SF 1394

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to human services; changing child placement 
  1.3             provisions; amending Minnesota Statutes 2000, sections 
  1.4             256.01, subdivision 2; 260C.007, subdivisions 4, 14, 
  1.5             and by adding subdivisions; 260C.141, subdivision 2; 
  1.6             260C.151, subdivision 6; 260C.178, subdivisions 1 and 
  1.7             7; 260C.193, subdivision 3; 260C.201, subdivisions 1, 
  1.8             2, 5, 6, 7, 10, 11, and by adding a subdivision; 
  1.9             260C.205; 260C.212, subdivisions 1, 2, 4, 5, 7, 8, and 
  1.10            9; 260C.215, subdivision 6; 260C.301, subdivisions 1, 
  1.11            4, and 8; 260C.312; 260C.317, subdivision 3; and 
  1.12            260C.325, subdivision 4; proposing coding for new law 
  1.13            in Minnesota Statutes, chapter 256F; repealing 
  1.14            Minnesota Statutes 2000, sections 256E.06, subdivision 
  1.15            2b; 260C.325, subdivision 2; and 626.5565. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2000, section 256.01, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [SPECIFIC POWERS.] Subject to the provisions of 
  1.20  section 241.021, subdivision 2, the commissioner of human 
  1.21  services shall: 
  1.22     (1) Administer and supervise all forms of public assistance 
  1.23  provided for by state law and other welfare activities or 
  1.24  services as are vested in the commissioner.  Administration and 
  1.25  supervision of human services activities or services includes, 
  1.26  but is not limited to, assuring timely and accurate distribution 
  1.27  of benefits, completeness of service, and quality program 
  1.28  management.  In addition to administering and supervising human 
  1.29  services activities vested by law in the department, the 
  1.30  commissioner shall have the authority to: 
  2.1      (a) require county agency participation in training and 
  2.2   technical assistance programs to promote compliance with 
  2.3   statutes, rules, federal laws, regulations, and policies 
  2.4   governing human services; 
  2.5      (b) monitor, on an ongoing basis, the performance of county 
  2.6   agencies in the operation and administration of human services, 
  2.7   enforce compliance with statutes, rules, federal laws, 
  2.8   regulations, and policies governing welfare services and promote 
  2.9   excellence of administration and program operation; 
  2.10     (c) develop a quality control program or other monitoring 
  2.11  program to review county performance and accuracy of benefit 
  2.12  determinations; 
  2.13     (d) require county agencies to make an adjustment to the 
  2.14  public assistance benefits issued to any individual consistent 
  2.15  with federal law and regulation and state law and rule and to 
  2.16  issue or recover benefits as appropriate; 
  2.17     (e) delay or deny payment of all or part of the state and 
  2.18  federal share of benefits and administrative reimbursement 
  2.19  according to the procedures set forth in section 256.017; 
  2.20     (f) make contracts with and grants to public and private 
  2.21  agencies and organizations, both profit and nonprofit, and 
  2.22  individuals, using appropriated funds; and 
  2.23     (g) enter into contractual agreements with federally 
  2.24  recognized Indian tribes with a reservation in Minnesota to the 
  2.25  extent necessary for the tribe to operate a federally approved 
  2.26  family assistance program or any other program under the 
  2.27  supervision of the commissioner.  The commissioner shall consult 
  2.28  with the affected county or counties in the contractual 
  2.29  agreement negotiations, if the county or counties wish to be 
  2.30  included, in order to avoid the duplication of county and tribal 
  2.31  assistance program services.  The commissioner may establish 
  2.32  necessary accounts for the purposes of receiving and disbursing 
  2.33  funds as necessary for the operation of the programs. 
  2.34     (2) Inform county agencies, on a timely basis, of changes 
  2.35  in statute, rule, federal law, regulation, and policy necessary 
  2.36  to county agency administration of the programs. 
  3.1      (3) Administer and supervise all child welfare activities; 
  3.2   promote the enforcement of laws protecting handicapped, 
  3.3   dependent, neglected and delinquent children, and children born 
  3.4   to mothers who were not married to the children's fathers at the 
  3.5   times of the conception nor at the births of the children; 
  3.6   license and supervise child-caring and child-placing agencies 
  3.7   and institutions; supervise the care of children in boarding and 
  3.8   foster homes or in private institutions; and generally perform 
  3.9   all functions relating to the field of child welfare now vested 
  3.10  in the state board of control. 
  3.11     (4) Administer and supervise all noninstitutional service 
  3.12  to handicapped persons, including those who are visually 
  3.13  impaired, hearing impaired, or physically impaired or otherwise 
  3.14  handicapped.  The commissioner may provide and contract for the 
  3.15  care and treatment of qualified indigent children in facilities 
  3.16  other than those located and available at state hospitals when 
  3.17  it is not feasible to provide the service in state hospitals. 
  3.18     (5) Assist and actively cooperate with other departments, 
  3.19  agencies and institutions, local, state, and federal, by 
  3.20  performing services in conformity with the purposes of Laws 
  3.21  1939, chapter 431. 
  3.22     (6) Act as the agent of and cooperate with the federal 
  3.23  government in matters of mutual concern relative to and in 
  3.24  conformity with the provisions of Laws 1939, chapter 431, 
  3.25  including the administration of any federal funds granted to the 
  3.26  state to aid in the performance of any functions of the 
  3.27  commissioner as specified in Laws 1939, chapter 431, and 
  3.28  including the promulgation of rules making uniformly available 
  3.29  medical care benefits to all recipients of public assistance, at 
  3.30  such times as the federal government increases its participation 
  3.31  in assistance expenditures for medical care to recipients of 
  3.32  public assistance, the cost thereof to be borne in the same 
  3.33  proportion as are grants of aid to said recipients. 
  3.34     (7) Establish and maintain any administrative units 
  3.35  reasonably necessary for the performance of administrative 
  3.36  functions common to all divisions of the department. 
  4.1      (8) Act as designated guardian of both the estate and the 
  4.2   person of all the wards of the state of Minnesota, whether by 
  4.3   operation of law or by an order of court, without any further 
  4.4   act or proceeding whatever, except as to persons committed as 
  4.5   mentally retarded.  For children under the guardianship of the 
  4.6   commissioner whose interests would be best served by adoptive 
  4.7   placement, the commissioner may contract with a licensed 
  4.8   child-placing agency or a Minnesota tribal social services 
  4.9   agency to provide adoption services.  A contract with a licensed 
  4.10  child-placing agency must be designed to supplement existing 
  4.11  county efforts and may not replace existing county programs, 
  4.12  unless the replacement is agreed to by the county board and the 
  4.13  appropriate exclusive bargaining representative or the 
  4.14  commissioner has evidence that child placements of the county 
  4.15  continue to be substantially below that of other counties.  
  4.16  Funds encumbered and obligated under an agreement for a specific 
  4.17  child shall remain available until the terms of the agreement 
  4.18  are fulfilled or the agreement is terminated. 
  4.19     (9) Act as coordinating referral and informational center 
  4.20  on requests for service for newly arrived immigrants coming to 
  4.21  Minnesota. 
  4.22     (10) The specific enumeration of powers and duties as 
  4.23  hereinabove set forth shall in no way be construed to be a 
  4.24  limitation upon the general transfer of powers herein contained. 
  4.25     (11) Establish county, regional, or statewide schedules of 
  4.26  maximum fees and charges which may be paid by county agencies 
  4.27  for medical, dental, surgical, hospital, nursing and nursing 
  4.28  home care and medicine and medical supplies under all programs 
  4.29  of medical care provided by the state and for congregate living 
  4.30  care under the income maintenance programs. 
  4.31     (12) Have the authority to conduct and administer 
  4.32  experimental projects to test methods and procedures of 
  4.33  administering assistance and services to recipients or potential 
  4.34  recipients of public welfare.  To carry out such experimental 
  4.35  projects, it is further provided that the commissioner of human 
  4.36  services is authorized to waive the enforcement of existing 
  5.1   specific statutory program requirements, rules, and standards in 
  5.2   one or more counties.  The order establishing the waiver shall 
  5.3   provide alternative methods and procedures of administration, 
  5.4   shall not be in conflict with the basic purposes, coverage, or 
  5.5   benefits provided by law, and in no event shall the duration of 
  5.6   a project exceed four years.  It is further provided that no 
  5.7   order establishing an experimental project as authorized by the 
  5.8   provisions of this section shall become effective until the 
  5.9   following conditions have been met: 
  5.10     (a) The secretary of health and human services of the 
  5.11  United States has agreed, for the same project, to waive state 
  5.12  plan requirements relative to statewide uniformity. 
  5.13     (b) A comprehensive plan, including estimated project 
  5.14  costs, shall be approved by the legislative advisory commission 
  5.15  and filed with the commissioner of administration.  
  5.16     (13) According to federal requirements, establish 
  5.17  procedures to be followed by local welfare boards in creating 
  5.18  citizen advisory committees, including procedures for selection 
  5.19  of committee members. 
  5.20     (14) Allocate federal fiscal disallowances or sanctions 
  5.21  which are based on quality control error rates for the aid to 
  5.22  families with dependent children program formerly codified in 
  5.23  sections 256.72 to 256.87, medical assistance, or food stamp 
  5.24  program in the following manner:  
  5.25     (a) One-half of the total amount of the disallowance shall 
  5.26  be borne by the county boards responsible for administering the 
  5.27  programs.  For the medical assistance and the AFDC program 
  5.28  formerly codified in sections 256.72 to 256.87, disallowances 
  5.29  shall be shared by each county board in the same proportion as 
  5.30  that county's expenditures for the sanctioned program are to the 
  5.31  total of all counties' expenditures for the AFDC program 
  5.32  formerly codified in sections 256.72 to 256.87, and medical 
  5.33  assistance programs.  For the food stamp program, sanctions 
  5.34  shall be shared by each county board, with 50 percent of the 
  5.35  sanction being distributed to each county in the same proportion 
  5.36  as that county's administrative costs for food stamps are to the 
  6.1   total of all food stamp administrative costs for all counties, 
  6.2   and 50 percent of the sanctions being distributed to each county 
  6.3   in the same proportion as that county's value of food stamp 
  6.4   benefits issued are to the total of all benefits issued for all 
  6.5   counties.  Each county shall pay its share of the disallowance 
  6.6   to the state of Minnesota.  When a county fails to pay the 
  6.7   amount due hereunder, the commissioner may deduct the amount 
  6.8   from reimbursement otherwise due the county, or the attorney 
  6.9   general, upon the request of the commissioner, may institute 
  6.10  civil action to recover the amount due. 
  6.11     (b) Notwithstanding the provisions of paragraph (a), if the 
  6.12  disallowance results from knowing noncompliance by one or more 
  6.13  counties with a specific program instruction, and that knowing 
  6.14  noncompliance is a matter of official county board record, the 
  6.15  commissioner may require payment or recover from the county or 
  6.16  counties, in the manner prescribed in paragraph (a), an amount 
  6.17  equal to the portion of the total disallowance which resulted 
  6.18  from the noncompliance, and may distribute the balance of the 
  6.19  disallowance according to paragraph (a).  
  6.20     (15) Develop and implement special projects that maximize 
  6.21  reimbursements and result in the recovery of money to the 
  6.22  state.  For the purpose of recovering state money, the 
  6.23  commissioner may enter into contracts with third parties.  Any 
  6.24  recoveries that result from projects or contracts entered into 
  6.25  under this paragraph shall be deposited in the state treasury 
  6.26  and credited to a special account until the balance in the 
  6.27  account reaches $1,000,000.  When the balance in the account 
  6.28  exceeds $1,000,000, the excess shall be transferred and credited 
  6.29  to the general fund.  All money in the account is appropriated 
  6.30  to the commissioner for the purposes of this paragraph. 
  6.31     (16) Have the authority to make direct payments to 
  6.32  facilities providing shelter to women and their children 
  6.33  according to section 256D.05, subdivision 3.  Upon the written 
  6.34  request of a shelter facility that has been denied payments 
  6.35  under section 256D.05, subdivision 3, the commissioner shall 
  6.36  review all relevant evidence and make a determination within 30 
  7.1   days of the request for review regarding issuance of direct 
  7.2   payments to the shelter facility.  Failure to act within 30 days 
  7.3   shall be considered a determination not to issue direct payments.
  7.4      (17) Have the authority to establish and enforce the 
  7.5   following county reporting requirements:  
  7.6      (a) The commissioner shall establish fiscal and statistical 
  7.7   reporting requirements necessary to account for the expenditure 
  7.8   of funds allocated to counties for human services programs.  
  7.9   When establishing financial and statistical reporting 
  7.10  requirements, the commissioner shall evaluate all reports, in 
  7.11  consultation with the counties, to determine if the reports can 
  7.12  be simplified or the number of reports can be reduced. 
  7.13     (b) The county board shall submit monthly or quarterly 
  7.14  reports to the department as required by the commissioner.  
  7.15  Monthly reports are due no later than 15 working days after the 
  7.16  end of the month.  Quarterly reports are due no later than 30 
  7.17  calendar days after the end of the quarter, unless the 
  7.18  commissioner determines that the deadline must be shortened to 
  7.19  20 calendar days to avoid jeopardizing compliance with federal 
  7.20  deadlines or risking a loss of federal funding.  Only reports 
  7.21  that are complete, legible, and in the required format shall be 
  7.22  accepted by the commissioner.  
  7.23     (c) If the required reports are not received by the 
  7.24  deadlines established in clause (b), the commissioner may delay 
  7.25  payments and withhold funds from the county board until the next 
  7.26  reporting period.  When the report is needed to account for the 
  7.27  use of federal funds and the late report results in a reduction 
  7.28  in federal funding, the commissioner shall withhold from the 
  7.29  county boards with late reports an amount equal to the reduction 
  7.30  in federal funding until full federal funding is received.  
  7.31     (d) A county board that submits reports that are late, 
  7.32  illegible, incomplete, or not in the required format for two out 
  7.33  of three consecutive reporting periods is considered 
  7.34  noncompliant.  When a county board is found to be noncompliant, 
  7.35  the commissioner shall notify the county board of the reason the 
  7.36  county board is considered noncompliant and request that the 
  8.1   county board develop a corrective action plan stating how the 
  8.2   county board plans to correct the problem.  The corrective 
  8.3   action plan must be submitted to the commissioner within 45 days 
  8.4   after the date the county board received notice of noncompliance.
  8.5      (e) The final deadline for fiscal reports or amendments to 
  8.6   fiscal reports is one year after the date the report was 
  8.7   originally due.  If the commissioner does not receive a report 
  8.8   by the final deadline, the county board forfeits the funding 
  8.9   associated with the report for that reporting period and the 
  8.10  county board must repay any funds associated with the report 
  8.11  received for that reporting period. 
  8.12     (f) The commissioner may not delay payments, withhold 
  8.13  funds, or require repayment under paragraph (c) or (e) if the 
  8.14  county demonstrates that the commissioner failed to provide 
  8.15  appropriate forms, guidelines, and technical assistance to 
  8.16  enable the county to comply with the requirements.  If the 
  8.17  county board disagrees with an action taken by the commissioner 
  8.18  under paragraph (c) or (e), the county board may appeal the 
  8.19  action according to sections 14.57 to 14.69. 
  8.20     (g) Counties subject to withholding of funds under 
  8.21  paragraph (c) or forfeiture or repayment of funds under 
  8.22  paragraph (e) shall not reduce or withhold benefits or services 
  8.23  to clients to cover costs incurred due to actions taken by the 
  8.24  commissioner under paragraph (c) or (e). 
  8.25     (18) Allocate federal fiscal disallowances or sanctions for 
  8.26  audit exceptions when federal fiscal disallowances or sanctions 
  8.27  are based on a statewide random sample for the foster care 
  8.28  program under title IV-E of the Social Security Act, United 
  8.29  States Code, title 42, in direct proportion to each county's 
  8.30  title IV-E foster care maintenance claim for that period. 
  8.31     (19) Be responsible for ensuring the detection, prevention, 
  8.32  investigation, and resolution of fraudulent activities or 
  8.33  behavior by applicants, recipients, and other participants in 
  8.34  the human services programs administered by the department. 
  8.35     (20) Require county agencies to identify overpayments, 
  8.36  establish claims, and utilize all available and cost-beneficial 
  9.1   methodologies to collect and recover these overpayments in the 
  9.2   human services programs administered by the department. 
  9.3      (21) Have the authority to administer a drug rebate program 
  9.4   for drugs purchased pursuant to the prescription drug program 
  9.5   established under section 256.955 after the beneficiary's 
  9.6   satisfaction of any deductible established in the program.  The 
  9.7   commissioner shall require a rebate agreement from all 
  9.8   manufacturers of covered drugs as defined in section 256B.0625, 
  9.9   subdivision 13.  Rebate agreements for prescription drugs 
  9.10  delivered on or after July 1, 2002, must include rebates for 
  9.11  individuals covered under the prescription drug program who are 
  9.12  under 65 years of age.  For each drug, the amount of the rebate 
  9.13  shall be equal to the basic rebate as defined for purposes of 
  9.14  the federal rebate program in United States Code, title 42, 
  9.15  section 1396r-8(c)(1).  This basic rebate shall be applied to 
  9.16  single-source and multiple-source drugs.  The manufacturers must 
  9.17  provide full payment within 30 days of receipt of the state 
  9.18  invoice for the rebate within the terms and conditions used for 
  9.19  the federal rebate program established pursuant to section 1927 
  9.20  of title XIX of the Social Security Act.  The manufacturers must 
  9.21  provide the commissioner with any information necessary to 
  9.22  verify the rebate determined per drug.  The rebate program shall 
  9.23  utilize the terms and conditions used for the federal rebate 
  9.24  program established pursuant to section 1927 of title XIX of the 
  9.25  Social Security Act. 
  9.26     (22) Operate the department's communication systems account 
  9.27  established in Laws 1993, First Special Session chapter 1, 
  9.28  article 1, section 2, subdivision 2, to manage shared 
  9.29  communication costs necessary for the operation of the programs 
  9.30  the commissioner supervises.  A communications account may also 
  9.31  be established for each regional treatment center which operates 
  9.32  communications systems.  Each account must be used to manage 
  9.33  shared communication costs necessary for the operations of the 
  9.34  programs the commissioner supervises.  The commissioner may 
  9.35  distribute the costs of operating and maintaining communication 
  9.36  systems to participants in a manner that reflects actual usage. 
 10.1   Costs may include acquisition, licensing, insurance, 
 10.2   maintenance, repair, staff time and other costs as determined by 
 10.3   the commissioner.  Nonprofit organizations and state, county, 
 10.4   and local government agencies involved in the operation of 
 10.5   programs the commissioner supervises may participate in the use 
 10.6   of the department's communications technology and share in the 
 10.7   cost of operation.  The commissioner may accept on behalf of the 
 10.8   state any gift, bequest, devise or personal property of any 
 10.9   kind, or money tendered to the state for any lawful purpose 
 10.10  pertaining to the communication activities of the department.  
 10.11  Any money received for this purpose must be deposited in the 
 10.12  department's communication systems accounts.  Money collected by 
 10.13  the commissioner for the use of communication systems must be 
 10.14  deposited in the state communication systems account and is 
 10.15  appropriated to the commissioner for purposes of this section. 
 10.16     (23) Receive any federal matching money that is made 
 10.17  available through the medical assistance program for the 
 10.18  consumer satisfaction survey.  Any federal money received for 
 10.19  the survey is appropriated to the commissioner for this 
 10.20  purpose.  The commissioner may expend the federal money received 
 10.21  for the consumer satisfaction survey in either year of the 
 10.22  biennium. 
 10.23     (24) Incorporate cost reimbursement claims from First Call 
 10.24  Minnesota into the federal cost reimbursement claiming processes 
 10.25  of the department according to federal law, rule, and 
 10.26  regulations.  Any reimbursement received is appropriated to the 
 10.27  commissioner and shall be disbursed to First Call Minnesota 
 10.28  according to normal department payment schedules. 
 10.29     (25) Develop recommended standards for foster care homes 
 10.30  that address the components of specialized therapeutic services 
 10.31  to be provided by foster care homes with those services. 
 10.32     Sec. 2.  [256F.14] [FAMILY GROUP DECISION-MAKING.] 
 10.33     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
 10.34  section, family includes relatives of the child.  "Relative" 
 10.35  means an adult who is a stepparent, grandparent, brother, 
 10.36  sister, uncle, aunt, or other extended family member of the 
 11.1   minor by blood, marriage, or adoption.  Relative also includes 
 11.2   anyone with whom the child has resided or had a significant 
 11.3   relationship. 
 11.4      For an Indian child, "relative" includes members of the 
 11.5   extended family as defined by the law or custom of the Indian 
 11.6   child's tribe or, in the absence of law or custom, nieces, 
 11.7   nephews, or first or second cousins, as provided in the Indian 
 11.8   Child Welfare Act of 1978, United States Code, title 25, section 
 11.9   1903. 
 11.10     (b) For purposes of this section, "relative care" means one 
 11.11  or more of the following:  respite care, a monitoring agreement, 
 11.12  a designated caregiver agreement under chapter 257A, access to 
 11.13  information about a child, the right to make decisions about a 
 11.14  child's residence, education, religious training, or health 
 11.15  care, a custody consent decree under section 257.0215, or joint 
 11.16  or sole legal or physical custody of a child.  Relative care may 
 11.17  also mean the voluntary establishment of an order permanently 
 11.18  placing the child away from the care of the parent under section 
 11.19  260C.201, subdivision 11. 
 11.20     (c) For purposes of this section, "relative care agreement" 
 11.21  means an agreement regarding the care of a child that has been 
 11.22  reached by the parents and interested relatives of the child 
 11.23  after the parents and interested relatives have participated in 
 11.24  a family group decision-making meeting under this section.  It 
 11.25  may include relative care, the provision of services by the 
 11.26  responsible social services agency, or any other legally 
 11.27  available plan that protects the safety and stability of the 
 11.28  child. 
 11.29     Subd. 2.  [ FAMILY DECISION-MAKING CONFERENCE.] A 
 11.30  responsible social services agency may proceed under this 
 11.31  section if it appears at any point in a particular case that a 
 11.32  family decision-making meeting may be in the best interests of 
 11.33  the child.  The responsible social services agency may select a 
 11.34  facilitator to convene and facilitate such a meeting.  
 11.35     The purpose of the family group decision-making meeting is 
 11.36  to have the parent or parents and relatives of a child develop a 
 12.1   plan to provide for the safety and stability of the child.  The 
 12.2   outcome of a family group decision-making meeting may be a 
 12.3   relative care agreement or any other agreement between the 
 12.4   parents, the relatives, and, where appropriate, the child and 
 12.5   the responsible social services agency that addresses the safety 
 12.6   and permanency needs of the child including agreement to 
 12.7   voluntarily establish an order permanently placing the child out 
 12.8   of the care of the parent under section 260C.201, subdivision 11.
 12.9      Subd. 3.  [FACILITATOR TRAINING.] A facilitator must 
 12.10  receive 12 hours of training in family group decision-making or 
 12.11  similar training prior to facilitating a family group 
 12.12  decision-making meeting.  A facilitator who complies with the 
 12.13  training requirement of this subdivision and acts in good faith 
 12.14  has immunity from criminal or civil liability that might 
 12.15  otherwise arise from the actions of the facilitator in convening 
 12.16  or facilitating a family group decision-making meeting. 
 12.17     Sec. 3.  Minnesota Statutes 2000, section 260C.007, is 
 12.18  amended by adding a subdivision to read: 
 12.19     Subd. 2a.  [CASE PLAN.] "Case plan" means any plan for the 
 12.20  delivery of services to a child and parent, guardian, or the 
 12.21  child when reunification is not required which is developed 
 12.22  according to the requirements of sections 260C.201, 260C.212, 
 12.23  and 626.556, subdivision 10. 
 12.24     Sec. 4.  Minnesota Statutes 2000, section 260C.007, 
 12.25  subdivision 4, is amended to read: 
 12.26     Subd. 4.  [CHILD IN NEED OF PROTECTION OR SERVICES.] "Child 
 12.27  in need of protection or services" means a child who is in need 
 12.28  of protection or services because the child: 
 12.29     (1) is abandoned or without parent, guardian, or custodian; 
 12.30     (2)(i) has been a victim of physical or sexual abuse, (ii) 
 12.31  resides with or has resided with a victim of domestic child 
 12.32  abuse as defined in subdivision 25, (iii) resides with or would 
 12.33  reside with a perpetrator of domestic child abuse or child abuse 
 12.34  as defined in subdivision 25, or (iv) is a victim of emotional 
 12.35  maltreatment as defined in subdivision 8; 
 12.36     (3) is without necessary food, clothing, shelter, 
 13.1   education, or other required care for the child's physical or 
 13.2   mental health or morals because the child's parent, guardian, or 
 13.3   custodian is unable or unwilling to provide that care; 
 13.4      (4) is without the special care made necessary by a 
 13.5   physical, mental, or emotional condition because the child's 
 13.6   parent, guardian, or custodian is unable or unwilling to provide 
 13.7   that care, including a child in voluntary placement according to 
 13.8   release of the parent under section 260C.212, subdivision 9 due 
 13.9   to the child's developmental disability or emotional 
 13.10  disturbance; 
 13.11     (5) is medically neglected, which includes, but is not 
 13.12  limited to, the withholding of medically indicated treatment 
 13.13  from a disabled infant with a life-threatening condition.  The 
 13.14  term "withholding of medically indicated treatment" means the 
 13.15  failure to respond to the infant's life-threatening conditions 
 13.16  by providing treatment, including appropriate nutrition, 
 13.17  hydration, and medication which, in the treating physician's or 
 13.18  physicians' reasonable medical judgment, will be most likely to 
 13.19  be effective in ameliorating or correcting all conditions, 
 13.20  except that the term does not include the failure to provide 
 13.21  treatment other than appropriate nutrition, hydration, or 
 13.22  medication to an infant when, in the treating physician's or 
 13.23  physicians' reasonable medical judgment: 
 13.24     (i) the infant is chronically and irreversibly comatose; 
 13.25     (ii) the provision of the treatment would merely prolong 
 13.26  dying, not be effective in ameliorating or correcting all of the 
 13.27  infant's life-threatening conditions, or otherwise be futile in 
 13.28  terms of the survival of the infant; or 
 13.29     (iii) the provision of the treatment would be virtually 
 13.30  futile in terms of the survival of the infant and the treatment 
 13.31  itself under the circumstances would be inhumane; 
 13.32     (6) is one whose parent, guardian, or other custodian for 
 13.33  good cause desires to be relieved of the child's care and 
 13.34  custody, including a child in placement according to voluntary 
 13.35  release by the parent under section 260C.212, subdivision 8; 
 13.36     (7) has been placed for adoption or care in violation of 
 14.1   law; 
 14.2      (8) is without proper parental care because of the 
 14.3   emotional, mental, or physical disability, or state of 
 14.4   immaturity of the child's parent, guardian, or other custodian; 
 14.5      (9) is one whose behavior, condition, or environment is 
 14.6   such as to be injurious or dangerous to the child or others.  An 
 14.7   injurious or dangerous environment may include, but is not 
 14.8   limited to, the exposure of a child to criminal activity in the 
 14.9   child's home; 
 14.10     (10) is experiencing growth delays, which may be referred 
 14.11  to as failure to thrive, that have been diagnosed by a physician 
 14.12  and are due to parental neglect; 
 14.13     (11) has engaged in prostitution as defined in section 
 14.14  609.321, subdivision 9; 
 14.15     (12) has committed a delinquent act or a juvenile petty 
 14.16  offense before becoming ten years old; 
 14.17     (13) is a runaway; 
 14.18     (14) is a habitual truant; 
 14.19     (15) has been found incompetent to proceed or has been 
 14.20  found not guilty by reason of mental illness or mental 
 14.21  deficiency in connection with a delinquency proceeding, a 
 14.22  certification under section 260B.125, an extended jurisdiction 
 14.23  juvenile prosecution, or a proceeding involving a juvenile petty 
 14.24  offense; or 
 14.25     (16) has been found by the court to have committed domestic 
 14.26  abuse perpetrated by a minor under Laws 1997, chapter 239, 
 14.27  article 10, sections 2 to 26, has been ordered excluded from the 
 14.28  child's parent's home by an order for protection/minor 
 14.29  respondent, and the parent or guardian is either unwilling or 
 14.30  unable to provide an alternative safe living arrangement for the 
 14.31  child. 
 14.32     Sec. 5.  Minnesota Statutes 2000, section 260C.007, is 
 14.33  amended by adding a subdivision to read: 
 14.34     Subd. 5a.  [COMPELLING REASONS.] "Compelling reasons" means 
 14.35  an individualized determination by the responsible social 
 14.36  services agency approved by the court that there are compelling 
 15.1   reasons not to order termination of parental rights or transfer 
 15.2   of permanent legal and physical custody of a child to a 
 15.3   relative, including a previously noncustodial parent. 
 15.4      Sec. 6.  Minnesota Statutes 2000, section 260C.007, is 
 15.5   amended by adding a subdivision to read: 
 15.6      Subd. 7a.  [DEVELOPMENTALLY DISABLED.] "Developmentally 
 15.7   disabled" means developmentally disabled as described in United 
 15.8   States Code, title 42, section 6001(8). 
 15.9      Sec. 7.  Minnesota Statutes 2000, section 260C.007, 
 15.10  subdivision 14, is amended to read: 
 15.11     Subd. 14.  [RELATIVE.] "Relative" means a parent, 
 15.12  stepparent, grandparent, brother, sister, uncle, or aunt of the 
 15.13  minor.  This relationship may be by blood or marriage.  For an 
 15.14  Indian child, relative includes members of the extended family 
 15.15  as defined by the law or custom of the Indian child's tribe or, 
 15.16  in the absence of laws or custom, nieces, nephews, or first or 
 15.17  second cousins, as provided in the Indian Child Welfare Act of 
 15.18  1978, United States Code, title 25, section 1903.  For purposes 
 15.19  of child in need of protection or services proceedings, 
 15.20  termination of parental rights proceedings, and permanency 
 15.21  proceedings under section 260C.201, subdivision 11, relative 
 15.22  means a person related to the child by blood, marriage, or 
 15.23  adoption, or an individual who is an important friend with whom 
 15.24  the child has resided or had significant contact.  For an Indian 
 15.25  child, relative includes members of the extended family as 
 15.26  defined by the law or custom of the Indian child's tribe or, in 
 15.27  the absence of laws or custom, nieces, nephews, or first or 
 15.28  second cousins, as provided in the Indian Child Welfare Act of 
 15.29  1978, United States Code, title 25, section 1903. 
 15.30     Sec. 8.  Minnesota Statutes 2000, section 260C.007, is 
 15.31  amended by adding a subdivision to read: 
 15.32     Subd. 27.  [EMOTIONALLY DISTURBED.] "Emotionally disturbed" 
 15.33  means emotional disturbance as described in section 245.4871, 
 15.34  subdivision 15. 
 15.35     Sec. 9.  Minnesota Statutes 2000, section 260C.141, 
 15.36  subdivision 2, is amended to read: 
 16.1      Subd. 2.  [REVIEW OF FOSTER CARE STATUS.] The social 
 16.2   services agency responsible for the placement of a child in a 
 16.3   residential facility, as defined in section 260C.212, 
 16.4   subdivision 1, pursuant to a voluntary release by the child's 
 16.5   parent or parents may bring a petition must proceed in juvenile 
 16.6   court to review the foster care status of the child in the 
 16.7   manner provided in this section.  The responsible social 
 16.8   services agency shall file either a petition alleging the child 
 16.9   to be in need of protection or services or a petition to 
 16.10  terminate parental rights or other permanency petition under 
 16.11  section 260C.201, subdivision 11. 
 16.12     (a) In the case of Except for a child in placement due 
 16.13  solely to the child's developmental disability or emotional 
 16.14  disturbance, when a child continues in voluntary placement 
 16.15  according to section 260C.212, subdivision 8, the for 90 days, a 
 16.16  petition shall be filed alleging the child to be in need of 
 16.17  protection or services, seeking termination of parental rights 
 16.18  or other permanent placement of the child away from the parent 
 16.19  within 90 days of the date of the voluntary placement 
 16.20  agreement and.  The petition shall state the reasons why the 
 16.21  child is in placement, the progress on the case out-of-home 
 16.22  placement plan required under section 260C.212, subdivision 1, 
 16.23  and the statutory basis for the petition under section 260C.007, 
 16.24  subdivision 4, 260C.201, subdivision 11, or 260C.301. 
 16.25     (1) In the case of a petition alleging the child to be in 
 16.26  need of protection or services filed under this paragraph, if 
 16.27  all parties agree and the court finds it is in the best 
 16.28  interests of the child, the court may find the petition states a 
 16.29  prima facie case that: 
 16.30     (i) the child's needs are being met; 
 16.31     (ii) the placement of the child in foster care is in the 
 16.32  best interests of the child; and 
 16.33     (iii) reasonable efforts to reunify the child and the 
 16.34  parent or guardian are being made; and 
 16.35     (iv) the child will be returned home in the next six three 
 16.36  months. 
 17.1      (2) If the court makes findings under paragraph (1), the 
 17.2   court shall approve the voluntary arrangement and continue the 
 17.3   matter for up to six three more months to ensure the child 
 17.4   returns to the parents' home.  The responsible social services 
 17.5   agency shall: 
 17.6      (i) report to the court when the child returns home and the 
 17.7   progress made by the parent on the case out-of-home placement 
 17.8   plan required under section 260C.212, in which case the court 
 17.9   shall dismiss jurisdiction; 
 17.10     (ii) report to the court that the child has not returned 
 17.11  home, in which case the matter shall be returned to the court 
 17.12  for further proceedings under section 260C.163; or 
 17.13     (iii) if any party does not agree to continue the matter 
 17.14  under paragraph (1) and this paragraph, the matter shall proceed 
 17.15  under section 260C.163. 
 17.16     (b) In the case of a child in voluntary placement due 
 17.17  solely to the child's developmental disability or emotional 
 17.18  disturbance according to section 260C.212, subdivision 9, 
 17.19  the petition shall be filed within six months of the date of the 
 17.20  voluntary placement agreement and following procedures apply: 
 17.21     (1) [REPORT TO COURT.] (i) Unless the county attorney 
 17.22  determines a petition under section 260C.141 is appropriate, 
 17.23  without filing a petition, a written report, shall be forwarded 
 17.24  to the court within 165 days of the date of the voluntary 
 17.25  placement agreement.  The written report shall contain necessary 
 17.26  identifying information for the court to proceed, a copy of the 
 17.27  out-of-home placement plan required under section 260C.212, 
 17.28  subdivision 1, a written summary of the proceedings of any 
 17.29  administrative review required under section 260C.212, 
 17.30  subdivision 7, and any other information the responsible social 
 17.31  services agency, parent or guardian, the child or the foster 
 17.32  parent or other residential facility wants the court to consider.
 17.33     (ii) The responsible social services agency must advise 
 17.34  where appropriate the child, parent or guardian, the foster 
 17.35  parent, or representative of the residential facility of the 
 17.36  requirements of this section and of their right to submit 
 18.1   information to the court.  If the child, parent or guardian, 
 18.2   foster parent, or representative of the residential facility 
 18.3   want to send information to the court, the responsible social 
 18.4   services agency shall advise those persons of the reporting date 
 18.5   and the identifying information necessary for the court 
 18.6   administrator to accept the information and submit it to a judge 
 18.7   with the agency's report.  The responsible social services 
 18.8   agency must also notify those persons that they have the right 
 18.9   to be heard in person by the court and how to exercise that 
 18.10  right. 
 18.11     (iii) After receiving the required report, the court has 
 18.12  jurisdiction to make the following determinations and must do so 
 18.13  within ten days of receiving the forwarded report:  (i) whether 
 18.14  or not the placement of the child is in the child's best 
 18.15  interests; and (ii) whether the parent and agency are 
 18.16  appropriately planning for the child. 
 18.17     (iv) If the court finds the placement is in the child's 
 18.18  best interests and that the agency and parent are appropriately 
 18.19  planning for the child, the court shall issue an order 
 18.20  containing explicit, individualized findings to support its 
 18.21  determination.  The court shall send a copy of the order to the 
 18.22  county attorney, the responsible social services agency, the 
 18.23  parent or guardian, the child, and the foster parents.  The 
 18.24  court shall also send the parent or guardian, the child and the 
 18.25  foster parent notice of the required review under clause (2).  
 18.26     (v) If the court finds the placement not to be in the 
 18.27  child's best interests or that the agency or the parent or 
 18.28  guardian is not appropriately planning for the child, the court 
 18.29  shall notify the county attorney, the responsible social 
 18.30  services agency, the parent or guardian, the foster parent, the 
 18.31  child, and the county attorney of the court's determinations and 
 18.32  the basis for the court's determinations.  Unless requested by a 
 18.33  parent, foster parent, or child, an in-court hearing need not be 
 18.34  held in order for the court to make findings and issue an order 
 18.35  regarding a child with a developmental disability or emotional 
 18.36  disturbance. 
 19.1      (2) [PERMANENCY REVIEW BY PETITION.] If a child with a 
 19.2   developmental disability or an emotional disturbance continues 
 19.3   in out-of-home placement for 13 months from the date of a 
 19.4   voluntary placement, a petition alleging the child to be in need 
 19.5   of protection or services, for termination of parental rights or 
 19.6   for permanent placement of the child away from the parent under 
 19.7   section 260C.201 shall be filed.  The court shall conduct a 
 19.8   permanency hearing on the petition no later than 14 months after 
 19.9   the date of the voluntary placement.  At the permanency hearing, 
 19.10  the court shall determine the need for an order permanently 
 19.11  placing the child away from the parent or determine whether 
 19.12  there are compelling reasons that continued voluntary placement 
 19.13  is in the child's best interests.  A petition alleging the child 
 19.14  to be in need of protection or services shall state the date of 
 19.15  the voluntary placement agreement, the nature of the child's 
 19.16  developmental delay disability or severe emotional handicap 
 19.17  disturbance, the plan for the ongoing care of the child, the 
 19.18  parents' participation in the plan, and the statutory basis for 
 19.19  the petition. 
 19.20     (1) In the case of petitions (i) If a petition alleging the 
 19.21  child to be in need of protection or services is filed under 
 19.22  this paragraph this section, the court may find, based on the 
 19.23  contents of the sworn petition, and the agreement of all 
 19.24  parties, including the child, where appropriate, that there are 
 19.25  compelling reasons that the voluntary arrangement is in the best 
 19.26  interests of the child, approve the continued voluntary 
 19.27  arrangement placement, and dismiss continue the matter from 
 19.28  further under the court's jurisdiction for the purpose of 
 19.29  reviewing the child's placement as a continued voluntary 
 19.30  arrangement every 12 months as long as the child continues in 
 19.31  out-of-home placement.  The court shall give notice to the 
 19.32  responsible social services agency that The matter must be 
 19.33  returned to the court for further review if the child remains in 
 19.34  placement after every 12 months as long as the child remains in 
 19.35  placement.  The court shall give notice to the parent or 
 19.36  guardian of the continued review requirements under this section.
 20.1   Nothing in this paragraph shall be construed to mean the court 
 20.2   must order permanent placement for the child under section 
 20.3   260C.201, subdivision 11, as long as the court finds compelling 
 20.4   reasons at the first review required under this section. 
 20.5      (ii) If a petition for termination of parental rights, for 
 20.6   transfer of permanent legal and physical custody to a relative, 
 20.7   for long-term foster care or for foster care for a specified 
 20.8   period of time is filed, the court must proceed under section 
 20.9   260C.201, subdivision 11. 
 20.10     (2) (3) If any party, including the child, disagrees with 
 20.11  the voluntary arrangement, the court shall proceed under section 
 20.12  260C.163. 
 20.13     Sec. 10.  Minnesota Statutes 2000, section 260C.151, 
 20.14  subdivision 6, is amended to read: 
 20.15     Subd. 6.  [IMMEDIATE CUSTODY.] If it appears from the court 
 20.16  makes individualized, explicit findings, based on the notarized 
 20.17  petition or by sworn affidavit, that there are reasonable 
 20.18  grounds to believe the child is in surroundings or conditions 
 20.19  which endanger the child's health, safety or welfare and that 
 20.20  require that the child's custody be immediately assumed by the 
 20.21  court and that continuation of the child in the custody of the 
 20.22  parent or guardian is contrary to the child's welfare, the court 
 20.23  may order, by endorsement upon the summons, that the officer 
 20.24  serving the summons shall take the child into immediate custody. 
 20.25     Sec. 11.  Minnesota Statutes 2000, section 260C.178, 
 20.26  subdivision 1, is amended to read: 
 20.27     Subdivision 1.  [HEARING AND RELEASE REQUIREMENTS.] (a) If 
 20.28  a child was taken into custody under section 260C.175, 
 20.29  subdivision 1, clause (a) or (b)(2), the court shall hold a 
 20.30  hearing within 72 hours of the time the child was taken into 
 20.31  custody, excluding Saturdays, Sundays, and holidays, to 
 20.32  determine whether the child should continue in custody.  
 20.33     (b) Unless there is reason to believe that the child would 
 20.34  endanger self or others, not return for a court hearing, run 
 20.35  away from the child's parent, guardian, or custodian or 
 20.36  otherwise not remain in the care or control of the person to 
 21.1   whose lawful custody the child is released, or that the child's 
 21.2   health or welfare would be immediately endangered, the child 
 21.3   shall be released to the custody of a parent, guardian, 
 21.4   custodian, or other suitable person, subject to reasonable 
 21.5   conditions of release including, but not limited to, a 
 21.6   requirement that the child undergo a chemical use assessment as 
 21.7   provided in section 260C.157, subdivision 1.  In determining 
 21.8   whether the child's health or welfare would be immediately 
 21.9   endangered, the court shall consider whether the child would 
 21.10  reside with a perpetrator of domestic child abuse.  In a 
 21.11  proceeding regarding a child in need of protection or services, 
 21.12     (c) The court, before determining whether a child should 
 21.13  continue in custody, shall also make a determination, consistent 
 21.14  with section 260.012 as to whether reasonable efforts, or in the 
 21.15  case of an Indian child, active efforts, according to the Indian 
 21.16  Child Welfare Act of 1978, United States Code, title 25, section 
 21.17  1912(d), were made to prevent placement or to reunite the child 
 21.18  with the child's family, or that reasonable efforts were not 
 21.19  possible.  The court shall also determine whether there are 
 21.20  available services that would prevent the need for further 
 21.21  detention.  In the alternative, the court shall determine that 
 21.22  reasonable efforts are not required if the court makes a prima 
 21.23  facie determination that one of the circumstances under 
 21.24  paragraph (e) exists. 
 21.25     If the court finds the social services agency's preventive 
 21.26  or reunification efforts have not been reasonable but further 
 21.27  preventive or reunification efforts could not permit the child 
 21.28  to safely remain at home, the court may nevertheless authorize 
 21.29  or continue the removal of the child. 
 21.30     (d) The court may not order or continue the foster care 
 21.31  placement of the child unless the court makes explicit, 
 21.32  individualized findings that continued custody of the child by 
 21.33  the parent or guardian would be contrary to the welfare of the 
 21.34  child. 
 21.35     (c) (e) At the detention hearing, or at any time prior to 
 21.36  an adjudicatory hearing during the course of the proceeding, and 
 22.1   upon notice and request of the county attorney, the court shall 
 22.2   make the following determinations: 
 22.3      (1) whether a termination of parental rights petition has 
 22.4   been filed stating a prima facie case that: 
 22.5      (i) the parent has subjected a child to egregious harm as 
 22.6   defined in section 260C.007, subdivision 26; 
 22.7      (ii) the parental rights of the parent to another child 
 22.8   have been involuntarily terminated; or 
 22.9      (iii) the child is an abandoned infant under section 
 22.10  260C.301, subdivision 2, paragraph (a), clause (2); 
 22.11     (2) that the county attorney has determined not to proceed 
 22.12  with a termination of parental rights petition under section 
 22.13  260C.307; or 
 22.14     (3) whether a termination of parental rights petition or 
 22.15  other petition according to section 260C.201, subdivision 11, 
 22.16  has been filed alleging a prima facie case that the provision of 
 22.17  services or further services for the purpose of rehabilitation 
 22.18  and reunification is futile and therefore unreasonable under the 
 22.19  circumstances. 
 22.20     If the court determines that the county attorney is not 
 22.21  proceeding with a termination of parental rights petition under 
 22.22  section 260C.307, but is proceeding with a petition under 
 22.23  section 260C.201, subdivision 11, the court shall schedule a 
 22.24  permanency hearing within 30 days.  If the county attorney has 
 22.25  filed a petition under section 260C.307, the court shall 
 22.26  schedule a trial under section 260C.163 within 90 days of the 
 22.27  filing of the petition except when the county attorney 
 22.28  determines that the criminal case shall proceed to trial first 
 22.29  under section 260C.201, subdivision 3. 
 22.30     (d) (f) If the court determines the child should be ordered 
 22.31  into out-of-home placement and the child's parent refuses to 
 22.32  give information to the responsible social services agency 
 22.33  regarding the child's father or relatives of the child, the 
 22.34  court may order the parent to disclose the names, addresses, 
 22.35  telephone numbers, and other identifying information to the 
 22.36  local responsible social services agency for the purpose of 
 23.1   complying with the requirements of sections 260C.151, 260C.212, 
 23.2   and 260C.215. 
 23.3      (g) If a child ordered into out-of-home placement has 
 23.4   siblings, whether full, half, or step, who are also ordered into 
 23.5   placement, the court shall inquire of the responsible social 
 23.6   services agency of the efforts to place the children together as 
 23.7   required by section 260C.212, subdivision 2, paragraph (d), if 
 23.8   placement together is in each child's best interests, unless a 
 23.9   child is in placement due solely to the child's own behavior or 
 23.10  a child is placed with a previously noncustodial parent who is 
 23.11  not parent to all siblings.  If the children are not placed 
 23.12  together at the time of the detention hearing, the court shall 
 23.13  inquire at each subsequent hearing of the agency's efforts to 
 23.14  place the siblings together.  If any sibling is not placed with 
 23.15  another sibling or siblings, the agency must develop a plan for 
 23.16  visitation among the siblings as required under section 
 23.17  260C.212, subdivision 1. 
 23.18     Sec. 12.  Minnesota Statutes 2000, section 260C.178, 
 23.19  subdivision 7, is amended to read: 
 23.20     Subd. 7.  [CASE OUT-OF-HOME PLACEMENT PLAN.] (a) A case An 
 23.21  out-of-home placement plan required under section 260C.212 shall 
 23.22  be filed with the court within 30 days of the filing of a 
 23.23  petition alleging the child to be in need of protection or 
 23.24  services under section 260C.141, or filed with the petition if 
 23.25  the petition is a review of a voluntary placement under section 
 23.26  260C.141, subdivision 2. 
 23.27     (b) Upon the filing of the case out-of-home placement plan, 
 23.28  the court may approve the case plan based on the allegations 
 23.29  contained in the petition.  The court shall send written notice 
 23.30  of the approval of the out-of-home placement plan to all parties 
 23.31  and the county attorney or may state such approval on the record 
 23.32  at a hearing.  A parent may agree to comply with the terms of 
 23.33  the case plan filed with the court. 
 23.34     (c) Upon notice and motion by a parent who agrees to comply 
 23.35  with the terms of a case an out-of-home placement plan, the 
 23.36  court may modify the case plan and order the responsible social 
 24.1   services agency to provide other or additional services for 
 24.2   reunification, if reunification efforts are required, and the 
 24.3   court determines the agency's case plan inadequate under section 
 24.4   260.012. 
 24.5      (d) Unless the parent agrees to comply with the terms of 
 24.6   the case out-of-home placement plan, the court may not order a 
 24.7   parent to comply with the provisions of the case plan until the 
 24.8   court makes a determination under section 260C.201, subdivision 
 24.9   1.  However, the court may find that the responsible social 
 24.10  services agency has made reasonable efforts for reunification if 
 24.11  the agency makes efforts to implement the terms of an 
 24.12  out-of-home placement plan approved under this section. 
 24.13     Sec. 13.  Minnesota Statutes 2000, section 260C.193, 
 24.14  subdivision 3, is amended to read: 
 24.15     Subd. 3.  [PROTECTION OF THE CHILD'S BEST INTERESTS 
 24.16  INTEREST OF THE CHILD IN FOSTER CARE OR RESIDENTIAL CARE.] (a) 
 24.17  The policy of the state is to ensure that the best interests of 
 24.18  children are met by requiring individualized determinations of 
 24.19  the needs of the child and of how the selected placement will 
 24.20  serve the needs of the child in foster care placements.  
 24.21     (b) Among the factors to be considered in determining the 
 24.22  needs of the child are:  
 24.23     (1) the child's current functioning and behaviors; 
 24.24     (2) the medical, educational, and developmental needs of 
 24.25  the child; 
 24.26     (3) the child's history and past experience; 
 24.27     (4) the child's religious and cultural needs; 
 24.28     (5) the child's connection with a community, school, and 
 24.29  church; 
 24.30     (6) the child's interests and talents; 
 24.31     (7) the child's relationship to current caretakers, 
 24.32  parents, siblings, and relatives; and 
 24.33     (8) the reasonable preference of the child, if the court, 
 24.34  or in the case of a voluntary placement the child-placing 
 24.35  agency, deems the child to be of sufficient age to express 
 24.36  preferences.  
 25.1      (c) (b) The court, in transferring legal custody of any 
 25.2   child or appointing a guardian for the child under the laws 
 25.3   relating to juvenile courts, shall consider placement, shall 
 25.4   review whether the responsible social services agency made 
 25.5   efforts as required under section 260C.212, subdivision 5, and 
 25.6   made an individualized determination as required under section 
 25.7   260C.212, subdivision 2.  If the court finds the agency has not 
 25.8   made efforts as required under section 260C.212, subdivision 5, 
 25.9   and there is a relative who qualifies to be licensed to provide 
 25.10  family foster care under chapter 245A, the court may order the 
 25.11  child placed with the relative consistent with the child's best 
 25.12  interests and in the following order, in the legal custody or 
 25.13  guardianship of with an individual who (1) is related to the 
 25.14  child by blood, marriage, or adoption, or (2) is an important 
 25.15  friend with whom the child has resided or had significant 
 25.16  contact.  
 25.17     (c) If the child's birth parent or parents explicitly 
 25.18  request that a relative or important friend not be considered, 
 25.19  the court shall honor that request if it is consistent with the 
 25.20  best interests of the child.  If the child's birth parent or 
 25.21  parents express a preference for placing the child in a foster 
 25.22  or adoptive home of the same or a similar religious background 
 25.23  to that of the birth parent or parents, the court shall order 
 25.24  placement of the child with an individual who meets the birth 
 25.25  parent's religious preference. 
 25.26     (d) Placement of a child cannot be delayed or denied based 
 25.27  on race, color, or national origin of the foster parent or the 
 25.28  child.  
 25.29     (e) Whenever possible, siblings should be placed together 
 25.30  unless it is determined not to be in the best interests of a 
 25.31  sibling.  If siblings are not placed together according to 
 25.32  section 260C.212, subdivision 2, paragraph (d), the responsible 
 25.33  social services agency shall report to the court the efforts 
 25.34  made to place the siblings together and why the efforts were not 
 25.35  successful.  If the court is not satisfied with the agency's 
 25.36  efforts to place siblings together, the court may order the 
 26.1   agency to make further efforts.  If siblings are not placed 
 26.2   together the court shall review the responsible social services 
 26.3   agency's plan for visitation among siblings required as part of 
 26.4   the out-of-home placement plan under section 260C.212. 
 26.5      (d) If the child's birth parent or parents explicitly 
 26.6   request that a relative or important friend not be considered, 
 26.7   the court shall honor that request if it is consistent with the 
 26.8   best interests of the child. 
 26.9      If the child's birth parent or parents express a preference 
 26.10  for placing the child in a foster or adoptive home of the same 
 26.11  or a similar religious background to that of the birth parent or 
 26.12  parents, the court shall order placement of the child with an 
 26.13  individual who meets the birth parent's religious preference.  
 26.14     (e) (f) This subdivision does not affect the Indian Child 
 26.15  Welfare Act, United States Code, title 25, sections 1901 to 
 26.16  1923, and the Minnesota Indian Family Preservation Act, sections 
 26.17  260.751 to 260.835.  
 26.18     Sec. 14.  Minnesota Statutes 2000, section 260C.201, 
 26.19  subdivision 1, is amended to read: 
 26.20     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 26.21  the child is in need of protection or services or neglected and 
 26.22  in foster care, it shall enter an order making any of the 
 26.23  following dispositions of the case: 
 26.24     (1) place the child under the protective supervision of the 
 26.25  local responsible social services agency or child-placing agency 
 26.26  in the home of a parent of the child under conditions prescribed 
 26.27  by the court directed to the correction of the child's need for 
 26.28  protection or services, or: 
 26.29     (i) the court may order the child into the home of a parent 
 26.30  who does not otherwise have legal custody of the child, however, 
 26.31  an order under this section does not confer legal custody on 
 26.32  that parent; 
 26.33     (ii) if the court orders the child into the home of a 
 26.34  father who is not adjudicated, he must cooperate with paternity 
 26.35  establishment proceedings regarding the child in the appropriate 
 26.36  jurisdiction as one of the conditions prescribed by the court 
 27.1   for the child to continue in his home; 
 27.2      (iii) the court may order the child into the home of a 
 27.3   noncustodial parent with conditions and may also order both the 
 27.4   noncustodial and the custodial parent to comply with the 
 27.5   requirements of a case plan under subdivision 2; or 
 27.6      (2) transfer legal custody to one of the following: 
 27.7      (i) a child-placing agency; or 
 27.8      (ii) the local responsible social services agency. In 
 27.9   placing a child whose custody has been transferred under this 
 27.10  paragraph, the agencies shall follow the requirements of section 
 27.11  260C.193, subdivision 3; make an individualized determination of 
 27.12  how the placement is in the child's best interests using the 
 27.13  consideration for relatives and the best interest factors in 
 27.14  section 260C.212, subdivision 2, paragraph (b); or 
 27.15     (3) if the child is in need of special treatment and care 
 27.16  for reasons of physical or mental health, the court may order 
 27.17  the child's parent, guardian, or custodian to provide it.  If 
 27.18  the parent, guardian, or custodian fails or is unable to provide 
 27.19  this treatment or care, the court may order it provided.  The 
 27.20  court shall not transfer legal custody of the child for the 
 27.21  purpose of obtaining special treatment or care solely because 
 27.22  the parent is unable to provide the treatment or care.  If the 
 27.23  court's order for mental health treatment is based on a 
 27.24  diagnosis made by a treatment professional, the court may order 
 27.25  that the diagnosing professional not provide the treatment to 
 27.26  the child if it finds that such an order is in the child's best 
 27.27  interests; or 
 27.28     (4) if the court believes that the child has sufficient 
 27.29  maturity and judgment and that it is in the best interests of 
 27.30  the child, the court may order a child 16 years old or older to 
 27.31  be allowed to live independently, either alone or with others as 
 27.32  approved by the court under supervision the court considers 
 27.33  appropriate, if the county board, after consultation with the 
 27.34  court, has specifically authorized this dispositional 
 27.35  alternative for a child. 
 27.36     (b) If the child was adjudicated in need of protection or 
 28.1   services because the child is a runaway or habitual truant, the 
 28.2   court may order any of the following dispositions in addition to 
 28.3   or as alternatives to the dispositions authorized under 
 28.4   paragraph (a): 
 28.5      (1) counsel the child or the child's parents, guardian, or 
 28.6   custodian; 
 28.7      (2) place the child under the supervision of a probation 
 28.8   officer or other suitable person in the child's own home under 
 28.9   conditions prescribed by the court, including reasonable rules 
 28.10  for the child's conduct and the conduct of the parents, 
 28.11  guardian, or custodian, designed for the physical, mental, and 
 28.12  moral well-being and behavior of the child; or with the consent 
 28.13  of the commissioner of corrections, place the child in a group 
 28.14  foster care facility which is under the commissioner's 
 28.15  management and supervision; 
 28.16     (3) subject to the court's supervision, transfer legal 
 28.17  custody of the child to one of the following: 
 28.18     (i) a reputable person of good moral character.  No person 
 28.19  may receive custody of two or more unrelated children unless 
 28.20  licensed to operate a residential program under sections 245A.01 
 28.21  to 245A.16; or 
 28.22     (ii) a county probation officer for placement in a group 
 28.23  foster home established under the direction of the juvenile 
 28.24  court and licensed pursuant to section 241.021; 
 28.25     (4) require the child to pay a fine of up to $100.  The 
 28.26  court shall order payment of the fine in a manner that will not 
 28.27  impose undue financial hardship upon the child; 
 28.28     (5) require the child to participate in a community service 
 28.29  project; 
 28.30     (6) order the child to undergo a chemical dependency 
 28.31  evaluation and, if warranted by the evaluation, order 
 28.32  participation by the child in a drug awareness program or an 
 28.33  inpatient or outpatient chemical dependency treatment program; 
 28.34     (7) if the court believes that it is in the best interests 
 28.35  of the child and of public safety that the child's driver's 
 28.36  license or instruction permit be canceled, the court may order 
 29.1   the commissioner of public safety to cancel the child's license 
 29.2   or permit for any period up to the child's 18th birthday.  If 
 29.3   the child does not have a driver's license or permit, the court 
 29.4   may order a denial of driving privileges for any period up to 
 29.5   the child's 18th birthday.  The court shall forward an order 
 29.6   issued under this clause to the commissioner, who shall cancel 
 29.7   the license or permit or deny driving privileges without a 
 29.8   hearing for the period specified by the court.  At any time 
 29.9   before the expiration of the period of cancellation or denial, 
 29.10  the court may, for good cause, order the commissioner of public 
 29.11  safety to allow the child to apply for a license or permit, and 
 29.12  the commissioner shall so authorize; 
 29.13     (8) order that the child's parent or legal guardian deliver 
 29.14  the child to school at the beginning of each school day for a 
 29.15  period of time specified by the court; or 
 29.16     (9) require the child to perform any other activities or 
 29.17  participate in any other treatment programs deemed appropriate 
 29.18  by the court.  
 29.19     To the extent practicable, the court shall enter a 
 29.20  disposition order the same day it makes a finding that a child 
 29.21  is in need of protection or services or neglected and in foster 
 29.22  care, but in no event more than 15 days after the finding unless 
 29.23  the court finds that the best interests of the child will be 
 29.24  served by granting a delay.  If the child was under eight years 
 29.25  of age at the time the petition was filed, the disposition order 
 29.26  must be entered within ten days of the finding and the court may 
 29.27  not grant a delay unless good cause is shown and the court finds 
 29.28  the best interests of the child will be served by the delay. 
 29.29     (c) If a child who is 14 years of age or older is 
 29.30  adjudicated in need of protection or services because the child 
 29.31  is a habitual truant and truancy procedures involving the child 
 29.32  were previously dealt with by a school attendance review board 
 29.33  or county attorney mediation program under section 260A.06 or 
 29.34  260A.07, the court shall order a cancellation or denial of 
 29.35  driving privileges under paragraph (b), clause (7), for any 
 29.36  period up to the child's 18th birthday. 
 30.1      (d) In the case of a child adjudicated in need of 
 30.2   protection or services because the child has committed domestic 
 30.3   abuse and been ordered excluded from the child's parent's home, 
 30.4   the court shall dismiss jurisdiction if the court, at any time, 
 30.5   finds the parent is able or willing to provide an alternative 
 30.6   safe living arrangement for the child, as defined in Laws 1997, 
 30.7   chapter 239, article 10, section 2.  
 30.8      (e) When a parent has complied with a case plan ordered 
 30.9   under subdivision 6 and the child is in the care of the parent, 
 30.10  the court may order the responsible social services agency to 
 30.11  monitor the parent's continued ability to maintain the child 
 30.12  safely in the home under such terms and conditions as the court 
 30.13  determines appropriate under the circumstances. 
 30.14     Sec. 15.  Minnesota Statutes 2000, section 260C.201, 
 30.15  subdivision 2, is amended to read: 
 30.16     Subd. 2.  [WRITTEN FINDINGS.] (a) Any order for a 
 30.17  disposition authorized under this section shall contain written 
 30.18  findings of fact to support the disposition and case plan 
 30.19  ordered and shall also set forth in writing the following 
 30.20  information: 
 30.21     (a) (1) Why the best interests and safety of the child are 
 30.22  served by the disposition and case plan ordered; 
 30.23     (b) (2) What alternative dispositions or services under the 
 30.24  case plan were considered by the court and why such dispositions 
 30.25  or services were not appropriate in the instant case; 
 30.26     (c) How the court's disposition complies with the 
 30.27  requirements of section 260C.193, subdivision 3 (3) When legal 
 30.28  custody of the child is transferred, the appropriateness of the 
 30.29  particular placement made or to be made by the placing agency 
 30.30  using the factors in section 260C.212, subdivision 2, paragraph 
 30.31  (b); and 
 30.32     (d) (4) Whether reasonable efforts consistent with section 
 30.33  260.012 were made to prevent or eliminate the necessity of the 
 30.34  child's removal and to reunify the family after removal.  The 
 30.35  court's findings must include a brief description of what 
 30.36  preventive and reunification efforts were made and why further 
 31.1   efforts could not have prevented or eliminated the necessity of 
 31.2   removal or that reasonable efforts were not required under 
 31.3   section 260.012 or 260C.178, subdivision 1. 
 31.4      (b) If the court finds that the social services agency's 
 31.5   preventive or reunification efforts have not been reasonable but 
 31.6   that further preventive or reunification efforts could not 
 31.7   permit the child to safely remain at home, the court may 
 31.8   nevertheless authorize or continue the removal of the child. 
 31.9      (c) If the child has been identified by the responsible 
 31.10  social services agency as the subject of concurrent permanency 
 31.11  planning, the court shall review the reasonable efforts of the 
 31.12  agency to recruit, identify, and make a placement in a home 
 31.13  where the foster parent or relative that has committed to being 
 31.14  the legally permanent home for the child in the event 
 31.15  reunification efforts are not successful. 
 31.16     Sec. 16.  Minnesota Statutes 2000, section 260C.201, 
 31.17  subdivision 5, is amended to read: 
 31.18     Subd. 5.  [VISITATION.] If the court orders that the child 
 31.19  be placed outside of the child's home or present residence, it 
 31.20  shall set reasonable rules for supervised or unsupervised 
 31.21  parental visitation that contribute to the objectives of the 
 31.22  court order and the maintenance of the familial relationship.  
 31.23  No parent may be denied visitation unless the court finds at the 
 31.24  disposition hearing that the visitation would act to prevent the 
 31.25  achievement of the order's objectives or that it would endanger 
 31.26  the child's physical or emotional well-being.  The court shall 
 31.27  set reasonable rules for visitation for any relatives as defined 
 31.28  in section 260C.193, subdivision 3 260C.007, subdivision 14, and 
 31.29  with siblings of the child, if visitation is consistent with the 
 31.30  best interests of the child.  
 31.31     Sec. 17.  Minnesota Statutes 2000, section 260C.201, 
 31.32  subdivision 6, is amended to read: 
 31.33     Subd. 6.  [CASE PLAN.] (a) For each disposition ordered 
 31.34  where the child is placed away from a parent or guardian, the 
 31.35  court shall order the appropriate responsible social services 
 31.36  agency to prepare a written case out-of-home placement 
 32.1   plan according to the requirements of section 260C.212, 
 32.2   subdivision 1. developed after consultation with any foster 
 32.3   parents, and consultation with and participation by the child 
 32.4   and the child's parent, guardian, or custodian, guardian ad 
 32.5   litem, and tribal representative if the tribe has intervened.  
 32.6   The case plan shall comply with the requirements of section 
 32.7   260C.212, where applicable.  The case plan shall, among other 
 32.8   matters, specify the actions to be taken by the child and the 
 32.9   child's parent, guardian, foster parent, or custodian to ensure 
 32.10  the child's safety and to comply with the court's disposition 
 32.11  order, and the services to be offered and provided by the agency 
 32.12  to the child and the child's parent, guardian, or custodian.  
 32.13  The court shall review the case plan and, upon approving it, 
 32.14  incorporate the plan into its disposition order.  The court may 
 32.15  review and modify the terms of the case plan in the manner 
 32.16  provided in subdivision 2.  For each disposition ordered, the 
 32.17  written case plan shall specify what reasonable efforts shall be 
 32.18  provided to the family.  The case plan must include a discussion 
 32.19  of: 
 32.20     (1) the availability of appropriate prevention and 
 32.21  reunification services for the family to safely prevent the 
 32.22  removal of the child from the home or to safely reunify the 
 32.23  child with the family after removal; 
 32.24     (2) any services or resources that were requested by the 
 32.25  child or the child's parent, guardian, foster parent, or 
 32.26  custodian since the date of initial adjudication, and whether 
 32.27  those services or resources were provided or the basis for 
 32.28  denial of the services or resources; 
 32.29     (3) the need of the child and family for care, treatment, 
 32.30  or rehabilitation; 
 32.31     (4) the need for participation by the parent, guardian, or 
 32.32  custodian in the plan of care for the child; 
 32.33     (5) the visitation rights and obligations of the parent or 
 32.34  other relatives, as defined in section 260C.193, subdivision 3, 
 32.35  during any period when the child is placed outside the home; 
 32.36     (6) a description of any services that could safely prevent 
 33.1   placement or reunify the family if such services were available; 
 33.2   and 
 33.3      (7) the need for continued monitoring of the child and 
 33.4   family by the appropriate local social services agency once the 
 33.5   family has completed all services required in the case plan. 
 33.6      (b) In cases where the child is not placed out of the home 
 33.7   or is ordered into the home of a noncustodial parent, the 
 33.8   responsible social services agency shall prepare a plan for 
 33.9   delivery of social services to the child and custodial parent 
 33.10  under section 626.556, subdivision 10, or any other case plan 
 33.11  required to meet the needs of the child.  The plan shall be 
 33.12  designed to safely maintain the child in the home or to reunite 
 33.13  the child with the custodial parent. 
 33.14     (c) The court may approve the case plan as presented or 
 33.15  modify it after hearing from the parties.  Once the plan is 
 33.16  approved, the court shall order all parties to comply with it.  
 33.17  A copy of the approved case plan shall be attached to the 
 33.18  court's order and incorporated into it by reference. 
 33.19     (d) A party has a right to request a court review of the 
 33.20  reasonableness of the case plan upon a showing of a substantial 
 33.21  change of circumstances. 
 33.22     Sec. 18.  Minnesota Statutes 2000, section 260C.201, 
 33.23  subdivision 7, is amended to read: 
 33.24     Subd. 7.  [ORDER DURATION.] Subject to subdivisions 10 and 
 33.25  11, all orders under this section shall be for a specified 
 33.26  length of time set by the court not to exceed one year.  
 33.27  However, before the order has expired and upon its own motion or 
 33.28  that of any interested party, the court shall, after notice to 
 33.29  the parties and a hearing, renew the order for another year or 
 33.30  make some other disposition of the case, until the individual is 
 33.31  no longer a minor.  Any person to whom responsible social 
 33.32  services agency receiving legal custody is transferred of a 
 33.33  child shall report to the court in writing at such periods as 
 33.34  the court may direct and as required under juvenile court rules. 
 33.35     Sec. 19.  Minnesota Statutes 2000, section 260C.201, 
 33.36  subdivision 10, is amended to read: 
 34.1      Subd. 10.  [COURT REVIEW OF OUT-OF-HOME PLACEMENTS.] (a) If 
 34.2   the court places a child in a residential facility, as defined 
 34.3   in section 260C.212, subdivision 1, the court shall review the 
 34.4   out-of-home placement at least every six months as required in 
 34.5   juvenile court rules to determine whether continued out-of-home 
 34.6   placement is necessary and appropriate or whether the child 
 34.7   should be returned home.  
 34.8      (b) No later than six months after the child's out-of-home 
 34.9   placement, the court shall review agency efforts pursuant to 
 34.10  section 260C.215, subdivision 1 260C.212, subdivision 2, and 
 34.11  order that the efforts continue if the agency has failed to 
 34.12  perform the duties under that section.  
 34.13     (c) The court shall review the case out-of-home placement 
 34.14  plan and may modify the case plan as provided under subdivisions 
 34.15  6 and 7.  
 34.16     If (d) When the court orders continued out-of-home 
 34.17  placement, the court shall notify the parents of the provisions 
 34.18  of subdivision subdivisions 11 and 11a as required under 
 34.19  juvenile court rules. 
 34.20     (b) When the court determines that a permanent placement 
 34.21  hearing is necessary because there is a likelihood that the 
 34.22  child will not return to a parent's care, the court may 
 34.23  authorize the agency with custody of the child to send the 
 34.24  notice provided in section 260C.212, subdivision 5, paragraph 
 34.25  (b), or may modify the requirements of the agency under section 
 34.26  260C.212, subdivision 5, paragraph (b), or may completely 
 34.27  relieve the responsible social services agency of the 
 34.28  requirements of section 260C.212, subdivision 5, paragraph (b), 
 34.29  when the child is placed with an appropriate relative who wishes 
 34.30  to provide a permanent home for the child.  The actions ordered 
 34.31  by the court under this section must be consistent with the best 
 34.32  interests, safety, and welfare of the child.  
 34.33     Sec. 20.  Minnesota Statutes 2000, section 260C.201, 
 34.34  subdivision 11, is amended to read: 
 34.35     Subd. 11.  [REVIEW OF COURT ORDERED PLACEMENTS; PERMANENT 
 34.36  PLACEMENT DETERMINATION.] (a) Except for cases where the child 
 35.1   is in placement due solely to the child's status as 
 35.2   developmentally delayed under United States Code, title 42, 
 35.3   section 6001(7), developmental disability or emotionally 
 35.4   handicapped under section 252.27 emotional disturbance, and 
 35.5   where custody has not been transferred to the responsible social 
 35.6   services agency, and the court finds compelling reasons under 
 35.7   section 260C.007, subdivision 5a, the court shall conduct a 
 35.8   hearing to determine the permanent status of a child not later 
 35.9   than 12 months after the child is placed out of the home of the 
 35.10  parent, except that if the child was under eight years of age at 
 35.11  the time the petition was filed, the hearing must be conducted 
 35.12  no later than six months after the child is placed out of the 
 35.13  home of the parent. 
 35.14     For purposes of this subdivision, the date of the child's 
 35.15  placement out of the home of the parent is the earlier of the 
 35.16  first court-ordered placement or 60 days after the date on which 
 35.17  the child has been voluntarily placed out of the home. 
 35.18     For purposes of this subdivision, 12 months is calculated 
 35.19  as follows: 
 35.20     (1) during the pendency of a petition alleging that a child 
 35.21  is in need of protection or services, all time periods when a 
 35.22  child is placed out of the home of the parent are cumulated; 
 35.23     (2) if a child has been placed out of the home of the 
 35.24  parent within the previous five years under one or more previous 
 35.25  petitions, the lengths of all prior time periods when the child 
 35.26  was placed out of the home within the previous five years are 
 35.27  cumulated.  If a child under this clause has been out of the 
 35.28  home for 12 months or more, the court, if it is in the best 
 35.29  interests of the child and for compelling reasons, may extend 
 35.30  the total time the child may continue out of the home under the 
 35.31  current petition up to an additional six months before making a 
 35.32  permanency determination.  
 35.33     (b) Unless the responsible social services agency 
 35.34  recommends return of the child to the custodial parent or 
 35.35  parents, not later than 30 days prior to this hearing, the 
 35.36  responsible social services agency shall file pleadings in 
 36.1   juvenile court to establish the basis for the juvenile court to 
 36.2   order permanent placement of the child according to paragraph 
 36.3   (d).  Notice of the hearing and copies of the pleadings must be 
 36.4   provided pursuant to section 260C.152.  If a termination of 
 36.5   parental rights petition is filed before the date required for 
 36.6   the permanency planning determination and there is a trial under 
 36.7   section 260C.163 scheduled on that petition within 90 days of 
 36.8   the filing of the petition, no hearing need be conducted under 
 36.9   this subdivision.  
 36.10     (c) At the conclusion of the hearing, the court shall order 
 36.11  the child returned home to the care of the parent or guardian 
 36.12  from whom the child was removed or order a permanent placement 
 36.13  in the child's best interests.  The "best interests of the 
 36.14  child" means all relevant factors to be considered and 
 36.15  evaluated.  Transfer of permanent legal and physical custody and 
 36.16  termination of parental rights are preferred permanency options 
 36.17  for a child who cannot return home. 
 36.18     (d) At a hearing under this subdivision, if the child was 
 36.19  under eight years of age at the time the petition was filed 
 36.20  alleging the child in need of protection or services, the court 
 36.21  shall review the progress of the case and the case plan, 
 36.22  including the provision of services.  The court may order the 
 36.23  local social services agency to show cause why it should not 
 36.24  file a termination of parental rights petition.  Cause may 
 36.25  include, but is not limited to, the following conditions: 
 36.26     (1) the parents or guardians have maintained regular 
 36.27  contact with the child, the parents are complying with the 
 36.28  court-ordered case plan, and the child would benefit from 
 36.29  continuing this relationship; 
 36.30     (2) grounds for termination under section 260C.301 do not 
 36.31  exist; or 
 36.32     (3) the permanent plan for the child is transfer of 
 36.33  permanent legal and physical custody to a relative.  When the 
 36.34  permanent plan for the child is transfer of permanent legal and 
 36.35  physical custody to a relative, a petition supporting the plan 
 36.36  shall be filed in juvenile court within 30 days of the hearing 
 37.1   required under this subdivision and a hearing on the petition 
 37.2   held within 30 days of the filing of the pleadings. 
 37.3      (e) (d) If the child is not returned to the home, the court 
 37.4   must order one of the following dispositions: 
 37.5      (1) permanent legal and physical custody to a relative in 
 37.6   the best interests of the child. according to the following 
 37.7   conditions: 
 37.8      (i) an order for transfer of permanent legal and physical 
 37.9   custody to a relative shall only be made after the court has 
 37.10  reviewed the suitability of the prospective legal and physical 
 37.11  custodian; 
 37.12     (ii) in transferring permanent legal and physical custody 
 37.13  to a relative, the juvenile court shall follow the standards and 
 37.14  procedures applicable under this chapter, chapter chapters 260, 
 37.15  or chapter and 518., and juvenile court rules; 
 37.16     (iii) an order establishing permanent legal or and physical 
 37.17  custody under this subdivision must be filed with the family 
 37.18  court.; 
 37.19     (iv) a transfer of legal and physical custody includes 
 37.20  responsibility for the protection, education, care, and control 
 37.21  of the child and decision making on behalf of the child.; 
 37.22     (v) the social services agency may petition on behalf of 
 37.23  the proposed custodian; and 
 37.24     (vi) the juvenile court may maintain jurisdiction over the 
 37.25  responsible social services agency, the parents or guardian of 
 37.26  the child, the child and the permanent legal and physical 
 37.27  custodian for purposes of ensuring appropriate services are 
 37.28  delivered to the child and permanent legal custodian or for the 
 37.29  purpose of ensuring conditions ordered by the court related to 
 37.30  the care and custody of the child are met; 
 37.31     (2) termination of parental rights; according to the 
 37.32  following conditions: 
 37.33     (i) unless the social services agency has already filed a 
 37.34  petition for termination of parental rights under section 
 37.35  260C.307, the court may order such a petition filed and all the 
 37.36  requirements of sections 260C.301 to 260C.328 remain 
 38.1   applicable.; and 
 38.2      (ii) an adoption completed subsequent to a determination 
 38.3   under this subdivision may include an agreement for 
 38.4   communication or contact under section 259.58; or 
 38.5      (3) long-term foster care; transfer of legal custody and 
 38.6   adoption are preferred permanency options for a child who cannot 
 38.7   return home. according to the following conditions: 
 38.8      (i) the court may order a child into long-term foster care 
 38.9   only if it finds compelling reasons that neither an award of 
 38.10  permanent legal and physical custody to a relative, nor 
 38.11  termination of parental rights nor adoption is in the child's 
 38.12  best interests.; and 
 38.13     (ii) further, the court may only order long-term foster 
 38.14  care for the child under this section if it finds the following: 
 38.15     (i) (A) the child has reached age 12 and reasonable efforts 
 38.16  by the responsible social services agency have failed to locate 
 38.17  an adoptive family for the child; or 
 38.18     (ii) (B) the child is a sibling of a child described in 
 38.19  clause (i) subitem (A) and the siblings have a significant 
 38.20  positive relationship and are ordered into the same long-term 
 38.21  foster care home; or 
 38.22     (4) foster care for a specified period of time according to 
 38.23  the following conditions: 
 38.24     (i) foster care for a specified period of time may be 
 38.25  ordered only if: 
 38.26     (i) (A) the sole basis for an adjudication that the child 
 38.27  is in need of protection or services is the child's 
 38.28  behavior; and 
 38.29     (ii) (B) the court finds that foster care for a specified 
 38.30  period of time is in the best interests of the child.; and 
 38.31     (C) the court finds compelling reasons that neither an 
 38.32  award of permanent legal and physical custody to a relative, nor 
 38.33  termination of parental rights is in the child's best interests; 
 38.34     (ii) an order under this provision may not order that the 
 38.35  child continue in foster care for any period exceeding one year; 
 38.36  or 
 39.1      (5) guardianship and legal custody to the commissioner of 
 39.2   human services under the following procedures and conditions: 
 39.3      (i) there is an identified prospective adoptive home that 
 39.4   has agreed to adopt the child and the court accepts the parent's 
 39.5   voluntary consent to adopt under chapter 259.24; 
 39.6      (ii) if the court accepts a consent to adopt in lieu of 
 39.7   ordering one of the other enumerated permanency dispositions, 
 39.8   the court must review the matter at least every 90 days.  The 
 39.9   review will address the reasonable efforts of the agency to 
 39.10  achieve a finalized adoption; 
 39.11     (iii) a consent to adopt under this clause vests all legal 
 39.12  authority regarding the child, including guardianship and legal 
 39.13  custody of the child, with the commissioner of human services as 
 39.14  if the child were a state ward after termination of parental 
 39.15  rights; 
 39.16     (iv) the court must forward a copy of the consent to adopt, 
 39.17  together with a certified copy of the order transferring 
 39.18  guardianship and legal custody to the commissioner, to the 
 39.19  commissioner; and 
 39.20     (v) if an adoption is not finalized by the identified 
 39.21  prospective adoptive parent within 12 months of the execution of 
 39.22  the consent to adopt under this clause, the commissioner of 
 39.23  human services or the commissioner's delegate, shall pursue 
 39.24  adoptive placement in another home unless the commissioner 
 39.25  certifies that the failure to finalize is not due to a failure 
 39.26  to act by the prospective adoptive parent. 
 39.27     (f) (e) In ordering a permanent placement of a child, the 
 39.28  court must be governed by the best interests of the child, 
 39.29  including a review of the relationship between the child and 
 39.30  relatives and the child and other important persons with whom 
 39.31  the child has resided or had significant contact. 
 39.32     (g) (f) Once a permanent placement determination has been 
 39.33  made and permanent placement has been established, further court 
 39.34  reviews and dispositional hearings are only necessary if: 
 39.35     (1) the placement is made under paragraph (e), clause (4), 
 39.36  review is otherwise required by federal law, long-term foster 
 40.1   care or foster care for a specified period of time; 
 40.2      (2) the court orders further hearings because it has 
 40.3   retained jurisdiction of a transfer of permanent legal and 
 40.4   physical custody matter; 
 40.5      (3) an adoption has not yet been finalized,; or 
 40.6      (4) there is a disruption of the permanent or long-term 
 40.7   placement.  
 40.8      (g) Court reviews of an order for long-term foster care, 
 40.9   whether under this section or section 260C.317, subdivision 3, 
 40.10  paragraph (d), or foster care for a specified period of time 
 40.11  must be conducted at least yearly and must review the child's 
 40.12  out-of-home placement plan and the reasonable efforts of the 
 40.13  agency to: 
 40.14     (1) identify a specific long-term foster home for the child 
 40.15  or a specific foster home for the time the child is specified to 
 40.16  be out of the care of the parent, if one has not already been 
 40.17  identified; 
 40.18     (2) support continued placement of the child in the 
 40.19  identified home, if one has been identified; 
 40.20     (3) ensure appropriate services are provided to the child 
 40.21  during the period of long-term foster care or foster care for a 
 40.22  specified period of time; 
 40.23     (4) plan for the child's independence upon the child's 
 40.24  leaving long-term foster care living as required under section 
 40.25  260C.212, subdivision 1; and 
 40.26     (5) where placement is for a specified period of time, a 
 40.27  plan for the safe return of the child to the care of the parent. 
 40.28     (h) An order under this subdivision must include the 
 40.29  following detailed findings: 
 40.30     (1) how the child's best interests are served by the order; 
 40.31     (2) the nature and extent of the responsible social service 
 40.32  agency's reasonable efforts, or, in the case of an Indian child, 
 40.33  active efforts to reunify the child with the parent or parents; 
 40.34     (3) the parent's or parents' efforts and ability to use 
 40.35  services to correct the conditions which led to the out-of-home 
 40.36  placement; and 
 41.1      (4) whether the conditions which led to the out-of-home 
 41.2   placement have been corrected so that the child can return home. 
 41.3      (i) An order for permanent legal and physical custody of a 
 41.4   child may be modified under sections 518.18 and 518.185.  The 
 41.5   social services agency is a party to the proceeding and must 
 41.6   receive notice.  A parent may only seek modification of an order 
 41.7   for long-term foster care is reviewable upon motion and a 
 41.8   showing by the parent of a substantial change in the parent's 
 41.9   circumstances such that the parent could provide appropriate 
 41.10  care for the child and that removal of the child from the 
 41.11  child's permanent placement and the return to the parent's care 
 41.12  would be in the best interest of the child. 
 41.13     (j) The court shall issue an order required under this 
 41.14  section within 15 days of the close of the proceedings.  The 
 41.15  court may extend issuing the order an additional 15 days when 
 41.16  necessary in the interests of justice and the best interests of 
 41.17  the child. 
 41.18     Sec. 21.  Minnesota Statutes 2000, section 260C.201, is 
 41.19  amended by adding a subdivision to read: 
 41.20     Subd. 11a.  [PERMANENCY REVIEW FOR CHILDREN UNDER EIGHT.] 
 41.21  (a) [HEARING TO REVIEW PROGRESS OF THE CASE.] If the child was 
 41.22  under eight years of age at the time the petition was filed 
 41.23  alleging the child was in need of protection or services, and 
 41.24  the child continues in placement out of the home of the parent 
 41.25  or guardian from whom the child was removed no later than six 
 41.26  months after the child's placement, the court shall conduct a 
 41.27  permanency hearing to review the progress of the case, the 
 41.28  parent's progress on the out-of-home placement plan, and the 
 41.29  provision of services. 
 41.30     (b) [COUNTY ATTORNEY AND RESPONSIBLE AGENCY'S 
 41.31  DUTIES.] Based on its assessment of the parent's or guardian's 
 41.32  progress on the out-of-home placement plan, the responsible 
 41.33  social services agency must either ask the county attorney to 
 41.34  file a petition for termination of parental rights, a petition 
 41.35  for transfer of permanent legal and physical custody to a 
 41.36  relative, or the report required under juvenile court rules. 
 42.1      (c) [COURT'S FINDINGS.] (1) If the parent or guardian has 
 42.2   maintained contact with the child, are complying with the 
 42.3   court-ordered out-of-home placement plan, and the child would 
 42.4   benefit from reunification with the parent, the court may either:
 42.5      (i) return the child home, if the conditions which led to 
 42.6   the out-of-home placement have been sufficiently mitigated that 
 42.7   it is safe and in the child's best interests to return home; or 
 42.8      (ii) continue the matter up to a total of six additional 
 42.9   months.  If the child has not returned home by the end of the 
 42.10  additional six months, the court must conduct a hearing 
 42.11  according to subdivision 11. 
 42.12     (2) If the court determines that the parent or guardian is 
 42.13  not complying with the out-of-home placement plan or is not 
 42.14  maintaining regular contact with the child as outlined in the 
 42.15  visitation plan required as part of the out-of-home placement 
 42.16  plan under section 260C.212, the court may order the responsible 
 42.17  social services agency to develop a plan for permanent placement 
 42.18  of the child away from the parent and to file a petition to 
 42.19  support an order for the permanent placement plan. 
 42.20     (d) [RESPONSIBLE AGENCY'S DUTIES.] (1) Following the review 
 42.21  under paragraphs (b) and (c), if the court has either returned 
 42.22  the child home or continued the matter up to a total of six 
 42.23  additional months, the agency shall continue to provide services 
 42.24  to support the child's return home or to make reasonable efforts 
 42.25  to achieve reunification of the child and the parent as ordered 
 42.26  by the court under an approved case plan; 
 42.27     (2) Following the review: 
 42.28     (i) if the court orders the agency to develop a plan for 
 42.29  the transfer of permanent legal and physical custody of the 
 42.30  child to a relative, a petition supporting the plan shall be 
 42.31  filed in juvenile court within 30 days of the hearing required 
 42.32  under this subdivision and a trial on the petition held within 
 42.33  30 days of the filing of the pleadings; or 
 42.34     (ii) if the court orders the agency to file a termination 
 42.35  of parental rights, unless the county attorney can show cause 
 42.36  why a termination of parental rights petition should not be 
 43.1   filed, a petition for termination of parental rights shall be 
 43.2   filed in juvenile court within 30 days of the hearing required 
 43.3   under this subdivision and a trial on the petition held within 
 43.4   90 days of the filing of the petition. 
 43.5      Sec. 22.  Minnesota Statutes 2000, section 260C.205, is 
 43.6   amended to read: 
 43.7      260C.205 [DISPOSITIONS; VOLUNTARY FOSTER CARE PLACEMENTS.] 
 43.8      Unless the court disposes of the petition under section 
 43.9   260C.141, subdivision 2, upon a petition for review of the 
 43.10  foster care status of a child, the court may:  
 43.11     (a) Find that the child's needs are not being met, in which 
 43.12  case the court shall order the social services agency or the 
 43.13  parents to take whatever action is necessary and feasible to 
 43.14  meet the child's needs, including, when appropriate, the 
 43.15  provision by the social services agency of services to the 
 43.16  parents which would enable the child to live at home, and order 
 43.17  a disposition under section 260C.201. 
 43.18     (b) Find that the child has been abandoned by parents 
 43.19  financially or emotionally, or that the developmentally disabled 
 43.20  child does not require out-of-home care because of the 
 43.21  handicapping condition, in which case the court shall order the 
 43.22  social services agency to file an appropriate petition pursuant 
 43.23  to section 260C.141, subdivision 1, or 260C.307. 
 43.24     (c) In the case of a child who is in placement due solely 
 43.25  to the child's developmental disability or emotional 
 43.26  disturbance, and the court finds that there are compelling 
 43.27  reasons which permit the court to approve the continued 
 43.28  voluntary placement of the child and retain jurisdiction to 
 43.29  conduct reviews as required under section 260C.141, subdivision 
 43.30  2, the court shall give the parent notice of the review 
 43.31  requirements of section 260C.141, subdivision 2, in the event 
 43.32  the child continues in placement 12 months or longer. 
 43.33     Nothing in this section shall be construed to prohibit 
 43.34  bringing a petition pursuant to section 260C.141, subdivision 1 
 43.35  or 4, sooner than required by court order pursuant to this 
 43.36  section.  
 44.1      Sec. 23.  Minnesota Statutes 2000, section 260C.212, 
 44.2   subdivision 1, is amended to read: 
 44.3      Subdivision 1.  [OUT-OF-HOME PLACEMENT; PLAN.] (a) A case 
 44.4   An out-of-home placement plan shall be prepared within 30 days 
 44.5   after any child is placed in a residential facility by court 
 44.6   order or by the voluntary release of the child by the parent or 
 44.7   parents.  
 44.8      For purposes of this section, a residential facility means 
 44.9   any group home, family foster home or other publicly supported 
 44.10  out-of-home residential facility, including any out-of-home 
 44.11  residential facility under contract with the state, county or 
 44.12  other political subdivision, or any agency thereof, to provide 
 44.13  those services or foster care as defined in section 260C.007, 
 44.14  subdivision 9.  
 44.15     (b) When a child is in placement, the responsible local 
 44.16  social services agency shall make diligent efforts to identify, 
 44.17  locate, and, where appropriate, offer services to both parents 
 44.18  of the child.  If a noncustodial or nonadjudicated parent is 
 44.19  willing and capable of providing for the day-to-day care of the 
 44.20  child, the local social services agency may seek authority from 
 44.21  the custodial parent or the court to have that parent assume 
 44.22  day-to-day care of the child.  If a parent is not an adjudicated 
 44.23  parent, the local social services agency shall require the 
 44.24  nonadjudicated parent to cooperate with paternity establishment 
 44.25  procedures as part of the case plan. 
 44.26     (c) If, after assessment, the local social services agency 
 44.27  determines that the child cannot be in the day-to-day care of 
 44.28  either parent, the agency shall prepare a case plan addressing 
 44.29  the conditions that each parent must mitigate before the child 
 44.30  could be in that parent's day-to-day care. 
 44.31     (d) If, after the provision of services following a case 
 44.32  plan under this section and ordered by the juvenile court, the 
 44.33  child cannot return to the care of the parent from whom the 
 44.34  child was removed or who had legal custody at the time the child 
 44.35  was placed in foster care, the agency may petition on behalf of 
 44.36  a noncustodial parent to establish legal custody with that 
 45.1   parent under section 260C.201, subdivision 11.  If paternity has 
 45.2   not already been established, it may be established in the same 
 45.3   proceeding in the manner provided for under this chapter. 
 45.4      The responsible social services agency may be relieved of 
 45.5   the requirement to locate and offer services to both parents by 
 45.6   the juvenile court upon a finding of good cause after the filing 
 45.7   of a petition under section 260B.141 or 260C.141. 
 45.8      (e) For the purposes of this section, a case An out-of-home 
 45.9   placement plan means a written document which is ordered by the 
 45.10  court or which is prepared by the responsible social services 
 45.11  agency responsible for the residential facility placement and is 
 45.12  jointly with the parent or parents or guardian of the child and 
 45.13  in consultation with the child's guardian ad litem, the child's 
 45.14  tribe, if the child is an Indian child, the child's foster 
 45.15  parent or representative of the residential facility, and, where 
 45.16  appropriate, the child.  The plan shall be: 
 45.17     (1) submitted to the court for approval under section 
 45.18  260C.178, subdivision 7; 
 45.19     (2) ordered by the court, either as presented or modified 
 45.20  after hearing, under section 260C.178, subdivision 7, or 
 45.21  260C.201, subdivision 6; and 
 45.22     (3) where appropriate, signed by the parent or parents, or 
 45.23  other custodian, guardian of the child, the child's legal 
 45.24  guardian ad litem, a representative of the child's tribe, the 
 45.25  responsible social services agency responsible for the 
 45.26  residential facility placement, and, if possible, the child.  
 45.27     (c) The document out-of-home placement plan shall be 
 45.28  explained to all persons involved in its implementation, 
 45.29  including the child who has signed the document plan, and shall 
 45.30  set forth: 
 45.31     (1) a description of the residential facility including how 
 45.32  the out-of-home placement plan is designed to achieve a safe 
 45.33  placement for the child in the least restrictive, most 
 45.34  family-like, setting available which is in close proximity to 
 45.35  the home of the parent or parents or guardian of the child when 
 45.36  the case plan goal is reunification, and how the placement is 
 46.1   consistent with the best interests and special needs of the 
 46.2   child according to the factors under subdivision 2, paragraph 
 46.3   (b); 
 46.4      (2) the specific reasons for the placement of the child in 
 46.5   a residential facility, including and when reunification is the 
 46.6   plan, a description of the problems or conditions in the home of 
 46.7   the parent or parents which necessitated removal of the child 
 46.8   from home and the changes the parent or parents must make in 
 46.9   order for the child to safely return home; 
 46.10     (2) (3) a description of the services offered and provided 
 46.11  to prevent removal of the child from the home and to reunify the 
 46.12  family including: 
 46.13     (i) the specific actions to be taken by the parent or 
 46.14  parents of the child to eliminate or correct the problems or 
 46.15  conditions identified in clause (1) (2), and the time period 
 46.16  during which the actions are to be taken; and 
 46.17     (ii) the reasonable efforts, or in the case of an Indian 
 46.18  child, active efforts to be made to achieve a safe and stable 
 46.19  home for the child including social and other supportive 
 46.20  services to be provided or offered to the parent or parents or 
 46.21  guardian of the child, the child, and the residential facility 
 46.22  during the period the child is in the residential facility; 
 46.23     (3) The financial responsibilities and obligations, if any, 
 46.24  of the parents for the support of the child during the period 
 46.25  the child is in the residential facility; 
 46.26     (4) a description of any services or resources that were 
 46.27  requested by the child or the child's parent, guardian, foster 
 46.28  parent, or custodian since the date of the child's placement in 
 46.29  the residential facility, and whether those services or 
 46.30  resources were provided and if not, the basis for the denial of 
 46.31  the services or resources; 
 46.32     (5) the visitation rights and obligations of plan for the 
 46.33  parent or parents or guardian, other relatives as defined in 
 46.34  section 260C.193 260C.007, subdivision 14, and siblings of the 
 46.35  child if the siblings are not placed together in the residential 
 46.36  facility, if such and whether visitation is consistent with the 
 47.1   best interest of the child, during the period the child is in 
 47.2   the residential facility; 
 47.3      (5) The social and other supportive services to be provided 
 47.4   to the parent or parents of the child, the child, and the 
 47.5   residential facility during the period the child is in the 
 47.6   residential facility; 
 47.7      (6) the date on which the child is expected to be returned 
 47.8   to and safely maintained in the home of the parent or parents or 
 47.9   placed for adoption or otherwise permanently removed from the 
 47.10  care of the parent by court order; 
 47.11     (7) the nature of the effort to be made by the social 
 47.12  services agency responsible for the placement to reunite the 
 47.13  family; 
 47.14     (8) notice to the parent or parents: 
 47.15     (i) that placement of the child in foster care may result 
 47.16  in termination of parental rights but only after notice and a 
 47.17  hearing as provided in chapter 260; and 
 47.18     (ii) in cases where the agency has determined that both 
 47.19  reasonable efforts to reunify the child with the parents, and 
 47.20  reasonable efforts to place the child in a permanent home away 
 47.21  from the parent that may become legally permanent are 
 47.22  appropriate, notice of: 
 47.23     (A) time limits on the length of placement and of 
 47.24  reunification services; 
 47.25     (B) the nature of the services available to the parent; 
 47.26     (C) the consequences to the parent and the child if the 
 47.27  parent fails or is unable to use services to correct the 
 47.28  circumstances that led to the child's placement; 
 47.29     (D) the first consideration for relative placement; and 
 47.30     (E) the benefit to the child in getting the child out of 
 47.31  residential care as soon as possible, preferably by returning 
 47.32  the child home, but if that is not possible, through a permanent 
 47.33  legal placement of the child away from the parent; 
 47.34     (9) a permanency hearing under section 260C.201, 
 47.35  subdivision 11, or a termination of parental rights hearing 
 47.36  under sections 260C.301 to 260C.328, where the agency asks the 
 48.1   court to find that the child should be permanently placed away 
 48.2   from the parent and includes documentation of the steps taken by 
 48.3   the responsible social services agency to find an adoptive 
 48.4   family or other permanent legal placement for the child, to 
 48.5   place the child with an adoptive family, a fit and willing 
 48.6   relative through an award of permanent legal and physical 
 48.7   custody, or in another planned and permanent legal placement.  
 48.8   The documentation must include child specific recruitment 
 48.9   efforts; and 
 48.10     (10) (6) documentation of steps to finalize the adoption or 
 48.11  legal guardianship of the child if the court has issued an order 
 48.12  terminating the rights of both parents of the child or of the 
 48.13  only known, living parent of the child, documentation of steps 
 48.14  to finalize the adoption or legal guardianship of the child. and 
 48.15  a copy of this documentation shall be provided to the court in 
 48.16  the review required under section 260C.317, subdivision 3, 
 48.17  paragraph (b); 
 48.18     (7) to the extent available and accessible, the health and 
 48.19  educational records of the child including: 
 48.20     (i) the names and addresses of the child's health and 
 48.21  educational providers; 
 48.22     (ii) the child's grade level performance; 
 48.23     (iii) the child's school record; 
 48.24     (iv) assurances that the child's placement in foster care 
 48.25  takes into account proximity to the school in which the child is 
 48.26  enrolled at the time of placement; 
 48.27     (v) a record of the child's immunizations; 
 48.28     (vi) the child's known medical problems; 
 48.29     (vii) the child's medications; and 
 48.30     (viii) any other relevant health and education information; 
 48.31  and 
 48.32     (8) an independent living plan for a child age 16 or older 
 48.33  who is in placement as a result of a permanency disposition.  
 48.34  The plan should include, but not be limited to, the following 
 48.35  objectives: 
 48.36     (i) educational, vocational, or employment planning; 
 49.1      (ii) health care planning and medical coverage; 
 49.2      (iii) transportation including, where appropriate, 
 49.3   assisting the child in obtaining a driver's license; 
 49.4      (iv) money management; 
 49.5      (v) planning for housing; 
 49.6      (vi) social and recreational skills; and 
 49.7      (vii) establishing and maintaining connections with the 
 49.8   child's family and community. 
 49.9      (f) (d) The parent or parents or guardian and the child 
 49.10  each shall have the right to legal counsel in the preparation of 
 49.11  the case plan and shall be informed of the right at the time of 
 49.12  placement of the child.  The child shall also have the right to 
 49.13  a guardian ad litem.  If unable to employ counsel from their own 
 49.14  resources, the court shall appoint counsel upon the request of 
 49.15  the parent or parents or the child or the child's legal 
 49.16  guardian.  The parent or parents may also receive assistance 
 49.17  from any person or social services agency in preparation of the 
 49.18  case plan. 
 49.19     After the plan has been agreed upon by the parties involved 
 49.20  or approved or ordered by the court, the foster parents shall be 
 49.21  fully informed of the provisions of the case plan and shall be 
 49.22  provided a copy of the plan. 
 49.23     (g) When an agency accepts a child for placement, the 
 49.24  agency shall determine whether the child has had a physical 
 49.25  examination by or under the direction of a licensed physician 
 49.26  within the 12 months immediately preceding the date when the 
 49.27  child came into the agency's care.  If there is documentation 
 49.28  that the child has had such an examination within the last 12 
 49.29  months, the agency is responsible for seeing that the child has 
 49.30  another physical examination within one year of the documented 
 49.31  examination and annually in subsequent years.  If the agency 
 49.32  determines that the child has not had a physical examination 
 49.33  within the 12 months immediately preceding placement, the agency 
 49.34  shall ensure that the child has the examination within 30 days 
 49.35  of coming into the agency's care and once a year in subsequent 
 49.36  years.  
 50.1      Sec. 24.  Minnesota Statutes 2000, section 260C.212, 
 50.2   subdivision 2, is amended to read: 
 50.3      Subd. 2.  [PLACEMENT DECISIONS BASED ON BEST INTEREST OF 
 50.4   THE CHILD.] (a) The policy of the state of Minnesota is to 
 50.5   ensure that the child's best interests are met by requiring an 
 50.6   individualized determination of the needs of the child and of 
 50.7   how the selected placement will serve the needs of the child 
 50.8   being placed.  The authorized child-placing agency shall place a 
 50.9   child, released by court order or by voluntary release by the 
 50.10  parent or parents, in a family foster home selected by 
 50.11  considering placement with relatives and important friends 
 50.12  consistent with section 260C.193, subdivision 3. 
 50.13     (b) Among the factors the agency shall consider in 
 50.14  determining the needs of the child are those specified under 
 50.15  section 260C.193, subdivision 3, paragraph (b) the following: 
 50.16     (1) the child's current functioning and behaviors; 
 50.17     (2) the medical, educational, and developmental needs of 
 50.18  the child; 
 50.19     (3) the child's history and past experience; 
 50.20     (4) the child's religious and cultural needs; 
 50.21     (5) the child's connection with a community, school, and 
 50.22  church; 
 50.23     (6) the child's interests and talents; 
 50.24     (7) the child's relationship to current caretakers, 
 50.25  parents, siblings, and relatives; and 
 50.26     (8) the reasonable preference of the child, if the court, 
 50.27  or the child-placing agency in the case of a voluntary 
 50.28  placement, deems the child to be of sufficient age to express 
 50.29  preferences. 
 50.30     (c) Placement of a child cannot be delayed or denied based 
 50.31  on race, color, or national origin of the foster parent or the 
 50.32  child. 
 50.33     (d) Siblings should be placed together for foster care and 
 50.34  adoption at the earliest possible time unless it is determined 
 50.35  not to be in the best interests of a sibling or unless it is not 
 50.36  possible after appropriate efforts by the responsible social 
 51.1   services agency.  
 51.2      Sec. 25.  Minnesota Statutes 2000, section 260C.212, 
 51.3   subdivision 4, is amended to read: 
 51.4      Subd. 4.  [NOTICE BEFORE VOLUNTARY PLACEMENT RESPONSIBLE 
 51.5   SOCIAL SERVICE AGENCY'S DUTIES FOR CHILDREN IN PLACEMENT.] (a) 
 51.6   When a child is in placement, the responsible social services 
 51.7   agency shall make diligent efforts to identify, locate, and, 
 51.8   where appropriate, offer services to both parents of the child. 
 51.9      (1) If a noncustodial or nonadjudicated parent is willing 
 51.10  and capable of providing for the day-to-day care of the child, 
 51.11  the responsible social services agency may seek authority from 
 51.12  the custodial parent or the court to have that parent assume 
 51.13  day-to-day care of the child.  If a parent is not an adjudicated 
 51.14  parent, the responsible social services agency shall require the 
 51.15  nonadjudicated parent to cooperate with paternity establishment 
 51.16  procedures as part of the case plan. 
 51.17     (2) If, after assessment, the responsible social services 
 51.18  agency determines that the child cannot be in the day-to-day 
 51.19  care of either parent, the agency shall prepare an out-of-home 
 51.20  placement plan addressing the conditions that each parent must 
 51.21  meet before the child can be in that parent's day-to-day care. 
 51.22     (3) If, after the provision of services following an 
 51.23  out-of-home placement plan under this section, the child cannot 
 51.24  return to the care of the parent from whom the child was removed 
 51.25  or who had legal custody at the time the child was placed in 
 51.26  foster care, the agency may petition on behalf of a noncustodial 
 51.27  parent to establish legal custody with that parent under section 
 51.28  260C.201, subdivision 11.  If paternity has not already been 
 51.29  established, it may be established in the same proceeding in the 
 51.30  manner provided for under chapter 257. 
 51.31     (4) The responsible social services agency may be relieved 
 51.32  of the requirement to locate and offer services to both parents 
 51.33  by the juvenile court upon a finding of good cause after the 
 51.34  filing of a petition under section 260C.141. 
 51.35     (b) The responsible social services agency shall give 
 51.36  notice to the parent or parents or guardian of each child in a 
 52.1   residential facility other than a child in placement due solely 
 52.2   to that child's developmental disability or emotional 
 52.3   disturbance of the following information: 
 52.4      (1) that residential care of the child may result in 
 52.5   termination of parental rights or an order permanently placing 
 52.6   the child out of the custody of the parent, but only after 
 52.7   notice and a hearing as required under chapter 260C and the 
 52.8   juvenile court rules; 
 52.9      (2) time limits on the length of placement and of 
 52.10  reunification services, including the date on which the child is 
 52.11  expected to be returned to and safely maintained in the home of 
 52.12  the parent or parents or placed for adoption or otherwise 
 52.13  permanently removed from the care of the parent by court order; 
 52.14     (3) the nature of the services available to the parent; 
 52.15     (4) the consequences to the parent and the child if the 
 52.16  parent fails or is unable to use services to correct the 
 52.17  circumstances that led to the child's placement; 
 52.18     (5) the first consideration for relative placement; 
 52.19     (6) the benefit to the child in getting the child out of 
 52.20  residential care as soon as possible, preferably by returning 
 52.21  the child home, but if that is not possible, through a permanent 
 52.22  legal placement of the child away from the parent; 
 52.23     (7) when safe for the child, the benefits to the child and 
 52.24  the parent of maintaining visitation with the child as soon as 
 52.25  possible in the course of the case and, in any event, according 
 52.26  to the visitation plan under this section; and 
 52.27     (8) the financial responsibilities and obligations, if any, 
 52.28  of the parent or parents for the support of the child during the 
 52.29  period the child is in the residential facility. 
 52.30     (c) The local responsible social services agency shall 
 52.31  inform a parent considering voluntary placement of a child who 
 52.32  is not developmentally disabled or emotionally 
 52.33  handicapped disturbed of the following information: 
 52.34     (1) the parent and the child each has a right to separate 
 52.35  legal counsel before signing a voluntary placement agreement, 
 52.36  but not to counsel appointed at public expense; 
 53.1      (2) the parent is not required to agree to the voluntary 
 53.2   placement, and a parent who enters a voluntary placement 
 53.3   agreement may at any time request that the agency return the 
 53.4   child.  If the parent so requests, the child must be returned 
 53.5   within 24 hours of the receipt of the request; 
 53.6      (3) evidence gathered during the time the child is 
 53.7   voluntarily placed may be used at a later time as the basis for 
 53.8   a petition alleging that the child is in need of protection or 
 53.9   services or as the basis for a petition seeking termination of 
 53.10  parental rights or other permanent placement of the child away 
 53.11  from the parent; 
 53.12     (4) if the local responsible social services agency files a 
 53.13  petition alleging that the child is in need of protection or 
 53.14  services or a petition seeking the termination of parental 
 53.15  rights or other permanent placement of the child away from the 
 53.16  parent, the parent would have the right to appointment of 
 53.17  separate legal counsel and the child would have a right to the 
 53.18  appointment of counsel and a guardian ad litem as provided by 
 53.19  law, and that counsel will be appointed at public expense if 
 53.20  they are unable to afford counsel; and 
 53.21     (5) the timelines and procedures for review of voluntary 
 53.22  placements under subdivision 3, and the effect the time spent in 
 53.23  voluntary placement on the scheduling of a permanent placement 
 53.24  determination hearing under section 260C.201, subdivision 11.  
 53.25     (d) When an agency accepts a child for placement, the 
 53.26  agency shall determine whether the child has had a physical 
 53.27  examination by or under the direction of a licensed physician 
 53.28  within the 12 months immediately preceding the date when the 
 53.29  child came into the agency's care.  If there is documentation 
 53.30  that the child has had an examination within the last 12 months, 
 53.31  the agency is responsible for seeing that the child has another 
 53.32  physical examination within one year of the documented 
 53.33  examination and annually in subsequent years.  If the agency 
 53.34  determines that the child has not had a physical examination 
 53.35  within the 12 months immediately preceding placement, the agency 
 53.36  shall ensure that the child has an examination within 30 days of 
 54.1   coming into the agency's care and once a year in subsequent 
 54.2   years. 
 54.3      Sec. 26.  Minnesota Statutes 2000, section 260C.212, 
 54.4   subdivision 5, is amended to read: 
 54.5      Subd. 5.  [RELATIVE SEARCH; NATURE.] (a) In implementing 
 54.6   the requirement that the responsible social services agency must 
 54.7   consider placement with a relative under subdivision 1 as soon 
 54.8   as possible, but in any event within six months after a child is 
 54.9   initially placed in a residential facility after identifying the 
 54.10  need for placement of the child in foster care, the local 
 54.11  responsible social services agency shall identify any relatives 
 54.12  of the child and notify them of the need for a foster care home 
 54.13  for the child and of the possibility of the need for a permanent 
 54.14  out-of-home placement of the child.  The relative search 
 54.15  required by this section shall be reasonable in scope and may 
 54.16  last up to six months or until a fit and willing relative is 
 54.17  identified.  Relatives should also be notified that a decision 
 54.18  not to be a placement resource at the beginning of the case may 
 54.19  affect the relative being considered for placement of the child 
 54.20  with that relative later.  The relatives must be notified that 
 54.21  they must keep the local responsible social services agency 
 54.22  informed of their current address in order to receive notice 
 54.23  that a permanent placement is being sought for the child.  A 
 54.24  relative who fails to provide a current address to the local 
 54.25  responsible social services agency forfeits the right to notice 
 54.26  of the possibility of permanent placement.  If the child's 
 54.27  parent refuses to give the responsible social services agency 
 54.28  information sufficient to identify relatives of the child, the 
 54.29  agency shall determine whether the parent's refusal is in the 
 54.30  child's best interests.  If the agency determines the parent's 
 54.31  refusal is not in the child's best interests, the agency shall 
 54.32  file a petition under section 260B.141 or 260C.141, and shall 
 54.33  ask the juvenile court to order the parent to provide the 
 54.34  necessary information. 
 54.35     (b) A responsible social services agency may disclose 
 54.36  private or confidential data, as defined in section 13.02, to 
 55.1   relatives of the child for the purpose of locating a suitable 
 55.2   placement.  The agency shall disclose only data that is 
 55.3   necessary to facilitate implementing the preference.  If the 
 55.4   child's parent refuses to give the responsible social services 
 55.5   agency information sufficient to identify relatives of the 
 55.6   child, the agency shall determine whether the parent's refusal 
 55.7   is in the child's best interests.  If the agency determines the 
 55.8   parent's refusal is not in the child's best interests, the 
 55.9   agency shall file a petition under section 260C.141, and shall 
 55.10  ask the juvenile court to order the parent to provide the 
 55.11  necessary information.  If a parent makes an explicit request 
 55.12  that relatives or a specific relative not be contacted or 
 55.13  considered for placement, the agency shall bring the parent's 
 55.14  request to the attention of the court to determine whether the 
 55.15  parent's request is consistent with the best interests of the 
 55.16  child and the agency shall not contact relatives or a specific 
 55.17  relative unless authorized to do so by the juvenile court. 
 55.18     (c) When the placing agency determines that a permanent 
 55.19  placement hearing is necessary because there is a likelihood 
 55.20  that the child will not return to a parent's care, the agency 
 55.21  may send the notice provided in paragraph (d), or may ask the 
 55.22  court to modify the requirements of the agency under section 
 55.23  260C.212, subdivision 5, paragraph (c), or may ask the court to 
 55.24  completely relieve the agency of the requirements of section 
 55.25  260C.212, subdivision 5, paragraph (c).  The court may relieve 
 55.26  the agency of the relative notification requirements of section 
 55.27  260C.212, subdivision 5, paragraph (c), when the child is placed 
 55.28  with an appropriate relative or a foster home that has committed 
 55.29  to being the permanent legal placement for the child and the 
 55.30  agency approves of that foster home for permanent placement of 
 55.31  the child.  The actions ordered by the court under this section 
 55.32  must be consistent with the best interests, safety, and welfare 
 55.33  of the child. 
 55.34     (d) Unless required under the Indian Child Welfare Act or 
 55.35  relieved of this duty by the court because the child is placed 
 55.36  with an appropriate relative who wishes to provide a permanent 
 56.1   home for the child or the child is placed with a foster home 
 56.2   that has committed to being the permanent legal placement for 
 56.3   the child and the responsible social services agency approves of 
 56.4   that foster home for permanent placement of the child, when the 
 56.5   agency determines that it is necessary to prepare for the 
 56.6   permanent placement determination hearing, or in anticipation of 
 56.7   filing a termination of parental rights petition, the agency 
 56.8   shall send notice to the relatives, any adult with whom the 
 56.9   child is currently residing, any adult with whom the child has 
 56.10  resided for one year or longer in the past, and any adults who 
 56.11  have maintained a relationship or exercised visitation with the 
 56.12  child as identified in the agency case plan.  The notice must 
 56.13  state that a permanent home is sought for the child and that the 
 56.14  individuals receiving the notice may indicate to the agency 
 56.15  their interest in providing a permanent home.  The notice must 
 56.16  state that within 30 days of receipt of the notice an individual 
 56.17  receiving the notice must indicate to the agency the 
 56.18  individual's interest in providing a permanent home for the 
 56.19  child or that the individual may lose the opportunity to be 
 56.20  considered for a permanent placement.  This notice need not be 
 56.21  sent if the child is placed with an appropriate relative who 
 56.22  wishes to provide a permanent home for the child.  
 56.23     Sec. 27.  Minnesota Statutes 2000, section 260C.212, 
 56.24  subdivision 7, is amended to read: 
 56.25     Subd. 7.  [SIX-MONTH ADMINISTRATIVE OR COURT REVIEW OF 
 56.26  PLACEMENTS.] (a) There shall be an administrative review of 
 56.27  the case out-of-home placement plan of each child placed in a 
 56.28  residential facility no later than 180 days after the initial 
 56.29  placement of the child in a residential facility and at least 
 56.30  every six months thereafter if the child is not returned to the 
 56.31  home of the parent or parents within that time.  The case 
 56.32  out-of-home placement plan must be monitored and updated at each 
 56.33  administrative review.  As an alternative to the administrative 
 56.34  review, the social services agency responsible for the placement 
 56.35  may bring a petition as provided in section 260C.141, 
 56.36  subdivision 2, to the court for review of the foster care to 
 57.1   determine if placement is in the best interests of the child.  
 57.2   This petition must be brought to the court in order for a court 
 57.3   determination to be made regarding the best interests of the 
 57.4   child within the applicable six months and is not in lieu of the 
 57.5   requirements contained in subdivision 3 or 4.  A court review 
 57.6   conducted pursuant to section 260C.201, subdivision 11, and to a 
 57.7   petition filed under section 260C.141, shall satisfy the 
 57.8   requirement for an administrative review so long as the other 
 57.9   requirements of this section are met.  
 57.10     (b) At the review required under paragraph (a), the 
 57.11  reviewing administrative body or the court shall review: 
 57.12     (1) the safety of the child; 
 57.13     (2) the continuing necessity for and appropriateness of the 
 57.14  placement; 
 57.15     (3) the extent of compliance with the out-of-home placement 
 57.16  plan; 
 57.17     (4) where appropriate, the extent of progress which has 
 57.18  been made toward alleviating or mitigating the causes 
 57.19  necessitating placement in a residential facility; 
 57.20     (5) where appropriate, the projected date by which the 
 57.21  child may be returned to and safely maintained in the home or 
 57.22  placed permanently away from the care of the parent or parents 
 57.23  or guardian; and 
 57.24     (6) the appropriateness of the services provided to the 
 57.25  child. 
 57.26     Sec. 28.  Minnesota Statutes 2000, section 260C.212, 
 57.27  subdivision 8, is amended to read: 
 57.28     Subd. 8.  [REVIEW OF VOLUNTARY PLACEMENTS.] Except as 
 57.29  provided in subdivision 4 for a child in placement due solely to 
 57.30  the child's developmental disability or emotional disturbance, 
 57.31  if the child has been placed in a residential facility pursuant 
 57.32  to a voluntary release by the parent or parents, and is not 
 57.33  returned home within 90 days after initial placement in the 
 57.34  residential facility, the social services agency responsible for 
 57.35  the placement shall: 
 57.36     (1) return the child to the home of the parent or parents; 
 58.1   or 
 58.2      (2) file a petition according to section 260B.141, 
 58.3   subdivision 1, or 260C.141, subdivision 1 or 2, which may: 
 58.4      (i) ask the court to review the placement and approve it 
 58.5   for up to an additional 90 days; 
 58.6      (ii) ask the court to order continued out-of-home placement 
 58.7   according to sections 260B.178, 260C.178, and 260C.201; or 
 58.8      (iii) ask the court to terminate parental rights under 
 58.9   section 260C.301. 
 58.10     The case out-of-home placement plan must be updated when a 
 58.11  petition is filed and must include a specific plan for 
 58.12  permanency, which may include a time line for returning the 
 58.13  child home or a plan for permanent placement of the child away 
 58.14  from the parent, or both and filed along with the petition.  
 58.15     If the court approves continued out-of-home placement for 
 58.16  up to 90 more days, at the end of the court-approved 90-day 
 58.17  period, the child must be returned to the parent's home.  If the 
 58.18  child is not returned home, the responsible social services 
 58.19  agency must proceed on the petition filed alleging the child in 
 58.20  need of protection or services or the petition for termination 
 58.21  of parental rights or other permanent placement of the child 
 58.22  away from the parent.  The court must find a statutory basis to 
 58.23  order the placement of the child under section 260B.178; 
 58.24  260C.178; 260C.201; or 260C.317. 
 58.25     Sec. 29.  Minnesota Statutes 2000, section 260C.212, 
 58.26  subdivision 9, is amended to read: 
 58.27     Subd. 9.  [REVIEW OF DEVELOPMENTALLY DISABLED AND 
 58.28  EMOTIONALLY HANDICAPPED CERTAIN CHILD PLACEMENTS.] (a) If a 
 58.29  developmentally disabled child, as that term is defined in 
 58.30  United States Code, title 42, section 6001(7), as amended 
 58.31  through December 31, 1979, or a child diagnosed with an 
 58.32  emotional handicap as defined in section 252.27, subdivision 1a, 
 58.33  as emotionally disturbed has been placed in a residential 
 58.34  facility pursuant to a voluntary release by the child's parent 
 58.35  or parents because of the child's handicapping conditions or 
 58.36  need for long-term residential treatment or supervision, the 
 59.1   social services agency responsible for the placement 
 59.2   shall report to the court and bring a petition for review of the 
 59.3   child's foster care status, pursuant to section 260C.141, 
 59.4   subdivision 2, after the child has been in placement for six 
 59.5   months. 
 59.6      (b) If a child is in placement due solely to the 
 59.7   child's handicapping condition and developmental disability or 
 59.8   emotional disturbance, and the court finds compelling reasons 
 59.9   not to proceed under section 260C.201, subdivision 11, custody 
 59.10  of the child is not transferred to the responsible social 
 59.11  services agency under section 260C.201, subdivision 1, paragraph 
 59.12  (a), clause (2), and no petition is required by section 
 59.13  260C.201, subdivision 11.  
 59.14     (c) Whenever a petition for review is brought pursuant to 
 59.15  this subdivision, a guardian ad litem shall be appointed for the 
 59.16  child.  
 59.17     Sec. 30.  Minnesota Statutes 2000, section 260C.215, 
 59.18  subdivision 6, is amended to read: 
 59.19     Subd. 6.  [DUTIES OF CHILD-PLACING AGENCIES.] (a) Each 
 59.20  authorized child-placing agency must: 
 59.21     (1) develop and follow procedures for implementing the 
 59.22  requirements of section 260C.193, subdivision 3, and the Indian 
 59.23  Child Welfare Act, United States Code, title 25, sections 1901 
 59.24  to 1923; 
 59.25     (2) have a written plan for recruiting adoptive and foster 
 59.26  families that reflect the ethnic and racial diversity of 
 59.27  children who are in need of foster and adoptive homes.  The plan 
 59.28  must include (i) strategies for using existing resources in 
 59.29  diverse communities, (ii) use of diverse outreach staff wherever 
 59.30  possible, (iii) use of diverse foster homes for placements after 
 59.31  birth and before adoption, and (iv) other techniques as 
 59.32  appropriate; 
 59.33     (3) have a written plan for training adoptive and foster 
 59.34  families; 
 59.35     (4) have a written plan for employing staff in adoption and 
 59.36  foster care who have the capacity to assess the foster and 
 60.1   adoptive parents' ability to understand and validate a child's 
 60.2   cultural needs, and to advance the best interests of the child.  
 60.3   The plan must include staffing goals and objectives; 
 60.4      (5) ensure that adoption and foster care workers attend 
 60.5   training offered or approved by the department of human services 
 60.6   regarding cultural diversity and the needs of special needs 
 60.7   children; and 
 60.8      (6) develop and implement procedures for implementing the 
 60.9   requirements of the Indian Child Welfare Act and the Minnesota 
 60.10  Indian Family Preservation Act. 
 60.11     (b) In implementing the requirement to consider relatives 
 60.12  for placement, an authorized child-placing agency may disclose 
 60.13  private or confidential data, as defined in section 13.02, to 
 60.14  relatives of the child for the purpose of locating a suitable 
 60.15  placement.  The agency shall disclose only data that is 
 60.16  necessary to facilitate implementing the preference.  If a 
 60.17  parent makes an explicit request that the relative preference 
 60.18  not be followed, the agency shall bring the matter to the 
 60.19  attention of the court to determine whether the parent's request 
 60.20  is consistent with the best interests of the child and the 
 60.21  agency shall not contact relatives unless ordered to do so by 
 60.22  the juvenile court; and 
 60.23     (c) In determining the suitability of a proposed placement 
 60.24  of an Indian child, the standards to be applied must be the 
 60.25  prevailing social and cultural standards of the Indian child's 
 60.26  community, and the agency shall defer to tribal judgment as to 
 60.27  suitability of a particular home when the tribe has intervened 
 60.28  pursuant to the Indian Child Welfare Act.  
 60.29     Sec. 31.  Minnesota Statutes 2000, section 260C.301, 
 60.30  subdivision 1, is amended to read: 
 60.31     Subdivision 1.  [VOLUNTARY AND INVOLUNTARY.] The juvenile 
 60.32  court may upon petition, terminate all rights of a parent to a 
 60.33  child: 
 60.34     (a) with the written consent of a parent who for good cause 
 60.35  desires to terminate parental rights; or 
 60.36     (b) if it finds that one or more of the following 
 61.1   conditions exist: 
 61.2      (1) that the parent has abandoned the child; 
 61.3      (2) that the parent has substantially, continuously, or 
 61.4   repeatedly refused or neglected to comply with the duties 
 61.5   imposed upon that parent by the parent and child relationship, 
 61.6   including but not limited to providing the child with necessary 
 61.7   food, clothing, shelter, education, and other care and control 
 61.8   necessary for the child's physical, mental, or emotional health 
 61.9   and development, if the parent is physically and financially 
 61.10  able, and either reasonable efforts by the social services 
 61.11  agency have failed to correct the conditions that formed the 
 61.12  basis of the petition or reasonable efforts would be futile and 
 61.13  therefore unreasonable; 
 61.14     (3) that a parent has been ordered to contribute to the 
 61.15  support of the child or financially aid in the child's birth and 
 61.16  has continuously failed to do so without good cause.  This 
 61.17  clause shall not be construed to state a grounds for termination 
 61.18  of parental rights of a noncustodial parent if that parent has 
 61.19  not been ordered to or cannot financially contribute to the 
 61.20  support of the child or aid in the child's birth; 
 61.21     (4) that a parent is palpably unfit to be a party to the 
 61.22  parent and child relationship because of a consistent pattern of 
 61.23  specific conduct before the child or of specific conditions 
 61.24  directly relating to the parent and child relationship either of 
 61.25  which are determined by the court to be of a duration or nature 
 61.26  that renders the parent unable, for the reasonably foreseeable 
 61.27  future, to care appropriately for the ongoing physical, mental, 
 61.28  or emotional needs of the child.  It is presumed that a parent 
 61.29  is palpably unfit to be a party to the parent and child 
 61.30  relationship upon a showing that the parent's parental rights to 
 61.31  one or more other children were involuntarily terminated; 
 61.32     (5) that following the child's placement out of the home, 
 61.33  reasonable efforts, under the direction of the court, have 
 61.34  failed to correct the conditions leading to the child's 
 61.35  placement.  It is presumed that reasonable efforts under this 
 61.36  clause have failed upon a showing that: 
 62.1      (i) a child has resided out of the parental home under 
 62.2   court order for a cumulative period of 12 months within the 
 62.3   preceding 22 months.  In the case of a child under age eight at 
 62.4   the time the petition was filed alleging the child to be in need 
 62.5   of protection or services, the presumption arises when the child 
 62.6   has resided out of the parental home under court order for six 
 62.7   months unless the parent has maintained regular contact with the 
 62.8   child and the parent is complying with the case out-of-home 
 62.9   placement plan; 
 62.10     (ii) the court has approved a case the out-of-home 
 62.11  placement plan required under section 260C.212 and filed with 
 62.12  the court under section 260C.178; 
 62.13     (iii) conditions leading to the out-of-home placement have 
 62.14  not been corrected.  It is presumed that conditions leading to a 
 62.15  child's out-of-home placement have not been corrected upon a 
 62.16  showing that the parent or parents have not substantially 
 62.17  complied with the court's orders and a reasonable case plan; and 
 62.18     (iv) reasonable efforts have been made by the social 
 62.19  services agency to rehabilitate the parent and reunite the 
 62.20  family. 
 62.21     This clause does not prohibit the termination of parental 
 62.22  rights prior to one year, or in the case of a child under age 
 62.23  eight, within prior to six months after a child has been placed 
 62.24  out of the home. 
 62.25     It is also presumed that reasonable efforts have failed 
 62.26  under this clause upon a showing that: 
 62.27     (A) the parent has been diagnosed as chemically dependent 
 62.28  by a professional certified to make the diagnosis; 
 62.29     (B) the parent has been required by a case plan to 
 62.30  participate in a chemical dependency treatment program; 
 62.31     (C) the treatment programs offered to the parent were 
 62.32  culturally, linguistically, and clinically appropriate; 
 62.33     (D) the parent has either failed two or more times to 
 62.34  successfully complete a treatment program or has refused at two 
 62.35  or more separate meetings with a caseworker to participate in a 
 62.36  treatment program; and 
 63.1      (E) the parent continues to abuse chemicals.  
 63.2      (6) that a child has experienced egregious harm in the 
 63.3   parent's care which is of a nature, duration, or chronicity that 
 63.4   indicates a lack of regard for the child's well-being, such that 
 63.5   a reasonable person would believe it contrary to the best 
 63.6   interest of the child or of any child to be in the parent's 
 63.7   care; 
 63.8      (7) that in the case of a child born to a mother who was 
 63.9   not married to the child's father when the child was conceived 
 63.10  nor when the child was born the person is not entitled to notice 
 63.11  of an adoption hearing under section 259.49 and the person has 
 63.12  not registered with the fathers' adoption registry under section 
 63.13  259.52; 
 63.14     (8) that the child is neglected and in foster care; or 
 63.15     (9) that the parent has been convicted of a crime listed in 
 63.16  section 260.012, paragraph (b), clauses (1) to (3). 
 63.17     In an action involving an American Indian child, sections 
 63.18  260.751 to 260.835 and the Indian Child Welfare Act, United 
 63.19  States Code, title 25, sections 1901 to 1923, control to the 
 63.20  extent that the provisions of this section are inconsistent with 
 63.21  those laws.  
 63.22     Sec. 32.  Minnesota Statutes 2000, section 260C.301, 
 63.23  subdivision 4, is amended to read: 
 63.24     Subd. 4.  [CURRENT FOSTER CARE CHILDREN.] Except for cases 
 63.25  where the child is in placement due solely to the child's status 
 63.26  as developmentally delayed under United States Code, title 42, 
 63.27  section 6001(7), developmental disability or emotionally 
 63.28  handicapped under section 252.27, and emotional disturbance, 
 63.29  where custody has not been transferred to the responsible social 
 63.30  services agency and the court finds compelling reasons to 
 63.31  continue placement, the county attorney shall file a termination 
 63.32  of parental rights petition or a petition to support another 
 63.33  permanent placement proceeding transfer permanent legal and 
 63.34  physical custody to a relative under section 260C.201, 
 63.35  subdivision 11, for all children who are placed in out-of-home 
 63.36  care for reasons other than care or treatment of the child's 
 64.1   disability, and who are in out-of-home placement on April 21, 
 64.2   1998, and have been in out-of-home care for 15 of the most 
 64.3   recent 22 months.  This requirement does not apply if there is a 
 64.4   compelling reason documented in a case plan filed with approved 
 64.5   by the court for determining that filing a termination of 
 64.6   parental rights petition or other permanency petition would not 
 64.7   be in the best interests of the child or if the responsible 
 64.8   social services agency has not provided reasonable efforts 
 64.9   necessary for the safe return of the child, if reasonable 
 64.10  efforts are required.  
 64.11     Sec. 33.  Minnesota Statutes 2000, section 260C.301, 
 64.12  subdivision 8, is amended to read: 
 64.13     Subd. 8.  [FINDINGS REGARDING REASONABLE EFFORTS.] In any 
 64.14  proceeding under this section, the court shall make specific 
 64.15  findings: 
 64.16     (1) that reasonable efforts to prevent the placement and to 
 64.17  reunify the child and the parent were made including 
 64.18  individualized and explicit findings regarding the nature and 
 64.19  extent of efforts made by the social services agency to 
 64.20  rehabilitate the parent and reunite the family; or 
 64.21     (2) that reasonable efforts at reunification are not 
 64.22  required as provided under section 260.012. 
 64.23     Sec. 34.  Minnesota Statutes 2000, section 260C.312, is 
 64.24  amended to read: 
 64.25     260C.312 [DISPOSITION; PARENTAL RIGHTS NOT TERMINATED.] 
 64.26     (a) If, after a hearing, the court does not terminate 
 64.27  parental rights but determines that the child is in need of 
 64.28  protection or services, or that the child is neglected and in 
 64.29  foster care, the court may find the child is in need of 
 64.30  protection or services or neglected and in foster care and may 
 64.31  enter an order in accordance with the provisions of section 
 64.32  260C.201. 
 64.33     (b) When a child has been in placement 15 of the last 22 
 64.34  months after a trial on a termination of parental rights 
 64.35  petition, if the court finds that the petition is not proven or 
 64.36  that termination of parental rights is not in the child's best 
 65.1   interests, the court must order the child returned to the care 
 65.2   of the parent unless the court finds compelling reasons why the 
 65.3   child should remain out of the care of the parent.  If the court 
 65.4   orders the child returned to the care of the parent, the court 
 65.5   may order protective supervision or monitoring under section 
 65.6   260C.201. 
 65.7      Sec. 35.  Minnesota Statutes 2000, section 260C.317, 
 65.8   subdivision 3, is amended to read: 
 65.9      Subd. 3.  [ORDER; RETENTION OF JURISDICTION.] (a) A 
 65.10  certified copy of the findings and the order terminating 
 65.11  parental rights, and a summary of the court's information 
 65.12  concerning the child shall be furnished by the court to the 
 65.13  commissioner or the agency to which guardianship is 
 65.14  transferred.  The orders shall be on a document separate from 
 65.15  the findings.  The court shall furnish the individual to whom 
 65.16  guardianship is transferred a copy of the order terminating 
 65.17  parental rights. 
 65.18     (b) The court shall retain jurisdiction in a case where 
 65.19  adoption is the intended permanent placement disposition.  The 
 65.20  guardian ad litem and counsel for the child shall continue on 
 65.21  the case until an adoption decree is entered.  A hearing must be 
 65.22  held every 90 days following termination of parental rights for 
 65.23  the court to review progress toward an adoptive placement and 
 65.24  the specific recruitment efforts the agency has taken to find an 
 65.25  adoptive family or other placement living arrangement for the 
 65.26  child and to finalize the adoption or other permanency plan. 
 65.27     (c) When adoption is not the intended permanent 
 65.28  disposition, and if the child continues in foster care for 12 
 65.29  months after the court has issued the order terminating parental 
 65.30  rights and at least every 12 months thereafter as long as the 
 65.31  child continues in foster care, the court shall conduct a 
 65.32  permanency review hearing to determine the future status of the 
 65.33  child including, but not limited to, whether the child should be 
 65.34  continued in foster care, should be placed for adoption, or 
 65.35  should, because of the child's special needs and for compelling 
 65.36  reasons, be ordered into long-term foster care. 
 66.1      (d) The court shall retain jurisdiction in a case where 
 66.2   long-term foster care is the permanent disposition whether under 
 66.3   paragraph (c) or section 260C.201, subdivision 11.  The guardian 
 66.4   ad litem and counsel for the child must be dismissed from the 
 66.5   case on the effective date of the permanent placement order.  
 66.6   However, the foster parent and the child, if of sufficient age, 
 66.7   must be informed how they may contact a guardian ad litem if the 
 66.8   matter is subsequently returned to court.  A guardian ad litem 
 66.9   shall continue on the case until the matter is dismissed from 
 66.10  court jurisdiction.  All of the review requirements under 
 66.11  section 260C.201, subdivision 11, paragraph (g), apply.  
 66.12     Sec. 36.  Minnesota Statutes 2000, section 260C.325, 
 66.13  subdivision 4, is amended to read: 
 66.14     Subd. 4.  [GUARDIAN'S RESPONSIBILITIES.] (a) A guardian 
 66.15  appointed under the provisions of this section has legal custody 
 66.16  of a ward unless the court which appoints the guardian gives 
 66.17  legal custody to some other person.  If the court awards custody 
 66.18  to a person other than the guardian, the guardian nonetheless 
 66.19  has the right and responsibility of reasonable visitation, 
 66.20  except as limited by court order.  
 66.21     (b) The guardian may make major decisions affecting the 
 66.22  person of the ward, including but not limited to giving consent 
 66.23  (when consent is legally required) to the marriage, enlistment 
 66.24  in the armed forces, medical, surgical, or psychiatric 
 66.25  treatment, or adoption of the ward.  When, pursuant to this 
 66.26  section, the commissioner of human services is appointed 
 66.27  guardian, the commissioner may delegate to the local responsible 
 66.28  social services agency of the county in which, after the 
 66.29  appointment, the ward resides, the authority to act for the 
 66.30  commissioner in decisions affecting the person of the ward, 
 66.31  including but not limited to giving consent to the marriage, 
 66.32  enlistment in the armed forces, medical, surgical, or 
 66.33  psychiatric treatment of the ward. 
 66.34     (c) A guardianship created under the provisions of this 
 66.35  section shall not of itself include the guardianship of the 
 66.36  estate of the ward.  
 67.1      (d) If the ward is in foster care, the court shall, upon 
 67.2   its own motion or that of the guardian, conduct a dispositional 
 67.3   hearing within 18 months of the child's initial foster care 
 67.4   placement and once every 12 months thereafter to determine the 
 67.5   future status of the ward including, but not limited to, whether 
 67.6   the child should be continued in foster care for a specified 
 67.7   period, should be placed for adoption, or should, because of the 
 67.8   child's special needs or circumstances, be continued in foster 
 67.9   care on a long-term basis.  
 67.10     Sec. 37.  [REPEALER.] 
 67.11     Minnesota Statutes 2000, sections 256E.06, subdivision 2b; 
 67.12  260C.325, subdivision 2; and 626.5565, are repealed. 
 67.13     Sec. 38.  [INSTRUCTION TO REVISOR.] 
 67.14     (a) The revisor of statutes shall change the term "local 
 67.15  social services agency" to "responsible social services agency" 
 67.16  in Minnesota Statutes, chapter 260C. 
 67.17     (b) The revisor of statutes shall renumber definitions 
 67.18  under section 260C.007 and change affected cross-references 
 67.19  accordingly.