days. (a) Child care providers may not be reimbursed for more
24.18than 25 full-day absent days per child, excluding holidays, in a fiscal year, or for more
24.19than ten consecutive full-day absent days, unless the child has a documented medical
24.20condition that causes more frequent absences. Absences due to a documented medical
24.21condition of a parent or sibling who lives in the same residence as the child receiving
24.22child care assistance do not count against the 25-day absent day limit in a fiscal year.
24.23Documentation of medical conditions must be on the forms and submitted according to
24.24the timelines established by the commissioner. A public health nurse or school nurse
24.25may verify the illness in lieu of a medical practitioner. If a provider sends a child home
24.26early due to a medical reason, including, but not limited to, fever or contagious illness,
24.27the child care center director or lead teacher may verify the illness in lieu of a medical
24.28practitioner. If a child attends for part of the time authorized to be in care in a day, but is
24.29absent for part of the time authorized to be in care in that same day, the absent time will be
24.30reimbursed but the time will not count toward the ten consecutive or 25 cumulative absent
24.31day limits. Children in families where at least one parent is under the age of 21, does not
24.32have a high school or general equivalency diploma, and is a student in a school district
24.33or another similar program that provides or arranges for child care, as well as parenting,
24.34social services, career and employment supports, and academic support to achieve high
24.35school graduation, may be exempt from the absent day limits upon request of the program
25.1and approval of the county. If a child attends part of an authorized day, payment to the
25.2provider must be for the full amount of care authorized for that day. Child care providers
25.3may only be reimbursed for absent days if the provider has a written policy for child
25.4absences and charges all other families in care for similar absences.
25.5    (b) Child care providers must be reimbursed for up to ten federal or state holidays
25.6or designated holidays per year when the provider charges all families for these days
25.7and the holiday or designated holiday falls on a day when the child is authorized to be
25.8in attendance. Parents may substitute other cultural or religious holidays for the ten
25.9recognized state and federal holidays. Holidays do not count toward the ten consecutive or
25.1025 cumulative absent day limits.
25.11    (c) A family or child care provider may not be assessed an overpayment for an
25.12absent day payment unless (1) there was an error in the amount of care authorized for the
25.13family, (2) all of the allowed full-day absent payments for the child have been paid, or (3)
25.14the family or provider did not timely report a change as required under law.
25.15    (d) The provider and family must receive notification of the number of absent days
25.16used upon initial provider authorization for a family and when the family has used 15
25.17cumulative absent days. Upon statewide implementation of the Minnesota Electronic
25.18Child Care System, the provider and family shall receive notification of the number of
25.19absent days used upon initial provider authorization for a family and ongoing notification
25.20of the number of absent days used as of the date of the notification.
25.21    (e) A county may pay for more absent days than the statewide absent day policy
25.22established under this subdivision if current market practice in the county justifies payment
25.23for those additional days. County policies for payment of absent days in excess of the
25.24statewide absent day policy and justification for these county policies must be included in
25.25the county's child care fund plan under section 119B.08, subdivision 3.

25.26    Sec. 9. Minnesota Statutes 2007 Supplement, section 119B.21, subdivision 5, is
25.27amended to read:
25.28    Subd. 5. Child care services grants. (a) A child care resource and referral program
25.29designated under section 119B.19, subdivision 1a, may award child care services grants
25.30for:
25.31    (1) creating new licensed child care facilities and expanding existing facilities,
25.32including, but not limited to, supplies, equipment, facility renovation, and remodeling;
25.33    (2) improving licensed child care facility programs;
25.34    (3) staff training and development services including, but not limited to, in-service
25.35training, curriculum development, accreditation, certification, consulting, resource
26.1centers, program and resource materials, supporting effective teacher-child interactions,
26.2child-focused teaching, and content-driven classroom instruction;
26.3    (4) interim financing;
26.4    (5) capacity building through the purchase of appropriate technology to create,
26.5enhance, and maintain business management systems;
26.6    (6) emergency assistance for child care programs;
26.7    (7) new programs or projects for the creation, expansion, or improvement of
26.8programs that serve ethnic immigrant and refugee communities; and
26.9    (8) targeted recruitment initiatives to expand and build the capacity of the child
26.10care system and to improve the quality of care provided by legal nonlicensed child care
26.11providers.
26.12    (b) A child care resource and referral program designated under section 119B.19,
26.13subdivision 1a , may award child care services grants to:
26.14    (1) licensed providers;
26.15    (2) providers in the process of being licensed;
26.16    (3) corporations or public agencies that develop or provide child care services;
26.17    (4) school-age care programs;
26.18    (5) legal nonlicensed or family, friend, and neighbor care providers; or
26.19    (5) (6) any combination of clauses (1) to (4) (5).
26.20Unlicensed providers are only eligible for grants under paragraph (a), clause (7).
26.21    (c) A recipient of a child care services grant for facility improvements, interim
26.22financing, or staff training and development must provide a 25 percent local match.

26.23    Sec. 10. Minnesota Statutes 2006, section 119B.21, subdivision 10, is amended to read:
26.24    Subd. 10. Family child care technical assistance grants. (a) A child care resource
26.25and referral organization designated under section 119B.19, subdivision 1a, may award
26.26technical assistance grants of up to $1,000. These grants may be used for:
26.27    (1) facility improvements, including, but not limited to, improvements to meet
26.28licensing requirements;
26.29    (2) improvements to expand a child care facility or program;
26.30    (3) toys and equipment;
26.31    (4) technology and software to create, enhance, and maintain business management
26.32systems;
26.33    (5) start-up costs;
26.34    (6) staff training and development; and
26.35    (7) other uses approved by the commissioner.
27.1    (b) A child care resource and referral program may award family child care technical
27.2assistance grants to:
27.3    (1) licensed family child care providers; or
27.4    (2) child care providers in the process of becoming licensed.; or
27.5    (3) legal nonlicensed or family, friend, and neighbor care providers.
27.6    (c) A local match is not required for a family child care technical assistance grant.

27.7    Sec. 11. Minnesota Statutes 2006, section 256E.30, subdivision 1, is amended to read:
27.8    Subdivision 1. Authorization. The commissioner of education human services may
27.9provide financial assistance for community action agencies, Indian reservations, and
27.10migrant and seasonal farmworker organizations to carry out community action programs
27.11as described in section 256E.32 in accordance with the Omnibus Reconciliation Act of
27.121981, Public Law 97-35, as amended in 1984, Public Law 98-558, state law, and federal
27.13law and regulation.

27.14    Sec. 12. Minnesota Statutes 2006, section 256E.35, subdivision 7, is amended to read:
27.15    Subd. 7. Program reporting. The fiscal agent on behalf of each fiduciary
27.16organization participating in a family assets for independence initiative must report
27.17quarterly to the commissioner of human services and to the commissioner of education
27.18identifying the participants with accounts, the number of accounts, the amount of savings
27.19and matches for each participant's account, the uses of the account, and the number of
27.20businesses, homes, and educational services paid for with money from the account, as
27.21well as other information that may be required for the commissioner to administer the
27.22program and meet federal TANF reporting requirements.

27.23    Sec. 13. REVISOR'S INSTRUCTION.
27.24    (a) The revisor of statutes shall renumber Minnesota Statutes, section 119A.45,
27.25as Minnesota Statutes, section 256E.37.
27.26    (b) The revisor of statutes shall make such cross-reference changes as are necessary
27.27from the renumbering in this section wherever the reference appears in statute.

27.28ARTICLE 4

27.29MFIP TECHNICAL CHANGES

27.30    Section 1. Minnesota Statutes 2007 Supplement, section 256J.20, subdivision 3,
27.31is amended to read:
28.1    Subd. 3. Other property limitations. To be eligible for MFIP, the equity value of
28.2all nonexcluded real and personal property of the assistance unit must not exceed $2,000
28.3for applicants and $5,000 for ongoing participants. The value of assets in clauses (1) to
28.4(19) must be excluded when determining the equity value of real and personal property:
28.5    (1) a licensed vehicle up to a loan value of less than or equal to $15,000. If the
28.6assistance unit owns more than one licensed vehicle, the county agency shall determine the
28.7loan value of all additional vehicles and exclude the combined loan value of less than or
28.8equal to $7,500. The county agency shall apply any excess loan value as if it were equity
28.9value to the asset limit described in this section, excluding: (i) the value of one vehicle
28.10per physically disabled person when the vehicle is needed to transport the disabled unit
28.11member; this exclusion does not apply to mentally disabled people; (ii) the value of special
28.12equipment for a disabled member of the assistance unit; and (iii) any vehicle used for
28.13long-distance travel, other than daily commuting, for the employment of a unit member.
28.14    To establish the loan value of vehicles, a county agency must use the N.A.D.A.
28.15Official Used Car Guide, Midwest Edition, for newer model cars. When a vehicle is not
28.16listed in the guidebook, or when the applicant or participant disputes the loan value listed
28.17in the guidebook as unreasonable given the condition of the particular vehicle, the county
28.18agency may require the applicant or participant document the loan value by securing a
28.19written statement from a motor vehicle dealer licensed under section 168.27, stating
28.20the amount that the dealer would pay to purchase the vehicle. The county agency shall
28.21reimburse the applicant or participant for the cost of a written statement that documents
28.22a lower loan value;
28.23    (2) the value of life insurance policies for members of the assistance unit;
28.24    (3) one burial plot per member of an assistance unit;
28.25    (4) the value of personal property needed to produce earned income, including
28.26tools, implements, farm animals, inventory, business loans, business checking and
28.27savings accounts used at least annually and used exclusively for the operation of a
28.28self-employment business, and any motor vehicles if at least 50 percent of the vehicle's use
28.29is to produce income and if the vehicles are essential for the self-employment business;
28.30    (5) the value of personal property not otherwise specified which is commonly
28.31used by household members in day-to-day living such as clothing, necessary household
28.32furniture, equipment, and other basic maintenance items essential for daily living;
28.33    (6) the value of real and personal property owned by a recipient of Supplemental
28.34Security Income or Minnesota supplemental aid;
28.35    (7) the value of corrective payments, but only for the month in which the payment
28.36is received and for the following month;
29.1    (8) a mobile home or other vehicle used by an applicant or participant as the
29.2applicant's or participant's home;
29.3    (9) money in a separate escrow account that is needed to pay real estate taxes or
29.4insurance and that is used for this purpose;
29.5    (10) money held in escrow to cover employee FICA, employee tax withholding,
29.6sales tax withholding, employee worker compensation, business insurance, property rental,
29.7property taxes, and other costs that are paid at least annually, but less often than monthly;
29.8    (11) monthly assistance payments for the current month's or short-term emergency
29.9needs under section 256J.626, subdivision 2;
29.10    (12) the value of school loans, grants, or scholarships for the period they are
29.11intended to cover;
29.12    (13) payments listed in section 256J.21, subdivision 2, clause (9), which are held
29.13in escrow for a period not to exceed three months to replace or repair personal or real
29.14property;
29.15    (14) income received in a budget month through the end of the payment month;
29.16    (15) savings from earned income of a minor child or a minor parent that are set aside
29.17in a separate account designated specifically for future education or employment costs;
29.18    (16) the federal earned income credit, Minnesota working family credit, state and
29.19federal income tax refunds, state homeowners and renters credits under chapter 290A,
29.20property tax rebates and other federal or state tax rebates in the month received and the
29.21following month;
29.22    (17) payments excluded under federal law as long as those payments are held in a
29.23separate account from any nonexcluded funds;
29.24    (18) the assets of children ineligible to receive MFIP benefits because foster care or
29.25adoption assistance payments are made on their behalf; and
29.26    (19) the assets of persons whose income is excluded under section 256J.21,
29.27subdivision 2 , clause (43).

29.28    Sec. 2. Minnesota Statutes 2006, section 256J.24, subdivision 5, is amended to read:
29.29    Subd. 5. MFIP transitional standard. The MFIP transitional standard is based
29.30on the number of persons in the assistance unit eligible for both food and cash assistance
29.31unless the restrictions in subdivision 6 on the birth of a child apply. The following table
29.32represents the transitional standards effective October 1, 2004 2007.

29.33 29.34

Number of Eligible People

Transitional Standard

Cash Portion

Food Portion

30.1	1	$379 $391:	$250	$129 $141
30.2	2	$675 $698:	$437	$238 $261
30.3	3	$876 $910:	$532	$344 $378
30.4	4	$1,036 $1,091:	$621	$415 $470
30.5	5	$1,180 $1,245:	$697	$483 $548
30.6	6	$1,350 $1,425:	$773	$577 $652
30.7	7	$1,472 $1,553:	$850	$622 $703
30.8	8	$1,623 $1,713:	$916	$707 $797
30.9	9	$1,772 $1,871:	$980	$792 $891
30.10	10	$1,915 $2,024:	$1,035	$880 $989
30.11	over 10	add $142 $151:	$53	$89 $98
30.12	per additional member.

30.13    The commissioner shall annually publish in the State Register the transitional
30.14standard for an assistance unit sizes 1 to 10 including a breakdown of the cash and food
30.15portions.

30.16    Sec. 3. Minnesota Statutes 2006, section 256J.521, subdivision 4, is amended to read:
30.17    Subd. 4. Self-employment. (a) Self-employment activities may be included in an
30.18employment plan contingent on the development of a business plan which establishes a
30.19timetable and earning goals that will result in the participant exiting MFIP assistance.
30.20Business plans must be developed with assistance from an individual or organization with
30.21expertise in small business as approved by the job counselor.
30.22    (b) Participants with an approved plan that includes self-employment must meet
30.23the participation requirements in section 256J.55, subdivision 1. Only hours where
30.24the participant earns at least minimum wage shall be counted toward the requirement.
30.25Additional activities and hours necessary to meet the participation requirements in section
30.26256J.55, subdivision 1 , must be included in the employment plan.
30.27    (c) Employment plans which include self-employment activities must be reviewed
30.28every three months. Participants who fail, without good cause, to make satisfactory
30.29progress as established in the business plan must revise the employment plan to replace
30.30the self-employment with other approved work activities.
30.31    (d) The requirements of this subdivision may be waived for participants who are
30.32enrolled in the self-employment investment demonstration program (SEID) under section
31.1256J.65, and who make satisfactory progress as determined by the job counselor and
31.2the SEID provider.

31.3    Sec. 4. Minnesota Statutes 2006, section 256J.54, subdivision 2, is amended to read:
31.4    Subd. 2. Responsibility for assessment and employment plan. For caregivers
31.5who are under age 18 without a high school diploma or its equivalent, the assessment
31.6under subdivision 1 and the employment plan under subdivision 3 must be completed
31.7by the social services agency under section 257.33. For caregivers who are age 18 or
31.819 without a high school diploma or its equivalent who choose to have an employment
31.9plan with an education option under subdivision 3, the assessment under subdivision 1
31.10and the employment plan under subdivision 3 must be completed by the job counselor
31.11or, at county option, by the social services agency under section 257.33. Upon reaching
31.12age 18 or 19 a caregiver who received social services under section 257.33 and is without
31.13a high school diploma or its equivalent has the option to choose whether to continue
31.14receiving services under the caregiver's plan from the social services agency or to utilize
31.15an MFIP employment and training service provider. The social services agency or the job
31.16counselor shall consult with representatives of educational agencies that are required to
31.17assist in developing educational plans under section 124D.331 the participant's school in
31.18developing the educational plan.

31.19    Sec. 5. Minnesota Statutes 2006, section 256J.54, subdivision 5, is amended to read:
31.20    Subd. 5. School attendance required. (a) Notwithstanding the provisions of
31.21section 256J.56, Minor parents, or 18- or 19-year-old parents without a high school
31.22diploma or its equivalent who chooses an employment plan with an education option
31.23must attend school unless:
31.24    (1) transportation services needed to enable the caregiver to attend school are not
31.25available;
31.26    (2) appropriate child care services needed to enable the caregiver to attend school
31.27are not available;
31.28    (3) the caregiver is ill or incapacitated seriously enough to prevent attendance at
31.29school; or
31.30    (4) the caregiver is needed in the home because of the illness or incapacity of
31.31another member of the household. This includes a caregiver of a child who is younger
31.32than six weeks of age.
31.33    (b) The caregiver must be enrolled in a secondary school and meeting the school's
31.34attendance requirements. The county, social service agency, or job counselor must verify
32.1at least once per quarter that the caregiver is meeting the school's attendance requirements.
32.2An enrolled caregiver is considered to be meeting the attendance requirements when the
32.3school is not in regular session, including during holiday and summer breaks.

32.4    Sec. 6. Minnesota Statutes 2006, section 256J.545, is amended to read:
32.5256J.545 FAMILY VIOLENCE WAIVER CRITERIA.
32.6    (a) In order to qualify for a family violence waiver, an individual must provide
32.7documentation of past or current family violence which may prevent the individual
32.8from participating in certain employment activities. A claim of family violence must
32.9be documented by the applicant or participant providing a sworn statement which is
32.10supported by collateral documentation.
32.11    (b) Collateral documentation may consist of The following items may be considered
32.12acceptable documentation or verification of family violence:
32.13    (1) police, government agency, or court records;
32.14    (2) a statement from a battered women's shelter staff with knowledge of the
32.15circumstances or credible evidence that supports the sworn statement;
32.16    (3) a statement from a sexual assault or domestic violence advocate with knowledge
32.17of the circumstances or credible evidence that supports the sworn statement; or
32.18    (4) a statement from professionals from whom the applicant or recipient has sought
32.19assistance for the abuse; or.
32.20    (5) a sworn statement from any other individual with knowledge of circumstances or
32.21credible evidence that supports the sworn statement.
32.22    (c) A claim of family violence may also be documented by a sworn statement from
32.23the applicant or participant and a sworn statement from any other person with knowledge
32.24of the circumstances or credible evidence that supports the client's statement.

32.25    Sec. 7. Minnesota Statutes 2007 Supplement, section 256J.95, subdivision 3, is
32.26amended to read:
32.27    Subd. 3. Eligibility for diversionary work program. (a) Except for the categories
32.28of family units listed below, all family units who apply for cash benefits and who
32.29meet MFIP eligibility as required in sections 256J.11 to 256J.15 are eligible and must
32.30participate in the diversionary work program. Family units that are not eligible for the
32.31diversionary work program include:
32.32    (1) child only cases;
32.33    (2) a single-parent family unit that includes a child under 12 weeks of age. A parent
32.34is eligible for this exception once in a parent's lifetime and is not eligible if the parent
33.1has already used the previously allowed child under age one exemption from MFIP
33.2employment services;
33.3    (3) a minor parent without a high school diploma or its equivalent;
33.4    (4) an 18- or 19-year-old caregiver without a high school diploma or its equivalent
33.5who chooses to have an employment plan with an education option;
33.6    (5) a caregiver age 60 or over;
33.7    (6) family units with a caregiver who received DWP benefits in the 12 months prior
33.8to the month the family applied for DWP, except as provided in paragraph (c);
33.9    (7) family units with a caregiver who received MFIP within the 12 months prior to
33.10the month the family unit applied for DWP;
33.11    (8) a family unit with a caregiver who received 60 or more months of TANF
33.12assistance;
33.13    (9) a family unit with a caregiver who is disqualified from DWP or MFIP due to
33.14fraud; and
33.15    (10) refugees and asylees as defined in Code of Federal Regulations, title 45, chapter
33.16IV part 400, subpart d, section 444.43 400.43, who arrived in the United States in the 12
33.17months prior to the date of application for family cash assistance.
33.18    (b) A two-parent family must participate in DWP unless both caregivers meet the
33.19criteria for an exception under paragraph (a), clauses (1) through (5), or the family unit
33.20includes a parent who meets the criteria in paragraph (a), clause (6), (7), (8), or (9), or (10).
33.21    (c) Once DWP eligibility is determined, the four months run consecutively. If a
33.22participant leaves the program for any reason and reapplies during the four-month period,
33.23the county must redetermine eligibility for DWP.

33.24ARTICLE 5

33.25MISCELLANEOUS TECHNICAL

33.26    Section 1. Minnesota Statutes 2007 Supplement, section 245C.08, subdivision 2, is
33.27amended to read:
33.28    Subd. 2. Background studies conducted by a county agency. (a) For a background
33.29study conducted by a county agency for adult foster care, family adult day services, and
33.30family child care services, the commissioner shall review:
33.31    (1) information from the county agency's record of substantiated maltreatment
33.32of adults and the maltreatment of minors;
33.33    (2) information from juvenile courts as required in subdivision 4 for individuals
33.34listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and
33.35    (3) information from the Bureau of Criminal Apprehension.
34.1    (b) If the individual has resided in the county for less than five years, the study shall
34.2include the records specified under paragraph (a) for the previous county or counties of
34.3residence for the past five years.
34.4    (c) Notwithstanding expungement by a court, the county agency may consider
34.5information obtained under paragraph (a), clauses clause (3) and (4), unless the
34.6commissioner received notice of the petition for expungement and the court order for
34.7expungement is directed specifically to the commissioner.

34.8    Sec. 2. Minnesota Statutes 2007 Supplement, section 256E.35, subdivision 2, is
34.9amended to read:
34.10    Subd. 2. Definitions. (a) The definitions in this subdivision apply to this section.
34.11    (b) "Family asset account" means a savings account opened by a household
34.12participating in the Minnesota family assets for independence initiative.
34.13    (c) "Fiduciary organization" means:
34.14    (1) a community action agency that has obtained recognition under section 256E.31;
34.15    (2) a federal community development credit union serving the seven-county
34.16metropolitan area; or
34.17    (3) a women-oriented economic development agency serving the seven-county
34.18metropolitan area.
34.19    (d) "Financial institution" means a bank, bank and trust, savings bank, savings
34.20association, or credit union, the deposits of which are insured by the Federal Deposit
34.21Insurance Corporation or the National Credit Union Administration.
34.22    (e) "Permissible use" means:
34.23    (1) postsecondary educational expenses at an accredited public postsecondary
34.24eligible educational institution as defined in paragraph (g), including books, supplies, and
34.25equipment required for courses of instruction;
34.26    (2) acquisition costs of acquiring, constructing, or reconstructing a residence,
34.27including any usual or reasonable settlement, financing, or other closing costs;
34.28    (3) business capitalization expenses for expenditures on capital, plant, equipment,
34.29working capital, and inventory expenses of a legitimate business pursuant to a business
34.30plan approved by the fiduciary organization; and
34.31    (4) acquisition costs of a principal residence within the meaning of section 1034 of
34.32the Internal Revenue Code of 1986 which do not exceed 100 percent of the average area
34.33purchase price applicable to the residence determined according to section 143(e)(2) and
34.34(3) of the Internal Revenue Code of 1986.
35.1    (f) "Household" means all individuals who share use of a dwelling unit as primary
35.2quarters for living and eating separate from other individuals.
35.3    (g) "Eligible educational institution" means the following:
35.4    (1) an institution of higher education described in section 101 or 102 of the Higher
35.5Education Act of 1965; or
35.6    (2) an area vocational education school, as defined in subparagraph (C) or (D) of
35.7United States Code, title 20, chapter 44, section 2302 (3) (the Carl D. Perkins Vocational
35.8and Applied Technology Education Act), which is located within any state, as defined in
35.9United States Code, title 20, chapter 44, section 2302 (30). This clause is applicable only
35.10to the extent section 2302 is in effect on the effective date of this section.

35.11    Sec. 3. Laws 2007, chapter 147, article 2, section 21, the effective date, is amended to
35.12read:
35.13EFFECTIVE DATE.Subdivision 1 is effective February 1, 2008, and subdivision
35.142 is effective May 1, 2008 March 1, 2009.

35.15    Sec. 4. REPEALER.
35.16Minnesota Statutes 2006, section 256K.25, is repealed.

35.17ARTICLE 6

35.18CHILD WELFARE

35.19    Section 1. Minnesota Statutes 2006, section 259.20, subdivision 1, is amended to read:
35.20    Subdivision 1. Policy and purpose. The policy of the state of Minnesota and the
35.21purpose of sections 259.20 to 259.69 is to ensure:
35.22    (1) that the best interests of children adopted persons are met in the planning and
35.23granting of adoptions; and
35.24    (2) that laws and practices governing adoption recognize the diversity of Minnesota's
35.25population and the diverse needs of persons affected by adoption.

35.26    Sec. 2. Minnesota Statutes 2006, section 259.21, is amended by adding a subdivision
35.27to read:
35.28    Subd. 2a. Adult adoption. "Adult adoption" means the adoption of a person
35.29at least 18 years of age.

35.30    Sec. 3. Minnesota Statutes 2006, section 259.22, subdivision 2, is amended to read:
36.1    Subd. 2. Children Persons who may be adopted. No petition for adoption shall be
36.2filed unless the child person sought to be adopted has been placed by the commissioner
36.3of human services, the commissioner's agent, or a licensed child-placing agency. The
36.4provisions of this subdivision shall not apply if
36.5    (a) the child person to be adopted is over 14 years of age;
36.6    (b) the child is sought to be adopted by an individual who is related to the child, as
36.7defined by section 245A.02, subdivision 13;
36.8    (c) the child has been lawfully placed under the laws of another state while the child
36.9and petitioner resided in that other state;
36.10    (d) the court waives the requirement of this subdivision in the best interests of the
36.11child or petitioners, provided that the adoption does not involve a placement as defined in
36.12section 259.21, subdivision 8; or
36.13    (e) the child has been lawfully placed under section 259.47.

36.14    Sec. 4. Minnesota Statutes 2006, section 259.23, subdivision 2, is amended to read:
36.15    Subd. 2. Contents of petition. The petition shall be signed by the petitioner and, if
36.16married, by the spouse. It shall be verified, and filed in duplicate. The petition shall allege:
36.17    (a) The full name, age and place of residence of petitioner, and if married, the date
36.18and place of marriage;
36.19    (b) The date petitioner acquired physical custody of the child and from what person
36.20or agency;
36.21    (c) The date of birth of the child person to be adopted, if known, and the state and
36.22county where born;
36.23    (d) The name of the child's parents, if known, and the guardian if there be one;
36.24    (e) The actual name of the child person to be adopted, if known, and any known
36.25aliases;
36.26    (f) The name to be given the child person to be adopted if a change of name is
36.27desired;
36.28    (g) The description and value of any real or personal property owned by the child
36.29person to be adopted;
36.30    (h) That the petitioner desires that the relationship of parent and child be established
36.31between petitioner and the child, and that it is to the the person to be adopted and that
36.32adoption is in the best interests of the child for the child person to be adopted by the
36.33petitioner.
37.1    In agency placements, the information required in clauses (d) and (e) shall not
37.2be required to be alleged in the petition but shall be transmitted to the court by the
37.3commissioner of human services or the agency.

37.4    Sec. 5. [259.241] ADULT ADOPTION.
37.5    (a) Any adult person may be adopted, regardless of his or her residence. A resident
37.6of Minnesota may petition the court of record having jurisdiction of adoption proceedings
37.7to adopt an individual who has reached the age of 18 years or older.
37.8    (b) The consent of the person to be adopted shall be the only consent necessary,
37.9according to section 259.24. The consent of an adult in his or her own adoption is invalid
37.10if the adult is considered to be a vulnerable adult under section 626.5572, subdivision 21,
37.11or if the person consenting to the adoption is determined not competent to give consent.
37.12    (c) The decree of adoption establishes a parent-child relationship between the
37.13adopting parent or parents and the person adopted, including the right to inherit, and also
37.14terminates the parental rights and sibling relationship between the adopted person and the
37.15adopted person's birth parents and siblings according to section 259.59.
37.16    (d) If the adopted person requests a change of name, the adoption decree shall
37.17order the name change.

37.18    Sec. 6. Minnesota Statutes 2007 Supplement, section 259.41, subdivision 1, is
37.19amended to read:
37.20    Subdivision 1. Study required before placement; certain relatives excepted. (a)
37.21An approved adoption study; completed background study, as required under section
37.22245C.33 ; and written report must be completed before the child is placed in a prospective
37.23adoptive home under this chapter, except as allowed by section 259.47, subdivision 6.
37.24In an agency placement, the report must be filed with the court at the time the adoption
37.25petition is filed. In a direct adoptive placement, the report must be filed with the court in
37.26support of a motion for temporary preadoptive custody under section 259.47, subdivision
37.273 , or, if the study and report are complete, in support of an emergency order under section
37.28259.47, subdivision 6 . The study and report shall be completed by a licensed child-placing
37.29agency and must be thorough and comprehensive. The study and report shall be paid for
37.30by the prospective adoptive parent, except as otherwise required under section 256.01,
37.31subdivision 2, paragraph (h), 259.67 , or 259.73.
37.32    (b) A placement for adoption with an individual who is related to the child, as
37.33defined by section 245A.02, subdivision 13, is not subject to this section except as a
37.34background study required by sections 245C.33 and 259.53, subdivision 2, paragraph (c)
38.1by subdivision 2, paragraph (a), clause (1), items (i) and (ii), and subdivision 3. In the
38.2case of a stepparent adoption, a background study must be completed on the stepparent
38.3and any children as required under subdivision 3, paragraph (b), except that a child of
38.4the stepparent does not need to have a background study complete if they are a sibling
38.5through birth or adoption of the person being adopted. The local social services agency
38.6of the county in which the prospective adoptive parent lives must initiate a background
38.7study unless a child-placing agency has been involved with the adoption. The local social
38.8service agency may charge a reasonable fee for the background study. If a placement is
38.9being made the background study must be completed prior to placement pursuant to
38.10section 259.29, subdivision 1, paragraph (c). Background study results must be filed with
38.11the adoption petition according to section 259.22, except in an adult adoption where an
38.12adoption study and background study are not needed.
38.13    (c) In the case of a licensed foster parent seeking to adopt a child who is in the foster
38.14parent's care, any portions of the foster care licensing process that duplicate requirements
38.15of the home study may be submitted in satisfaction of the relevant requirements of this
38.16section.

38.17    Sec. 7. Minnesota Statutes 2006, section 259.43, is amended to read:
38.18259.43 BIRTH PARENT HISTORY; COMMISSIONER'S FORM.
38.19    In any adoption under this chapter, except a stepparent or an adult adoption under
38.20section 259.241, a birth parent or an agency, if an agency placement, shall provide a
38.21prospective adoptive parent with a complete, thorough, detailed, and current social and
38.22medical history of the birth families child being adopted, if information is known after
38.23reasonable inquiry. Each birth family child's social and medical history must be provided
38.24on a form or forms prepared by the commissioner and must include background and health
38.25history specific to the child, the child's birth parents, and the child's other birth relatives.
38.26Applicable background and health information about the child includes: the child's current
38.27health condition, behavior, and demeanor; placement history; education history; sibling
38.28information; and birth, medical, dental, and immunization information. Redacted copies of
38.29pertinent records, assessments, and evaluations shall be attached to the child's social and
38.30medical history. Applicable background information about the child's birth parents and
38.31other birth relatives includes: general background information; education and employment
38.32history; physical health and mental health history; and reasons for the child's placement.
38.33The child's social and medical history shall be completed in a manner so that the completed
38.34form protects the identities of all individuals described in it. The commissioner shall make
38.35the form available to agencies and court administrators for public distribution. The birth
39.1family child's social and medical history must be provided to the prospective adoptive
39.2family prior to adoptive placement, provided to the Department of Human Services
39.3with application for adoption assistance, if applicable, and filed with the court when the
39.4adoption petition is filed, or,. In a direct adoptive placement, the child's social and medical
39.5history must be filed with the court with the motion for temporary preadoptive custody.

39.6    Sec. 8. Minnesota Statutes 2006, section 259.52, subdivision 2, is amended to read:
39.7    Subd. 2. Requirement to search registry before adoption petition can be
39.8granted; proof of search. No petition for adoption may be granted unless the agency
39.9supervising the adoptive placement, the birth mother of the child, or, in the case of a
39.10stepparent or relative adoption, the county agency responsible for the report required
39.11under section 259.53, subdivision 1, requests that the commissioner of health search the
39.12registry to determine whether a putative father is registered in relation to a child who is
39.13or may be the subject of an adoption petition. The search required by this subdivision
39.14must be conducted no sooner than 31 days following the birth of the child. A search
39.15of the registry may be proven by the production of a certified copy of the registration
39.16form or by a certified statement of the commissioner of health that after a search no
39.17registration of a putative father in relation to a child who is or may be the subject of
39.18an adoption petition could be located. The filing of a certified copy of an order from a
39.19juvenile protection matter under chapter 260C containing a finding that certification of the
39.20requisite search of the Minnesota Fathers' Adoption Registry was filed with the court in
39.21that matter shall also constitute proof of search. Certification that the fathers' adoption
39.22registry has been searched must be filed with the court prior to entry of any final order of
39.23adoption. In addition to the search required by this subdivision, the agency supervising
39.24the adoptive placement, the birth mother of the child, or, in the case of a stepparent or
39.25relative adoption, the county social services agency responsible for the report under
39.26section 259.53, subdivision 1, or the responsible social services agency that is a petitioner
39.27in a juvenile protection matter under chapter 260C may request that the commissioner
39.28of health search the registry at any time.

39.29    Sec. 9. Minnesota Statutes 2006, section 259.53, subdivision 3, is amended to read:
39.30    Subd. 3. Reports and records. (a) The contents of all reports and records of the
39.31commissioner of human services, local social services agency, or child-placing agency
39.32bearing on the suitability of the proposed adoptive home and the child to each other shall
39.33not be disclosed either directly or indirectly to any person other than the commissioner of
39.34human services, the child's guardian ad litem appointed under: (1) section 260C.163 when
40.1the guardian's appointment continues under section 260C.317, subdivision 3, paragraph
40.2(b); or (2) section 259.65, or a judge of the court having jurisdiction of the matter, except
40.3as provided in paragraph (b).
40.4    (b) A judge of the court having jurisdiction of the matter shall upon request disclose
40.5to a party to the proceedings or the party's counsel any portion of a report or record that
40.6relates only to the suitability of the proposed adoptive parents. In this disclosure, the judge
40.7may withhold the identity of individuals providing information in the report or record.
40.8When the judge is considering whether to disclose the identity of individuals providing
40.9information, the agency with custody of the report or record shall be permitted to present
40.10reasons for or against disclosure.

40.11    Sec. 10. Minnesota Statutes 2007 Supplement, section 259.57, subdivision 1, is
40.12amended to read:
40.13    Subdivision 1. Findings; orders. Upon the hearing,
40.14    (a) if the court finds that it is in the best interests of the child person to be adopted
40.15that the petition be granted, a decree of adoption shall be made and recorded in the office
40.16of the court administrator, ordering that henceforth the child person to be adopted shall
40.17be the child of the petitioner. In the decree the court may change the name of the child
40.18adopted person if desired. After the decree is granted for a child an adopted person who is:
40.19    (1) under the guardianship of the commissioner or a licensed child-placing agency
40.20according to section 260C.201, subdivision 11, or 260C.317;
40.21    (2) placed by the commissioner, commissioner's agent, or licensed child-placing
40.22agency after a consent to adopt according to section 259.24 or under an agreement
40.23conferring authority to place for adoption according to section 259.25; or
40.24    (3) adopted after a direct adoptive placement ordered by the district court under
40.25section 259.47,
40.26the court administrator shall immediately mail a copy of the recorded decree to the
40.27commissioner of human services;
40.28    (b) if the court is not satisfied that the proposed adoption is in the best interests of
40.29the child person to be adopted, the court shall deny the petition, and in the case of a child
40.30shall order the child returned to the custody of the person or agency legally vested with
40.31permanent custody or certify the case for appropriate action and disposition to the court
40.32having jurisdiction to determine the custody and guardianship of the child.

40.33    Sec. 11. Minnesota Statutes 2006, section 259.59, subdivision 1, is amended to read:
41.1    Subdivision 1. Legal effect. Upon adoption, the child adopted person shall become
41.2the legal child of the adopting persons and they shall become the legal parents of the child
41.3with all the rights and duties between them of birth parents and legitimate child. By virtue
41.4of the adoption the child adopted person shall inherit from the adoptive parents or their
41.5relatives the same as though the child adopted person were the natural child of the parents,
41.6and in case of the child's adopted person's death intestate the adoptive parents and their
41.7relatives shall inherit the child's adopted person's estate as if they the adopted person had
41.8been the child's birth parents and relatives. After a decree of adoption is entered the birth
41.9parents of an adopted child person shall be relieved of all parental responsibilities for the
41.10child adopted person, and they shall not exercise or have any rights over the adopted
41.11child person or the child's adopted person's property. The child adopted person shall not
41.12owe the birth parents or their relatives any legal duty nor shall the child adopted person
41.13inherit from the birth parents or kindred, except as provided in subdivision 1a and section
41.14257C.08, subdivision 6 .

41.15    Sec. 12. Minnesota Statutes 2006, section 259.59, subdivision 2, is amended to read:
41.16    Subd. 2. Enrollment in American Indian tribe. Notwithstanding the provisions of
41.17subdivision 1, the adoption of a child person whose birth parent or parents are enrolled in
41.18an American Indian tribe shall not change the child's person's enrollment in that tribe.

41.19    Sec. 13. Minnesota Statutes 2006, section 259.67, subdivision 2, is amended to read:
41.20    Subd. 2. Adoption assistance agreement. The placing agency shall certify a child
41.21as eligible for adoption assistance according to rules promulgated by the commissioner.
41.22The placing agency shall not certify a child who remains under the jurisdiction of the
41.23sending agency pursuant to section 260.851, article 5, for state-funded adoption assistance
41.24when Minnesota is the receiving state. Not later than 30 days after a parent or parents are
41.25found and approved for adoptive placement of a child certified as eligible for adoption
41.26assistance, and before the final decree of adoption is issued, a written agreement must be
41.27entered into by the commissioner, the adoptive parent or parents, and the placing agency.
41.28The written agreement must be fully completed by the placing agency and in the form
41.29prescribed by the commissioner and must set forth the responsibilities of all parties, the
41.30anticipated duration of the adoption assistance payments, and the payment terms. The
41.31adoption assistance agreement shall be subject to the commissioner's approval, which
41.32must be granted or denied not later than 15 days after the agreement is entered.
41.33    The amount of adoption assistance is subject to the availability of state and federal
41.34funds and shall be determined through agreement with the adoptive parents. The
42.1agreement shall take into consideration the circumstances of the adopting parent or
42.2parents, the needs of the child being adopted and may provide ongoing monthly assistance,
42.3supplemental maintenance expenses related to the adopted person's child's special needs,
42.4nonmedical expenses periodically necessary for purchase of services, items, or equipment
42.5related to the special needs, and medical expenses. The placing agency or the adoptive
42.6parent or parents shall provide written documentation to support the need for adoption
42.7assistance payments. The commissioner may require periodic reevaluation of adoption
42.8assistance payments. The amount of ongoing monthly adoption assistance granted may
42.9in no case exceed that which would be allowable for the child under foster family care
42.10and is subject to the availability of state and federal funds.

42.11    Sec. 14. Minnesota Statutes 2006, section 259.67, subdivision 3, is amended to read:
42.12    Subd. 3. Annual affidavit Modification or termination of the adoption assistance
42.13agreement. When adoption assistance agreements are for more than one year, the adoptive
42.14parents or guardian or conservator shall annually present an affidavit stating whether the
42.15adopted person remains under their care and whether the need for adoption assistance
42.16continues to exist. The commissioner may verify the affidavit. The adoption assistance
42.17agreement shall continue in accordance with its terms as long as the need for adoption
42.18assistance continues and the adopted person child is the legal or financial dependent of the
42.19adoptive parent or parents or guardian or conservator and is under 18 years of age. The
42.20adoption assistance agreement may be extended to age 22 as allowed by rules adopted
42.21by the commissioner. Termination or modification of the adoption assistance agreement
42.22may be requested by the adoptive parents or subsequent guardian or conservator at any
42.23time. When the commissioner determines that a child is eligible for adoption assistance
42.24under Title IV-E of the Social Security Act, United States Code, title 42, sections 670 to
42.25679a, the commissioner shall modify the adoption assistance agreement in order to obtain
42.26the funds under that act.

42.27    Sec. 15. Minnesota Statutes 2006, section 259.67, is amended by adding a subdivision
42.28to read:
42.29    Subd. 3a. Recovery of overpayments. An amount of adoption assistance paid to
42.30an adoptive parent in excess of the payment due is recoverable by the commissioner,
42.31even when the overpayment was caused by agency error or circumstances outside the
42.32responsibility and control of the family or provider. Adoption assistance amounts covered
42.33by this subdivision include basic maintenance needs payments, monthly supplemental
43.1maintenance needs payments, reimbursement of nonrecurring adoption expenses,
43.2reimbursement of special nonmedical costs, and reimbursement of medical costs.

43.3    Sec. 16. Minnesota Statutes 2007 Supplement, section 259.67, subdivision 4, is
43.4amended to read:
43.5    Subd. 4. Eligibility conditions. (a) The placing agency shall use the AFDC
43.6requirements as specified in federal law as of July 16, 1996, when determining the child's
43.7eligibility for adoption assistance under title IV-E of the Social Security Act. If the child
43.8does not qualify, the placing agency shall certify a child as eligible for state funded
43.9adoption assistance only if the following criteria are met:
43.10    (1) Due to the child's characteristics or circumstances it would be difficult to provide
43.11the child an adoptive home without adoption assistance.
43.12    (2)(i) A placement agency has made reasonable efforts to place the child for adoption
43.13without adoption assistance, but has been unsuccessful; or
43.14    (ii) the child's licensed foster parents desire to adopt the child and it is determined by
43.15the placing agency that the adoption is in the best interest of the child; or
43.16    (iii) the child's relative, as defined in section 260C.007, subdivision 27, desires to
43.17adopt the child, and it is determined by the placing agency that the adoption is in the
43.18best interest of the child.
43.19    (3)(i) The child has been is a ward of the commissioner, a Minnesota-licensed
43.20child-placing agency, or a tribal social service agency of Minnesota recognized by the
43.21Secretary of the Interior; or (ii) the child will be adopted according to tribal law without a
43.22termination of parental rights or relinquishment, provided that the tribe has documented
43.23the valid reason why the child cannot or should not be returned to the home of the child's
43.24parent. The placing agency shall not certify a child who remains under the jurisdiction
43.25of the sending agency pursuant to section 260.851, article 5, for state-funded adoption
43.26assistance when Minnesota is the receiving state. A child who is adopted by the child's
43.27legal custodian or guardian shall not be eligible for state-funded adoption assistance.
43.28    (b) For purposes of this subdivision, The characteristics or circumstances that may be
43.29considered in determining whether a child is a child with special needs under United States
43.30Code, title 42, chapter 7, subchapter IV, part E, or meets the requirements of paragraph (a),
43.31clause (1), or section 473(c)(2)(A) of the Social Security Act, are the following:
43.32    (1) The child is a member of a sibling group to be placed as one unit in which at
43.33least one sibling is older than 15 months of age or is described in clause (2) or (3).
43.34    (2) The child has documented physical, mental, emotional, or behavioral disabilities.
44.1    (3) The child has a high risk of developing physical, mental, emotional, or behavioral
44.2disabilities.
44.3    (4) The child is five years of age or older.
44.4    (c) When a child's eligibility for adoption assistance is based upon the high risk of
44.5developing physical, mental, emotional, or behavioral disabilities, payments shall not be
44.6made under the adoption assistance agreement unless and until the potential disability
44.7manifests itself as documented by an appropriate health care professional.

44.8    Sec. 17. Minnesota Statutes 2006, section 259.75, subdivision 5, is amended to read:
44.9    Subd. 5. Withdrawal of registration. A child's registration shall be withdrawn
44.10when the exchange service has been notified in writing by the local social service agency
44.11and or the licensed child-placing agency that the child has been adopted, has become 14
44.12years old and will not consent to an adoption plan, placed in an adoptive home or has died.

44.13    Sec. 18. Minnesota Statutes 2006, section 259.89, subdivision 1, is amended to read:
44.14    Subdivision 1. Request. An adopted person who is 19 years of age or over may
44.15request the commissioner of health to disclose the information on the adopted person's
44.16original birth record. The commissioner of health shall, within five days of receipt of
44.17the request, notify the commissioner of human services services' agent or licensed
44.18child-placing agency when known, or the commissioner of human services when the
44.19agency is not known in writing of the request by the adopted person.

44.20    Sec. 19. Minnesota Statutes 2006, section 259.89, subdivision 2, is amended to read:
44.21    Subd. 2. Search. Within six months after receiving notice of the request of
44.22the adopted person, the commissioner of human services services' agent or a licensed
44.23child-placing agency shall make complete and reasonable efforts to notify each parent
44.24identified on the original birth record of the adopted person. The commissioner, the
44.25commissioner's agents, and licensed child-placing agencies may charge a reasonable
44.26fee to the adopted person for the cost of making a search pursuant to this subdivision.
44.27Every licensed child-placing agency in the state shall cooperate with the commissioner of
44.28human services in efforts to notify an identified parent. All communications under this
44.29subdivision are confidential pursuant to section 13.02, subdivision 3.
44.30    For purposes of this subdivision, "notify" means a personal and confidential contact
44.31with the birth parents named on the original birth record of the adopted person. The
44.32contact shall not be by mail and shall be by an employee or agent of the licensed
44.33child-placing agency which processed the pertinent adoption or some other licensed
45.1child-placing agency designated by the commissioner of human services when it is
45.2determined to be reasonable by the commissioner; otherwise contact shall be by mail or
45.3telephone. The contact shall be evidenced by filing with the commissioner of health an
45.4affidavit of notification executed by the person who notified each parent certifying that
45.5each parent was given the following information:
45.6    (a) (1) the nature of the information requested by the adopted person;
45.7    (b) (2) the date of the request of the adopted person;
45.8    (c) (3) the right of the parent to file, within 30 days of receipt of the notice, an
45.9affidavit with the commissioner of health stating that the information on the original birth
45.10record should not be disclosed;
45.11    (d) (4) the right of the parent to file a consent to disclosure with the commissioner
45.12of health at any time; and
45.13    (e) (5) the effect of a failure of the parent to file either a consent to disclosure or an
45.14affidavit stating that the information on the original birth record should not be disclosed.

45.15    Sec. 20. Minnesota Statutes 2006, section 259.89, subdivision 4, is amended to read:
45.16    Subd. 4. Release of information after notice. If, within six months, the
45.17commissioner of human services certifies services' agent or licensed child-placing agency
45.18document to the commissioner of health notification of each parent identified on the
45.19original birth record pursuant to subdivision 2, the commissioner of health shall disclose
45.20the information requested by the adopted person 31 days after the date of the latest notice
45.21to either parent. This disclosure will occur if, at any time during the 31 days both of
45.22the parents identified on the original birth record have filed a consent to disclosure with
45.23the commissioner of health and neither consent to disclosure has been revoked by the
45.24subsequent filing by a parent of an affidavit stating that the information should not be
45.25disclosed. If only one parent has filed a consent to disclosure and the consent has not been
45.26revoked, the commissioner of health shall disclose, to the adopted person, original birth
45.27record information on the consenting parent only.

45.28    Sec. 21. Minnesota Statutes 2006, section 259.89, is amended by adding a subdivision
45.29to read:
45.30    Subd. 7. Adult adoptions. Notwithstanding section 144.218, a person adopted
45.31as an adult shall be permitted to access the person's birth records that existed prior to
45.32the adult adoption. Access to the existing birth records shall be the same access that
45.33was permitted prior to the adult adoption.

46.1    Sec. 22. Minnesota Statutes 2006, section 260.835, subdivision 2, is amended to read:
46.2    Subd. 2. Expiration. Notwithstanding section 15.059, subdivision 5, the American
46.3Indian Child Welfare Advisory Council expires June 30, 2008 2012.

46.4    Sec. 23. [260.853] INTERSTATE COMPACT FOR THE PLACEMENT OF
46.5CHILDREN.

46.6ARTICLE I. PURPOSE

46.7    The purpose of this Interstate Compact for the Placement of Children is to:
46.8    A. Provide a process through which children subject to this compact are placed in
46.9safe and suitable homes in a timely manner.
46.10    B. Facilitate ongoing supervision of a placement, the delivery of services, and
46.11communication between the states.
46.12    C. Provide operating procedures that will ensure that children are placed in safe and
46.13suitable homes in a timely manner.
46.14    D. Provide for the promulgation and enforcement of administrative rules
46.15implementing the provisions of this compact and regulating the covered activities of
46.16the member states.
46.17    E. Provide for uniform data collection and information sharing between member
46.18states under this compact.
46.19    F. Promote coordination between this compact, the Interstate Compact for Juveniles,
46.20the Interstate Compact on Adoption and Medical Assistance and other compacts affecting
46.21the placement of and which provide services to children otherwise subject to this compact.
46.22    G. Provide for a state's continuing legal jurisdiction and responsibility for placement
46.23and care of a child that it would have had if the placement were intrastate.
46.24    H. Provide for the promulgation of guidelines, in collaboration with Indian tribes,
46.25for interstate cases involving Indian children as is or may be permitted by federal law.

46.26ARTICLE II. DEFINITIONS

46.27    As used in this compact,
46.28    A. "Approved placement" means the public child-placing agency in the receiving
46.29state has determined that the placement is both safe and suitable for the child.
46.30    B. "Assessment" means an evaluation of a prospective placement by a public
46.31child-placing agency to determine whether the placement meets the individualized needs
46.32of the child, including but not limited to the child's safety and stability, health and
46.33well-being, and mental, emotional, and physical development. An assessment is only
46.34applicable to a placement by a public child-placing agency.
46.35    C. "Child" means an individual who has not attained the age of eighteen (18).
47.1    D. "Certification" means to attest, declare, or be sworn to before a judge or notary
47.2public.
47.3    E. "Default" means the failure of a member state to perform the obligations or
47.4responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate
47.5Commission.
47.6    F. "Home Study" means an evaluation of a home environment conducted according
47.7to the applicable requirements of the state in which the home is located, and documents
47.8the preparation and the suitability of the placement resource for placement of a child
47.9according to the laws and requirements of the state in which the home is located.
47.10    G. "Indian tribe" means any Indian tribe, band, nation, or other organized group
47.11or community of Indians recognized as eligible for services provided to Indians by the
47.12Secretary of the Interior because of their status as Indians, including any Alaskan native
47.13village as defined in section 3 (c) of the Alaska Native Claims settlement Act at 43 USC
47.14��1602(c).
47.15    H. "Interstate Commission for the Placement of Children" means the commission
47.16that is created under Article VIII of this compact and which is generally referred to as the
47.17Interstate Commission.
47.18    I. "Jurisdiction" means the power and authority of a court to hear and decide matters.
47.19    J. "Legal Risk Placement" ("Legal Risk Adoption") means a placement made
47.20preliminary to an adoption where the prospective adoptive parents acknowledge in writing
47.21that a child can be ordered returned to the sending state or the birth mother's state of
47.22residence, if different from the sending state and a final decree of adoption shall not be
47.23entered in any jurisdiction until all required consents are obtained or are dispensed with
47.24according to applicable law.
47.25    K. "Member state" means a state that has enacted this compact.
47.26    L. "Noncustodial parent" means a person who, at the time of the commencement
47.27of court proceedings in the sending state, does not have sole legal custody of the child
47.28or has joint legal custody of a child, and who is not the subject of allegations or findings
47.29of child abuse or neglect.
47.30    M. "Nonmember state" means a state which has not enacted this compact.
47.31    N. "Notice of residential placement" means information regarding a placement
47.32into a residential facility provided to the receiving state including, but not limited to the
47.33name, date and place of birth of the child, the identity and address of the parent or legal
47.34guardian, evidence of authority to make the placement, and the name and address of
47.35the facility in which the child will be placed. Notice of residential placement shall also
47.36include information regarding a discharge and any unauthorized absence from the facility.
48.1    O. "Placement" means the act by a public or private child-placing agency intended
48.2to arrange for the care or custody of a child in another state.
48.3    P. "Private child-placing agency" means any private corporation, agency, foundation,
48.4institution, or charitable organization, or any private person or attorney that facilitates,
48.5causes, or is involved in the placement of a child from one state to another and that is not
48.6an instrumentality of the state or acting under color of state law.
48.7    Q. "Provisional placement" means a determination made by the public child-placing
48.8agency in the receiving state that the proposed placement is safe and suitable, and, to the
48.9extent allowable, the receiving state has temporarily waived its standards or requirements
48.10otherwise applicable to prospective foster or adoptive parents so as to not delay the
48.11placement. Completion of an assessment and the receiving state requirements regarding
48.12training for prospective foster or adoptive parents shall not delay an otherwise safe and
48.13suitable placement.
48.14    R. "Public child-placing agency" means any government child welfare agency or
48.15child protection agency or a private entity under contract with such an agency, regardless
48.16of whether they act on behalf of a state, county, municipality, or other governmental
48.17unit and which facilitates, causes, or is involved in the placement of a child from one
48.18state to another.
48.19    S. "Receiving state" means the state to which a child is sent, brought, or caused to
48.20be sent or brought.
48.21    T. "Relative" means someone who is related to the child as a parent, step-parent,
48.22sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a
48.23non-relative with such significant ties to the child that they may be regarded as relatives as
48.24determined by the court in the sending state.
48.25    U. "Residential Facility" means a facility providing a level of care that is sufficient
48.26to substitute for parental responsibility or foster care, and is beyond what is needed for
48.27assessment or treatment of an acute condition. For purposes of the compact, residential
48.28facilities do not include institutions primarily educational in character, hospitals, or other
48.29medical facilities.
48.30    V. "Rule" means a written directive, mandate, standard, or principle issued by the
48.31Interstate Commission promulgated pursuant to Article XI of this compact that is of
48.32general applicability and that implements, interprets, or prescribes a policy or provision of
48.33the compact. Rule has the force and effect of an administrative rule in a member state, and
48.34includes the amendment, repeal, or suspension of an existing rule.
48.35    W. "Sending state" means the state from which the placement of a child is initiated.
49.1    X. "Service member's permanent duty station" means the military installation where
49.2an active duty Armed Services member is currently assigned and is physically located
49.3under competent orders that do not specify the duty as temporary.
49.4    Y. "Service member's state of legal residence" means the state in which the active
49.5duty Armed Services member is considered a resident for tax and voting purposes.
49.6    Z. "State" means a state of the United States, the District of Columbia, the
49.7Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the
49.8Northern Marianas Islands, and any other territory of the United States.
49.9    AA. "State court" means a judicial body of a state that is vested by law with
49.10responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or
49.11status offenses of individuals who have not attained the age of eighteen (18).
49.12    BB. "Supervision" means monitoring provided by the receiving state once a child
49.13has been placed in a receiving state pursuant to this compact.

49.14ARTICLE III. APPLICABILITY

49.15    A. Except as otherwise provided in Article III, Section B, this compact shall apply to:
49.16    1. The interstate placement of a child subject to ongoing court jurisdiction in the
49.17sending state, due to allegations or findings that the child has been abused, neglected, or
49.18deprived as defined by the laws of the sending state, provided, however, that the placement
49.19of such a child into a residential facility shall only require notice of residential placement
49.20to the receiving state prior to placement.
49.21    2. The interstate placement of a child adjudicated delinquent or unmanageable
49.22based on the laws of the sending state and subject to ongoing court jurisdiction of the
49.23sending state if:
49.24    a. the child is being placed in a residential facility in another member state and
49.25is not covered under another compact; or
49.26    b. the child is being placed in another member state and the determination of safety
49.27and suitability of the placement and services required is not provided through another
49.28compact.
49.29    3. The interstate placement of any child by a public child-placing agency or private
49.30child-placing agency as defined in this compact as a preliminary step to a possible
49.31adoption.
49.32    B. The provisions of this compact shall not apply to:
49.33    1. The interstate placement of a child in a custody proceeding in which a public
49.34child placing agency is not a party, provided the placement is not intended to effectuate an
49.35adoption.
50.1    2. The interstate placement of a child with a non-relative in a receiving state by a
50.2parent with the legal authority to make such a placement provided, however, that the
50.3placement is not intended to effectuate an adoption.
50.4    3. The interstate placement of a child by one relative with the lawful authority to
50.5make such a placement directly with a relative in a receiving state.
50.6    4. The placement of a child, not subject to Article III, Section A, into a residential
50.7facility by his parent.
50.8    5. The placement of a child with a noncustodial parent provided that:
50.9    a. The noncustodial parent proves to the satisfaction of a court in the sending state a
50.10substantial relationship with the child; and
50.11    b. The court in the sending state makes a written finding that placement with the
50.12non-custodial parent is in the best interests of the child; and
50.13    c. The court in the sending state dismisses its jurisdiction over the child's case.
50.14    6. A child entering the United States from a foreign country for the purpose of
50.15adoption or leaving the United States to go to a foreign country for the purpose of
50.16adoption in that country.
50.17    7. Cases in which a U.S. citizen child living overseas with his family, at least one
50.18of whom is in the U.S. Armed Services, and who is stationed overseas, is removed and
50.19placed in a state.
50.20    8. The sending of a child by a public child-placing agency or a private child-placing
50.21agency for a visit as defined by the rules of the Interstate Commission.
50.22    C. For purposes of determining the applicability of this compact to the placement of
50.23a child with a family in the Armed Services, the public child-placing agency or private
50.24child-placing agency may choose the state of the service member's permanent duty station
50.25or the service member's declared legal residence.
50.26    D. Nothing in this compact shall be construed to prohibit the concurrent application
50.27of the provisions of this compact with other applicable interstate compacts including the
50.28Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical
50.29Assistance. The Interstate Commission may in cooperation with other interstate compact
50.30commissions having responsibility for the interstate movement, placement, or transfer of
50.31children, promulgate like rules to ensure the coordination of services, timely placement
50.32of children, and the reduction of unnecessary or duplicative administrative or procedural
50.33requirements.

50.34ARTICLE IV. JURISDICTION

50.35    A. Except as provided in Article IV, Section G, concerning private and independent
50.36adoptions and in interstate placements in which the public child placing agency is not a
51.1party to a custody proceeding, the sending state shall retain jurisdiction over a child with
51.2respect to all matters of custody and disposition of the child which it would have had if the
51.3child had remained in the sending state. Such jurisdiction shall also include the power to
51.4order the return of the child to the sending state.
51.5    B. When an issue of child protection or custody is brought before a court in the
51.6receiving state, such court shall confer with the court of the sending state to determine the
51.7most appropriate forum for adjudication.
51.8    C. In accordance with its own laws, the court in the sending state shall have authority
51.9to terminate its jurisdiction if:
51.10    1. The child is reunified with the parent in the receiving state who is the subject
51.11of allegations or findings of abuse or neglect, only with the concurrence of the public
51.12child-placing agency in the receiving state; or
51.13    2. The child is adopted;
51.14    3. The child reaches the age of majority under the laws of the sending state; or
51.15    4. The child achieves legal independence pursuant to the laws of the sending state; or
51.16    5. A guardianship is created by a court in the receiving state with the concurrence of
51.17the court in the sending state; or
51.18    6. An Indian tribe has petitioned for and received jurisdiction from the court in
51.19the sending state; or
51.20    7. The public child-placing agency of the sending state requests termination and has
51.21obtained the concurrence of the public child-placing agency in the receiving the state.
51.22    D. When a sending state court terminates its jurisdiction, the receiving state
51.23child-placing agency shall be notified.
51.24    E. Nothing in this article shall defeat a claim of jurisdiction by a receiving state
51.25court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a
51.26child as defined by the laws of the receiving state committed by the child in the receiving
51.27state which would be a violation of its laws.
51.28    F. Nothing in this article shall limit the receiving state's ability to take emergency
51.29jurisdiction for the protection of the child.
51.30    G. The substantive laws of the state in which an adoption will be finalized shall
51.31solely govern all issues relating to the adoption of the child and the court in which the
51.32adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive
51.33issues relating to the adoption, except:
51.34    1. when the child is a ward of another court that established jurisdiction over the
51.35child prior to the placement;
51.36    2. when the child is in the legal custody of a public agency in the sending state; or
52.1    3. when the court in the sending state has otherwise appropriately assumed
52.2jurisdiction over the child, prior to the submission of the request for approval of placement.

52.3ARTICLE V. PLACEMENT EVALUATION

52.4    A. Prior to sending, bringing, or causing a child to be sent or brought into a receiving
52.5state, the public child-placing agency shall provide a written request for assessment to
52.6the receiving state.
52.7    B. For placements by a private child-placing agency, a child may be sent or brought,
52.8or caused to be sent or brought, into a receiving state, upon receipt and immediate review
52.9of the required content in a request for approval of a placement in both the sending and
52.10receiving state public child-placing agency. The required content to accompany a request
52.11for provisional approval shall include all of the following:
52.12    1. A request for approval identifying the child, birth parents, the prospective adoptive
52.13parents, and the supervising agency, signed by the person requesting approval; and
52.14    2. The appropriate consents or relinquishments signed by the birthparents in
52.15accordance with the laws of the sending state or, where permitted, the laws of the state
52.16where the adoption will be finalized; and
52.17    3. Certification by a licensed attorney or other authorized agent of a private adoption
52.18agency that the consent or relinquishment is in compliance with the applicable laws of the
52.19sending state, or where permitted the laws of the state where finalization of the adoption
52.20will occur; and
52.21    4. A home study; and
52.22    5. An acknowledgment of legal risk signed by the prospective adoptive parents.
52.23    C. The sending state and the receiving state may request additional information or
52.24documents prior to finalization of an approved placement, but they may not delay travel
52.25by the prospective adoptive parents with the child if the required content for approval
52.26has been submitted, received, and reviewed by the public child-placing agency in both
52.27the sending state and the receiving state.
52.28    D. Approval from the public child-placing agency in the receiving state for a
52.29provisional or approved placement is required as provided for in the rules of the Interstate
52.30Commission.
52.31    E. The procedures for making, and the request for an assessment, shall contain all
52.32information and be in such form as provided for in the rules of the Interstate Commission.
52.33    F. Upon receipt of a request from the public child-placing agency of the sending
52.34state, the receiving state shall initiate an assessment of the proposed placement to
52.35determine its safety and suitability. If the proposed placement is a placement with a
53.1relative, the public child-placing agency of the sending state may request a determination
53.2for a provisional placement.
53.3    G. The public child-placing agency in the receiving state may request from the
53.4public child-placing agency or the private child-placing agency in the sending state, and
53.5shall be entitled to receive supporting or additional information necessary to complete
53.6the assessment.

53.7ARTICLE VI. PLACEMENT AUTHORITY

53.8    A. Except as otherwise provided in this compact, no child subject to this compact
53.9shall be placed into a receiving state until approval for such placement is obtained.
53.10    B. If the public child-placing agency in the receiving state does not approve
53.11the proposed placement then the child shall not be placed. The receiving state shall
53.12provide written documentation of any such determination in accordance with the rules
53.13promulgated by the Interstate Commission. Such determination is not subject to judicial
53.14review in the sending state.
53.15    C. If the proposed placement is not approved, any interested party shall have
53.16standing to seek an administrative review of the receiving state's determination.
53.17    1. The administrative review and any further judicial review associated with
53.18the determination shall be conducted in the receiving state pursuant to its applicable
53.19administrative procedures.
53.20    2. If a determination not to approve the placement of the child in the receiving state
53.21is overturned upon review, the placement shall be deemed approved, provided however
53.22that all administrative or judicial remedies have been exhausted or the time for such
53.23remedies has passed.

53.24ARTICLE VII. PLACING AGENCY RESPONSIBILITY

53.25    A. For the interstate placement of a child made by a public child-placing agency
53.26or state court:
53.27    1. The public child-placing agency in the sending state shall have financial
53.28responsibility for:
53.29    a. the ongoing support and maintenance for the child during the period of the
53.30placement, unless otherwise provided for in the receiving state; and
53.31    b. as determined by the public child-placing agency in the sending state, services for
53.32the child beyond the public services for which the child is eligible in the receiving state.
53.33    2. The receiving state shall only have financial responsibility for:
53.34    a. any assessment conducted by the receiving state; and
54.1    b. supervision conducted by the receiving state at the level necessary to support
54.2the placement as agreed upon by the public child-placing agencies of the receiving and
54.3sending state.
54.4    3. Nothing in this provision shall prohibit public child-placing agencies in the
54.5sending state from entering into agreements with licensed agencies or persons in the
54.6receiving state to conduct assessments and provide supervision.
54.7    B. For the placement of a child by a private child-placing agency preliminary to a
54.8possible adoption, the private child-placing agency shall be:
54.9    1. Legally responsible for the child during the period of placement as provided for in
54.10the law of the sending state until the finalization of the adoption.
54.11    2. Financially responsible for the child absent a contractual agreement to the
54.12contrary.
54.13    C. The public child-placing agency in the receiving state shall provide timely
54.14assessments, as provided for in the rules of the Interstate Commission.
54.15    D. The public child-placing agency in the receiving state shall provide, or arrange
54.16for the provision of, supervision and services for the child, including timely reports,
54.17during the period of the placement.
54.18    E. Nothing in this compact shall be construed as to limit the authority of the public
54.19child-placing agency in the receiving state from contracting with a licensed agency or
54.20person in the receiving state for an assessment or the provision of supervision or services
54.21for the child or otherwise authorizing the provision of supervision or services by a licensed
54.22agency during the period of placement.
54.23    F. Each member state shall provide for coordination among its branches of
54.24government concerning the state's participation in, and compliance with, the compact and
54.25Interstate Commission activities, through the creation of an advisory council or use of an
54.26existing body or board.
54.27    G. Each member state shall establish a central state compact office, which shall
54.28be responsible for state compliance with the compact and the rules of the Interstate
54.29Commission.
54.30    H. The public child-placing agency in the sending state shall oversee compliance
54.31with the provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) for placements
54.32subject to the provisions of this compact, prior to placement.
54.33    I. With the consent of the Interstate Commission, states may enter into limited
54.34agreements that facilitate the timely assessment and provision of services and supervision
54.35of placements under this compact.

54.36ARTICLE VIII. INTERSTATE COMMISSION FOR THE

55.1PLACEMENT OF CHILDREN

55.2    The member states hereby establish, by way of this compact, a commission known
55.3as the "Interstate Commission for the Placement of Children." The activities of the
55.4Interstate Commission are the formation of public policy and are a discretionary state
55.5function. The Interstate Commission shall:
55.6    A. Be a joint commission of the member states and shall have the responsibilities,
55.7powers and duties set forth herein, and such additional powers as may be conferred upon it
55.8by subsequent concurrent action of the respective legislatures of the member states.
55.9    B. Consist of one commissioner from each member state who shall be appointed by
55.10the executive head of the state human services administration with ultimate responsibility
55.11for the child welfare program. The appointed commissioner shall have the legal authority
55.12to vote on policy related matters governed by this compact binding the state.
55.13    1. Each member state represented at a meeting of the Interstate Commission is
55.14entitled to one vote.
55.15    2. A majority of the member states shall constitute a quorum for the transaction of
55.16business, unless a larger quorum is required by the bylaws of the Interstate Commission.
55.17    3. A representative shall not delegate a vote to another member state.
55.18    4. A representative may delegate voting authority to another person from their state
55.19for a specified meeting.
55.20    C. In addition to the commissioners of each member state, the Interstate Commission
55.21shall include persons who are members of interested organizations as defined in the bylaws
55.22or rules of the Interstate Commission. Such members shall be ex officio and shall not be
55.23entitled to vote on any matter before the Interstate Commission.
55.24    D. Establish an executive committee which shall have the authority to administer
55.25the day-to-day operations and administration of the Interstate Commission. It shall not
55.26have the power to engage in rulemaking.

55.27ARTICLE IX. POWERS AND DUTIES OF

55.28THE INTERSTATE COMMISSION

55.29    The Interstate Commission shall have the following powers:
55.30    A. To promulgate rules and take all necessary actions to effect the goals, purposes
55.31and obligations as enumerated in this compact.
55.32    B. To provide for dispute resolution among member states.
55.33    C. To issue, upon request of a member state, advisory opinions concerning the
55.34meaning or interpretation of the interstate compact, its bylaws, rules or actions.
55.35    D. To enforce compliance with this compact or the bylaws or rules of the Interstate
55.36Commission pursuant to Article XII.
56.1    E. Collect standardized data concerning the interstate placement of children subject
56.2to this compact as directed through its rules which shall specify the data to be collected,
56.3the means of collection and data exchange and reporting requirements.
56.4    F. To establish and maintain offices as may be necessary for the transacting of its
56.5business.
56.6    G. To purchase and maintain insurance and bonds.
56.7    H. To hire or contract for services of personnel or consultants as necessary to
56.8carry out its functions under the compact and establish personnel qualification policies,
56.9and rates of compensation.
56.10    I. To establish and appoint committees and officers including, but not limited to, an
56.11executive committee as required by Article X.
56.12    J. To accept any and all donations and grants of money, equipment, supplies,
56.13materials, and services, and to receive, utilize, and dispose thereof.
56.14    K. To lease, purchase, accept contributions or donations of, or otherwise to own,
56.15hold, improve, or use any property, real, personal, or mixed.
56.16    L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
56.17of any property, real, personal, or mixed.
56.18    M. To establish a budget and make expenditures.
56.19    N. To adopt a seal and bylaws governing the management and operation of the
56.20Interstate Commission.
56.21    O. To report annually to the legislatures, governors, the judiciary, and state advisory
56.22councils of the member states concerning the activities of the Interstate Commission
56.23during the preceding year. Such reports shall also include any recommendations that may
56.24have been adopted by the Interstate Commission.
56.25    P. To coordinate and provide education, training, and public awareness regarding the
56.26interstate movement of children for officials involved in such activity.
56.27    Q. To maintain books and records in accordance with the bylaws of the Interstate
56.28Commission.
56.29    R. To perform such functions as may be necessary or appropriate to achieve the
56.30purposes of this compact.

56.31ARTICLE X. ORGANIZATION AND OPERATION OF THE
56.32INTERSTATE COMMISSION

56.33    A. Bylaws
56.34    1. Within 12 months after the first Interstate Commission meeting, the Interstate
56.35Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate
56.36to carry out the purposes of the compact.
57.1    2. The Interstate Commission's bylaws and rules shall establish conditions and
57.2procedures under which the Interstate Commission shall make its information and official
57.3records available to the public for inspection or copying. The Interstate Commission may
57.4exempt from disclosure information or official records to the extent they would adversely
57.5affect personal privacy rights or proprietary interests.
57.6    B. Meetings
57.7    1. The Interstate Commission shall meet at least once each calendar year. The
57.8chairperson may call additional meetings and, upon the request of a simple majority of the
57.9member states shall call additional meetings.
57.10    2. Public notice shall be given by the Interstate Commission of all meetings and
57.11all meetings shall be open to the public, except as set forth in the rules or as otherwise
57.12provided in the compact. The Interstate Commission and its committees may close a
57.13meeting, or portion thereof, where it determines by two-thirds vote that an open meeting
57.14would be likely to:
57.15    a. relate solely to the Interstate Commission's internal personnel practices and
57.16procedures; or
57.17    b. disclose matters specifically exempted from disclosure by federal law; or
57.18    c. disclose financial or commercial information which is privileged, proprietary or
57.19confidential in nature; or
57.20    d. involve accusing a person of a crime, or formally censuring a person; or
57.21    e. disclose information of a personal nature where disclosure would constitute
57.22a clearly unwarranted invasion of personal privacy or physically endanger one or more
57.23persons; or
57.24    f. disclose investigative records compiled for law enforcement purposes; or
57.25    g. specifically relate to the Interstate Commission's participation in a civil action
57.26or other legal proceeding.
57.27    3. For a meeting, or portion of a meeting, closed pursuant to this provision, the
57.28Interstate Commission's legal counsel or designee shall certify that the meeting may be
57.29closed and shall reference each relevant exemption provision. The Interstate Commission
57.30shall keep minutes which shall fully and clearly describe all matters discussed in a meeting
57.31and shall provide a full and accurate summary of actions taken, and the reasons therefore,
57.32including a description of the views expressed and the record of a roll call vote. All
57.33documents considered in connection with an action shall be identified in such minutes. All
57.34minutes and documents of a closed meeting shall remain under seal, subject to release by a
57.35majority vote of the Interstate Commission or by court order.
58.1    4. The bylaws may provide for meetings of the Interstate Commission to be
58.2conducted by telecommunication or other electronic communication.
58.3    C. Officers and Staff
58.4    1. The Interstate Commission may, through its executive committee, appoint or
58.5retain a staff director for such period, upon such terms and conditions and for such
58.6compensation as the Interstate Commission may deem appropriate. The staff director shall
58.7serve as secretary to the Interstate Commission, but shall not have a vote. The staff director
58.8may hire and supervise such other staff as may be authorized by the Interstate Commission.
58.9    2. The Interstate Commission shall elect, from among its members, a chairperson
58.10and a vice chairperson of the executive committee and other necessary officers, each of
58.11whom shall have such authority and duties as may be specified in the bylaws.
58.12    D. Qualified Immunity, Defense and Indemnification
58.13    1. The Interstate Commission's staff director and its employees shall be immune
58.14from suit and liability, either personally or in their official capacity, for a claim for damage
58.15to or loss of property or personal injury or other civil liability caused or arising out of or
58.16relating to an actual or alleged act, error, or omission that occurred, or that such person had
58.17a reasonable basis for believing occurred within the scope of Commission employment,
58.18duties, or responsibilities; provided, that such person shall not be protected from suit or
58.19liability for damage, loss, injury, or liability caused by a criminal act or the intentional or
58.20willful and wanton misconduct of such person.
58.21    a. The liability of the Interstate Commission's staff director and employees
58.22or Interstate Commission representatives, acting within the scope of such person's
58.23employment or duties for acts, errors, or omissions occurring within such person's state
58.24may not exceed the limits of liability set forth under the Constitution and laws of that state
58.25for state officials, employees, and agents. The Interstate Commission is considered to
58.26be an instrumentality of the states for the purposes of any such action. Nothing in this
58.27subsection shall be construed to protect such person from suit or liability for damage,
58.28loss, injury, or liability caused by a criminal act or the intentional or willful and wanton
58.29misconduct of such person.
58.30    b. The Interstate Commission shall defend the staff director and its employees and,
58.31subject to the approval of the Attorney General or other appropriate legal counsel of the
58.32member state shall defend the commissioner of a member state in a civil action seeking to
58.33impose liability arising out of an actual or alleged act, error, or omission that occurred
58.34within the scope of Interstate Commission employment, duties or responsibilities, or that
58.35the defendant had a reasonable basis for believing occurred within the scope of Interstate
58.36Commission employment, duties, or responsibilities, provided that the actual or alleged
59.1act, error, or omission did not result from intentional or willful and wanton misconduct on
59.2the part of such person.
59.3    c. To the extent not covered by the state involved, member state, or the Interstate
59.4Commission, the representatives or employees of the Interstate Commission shall be
59.5held harmless in the amount of a settlement or judgment, including attorney's fees and
59.6costs, obtained against such persons arising out of an actual or alleged act, error, or
59.7omission that occurred within the scope of Interstate Commission employment, duties, or
59.8responsibilities, or that such persons had a reasonable basis for believing occurred within
59.9the scope of Interstate Commission employment, duties, or responsibilities, provided that
59.10the actual or alleged act, error, or omission did not result from intentional or willful and
59.11wanton misconduct on the part of such persons.

59.12ARTICLE XI. RULEMAKING FUNCTIONS OF

59.13THE INTERSTATE COMMISSION

59.14    A. The Interstate Commission shall promulgate and publish rules in order to
59.15effectively and efficiently achieve the purposes of the compact.
59.16    B. Rulemaking shall occur pursuant to the criteria set forth in this article and the
59.17bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform
59.18to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform
59.19Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the
59.20Interstate Commission deems appropriate consistent with due process requirements under
59.21the United States Constitution as now or hereafter interpreted by the U. S. Supreme Court.
59.22All rules and amendments shall become binding as of the date specified, as published with
59.23the final version of the rule as approved by the Interstate Commission.
59.24    C. When promulgating a rule, the Interstate Commission shall, at a minimum:
59.25    1. Publish the proposed rule's entire text stating the reason(s) for that proposed
59.26rule; and
59.27    2. Allow and invite any and all persons to submit written data, facts, opinions,
59.28and arguments, which information shall be added to the record, and be made publicly
59.29available; and
59.30    3. Promulgate a final rule and its effective date, if appropriate, based on input from
59.31state or local officials, or interested parties.
59.32    D. Rules promulgated by the Interstate Commission shall have the force and effect
59.33of administrative rules and shall be binding in the compacting states to the extent and in
59.34the manner provided for in this compact.
59.35    E. Not later than 60 days after a rule is promulgated, an interested person may file a
59.36petition in the U.S. District Court for the District of Columbia or in the Federal District
60.1Court where the Interstate Commission's principal office is located for judicial review
60.2of such rule. If the court finds that the Interstate Commission's action is not supported
60.3by substantial evidence in the rulemaking record, the court shall hold the rule unlawful
60.4and set it aside.
60.5    F. If a majority of the legislatures of the member states rejects a rule, those states
60.6may by enactment of a statute or resolution in the same manner used to adopt the compact
60.7cause that such rule shall have no further force and effect in any member state.
60.8    G. The existing rules governing the operation of the Interstate Compact on the
60.9Placement of Children superseded by this act shall be null and void no less than 12, but
60.10no more than 24 months after the first meeting of the Interstate Commission created
60.11hereunder, as determined by the members during the first meeting.
60.12    H. Within the first 12 months of operation, the Interstate Commission shall
60.13promulgate rules addressing the following:
60.14    1. Transition rules
60.15    2. Forms and procedures
60.16    3. Time lines
60.17    4. Data collection and reporting
60.18    5. Rulemaking
60.19    6. Visitation
60.20    7. Progress reports/supervision
60.21    8. Sharing of information/confidentiality
60.22    9. Financing of the Interstate Commission
60.23    10. Mediation, arbitration, and dispute resolution
60.24    11. Education, training, and technical assistance
60.25    12. Enforcement
60.26    13. Coordination with other interstate compacts
60.27    I. Upon determination by a majority of the members of the Interstate Commission
60.28that an emergency exists:
60.29    1. The Interstate Commission may promulgate an emergency rule only if it is
60.30required to:
60.31    a. Protect the children covered by this compact from an imminent threat to their
60.32health, safety, and well-being; or
60.33    b. Prevent loss of federal or state funds; or
60.34    c. Meet a deadline for the promulgation of an administrative rule required by
60.35federal law.
61.1    2. An emergency rule shall become effective immediately upon adoption, provided
61.2that the usual rulemaking procedures provided hereunder shall be retroactively applied
61.3to said rule as soon as reasonably possible, but no later than 90 days after the effective
61.4date of the emergency rule.
61.5    3. An emergency rule shall be promulgated as provided for in the rules of the
61.6Interstate Commission.

61.7ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION,

61.8ENFORCEMENT

61.9    A. Oversight
61.10    1. The Interstate Commission shall oversee the administration and operation of the
61.11compact.
61.12    2. The executive, legislative, and judicial branches of state government in each
61.13member state shall enforce this compact and the rules of the Interstate Commission and
61.14shall take all actions necessary and appropriate to effectuate the compact's purposes and
61.15intent. The compact and its rules shall be binding in the compacting states to the extent
61.16and in the manner provided for in this compact.
61.17    3. All courts shall take judicial notice of the compact and the rules in any judicial
61.18or administrative proceeding in a member state pertaining to the subject matter of this
61.19compact.
61.20    4. The Interstate Commission shall be entitled to receive service of process in any
61.21action in which the validity of a compact provision or rule is the issue for which a judicial
61.22determination has been sought and shall have standing to intervene in any proceedings.
61.23Failure to provide service of process to the Interstate Commission shall render any
61.24judgment, order or other determination, however so captioned or classified, void as to the
61.25Interstate Commission, this compact, its bylaws, or rules of the Interstate Commission.
61.26    B. Dispute Resolution
61.27    1. The Interstate Commission shall attempt, upon the request of a member state, to
61.28resolve disputes which are subject to the compact and which may arise among member
61.29states and between member and nonmember states.
61.30    2. The Interstate Commission shall promulgate a rule providing for both mediation
61.31and binding dispute resolution for disputes among compacting states. The costs of such
61.32mediation or dispute resolution shall be the responsibility of the parties to the dispute.
61.33    C. Enforcement
61.34    1. If the Interstate Commission determines that a member state has defaulted in the
61.35performance of its obligations or responsibilities under this compact, its bylaws or rules,
61.36the Interstate Commission may:
62.1    a. Provide remedial training and specific technical assistance; or
62.2    b. Provide written notice to the defaulting state and other member states, of the
62.3nature of the default and the means of curing the default. The Interstate Commission shall
62.4specify the conditions by which the defaulting state must cure its default; or
62.5    c. By majority vote of the members, initiate against a defaulting member state legal
62.6action in the United State District Court for the District of Columbia or, at the discretion
62.7of the Interstate Commission, in the federal district where the Interstate Commission has
62.8its principal office, to enforce compliance with the provisions of the compact, its bylaws,
62.9or rules. The relief sought may include both injunctive relief and damages. In the event
62.10judicial enforcement is necessary the prevailing party shall be awarded all costs of such
62.11litigation including reasonable attorney's fees; or
62.12    d. Avail itself of any other remedies available under state law or the regulation of
62.13official or professional conduct.

62.14ARTICLE XIII. FINANCING OF THE COMMISSION

62.15    A. The Interstate Commission shall pay, or provide for the payment of the reasonable
62.16expenses of its establishment, organization, and ongoing activities.
62.17    B. The Interstate Commission may levy on and collect an annual assessment from
62.18each member state to cover the cost of the operations and activities of the Interstate
62.19Commission and its staff which must be in a total amount sufficient to cover the Interstate
62.20Commission's annual budget as approved by its members each year. The aggregate annual
62.21assessment amount shall be allocated based upon a formula to be determined by the
62.22Interstate Commission which shall promulgate a rule binding upon all member states.
62.23    C. The Interstate Commission shall not incur obligations of any kind prior to securing
62.24the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit
62.25of any of the member states, except by and with the authority of the member state.
62.26    D. The Interstate Commission shall keep accurate accounts of all receipts and
62.27disbursements. The receipts and disbursements of the Interstate Commission shall be
62.28subject to the audit and accounting procedures established under its bylaws. However,
62.29all receipts and disbursements of funds handled by the Interstate Commission shall be
62.30audited yearly by a certified or licensed public accountant and the report of the audit shall
62.31be included in and become part of the annual report of the Interstate Commission.

62.32ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE

62.33AND AMENDMENT

62.34    A. Any state is eligible to become a member state.
62.35    B. The compact shall become effective and binding upon legislative enactment of
62.36the compact into law by no less than 35 states. The effective date shall be the later of July
63.11, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it shall
63.2become effective and binding as to any other member state upon enactment of the compact
63.3into law by that state. The executive heads of the state human services administration
63.4with ultimate responsibility for the child welfare program of nonmember states or their
63.5designees shall be invited to participate in the activities of the Interstate Commission on a
63.6non-voting basis prior to adoption of the compact by all states.
63.7    C. The Interstate Commission may propose amendments to the compact for
63.8enactment by the member states. No amendment shall become effective and binding
63.9on the member states unless and until it is enacted into law by unanimous consent of
63.10the member states.

63.11ARTICLE XV. WITHDRAWAL AND DISSOLUTION

63.12    A. Withdrawal
63.13    1. Once effective, the compact shall continue in force and remain binding upon each
63.14and every member state; provided that a member state may withdraw from the compact
63.15specifically repealing the statute which enacted the compact into law.
63.16    2. Withdrawal from this compact shall be by the enactment of a statute repealing
63.17the same. The effective date of withdrawal shall be the effective date of the repeal of
63.18the statute.
63.19    3. The withdrawing state shall immediately notify the president of the Interstate
63.20Commission in writing upon the introduction of legislation repealing this compact in the
63.21withdrawing state. The Interstate Commission shall then notify the other member states of
63.22the withdrawing state's intent to withdraw.
63.23    4. The withdrawing state is responsible for all assessments, obligations, and
63.24liabilities incurred through the effective date of withdrawal.
63.25    5. Reinstatement following withdrawal of a member state shall occur upon the
63.26withdrawing state reenacting the compact or upon such later date as determined by the
63.27members of the Interstate Commission.
63.28    B. Dissolution of Compact
63.29    1. This compact shall dissolve effective upon the date of the withdrawal or default
63.30of the member state which reduces the membership in the compact to one member state.
63.31    2. Upon the dissolution of this compact, the compact becomes null and void and shall
63.32be of no further force or effect, and the business and affairs of the Interstate Commission
63.33shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

63.34ARTICLE XVI. SEVERABILITY AND CONSTRUCTION

64.1    A. The provisions of this compact shall be severable, and if any phrase, clause,
64.2sentence, or provision is deemed unenforceable, the remaining provisions of the compact
64.3shall be enforceable.
64.4    B. The provisions of this compact shall be liberally construed to effectuate its
64.5purposes.
64.6    C. Nothing in this compact shall be construed to prohibit the concurrent applicability
64.7of other interstate compacts to which the states are members.

64.8ARTICLE XVII. BINDING EFFECT OF COMPACT

64.9AND OTHER LAWS

64.10    A. Other Laws
64.11    1. Nothing herein prevents the enforcement of any other law of a member state
64.12that is not inconsistent with this compact.
64.13    B. Binding Effect of the Compact
64.14    1. All lawful actions of the Interstate Commission, including all rules and bylaws
64.15promulgated by the Interstate Commission, are binding upon the member states.
64.16    2. All agreements between the Interstate Commission and the member states are
64.17binding in accordance with their terms.
64.18    3. In the event any provision of this compact exceeds the constitutional limits
64.19imposed on the legislature of any member state, such provision shall be ineffective to the
64.20extent of the conflict with the constitutional provision in question in that member state.

64.21ARTICLE XVIII. INDIAN TRIBES

64.22    Notwithstanding any other provision in this compact, the Interstate Commission
64.23may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or
64.24all of the purposes of the compact as specified in Article I. The Interstate Commission
64.25shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to
64.26reflect the diverse circumstances of the various Indian tribes.
64.27EFFECTIVE DATE.This section is effective upon legislative enactment of the
64.28compact into law by no less than 35 states. The commissioner of human services shall
64.29inform the Revisor of Statutes when this occurs.

64.30    Sec. 24. Minnesota Statutes 2006, section 260C.001, subdivision 2, is amended to read:
64.31    Subd. 2. Child in need of protection services. (a) The paramount consideration in
64.32all proceedings concerning a child alleged or found to be in need of protection or services
64.33is the health, safety, and best interests of the child. In proceedings involving an American
64.34Indian child, as defined in section 260.755, subdivision 8, the best interests of the child
65.1must be determined consistent with sections 260.751 to 260.835 and the Indian Child
65.2Welfare Act, United States Code, title 25, sections 1901 to 1923.
65.3    (b) The purpose of the laws relating to juvenile courts is:
65.4    (1) to secure for each child alleged or adjudicated in need of protection or services
65.5and under the jurisdiction of the court, the care and guidance, preferably in the child's own
65.6home, as will best serve the spiritual, emotional, mental, and physical welfare of the child;
65.7    (2) to provide judicial procedures which protect the welfare of the child;
65.8    (3) to preserve and strengthen the child's family ties whenever possible and in the
65.9child's best interests, removing the child from the custody of parents only when the child's
65.10welfare or safety cannot be adequately safeguarded without removal;
65.11    (4) to ensure that when removal from the child's own family is necessary and in the
65.12child's best interests, the responsible social services agency has legal responsibility for
65.13the child removal either:
65.14    (i) pursuant to a voluntary placement agreement between the child's parent or
65.15guardian and the responsible social services agency; or
65.16    (ii) by court order pursuant to section 260C.151, subdivision 6; 206C.178; or
65.17260C.201;
65.18    (5) to ensure that, when placement is pursuant to court order, the court order
65.19removing the child or continuing the child in foster care contains an individualized
65.20determination that placement is in the best interests of the child that coincides with the
65.21actual removal of the child; and, when removal from the child's own family is necessary
65.22and in the child's best interests,
65.23    (6) to secure for ensure that when the child is removed, the child custody, child's
65.24care and discipline is, as nearly as possible, equivalent to that which should have been
65.25given by the parents. and is either in:
65.26    (i) the home of a noncustodial parent pursuant to section 260C.178 or 260C.201,
65.27subdivision 1, paragraph (a), clause (1);
65.28    (ii) the home of a relative pursuant to emergency placement by the responsible social
65.29services agency under chapter 245A; or
65.30    (iii) a foster home licensed under chapter 245A.

65.31    Sec. 25. Minnesota Statutes 2006, section 260C.007, subdivision 5, is amended to read:
65.32    Subd. 5. Child abuse. "Child abuse" means an act that involves a minor victim
65.33and that constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
65.34609.322 , 609.324, 609.342, 609.343, 609.344, 609.345, 609.377, 609.378, 617.246, or
65.35that is physical or sexual abuse as defined in section 626.556, subdivision 2, or an act
66.1committed in another state that involves a minor victim and would constitute a violation of
66.2one of these sections if committed in this state.

66.3    Sec. 26. Minnesota Statutes 2006, section 260C.007, subdivision 6, is amended to read:
66.4    Subd. 6. Child in need of protection or services. "Child in need of protection or
66.5services" means a child who is in need of protection or services because the child:
66.6    (1) is abandoned or without parent, guardian, or custodian;
66.7    (2)(i) has been a victim of physical or sexual abuse as defined in section 626.556,
66.8subdivision 2, (ii) resides with or has resided with a victim of child abuse as defined in
66.9subdivision 5 or domestic child abuse as defined in subdivision 5 13, (iii) resides with or
66.10would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or
66.11child abuse as defined in subdivision 5, or (iv) is a victim of emotional maltreatment as
66.12defined in subdivision 8;
66.13    (3) is without necessary food, clothing, shelter, education, or other required care
66.14for the child's physical or mental health or morals because the child's parent, guardian,
66.15or custodian is unable or unwilling to provide that care;
66.16    (4) is without the special care made necessary by a physical, mental, or emotional
66.17condition because the child's parent, guardian, or custodian is unable or unwilling to
66.18provide that care, including a child in voluntary placement due solely to the child's
66.19developmental disability or emotional disturbance;
66.20    (5) is medically neglected, which includes, but is not limited to, the withholding of
66.21medically indicated treatment from a disabled infant with a life-threatening condition. The
66.22term "withholding of medically indicated treatment" means the failure to respond to the
66.23infant's life-threatening conditions by providing treatment, including appropriate nutrition,
66.24hydration, and medication which, in the treating physician's or physicians' reasonable
66.25medical judgment, will be most likely to be effective in ameliorating or correcting all
66.26conditions, except that the term does not include the failure to provide treatment other
66.27than appropriate nutrition, hydration, or medication to an infant when, in the treating
66.28physician's or physicians' reasonable medical judgment:
66.29    (i) the infant is chronically and irreversibly comatose;
66.30    (ii) the provision of the treatment would merely prolong dying, not be effective in
66.31ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
66.32futile in terms of the survival of the infant; or
66.33    (iii) the provision of the treatment would be virtually futile in terms of the survival
66.34of the infant and the treatment itself under the circumstances would be inhumane;
67.1    (6) is one whose parent, guardian, or other custodian for good cause desires to be
67.2relieved of the child's care and custody, including a child in placement according to who
67.3entered foster care under a voluntary release by placement agreement between the parent
67.4and the responsible social services agency under section 260C.212, subdivision 8;
67.5    (7) has been placed for adoption or care in violation of law;
67.6    (8) is without proper parental care because of the emotional, mental, or physical
67.7disability, or state of immaturity of the child's parent, guardian, or other custodian;
67.8    (9) is one whose behavior, condition, or environment is such as to be injurious or
67.9dangerous to the child or others. An injurious or dangerous environment may include, but
67.10is not limited to, the exposure of a child to criminal activity in the child's home;
67.11    (10) is experiencing growth delays, which may be referred to as failure to thrive, that
67.12have been diagnosed by a physician and are due to parental neglect;
67.13    (11) has engaged in prostitution as defined in section 609.321, subdivision 9;
67.14    (12) has committed a delinquent act or a juvenile petty offense before becoming
67.15ten years old;
67.16    (13) is a runaway;
67.17    (14) is a habitual truant; or
67.18    (15) has been found incompetent to proceed or has been found not guilty by reason
67.19of mental illness or mental deficiency in connection with a delinquency proceeding, a
67.20certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
67.21proceeding involving a juvenile petty offense.

67.22    Sec. 27. Minnesota Statutes 2006, section 260C.007, subdivision 13, is amended to
67.23read:
67.24    Subd. 13. Domestic child abuse. "Domestic child abuse" means:
67.25    (1) any physical injury to a minor family or household member inflicted by an adult
67.26family or household member other than by accidental means; or
67.27    (2) subjection of a minor family or household member by an adult family or
67.28household member to any act which constitutes a violation of sections 609.321 to 609.324,
67.29609.342 , 609.343, 609.344, 609.345, or 617.246.; or
67.30    (3) physical or sexual abuse as defined in section 626.556, subdivision 2.

67.31    Sec. 28. Minnesota Statutes 2006, section 260C.101, subdivision 2, is amended to read:
67.32    Subd. 2. Jurisdiction over other matters relating to children. Except as provided
67.33in clause (d), the juvenile court has original and exclusive jurisdiction in proceedings
67.34concerning:
68.1    (a) The termination of parental rights to a child in accordance with the provisions of
68.2sections 260C.301 to 260C.328.
68.3    (b) The appointment and removal of a juvenile court guardian for a child, where
68.4parental rights have been terminated under the provisions of sections 260C.301 to
68.5260C.328 .
68.6    (c) Judicial consent to the marriage of a child when required by law.
68.7    (d) The juvenile court in those counties in which the judge of the probate-juvenile
68.8court has been admitted to the practice of law in this state shall proceed under the laws
68.9relating to adoptions in all adoption matters. In those counties in which the judge of the
68.10probate-juvenile court has not been admitted to the practice of law in this state the district
68.11court shall proceed under the laws relating to adoptions in all adoption matters.
68.12    (e) The review of the foster care status placement of a child who has been placed is
68.13in a residential facility, as defined in section 260C.212, subdivision 1, foster care pursuant
68.14to a voluntary release by placement agreement between the child's parent or parents and
68.15the responsible social services agency under section 260C.212, subdivision 8.
68.16    (f) The review of voluntary foster care placement of a child for treatment under
68.17chapter 260D according to the review requirements of that chapter.

68.18    Sec. 29. Minnesota Statutes 2006, section 260C.141, subdivision 2, is amended to read:
68.19    Subd. 2. Review of foster care status. Except for a child in foster care due
68.20solely to the child's developmental disability or emotional disturbance, When a child
68.21continues in voluntary placement foster care according to section 260C.212, subdivision
68.228 , a petition shall be filed alleging the child to be in need of protection or services or
68.23seeking termination of parental rights or other permanent placement of the child away
68.24from the parent within 90 days of the date of the voluntary placement agreement. The
68.25petition shall state the reasons why the child is in placement foster care, the progress on
68.26the out-of-home placement plan required under section 260C.212, subdivision 1, and
68.27the statutory basis for the petition under section 260C.007, subdivision 6, 260C.201,
68.28subdivision 11 , or 260C.301.
68.29    (1) In the case of a petition alleging the child to be in need of protection or services
68.30filed under this paragraph, if all parties agree and the court finds it is in the best interests of
68.31the child, the court may find the petition states a prima facie case that:
68.32    (i) the child's needs are being met;
68.33    (ii) the placement of the child in foster care is in the best interests of the child;
68.34    (iii) reasonable efforts to reunify the child and the parent or guardian are being
68.35made; and
69.1    (iv) the child will be returned home in the next three months.
69.2    (2) If the court makes findings under paragraph (1), the court shall approve the
69.3voluntary arrangement and continue the matter for up to three more months to ensure the
69.4child returns to the parents' home. The responsible social services agency shall:
69.5    (i) report to the court when the child returns home and the progress made by the
69.6parent on the out-of-home placement plan required under section 260C.212, in which
69.7case the court shall dismiss jurisdiction;
69.8    (ii) report to the court that the child has not returned home, in which case the matter
69.9shall be returned to the court for further proceedings under section 260C.163; or
69.10    (iii) if any party does not agree to continue the matter under this paragraph and
69.11paragraph (1), the matter shall proceed under section 260C.163.

69.12    Sec. 30. Minnesota Statutes 2007 Supplement, section 260C.163, subdivision 1,
69.13is amended to read:
69.14    Subdivision 1. General. (a) Except for hearings arising under section 260C.425,
69.15hearings on any matter shall be without a jury and may be conducted in an informal
69.16manner. In all adjudicatory proceedings involving a child alleged to be in need of
69.17protection or services, the court shall admit only evidence that would be admissible in a
69.18civil trial. To be proved at trial, allegations of a petition alleging a child to be in need of
69.19protection or services must be proved by clear and convincing evidence.
69.20    (b) Except for proceedings involving a child alleged to be in need of protection or
69.21services and petitions for the termination of parental rights, hearings may be continued or
69.22adjourned from time to time. In proceedings involving a child alleged to be in need of
69.23protection or services and petitions for the termination of parental rights, hearings may not
69.24be continued or adjourned for more than one week unless the court makes specific findings
69.25that the continuance or adjournment is in the best interests of the child. If a hearing is held
69.26on a petition involving physical or sexual abuse of a child who is alleged to be in need of
69.27protection or services or neglected and in foster care, the court shall file the decision with
69.28the court administrator as soon as possible but no later than 15 days after the matter is
69.29submitted to the court. When a continuance or adjournment is ordered in any proceeding,
69.30the court may make any interim orders as it deems in the best interests of the minor in
69.31accordance with the provisions of sections 260C.001 to 260C.421.
69.32    (c) Except as otherwise provided in this paragraph, the court shall exclude the
69.33general public from hearings under this chapter and shall admit only those persons who,
69.34in the discretion of the court, have a direct interest in the case or in the work of the
69.35court. Absent exceptional circumstances, hearings under this chapter are presumed to be
70.1accessible to the public, however the court may close any hearing and the records related
70.2to any matter as provided in the Minnesota Rules of Juvenile Protection Procedure.
70.3    (d) Adoption hearings shall be conducted in accordance with the provisions of
70.4laws relating to adoptions.
70.5    (e) In any permanency hearing, including the transition of a child from foster care
70.6to independent living, the court shall ensure that any consult with the child is in an
70.7age-appropriate manner.

70.8    Sec. 31. Minnesota Statutes 2006, section 260C.171, subdivision 2, is amended to read:
70.9    Subd. 2. Public inspection of records. (a) The following records from proceedings
70.10or portions of proceedings involving a child in need of protection or services that,
70.11permanency, or termination of parental rights are open accessible to the public as
70.12authorized by Supreme Court order and court rules are accessible to the public unless the
70.13court determines that access should be restricted because of the intensely personal nature
70.14of the information: the Minnesota Rules of Juvenile Protection Procedure.
70.15    (1) the summons and petition;
70.16    (2) affidavits of publication and service;
70.17    (3) certificates of representation;
70.18    (4) court orders;
70.19    (5) hearing and trial notices, witness lists, and subpoenas;
70.20    (6) motions and legal memoranda;
70.21    (7) exhibits introduced at hearings or trial that are not inaccessible under paragraph
70.22(b);
70.23    (8) birth records; and
70.24    (9) all other documents not listed as inaccessible to the public under paragraph (b).
70.25    (b) The following records are not accessible to the public under paragraph (a):
70.26    (1) written, audiotaped, or videotaped information from the social services agency,
70.27except to the extent the information appears in the petition, court orders, or other
70.28documents that are accessible under paragraph (a);
70.29    (2) child protection intake or screening notes;
70.30    (3) documents identifying reporters of maltreatment, unless the names and other
70.31identifying information are redacted;
70.32    (4) guardian ad litem reports;
70.33    (5) victim statements and addresses and telephone numbers;
70.34    (6) documents identifying nonparty witnesses under the age of 18, unless the names
70.35and other identifying information are redacted;
71.1    (7) transcripts of testimony taken during closed hearing;
71.2    (8) fingerprinting materials;
71.3    (9) psychological, psychiatric, and chemical dependency evaluations;
71.4    (10) presentence evaluations of juveniles and probation reports;
71.5    (11) medical records and test results;
71.6    (12) reports issued by sexual predator programs;
71.7    (13) diversion records of juveniles;
71.8    (14) any document which the court, upon its own motion or upon motion of a party,
71.9orders inaccessible to serve the best interests of the child; and
71.10    (15) any other records that are not accessible to the public under rules developed
71.11by the courts.
71.12    In addition, records that are accessible to the public under paragraph (a) become
71.13inaccessible to the public if one year has elapsed since either the proceeding was dismissed
71.14or the court's jurisdiction over the matter was terminated.
71.15    (c) Except as otherwise provided by this section, none of the records of the juvenile
71.16court and (b) None of the records relating to an appeal from a nonpublic juvenile court
71.17proceeding, except the written appellate opinion, shall be open to public inspection or their
71.18contents disclosed except by order of a court.
71.19    (d) (c) The records of juvenile probation officers are records of the court for the
71.20purposes of this subdivision. This subdivision applies to all proceedings under this
71.21chapter, including appeals from orders of the juvenile court. The court shall maintain the
71.22confidentiality of adoption files and records in accordance with the provisions of laws
71.23relating to adoptions. In juvenile court proceedings any report or social history furnished
71.24to the court shall be open to inspection by the attorneys of record and the guardian ad litem
71.25a reasonable time before it is used in connection with any proceeding before the court.
71.26    (e) When a judge of a juvenile court, or duly authorized agent of the court,
71.27determines under a proceeding under this chapter that a child has violated a state or local
71.28law, ordinance, or regulation pertaining to the operation of a motor vehicle on streets
71.29and highways, except parking violations, the judge or agent shall immediately report
71.30the violation to the commissioner of public safety. The report must be made on a form
71.31provided by the Department of Public Safety and must contain the information required
71.32under section 169.95.

71.33    Sec. 32. Minnesota Statutes 2006, section 260C.178, subdivision 1, is amended to read:
71.34    Subdivision 1. Hearing and release requirements. (a) If a child was taken into
71.35custody under section 260C.175, subdivision 1, clause (a) or (b)(2), the court shall hold a
72.1hearing within 72 hours of the time the child was taken into custody, excluding Saturdays,
72.2Sundays, and holidays, to determine whether the child should continue in custody.
72.3    (b) Unless there is reason to believe that the child would endanger self or others,
72.4not return for a court hearing, run away from the child's parent, guardian, or custodian
72.5or otherwise not remain in the care or control of the person to whose lawful custody the
72.6child is released, or that the child's health or welfare would be immediately endangered,
72.7the child shall be released to the custody of a parent, guardian, custodian, or other
72.8suitable person, subject to reasonable conditions of release including, but not limited to,
72.9a requirement that the child undergo a chemical use assessment as provided in section
72.10260C.157, subdivision 1 .
72.11    (c) If the court determines there is reason to believe that the child would endanger
72.12self or others; not return for a court hearing; run away from the child's parent, guardian, or
72.13custodian or otherwise not remain in the care or control of the person to whose lawful
72.14custody the child is released; or that the child's health or welfare would be immediately
72.15endangered if returned to the care of the parent or guardian who has custody and from
72.16whom the child was removed, the court shall order the child into foster care under the
72.17legal responsibility of the responsible social services agency or responsible probation or
72.18corrections agency for the purposes of protective care as that term is used in the juvenile
72.19court rules. or into the home of a noncustodial parent and order the noncustodial parent
72.20to comply with any conditions the court determines to be appropriate to the safety and
72.21care of the child, including cooperating with paternity establishment proceedings in the
72.22case of a man who has not been adjudicated the child's father. The court shall not give
72.23the responsible social services legal custody and order a trial home visit at any time prior
72.24to adjudication and disposition under section 260C.201, subdivision 1, paragraph (a),
72.25clause (3), but may order the child returned to the care of the parent or guardian who
72.26has custody and from whom the child was removed and order the parent or guardian to
72.27comply with any conditions the court determines to be appropriate to meet the safety,
72.28health, and welfare of the child.
72.29    (d) In determining whether the child's health or welfare would be immediately
72.30endangered, the court shall consider whether the child would reside with a perpetrator
72.31of domestic child abuse.
72.32    (c) (e) The court, before determining whether a child should be placed in or continue
72.33in foster care under the protective care of the responsible agency, shall also make a
72.34determination, consistent with section 260.012 as to whether reasonable efforts were made
72.35to prevent placement or whether reasonable efforts to prevent placement are not required.
72.36In the case of an Indian child, the court shall determine whether active efforts, according
73.1to the Indian Child Welfare Act of 1978, United States Code, title 25, section 1912(d),
73.2were made to prevent placement. The court shall enter a finding that the responsible
73.3social services agency has made reasonable efforts to prevent placement when the agency
73.4establishes either:
73.5    (1) that it has actually provided services or made efforts in an attempt to prevent
73.6the child's removal but that such services or efforts have not proven sufficient to permit
73.7the child to safely remain in the home; or
73.8    (2) that there are no services or other efforts that could be made at the time of the
73.9hearing that could safely permit the child to remain home or to return home. When
73.10reasonable efforts to prevent placement are required and there are services or other efforts
73.11that could be ordered which would permit the child to safely return home, the court shall
73.12order the child returned to the care of the parent or guardian and the services or efforts put
73.13in place to ensure the child's safety. When the court makes a prima facie determination
73.14that one of the circumstances under paragraph (e) (g) exists, the court shall determine that
73.15reasonable efforts to prevent placement and to return the child to the care of the parent or
73.16guardian are not required.
73.17    If the court finds the social services agency's preventive or reunification efforts
73.18have not been reasonable but further preventive or reunification efforts could not permit
73.19the child to safely remain at home, the court may nevertheless authorize or continue
73.20the removal of the child.
73.21    (d) (f) The court may not order or continue the foster care placement of the child
73.22unless the court makes explicit, individualized findings that continued custody of the child
73.23by the parent or guardian would be contrary to the welfare of the child and that placement
73.24is in the best interest of the child.
73.25    (e) (g) At the emergency removal hearing, or at any time during the course of the
73.26proceeding, and upon notice and request of the county attorney, the court shall determine
73.27whether a petition has been filed stating a prima facie case that:
73.28    (1) the parent has subjected a child to egregious harm as defined in section
73.29260C.007, subdivision 14 ;
73.30    (2) the parental rights of the parent to another child have been involuntarily
73.31terminated;
73.32    (3) the child is an abandoned infant under section 260C.301, subdivision 2,
73.33paragraph (a), clause (2);
73.34    (4) the parents' custodial rights to another child have been involuntarily transferred
73.35to a relative under section 260C.201, subdivision 11, paragraph (e), clause (1), or a similar
73.36law of another jurisdiction; or
74.1    (5) the provision of services or further services for the purpose of reunification is
74.2futile and therefore unreasonable.
74.3    (f) (h) When a petition to terminate parental rights is required under section
74.4260C.301, subdivision 3 or 4, but the county attorney has determined not to proceed
74.5with a termination of parental rights petition, and has instead filed a petition to transfer
74.6permanent legal and physical custody to a relative under section 260C.201, subdivision 11,
74.7the court shall schedule a permanency hearing within 30 days of the filing of the petition.
74.8    (g) (i) If the county attorney has filed a petition under section 260C.307, the court
74.9shall schedule a trial under section 260C.163 within 90 days of the filing of the petition
74.10except when the county attorney determines that the criminal case shall proceed to trial
74.11first under section 260C.201, subdivision 3.
74.12    (h) (j) If the court determines the child should be ordered into foster care and
74.13the child's parent refuses to give information to the responsible social services agency
74.14regarding the child's father or relatives of the child, the court may order the parent to
74.15disclose the names, addresses, telephone numbers, and other identifying information to the
74.16responsible social services agency for the purpose of complying with the requirements of
74.17sections 260C.151, 260C.212, and 260C.215.
74.18    (i) (k) If a child ordered into foster care has siblings, whether full, half, or step, who
74.19are also ordered into foster care, the court shall inquire of the responsible social services
74.20agency of the efforts to place the children together as required by section 260C.212,
74.21subdivision 2 , paragraph (d), if placement together is in each child's best interests, unless a
74.22child is in placement due solely to the child's own behavior or a child is placed with
74.23a previously noncustodial parent who is not parent to all siblings. If the children are
74.24not placed together at the time of the hearing, the court shall inquire at each subsequent
74.25hearing of the agency's efforts to place the siblings together. If any sibling is not placed
74.26with another sibling or siblings, the agency must develop a plan for visitation among the
74.27siblings as required under section 260C.212, subdivision 1.

74.28    Sec. 33. Minnesota Statutes 2006, section 260C.205, is amended to read:
74.29260C.205 DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS
74.30FOR TREATMENT.
74.31    Unless the court disposes of the petition under section 260C.141, subdivision 2,
74.32Upon a petition for review of the foster care status of a by a parent or guardian under
74.33section 260C.141, subdivision 1, regarding a child in voluntary foster care for treatment
74.34under chapter 260D, the court may:
75.1    (a) find that the child's needs are not being met, in which case the court shall order
75.2the social services agency or the parents to take whatever action is necessary and feasible
75.3to meet the child's needs, including, when appropriate, the provision by the social services
75.4agency of services to the parents which would enable the child to live at home, and order a
75.5disposition under section 260C.201.
75.6    (b) Find that the child has been abandoned by parents financially or emotionally, or
75.7that the developmentally disabled child does not require out-of-home care because of the
75.8disabling condition, in which case the court shall order the social services agency to file an
75.9appropriate petition pursuant to section 260C.141, subdivision 1, or 260C.307.
75.10    (c) When a child is in placement due solely to the child's developmental disability or
75.11emotional disturbance and the court finds that there are compelling reasons which permit
75.12the court to approve the continued voluntary placement of the child and retain jurisdiction
75.13to conduct reviews as required under section 260C.141, subdivision 2, the court shall give
75.14the parent notice by registered United States mail of the review requirements of section
75.15260C.141, subdivision 2, in the event the child continues in placement 12 months or longer.
75.16    Nothing in this section shall be construed to prohibit bringing a petition pursuant
75.17to section 260C.141, subdivision 1 or 4, sooner than required by court order pursuant
75.18to this section.

75.19    Sec. 34. Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 1,
75.20is amended to read:
75.21    Subdivision 1. Subjects. The responsible social services agency must initiate a
75.22background study to be completed by the commissioner under chapter 245C may have
75.23access to the criminal history and history of child and adult maltreatment on the following
75.24individuals:
75.25    (1) a noncustodial parent or nonadjudicated parent who is being assessed for
75.26purposes of providing day-to-day care of a child temporarily or permanently under section
75.27260C.212, subdivision 4 , and any member of the parent's household who is over the age of
75.2813 when there is a reasonable cause to believe that the parent or household member over
75.29age 13 has a criminal history or a history of maltreatment of a child or vulnerable adult
75.30which would endanger the child's health, safety, or welfare;
75.31    (2) an individual whose suitability for relative placement under section 260C.212,
75.32subdivision 5 , is being determined and any member of the relative's household who is
75.33over the age of 13 when:
75.34    (i) the relative must be licensed for foster care; or
75.35    (ii) the background study is required under section 259.53, subdivision 2; or
76.1    (iii) the agency or the commissioner has reasonable cause to believe the relative
76.2or household member over the age of 13 has a criminal history which would not make
76.3transfer of permanent legal and physical custody to the relative under section 260C.201,
76.4subdivision 11 , in the child's best interest; and
76.5    (3) a parent, following an out-of-home placement, when the responsible social
76.6services agency has reasonable cause to believe that the parent has been convicted of a
76.7crime directly related to the parent's capacity to maintain the child's health, safety, or
76.8welfare or the parent is the subject of an open investigation of, or has been the subject
76.9of a substantiated allegation of, child or vulnerable-adult maltreatment within the past
76.10ten years.
76.11"Reasonable cause" means that the agency has received information or a report from the
76.12subject or a third person that creates an articulable suspicion that the individual has a
76.13history that may pose a risk to the health, safety, or welfare of the child. The information
76.14or report must be specific to the potential subject of the background check and shall not
76.15be based on the race, religion, ethnic background, age, class, or lifestyle of the potential
76.16subject.

76.17    Sec. 35. Minnesota Statutes 2007 Supplement, section 260C.209, subdivision 2,
76.18is amended to read:
76.19    Subd. 2. General procedures. (a) When initiating a background check accessing
76.20information under subdivision 1, the agency shall require the individual being assessed
76.21to provide sufficient information to ensure an accurate assessment under this section,
76.22including:
76.23    (1) the individual's first, middle, and last name and all other names by which the
76.24individual has been known;
76.25    (2) home address, zip code, city, county, and state of residence for the past five years;
76.26    (3) sex;
76.27    (4) date of birth; and
76.28    (5) driver's license number or state identification number.
76.29    (b) When notified by the commissioner or the responsible social services agency that
76.30it is conducting an assessment under this section accessing information under subdivision
76.311, the Bureau of Criminal Apprehension, commissioners of health and human services,
76.32law enforcement, and county agencies must provide the commissioner or the responsible
76.33social services agency or county attorney with the following information on the individual
76.34being assessed: criminal history data, local law enforcement data about the household,
77.1reports about the maltreatment of adults substantiated under section 626.557, and reports
77.2of maltreatment of minors substantiated under section 626.556.

77.3    Sec. 36. Minnesota Statutes 2007 Supplement, section 260C.209, is amended by
77.4adding a subdivision to read:
77.5    Subd. 5. Assessment for emergency relative placement. The responsible social
77.6services agency may obtain household members' criminal history and the history of
77.7maltreatment of a child or adult and use the history to assess whether putting the child
77.8in the household would endanger the child's health, safety, or welfare and to assess the
77.9suitability of a relative prior to an emergency placement. This assessment does not
77.10substitute for the background study required under chapter 245C and does not supersede
77.11requirements related to emergency placement under section 245A.035.

77.12    Sec. 37. Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 1,
77.13is amended to read:
77.14    Subdivision 1. Out-of-home placement; plan. (a) An out-of-home placement plan
77.15shall be prepared within 30 days after any child is placed in a residential facility foster
77.16care by court order or by the a voluntary release of the child by placement agreement
77.17between the responsible social services agency and the child's parent or parents pursuant
77.18to subdivision 8 or chapter 260D.
77.19    For purposes of this section, a residential facility means any group home, family
77.20foster home or other publicly supported out-of-home residential facility, including any
77.21out-of-home residential facility under contract with the state, county or other political
77.22subdivision, or any agency thereof, to provide those services or foster care as defined in
77.23section 260C.007, subdivision 18.
77.24    (b) An out-of-home placement plan means a written document which is prepared by
77.25the responsible social services agency jointly with the parent or parents or guardian of the
77.26child and in consultation with the child's guardian ad litem, the child's tribe, if the child is
77.27an Indian child, the child's foster parent or representative of the residential facility, and,
77.28where appropriate, the child. For a child in placement due solely or in part to the child's
77.29emotional disturbance voluntary foster care for treatment under chapter 260D, preparation
77.30of the out-of-home placement plan shall additionally include the child's mental health
77.31treatment provider. As appropriate, the plan shall be:
77.32    (1) submitted to the court for approval under section 260C.178, subdivision 7;
77.33    (2) ordered by the court, either as presented or modified after hearing, under section
77.34260C.178, subdivision 7 , or 260C.201, subdivision 6; and
78.1    (3) signed by the parent or parents or guardian of the child, the child's guardian ad
78.2litem, a representative of the child's tribe, the responsible social services agency, and, if
78.3possible, the child.
78.4    (c) The out-of-home placement plan shall be explained to all persons involved in its
78.5implementation, including the child who has signed the plan, and shall set forth:
78.6    (1) a description of the residential facility including how the out-of-home placement
78.7plan is designed to achieve a safe placement for the child in the least restrictive, most
78.8family-like, setting available which is in close proximity to the home of the parent or
78.9parents or guardian of the child when the case plan goal is reunification, and how the
78.10placement is consistent with the best interests and special needs of the child according to
78.11the factors under subdivision 2, paragraph (b);
78.12    (2) the specific reasons for the placement of the child in a residential facility, and
78.13when reunification is the plan, a description of the problems or conditions in the home of
78.14the parent or parents which necessitated removal of the child from home and the changes
78.15the parent or parents must make in order for the child to safely return home;
78.16    (3) a description of the services offered and provided to prevent removal of the child
78.17from the home and to reunify the family including:
78.18    (i) the specific actions to be taken by the parent or parents of the child to eliminate
78.19or correct the problems or conditions identified in clause (2), and the time period during
78.20which the actions are to be taken; and
78.21    (ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
78.22to achieve a safe and stable home for the child including social and other supportive
78.23services to be provided or offered to the parent or parents or guardian of the child, the
78.24child, and the residential facility during the period the child is in the residential facility;
78.25    (4) a description of any services or resources that were requested by the child or the
78.26child's parent, guardian, foster parent, or custodian since the date of the child's placement
78.27in the residential facility, and whether those services or resources were provided and if
78.28not, the basis for the denial of the services or resources;
78.29    (5) the visitation plan for the parent or parents or guardian, other relatives as defined
78.30in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed
78.31together in the residential facility foster care, and whether visitation is consistent with the
78.32best interest of the child, during the period the child is in the residential facility foster care;
78.33    (6) documentation of steps to finalize the adoption or legal guardianship of the child
78.34if the court has issued an order terminating the rights of both parents of the child or of the
78.35only known, living parent of the child. At a minimum, the documentation must include
78.36child-specific recruitment efforts such as relative search and the use of state, regional, and
79.1national adoption exchanges to facilitate orderly and timely placements in and outside
79.2of the state. A copy of this documentation shall be provided to the court in the review
79.3required under section 260C.317, subdivision 3, paragraph (b);
79.4    (7) the health and educational records of the child including the most recent
79.5information available regarding:
79.6    (i) the names and addresses of the child's health and educational providers;
79.7    (ii) the child's grade level performance;
79.8    (iii) the child's school record;
79.9    (iv) assurances that the child's placement in foster care takes into account proximity
79.10to the school in which the child is enrolled at the time of placement;
79.11    (v) a record of the child's immunizations;
79.12    (vi) the child's known medical problems, including any known communicable
79.13diseases, as defined in section 144.4172, subdivision 2;
79.14    (vii) the child's medications; and
79.15    (viii) any other relevant health and education information;
79.16    (8) an independent living plan for a child age 16 or older who is in placement as
79.17a result of a permanency disposition. The plan should include, but not be limited to,
79.18the following objectives:
79.19    (i) educational, vocational, or employment planning;
79.20    (ii) health care planning and medical coverage;
79.21    (iii) transportation including, where appropriate, assisting the child in obtaining a
79.22driver's license;
79.23    (iv) money management;
79.24    (v) planning for housing;
79.25    (vi) social and recreational skills; and
79.26    (vii) establishing and maintaining connections with the child's family and
79.27community; and
79.28    (9) for a child in placement due solely or in part to the child's emotional disturbance
79.29voluntary foster care for treatment under chapter 260D, diagnostic and assessment
79.30information, specific services relating to meeting the mental health care needs of the
79.31child, and treatment outcomes.
79.32    (d) The parent or parents or guardian and the child each shall have the right to legal
79.33counsel in the preparation of the case plan and shall be informed of the right at the time
79.34of placement of the child. The child shall also have the right to a guardian ad litem.
79.35If unable to employ counsel from their own resources, the court shall appoint counsel
79.36upon the request of the parent or parents or the child or the child's legal guardian. The
80.1parent or parents may also receive assistance from any person or social services agency
80.2in preparation of the case plan.
80.3    After the plan has been agreed upon by the parties involved or approved or ordered
80.4by the court, the foster parents shall be fully informed of the provisions of the case plan
80.5and shall be provided a copy of the plan.
80.6    Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
80.7physical custodian, as appropriate, and the child, if appropriate, must be provided with
80.8a current copy of the child's health and education record.

80.9    Sec. 38. Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 4,
80.10is amended to read:
80.11    Subd. 4. Responsible social service agency's duties for children in placement.
80.12    (a) When a child is in placement foster care, the responsible social services agency shall
80.13make diligent efforts to identify, locate, and, where appropriate, offer services to both
80.14parents of the child.
80.15    (1) The responsible social services agency shall assess whether a noncustodial or
80.16nonadjudicated parent is willing and capable of providing for the day-to-day care of the
80.17child temporarily or permanently. An assessment under this clause may include, but
80.18is not limited to, obtaining information under section 260C.209. If after assessment,
80.19the responsible social services agency determines that a noncustodial or nonadjudicated
80.20parent is willing and capable of providing day-to-day care of the child, the responsible
80.21social services agency may seek authority from the custodial parent or the court to have
80.22that parent assume day-to-day care of the child. If a parent is not an adjudicated parent,
80.23the responsible social services agency shall require the nonadjudicated parent to cooperate
80.24with paternity establishment procedures as part of the case plan.
80.25    (2) If, after assessment, the responsible social services agency determines that the
80.26child cannot be in the day-to-day care of either parent, the agency shall:
80.27    (i) prepare an out-of-home placement plan addressing the conditions that each parent
80.28must meet before the child can be in that parent's day-to-day care; and
80.29    (ii) provide a parent who is the subject of a background study under section
80.30260C.209 15 days' notice that it intends to use the study to recommend against putting the
80.31child with that parent, as well as the notice provided in section 260C.209, subdivision 4,
80.32and the court shall afford the parent an opportunity to be heard concerning the study.
80.33    The results of a background study of a noncustodial parent shall not be used by the
80.34agency to determine that the parent is incapable of providing day-to-day care of the child
81.1unless the agency reasonably believes that placement of the child into the home of that
81.2parent would endanger the child's health, safety, or welfare.
81.3    (3) If, after the provision of services following an out-of-home placement plan under
81.4this section, the child cannot return to the care of the parent from whom the child was
81.5removed or who had legal custody at the time the child was placed in foster care, the
81.6agency may petition on behalf of a noncustodial parent to establish legal custody with
81.7that parent under section 260C.201, subdivision 11. If paternity has not already been
81.8established, it may be established in the same proceeding in the manner provided for
81.9under chapter 257.
81.10    (4) The responsible social services agency may be relieved of the requirement to
81.11locate and offer services to both parents by the juvenile court upon a finding of good cause
81.12after the filing of a petition under section 260C.141.
81.13    (b) The responsible social services agency shall give notice to the parent or parents
81.14or guardian of each child in a residential facility foster care, other than a child in placement
81.15due solely to that child's developmental disability or emotional disturbance voluntary
81.16foster care for treatment under chapter 260D, of the following information:
81.17    (1) that residential care of the child child's placement in foster care may result in
81.18termination of parental rights or an order permanently placing the child out of the custody
81.19of the parent, but only after notice and a hearing as required under chapter 260C and
81.20the juvenile court rules;
81.21    (2) time limits on the length of placement and of reunification services, including
81.22the date on which the child is expected to be returned to and safely maintained in the
81.23home of the parent or parents or placed for adoption or otherwise permanently removed
81.24from the care of the parent by court order;
81.25    (3) the nature of the services available to the parent;
81.26    (4) the consequences to the parent and the child if the parent fails or is unable to use
81.27services to correct the circumstances that led to the child's placement;
81.28    (5) the first consideration for placement with relatives;
81.29    (6) the benefit to the child in getting the child out of residential foster care as soon
81.30as possible, preferably by returning the child home, but if that is not possible, through a
81.31permanent legal placement of the child away from the parent;
81.32    (7) when safe for the child, the benefits to the child and the parent of maintaining
81.33visitation with the child as soon as possible in the course of the case and, in any event,
81.34according to the visitation plan under this section; and
81.35    (8) the financial responsibilities and obligations, if any, of the parent or parents for
81.36the support of the child during the period the child is in the residential facility foster care.
82.1    (c) The responsible social services agency shall inform a parent considering
82.2voluntary placement of a child who is not developmentally disabled or emotionally
82.3disturbed under subdivision 8, of the following information:
82.4    (1) the parent and the child each has a right to separate legal counsel before signing a
82.5voluntary placement agreement, but not to counsel appointed at public expense;
82.6    (2) the parent is not required to agree to the voluntary placement, and a parent
82.7who enters a voluntary placement agreement may at any time request that the agency
82.8return the child. If the parent so requests, the child must be returned within 24 hours of
82.9the receipt of the request;
82.10    (3) evidence gathered during the time the child is voluntarily placed may be used
82.11at a later time as the basis for a petition alleging that the child is in need of protection
82.12or services or as the basis for a petition seeking termination of parental rights or other
82.13permanent placement of the child away from the parent;
82.14    (4) if the responsible social services agency files a petition alleging that the child is
82.15in need of protection or services or a petition seeking the termination of parental rights
82.16or other permanent placement of the child away from the parent, the parent would have
82.17the right to appointment of separate legal counsel and the child would have a right to the
82.18appointment of counsel and a guardian ad litem as provided by law, and that counsel will
82.19be appointed at public expense if they are unable to afford counsel; and
82.20    (5) the timelines and procedures for review of voluntary placements under
82.21subdivision 3, and the effect the time spent in voluntary placement on the scheduling of a
82.22permanent placement determination hearing under section 260C.201, subdivision 11.
82.23    (d) When an agency accepts a child for placement, the agency shall determine
82.24whether the child has had a physical examination by or under the direction of a licensed
82.25physician within the 12 months immediately preceding the date when the child came into
82.26the agency's care. If there is documentation that the child has had an examination within
82.27the last 12 months, the agency is responsible for seeing that the child has another physical
82.28examination within one year of the documented examination and annually in subsequent
82.29years. If the agency determines that the child has not had a physical examination within
82.30the 12 months immediately preceding placement, the agency shall ensure that the child
82.31has an examination within 30 days of coming into the agency's care and once a year
82.32in subsequent years.
82.33    (e) Whether under state guardianship or not, if a child leaves foster care by reason
82.34of having attained the age of majority under state law, the child must be given at no cost
82.35a copy of the child's health social and medical history, as defined in section 259.43, and
82.36education report.

83.1    Sec. 39. Minnesota Statutes 2006, section 260C.212, is amended by adding a
83.2subdivision to read:
83.3    Subd. 4a. Monthly caseworker visits with children in foster care. (a) Every
83.4child in foster care or on a trial home visit shall be visited by the child's caseworker on
83.5a monthly basis, with the majority of visits occurring in the child's residence. For the
83.6purposes of this section, the following definitions apply:
83.7    (1) "visit" is defined as a face-to-face contact between a child and the child's
83.8caseworker;
83.9    (2) "visited on a monthly basis" is defined as at least one visit per calendar month;
83.10    (3) "the child's caseworker" is defined as the person who has responsibility for
83.11managing the child's foster care placement case as assigned by the responsible social
83.12service agency; and
83.13    (4) "the child's residence" is defined as the home where the child is residing, and
83.14can include the foster home, child care institution, or the home from which the child was
83.15removed if the child is on a trial home visit.
83.16    (b) Caseworker visits shall be of sufficient substance and duration to address issues
83.17pertinent to case planning and service delivery to ensure the safety, permanency, and
83.18well-being of the child.

83.19    Sec. 40. Minnesota Statutes 2006, section 260C.212, subdivision 7, is amended to read:
83.20    Subd. 7. Administrative or court review of placements. (a) There shall be
83.21an administrative review of the out-of-home placement plan of each child placed in a
83.22residential facility foster care no later than 180 days after the initial placement of the child
83.23in a residential facility foster care and at least every six months thereafter if the child is not
83.24returned to the home of the parent or parents within that time. The out-of-home placement
83.25plan must be monitored and updated at each administrative review. The administrative
83.26review shall be conducted by the responsible social services agency using a panel of
83.27appropriate persons at least one of whom is not responsible for the case management of,
83.28or the delivery of services to, either the child or the parents who are the subject of the
83.29review. The administrative review shall be open to participation by the parent or guardian
83.30of the child and the child, as appropriate.
83.31    (b) As an alternative to the administrative review required in paragraph (a), the
83.32social services agency responsible for the placement may bring a petition as provided in
83.33section 260C.141, subdivision 2, to the court for review of the foster care to determine if
83.34placement is in the best interests of the child. This petition must be brought to the court in
83.35order for a court determination to be made regarding the best interests of the child within
84.1the applicable six months and is not in lieu of the requirements contained in subdivision
84.23 or 4. may, as part of any hearing required under the Minnesota Rules of Juvenile
84.3Protection Procedure, conduct a hearing to monitor and update the out-of-home placement
84.4plan pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph
84.5(d). The party requesting review of the out-of-home placement plan shall give parties to
84.6the proceeding notice of the request to review and update the out-of-home placement
84.7plan. A court review conducted pursuant to section 260C.193; 260C.201, subdivision
84.81 or 11 , or section; 260C.141, subdivision 2, or 2a, clause (2); or 260C.317 shall satisfy
84.9the requirement for an administrative the review so long as the other requirements of
84.10this section are met.
84.11    (b) (c) At the review required under paragraph (a), the reviewing administrative body
84.12As appropriate to the stage of the proceedings and relevant court orders, the responsible
84.13social services agency or the court shall review:
84.14    (1) the safety, permanency needs, and well-being of the child;
84.15    (2) the continuing necessity for and appropriateness of the placement;
84.16    (3) the extent of compliance with the out-of-home placement plan;
84.17    (4) where appropriate, the extent of progress which has been made toward alleviating
84.18or mitigating the causes necessitating placement in a residential facility foster care;
84.19    (5) where appropriate, the projected date by which the child may be returned to and
84.20safely maintained in the home or placed permanently away from the care of the parent or
84.21parents or guardian; and
84.22    (6) the appropriateness of the services provided to the child.
84.23    (d) When a child is age 16 or older, in addition to any administrative review
84.24conducted by the agency, at the review required under section 260C.201, subdivision 11,
84.25paragraph (d), clause (3), item (iii); or 260C.317, subdivision 3, clause (3), the court shall
84.26review the independent living plan required under subdivision 1, paragraph (c), clause
84.27(8), and the provision of services to the child related to the well-being of the child as the
84.28child prepares to leave foster care. The review shall include the actual plans related to
84.29each item in the plan necessary to the child's future safety and well-being when the child is
84.30no longer in foster care.
84.31    (1) At the court review, the responsible social services agency shall establish that it
84.32has given the notice required under Minnesota Rules, part 9560.0060, regarding the right
84.33to continued access to services for certain children in foster care past age 18 and of the
84.34right to appeal a denial of social services under section 256.245. If the agency is unable
84.35to establish that the notice, including the right to appeal a denial of social services, has
84.36been given, the court shall require the agency to give it.
85.1    (2) The court shall make findings regarding progress toward or accomplishment of
85.2the following goals:
85.3    (i) the child has obtained a high school diploma or its equivalent;
85.4    (ii) the child has completed a driver's education course or has demonstrated the
85.5ability to use public transportation in the child's community;
85.6    (iii) the child is employed or enrolled in postsecondary education;
85.7    (iv) the child has applied for and obtained postsecondary education financial aid for
85.8which the child is eligible;
85.9    (v) the child has health care coverage and health care providers to meet the child's
85.10physical and mental health needs;
85.11    (vi) the child has applied for and obtained disability income assistance for which
85.12the child is eligible;
85.13    (vii) the child has obtained affordable housing with necessary supports, which does
85.14not include a homeless shelter;
85.15    (viii) the child has saved sufficient funds to pay for the first month's rent and a
85.16damage deposit;
85.17    (ix) the child has an alternative affordable housing plan, which does not include a
85.18homeless shelter, if the original housing plan is unworkable;
85.19    (x) the child, if male, has registered for the Selective Service; and
85.20    (xi) the child has a permanent connection to a caring adult.
85.21    (3) The court shall ensure that the responsible agency in conjunction with the
85.22placement provider assists the child in obtaining the following documents prior to the
85.23child's leaving foster care: a Social Security card; the child's birth certificate; a state
85.24identification card or driver's license, green card, or school visa; the child's school,
85.25medical, and dental records; a contact list of the child's medical, dental, and mental health
85.26providers; and contact information for the child's siblings, if the siblings are in foster care.

85.27    Sec. 41. Minnesota Statutes 2006, section 260C.212, subdivision 8, is amended to read:
85.28    Subd. 8. Review of Voluntary placements foster care; required court review.
85.29    Except for a child in placement due solely to the child's developmental disability or
85.30emotional disturbance, if When the responsible social services agency and the child's
85.31parent or guardian agree that the child's safety, health, and best interests require that the
85.32child be in foster care, the agency and the parent or guardian may enter into a voluntary
85.33agreement for the placement of the child in foster care. The voluntary agreement must be
85.34in writing and in a form approved by the commissioner. When the child has been placed in
85.35a residential facility foster care pursuant to a voluntary release by foster care agreement
86.1between the agency and the parent or parents, under this subdivision and the child is not
86.2returned home within 90 days after initial placement in the residential facility foster care,
86.3the social services agency responsible for the child's placement in foster care shall:
86.4    (1) return the child to the home of the parent or parents; or
86.5    (2) file a petition according to section 260C.141, subdivision 1 or 2, which may:
86.6    (i) ask the court to review the child's placement in foster care and approve it as
86.7continued voluntary foster care for up to an additional 90 days;
86.8    (ii) ask the court to order continued out-of-home placement foster care according to
86.9sections 260C.178 and 260C.201; or
86.10    (iii) ask the court to terminate parental rights under section 260C.301.
86.11    The out-of-home placement plan must be updated and filed along with the petition.
86.12    If the court approves continued out-of-home placement continuing the child in foster
86.13care for up to 90 more days on a voluntary basis, at the end of the court-approved 90-day
86.14period, the child must be returned to the parent's home. If the child is not returned home,
86.15the responsible social services agency must proceed on the petition filed alleging the child
86.16in need of protection or services or the petition for termination of parental rights or other
86.17permanent placement of the child away from the parent. The court must find a statutory
86.18basis to order the placement of the child under section 260C.178; 260C.201; or 260C.317.

86.19    Sec. 42. Minnesota Statutes 2006, section 260C.325, subdivision 1, is amended to read:
86.20    Subdivision 1. Transfer of custody. (a) If the court terminates parental rights of
86.21both parents or of the only known living parent, the court shall order the guardianship and
86.22the legal custody of the child transferred to:
86.23    (a) (1) the commissioner of human services; or
86.24    (b) (2) a licensed child-placing agency; or
86.25    (c) (3) an individual who is willing and capable of assuming the appropriate duties
86.26and responsibilities to the child.
86.27    (b) The court shall order transfer of guardianship and legal custody of a child to
86.28the commissioner of human services only when the responsible county social services
86.29agency had legal responsibility for planning for the permanent placement of the child and
86.30the child was in foster care under the legal responsibility of the responsible county social
86.31services agency at the time the court orders guardianship and legal custody transferred to
86.32the commissioner.

86.33    Sec. 43. Minnesota Statutes 2006, section 260C.325, subdivision 3, is amended to read:
87.1    Subd. 3. Both parents deceased. (a) If upon petition to the juvenile court by a
87.2reputable person, including but not limited to an agent of the commissioner of human
87.3services, and upon hearing in the manner provided in section 260C.163, the court finds
87.4that both parents or the only known legal parent are or is deceased and no appointment has
87.5been made or petition for appointment filed pursuant to sections 524.5-201 to 524.5-317,
87.6the court shall order the guardianship and legal custody of the child transferred to:
87.7    (a) (1) the commissioner of human services;
87.8    (b) (2) a licensed child-placing agency; or
87.9    (c) (3) an individual who is willing and capable of assuming the appropriate duties
87.10and responsibilities to the child.
87.11    (b) The court shall order transfer of guardianship and legal custody of a child to the
87.12commissioner of human services only if there is no individual who is willing and capable
87.13of assuming the appropriate duties and responsibilities to the child.

87.14    Sec. 44. [260D.001] CHILD IN VOLUNTARY FOSTER CARE FOR
87.15TREATMENT.
87.16    (a) Sections 260D.001 to 260D.301, may be cited as the "child in voluntary foster
87.17care for treatment" provisions of the Juvenile Court Act.
87.18    (b) The juvenile court has original and exclusive jurisdiction over a child in
87.19voluntary foster care for treatment upon the filing of a report or petition required under
87.20this chapter. All obligations of the agency to a child and family in foster care contained in
87.21chapter 260C not inconsistent with this chapter are also obligations of the agency with
87.22regard to a child in foster care for treatment under this chapter.
87.23    (c) This chapter shall be construed consistently with the mission of the children's
87.24mental health service system as set out in section 245.487, subdivision 3, and the duties of
87.25an agency under section 256B.092, and Minnesota Rules, parts 9525.0004 to 9525.0016,
87.26to meet the needs of a child with a developmental disability or related condition. This
87.27chapter:
87.28    (1) establishes voluntary foster care through a voluntary foster care agreement as the
87.29means for an agency and a parent to provide needed treatment when the child must be in
87.30foster care to receive necessary treatment for an emotional disturbance or developmental
87.31disability or related condition;
87.32    (2) establishes court review requirements for a child in voluntary foster care for
87.33treatment due to emotional disturbance or developmental disability or a related condition;
87.34    (3) establishes the ongoing responsibility of the parent as legal custodian to visit the
87.35child, to plan together with the agency for the child's treatment needs, to be available and
88.1accessible to the agency to make treatment decisions, and to obtain necessary medical,
88.2dental, and other care for the child; and
88.3    (4) applies to voluntary foster care when the child's parent and the agency agree that
88.4the child's treatment needs require foster care either:
88.5    (i) due to a level of care determination by the agency's screening team informed by
88.6the diagnostic and functional assessment under section 245.4885; or
88.7    (ii) due to a determination regarding the level of services needed by the responsible
88.8social services' screening team under section 256B.092, and Minnesota Rules, parts
88.99525.0004 to 9525.0016.
88.10    (d) This chapter does not apply when there is a current determination under section
88.11626.556 that the child requires child protective services or when the child is in foster care
88.12for any reason other than treatment for the child's emotional disturbance or developmental
88.13disability or related condition. When there is a determination under section 626.556 that
88.14the child requires child protective services based on an assessment that there are safety
88.15and risk issues for the child that have not been mitigated through the parent's engagement
88.16in services or otherwise, or when the child is in foster care for any reason other than
88.17the child's emotional disturbance or developmental disability or related condition, the
88.18provisions of chapter 260C apply.
88.19    (e) The paramount consideration in all proceedings concerning a child in voluntary
88.20foster care for treatment is the safety, health, and the best interests of the child. The
88.21purpose of this chapter is:
88.22    (1) to ensure a child with a disability is provided the services necessary to treat or
88.23ameliorate the symptoms of the child's disability;
88.24    (2) to preserve and strengthen the child's family ties whenever possible and in the
88.25child's best interests, approving the child's placement away from the child's parents only
88.26when the child's need for care or treatment requires it and the child cannot be maintained
88.27in the home of the parent; and
88.28    (3) to ensure the child's parent retains legal custody of the child and associated
88.29decision-making authority unless the child's parent willfully fails or is unable to make
88.30decisions that meet the child's safety, health, and best interests. The court may not find
88.31that the parent willfully fails or is unable to make decisions that meet the child's needs
88.32solely because the parent disagrees with the agency's choice of foster care facility, unless
88.33the agency files a petition under chapter 260C, and establishes by clear and convincing
88.34evidence that the child is in need of protection or services.
88.35    (f) The legal parent-child relationship shall be supported under this chapter by
88.36maintaining the parent's legal authority and responsibility for ongoing planning for the
89.1child and by the agency's assisting the parent, where necessary, to exercise the parent's
89.2ongoing right and obligation to visit or to have reasonable contact with the child. Ongoing
89.3planning means:
89.4    (1) actively participating in the planning and provision of educational services,
89.5medical, and dental care for the child;
89.6    (2) actively planning and participating with the agency and the foster care facility
89.7for the child's treatment needs; and
89.8    (3) planning to meet the child's need for safety, stability, and permanency, and the
89.9child's need to stay connected to the child's family and community.
89.10    (g) The provisions of section 260.012 to ensure placement prevention, family
89.11reunification, and all active and reasonable effort requirements of that section apply. This
89.12chapter shall be construed consistently with the requirements of the Indian Child Welfare
89.13Act of 1978, United States Code, title 25, section 1901, et. al., and the provisions of the
89.14Minnesota Indian Family Preservation Act, sections 260.751 to 260.835.

89.15    Sec. 45. [260D.005] DEFINITIONS.
89.16    Subdivision 1. Definitions. The definitions in this section supplement the definitions
89.17in section 260C.007. The definitions in section 260C.007 apply to this chapter and have
89.18the same meaning for purposes of this chapter as for chapter 260C.
89.19    Subd. 2. Agency. "Agency" means the responsible social services agency or
89.20a licensed child-placing agency.
89.21    Subd. 3. Case plan. "Case plan" means any plan for the delivery of services
89.22to a child and parent, or when reunification is not required, the child alone, that is
89.23developed according to the requirements of sections 245.4871, subdivision 19 or 21;
89.24245.492, subdivision 16; 256B.092; 260C.212, subdivision 1; 626.556, subdivision 10;
89.25and Minnesota Rules, parts 9525.0004 to 9525.0016.
89.26    Subd. 4. Child. "Child" means an individual under 18 years of age.
89.27    Subd. 5. Child in voluntary foster care for treatment. "Child in voluntary foster
89.28care for treatment" means a child who is emotionally disturbed or developmentally
89.29disabled or has a related condition and is in foster care under a voluntary foster care
89.30agreement between the child's parent and the agency due to concurrence between the
89.31agency and the parent that the child's level of care requires placement in foster care either:
89.32    (1) due to a determination by the agency's screening team based on its review of the
89.33diagnostic and functional assessment under section 245.4885; or
90.1    (2) due to a determination by the agency's screening team under section 256B.092
90.2and Minnesota Rules, parts 9525.0004 to 9525.0016.
90.3    A child is not in voluntary foster care for treatment under this chapter when there
90.4is a current determination under section 626.556 that the child requires child protective
90.5services or when the child is in foster care for any reason other than the child's emotional
90.6or developmental disability or related condition.
90.7    Subd. 6. Compelling reasons. "Compelling reasons" has the same meaning given
90.8in section 260C.007, subdivision 8. The agency may determine compelling reasons when
90.9the child is in foster care for treatment and no grounds to terminate parental rights exist
90.10because the child must be in placement to access treatment, the child's individual treatment
90.11needs cannot be met in the childs' home or through community-based care, and the parent
90.12continues to be responsible for planning together with the agency for the child's needs and
90.13maintains appropriate contact with the child.
90.14    Subd. 7. Court. "Court" means juvenile court unless otherwise specified in this
90.15section.
90.16    Subd. 8. Development disability. "Developmental disability" means developmental
90.17disability as defined in United States Code, title 42, section 6001(8).
90.18    Subd. 9. Emotionally disturbed or emotional disturbance. "Emotionally
90.19disturbed" or "emotional disturbance" means emotional disturbance as described in
90.20section 245.4871, subdivision 15.
90.21    Subd. 10. Foster care. "Foster care" means 24-hour substitute care for children
90.22placed away from their parents and for whom an agency has placement and care
90.23responsibility. Foster care includes, but is not limited to, placement in foster family homes,
90.24foster homes of relatives, group homes, emergency shelters, residential facilities not
90.25excluded in this subdivision, child care institutions, and preadoptive homes. A child is in
90.26foster care under this definition, regardless of whether the facility is licensed and payments
90.27are made for the cost of care. Nothing in this definition creates any authority to place a
90.28child in a home or facility that is required to be licensed that is not licensed. Foster care
90.29does not include placement in any of the following facilities: hospitals, inpatient chemical
90.30dependency treatment facilities, facilities that are primarily for delinquent children,
90.31any corrections facility or program within a particular corrections facility not meeting
90.32requirements for Title IV-E facilities as determined by the commissioner, facilities to
90.33which a child is committed under the provision of chapter 253B, forestry camps, or jails.
90.34    Subd. 11. Legal authority to place the child. "Legal authority to place the child"
90.35means the agency has legal responsibility for the care and control of the child while the
91.1child is in foster care. The agency may acquire legal authority to place a child through
91.2a voluntary placement agreement between the agency and the child's parent under this
91.3chapter. Legal authority to place the child does not mean the agency has authority to make
91.4major life decisions regarding the child, including major medical decisions. A parent with
91.5legal custody of the child continues to have legal authority to make major life decisions
91.6regarding the child, including major medical decisions.
91.7    Subd. 12. Minor. "Minor" means an individual under 18 years of age.
91.8    Subd. 13. Parent. "Parent" means the birth or adoptive parent of a minor. Parent
91.9also means the child's legal guardian or any individual who has legal authority to
91.10make decisions and plans for the child. For an Indian child, parent includes any Indian
91.11person who has adopted a child by tribal law or custom, as provided in section 260.755,
91.12subdivision 14.
91.13    Subd. 14. Reasonable efforts to finalize a permanent plan for the child.
91.14    "Reasonable efforts to finalize a permanent plan for the child" has the same meaning under
91.15this chapter as provided in section 260.012, paragraph (e).

91.16    Sec. 46. [260D.101] VOLUNTARY FOSTER CARE.
91.17    Subdivision 1. Voluntary foster care. When the agency's screening team, based
91.18upon the diagnostic and functional assessment under section 245.4885 or 256B.092,
91.19subdivision 7, determines the child's need for treatment due to emotional disturbance or
91.20developmental disability or related condition requires foster care placement of the child,
91.21a voluntary foster care agreement between the child's parent and the agency gives the
91.22agency legal authority to place the child in foster care.
91.23    Subd. 2. Voluntary foster care agreement. A voluntary foster care agreement
91.24shall be used to provide the agency the legal authority to place a child in foster care for
91.25treatment due to the child's disability. The agreement must be in writing and signed by
91.26both the child's parent and the agency. The agreement must be in a form approved by the
91.27commissioner of human services, and shall contain notice to parents of the consequences
91.28to the parent and to the child of being in voluntary foster care.

91.29    Sec. 47. [260D.102] REQUIRED INFORMATION FOR A CHILD IN
91.30VOLUNTARY FOSTER CARE FOR TREATMENT.
91.31    An agency with authority to place a child in voluntary foster care for treatment due
91.32to emotional disturbance or developmental disability or related condition, shall inform the
91.33child, age 12 or older, of the following:
92.1    (1) the child has the right to be consulted in the preparation of the out-of-home
92.2placement plan required under section 260C.212, subdivision 1, and the administrative
92.3review required under section 260C.212, subdivision 7;
92.4    (2) the child has the right to visit the parent and the right to visit the child's siblings
92.5as determined safe and appropriate by the parent and the agency;
92.6    (3) if the child disagrees with the foster care facility or services provided under
92.7the out-of-home placement plan required under section 260C.212, subdivision 1, the
92.8agency shall include information about the nature of the child's disagreement and, to the
92.9extent possible, the agency's understanding of the basis of the child's disagreement in the
92.10information provided to the court in the report required under section 260D.105; and
92.11    (4) the child has the rights established under Minnesota Rules, part 2960.0050, as a
92.12resident of a facility licensed by the state.

92.13    Sec. 48. [260D.103] ADMINISTRATIVE REVIEW OF CHILD IN VOLUNTARY
92.14FOSTER CARE FOR TREATMENT.
92.15    The administrative reviews required under section 260C.212, subdivision 7, must
92.16be conducted for a child in voluntary foster care for treatment, except that the initial
92.17administrative review must take place prior to the submission of the report to the court
92.18required under section 260D.105, subdivision 2.

92.19    Sec. 49. [260D.105] AGENCY REPORT TO THE COURT AND COURT
92.20REVIEW OF CHILD IN VOLUNTARY FOSTER CARE FOR TREATMENT DUE
92.21TO DISABILITY.
92.22    Subdivision 1. Judicial review. In the case of a child in voluntary foster care for
92.23treatment due to disability under section 260D.101, the agency shall obtain judicial review
92.24of the child's voluntary foster care placement within 165 days of the placement.
92.25    Subd. 2. Agency report to court; court review. The agency shall obtain judicial
92.26review by reporting to the court according to the following procedures:
92.27    (a) A written report shall be forwarded to the court within 165 days of the date of the
92.28voluntary placement agreement. The written report shall contain or have attached:
92.29    (1) a statement of facts that necessitate the child's foster care placement;
92.30    (2) the child's name, date of birth, race, gender, and current address;
92.31    (3) the names, race, date of birth, residence, and post office addresses of the child's
92.32parents or legal custodian;
93.1    (4) a statement regarding the child's eligibility for membership or enrollment in an
93.2Indian tribe and the agency's compliance with applicable provisions of sections 260.751 to
93.3260.835;
93.4    (5) the names and addresses of the foster parents or chief administrator of the facility
93.5in which the child is placed, if the child is not in a family foster home or group home;
93.6    (6) a copy of the out-of-home placement plan required under section 260C.212,
93.7subdivision 1;
93.8    (7) a written summary of the proceedings of any administrative review required
93.9under section 260C.212, subdivision 7; and
93.10    (8) any other information the agency, parent or legal custodian, the child or the foster
93.11parent, or other residential facility wants the court to consider.
93.12    (b) In the case of a child in placement due to emotional disturbance, the written
93.13report shall include as an attachment, the child's individual treatment plan developed by
93.14the child's treatment professional, as provided in section 245.4871, subdivision 21, or
93.15the child's individual interagency intervention plan, as provided in section 125A.023,
93.16subdivision 3, paragraph (c).
93.17    (c) In the case of a child in placement due to developmental disability or a related
93.18condition, the written report shall include as an attachment, the child's individual service
93.19plan, as provided in section 256B.092, subdivision 1b; the child's individual program
93.20plan, as provided in Minnesota Rules, part 9525.0004, subpart 11; the child's waiver
93.21care plan; or the child's individual interagency intervention plan, as provided in section
93.22125A.023, subdivision 3, paragraph (c).
93.23    (d) The agency must inform the child, age 12 or older, the child's parent, and the
93.24foster parent or foster care facility of the reporting and court review requirements of this
93.25section and of their right to submit information to the court:
93.26    (1) if the child or the child's parent or the foster care provider wants to send
93.27information to the court, the agency shall advise those persons of the reporting date and the
93.28date by which the agency must receive the information they want forwarded to the court so
93.29the agency is timely able submit it with the agency's report required under this subdivision;
93.30    (2) the agency must also inform the child, age 12 or older, the child's parent, and
93.31the foster care facility that they have the right to be heard in person by the court and
93.32how to exercise that right;
93.33    (3) the agency must also inform the child, age 12 or older, the child's parent, and
93.34the foster care provider that an in-court hearing will be held if requested by the child,
93.35the parent, or the foster care provider; and
94.1    (4) if, at the time required for the report under this section, a child, age 12 or older,
94.2disagrees about the foster care facility or services provided under the out-of-home
94.3placement plan required under section 260C.212, subdivision 1, the agency shall include
94.4information regarding the child's disagreement, and to the extent possible, the basis for the
94.5child's disagreement in the report required under this section.
94.6    (e) After receiving the required report, the court has jurisdiction to make the
94.7following determinations and must do so within ten days of receiving the forwarded
94.8report, whether a hearing is requested:
94.9    (1) whether the voluntary foster care arrangement is in the child's best interests;
94.10    (2) whether the parent and agency are appropriately planning for the child; and
94.11    (3) in the case of a child age 12 or older, who disagrees with the foster care facility
94.12or services provided under the out-of-home placement plan, whether it is appropriate to
94.13appoint counsel and a guardian ad litem for the child using standards and procedures
94.14under section 260C.163.
94.15    (f) Unless requested by a parent, representative of the foster care facility, or the
94.16child, no in-court hearing is required in order for the court to make findings and issue an
94.17order as required in paragraph (e).
94.18    (g) If the court finds the voluntary foster care arrangement is in the child's best
94.19interests and that the agency and parent are appropriately planning for the child, the
94.20court shall issue an order containing explicit, individualized findings to support its
94.21determination. The individualized findings shall be based on the agency's written report
94.22and other materials submitted to the court. The court may make this determination
94.23notwithstanding the child's disagreement, if any, reported under paragraph (d).
94.24    (h) The court shall send a copy of the order to the county attorney, the agency,
94.25parent, child, age 12 or older, and the foster parent or foster care facility.
94.26    (i) The court shall also send the parent, the child, age 12 or older, the foster parent, or
94.27representative of the foster care facility notice of the permanency review hearing required
94.28under section 260D.107, paragraph (e).
94.29    (j) If the court finds continuing the voluntary foster care arrangement is not in the
94.30child's best interests or that the agency or the parent are not appropriately planning for the
94.31child, the court shall notify the agency, the parent, the foster parent or foster care facility,
94.32the child, age 12 or older, and the county attorney of the court's determinations and the
94.33basis for the court's determinations. In this case, the court shall set the matter for hearing
94.34and appoint a guardian ad litem for the child under section 260C.163, subdivision 5.

94.35    Sec. 50. [260D.107] REQUIRED PERMANENCY REVIEW HEARING.
95.1    (a) When the court has found that the voluntary arrangement is in the child's best
95.2interests and that the agency and parent are appropriately planning for the child pursuant
95.3to the report submitted under section 260D.105, and the child continues in voluntary
95.4foster care as defined in section 260D.005, subdivision 10, for 13 months from the date
95.5of the voluntary foster care agreement, or has been in placement for 15 of the last 22
95.6months, the agency must:
95.7    (1) terminate the voluntary foster care agreement and return the child home; or
95.8    (2) determine whether there are compelling reasons to continue the voluntary foster
95.9care arrangement and, if the agency determines there are compelling reasons, seek judicial
95.10approval of its determination; or
95.11    (3) file a petition for the termination of parental rights.
95.12    (b) When the agency is asking for the court's approval of its determination that there
95.13are compelling reasons to continue the child in the voluntary foster care arrangement, the
95.14agency shall file a "Petition for Permanency Review Regarding a Child in Voluntary
95.15Foster Care for Treatment" and ask the court to proceed under this section.
95.16    (c) The "Petition for Permanency Review Regarding a Child in Voluntary Foster
95.17Care for Treatment" shall be drafted or approved by the county attorney and be under
95.18oath. The petition shall include:
95.19    (1) the date of the voluntary placement agreement;
95.20    (2) whether the petition is due to the child's developmental disability or emotional
95.21disturbance;
95.22    (3) the plan for the ongoing care of the child and the parent's participation in the plan;
95.23    (4) a description of the parent's visitation and contact with the child;
95.24    (5) the date of the court finding that the foster care placement was in the best
95.25interests of the child, if required under section 260D.105, or the date the agency filed the
95.26motion under section 260D.201, paragraph (b);
95.27    (6) the agency's reasonable efforts to finalize the permanent plan for the child,
95.28including returning the child to the care of the child's family; and
95.29    (7) a citation to this chapter as the basis for the petition.
95.30    (d) An updated copy of the out-of-home placement plan required under section
95.31260C.212, subdivision 1, shall be filed with the petition.
95.32    (e) The court shall set the date for the permanency review hearing no later than 14
95.33months after the child has been in placement or within 30 days of the petition filing date
95.34when the child has been in placement 15 of the last 22 months. The court shall serve the
95.35petition together with a notice of hearing by United States mail on the parent, the child
96.1age 12 or older, the child's guardian ad litem, if one has been appointed, the agency, the
96.2county attorney, and counsel for any party.
96.3    (f) The court shall conduct the permanency review hearing on the petition no later
96.4than 14 months after the date of the voluntary placement agreement, within 30 days of the
96.5filing of the petition when the child has been in placement 15 days of the last 22 months,
96.6or within 15 days of a motion to terminate jurisdiction and to dismiss an order for foster
96.7care under chapter 260C, as provided in section 260D.201, paragraph (b).
96.8    (g) At the permanency review hearing, the court shall:
96.9    (1) inquire of the parent if the parent has reviewed the "Petition for Permanency
96.10Review Regarding a Child in Voluntary Foster Care for Treatment," whether the petition is
96.11accurate, and whether the parent agrees to the continued voluntary foster care arrangement
96.12as being in the child's best interests;
96.13    (2) inquire of the parent if the parent is satisfied with the agency's reasonable efforts
96.14to finalize the permanent plan for the child, including whether there are services available
96.15and accessible to the parent that might allow the child to safely be with the child's family;
96.16    (3) inquire of the parent if the parent consents to the court entering an order that:
96.17    (i) approves the responsible agency's reasonable efforts to finalize the permanent
96.18plan for the child, which includes ongoing future planning for the safety, health, and best
96.19interests of the child; and
96.20    (ii) approves the responsible agency's determination that there are compelling reasons
96.21why the continued voluntary foster care arrangement is in the child's best interests; and
96.22    (4) inquire of the child's guardian ad litem and any other party whether the guardian
96.23or the party agrees that:
96.24    (i) the court should approve the responsible agency's reasonable efforts to finalize
96.25the permanent plan for the child, which includes ongoing and future planning for the
96.26safety, health, and best interests of the child; and
96.27    (ii) the court should approve of the responsible agency's determination that there
96.28are compelling reasons why the continued voluntary foster care arrangement is in the
96.29child's best interests.
96.30    (h) At a permanency review hearing under this section, the court may take the
96.31following actions based on the contents of the sworn petition and the consent of the parent:
96.32    (1) approve the agency's compelling reasons that the voluntary foster care
96.33arrangement is in the best interests of the child; and
96.34    (2) find that the agency has made reasonable efforts to finalize a plan for the
96.35permanent plan for the child.
97.1    (i) A child, age 12 or older, may object to the agency's request that the court approve
97.2its compelling reasons for the continued voluntary arrangement and may be heard on the
97.3reasons for the objection. Notwithstanding the child's objection, the court may approve
97.4the agency's compelling reasons and the voluntary arrangement.
97.5    (j) If the court does not approve the voluntary arrangement after hearing from the
97.6child or the child's guardian ad litem, the court shall dismiss the petition. In this case,
97.7either:
97.8    (1) the child must be returned to the care of the parent; or
97.9    (2) the agency must file a petition under section 260C.141, asking for appropriate
97.10relief under section 260C.201, subdivision 11, or 260C.301.
97.11    (k) When the court approves the agency's compelling reasons for the child to
97.12continue in voluntary foster care for treatment, and finds that the agency has made
97.13reasonable efforts to finalize a permanent plan for the child, the court shall approve the
97.14continued voluntary foster care arrangement, and continue the matter under the court's
97.15jurisdiction for the purposes of reviewing the child's placement every 12 months while
97.16the child is in foster care.
97.17    (l) A finding that the court approves the continued voluntary placement means
97.18the agency has continued legal authority to place the child while a voluntary placement
97.19agreement remains in effect. The parent or the agency may terminate a voluntary
97.20agreement as provided in section 260D.301. Termination of a voluntary foster care
97.21placement of an Indian child is governed by section 260.765, subdivision 4.

97.22    Sec. 51. [260D.109] ANNUAL REVIEW.
97.23    (a) After the court conducts a permanency review hearing under section 260D.107,
97.24the matter must be returned to the court for further review of the child's foster care
97.25placement at least every 12 months while the child is in foster care. The court shall give
97.26notice to the parent and child, age 12 or older, and the foster parents of the continued
97.27review requirements under this section at the permanency review hearing.
97.28    (b) Every 12 months, the court shall determine whether the agency made reasonable
97.29efforts to finalize the permanency plan for the child, which means the exercise of due
97.30diligence by the agency to:
97.31    (1) ensure that the agreement for voluntary foster care is the most appropriate legal
97.32arrangement to meet the child's safety, health, and best interests;
97.33    (2) engage and support the parent in continued involvement in planning and decision
97.34making for the needs of the child;
97.35    (3) strengthen the child's ties to the parent, relatives, and community;
98.1    (4) implement the out-of-home placement plan required under section 260C.212,
98.2subdivision 1, and ensure that the plan requires the provision of appropriate services to
98.3address the physical health, mental health, and educational needs of the child; and
98.4    (5) ensure appropriate planning for the child's safe, permanent, and independent
98.5living arrangement after the child's 18th birthday.

98.6    Sec. 52. [260D.201] PERMANENCY REVIEW AFTER ADJUDICATION
98.7UNDER CHAPTER 260C.
98.8    (a) If a child has been ordered into foster care under section 260C.178 or 260C.201,
98.9subdivision 1, and the conditions that led to the court's order have been corrected so
98.10that the child could safely return home except for the child's need to continue in foster
98.11care for treatment due to the child's disability, the child's parent and the agency may
98.12enter into a voluntary foster care agreement under this chapter using the procedure set
98.13out in paragraph (b).
98.14    (b) When the agency and the parent agree to enter into a voluntary foster care
98.15agreement under this chapter, the agency must file a motion to terminate jurisdiction
98.16under section 260C.193, subdivision 6, and to dismiss the order for foster care under
98.17section 260C.178 or 260C.201, subdivision 1, together with the petition required under
98.18section 260D.107, paragraph (b), for permanency review and the court's approval of the
98.19voluntary arrangement.
98.20    (c) The court shall send the motion and the petition filed under subdivision 2 together
98.21with a notice of hearing by mail as required in section 260D.107, paragraph (e).
98.22    (d) The petition and motion under this section must be filed no later than the time
98.23the agency is required to file a petition for permanent placement under section 260C.201,
98.24subdivision 11, but may be filed as soon as the agency and the parent agree that the child
98.25should remain in foster care under a voluntary foster care agreement, because the child
98.26needs treatment and voluntary foster care is in the child's best interest.
98.27    (e) In order for the agency to have continuous legal authority to place the child, the
98.28parent and the agency must execute a voluntary foster care agreement for the child's
98.29continuation in foster care for treatment prior to the termination of the order for foster care
98.30under section 260C.178 or 260C.201, subdivision 1. The parent and agency may execute
98.31the voluntary foster care agreement at or before the permanency review hearing required
98.32under this section. The voluntary foster care agreement shall not be effective until the
98.33court terminates jurisdiction under section 260C.193, subdivision 6, and dismisses the
98.34order for foster care under section 260C.178 or 260C.201, subdivision 1. Unless the
98.35agency and the parent execute a voluntary placement agreement for the child to continue
99.1in voluntary foster care for treatment, the agency shall not have legal authority to place the
99.2child after the court terminates jurisdiction under chapter 260C.

99.3    Sec. 53. [260D.301] TERMINATION OF VOLUNTARY PLACEMENT
99.4AGREEMENT.
99.5    (a) The child's parent may terminate a voluntary placement agreement under this
99.6chapter upon written notice to the agency of the termination of the agreement. The
99.7termination of a voluntary foster care agreement regarding an Indian child shall be
99.8governed by section 260.765, subdivision 4.
99.9    (b) The agency may terminate a voluntary placement agreement under this section
99.10upon written notice of the termination of the agreement to the parent. Prior to sending
99.11notice of termination of the voluntary foster care placement agreement, the agency shall
99.12contact the parent regarding transition planning under paragraph (e). Written notice by
99.13the agency shall be considered received by the parent three business days after mailing
99.14by the agency.
99.15    (c) Upon receipt of notice of the termination of the voluntary foster care agreement,
99.16the agency, the parent, and the facility may agree to a time that the child shall return home.
99.17The scheduled time to return home shall meet the child's need for safety and reasonable
99.18transition. Unless otherwise agreed by the parent and the agency, the child's return home
99.19shall not occur sooner than 72 hours and not later than 30 days after written notice of
99.20termination is received or sent by the agency.
99.21    (d) A parent who disagrees with the termination of a voluntary foster care agreement
99.22by the agency under this chapter has the right to a fair hearing under section 256.045 to
99.23appeal the termination of the voluntary foster care agreement. When the agency gives
99.24written notice to the parent of the termination of the agreement, the agency must also give
99.25the parent notice of the parent's right to a fair hearing under section 256.045 to appeal the
99.26agency's decision to terminate the voluntary foster care agreement.
99.27    (e) The agency and the child's parents shall engage in transition planning for the
99.28child's return home, including establishing a scheduled time for the child to return home,
99.29an increased visitation plan between the parent and child, and a plan for what services
99.30will be provided and in place upon the child's return home.
99.31    (f) Notice of termination of voluntary foster care agreement does not terminate the
99.32agreement. The voluntary foster care agreement and the agency's legal authority to place
99.33the child are terminated by the child's return home or by court order.

99.34    Sec. 54. Minnesota Statutes 2006, section 524.2-114, is amended to read:
100.1524.2-114 MEANING OF CHILD AND RELATED TERMS.
100.2    If, for purposes of intestate succession, a relationship of parent and child must be
100.3established to determine succession by, through, or from a person:
100.4    (1) An adopted person child is the child of an adopting parent and not of the birth
100.5parents except that adoption of a child by the spouse of a birth parent has no effect on
100.6the relationship between the child and that birth parent. If a parent dies and a child is
100.7subsequently adopted by a stepparent who is the spouse of a surviving parent, any rights
100.8of inheritance of the child or the child's descendant from or through the deceased parent
100.9of the child which exist at the time of the death of that parent shall not be affected by
100.10the adoption.
100.11    (2) In cases not covered by clause (1), a person is the child of the person's parents
100.12regardless of the marital status of the parents and the parent and child relationship may be
100.13established under the Parentage Act, sections 257.51 to 257.74.

100.14    Sec. 55. Minnesota Statutes 2006, section 626.556, subdivision 7, is amended to read:
100.15    Subd. 7. Report. An oral report shall be made immediately by telephone or
100.16otherwise. An oral report made by a person required under subdivision 3 to report shall be
100.17followed within 72 hours, exclusive of weekends and holidays, by a report in writing to
100.18the appropriate police department, the county sheriff, the agency responsible for assessing
100.19or investigating the report, or the local welfare agency, unless the appropriate agency
100.20has informed the reporter that the oral information does not constitute a report under
100.21subdivision 10. The local welfare agency shall determine if the report is accepted for an
100.22assessment or investigation as soon as possible but in no event longer than 24 hours
100.23after the report is received. Any report shall be of sufficient content to identify the child,
100.24any person believed to be responsible for the abuse or neglect of the child if the person
100.25is known, the nature and extent of the abuse or neglect and the name and address of the
100.26reporter. If requested, the local welfare agency or the agency responsible for assessing or
100.27investigating the report shall inform the reporter within ten days after the report is made,
100.28either orally or in writing, whether the report was accepted for assessment or investigation.
100.29Written reports received by a police department or the county sheriff shall be forwarded
100.30immediately to the local welfare agency or the agency responsible for assessing or
100.31investigating the report. The police department or the county sheriff may keep copies of
100.32reports received by them. Copies of written reports received by a local welfare department
100.33or the agency responsible for assessing or investigating the report shall be forwarded
100.34immediately to the local police department or the county sheriff.
101.1    A written copy of a report maintained by personnel of agencies, other than welfare
101.2or law enforcement agencies, which are subject to chapter 13 shall be confidential. An
101.3individual subject of the report may obtain access to the original report as provided by
101.4subdivision 11.

101.5    Sec. 56. Minnesota Statutes 2007 Supplement, section 626.556, subdivision 10a,
101.6is amended to read:
101.7    Subd. 10a. Law enforcement agency responsibility for investigation; welfare
101.8agency reliance on law enforcement fact-finding; welfare agency offer of services.
101.9    (a) If the report alleges neglect, physical abuse, or sexual abuse by a person who is not a
101.10parent, guardian, sibling, person responsible for the child's care functioning within the
101.11family unit, or a person who lives in the child's household and who has a significant
101.12relationship to the child, in a setting other than a facility as defined in subdivision 2, the
101.13local welfare agency shall immediately notify the appropriate law enforcement agency,
101.14which shall conduct an investigation of the alleged abuse or neglect if a violation of a
101.15criminal statute is alleged.
101.16    (b) The local agency may rely on the fact-finding efforts of the law enforcement
101.17investigation conducted under this subdivision to make a determination whether or not
101.18threatened harm injury or other maltreatment has occurred under subdivision 2 if an
101.19alleged offender has minor children or lives with minors.
101.20    (c) The local welfare agency shall offer appropriate social services for the purpose of
101.21safeguarding and enhancing the welfare of the abused or neglected minor.

101.22    Sec. 57. TARGETED CASE MANAGEMENT SERVICES FOR CHILDREN.
101.23    The commissioner of human services shall seek an amendment to the state plan to
101.24provide targeted case management services to children with developmental disabilities
101.25who are in need of activities that coordinate and link social and other services designed
101.26to help children gain access to needed medical, social, educational, and other services
101.27under Minnesota Statutes, section 256B.092.

101.28    Sec. 58. REVISOR'S INSTRUCTION.
101.29    In each section of Minnesota Statutes referred to in column A, the revisor of statutes
101.30shall delete the reference in column B and insert the reference in column C.

102.1	Column A	Column B	Column C
102.2	259.67	260.851, article 5	260.853, article 4
102.3	256B.094	260.851	260.853

102.4EFFECTIVE DATE.This section is effective upon legislative enactment of the
102.5interstate compact in section 23 by no less than 35 states.

102.6    Sec. 59. REPEALER.
102.7(a) Minnesota Statutes 2006, section 260.851, is repealed effective upon legislative
102.8enactment of the interstate compact in section 23 by no less than 35 states. The
102.9commissioner of human services shall inform the revisor of statutes when this occurs.
102.10(b) Minnesota Statutes 2006, sections 260B.241; 260C.141, subdivision 2a;
102.11260C.207; 260C.431; and 260C.435, are repealed.
102.12(c) Minnesota Statutes 2007 Supplement, section 260C.212, subdivision 9, is
102.13repealed.
102.14Minnesota Rules, parts 9560.0092; 9560.0093, subpart 2; and 9560.0609, are
102.15repealed.

102.16ARTICLE 7

102.17DATA PRIVACY

102.18    Section 1. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision
102.19to read:
102.20    Subd. 12. Child care resource and referral programs. This subdivision applies to
102.21data collected by child care resource and referral programs under section 119B.19. Data
102.22collected under section 119B.19 are not licensing data under subdivision 4. Data on
102.23unlicensed family child care providers are data on individuals governed by subdivision
102.242. In addition to the disclosures authorized by this section, the names and addresses of
102.25unlicensed family child care providers may be disclosed to the commissioner of education
102.26for purposes of promoting and evaluating school readiness.

102.27    Sec. 2. Minnesota Statutes 2006, section 13.46, is amended by adding a subdivision to
102.28read:
102.29    Subd. 13. Family, friend, and neighbor grant program. This subdivision applies
102.30to data collected by family, friend, and neighbor (FFN) grantees under section 119B.232.
102.31Data collected under section 119B.232 are data on individuals governed by subdivision 2.
102.32The commissioner may disclose private data collected under this section to early childhood
103.1care and education experts at the University of Minnesota to evaluate the impact of the
103.2grants under subdivision 2 on children's school readiness and to evaluate the FFN grant
103.3program. The commissioner may disclose the names and addresses of FFN caregivers to
103.4the commissioner of education for purposes of promoting and evaluating school readiness.

103.5    Sec. 3. Laws 2007, chapter 147, article 2, section 56, is amended to read:
103.6    Sec. 56. COMMISSIONER OF HUMAN SERVICES DUTIES; EARLY
103.7CHILDHOOD AND SCHOOL-AGE PROFESSIONAL DEVELOPMENT
103.8TRAINING.
103.9    Subdivision 1. Development and implementation of an early childhood and
103.10school-age professional development system. (a) The commissioner of human services,
103.11in cooperation with the commissioners of education and health, shall develop and phase-in
103.12the implementation of a professional development system for practitioners serving
103.13children in early childhood and school-age programs. The system shall provide training
103.14options and supports for practitioners to voluntarily choose, as they complete or exceed
103.15existing licensing requirements.
103.16    The system must, at a minimum, include the following features:
103.17    (1) a continuum of training content based on the early childhood and school-age
103.18care practitioner core competencies that translates knowledge into improved practice to
103.19support children's school success;
103.20    (2) training strategies that provide direct feedback about practice to practitioners
103.21through ongoing consultation, mentoring, or coaching with special emphasis on early
103.22literacy and early mathematics;
103.23    (3) an approval process for trainers;
103.24    (4) a professional development registry for early childhood and school-age care
103.25practitioners that will provide tracking and recognition of practitioner training/career
103.26development progress;
103.27    (5) a career lattice that includes a range of professional development and educational
103.28opportunities that provide appropriate coursework and degree pathways;
103.29    (6) development of a plan with public higher education institutions for an articulated
103.30system of education, training, and professional development that includes credit for prior
103.31learning and development of equivalences to two- and four-year degrees;
103.32    (7) incentives and supports for early childhood and school-age care practitioners
103.33to seek additional training and education, including TEACH, other scholarships, and
103.34career guidance; and
104.1    (8) coordinated and accessible delivery of training to early childhood and school-age
104.2care practitioners.
104.3    (b) By January 1, 2008, the commissioner, in consultation with the organizations
104.4named in subdivision 2 shall develop additional opportunities in order to qualify more
104.5licensed family child care providers under section 119B.13, subdivision 3a.
104.6    (c) The commissioner of human services must evaluate the professional development
104.7system and make continuous improvements.
104.8    (d) Beginning July 1, 2007, as appropriations permit, the commissioner shall
104.9phase-in the professional development system.
104.10    Subd. 2. Two-hour early childhood training. By January 15, 2008, the
104.11commissioner of human services, with input from the Minnesota Licensed Family Child
104.12Care Association and the Minnesota Professional Development Council, shall identify
104.13trainings that qualify for the two-hour early childhood development training requirement
104.14for new child care practitioners under Minnesota Statutes, section 245A.14, subdivision
104.159a , paragraphs (a) and (b). For licensed family child care, the commissioner shall also
104.16seek the input of labor unions that serve licensed family child care providers, if the union
104.17has been recognized by a county to serve licensed family child care providers.
104.18    Subd. 3. Data classification for child care practitioner professional development
104.19system. This subdivision applies to data collected under this section by the child care
104.20practitioner professional development system. Data collected under this section is welfare
104.21data under section 13.46 but is not licensing data under section 13.46, subdivision 4.
104.22Data on individuals who are licensed family child care providers are private data on
104.23individuals governed by section 13.46, subdivision 2. The commissioner may disclose
104.24nonpublic data collected under this section as described in section 13.46, subdivision 2.
104.25The commissioner also may disclose private and nonpublic data collected under this
104.26section to the following entities:
104.27    (1) personnel of the welfare system who require the data for child care licensing
104.28purposes;
104.29    (2) personnel of the welfare system who require the data to administer or evaluate
104.30the child care assistance program;
104.31    (3) the commissioner of education for purposes of implementing, administering, and
104.32evaluating the child care practitioner professional development system;
104.33    (4) the commissioner of health for purposes of implementing and administering
104.34this section; and
104.35    (5) an individual's employer for purposes of tracking and verifying employee
104.36training, education, and expertise."
105.1Delete the title and insert:

105.2"A bill for an act

105.3relating to human services; changing provisions in the MFIP work participation
105.4program licensing and child care; making technical changes; changing child
105.5welfare provisions; establishing the Interstate Compact for the Placement of
105.6Children; changing provisions for child placement; establishing child in voluntary
105.7foster care for treatment; changing data privacy provisions;amending Minnesota
105.8Statutes 2006, sections 13.46, by adding subdivisions; 119B.011, subdivision 17;
105.9119B.03, subdivisions 1, 6; 119B.09, subdivisions 1, 9; 119B.125, by adding
105.10a subdivision; 119B.21, subdivision 10; 245C.24, subdivision 2; 256E.30,
105.11subdivision 1; 256E.35, subdivision 7; 256J.24, subdivision 5; 256J.425,
105.12subdivision 1; 256J.521, subdivision 4; 256J.54, subdivisions 2, 5; 256J.545;
105.13259.20, subdivision 1; 259.21, by adding a subdivision; 259.22, subdivision 2;
105.14259.23, subdivision 2; 259.43; 259.52, subdivision 2; 259.53, subdivision 3;
105.15259.59, subdivisions 1, 2; 259.67, subdivisions 2, 3, by adding a subdivision;
105.16259.75, subdivision 5; 259.89, subdivisions 1, 2, 4, by adding a subdivision;
105.17260.835, subdivision 2; 260C.001, subdivision 2; 260C.007, subdivisions 5, 6,
105.1813; 260C.101, subdivision 2; 260C.141, subdivision 2; 260C.171, subdivision
105.192; 260C.178, subdivision 1; 260C.205; 260C.212, subdivisions 7, 8, by adding
105.20a subdivision; 260C.325, subdivisions 1, 3; 524.2-114; 626.556, subdivision 7;
105.21Minnesota Statutes 2007 Supplement, sections 119B.12; 119B.125, subdivision
105.222; 119B.13, subdivisions 1, 7; 119B.21, subdivision 5; 119B.231, subdivision
105.235; 245C.08, subdivision 2; 256.01, subdivision 2; 256E.35, subdivision 2;
105.24256J.20, subdivision 3; 256J.626, subdivisions 3, 7; 256J.95, subdivision 3;
105.25259.41, subdivision 1; 259.57, subdivision 1; 259.67, subdivision 4; 260C.163,
105.26subdivision 1; 260C.209, subdivisions 1, 2, by adding a subdivision; 260C.212,
105.27subdivisions 1, 4; 626.556, subdivision 10a; Laws 2007, chapter 147, article 2,
105.28sections 21; 56; proposing coding for new law in Minnesota Statutes, chapters
105.29259; 260; proposing coding for new law as Minnesota Statutes, chapter 260D;
105.30repealing Minnesota Statutes 2006, sections 256K.25; 260.851; 260B.241;
105.31260C.141, subdivision 2a; 260C.207; 260C.431; 260C.435; Minnesota Statutes
105.322007 Supplement, section 260C.212, subdivision 9; Minnesota Rules, parts
105.339560.0092; 9560.0093, subpart 2; 9560.0609."
We request the adoption of this report and repassage of the bill.House Conferees: (Signed) Neva Walker, Nora Slawik, Bud NornesSenate Conferees: (Signed) Patricia Torres Ray, Betsy L. Wergin, Linda Berglin

106.1	We request the adoption of this report and repassage of the bill.
106.2	House Conferees:(Signed)
106.3	.....		.....
106.4	Neva Walker		Nora Slawik
106.5	.....
106.6	Bud Nornes
106.7	Senate Conferees:(Signed)
106.8	.....		.....
106.9	Patricia Torres Ray		Betsy L. Wergin
106.10	.....
106.11	Linda Berglin