Engrossments
Introduction		Posted on 02/29/2024
1st Engrossment		Posted on 03/21/2024

ARTICLE 2

CHILD WELFARE

Section 1.

Minnesota Statutes 2022, section 243.166, subdivision 7, is amended to read:

Subd. 7.

Use of data.

(a) Except as otherwise provided in subdivision 4b or 7a or sections
244.052 and 299C.093, the data provided under this section is private data on individuals
under section 13.02, subdivision 12.

(b) The data may be used only by law enforcement and corrections agencies for law
enforcement and corrections purposes. Law enforcement or a corrections agent may disclose
the status of an individual as a predatory offender to a child protection worker with a local
welfare agency for purposes of doing deleted text begin a familydeleted text end new text begin an investigation ornew text end assessment under chapter
260E. A corrections agent may also disclose the status of an individual as a predatory
offender to comply with section 244.057.

(1) state-operated services, as defined in section 246.014, for the purposes described in
section 246.13, subdivision 2, paragraph (b); and

(2) purposes of completing background studies under chapter 245C.

Sec. 2.

Minnesota Statutes 2023 Supplement, section 245A.03, subdivision 7, is amended
to read:

Subd. 7.

Licensing moratorium.

(a) The commissioner shall not issue an initial license
for child foster care licensed under Minnesota Rules, parts 2960.3000 to 2960.3340new text begin which
does not include child foster residence settings with residential program certifications for
compliance with the Family First Prevention Services Act under section 245A.25, subdivision
1, paragraph (a)new text end , or adult foster care licensed under Minnesota Rules, parts 9555.5105 to
9555.6265, under this chapter for a physical location that will not be the primary residence
of the license holder for the entire period of licensure. new text begin If a child foster residence setting that
was previously exempt from the licensing moratorium under this paragraph has its Family
First Prevention Services Act certification rescinded under section 245A.25, subdivision 9,
or new text end if a family child foster care home or family adult foster care home license is issued during
this moratorium, and the license holder changes the license holder's primary residence away
from the physical location of the foster care license, the commissioner shall revoke the
license according to section 245A.07. The commissioner shall not issue an initial license
for a community residential setting licensed under chapter 245D. When approving an
exception under this paragraph, the commissioner shall consider the resource need
determination process in paragraph (h), the availability of foster care licensed beds in the
geographic area in which the licensee seeks to operate, the results of a person's choices
during their annual assessment and service plan review, and the recommendation of the
local county board. The determination by the commissioner is final and not subject to appeal.
Exceptions to the moratorium include:

(1) a license for a person in a foster care setting that is not the primary residence of the
license holder and where at least 80 percent of the residents are 55 years of age or older;

(2) foster care licenses replacing foster care licenses in existence on May 15, 2009, or
community residential setting licenses replacing adult foster care licenses in existence on
December 31, 2013, and determined to be needed by the commissioner under paragraph
(b);

(3) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for the closure of a nursing facility, ICF/DD,
or regional treatment center; restructuring of state-operated services that limits the capacity
of state-operated facilities; or allowing movement to the community for people who no
longer require the level of care provided in state-operated facilities as provided under section
256B.092, subdivision 13, or 256B.49, subdivision 24;

(4) new foster care licenses or community residential setting licenses determined to be
needed by the commissioner under paragraph (b) for persons requiring hospital-level care;
or

(5) new foster care licenses or community residential setting licenses for people receiving
customized living or 24-hour customized living services under the brain injury or community
access for disability inclusion waiver plans under section 256B.49 or elderly waiver plan
under chapter 256S and residing in the customized living setting for which a license is
required. A customized living service provider subject to this exception may rebut the
presumption that a license is required by seeking a reconsideration of the commissioner's
determination. The commissioner's disposition of a request for reconsideration is final and
not subject to appeal under chapter 14. The exception is available until December 31, 2023.
This exception is available when:

(i) the person's customized living services are provided in a customized living service
setting serving four or fewer people in a single-family home operational on or before June
30, 2021. Operational is defined in section 256B.49, subdivision 28;

(ii) the person's case manager provided the person with information about the choice of
service, service provider, and location of service, including in the person's home, to help
the person make an informed choice; and

(iii) the person's services provided in the licensed foster care or community residential
setting are less than or equal to the cost of the person's services delivered in the customized
living setting as determined by the lead agency.

(b) The commissioner shall determine the need for newly licensed foster care homes or
community residential settings as defined under this subdivision. As part of the determination,
the commissioner shall consider the availability of foster care capacity in the area in which
the licensee seeks to operate, and the recommendation of the local county board. The
determination by the commissioner must be final. A determination of need is not required
for a change in ownership at the same address.

(c) When an adult resident served by the program moves out of a foster home that is not
the primary residence of the license holder according to section 256B.49, subdivision 15,
paragraph (f), or the adult community residential setting, the county shall immediately
inform the Department of Human Services Licensing Division. The department may decrease
the statewide licensed capacity for adult foster care settings.

(d) Residential settings that would otherwise be subject to the decreased license capacity
established in paragraph (c) deleted text begin shalldeleted text end new text begin mustnew text end be exempt if the license holder's beds are occupied
by residents whose primary diagnosis is mental illness and the license holder is certified
under the requirements in subdivision 6a or section 245D.33.

(e) A resource need determination process, managed at the state level, using the available
data required by section 144A.351, and other data and information deleted text begin shalldeleted text end new text begin mustnew text end be used to
determine where the reduced capacity determined under section 256B.493 will be
implemented. The commissioner shall consult with the stakeholders described in section
144A.351, and employ a variety of methods to improve the state's capacity to meet the
informed decisions of those people who want to move out of corporate foster care or
community residential settings, long-term service needs within budgetary limits, including
seeking proposals from service providers or lead agencies to change service type, capacity,
or location to improve services, increase the independence of residents, and better meet
needs identified by the long-term services and supports reports and statewide data and
information.

(f) At the time of application and reapplication for licensure, the applicant and the license
holder that are subject to the moratorium or an exclusion established in paragraph (a) are
required to inform the commissioner whether the physical location where the foster care
will be provided is or will be the primary residence of the license holder for the entire period
of licensure. If the primary residence of the applicant or license holder changes, the applicant
or license holder must notify the commissioner immediately. The commissioner shall print
on the foster care license certificate whether or not the physical location is the primary
residence of the license holder.

(g) License holders of foster care homes identified under paragraph (f) that are not the
primary residence of the license holder and that also provide services in the foster care home
that are covered by a federally approved home and community-based services waiver, as
authorized under chapter 256S or section 256B.092 or 256B.49, must inform the human
services licensing division that the license holder provides or intends to provide these
waiver-funded services.

(h) The commissioner may adjust capacity to address needs identified in section
144A.351. Under this authority, the commissioner may approve new licensed settings or
delicense existing settings. Delicensing of settings will be accomplished through a process
identified in section 256B.493.

(i) The commissioner must notify a license holder when its corporate foster care or
community residential setting licensed beds are reduced under this section. The notice of
reduction of licensed beds must be in writing and delivered to the license holder by certified
mail or personal service. The notice must state why the licensed beds are reduced and must
inform the license holder of its right to request reconsideration by the commissioner. The
license holder's request for reconsideration must be in writing. If mailed, the request for
reconsideration must be postmarked and sent to the commissioner within 20 calendar days
after the license holder's receipt of the notice of reduction of licensed beds. If a request for
reconsideration is made by personal service, it must be received by the commissioner within
20 calendar days after the license holder's receipt of the notice of reduction of licensed beds.

(j) The commissioner shall not issue an initial license for children's residential treatment
services licensed under Minnesota Rules, parts 2960.0580 to 2960.0700, under this chapter
for a program that Centers for Medicare and Medicaid Services would consider an institution
for mental diseases. Facilities that serve only private pay clients are exempt from the
moratorium described in this paragraph. The commissioner has the authority to manage
existing statewide capacity for children's residential treatment services subject to the
moratorium under this paragraph and may issue an initial license for such facilities if the
initial license would not increase the statewide capacity for children's residential treatment
services subject to the moratorium under this paragraph.

Sec. 3.

Minnesota Statutes 2022, section 256N.22, subdivision 10, is amended to read:

Subd. 10.

Assigning a successor relative custodian for a child's Northstar kinship
assistance.

(a) In the event of the death or incapacity of the relative custodian, eligibility
for Northstar kinship assistance and title IV-E assistance, if applicable, is not affected if the
relative custodian is replaced by a successor named in the Northstar kinship assistance
benefit agreement. Northstar kinship assistance deleted text begin shalldeleted text end new text begin mustnew text end be paid to a named successor
who is not the child's legal parent, biological parent or stepparent, or other adult living in
the home of the legal parent, biological parent, or stepparent.

(b) In order to receive Northstar kinship assistance, a named successor must:

(1) meet the background study requirements in subdivision 4;

(2) renegotiate the agreement consistent with section 256N.25, subdivision 2, including
cooperating with an assessment under section 256N.24;

(3) be ordered by the court to be the child's legal relative custodian in a modification
proceeding under section 260C.521, subdivision 2; and

(4) satisfy the requirements in this paragraph within one year of the relative custodian's
death or incapacity unless the commissioner certifies that the named successor made
reasonable attempts to satisfy the requirements within one year and failure to satisfy the
requirements was not the responsibility of the named successor.

(c) Payment of Northstar kinship assistance to the successor guardian may be temporarily
approved through the policies, procedures, requirements, and deadlines under section
256N.28, subdivision 2. Ongoing payment shall begin in the month when all the requirements
in paragraph (b) are satisfied.

(d) Continued payment of Northstar kinship assistance may occur in the event of the
death or incapacity of the relative custodian whennew text begin :
new text end

new text begin (1)new text end no successor has been named in the benefit agreement deleted text begin whendeleted text end new text begin or a named successor
is not able or willing to accept custody or guardianship of the child; and
new text end

new text begin (2)new text end the commissioner gives written consent to an individual who is a guardian or custodian
appointed by a court for the child upon the death of both relative custodians in the case of
assignment of custody to two individuals, or the sole relative custodian in the case of
assignment of custody to one individual, unless the child is under the custody of a county,
tribal, or child-placing agency.

(e) Temporary assignment of Northstar kinship assistance may be approved for a
maximum of six consecutive months from the death or incapacity of the relative custodian
or custodians as provided in paragraph (a) and must adhere to the policies, procedures,
requirements, and deadlines under section 256N.28, subdivision 2, that are prescribed by
the commissioner. If a court has not appointed a permanent legal guardian or custodian
within six months, the Northstar kinship assistance must terminate and must not be resumed.

(f) Upon assignment of assistance payments under paragraphs (d) and (e), assistance
must be provided from funds other than title IV-E.

Sec. 4.

Minnesota Statutes 2022, section 256N.24, subdivision 10, is amended to read:

Subd. 10.

Caregiver requests for reassessments.

(a) A caregiver may initiate a
reassessment request for an eligible child in writing to the financially responsible agency
or, if there is no financially responsible agency, the agency designated by the commissioner.
The written request must include the reason for the request and the name, address, and
contact information of the caregivers. The caregiver may request a reassessment if at least
six months have elapsed since any previous assessment or reassessment. For an eligible
foster child, a foster parent may request reassessment in less than six months with written
documentation that there have been significant changes in the child's needs that necessitate
an earlier reassessment.

(b) A caregiver may request a reassessment of an at-risk child for whom an adoption
assistance agreement has been executed if the caregiver has satisfied the commissioner with
written documentation from a qualified expert that the potential disability upon which
eligibility for the agreement was based has manifested itself, consistent with section 256N.25,
subdivision 3, paragraph (b).

(c) If the reassessment cannot be completed within 30 days of the caregiver's request,
the agency responsible for reassessment must notify the caregiver of the reason for the delay
and a reasonable estimate of when the reassessment can be completed.

(d) Notwithstanding any provision to the contrary in paragraph (a) or subdivision 9,
when a Northstar kinship assistance agreement or adoption assistance agreement under
section 256N.25 has been signed by all parties, no reassessment may be requested or
conducted until the court finalizes the transfer of permanent legal and physical custody or
finalizes the adoptiondeleted text begin , or the assistance agreement expires according to section 256N.25,
subdivision 1deleted text end .

Sec. 5.

Minnesota Statutes 2022, section 256N.26, subdivision 15, is amended to read:

Subd. 15.

Payments.

(a) Payments to caregivers new text begin or youth new text end under Northstar Care for
Children must be made monthly. Consistent with section 256N.24, subdivision 13, the
financially responsible agency must send the caregiver new text begin or youth new text end the required written notice
within 15 days of a completed assessment or reassessment.

(b) Unless paragraph (c) deleted text begin ordeleted text end new text begin ,new text end (d)new text begin , or (e)new text end applies, the financially responsible agency shall
pay foster parents directly for eligible children in foster care.

(c) When the legally responsible agency is different than the financially responsible
agency, the legally responsible agency may make the payments to the caregivernew text begin or youthnew text end ,
provided payments are made on a timely basis. The financially responsible agency must
pay the legally responsible agency on a timely basis. Caregivers must have access to the
financially and legally responsible agencies' records of the transaction, consistent with the
retention schedule for the payments.

(d) For eligible children in foster care, the financially responsible agency may pay the
foster parent's payment for a licensed child-placing agency instead of paying the foster
parents directly. The licensed child-placing agency must timely pay the foster parents and
maintain records of the transaction. Caregivers must have access to the financially responsible
agency's records of the transaction and the child-placing agency's records of the transaction,
consistent with the retention schedule for the payments.

new text begin (e) If a foster youth aged 18 to 21 years old is placed in an unlicensed supervised
independent living setting, payments must be made directly to the youth or to a vendor if
the legally responsible agency determines it to be in the youth's best interests. If the legally
responsible agency has reason to believe that the youth is being financially exploited or at
risk of being financially exploited in the approved unlicensed supervised independent living
setting, the legally responsible agency shall advise the financially responsible agency to
make the payments to a vendor.
new text end

Sec. 6.

Minnesota Statutes 2022, section 256N.26, subdivision 16, is amended to read:

Subd. 16.

Effect of benefit on other aid.

Payments received under this section must
not be considered as income for child care assistance under chapter 119B or any other
financial benefit. Consistent with section 256J.24, a child new text begin or youth new text end receiving a maintenance
payment under Northstar Care for Children is excluded from any Minnesota family
investment program assistance unit.

Sec. 7.

Minnesota Statutes 2022, section 256N.26, subdivision 18, is amended to read:

Subd. 18.

Overpayments.

The commissioner has the authority to collect any amount
of foster care payment, adoption assistance, or Northstar kinship assistance paid to a caregiver
new text begin or youth new text end in excess of the payment due. Payments covered by this subdivision include basic
maintenance needs payments, supplemental difficulty of care payments, and reimbursement
of home and vehicle modifications under subdivision 10. Prior to any collection, the
commissioner or the commissioner's designee shall notify the caregiver new text begin or youth new text end in writing,
including:

(1) the amount of the overpayment and an explanation of the cause of overpayment;

(2) clarification of the corrected amount;

(3) a statement of the legal authority for the decision;

(4) information about how the caregiver can correct the overpayment;

(5) if repayment is required, when the payment is due and a person to contact to review
a repayment plan;

(6) a statement that the caregiver new text begin or youth new text end has a right to a fair hearing review by the
department; and

(7) the procedure for seeking a fair hearing review by the department.

Sec. 8.

Minnesota Statutes 2022, section 256N.26, subdivision 21, is amended to read:

Subd. 21.

Correct and true information.

The caregiver new text begin or youth new text end must be investigated
for fraud if the caregiver new text begin or youth new text end reports information the caregiver new text begin or youth new text end knows is untrue,
the caregiver new text begin or youth new text end fails to notify the commissioner of changes that may affect eligibility,
or the agency administering the program receives relevant information that the caregiver
new text begin or youth new text end did not report.

Sec. 9.

Minnesota Statutes 2022, section 256N.26, subdivision 22, is amended to read:

Subd. 22.

Termination notice for caregivernew text begin or youthnew text end .

The agency that issues the
maintenance payment shall provide the child's caregiver new text begin or youth new text end with written notice of
termination of payment. Termination notices must be sent at least 15 days before the final
payment or, in the case of an unplanned termination, the notice is sent within three days of
the end of the payment. The written notice must minimally include the following:

(1) the date payment will end;

(2) the reason payments will end and the event that is the basis to terminate payment;

(3) a statement that the deleted text begin providerdeleted text end new text begin caregiver or youthnew text end has a right to a fair hearing review
by the department consistent with section 256.045, subdivision 3;

(4) the procedure to request a fair hearing; and

(5) the name, telephone number, and email address of a contact person at the agency.

Sec. 10.

Minnesota Statutes 2022, section 260C.178, subdivision 7, is amended to read:

Subd. 7.

deleted text begin Out-of-home placementdeleted text end new text begin Casenew text end plan.

new text begin (a) When the court has ordered the child
into the care of a parent under subdivision 1, paragraph (c), clause (1), the child protective
services plan under section 260E.26 must be filed within 30 days of the filing of the juvenile
protection petition under section 260C.141, subdivision 1.
new text end

deleted text begin (a)deleted text end new text begin (b) When the court orders the child into foster care under subdivision 1, paragraph
(c), clause (2), and not into the care of a parent,new text end an out-of-home placement plan required
under section 260C.212 deleted text begin shalldeleted text end new text begin mustnew text end be filed with the court within 30 days of the filing of a
juvenile protection petition under section 260C.141, subdivision 1, when the court orders
emergency removal of the child under this section, or filed with the petition if the petition
is a review of a voluntary placement under section 260C.141, subdivision 2.

deleted text begin (b)deleted text end new text begin (c)new text end Upon the filing of the new text begin child protective services plan under section 260E.26 or
new text end out-of-home placement plan deleted text begin whichdeleted text end new text begin thatnew text end has been developed jointly with the parent and in
consultation with others as required under section 260C.212, subdivision 1, the court may
approve implementation of the plan by the responsible social services agency based on the
allegations contained in the petition and any evaluations, examinations, or assessments
conducted under subdivision 1, paragraph deleted text begin (l)deleted text end new text begin (m)new text end . The court shall send written notice of the
approval of the new text begin child protective services plan or new text end out-of-home placement plan to all parties
and the county attorney or may state such approval on the record at a hearing. A parent may
agree to comply with the terms of the plan filed with the court.

deleted text begin (c)deleted text end new text begin (d)new text end The responsible social services agency shall make reasonable efforts to engage
both parents of the child in case planning. The responsible social service agency shall report
the results of its efforts to engage the child's parents in the new text begin child protective services plan or
new text end out-of-home placement plan filed with the court. The agency shall notify the court of the
services it will provide or efforts it will attempt under the plan notwithstanding the parent's
refusal to cooperate or disagreement with the services. The parent may ask the court to
modify the plan to require different or additional services requested by the parent, but which
the agency refused to provide. The court may approve the plan as presented by the agency
or may modify the plan to require services requested by the parent. The court's approval
deleted text begin shalldeleted text end new text begin mustnew text end be based on the content of the petition.

deleted text begin (d)deleted text end new text begin (e)new text end Unless the parent agrees to comply with the terms of the new text begin child protective services
plan or new text end out-of-home placement plan, the court may not order a parent to comply with the
provisions of the plan until the court finds the child is in need of protection or services and
orders disposition under section 260C.201, subdivision 1. However, the court may find that
the responsible social services agency has made reasonable efforts for reunification if the
agency makes efforts to implement the terms of deleted text begin andeleted text end new text begin the child protective services plan ornew text end
out-of-home placement plan approved under this section.

Sec. 11.

Minnesota Statutes 2022, section 260C.201, subdivision 1, is amended to read:

Subdivision 1.

Dispositions.

(a) If the court finds that the child is in need of protection
or services or neglected and in foster care, the court shall enter an order making any of the
following dispositions of the case:

(1) place the child under the protective supervision of the responsible social services
agency or child-placing agency in the home of a parent of the child under conditions
prescribed by the court directed to the correction of the child's need for protection or services:

(i) the court may order the child into the home of a parent who does not otherwise have
legal custody of the child, however, an order under this section does not confer legal custody
on that parent;

(ii) if the court orders the child into the home of a father who is not adjudicated, the
father must cooperate with paternity establishment proceedings regarding the child in the
appropriate jurisdiction as one of the conditions prescribed by the court for the child to
continue in the father's home; and

(iii) the court may order the child into the home of a noncustodial parent with conditions
and may also order both the noncustodial and the custodial parent to comply with the
requirements of a case plan under subdivision 2; or

(2) transfer legal custody to one of the following:

(i) a child-placing agency; or

(ii) the responsible social services agency. In making a foster care placement of a child
whose custody has been transferred under this subdivision, the agency shall make an
individualized determination of how the placement is in the child's best interests using the
placement consideration order for relatives and the best interest factors in section 260C.212,
subdivision 2, and may include a child colocated with a parent in a licensed residential
family-based substance use disorder treatment program under section 260C.190; or

(3) order a trial home visit without modifying the transfer of legal custody to the
responsible social services agency under clause (2). Trial home visit means the child is
returned to the care of the parent or guardian from whom the child was removed for a period
not to exceed six months. During the period of the trial home visit, the responsible social
services agency:

(i) shall continue to have legal custody of the child, which means that the agency may
see the child in the parent's home, at school, in a child care facility, or other setting as the
agency deems necessary and appropriate;

(ii) shall continue to have the ability to access information under section 260C.208;

(iii) shall continue to provide appropriate services to both the parent and the child during
the period of the trial home visit;

(iv) without previous court order or authorization, may terminate the trial home visit in
order to protect the child's health, safety, or welfare and may remove the child to foster care;

(v) shall advise the court and parties within three days of the termination of the trial
home visit when a visit is terminated by the responsible social services agency without a
court order; and

(vi) shall prepare a report for the court when the trial home visit is terminated whether
by the agency or court order that describes the child's circumstances during the trial home
visit and recommends appropriate orders, if any, for the court to enter to provide for the
child's safety and stability. In the event a trial home visit is terminated by the agency by
removing the child to foster care without prior court order or authorization, the court shall
conduct a hearing within ten days of receiving notice of the termination of the trial home
visit by the agency and shall order disposition under this subdivision or commence
permanency proceedings under sections 260C.503 to 260C.515. The time period for the
hearing may be extended by the court for good cause shown and if it is in the best interests
of the child as long as the total time the child spends in foster care without a permanency
hearing does not exceed 12 months;new text begin or
new text end

(4) if the child has been adjudicated as a child in need of protection or services because
the child is in need of special services or care to treat or ameliorate a physical or mental
disability or emotional disturbance as defined in section 245.4871, subdivision 15, the court
may order the child's parent, guardian, or custodian to provide it. The court may order the
child's health plan company to provide mental health services to the child. Section 62Q.535
applies to an order for mental health services directed to the child's health plan company.
If the health plan, parent, guardian, or custodian fails or is unable to provide this treatment
or care, the court may order it provided. Absent specific written findings by the court that
the child's disability is the result of abuse or neglect by the child's parent or guardian, the
court shall not transfer legal custody of the child for the purpose of obtaining special
treatment or care solely because the parent is unable to provide the treatment or care. If the
court's order for mental health treatment is based on a diagnosis made by a treatment
professional, the court may order that the diagnosing professional not provide the treatment
to the child if it finds that such an order is in the child's best interestsdeleted text begin ; ordeleted text end new text begin .
new text end

deleted text begin (5) if the court believes that the child has sufficient maturity and judgment and that it is
in the best interests of the child, the court may order a child 16 years old or older to be
allowed to live independently, either alone or with others as approved by the court under
supervision the court considers appropriate, if the county board, after consultation with the
court, has specifically authorized this dispositional alternative for a child.
deleted text end

(b) If the child was adjudicated in need of protection or services because the child is a
runaway or habitual truant, the court may order any of the following dispositions in addition
to or as alternatives to the dispositions authorized under paragraph (a):

(1) counsel the child or the child's parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court, including reasonable rules
for the child's conduct and the conduct of the parents, guardian, or custodian, designed for
the physical, mental, and moral well-being and behavior of the child;

(3) subject to the court's supervision, transfer legal custody of the child to one of the
following:

(i) a reputable person of good moral character. No person may receive custody of two
or more unrelated children unless licensed to operate a residential program under sections
245A.01 to 245A.16; or

(ii) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;

(4) require the child to pay a fine of up to $100. The court shall order payment of the
fine in a manner that will not impose undue financial hardship upon the child;

(5) require the child to participate in a community service project;

(6) order the child to undergo a chemical dependency evaluation and, if warranted by
the evaluation, order participation by the child in a drug awareness program or an inpatient
or outpatient chemical dependency treatment program;

(7) if the court believes that it is in the best interests of the child or of public safety that
the child's driver's license or instruction permit be canceled, the court may order the
commissioner of public safety to cancel the child's license or permit for any period up to
the child's 18th birthday. If the child does not have a driver's license or permit, the court
may order a denial of driving privileges for any period up to the child's 18th birthday. The
court shall forward an order issued under this clause to the commissioner, who shall cancel
the license or permit or deny driving privileges without a hearing for the period specified
by the court. At any time before the expiration of the period of cancellation or denial, the
court may, for good cause, order the commissioner of public safety to allow the child to
apply for a license or permit, and the commissioner shall so authorize;

(8) order that the child's parent or legal guardian deliver the child to school at the
beginning of each school day for a period of time specified by the court; or

(9) require the child to perform any other activities or participate in any other treatment
programs deemed appropriate by the court.

To the extent practicable, the court shall enter a disposition order the same day it makes
a finding that a child is in need of protection or services or neglected and in foster care, but
in no event more than 15 days after the finding unless the court finds that the best interests
of the child will be served by granting a delay. If the child was under eight years of age at
the time the petition was filed, the disposition order must be entered within ten days of the
finding and the court may not grant a delay unless good cause is shown and the court finds
the best interests of the child will be served by the delay.

(c) If a child who is 14 years of age or older is adjudicated in need of protection or
services because the child is a habitual truant and truancy procedures involving the child
were previously dealt with by a school attendance review board or county attorney mediation
program under section 260A.06 or 260A.07, the court shall order a cancellation or denial
of driving privileges under paragraph (b), clause (7), for any period up to the child's 18th
birthday.

(d) In the case of a child adjudicated in need of protection or services because the child
has committed domestic abuse and been ordered excluded from the child's parent's home,
the court shall dismiss jurisdiction if the court, at any time, finds the parent is able or willing
to provide an alternative safe living arrangement for the child, as defined in Laws 1997,
chapter 239, article 10, section 2.

(e) When a parent has complied with a case plan ordered under subdivision 6 and the
child is in the care of the parent, the court may order the responsible social services agency
to monitor the parent's continued ability to maintain the child safely in the home under such
terms and conditions as the court determines appropriate under the circumstances.

Sec. 12.

Minnesota Statutes 2022, section 260C.202, is amended to read:

260C.202 COURT REVIEW OF deleted text begin FOSTER CAREdeleted text end new text begin DISPOSITIONnew text end .

new text begin Subdivision 1. new text end

new text begin Court review for a child in the home of a parent under protective
supervision. new text end

new text begin If the court orders a child into the home of a parent under the protective
supervision of the responsible social services agency or child-placing agency under section
260C.201, subdivision 1, paragraph (a), clause (1), the court shall review the child protective
services plan under section 260E.26 at least every 90 days. The court shall notify the parents
of the provisions of sections 260C.503 to 260C.521, as required under juvenile court rules.
new text end

new text begin Subd. 2. new text end

new text begin Court review for a child placed in foster care. new text end

(a) If the court orders a child
placed in foster care, the court shall review the out-of-home placement plan and the child's
placement at least every 90 days as required in juvenile court rules to determine whether
continued out-of-home placement is necessary and appropriate or whether the child should
be returned home.

new text begin (b)new text end This review is not required if the court has returned the child home, ordered the child
permanently placed away from the parent under sections 260C.503 to 260C.521, or
terminated rights under section 260C.301. Court review for a child permanently placed
away from a parent, including where the child is under guardianship of the commissioner,
deleted text begin shall bedeleted text end new text begin isnew text end governed by section 260C.607.

new text begin (c)new text end When a child is placed in a qualified residential treatment program setting as defined
in section 260C.007, subdivision 26d, the responsible social services agency must submit
evidence to the court as specified in section 260C.712.

deleted text begin (b)deleted text end new text begin (d)new text end No later than three months after the child's placement in foster care, the court
shall review agency efforts to search for and notify relatives pursuant to section 260C.221,
and order that the agency's efforts begin immediately, or continue, if the agency has failed
to perform, or has not adequately performed, the duties under that section. The court must
order the agency to continue to appropriately engage relatives who responded to the notice
under section 260C.221 in placement and case planning decisions and to consider relatives
for foster care placement consistent with section 260C.221. Notwithstanding a court's finding
that the agency has made reasonable efforts to search for and notify relatives under section
260C.221, the court may order the agency to continue making reasonable efforts to search
for, notify, engage, and consider relatives who came to the agency's attention after sending
the initial notice under section 260C.221.

deleted text begin (c)deleted text end new text begin (e)new text end The court shall review the out-of-home placement plan and may modify the plan
as provided under section 260C.201, subdivisions 6 and 7.

deleted text begin (d)deleted text end new text begin (f)new text end When the court transfers the custody of a child to a responsible social services
agency resulting in foster care or protective supervision with a noncustodial parent under
subdivision 1, the court shall notify the parents of the provisions of sections 260C.204 and
260C.503 to 260C.521, as required under juvenile court rules.

deleted text begin (e)deleted text end new text begin (g)new text end When a child remains in or returns to foster care pursuant to section 260C.451
and the court has jurisdiction pursuant to section 260C.193, subdivision 6, paragraph (c),
the court shall at least annually conduct the review required under section 260C.203.

Sec. 13.

Minnesota Statutes 2022, section 260C.209, subdivision 1, is amended to read:

Subdivision 1.

Subjects.

The responsible social services agency may have access to the
criminal history and history of child and adult maltreatment on the following individuals:

(1) a noncustodial parent or nonadjudicated parent who is being assessed for purposes
of providing day-to-day care of a child temporarily or permanently under section 260C.219
and any member of the parent's household who is over the age of 13 when there is a
reasonable cause to believe that the parent or household member over age 13 has a criminal
history or a history of maltreatment of a child or vulnerable adult deleted text begin whichdeleted text end new text begin thatnew text end would endanger
the child's health, safety, or welfare;

(2) an individual deleted text begin whose suitability for relative placement under section 260C.221 is
being determineddeleted text end and any member of the deleted text begin relative'sdeleted text end new text begin individual'snew text end household who is over the
age of 13 when:

deleted text begin (i) the relative must be licensed for foster care; or
deleted text end

new text begin (i) the individual is being considered for relative placement under section 260C.221;
new text end

(ii) the background study is required under section 259.53, subdivision 2; or

(iii) deleted text begin the agency or the commissioner has reasonable cause to believe the relative or
household member over the age of 13 has a criminal history which would not makedeleted text end new text begin a petition
tonew text end transfer deleted text begin ofdeleted text end permanent legal and physical custody to the relative deleted text begin underdeleted text end new text begin has been filed
according tonew text end section 260C.515, subdivision 4, deleted text begin in the child's best interestdeleted text end new text begin paragraph (d), and
the relative is not pursuing Northstar kinship assistance eligibility for the child under chapter
256Nnew text end ; and

(3) a parent, following an out-of-home placement, when the responsible social services
agency has reasonable cause to believe that the parent has been convicted of a crime directly
related to the parent's capacity to maintain the child's health, safety, or welfare or the parent
is the subject of an open investigation of, or has been the subject of a substantiated allegation
of, child or vulnerable-adult maltreatment within the past ten years.

"Reasonable cause" means that the agency has received information or a report from the
subject or a third person that creates an articulable suspicion that the individual has a history
that may pose a risk to the health, safety, or welfare of the child. The information or report
must be specific to the potential subject of the background check and deleted text begin shalldeleted text end new text begin mustnew text end not be
based on the race, religion, ethnic background, age, class, or lifestyle of the potential subject.

Sec. 14.

Minnesota Statutes 2022, section 260C.212, subdivision 2, is amended to read:

Subd. 2.

Placement decisions based on best interests of the child.

(a) The policy of
the state of Minnesota is to ensure that the child's best interests are met by requiring an
individualized determination of the needs of the child in consideration of paragraphs (a) to
(f), and of how the selected placement will serve the current and future needs of the child
being placed. The authorized child-placing agency shall place a child, released by court
order or by voluntary release by the parent or parents, in a family foster home selected by
considering placement with relatives in the following order:

(1) with an individual who is related to the child by blood, marriage, or adoption,
including the legal parent, guardian, or custodian of the child's sibling; or

(2) with an individual who is an important friend of the child or of the child's parent or
custodian, including an individual with whom the child has resided or had significant contact
or who has a significant relationship to the child or the child's parent or custodian.

For an Indian child, the agency shall follow the order of placement preferences in the Indian
Child Welfare Act of 1978, United States Code, title 25, section 1915.

(b) Among the factors the agency shall consider in determining the current and future
needs of the child are the following:

(1) the child's current functioning and behaviors;

(2) the medical needs of the child;

(3) the educational needs of the child;

(4) the developmental needs of the child;

(5) the child's history and past experience;

(6) the child's religious and cultural needs;

(7) the child's connection with a community, school, and faith community;

(8) the child's interests and talents;

(9) the child's current and long-term needs regarding relationships with parents, siblings,
relatives, and other caretakers;

(10) the reasonable preference of the child, if the court, or the child-placing agency in
the case of a voluntary placement, deems the child to be of sufficient age to express
preferences; and

(11) for an Indian child, the best interests of an Indian child as defined in section 260.755,
subdivision 2a.

When placing a child in foster care or in a permanent placement based on an individualized
determination of the child's needs, the agency must not use one factor in this paragraph to
the exclusion of all others, and the agency shall consider that the factors in paragraph (b)
may be interrelated.

(c) Placement of a child cannot be delayed or denied based on race, color, or national
origin of the foster parent or the child.

(d) Siblings should be placed together for foster care and adoption at the earliest possible
time unless it is documented that a joint placement would be contrary to the safety or
well-being of any of the siblings or unless it is not possible after reasonable efforts by the
responsible social services agency. In cases where siblings cannot be placed together, the
agency is required to provide frequent visitation or other ongoing interaction between
siblings unless the agency documents that the interaction would be contrary to the safety
or well-being of any of the siblings.

(e) deleted text begin Except for emergency placement as provided for in section 245A.035,deleted text end The following
requirements must be satisfied before the approval of a foster deleted text begin or adoptivedeleted text end placement in a
related or unrelated home: (1) a completed background study under section 245C.08; and
(2) a completed review of the written home study required under section 260C.215,
subdivision 4, clause (5), deleted text begin or 260C.611,deleted text end to assess the capacity of the prospective foster deleted text begin or
adoptivedeleted text end parent to ensure the placement will meet the needs of the individual child.new text begin For
adoptive placements in a related or unrelated home, the home must meet the requirements
of section 260C.611.
new text end

(f) The agency must determine whether colocation with a parent who is receiving services
in a licensed residential family-based substance use disorder treatment program is in the
child's best interests according to paragraph (b) and include that determination in the child's
case plan under subdivision 1. The agency may consider additional factors not identified
in paragraph (b). The agency's determination must be documented in the child's case plan
before the child is colocated with a parent.

(g) The agency must establish a juvenile treatment screening team under section 260C.157
to determine whether it is necessary and appropriate to recommend placing a child in a
qualified residential treatment program, as defined in section 260C.007, subdivision 26d.

new text begin (h) A child in foster care must not be placed in an unlicensed emergency relative
placement under section 245A.035 or licensed family foster home when the responsible
social service agency is aware that a prospective foster parent, license applicant, license
holder, or adult household member has a permanent disqualification under section 245C.15,
subdivision 4a, paragraphs (a) and (b).
new text end

Sec. 15.

Minnesota Statutes 2022, section 260C.301, subdivision 1, is amended to read:

Subdivision 1.

Voluntary and involuntary.

The juvenile court may upon petition,
terminate all rights of a parent to a child:

(a) with the written consent of a parent who for good cause desires to terminate parental
rights; or

(b) if it finds that one or more of the following conditions exist:

(1) that the parent has abandoned the child;

(2) that the parent has substantially, continuously, or repeatedly refused or neglected to
comply with the duties imposed upon that parent by the parent and child relationship,
including but not limited to providing the child with necessary food, clothing, shelter,
education, and other care and control necessary for the child's physical, mental, or emotional
health and development, if the parent is physically and financially able, and either reasonable
efforts by the social services agency have failed to correct the conditions that formed the
basis of the petition or reasonable efforts would be futile and therefore unreasonable;

deleted text begin (3) that a parent has been ordered to contribute to the support of the child or financially
aid in the child's birth and has continuously failed to do so without good cause. This clause
shall not be construed to state a grounds for termination of parental rights of a noncustodial
parent if that parent has not been ordered to or cannot financially contribute to the support
of the child or aid in the child's birth;
deleted text end

deleted text begin (4)deleted text end new text begin (3)new text end that a parent is palpably unfit to be a party to the parent and child relationship
because of a consistent pattern of specific conduct before the child or of specific conditions
directly relating to the parent and child relationship either of which are determined by the
court to be of a duration or nature that renders the parent unable, for the reasonably
foreseeable future, to care appropriately for the ongoing physical, mental, or emotional
needs of the child. It is presumed that a parent is palpably unfit to be a party to the parent
and child relationship upon a showing that the parent's parental rights to one or more other
children were involuntarily terminated or that the parent's custodial rights to another child
have been involuntarily transferred to a relative under Minnesota Statutes 2010, section
260C.201, subdivision 11, paragraph (e), clause (1), section 260C.515, subdivision 4, or a
similar law of another jurisdiction;

deleted text begin (5)deleted text end new text begin (4)new text end that following the child's placement out of the home, reasonable efforts, under
the direction of the court, have failed to correct the conditions leading to the child's
placement. It is presumed that reasonable efforts under this clause have failed upon a showing
that:

(i) a child has resided out of the parental home under court order for a cumulative period
of 12 months within the preceding 22 months. In the case of a child under age eight at the
time the petition was filed alleging the child to be in need of protection or services, the
presumption arises when the child has resided out of the parental home under court order
for six months unless the parent has maintained regular contact with the child and the parent
is complying with the out-of-home placement plan;

(ii) the court has approved the out-of-home placement plan required under section
260C.212 and filed with the court under section 260C.178;

(iii) conditions leading to the out-of-home placement have not been corrected. It is
presumed that conditions leading to a child's out-of-home placement have not been corrected
upon a showing that the parent or parents have not substantially complied with the court's
orders and a reasonable case plan; and

(iv) reasonable efforts have been made by the social services agency to rehabilitate the
parent and reunite the family.

This clause does not prohibit the termination of parental rights prior to one year, or in
the case of a child under age eight, prior to six months after a child has been placed out of
the home.

It is also presumed that reasonable efforts have failed under this clause upon a showing
that:

(A) the parent has been diagnosed as chemically dependent by a professional certified
to make the diagnosis;

(B) the parent has been required by a case plan to participate in a chemical dependency
treatment program;

(D) the parent has either failed two or more times to successfully complete a treatment
program or has refused at two or more separate meetings with a caseworker to participate
in a treatment program; and

(E) the parent continues to abuse chemicals.

deleted text begin (6)deleted text end new text begin (5)new text end that a child has experienced egregious harm in the parent's care deleted text begin whichdeleted text end new text begin thatnew text end is of
a nature, duration, or chronicity that indicates a lack of regard for the child's well-being,
such that a reasonable person would believe it contrary to the best interest of the child or
of any child to be in the parent's care;

deleted text begin (7)deleted text end new text begin (6)new text end that in the case of a child born to a mother who was not married to the child's
father when the child was conceived nor when the child was born the person is not entitled
to notice of an adoption hearing under section 259.49 and the person has not registered with
the fathers' adoption registry under section 259.52;

deleted text begin (8)deleted text end new text begin (7)new text end that the child is neglected and in foster care; or

deleted text begin (9)deleted text end new text begin (8)new text end that the parent has been convicted of a crime listed in section 260.012, paragraph
(g), clauses (1) to (5).

In an action involving an American Indian child, sections 260.751 to 260.835 and the
Indian Child Welfare Act, United States Code, title 25, sections 1901 to 1923, control to
the extent that the provisions of this section are inconsistent with those laws.

Sec. 16.

Minnesota Statutes 2022, section 260C.515, subdivision 4, is amended to read:

Subd. 4.

new text begin Transfer of permanent legal and physical new text end custody deleted text begin to relativedeleted text end .

new text begin (a) new text end The court
may order new text begin a transfer of new text end permanent legal and physical custody tonew text begin :
new text end

new text begin (1) a parent. The court must find that the parent understands a transfer of permanent
legal and physical custody includes permanent, ongoing responsibility for the protection,
education, care, and control of the child and decision making on behalf of the child until
adulthood; or
new text end

new text begin (2)new text end a fit and willing relative deleted text begin in the best interests of the childdeleted text end according to the deleted text begin followingdeleted text end
requirementsdeleted text begin :deleted text end new text begin in paragraph (b).
new text end

deleted text begin (1)deleted text end new text begin (b)new text end An order for transfer of permanent legal and physical custody to a relative deleted text begin shalldeleted text end new text begin
mustnew text end only be made after the court has reviewed the suitability of the prospective legal and
physical custodiandeleted text begin ;deleted text end new text begin , including a summary of information obtained from required background
studies under section 245C.33 or 260C.209, if the court finds the permanency disposition
to be in the child's best interests.
new text end

deleted text begin (2)deleted text end In transferring permanent legal and physical custody to a relative, the juvenile court
shall follow the standards applicable under this chapter and chapter 260, and the procedures
in the Minnesota Rules of Juvenile Protection Proceduredeleted text begin ;deleted text end new text begin . The court must issue written
findings that include the following:
new text end

new text begin (1) the prospective legal and physical custodian understands that:
new text end

deleted text begin (3)deleted text end new text begin (i)new text end a transfer of new text begin permanent new text end legal and physical custody includes new text begin permanent, ongoing
new text end responsibility for the protection, education, care, and control of the child and decision
making on behalf of the childnew text begin until adulthoodnew text end ;new text begin and
new text end

deleted text begin (4)deleted text end new text begin (ii)new text end a permanent legal and physical custodian deleted text begin maydeleted text end new text begin shallnew text end not return a child to the
permanent care of a parent from whom the court removed custody without the court's
approval and without notice to the responsible social services agency;

new text begin (2) transfer of permanent legal and physical custody and receipt of Northstar kinship
assistance under chapter 256N, when requested and the child is eligible, are in the child's
best interests;
new text end

new text begin (3) when the agency files the petition under paragraph (c) or supports the petition filed
under paragraph (d), adoption is not in the child's best interests based on the determinations
in the kinship placement agreement required under section 256N.22, subdivision 2;
new text end

new text begin (4) the agency made efforts to discuss adoption with the child's parent or parents, or the
agency did not make efforts to discuss adoption and the reasons why efforts were not made;
and
new text end

new text begin (5) there are reasons to separate siblings during placement, if applicable.
new text end

deleted text begin (5)deleted text end new text begin (c)new text end The new text begin responsible new text end social services agency may file a petition naming a fit and willing
relative as a proposed permanent legal and physical custodian. A petition for transfer of
permanent legal and physical custody to a relative deleted text begin who is not a parentdeleted text end shall new text begin include facts
upon which the court can determine suitability of the proposed custodian, including a
summary of results from required background studies completed under section 245C.33.
The petition must new text end be accompanied by a kinship placement agreement under section 256N.22,
subdivision 2, between the agency and proposed permanent legal and physical custodiandeleted text begin ;deleted text end new text begin .
new text end

deleted text begin (6)deleted text end new text begin (d)new text end Another party to the permanency proceeding regarding the child may file a petition
to transfer permanent legal and physical custody to a relative. The petition must include
facts upon which the court can make the deleted text begin determinationdeleted text end new text begin determinationsnew text end required under deleted text begin clause
(7) anddeleted text end new text begin paragraph (b), including suitability of the proposed custodian and, if completed, a
summary of results from required background studies completed under section 245C.33 or
260C.209. If background studies have not been completed at the time of filing the petition,
they must be completed and a summary of results provided to the court prior to the court
granting the petition or finalizing the order according to paragraph (e). The petitionnew text end must
be filed deleted text begin notdeleted text end new text begin nonew text end later than the date for the required admit-deny hearing under section 260C.507;
or if the agency's petition is filed under section 260C.503, subdivision 2, the petition must
be filed not later than 30 days prior to the trial required under section 260C.509deleted text begin ;deleted text end new text begin .
new text end

deleted text begin (7) where a petition is for transfer of permanent legal and physical custody to a relative
who is not a parent, the court must find that:
deleted text end

deleted text begin (i) transfer of permanent legal and physical custody and receipt of Northstar kinship
assistance under chapter 256N, when requested and the child is eligible, are in the child's
best interests;
deleted text end

deleted text begin (ii) adoption is not in the child's best interests based on the determinations in the kinship
placement agreement required under section 256N.22, subdivision 2;
deleted text end

deleted text begin (iii) the agency made efforts to discuss adoption with the child's parent or parents, or
the agency did not make efforts to discuss adoption and the reasons why efforts were not
made; and
deleted text end

deleted text begin (iv) there are reasons to separate siblings during placement, if applicable;
deleted text end

deleted text begin (8)deleted text end new text begin (e)new text end The court maynew text begin :
new text end

new text begin (1)new text end defer finalization of an order transferring permanent legal and physical custody to a
relative when deferring finalization is necessary to determine eligibility for Northstar kinship
assistance under chapter 256N;

deleted text begin (9) the court maydeleted text end new text begin (2)new text end finalize a deleted text begin permanentdeleted text end transfer of new text begin permanent legal and new text end physical deleted text begin and
legaldeleted text end custody to a relative regardless of eligibility for Northstar kinship assistance under
chapter 256Nnew text begin , provided that the court has reviewed the suitability of the proposed custodian,
including the summary of background study results, consistent with paragraph (b)new text end ; and

deleted text begin (10) the juvenile court maydeleted text end new text begin (3) following a transfer of permanent legal and physical
custody to a relative,new text end maintain jurisdiction over the responsible social services agency, the
parents or guardian of the child, the child, and the permanent legal and physical custodian
for purposes of ensuring appropriate services are delivered to the child and permanent legal
custodian for the purpose of ensuring conditions ordered by the court related to the care and
custody of the child are met.

Sec. 17.

Minnesota Statutes 2022, section 260C.607, subdivision 1, is amended to read:

Subdivision 1.

Review hearings.

(a) The court shall conduct a review of the responsible
social services agency's reasonable efforts to finalize adoption for any child under the
guardianship of the commissioner and of the progress of the case toward adoption at least
every 90 days after the court issues an order that the commissioner is the guardian of the
child.

(b) The review of progress toward adoption shall continue notwithstanding that an appeal
is made of the order for guardianshipnew text begin or termination of parental rightsnew text end .

(c) The agency's reasonable efforts to finalize the adoption must continue during the
pendency of the appeal new text begin under paragraph (b) or subdivision 6, paragraph (h), new text end and all progress
toward adoption shall continue except that the court may not finalize an adoption while the
appeal is pending.

Sec. 18.

Minnesota Statutes 2022, section 260C.607, subdivision 6, is amended to read:

Subd. 6.

Motion and hearing to order adoptive placement.

(a) At any time after the
district court orders the child under the guardianship of the commissioner of human services,
but not later than 30 days after receiving notice required under section 260C.613, subdivision
1, paragraph (c), that the agency has made an adoptive placement, a relative or the child's
foster parent may file a motion for an order for adoptive placement of a child who is under
the guardianship of the commissioner if the relative or the child's foster parent:

(1) has an adoption home study under section 259.41 or 260C.611 approving the relative
or foster parent for adoption. If the relative or foster parent does not have an adoption home
study, an affidavit attesting to efforts to complete an adoption home study may be filed with
the motion instead. The affidavit must be signed by the relative or foster parent and the
responsible social services agency or licensed child-placing agency completing the adoption
home study. The relative or foster parent must also have been a resident of Minnesota for
at least six months before filing the motion; the court may waive the residency requirement
for the moving party if there is a reasonable basis to do so; or

(2) is not a resident of Minnesota, but has an approved adoption home study by an agency
licensed or approved to complete an adoption home study in the state of the individual's
residence and the study is filed with the motion for adoptive placement. If the relative or
foster parent does not have an adoption home study in the relative or foster parent's state
of residence, an affidavit attesting to efforts to complete an adoption home study may be
filed with the motion instead. The affidavit must be signed by the relative or foster parent
and the agency completing the adoption home study.

(b) The motion deleted text begin shalldeleted text end new text begin mustnew text end be filed with the court conducting reviews of the child's
progress toward adoption under this section. The motion and supporting documents must
make a prima facie showing that the agency has been unreasonable in failing to make the
requested adoptive placement. The motion must be served according to the requirements
for motions under the Minnesota Rules of Juvenile Protection Procedure and deleted text begin shalldeleted text end new text begin mustnew text end be
made on all individuals and entities listed in subdivision 2.

(c) If the motion and supporting documents do not make a prima facie showing for the
court to determine whether the agency has been unreasonable in failing to make the requested
adoptive placement, the court shall dismiss the motion. If the court determines a prima facie
basis is made, the court shall set the matter for evidentiary hearing.

(d) At the evidentiary hearing, the responsible social services agency shall proceed first
with evidence about the reason for not making the adoptive placement proposed by the
moving party. When the agency presents evidence regarding the child's current relationship
with the identified adoptive placement resource, the court must consider the agency's efforts
to support the child's relationship with the moving party consistent with section 260C.221.
The moving party then has the burden of proving by a preponderance of the evidence that
the agency has been unreasonable in failing to make the adoptive placement.

(e) The court shall review and enter findings regarding whether the agency, in making
an adoptive placement decision for the child:

(1) considered relatives for adoptive placement in the order specified under section
260C.212, subdivision 2, paragraph (a); and

(2) assessed how the identified adoptive placement resource and the moving party are
each able to meet the child's current and future needs, based on an individualized
determination of the child's needs, as required under sections 260C.212, subdivision 2, and
260C.613, subdivision 1, paragraph (b).

(f) At the conclusion of the evidentiary hearing, if the court finds that the agency has
been unreasonable in failing to make the adoptive placement and that the moving party is
the most suitable adoptive home to meet the child's needs using the factors in section
260C.212, subdivision 2, paragraph (b), the court may:

(1) order the responsible social services agency to make an adoptive placement in the
home of the moving party if the moving party has an approved adoption home study; or

(2) order the responsible social services agency to place the child in the home of the
moving party upon approval of an adoption home study. The agency must promote and
support the child's ongoing visitation and contact with the moving party until the child is
placed in the moving party's home. The agency must provide an update to the court after
90 days, including progress and any barriers encountered. If the moving party does not have
an approved adoption home study within 180 days, the moving party and the agency must
inform the court of any barriers to obtaining the approved adoption home study during a
review hearing under this section. If the court finds that the moving party is unable to obtain
an approved adoption home study, the court must dismiss the order for adoptive placement
under this subdivision and order the agency to continue making reasonable efforts to finalize
the adoption of the child as required under section 260C.605.

(g) If, in order to ensure that a timely adoption may occur, the court orders the responsible
social services agency to make an adoptive placement under this subdivision, the agency
shall:

(1) make reasonable efforts to obtain a fully executed adoption placement agreement,
including assisting the moving party with the adoption home study process;

(2) work with the moving party regarding eligibility for adoption assistance as required
under chapter 256N; and

(3) if the moving party is not a resident of Minnesota, timely refer the matter for approval
of the adoptive placement through the Interstate Compact on the Placement of Children.

(h) Denial or granting of a motion for an order for adoptive placement after an evidentiary
hearing is an order deleted text begin whichdeleted text end new text begin thatnew text end may be appealed by the responsible social services agency,
the moving party, the child, when age ten or over, the child's guardian ad litem, and any
individual who had a fully executed adoption placement agreement regarding the child at
the time the motion was filed if the court's order has the effect of terminating the adoption
placement agreement. An appeal deleted text begin shalldeleted text end new text begin mustnew text end be conducted according to the requirements of
the Rules of Juvenile Protection Procedure.new text begin Pursuant to subdivision 1, paragraph (c), the
court shall not finalize an adoption while an appeal is pending.
new text end

Sec. 19.

Minnesota Statutes 2022, section 260C.611, is amended to read:

260C.611 ADOPTION STUDY REQUIRED.

(a) An adoption study under section 259.41 approving placement of the child in the
home of the prospective adoptive parent deleted text begin shalldeleted text end new text begin mustnew text end be completed before placing any child
under the guardianship of the commissioner in a home for adoption. If a prospective adoptive
parent has a current child foster care license under chapter 245A and is seeking to adopt a
foster child who is placed in the prospective adoptive parent's home and is under the
guardianship of the commissioner according to section 260C.325, subdivision 1, the child
foster care home study meets the requirements of this section for an approved adoption
home study if:

(1) the written home study on which the foster care license was based is completed in
the commissioner's designated format, consistent with the requirements in sections 259.41,
subdivision 2; and 260C.215, subdivision 4, clause (5); and Minnesota Rules, part 2960.3060,
subpart 4;

(2) the background studies on each prospective adoptive parent and all required household
members were completed according to section 245C.33;

(3) the commissioner has not issueddeleted text begin , within the last three years,deleted text end a sanction on the license
under section 245A.07 or an order of a conditional license under section 245A.06new text begin within
the last three years, or the commissioner has determined it to be in the child's best interests
to allow the child foster care home study to meet requirements of an approved adoption
home study upon review of the legally responsible agency's adoptive placement decisionnew text end ;
and

(4) the legally responsible agency determines that the individual needs of the child are
being met by the prospective adoptive parent through an assessment under section 256N.24,
subdivision 2, or a documented placement decision consistent with section 260C.212,
subdivision 2.

(b) If a prospective adoptive parent has previously held a foster care license or adoptive
home study, any update necessary to the foster care license, or updated or new adoptive
home study, if not completed by the licensing authority responsible for the previous license
or home study, shall include collateral information from the previous licensing or approving
agency, if available.

Sec. 20.

Minnesota Statutes 2022, section 260C.613, subdivision 1, is amended to read:

Subdivision 1.

Adoptive placement decisions.

(a) The responsible social services agency
has exclusive authority to make an adoptive placement deleted text begin ofdeleted text end new text begin decision fornew text end a child under the
guardianship of the commissioner. The child deleted text begin shall be considereddeleted text end new text begin is legallynew text end placed for adoption
when the adopting parent, the agency, and the commissioner have fully executed an adoption
placement agreement on the form prescribed by the commissioner.

(b) The responsible social services agency shall use an individualized determination of
the child's current and future needs, pursuant to section 260C.212, subdivision 2, paragraph
(b), to determine the most suitable adopting parent for the child in the child's best interests.
The responsible social services agency must consider adoptive placement of the child with
relatives in the order specified in section 260C.212, subdivision 2, paragraph (a).

(c) The responsible social services agency shall notify the court and parties entitled to
notice under section 260C.607, subdivision 2, when there is a fully executed adoption
placement agreement for the child.

new text begin (d) Pursuant to section 260C.615, subdivision 1, paragraph (b), clause (4), the responsible
social services agency shall immediately notify the commissioner if the agency learns of
any new or previously undisclosed criminal or maltreatment information involving an
adoptive placement of a child under guardianship of the commissioner.
new text end

deleted text begin (d)deleted text end new text begin (e)new text end In the event new text begin a party to new text end an adoption placement agreement terminatesnew text begin the agreementnew text end ,
the responsible social services agency shall notify the court, the parties entitled to notice
under section 260C.607, subdivision 2, and the commissioner that the agreement and the
adoptive placement have terminated.

Sec. 21.

Minnesota Statutes 2022, section 260C.615, subdivision 1, is amended to read:

Subdivision 1.

Duties.

(a) For any child who is under the guardianship of the
commissioner, the commissioner has the exclusive rights to consent to:

(1) the medical care plan for the treatment of a child who is at imminent risk of death
or who has a chronic disease that, in a physician's judgment, will result in the child's death
in the near future including a physician's order not to resuscitate or intubate the child; and

(2) the child donating a part of the child's body to another person while the child is living;
the decision to donate a body part under this clause shall take into consideration the child's
wishes and the child's culture.

(b) In addition to the exclusive rights under paragraph (a), the commissioner has a duty
to:

(1) process any complete and accurate request for home study and placement through
the Interstate Compact on the Placement of Children under section 260.851;

(2) process any complete and accurate application for adoption assistance forwarded by
the responsible social services agency according to chapter 256N;

(3) review and process an adoption placement agreement forwarded to the commissioner
by the responsible social services agency and return it to the agency in a timely fashion;
deleted text begin and
deleted text end

new text begin (4) review new or previously undisclosed information received from the agency or other
individuals or entities that may impact the health, safety, or well-being of a child who is
the subject of a fully executed adoption placement agreement; and
new text end

deleted text begin (4)deleted text end new text begin (5)new text end maintain records as required in chapter 259.

Sec. 22.

Minnesota Statutes 2022, section 260E.03, subdivision 23, is amended to read:

Subd. 23.

Threatened injury.

(a) "Threatened injury" means a statement, overt act,
condition, or status that represents a substantial risk of physical or sexual abuse or mental
injury.

(b) Threatened injury includes, but is not limited to, exposing a child to a person
responsible for the child's care, as defined in subdivision 17, who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition that
constitutes egregious harm under subdivision 5 or a similar law of another jurisdiction;

(2) been found to be palpably unfit under section 260C.301, subdivision 1, paragraph
(b), clause (4), or a similar law of another jurisdiction;

(3) committed an act that resulted in an involuntary termination of parental rights under
section 260C.301, or a similar law of another jurisdiction; or

(4) committed an act that resulted in the involuntary transfer of permanent legal and
physical custody of a child to a relativenew text begin or parentnew text end under Minnesota Statutes 2010, section
260C.201, subdivision 11, paragraph (d), clause (1), section 260C.515, subdivision 4, or a
similar law of another jurisdiction.

(c) A child is the subject of a report of threatened injury when the local welfare agency
receives birth match data under section 260E.14, subdivision 4, from the Department of
Human Services.

ARTICLE 4

ADOPTION RECORDS

Section 1.

Minnesota Statutes 2023 Supplement, section 144.2252, subdivision 2, is
amended to read:

Subd. 2.

Release of original birth record.

(a) The state registrar must provide to an
adopted person who is 18 years of age or older or a person related to the adopted person a
copy of the adopted person's original birth record and any evidence of the adoption previously
filed with the state registrar. To receive a copy of an original birth record under this
subdivision, the adopted person or person related to the adopted person must make the
request to the state registrar in writing. The copy of the original birth record must clearly
indicate that it may not be used for identification purposes. All procedures, fees, and waiting
periods applicable to a nonadopted person's request for a copy of a birth record apply in the
same manner as requests made under this section.

(b) If a contact preference form is attached to the original birth record as authorized
under section 144.2253, the state registrar must provide a copy of the contact preference
form along with the copy of the adopted person's original birth record.

(c) The state registrar shall provide a transcript of an adopted person's original birth
record to an authorized representative of a federally recognized American Indian Tribe for
the sole purpose of determining the adopted person's eligibility for enrollment or membership.
Information contained in the birth record may not be used to provide the adopted person
information about the person's birth parents, except as provided in this section or section
259.83.

(d) For a replacement birth record issued under section 144.218, the adopted person or
a person related to the adopted person may obtain from the state registrar copies of the order
or decree of adoption, certificate of adoption, or decree issued under section 259.60, as filed
with the state registrar.

new text begin (e) The state registrar may request assistance from the commissioner of human services
if needed to discharge duties under this section, as authorized under section 259.79.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 144.2253, is amended to read:

144.2253 BIRTH PARENT CONTACT PREFERENCE FORM.

(a) The commissioner must make available to the public a contact preference form as
described in paragraph (b).

(b) The contact preference form must provide the following information to be completed
at the option of a birth parent:

(1) "I would like to be contacted."

(2) "I would prefer to be contacted only through an intermediary."

(3) "I prefer not to be contacted at this time. If I decide later that I would like to be
contacted, I will submit an updated contact preference form to the Minnesota Department
of Health."

(c) A contact preference form must include space where the birth parent may include
information that the birth parent feels is important for the adopted person to know.

(d) If a birth parent of an adopted person submits a completed contact preference form
to the commissioner, the commissioner must:

(1) match the contact preference form to the adopted person's original birth recordnew text begin . The
commissioner may request assistance from the commissioner of human services if needed
to discharge duties under this clause, as authorized under section 259.79new text end ; and

(2) attach the contact preference form to the original birth record as required under
section 144.2252.

(e) A contact preference form submitted to the commissioner under this section is private
data on an individual as defined in section 13.02, subdivision 12, except that the contact
preference form may be released as provided under section 144.2252, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2022, section 259.37, subdivision 2, is amended to read:

Subd. 2.

Disclosure to birth parents and adoptive parents.

An agency shall provide
a disclosure statement written in clear, plain language to be signed by the prospective
adoptive parents and birth parents, except that in intercountry adoptions, the signatures of
birth parents are not required. The disclosure statement must contain the following
information:

(1) fees charged to the adoptive parent, including any policy on sliding scale fees or fee
waivers and an itemization of the amount that will be charged for the adoption study,
counseling, postplacement services, family of origin searches, birth parent expenses
authorized under section 259.55, or any other services;

(2) timeline for the adoptive parent to make fee payments;

(3) likelihood, given the circumstances of the prospective adoptive parent and any specific
program to which the prospective adoptive parent is applying, that an adoptive placement
may be made and the estimated length of time for making an adoptive placement. These
estimates must be based on adoptive placements made with prospective parents in similar
circumstances applying to a similar program with the agency during the immediately
preceding three to five years. If an agency has not been in operation for at least three years,
it must provide summary data based on whatever adoptive placements it has made and may
include a statement about the kind of efforts it will make to achieve an adoptive placement,
including a timetable it will follow in seeking a child. The estimates must include a statement
that the agency cannot guarantee placement of a child or a time by which a child will be
placed;

(4) a statement of the services the agency will provide the birth and adoptive parents;

(5) a statement prepared by the commissioner under section 259.39 that explains the
child placement and adoption process and the respective legal rights and responsibilities of
the birth parent and prospective adoptive parent during the process including a statement
that the prospective adoptive parent is responsible for filing an adoption petition not later
than 12 months after the child is placed in the prospective adoptive home;

(6) a statement regarding any information the agency may have about attorney referral
services, or about obtaining assistance with completing legal requirements for an adoption;
deleted text begin and
deleted text end

new text begin (7) a statement regarding the right of an adopted person to request and obtain a copy of
the adopted person's original birth record at the age and circumstances specified in section
144.2253 and the right of the birth parent named on the adopted person's original birth
record to file a contact preference form with the state registrar pursuant to section 144.2253;
and
new text end

deleted text begin (7)deleted text end new text begin (8)new text end an acknowledgment to be signed by the birth parent and prospective adoptive
parent that they have received, read, and had the opportunity to ask questions of the agency
about the contents of the disclosure statement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 259.79, subdivision 1, is amended to read:

Subdivision 1.

Content.

(a) The adoption records of the commissioner's agents and
licensed child-placing agencies shall contain copies of all relevant legal documents,
responsibly collected genetic, medical and social history of the child and the child's birth
parents, the child's placement record, copies of all pertinent agreements, contracts, and
correspondence relevant to the adoption, and copies of all reports and recommendations
made to the court.

(b) The commissioner of human services shall maintain a permanent record of all
adoptions granted in district court in Minnesota regarding children who are:

(1) under guardianship of the commissioner or a licensed child-placing agency according
to section 260C.317 or 260C.515, subdivision 3;

(2) placed by the commissioner, commissioner's agent, or licensed child-placing agency
after a consent to adopt according to section 259.24 or under an agreement conferring
authority to place for adoption according to section 259.25; or

(3) adopted after a direct adoptive placement approved by the district court under section
259.47.

Each record shall contain identifying information about the child, the birth or legal
parents, and adoptive parents, including race where such data is available. The record must
also contain: (1) the date the child was legally freed for adoption; (2) the date of the adoptive
placement; (3) the name of the placing agency; (4) the county where the adoptive placement
occurred; (5) the date that the petition to adopt was filed; (6) the county where the petition
to adopt was filed; and (7) the date and county where the adoption decree was granted.

(c) Identifying information contained in the adoption record deleted text begin shalldeleted text end new text begin mustnew text end be confidential
and deleted text begin shalldeleted text end new text begin mustnew text end be disclosed only pursuant to section 259.61new text begin or, for adoption records
maintained by the commissioner of human services, upon request from the commissioner
of health or state registrar pursuant to sections 144.2252 and 144.2253new text end .

Sec. 5.

Minnesota Statutes 2023 Supplement, section 259.83, subdivision 1, is amended
to read:

Subdivision 1.

Services provided.

(a) Agencies shall provide assistance and counseling
services upon receiving a request for current information from adoptive parents, birth parents,
deleted text begin ordeleted text end adopted persons aged 18 years of age and oldernew text begin , or adult siblings of adopted personsnew text end .
The agency shall contact the other adult persons or the adoptive parents of a minor child in
a personal and confidential manner to determine whether there is a desire to receive or share
information or to have contact. If there is such a desire, the agency shall provide the services
requested. The agency shall deleted text begin provide services to adult genetic siblings if there is no known
violation of the confidentiality of a birth parent or if the birth parent gives written consentdeleted text end new text begin
complete the search request within six months of the request being made. If the agency is
unable to complete the search request within the specified time frame, the agency shall
inform the requester of the status of the request and include a reasonable estimate of when
the request can be completednew text end .

(b) Upon a request for assistance or services from an adoptive parent of a minor child,
birth parent, or an adopted person 18 years of age or older, the agency must inform the
person:

(1) about the right of an adopted person to request and obtain a copy of the adopted
person's original birth record at the age and circumstances specified in section 144.2253;
and

(2) about the right of the birth parent named on the adopted person's original birth record
to file a contact preference form with the state registrar pursuant to section 144.2253.

deleted text begin Indeleted text end new text begin When making or supervising annew text end adoptive deleted text begin placementsdeleted text end new text begin placementnew text end , the agency must provide
in writing to the birth parents listed on the original birth record the information required
under this deleted text begin sectiondeleted text end new text begin paragraph and section 259.37, subdivision 2, clause (7)new text end .

Sec. 6.

Minnesota Statutes 2023 Supplement, section 259.83, subdivision 1b, is amended
to read:

Subd. 1b.

deleted text begin Geneticdeleted text end Siblings.

(a) A person who is at least 18 years of age who was adopted
ordeleted text begin , because of a termination of parental rights,deleted text end new text begin whonew text end was committed to the guardianship of
the commissioner of human servicesdeleted text begin , whether adopted ordeleted text end new text begin andnew text end notdeleted text begin ,deleted text end new text begin adoptednew text end must upon request
be advised of other siblings who were adopted or who were committed to the guardianship
of the commissioner of human services and not adopted.

(b) new text begin The agency must provide new text end assistance deleted text begin must be provided by the county or placing agency
ofdeleted text end new text begin tonew text end the person requesting information to the extent that information is available in the
deleted text begin existingdeleted text end records deleted text begin at the Department of Human Servicesdeleted text end new text begin required to be kept under section
259.79new text end . If the sibling received services from another agency, the agencies must share
necessary information in order to locate the other siblings and to offer services, as requested.
deleted text begin Upon the determination that parental rights with respect to another sibling were terminated,
identifying information and contact must be provided only upon mutual consent.deleted text end A reasonable
fee may be imposed by the deleted text begin county or placingdeleted text end agency.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 259.83, subdivision 3a, is amended
to read:

Subd. 3a.

Birth parent identifying information.

(a) This subdivision applies to adoptive
placements where an adopted person does not have a record of live birth registered in this
state. Upon written request by an adopted person 18 years of age or older, the agency
responsible for or supervising the placement must provide to the requester the following
identifying information related to the birth parents listed on that adopted person's original
birth recordnew text begin , to the extent the information is availablenew text end :

(1) each of the birth parent's names; and

(2) each of the birth parent's birthdate and birthplace.

(b) The agency may charge a reasonable fee to the requester for providing the required
information under paragraph (a).

(c) The agency, acting in good faith and in a lawful manner in disclosing the identifying
information under this subdivision, is not civilly liable for such disclosure.

Sec. 8.

Minnesota Statutes 2022, section 259.83, subdivision 4, is amended to read:

Subd. 4.

Confidentiality.

Agencies shall provide adoptive parents, birth parents and
adult siblings, and adopted persons aged deleted text begin 19deleted text end new text begin 18new text end years and over reasonable assistance in a
manner consistent with state and federal laws, rules, and regulations regarding the
confidentiality and privacy of child welfare and adoption records.

HF 4459

Bill Text Versions

Current Version - 1st Engrossment

ARTICLE 1

CHILD CARE

Section 1.

Subd. 1a.

Fair hearing allowed for providers.

new text begin EFFECTIVE DATE. new text end

Sec. 2.

Subd. 1c.

Notice to providers.

new text begin EFFECTIVE DATE. new text end

Sec. 3.

Subd. 2.

Notice.

new text begin EFFECTIVE DATE. new text end

Sec. 4.

Subd. 2.

System components.

new text begin EFFECTIVE DATE. new text end

Sec. 5.

Subd. 3.

Administrative disqualification of child care providers caring for children receiving child care assistance.

new text begin EFFECTIVE DATE. new text end

ARTICLE 2

CHILD WELFARE

Section 1.

Subd. 7.

Use of data.

Sec. 2.

Subd. 7.

Licensing moratorium.

Sec. 3.

Subd. 10.

Assigning a successor relative custodian for a child's Northstar kinship assistance.

Sec. 4.

Subd. 10.

Caregiver requests for reassessments.

Sec. 5.

Subd. 15.

Payments.

Sec. 6.

Subd. 16.

Effect of benefit on other aid.

Sec. 7.

Subd. 18.

Overpayments.

Sec. 8.

Subd. 21.

Correct and true information.

Sec. 9.

Subd. 22.

Termination notice for caregivernew text begin or youthnew text end .

Sec. 10.

Subd. 7.

deleted text begin Out-of-home placementdeleted text end new text begin Casenew text end plan.

Sec. 11.

Subdivision 1.

Dispositions.

Sec. 12.

260C.202 COURT REVIEW OF deleted text begin FOSTER CAREdeleted text end new text begin DISPOSITIONnew text end .

new text begin Subdivision 1. new text end

new text begin Court review for a child in the home of a parent under protective supervision. new text end

new text begin Subd. 2. new text end

new text begin Court review for a child placed in foster care. new text end

Sec. 13.

Subdivision 1.

Subjects.

Sec. 14.

Subd. 2.

Placement decisions based on best interests of the child.

Sec. 15.

Subdivision 1.

Voluntary and involuntary.

Sec. 16.

Subd. 4.

new text begin Transfer of permanent legal and physical new text end custody deleted text begin to relativedeleted text end .

Sec. 17.

Subdivision 1.

Administrative disqualification of child care providers caring for children
receiving child care assistance.

Assigning a successor relative custodian for a child's Northstar kinship
assistance.

new text begin Court review for a child in the home of a parent under protective
supervision. new text end

Expedited issuance of the Supplemental Nutrition Assistance Program
(SNAP) benefits.