HF 342

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 04/01/2019 05:37pm

A bill for an act
relating to human services; establishing the Minnesota African American Family
Preservation and Child Welfare Disproportionality Act; creating an African
American and Disproportionality Child Welfare Oversight Council; requiring a
report; appropriating money; amending Minnesota Statutes 2018, section 260C.329,
subdivisions 3, 7, 8, by adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 260; repealing Minnesota Statutes 2018, section
260C.329, subdivision 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [260.61] CITATION.
new text end

new text begin Sections 260.61 to 260.695 may be cited as the "Minnesota African American Family
Preservation and Child Welfare Disproportionality Act."
new text end

Sec. 2.

new text begin [260.62] PURPOSES.
new text end

new text begin The purposes of the Minnesota African American Family Preservation and Child Welfare
Disproportionality Act are to:
new text end

new text begin (1) protect the best interests of African American and other disproportionately represented
children;
new text end

new text begin (2) promote the stability and security of African American and other disproportionately
represented children and families by establishing minimum standards to prevent arbitrary
and unnecessary removal of African American and other disproportionately represented
children from their families; and
new text end

new text begin (3) improve permanency outcomes, including family reunification, for African American
and other disproportionately represented children.
new text end

Sec. 3.

new text begin [260.63] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin The definitions in this section apply to sections 260.61 to 260.695.
new text end

new text begin Subd. 2. new text end

new text begin African American child. new text end

new text begin "African American child" is a child having origins
in Africa, including a child of two or more races who has at least one parent having origins
in Africa.
new text end

new text begin Subd. 3. new text end

new text begin Best interest of the child. new text end

new text begin "Best interest of the child" means providing a
culturally informed practice lens that acknowledges, utilizes, and embraces the community
and cultural norms of an African American or disproportionately represented child and
allows the child to remain safely at home. The best interest of the child supports the child's
sense of belonging to family, extended family, kin, and cultural community.
new text end

new text begin Subd. 4. new text end

new text begin Child placement proceeding. new text end

new text begin (a) "Child placement proceeding" includes a
judicial proceeding which could have a result described in paragraphs (b) to (e).
new text end

new text begin (b) "Adoptive placement" means the permanent placement of an African American or
other disproportionately represented child for adoption, including an action resulting in a
final decree of adoption.
new text end

new text begin (c) "Involuntary foster care placement" means an action removing an African American
or other disproportionately represented child from the child's parents or persons who have
legal custody for temporary placement in a foster home, shelter care, or the home of a
guardian, where the parent or person who has legal custody cannot have the child returned
upon demand but parental rights have not been terminated.
new text end

new text begin (d) "Preadoptive placement" means a family-based placement of a child who is under
the guardianship of the commissioner and for whom an adoptive placement agreement
(APA) has been signed.
new text end

new text begin (e) "Termination of parental rights" means an action resulting in the termination of the
parent-child relationship under section 260C.301.
new text end

new text begin (f) The terms in this subdivision include a placement based upon a juvenile status offense,
but do not include a placement based upon (1) an act which if committed by an adult would
be deemed a crime, or (2) an award of custody in a divorce proceeding to one of the parents.
new text end

new text begin Subd. 5. new text end

new text begin Child welfare disproportionality. new text end

new text begin "Child welfare disproportionality" means
the underrepresentation or overrepresentation of disproportionately represented children in
the state's child welfare system population as compared to the group's representation in the
state's total child population.
new text end

new text begin Subd. 6. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human services.
new text end

new text begin Subd. 7. new text end

new text begin Customized efforts. new text end

new text begin "Customized efforts" means diligent efforts combined
with customized action by the local social services child welfare agency to provide culturally
informed or appropriate services to preserve African American and other disproportionately
represented children safely in their homes. If removal occurs, customized efforts include
enhanced reasonable efforts to reunify the family with trauma-informed, culturally sensitive,
strength-based in-home or community-based services.
new text end

new text begin Subd. 8. new text end

new text begin Disproportionately represented child new text end

new text begin "Disproportionately represented child"
means a child whose race, culture, ethnicity, language, sexual orientation, religion, or
disability status is disproportionately encountered, engaged, or identified in the child welfare
system as compared to the representation in the state's total child population.
new text end

new text begin Subd. 9. new text end

new text begin Family-based services. new text end

new text begin "Family-based services" means intensive
family-centered services to a family primarily in the family's own home and for a limited
time.
new text end

new text begin Subd. 10. new text end

new text begin Local social services agency. new text end

new text begin "Local social services agency" means the local
agency under the authority of the county welfare or human services board or county board
of commissioners which is responsible for human services and child protection.
new text end

new text begin Subd. 11. new text end

new text begin Parent. new text end

new text begin "Parent" means the biological parent of an African American or other
disproportionately represented child or any person who has lawfully adopted an African
American or other disproportionately represented child. Parent does not include an unmarried
father whose paternity has not been acknowledged or established. Paternity has been
acknowledged when an unmarried father takes any action to hold himself out as the biological
father of a child.
new text end

new text begin Subd. 12. new text end

new text begin Relative. new text end

new text begin "Relative" means a person related to the child by blood, marriage,
or adoption, an individual who is an important friend with whom the child has resided or
had significant contact, or a person whom the child and family identify as related.
new text end

new text begin Subd. 13. new text end

new text begin Sexual abuse. new text end

new text begin "Sexual abuse" has the meaning given in section 626.556,
subdivision 2, paragraph (n).
new text end

new text begin Subd. 14. new text end

new text begin Substantial child endangerment. new text end

new text begin "Substantial child endangerment" has the
meaning given in section 626.556, subdivision 2, paragraph (o).
new text end

Sec. 4.

new text begin [260.64] DUTY TO PREVENT OUT-OF-HOME PLACEMENT AND
PROMOTE FAMILY REUNIFICATION.
new text end

new text begin (a) A local social services agency shall make customized efforts to prevent out-of-home
placement of an African American or other disproportionately represented child, eliminate
the need for a child's removal from the home, and reunify a child and family as soon as
practicable.
new text end

new text begin (b) Prior to removal of an African American or other disproportionately represented
child, a local social services agency must work with the child's family to implement a 60-day
in-home safety plan. The child's parent or guardian must actively participate in creating the
safety plan with guidance and input from the local social services agency. The safety plan
must address the child's basic needs and incorporate familial and community support to
ensure the child's safety while keeping the family intact. This paragraph does not apply to
cases with allegations of sexual abuse, physical abuse, or egregious harm.
new text end

new text begin (c) For a disproportionately represented child who is alleged to be in need of child
protective services, the court shall review the local social services agency's efforts to make
and provide customized efforts. The court shall require the agency to document and identify
the provision of culturally informed, strength-based, community-involved, or
community-based services to the family and child. If a court determines that the local social
services agency did not make customized efforts as required under this section, the court
shall order the local social services agency to immediately provide remedial family-based
services.
new text end

new text begin (d) A court shall not, unless the court finds that the child's health or welfare would be
immediately endangered, order an out-of-home or permanency placement for an African
American or other disproportionately represented child alleged to be in need of protective
services unless the court finds that the local social services agency made customized efforts
to preserve the child's family. In determining whether the local social services agency made
customized efforts for purposes of out-of-home placement and permanency, the court shall
make findings regarding whether the local social services agency made appropriate and
meaningful family-based services available to the family based upon that family's specific
needs. If a court determines that the local social services agency did not make customized
efforts as required under this section, the court shall order the local social services agency
to immediately provide appropriate and meaningful in-home family services.
new text end

new text begin (e) Unless allegations of sexual abuse, physical abuse, or egregious harm are present, a
court shall not order an out-of-home or permanency placement for an African American or
other disproportionately represented child alleged to be in need of protective services absent
clear and convincing evidence that multiple risk factors to the child's safety are present.
Multiple risk factors does not include a risk factor which the local social services agency
may resolve with an in-home safety plan.
new text end

Sec. 5.

new text begin [260.65] TEMPORARY OUT-OF-HOME PLACEMENT.
new text end

new text begin (a) Prior to an African American or other disproportionately represented child's placement
in foster care, the responsible local social services agency must make customized efforts to
identify and locate the child's relatives and the noncustodial or nonadjudicated parent, notify
them of the need for a foster home for the child, and provide them with a list of legal
resources. The agency must also inform the relatives and noncustodial or nonadjudicated
parent of the option to become a placement resource for the child and the possibility that
the child will need a permanent placement. If prior notice is not practicable, the agency
must notify identified relatives and the noncustodial or nonadjudicated parent of the need
for a foster home for the child within 48 hours of a child's removal from the custodial parent's
care. The local social services agency must keep detailed records of its efforts to notify
parents and relatives under this section.
new text end

new text begin (b) Notwithstanding the provisions of section 260C.219, if a noncustodial or
nonadjudicated parent is willing to and capable of providing for the day-to-day care of the
African American or other disproportionately represented child temporarily or permanently,
the local social services agency shall temporarily place the child with the noncustodial or
nonadjudicated parent. Prior to initial placement with a noncustodial or nonadjudicated
parent, the local social services agency must conduct an immediate assessment of the parent's
ability to care for the child.
new text end

new text begin (c) If a noncustodial or nonadjudicated parent is unwilling to or incapable of caring for
the child, and the local social services agency has determined that continued placement of
the child in the home of either parent would endanger the child's health, safety, or welfare,
the local social services agency shall comply with the custodial parent or legal custodian's
request to temporarily place the child with a selected relative. Prior to initial placement with
the relative, the local social services agency must conduct an assessment of the relative's
ability to care for the child.
new text end

new text begin (d) The local social services agency must provide a reasonable time period to allow a
noncustodial and nonadjudicated parent or a selected relative to remedy minor
disqualifications.
new text end

new text begin (e) If, after conducting an assessment, the local social services agency determines that
the child cannot be placed with the relative or the noncustodial or nonadjudicated parent,
the local social services agency must provide specific findings of fact, in writing, explaining
why the placement is not possible.
new text end

Sec. 6.

new text begin [260.66] EMERGENCY REMOVAL HEARING.
new text end

new text begin Notwithstanding section 260C.163, subdivision 3, and the provisions of Minnesota Rules
of Juvenile Protection Procedure Rule 25, a parent of an African American or other
disproportionately represented child who is subject to an emergency protective care hearing
pursuant to section 260C.178 and Minnesota Rules of Juvenile Protection Procedure Rule
30 has the right to be represented by counsel. The court must appoint qualified counsel to
represent the parent if the parent meets the eligibility requirements under section 611.17.
new text end

Sec. 7.

new text begin [260.67] TERMINATION OF PARENTAL RIGHTS; CHILD PLACEMENT
PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Termination of parental rights not permitted. new text end

new text begin (a) A court shall not
terminate the parental rights of an African American or other disproportionately represented
parent based solely on that parent's failure to complete case plan requirements.
new text end

new text begin (b) A court shall not terminate the parental rights of an African American or other
disproportionately represented parent in child placement proceedings that do not involve
alleged: sexual abuse; egregious harm as defined in section 260C.007, subdivision 14;
murder in the first, second, or third degree under section 609.185, 609.19, or 609.195;
murder of an unborn child in the first, second, or third degree under sections 609.2661,
609.2662, or 609.2663; manslaughter in the first or second degree under section 609.20 or
609.205; manslaughter of an unborn child in the first or second degree under sections
609.2664 or 609.2665; assault in the first, second, or third degree under section 609.221,
609.222, or 609.223; domestic assault by strangulation under section 609.2247; felony
domestic assault under sections 609.2242 or 609.2243; kidnapping under section 609.25;
solicitation, inducement, and promotion of prostitution under section 609.322; criminal
sexual conduct under sections 609.342 to 609.3451; engaging in, hiring, or agreeing to hire
a minor to engage in prostitution under section 609.324, subdivision 1; solicitation of children
to engage in sexual conduct under section 609.352; possession of pornographic work
involving minors under section 617.247; malicious punishment or neglect or endangerment
of a child under section 609.377 or 609.378; use of a minor in sexual performance under
section 617.246; or failing to protect a child from an overt act or condition that constitutes
egregious harm. The court shall, if possible, transfer permanent legal and physical custody
to a fit and willing relative or third party, if the court determines that there is continued need
for out-of-home placement of the child.
new text end

new text begin Subd. 2. new text end

new text begin Appeals. new text end

new text begin Notwithstanding the provisions of Minnesota Rules of Juvenile
Protection Procedure Rule 47.02, subdivision 2, an African American or other
disproportionately represented parent whose parental rights have been terminated may
appeal the decision within 120 days of the service of notice by the court administrator of
the filing of the court's order.
new text end

Sec. 8.

new text begin [260.68] LOCAL WELFARE AGENCY CONDUCT AND CASE REVIEW.
new text end

new text begin (a) A local social services agency employee who has duties related to child protection
shall not knowingly:
new text end

new text begin (1) make untrue statements about any case involving a child alleged to be in need of
protection or services;
new text end

new text begin (2) intentionally withhold any information that may be material to a case involving a
child alleged to be in need of protection or services; or
new text end

new text begin (3) fabricate or falsify any documentation or evidence relating to a case involving a child
alleged to be in need of protection or services.
new text end

new text begin (b) Any of the actions listed in paragraph (a) shall constitute grounds for adverse
employment action.
new text end

new text begin (c) When a local social services agency screens in a report alleging maltreatment of an
African American or other disproportionately represented child or places an African
American or other disproportionately represented child in an involuntary out-of-home
placement, the agency shall, within seven days after screening in the report or initiating the
out-of-home placement, notify child welfare disproportionality specialists in the Department
of Human Services of the report or placement and of the steps taken to investigate and
remedy the conditions that led to the report or placement. At all stages of a case involving
an African American or other disproportionately represented child, the local social services
agency shall, upon request, fully cooperate with child welfare disproportionality specialists
in the Department of Human Services and the African American and Disproportionality
Child Welfare Oversight Council, and provide access to all relevant case files.
new text end

new text begin (d) In any involuntary adoptive or preadoptive placement proceeding involving an
African American or other disproportionately represented child, the local social services
agency shall notify child welfare disproportionality specialists in the Department of Human
Services by registered mail with return receipt requested of the pending proceeding and of
the right of intervention. No preadoptive or adoptive placement proceeding may be held
until at least 30 days after receipt of the notice by the child welfare disproportionality
specialists in the Department of Human Services. Upon request, child welfare
disproportionality specialists in the Department of Human Services must be granted up to
30 additional days to prepare for the proceeding. The agency or notifying party shall include
in the notice the identity of the birth parents and child. In cases where an agency or party
to an adoptive placement knows or has reason to believe that a child is or may be an African
American or other disproportionately represented child, proof of service upon child welfare
disproportionality specialists in the Department of Human Services must be filed with the
adoption petition.
new text end

new text begin (e) The local social services agency shall conduct a case review every 24 months after
a 2019 baseline is established. The local social services agency shall report their findings
to the county board, related child welfare committees, the Children's Justice Initiative team,
the African American and Disproportionality Oversight Council, and community stakeholders
within six months of gathering data. The review must include:
new text end

new text begin (1) the number of disproportionately represented children in the local county child
welfare system;
new text end

new text begin (2) the number of maltreatment reports received and reports accepted for investigation
or referred for family assessment;
new text end

new text begin (3) the number of children and parents who receive in-home preventive case management
services;
new text end

new text begin (4) the number of children whose parents are referred to community-based, culturally
appropriate, strength-based, or trauma-informed services;
new text end

new text begin (5) the number of children removed from their homes;
new text end

new text begin (6) the number of children reunified with their parents;
new text end

new text begin (7) the number of children offered family group decision making services;
new text end

new text begin (8) the number of children offered the parent support outreach program;
new text end

new text begin (9) the number of children in out-of-home placement;
new text end

new text begin (10) the number of children who find permanency through guardianship and adoption;
and
new text end

new text begin (11) the number of children under guardianship of the commissioner or waiting to be
adopted.
new text end

new text begin (f) Case review shall also:
new text end

new text begin (1) identify barriers to reunifying children with their parents;
new text end

new text begin (2) identify family conditions that led to the need for out-of-home placement;
new text end

new text begin (3) identify any barriers to accessing culturally informed mental health and substance
use disorder treatment services for the parent or child, if applicable;
new text end

new text begin (4) document efforts to identify a child's father and paternal relatives, and provision of
services to custodial and noncustodial fathers, if appropriate; and
new text end

new text begin (5) document and summarize court reviews of customized efforts.
new text end

new text begin (g) Any local social services agency found to have a disproportionate rate of outcomes
across the child welfare process must work to create a remediation plan to address and
reduce the factors that led to the disproportionate outcomes. The plan must include
information on how trauma-informed, positive child well-being outcomes will be achieved
and documented as a result of the remediation efforts.
new text end

new text begin (h) Any local social services agency that is found to be out of compliance with the
provisions of this chapter will be subject to a fine to be determined by the commissioner.
new text end

Sec. 9.

new text begin [260.69] AFRICAN AMERICAN AND DISPROPORTIONALITY CHILD
WELFARE OVERSIGHT COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin (a) The commissioner shall appoint an African American and
Disproportionality Child Welfare Oversight Council to help formulate policies and procedures
relating to child welfare services for African American and other disproportionately
represented children in order to ensure that African American and other disproportionately
represented families are provided with all possible services and opportunities to care for
their children in their homes.
new text end

new text begin (b) The terms, compensation, and removal of council members shall be as provided in
section 15.059. The advisory council does not expire.
new text end

new text begin Subd. 2. new text end

new text begin Membership and composition. new text end

new text begin (a) The council shall consist of 33 members
and must include:
new text end

new text begin (1) 15 members from disproportionately represented groups listed in section 260.63,
subdivision 8, including child welfare policy and social work professionals and
paraprofessionals, community leaders, and community members;
new text end

new text begin (2) local social services agency representatives from the six counties with the highest
populations of disproportionately represented children in the state;
new text end

new text begin (3) two parents of disproportionately represented children from each of the four regions
of the state; and
new text end

new text begin (4) one representative each from Hennepin and Ramsey Counties.
new text end

new text begin (b) The council shall have two cochairs, one from the Department of Human Services
or a local social services county agency, and the other a member of a disproportionately
represented group listed in section 260.63, subdivision 8.
new text end

new text begin Subd. 3. new text end

new text begin Meeting. new text end

new text begin The council shall meet at least eight times per year, but may meet
more frequently at the call of the chair, a majority of the council members, or the
commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The African American and Disproportionality Child Welfare Oversight
Council shall:
new text end

new text begin (1) monitor the number of African American and other disproportionately represented
children in out-of-home placement and collect and distribute data on African American and
other disproportionately represented children in out-of-home placement;
new text end

new text begin (2) monitor and review case plans and services offered by local social services agencies
and interview local social services agency child welfare staff to ensure that case plans and
services address the unique needs of each African American or other disproportionately
represented family and comply with the provisions of the Minnesota African American
Family Preservation and Child Welfare Disproportionality Act under sections 260.61 to
260.695;
new text end

new text begin (3) partner with child welfare disproportionality specialists in the Department of Human
Services to screen shelter and foster care settings to ensure that African American and other
disproportionately represented children are receiving appropriate and adequate care;
new text end

new text begin (4) develop and promote public policies and child protection laws that specifically
consider the needs of African American and other disproportionately represented children
and families;
new text end

new text begin (5) coordinate stakeholder and agency efforts to improve child welfare outcomes for
African American and other disproportionately represented children and families;
new text end

new text begin (6) initiate a public awareness campaign on the issue of racial disparities in out-of-home
placement of children;
new text end

new text begin (7) partner with child welfare disproportionality specialists in the Department of Human
Services to coordinate services and create partnerships to provide housing assistance,
employment assistance, and education support and training for African American and other
disproportionately represented children and families; and
new text end

new text begin (8) partner with the commissioner and local social services agencies to ensure that child
welfare staff represent the populations served in each county as closely as possible.
new text end

new text begin Subd. 5. new text end

new text begin Data considerations for case review. new text end

new text begin (a) Members of the African American
and Disproportionality Child Welfare Oversight Council have access to the following data
for specific case review under this subdivision:
new text end

new text begin (1) police investigative data;
new text end

new text begin (2) autopsy records and coroner or medical examiner investigative data;
new text end

new text begin (3) hospital, public health, or other medical records of the African American or other
disproportionately represented child;
new text end

new text begin (4) hospital and other medical records of the African American or other disproportionately
represented child's parent that relate to prenatal care;
new text end

new text begin (5) records created by social service agencies that provided services to the African
American or other disproportionately represented child or family; and
new text end

new text begin (6) personnel data related to an employee's performance in discharging child protection
responsibilities.
new text end

new text begin A state agency, statewide system, or political subdivision shall provide the data upon request
of the commissioner. Not public data may be shared with members of the council in
connection with an individual case.
new text end

new text begin (b) Notwithstanding the data's classification in the possession of any other agency, data
acquired by the African American and Disproportionality Child Welfare Oversight Council
in the exercise of its duties are protected nonpublic or confidential data as defined in section
13.02, but may be disclosed as necessary to carry out the purposes of the council. The data
are not subject to subpoena or discovery. The commissioner may disclose conclusions of
the council, but may not disclose data on individuals that were classified as confidential or
private data on individuals in the possession of the state agency, statewide system, or political
subdivision from which the data were received, except that the commissioner may disclose
local social service agency data as provided in section 626.556, subdivision 11d, on individual
cases involving a fatality or near fatality of a person served by the local social service agency
prior to the date of death.
new text end

new text begin (c) A person attending an African American and Disproportionality Child Welfare
Oversight Council meeting may not disclose what transpired at the meeting, except to carry
out the purposes of the council. The proceedings and records of the council are protected
nonpublic data as defined in section 13.02, subdivision 13, and are not subject to discovery
or introduction into evidence in a civil or criminal action against a professional, the state,
or a county agency arising out of the matters the panel is reviewing. Information, documents,
and records otherwise available from other sources are not immune from discovery or use
in a civil or criminal action solely because they were presented during proceedings of the
council. A person who presented information before the council or who is a member of the
council is not prevented from testifying about matters within the person's knowledge.
However, in a civil or criminal proceeding, a person must not be questioned about the
person's presentation of information to the council or opinions formed by the person as a
result of the council meetings.
new text end

new text begin Subd. 6. new text end

new text begin Annual report. new text end

new text begin By January 1 of each year, beginning January 1, 2020, the
council shall report to the chairs and ranking minority members of the legislative committees
with jurisdiction over child protection on the council's activities under subdivision 4 and
other issues on which the council may choose to report.
new text end

Sec. 10.

new text begin [260.694] CHILD WELFARE DISPROPORTIONALITY SPECIALISTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall appoint six child welfare
disproportionality specialists to provide assistance to counties and monitor child welfare
processes and outcomes in order to address and mitigate child welfare disparities.
new text end

new text begin Subd. 2. new text end

new text begin Location. new text end

new text begin Two specialists shall serve Hennepin County and two specialists
shall serve Ramsey County. The two other specialists shall serve northern and southern
Minnesota, respectively.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The child welfare disproportionality specialists shall perform the
following functions:
new text end

new text begin (1) assist with the development and review of child welfare curriculum in the Minnesota
Child Welfare Training System to enhance workers' engagement with training, improve
outcomes and child well-being for African American and other disproportionately represented
children, and better equip workers to provide services to parents;
new text end

new text begin (2) provide on-site technical assistance to counties;
new text end

new text begin (3) monitor the number of African American and other disproportionately represented
children in out-of-home placement statewide;
new text end

new text begin (4) directly oversee, review, and consult on case plans and services offered by local
social services agencies to ensure that case plans and services address the unique needs of
each African American or other disproportionately represented family and comply with the
Minnesota African American Family Preservation and Child Welfare Disproportionality
Act;
new text end

new text begin (5) screen shelter and foster care settings, in cooperation with the African American and
Disproportionality Child Welfare Oversight Council;
new text end

new text begin (6) establish and administer a request for proposals process for existing child welfare
disparities grants and any new child welfare disparity or disproportionality grants, monitor
grant activities, and provide technical assistance to grantees; and
new text end

new text begin (7) coordinate services and create partnerships to provide housing assistance, employment
assistance, and education support and training for African American and other
disproportionately represented children and families, in cooperation with the African
American and Disproportionality Child Welfare Oversight Council.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin The child welfare disproportionality specialists shall provide a quarterly
report outlining their activities to the commissioner and the African American and
Disproportionality Child Welfare Oversight Council, and shall publish an annual census of
all disproportionately represented children residing in out-of-home placements statewide.
The annual census shall include data on the types of placements, age and sex of the children,
how long the children have been in out-of-home placements, and other relevant demographic
information.
new text end

new text begin Subd. 5. new text end

new text begin Representation. new text end

new text begin Individuals appointed as specialists must represent the
population being served.
new text end

Sec. 11.

new text begin [260.695] CHILD WELFARE DISPARITIES AND
DISPROPORTIONALITY GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Primary support grants. new text end

new text begin The commissioner shall establish direct grants
to organizations, service providers, and programs led by African Americans or persons from
other disproportionately represented groups that serve African American or other
disproportionately represented children and their families, to provide primary support for
programs to implement the Minnesota African American Family Preservation and Child
Welfare Disproportionality Act.
new text end

new text begin Subd. 2. new text end

new text begin Eligible services. new text end

new text begin (a) Services eligible for grant funds include, but are not
limited to:
new text end

new text begin (1) placement prevention and reunification services;
new text end

new text begin (2) family-based services and reunification therapy;
new text end

new text begin (3) culturally specific individual and family counseling;
new text end

new text begin (4) court advocacy;
new text end

new text begin (5) training and consultation to county and private social services agencies regarding
the Minnesota African American Family Preservation and Child Welfare Disproportionality
Act under sections 260.61 to 260.695; and
new text end

new text begin (6) other activities and services approved by the commissioner that further the goals of
the Minnesota African American Family Preservation and Child Welfare Disproportionality
Act, including but not limited to recruitment of African American and other
disproportionately represented staff for local social services agencies and licensed
child-placing agencies.
new text end

new text begin (b) The commissioner may specify the priority of an activity and service based on its
success in furthering these goals. The commissioner shall give preference to programs and
service providers that are located in or serve counties with the highest rates of child welfare
disproportionality and employ staff that closely represent the population primarily served.
new text end

new text begin Subd. 3. new text end

new text begin Ineligible services. new text end

new text begin Grant funding may not be used for the following purposes:
new text end

new text begin (1) child day care necessary solely because of employment or training for employment
of a parent or other relative with whom the child is living;
new text end

new text begin (2) foster care maintenance or difficulty of care payments;
new text end

new text begin (3) residential facility payments;
new text end

new text begin (4) adoption assistance payments;
new text end

new text begin (5) public assistance payments for Minnesota family investment program assistance,
supplemental aid, medical assistance, general assistance, general assistance medical care,
or community health services; or
new text end

new text begin (6) administrative costs for income maintenance staff.
new text end

new text begin Subd. 4. new text end

new text begin Requests for proposals. new text end

new text begin The commissioner shall request proposals for grants
under subdivisions 1, 2, and 3, and specify the information and criteria required.
new text end

Sec. 12.

Minnesota Statutes 2018, section 260C.329, subdivision 3, is amended to read:

Subd. 3.

Petition.

deleted text begin Only deleted text end The county attorney new text begin or a parent whose parental rights were
terminated under a previous order of the court new text end may file a petition for the reestablishment
of the legal parent and child relationship. new text begin A parent filing a petition under this section shall
pay a filing fee in the amount required under section 357.021, subdivision 2, clause (1). The
filing fee may be waived in cases of indigency. new text end A petition for the reestablishment of the
legal parent and child relationship may be filed when:

(1) both the responsible social services agency and the county attorney agree that
reestablishment of the legal parent and child relationship is in the child's best interests new text begin . This
clause must be satisfied only when the county attorney is the petitioning party new text end ;

(2) the parent has corrected the conditions that led to an order terminating parental rights;

(3) the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child;

(4) the child has been in foster care for at least deleted text begin 36 deleted text end new text begin 24 new text end months after the court issued the
order terminating parental rights;

deleted text begin (5) the child is 15 years of age or older at the time the petition for reestablishment of
the legal parent and child relationship is filed;
deleted text end

deleted text begin (6) deleted text end new text begin (5) new text end the child has not been adopted; and

deleted text begin (7) deleted text end new text begin (6) new text end the child is not the subject of a written adoption placement agreement between
the responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2.

Sec. 13.

Minnesota Statutes 2018, section 260C.329, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Contents of parent's petition. new text end

new text begin A parent's petition for reestablishment of the
legal parent and child relationship shall be signed under oath by the petitioner and shall
state the following:
new text end

new text begin (1) the petitioner's full name, date of birth, address, and all other legal names or aliases
by which the petitioner has been known at any time;
new text end

new text begin (2) the name and date of birth of each child for whom reunification is sought;
new text end

new text begin (3) the petitioner's relationship to each child for whom reunification is sought;
new text end

new text begin (4) why reunification is sought and why reunification is in the child's best interest;
new text end

new text begin (5) the details of the termination of parental rights for which reunification is sought,
including the date and jurisdiction of the order, and the court file number and date of any
prior order terminating parental rights;
new text end

new text begin (6) what steps the petitioner has taken toward personal rehabilitation since the time of
the order terminating parental rights, including treatment, work, or other personal history
that demonstrates rehabilitation;
new text end

new text begin (7) how the petitioner has corrected the conditions that led to the order terminating
parental rights for which reunification is sought;
new text end

new text begin (8) reasons why the petitioner is willing and capable to provide day-to-day care and
maintain the health, safety, and welfare of the child; and
new text end

new text begin (9) all prior requests by the petitioner, whether for the present order terminating parental
rights or for any other orders terminating parental rights, whether granted or not.
new text end

Sec. 14.

Minnesota Statutes 2018, section 260C.329, subdivision 7, is amended to read:

Subd. 7.

Service of petition on the parties.

The petition for the reestablishment of the
legal parent and child relationship and notice of hearing on the petition must be served on:

(1) the child;

deleted text begin (2) the parent whose rights have been terminated and with whom the legal parent and
child relationship is proposed to be reestablished;
deleted text end

new text begin (2) the county attorney;
new text end

new text begin (3) the responsible social services agency;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end the child's guardian ad litem; and

deleted text begin (4) deleted text end new text begin (5) new text end the child's tribe if the child is subject to the Indian Child Welfare Act.

Sec. 15.

Minnesota Statutes 2018, section 260C.329, subdivision 8, is amended to read:

Subd. 8.

Hearing.

The court may grant the petition ordering the reestablishment of the
legal parent and child relationship only if it finds by clear and convincing evidence that:

(1) reestablishment of the legal parent and child relationship is in the child's best interests;

deleted text begin (2) the child is 15 years of age or older;
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the child has not been adopted;

deleted text begin (4) deleted text end new text begin (3) new text end the child is not the subject of a written adoption placement agreement between
the responsible social services agency and the prospective adoptive parent, as required under
Minnesota Rules, part 9560.0060, subpart 2;

deleted text begin (5) deleted text end new text begin (4) new text end at least deleted text begin 36 deleted text end new text begin 24 new text end months have elapsed following a final order terminating parental
rights and the child remains in foster care;

deleted text begin (6) deleted text end new text begin (5) new text end the child desires to reside with the parent;

deleted text begin (7) deleted text end new text begin (6) new text end the parent has corrected the conditions that led to an order terminating parental
rights; and

deleted text begin (8) deleted text end new text begin (7) new text end the parent is willing and has the capability to provide day-to-day care and maintain
the health, safety, and welfare of the child.

Sec. 16. new text begin AFRICAN AMERICAN CULTURAL COMPETENCY TRAINING FOR
INDIVIDUALS WORKING WITH AFRICAN AMERICAN FAMILIES AND
CHILDREN IN THE CHILD PROTECTION SYSTEM.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The commissioner of human services shall ensure African
American cultural competency training is given to individuals working in the child protection
system, including child welfare workers, supervisors, attorneys, juvenile court judges, and
family law judges.
new text end

new text begin Subd. 2. new text end

new text begin Training. new text end

new text begin (a) The commissioner and a representative from the African American
community shall work together to develop the training content and frequency, and to hire
the African American individual or individuals who will provide the training.
new text end

new text begin (b) The training:
new text end

new text begin (1) is required prior to working with the African American population and must be
provided in a manner that is easily accessible, comprehensive, and includes the option to
ask questions;
new text end

new text begin (2) must be provided by an African American individual who is knowledgeable about
African American social and cultural norms and historical trauma;
new text end

new text begin (3) must raise awareness and increase the competency to value diversity, conduct
self-assessment, manage the dynamics of difference, acquire cultural knowledge, and adapt
to diversity and cultural contexts of communities served;
new text end

new text begin (4) must be accessible and may be provided in a series of segments, either in person or
online; and
new text end

new text begin (5) must be available by January 1, 2020.
new text end

new text begin Subd. 3. new text end

new text begin Update. new text end

new text begin The commissioner, in coordination with the NAACP Child Protection
Committee, shall update the legislative committee with jurisdiction over child protection
issues by January 1, 2020, on the rollout of the training under subdivision 1 and the content
and accessibility of the training under subdivision 2.
new text end

Sec. 17. new text begin DISAGGREGATE DATA.
new text end

new text begin The commissioner of human services shall work with representatives of the African
American community and other disproportionately represented communities to establish a
method to disaggregate data related to disproportionately represented families, and begin
disaggregating data by January 1, 2020.
new text end

Sec. 18. new text begin INCREASED VISITATION FOR AFRICAN AMERICAN AND OTHER
DISPROPORTIONATELY REPRESENTED CHILDREN IN OUT-OF-HOME
PLACEMENT.
new text end

new text begin The commissioner of human services shall modify existing practices related to visitation
after an African American or other disproportionately represented child is placed in
out-of-home placement. Visitation with the child's parent or guardian must be increased to
three to five one-hour visits per week until reunified, and a minimum of one two-hour
weekly visit with a sibling or siblings, if siblings are in separate placements.
new text end

Sec. 19. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2020 is appropriated from the general fund to the commissioner of
human services for the administration of the Minnesota African American Family
Preservation and Child Welfare Disproportionality Act under Minnesota Statutes, sections
260.61 to 260.695. This is an ongoing appropriation and shall be added to the base.
new text end

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 260C.329, subdivision 5, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H0342-2

260C.329 REESTABLISHMENT OF THE LEGAL PARENT AND CHILD RELATIONSHIP.

Subd. 5.

Decision not appealable.

The decision by the county attorney not to file a petition for the reestablishment of legal parent and child relationship is not appealable.