Engrossments
Introduction		Posted on 02/01/2012
1st Engrossment		Posted on 02/23/2012
2nd Engrossment		Posted on 03/12/2012
3rd Engrossment		Posted on 03/23/2012
4th Engrossment		Posted on 04/20/2012

Unofficial Engrossments
1st Unofficial Engrossment		Posted on 04/02/2012

Section 1.

Minnesota Statutes 2010, section 13.46, subdivision 2, is amended to read:

Subd. 2.

General.

(a) Unless the data is summary data or a statute specifically
provides a different classification, data on individuals collected, maintained, used, or
disseminated by the welfare system is private data on individuals, and shall not be
disclosed except:

(1) according to section 13.05;

(2) according to court order;

(3) according to a statute specifically authorizing access to the private data;

(4) to an agent of the welfare system, including a law enforcement person, attorney,
or investigator acting for it in the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;

(5) to personnel of the welfare system who require the data to verify an individual's
identity; determine eligibility, amount of assistance, and the need to provide services to
an individual or family across programs; evaluate the effectiveness of programs; assess
parental contribution amounts; and investigate suspected fraud;

(6) to administer federal funds or programs;

(7) between personnel of the welfare system working in the same program;

(8) to the Department of Revenue to assess parental contribution amounts for
purposes of section 252.27, subdivision 2a, administer and evaluate tax refund or tax credit
programs and to identify individuals who may benefit from these programs. The following
information may be disclosed under this paragraph: an individual's and their dependent's
names, dates of birth, Social Security numbers, income, addresses, and other data as
required, upon request by the Department of Revenue. Disclosures by the commissioner
of revenue to the commissioner of human services for the purposes described in this clause
are governed by section 270B.14, subdivision 1. Tax refund or tax credit programs include,
but are not limited to, the dependent care credit under section 290.067, the Minnesota
working family credit under section 290.0671, the property tax refund and rental credit
under section 290A.04, and the Minnesota education credit under section 290.0674;

(9) between the Department of Human Services, the Department of Employment
and Economic Development, and when applicable, the Department of Education, for
the following purposes:

(i) to monitor the eligibility of the data subject for unemployment benefits, for any
employment or training program administered, supervised, or certified by that agency;

(ii) to administer any rehabilitation program or child care assistance program,
whether alone or in conjunction with the welfare system;

(iii) to monitor and evaluate the Minnesota family investment program or the child
care assistance program by exchanging data on recipients and former recipients of food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L; and

(iv) to analyze public assistance employment services and program utilization,
cost, effectiveness, and outcomes as implemented under the authority established in Title
II, Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of
1999. Health records governed by sections 144.291 to 144.298 and "protected health
information" as defined in Code of Federal Regulations, title 45, section 160.103, and
governed by Code of Federal Regulations, title 45, parts 160-164, including health care
claims utilization information, must not be exchanged under this clause;

(10) to appropriate parties in connection with an emergency if knowledge of
the information is necessary to protect the health or safety of the individual or other
individuals or persons;

(11) data maintained by residential programs as defined in section 245A.02 may
be disclosed to the protection and advocacy system established in this state according
to Part C of Public Law 98-527 to protect the legal and human rights of persons with
developmental disabilities or other related conditions who live in residential facilities for
these persons if the protection and advocacy system receives a complaint by or on behalf
of that person and the person does not have a legal guardian or the state or a designee of
the state is the legal guardian of the person;

(12) to the county medical examiner or the county coroner for identifying or locating
relatives or friends of a deceased person;

(13) data on a child support obligor who makes payments to the public agency
may be disclosed to the Minnesota Office of Higher Education to the extent necessary to
determine eligibility under section 136A.121, subdivision 2, clause (5);

(14) participant Social Security numbers and names collected by the telephone
assistance program may be disclosed to the Department of Revenue to conduct an
electronic data match with the property tax refund database to determine eligibility under
section 237.70, subdivision 4a;

(15) the current address of a Minnesota family investment program participant
may be disclosed to law enforcement officers who provide the name of the participant
and notify the agency that:

(i) the participant:

(A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or

(B) is violating a condition of probation or parole imposed under state or federal law;

(ii) the location or apprehension of the felon is within the law enforcement officer's
official duties; and

(iii) the request is made in writing and in the proper exercise of those duties;

(16) the current address of a recipient of general assistance or general assistance
medical care may be disclosed to probation officers and corrections agents who are
supervising the recipient and to law enforcement officers who are investigating the
recipient in connection with a felony level offense;

(17) information obtained from food support applicant or recipient households may
be disclosed to local, state, or federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the Food Stamp Act, according
to Code of Federal Regulations, title 7, section 272.1 (c);

(18) the address, Social Security number, and, if available, photograph of any
member of a household receiving food support shall be made available, on request, to a
local, state, or federal law enforcement officer if the officer furnishes the agency with the
name of the member and notifies the agency that:

(i) the member:

(A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;

(B) is violating a condition of probation or parole imposed under state or federal
law; or

(C) has information that is necessary for the officer to conduct an official duty related
to conduct described in subitem (A) or (B);

(ii) locating or apprehending the member is within the officer's official duties; and

(iii) the request is made in writing and in the proper exercise of the officer's official
duty;

(19) the current address of a recipient of Minnesota family investment program,
general assistance, general assistance medical care, or food support may be disclosed to
law enforcement officers who, in writing, provide the name of the recipient and notify the
agency that the recipient is a person required to register under section 243.166, but is not
residing at the address at which the recipient is registered under section 243.166;

(20) certain information regarding child support obligors who are in arrears may be
made public according to section 518A.74;

(21) data on child support payments made by a child support obligor and data on
the distribution of those payments excluding identifying information on obligees may be
disclosed to all obligees to whom the obligor owes support, and data on the enforcement
actions undertaken by the public authority, the status of those actions, and data on the
income of the obligor or obligee may be disclosed to the other party;

(22) data in the work reporting system may be disclosed under section 256.998,
subdivision 7;

(23) to the Department of Education for the purpose of matching Department of
Education student data with public assistance data to determine students eligible for free
and reduced-price meals, meal supplements, and free milk according to United States
Code, title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and
state funds that are distributed based on income of the student's family; and to verify
receipt of energy assistance for the telephone assistance plan;

(24) the current address and telephone number of program recipients and emergency
contacts may be released to the commissioner of health or a local board of health as
defined in section 145A.02, subdivision 2, when the commissioner or local board of health
has reason to believe that a program recipient is a disease case, carrier, suspect case, or at
risk of illness, and the data are necessary to locate the person;

(25) to other state agencies, statewide systems, and political subdivisions of this
state, including the attorney general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by federal regulation or law for
the administration of the child support enforcement program;

(26) to personnel of public assistance programs as defined in section 256.741, for
access to the child support system database for the purpose of administration, including
monitoring and evaluation of those public assistance programs;

(27) to monitor and evaluate the Minnesota family investment program by
exchanging data between the Departments of Human Services and Education, on
recipients and former recipients of food support, cash assistance under chapter 256, 256D,
256J, or 256K, child care assistance under chapter 119B, or medical programs under
chapter 256B, 256D, or 256L;

(28) to evaluate child support program performance and to identify and prevent
fraud in the child support program by exchanging data between the Department of Human
Services, Department of Revenue under section 270B.14, subdivision 1, paragraphs (a)
and (b), without regard to the limitation of use in paragraph (c), Department of Health,
Department of Employment and Economic Development, and other state agencies as is
reasonably necessary to perform these functions;

(29) counties operating child care assistance programs under chapter 119B may
disseminate data on program participants, applicants, and providers to the commissioner
of education; or

(30) child support data deleted text begin on the parents and the childdeleted text end may be disclosed to agencies
administering programs under titles IV-B and IV-E of the Social Security Act, as provided
by federal law. deleted text begin Data may be disclosed only to the extent necessary for the purpose of
establishing parentage or for determining who has or may have parental rights with respect
to a child, which could be related to permanency planning.
deleted text end

(b) Information on persons who have been treated for drug or alcohol abuse may
only be disclosed according to the requirements of Code of Federal Regulations, title
42, sections 2.1 to 2.67.

(c) Data provided to law enforcement agencies under paragraph (a), clause (15),
(16), (17), or (18), or paragraph (b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are private after the investigation
becomes inactive under section 13.82, subdivision 5, paragraph (a) or (b).

(d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but is
not subject to the access provisions of subdivision 10, paragraph (b).

For the purposes of this subdivision, a request will be deemed to be made in writing
if made through a computer interface system.

Sec. 2.

Minnesota Statutes 2010, section 13.461, subdivision 17, is amended to read:

Subd. 17.

Maltreatment review panels.

Data of the vulnerable adult maltreatment
review panel deleted text begin or the child maltreatment review paneldeleted text end are classified under section 256.021
deleted text begin or 256.022deleted text end .

Sec. 3.

Minnesota Statutes 2010, section 13.465, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Adoptive parent. new text end

new text begin Certain data that may be disclosed to a prospective
adoptive parent is governed by section 260C.613, subdivision 2.
new text end

Sec. 4.

Minnesota Statutes 2010, section 145.902, subdivision 1, is amended to read:

Subdivision 1.

General.

(a) new text begin For purposes of this section, a "safe place" means a
hospital licensed under sections 144.50 to 144.56, a healthcare provider that provides
access to urgent care services, or a sheriff's department.
new text end

new text begin (b)new text end A deleted text begin hospital licensed under sections 144.50 to 144.56deleted text end new text begin safe place new text end shall receive a
newborn left with deleted text begin a hospitaldeleted text end new text begin annew text end employee on the deleted text begin hospitaldeleted text end premises new text begin of the safe placenew text end ,
provided that:

(1) the newborn was born within deleted text begin 72 hoursdeleted text end new text begin seven daysnew text end of being left at the deleted text begin hospitaldeleted text end new text begin
safe placenew text end , as determined within a reasonable degree of medical certainty; and

(2) the newborn is left in an unharmed condition.

deleted text begin (b)deleted text end new text begin (c) During its hours of operation, new text end the deleted text begin hospitaldeleted text end new text begin safe place new text end must not inquire as to
the identity of the mother or the person leaving the newborn or call the police, provided
the newborn is unharmed when presented deleted text begin to the hospitaldeleted text end . new text begin During its hours of operation,
new text end the deleted text begin hospitaldeleted text end new text begin safe placenew text end may ask the mother or the person leaving the newborn about
the medical history of the mother or newborn but the mother or the person leaving the
newborn is not required to provide any information. new text begin During its hours of operation, new text end the
deleted text begin hospitaldeleted text end new text begin safe placenew text end may provide the mother or the person leaving the newborn with
information about how to contact relevant social service agencies.

Sec. 5.

Minnesota Statutes 2010, section 145.902, subdivision 2, is amended to read:

Subd. 2.

Reporting.

Within 24 hours of receiving a newborn under this section,
the deleted text begin hospitaldeleted text end new text begin safe place new text end must inform the local welfare agency that a newborn has been left
at the deleted text begin hospitaldeleted text end new text begin safe placenew text end , but must not do so before the mother or the person leaving
the newborn leaves the hospital.

Sec. 6.

Minnesota Statutes 2010, section 145.902, subdivision 3, is amended to read:

Subd. 3.

Immunity.

(a) A hospital with responsibility for performing duties under
this section, and any employee, doctor, or other medical professional working at the
deleted text begin hospitaldeleted text end new text begin safe placenew text end , are immune from any criminal liability that otherwise might result
from their actions, if they are acting in good faith in receiving a newborn, and are immune
from any civil liability that otherwise might result from merely receiving a newborn.

(b) A deleted text begin hospitaldeleted text end new text begin safe place new text end performing duties under this section, or an employee,
doctor, or other medical professional working at the hospital who is a mandated reporter
under section 626.556, is immune from any criminal or civil liability that otherwise might
result from the failure to make a report under that section if the person is acting in good
faith in complying with this section.

Sec. 7.

Minnesota Statutes 2010, section 256.998, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Date of hiring" means the earlier of: (1) the first day for which an employee is
owed compensation by an employer; or (2) the first day that an employee reports to work
or performs labor or services for an employer.

(c) "Earnings" means payment owed by an employer for labor or services rendered
by an employee.

(d) "Employee" means a person who resides or works in Minnesota, performs
services for compensation, in whatever form, for an employer and satisfies the criteria of
an employee under chapter 24 of the Internal Revenue Code. Employee does not include:

(1) persons hired for domestic service in the private home of the employer, as
defined in the Federal Tax Code; or

(2) an employee of the federal or state agency performing intelligence or
counterintelligence functions, if the head of such agency has determined that reporting
according to this law would endanger the safety of the employee or compromise an
ongoing investigation or intelligence mission.

(e) "Employer" means a person or entity located or doing business in this state that
employs one or more employees for payment, and satisfies the criteria of an employer
under chapter 24 of the Internal Revenue Code. Employer includes a labor organization as
defined in paragraph (g). Employer also includes the state, political or other governmental
subdivisions of the state, and the federal government.

(f) "Hiring" means engaging a person to perform services for compensation and
includes the reemploying or return to work of any previous employee who was laid off,
furloughed, separated, granted a leave without pay, or terminated from employment when
a period of deleted text begin 90deleted text end new text begin 60new text end days elapses from the date of layoff, furlough, separation, leave, or
termination to the date of the person's return to work.

(g) "Labor organization" means entities located or doing business in this state that
meet the criteria of labor organization under section 2(5) of the National Labor Relations
Act. This includes any entity, that may also be known as a hiring hall, used to carry out
requirements described in chapter 7 of the National Labor Relations Act.

(h) "Payor" means a person or entity located or doing business in Minnesota who
pays money to an independent contractor according to an agreement for the performance
of services.

Sec. 8.

Minnesota Statutes 2010, section 256.998, subdivision 5, is amended to read:

Subd. 5.

Report contents.

Reports required under this section must containdeleted text begin :deleted text end new text begin all
the information required by federal law.
new text end

deleted text begin (1) the employee's name, address, Social Security number, and date of birth when
available, which can be handwritten or otherwise added to the W-4 form, W-9 form, or
other document submitted; and
deleted text end

deleted text begin (2) the employer's name, address, and federal identification number.
deleted text end

Sec. 9.

Minnesota Statutes 2010, section 256J.24, subdivision 5, is amended to read:

Subd. 5.

MFIP transitional standard.

The MFIP transitional standard is based
on the number of persons in the assistance unit eligible for both food and cash assistance
unless the restrictions in subdivision 6 on the birth of a child apply. deleted text begin The following table
represents the transitional standards including a breakdown of the cash and food portions
effective October 1, 2009.
deleted text end

Number of Eligible People

Transitional Standard

Cash Portion

Food Portion

deleted text begin 1 deleted text end	deleted text begin $428: deleted text end	deleted text begin $250 deleted text end	deleted text begin $178 deleted text end
deleted text begin 2 deleted text end	deleted text begin $764: deleted text end	deleted text begin $437 deleted text end	deleted text begin $327 deleted text end
deleted text begin 3 deleted text end	deleted text begin $1,005: deleted text end	deleted text begin $532 deleted text end	deleted text begin $473 deleted text end
deleted text begin 4 deleted text end	deleted text begin $1,222: deleted text end	deleted text begin $621 deleted text end	deleted text begin $601 deleted text end
deleted text begin 5 deleted text end	deleted text begin $1,399: deleted text end	deleted text begin $697 deleted text end	deleted text begin $702 deleted text end
deleted text begin 6 deleted text end	deleted text begin $1,608: deleted text end	deleted text begin $773 deleted text end	deleted text begin $835 deleted text end
deleted text begin 7 deleted text end	deleted text begin $1,754: deleted text end	deleted text begin $850 deleted text end	deleted text begin $904 deleted text end
deleted text begin 8 deleted text end	deleted text begin $1,940: deleted text end	deleted text begin $916 deleted text end	deleted text begin $1,024 deleted text end
deleted text begin 9 deleted text end	deleted text begin $2,125: deleted text end	deleted text begin $980 deleted text end	deleted text begin $1,145 deleted text end
deleted text begin 10 deleted text end	deleted text begin $2,304: deleted text end	deleted text begin $1,035 deleted text end	deleted text begin $1,269 deleted text end
deleted text begin over 10 deleted text end	deleted text begin add $178: deleted text end	deleted text begin $53 deleted text end	deleted text begin $125 deleted text end
deleted text begin per additional member. deleted text end

new text begin The amount of the transitional standard is published annually by the Department of
Human Services.
new text end

Sec. 10.

Minnesota Statutes 2010, section 259.22, subdivision 2, is amended to read:

Subd. 2.

Persons who may be adopted.

No petition for adoption shall be filed
unless the person sought to be adopted has been placed by deleted text begin the commissioner of human
services, the commissioner's agent, ordeleted text end a licensed child-placing agency. The provisions of
this subdivision shall not apply if:

(1) the person to be adopted is over 14 years of age;

(2) the child is sought to be adopted by an individual who is related to the child, as
defined by section 245A.02, subdivision 13;

(3) the child has been lawfully placed under the laws of another state while the child
and petitioner resided in that other state;

(4) the court waives the requirement of this subdivision in the best interests of the
child or petitioners, provided that the adoption does not involve a placement as defined in
section 259.21, subdivision 8; or

(5) the child has been lawfully placed under section 259.47.

Sec. 11.

Minnesota Statutes 2010, section 259.23, subdivision 1, is amended to read:

Subdivision 1.

Venue.

(a) deleted text begin Except as provided in section 260C.101, subdivision 2,deleted text end
The juvenile court shall have original jurisdiction in all adoption proceedings. The proper
venue for an adoption proceeding shall be the county of the petitioner's residence, except
as provided in deleted text begin paragraph (b)deleted text end new text begin section 260C.621, subdivision 2, for the adoption of children
under the guardianship of the commissionernew text end .

deleted text begin (b) Venue for the adoption of a child committed to the guardianship of the
commissioner of human services shall be the county with jurisdiction in the matter
according to section 260C.317, subdivision 3.
deleted text end

deleted text begin (c) Upon request of the petitioner, the court having jurisdiction over the matter under
section 260C.317, subdivision 3, may transfer venue of an adoption proceeding involving
a child under the guardianship of the commissioner to the county of the petitioner's
residence upon determining that:
deleted text end

deleted text begin (1) the commissioner has given consent to the petitioner's adoption of the child
or that consent is unreasonably withheld;
deleted text end

deleted text begin (2) there is no other adoption petition for the child that has been filed or is reasonably
anticipated by the commissioner or the commissioner's delegate to be filed; and
deleted text end

deleted text begin (3) transfer of venue is in the best interests of the child.
deleted text end

Transfer of venue under this paragraph shall be according to the rules of adoption court
procedure.

deleted text begin (d)deleted text end new text begin (b)new text end In all deleted text begin otherdeleted text end adoptionsnew text begin under this chapternew text end , if the petitioner has acquired a new
residence in another county and requests a transfer of the adoption proceeding, the court in
which an adoption is initiated may transfer the proceeding to the appropriate court in the
new county of residence if the transfer is in the best interests of the person to be adopted.
The court transfers the proceeding by ordering a continuance and by forwarding to the
court administrator of the appropriate court a certified copy of all papers filed, together
with an order of transfer. The transferring court also shall forward copies of the order
of transfer to the commissioner of human services and any agency participating in the
proceedings. The judge of the receiving court shall accept the order of the transfer and any
other documents transmitted and hear the case; provided, however, the receiving court
may in its discretion require the filing of a new petition prior to the hearing.

Sec. 12.

Minnesota Statutes 2010, section 259.24, subdivision 1, is amended to read:

Subdivision 1.

Exceptions.

new text begin (a) new text end No child shall be adopted without the consent of the
child's parents and the child's guardian, if there be one, except deleted text begin in the following instancesdeleted text end new text begin
consent is not required of a parentnew text end :

deleted text begin (a) Consent shall not be required of a parentdeleted text end new text begin (1) who is new text end not entitled to notice of the
proceedingsdeleted text begin .deleted text end new text begin ;
new text end

deleted text begin (b) Consent shall not be required of a parentdeleted text end new text begin (2) new text end who has abandoned the childdeleted text begin , or
of a parent who has lost custody of the child through a divorce decree or a decree of
dissolution,deleted text end and upon whom notice has been served as required by section 259.49deleted text begin .deleted text end new text begin ; or
new text end

deleted text begin (c) Consent shall not be required of a parentdeleted text end new text begin (3)new text end whose parental rights to the child
have been terminated by a juvenile court or who has lost custody of a child through a final
commitment of the juvenile court or through a decree in a prior adoption proceeding.

deleted text begin (d) If there be no parent or guardian qualified to consent to the adoption, the
consent shall be given by the commissioner. After the court accepts a parent's consent
to the adoption under section 260C.201, subdivision 11, consent by the commissioner
or commissioner's delegate is also necessary. Agreement to the identified prospective
adoptive parent by the responsible social services agency under section 260C.201,
subdivision 11, does not constitute the required consent.
deleted text end

deleted text begin (e)deleted text end new text begin (b) If there is no parent or guardian qualified to consent to the adoption,new text end the
deleted text begin commissioner ordeleted text end agency having authority to place a child for adoption pursuant to section
259.25, subdivision 1, shall have the exclusive right to consent to the adoption of deleted text begin suchdeleted text end new text begin thenew text end
child. The deleted text begin commissioner ordeleted text end agency shall make every effort to place siblings together for
adoption. deleted text begin Notwithstanding any rule to the contrary, the commissioner may delegate the
right to consent to the adoption or separation of siblings, if it is in the child's best interest,
to a local social services agency.
deleted text end

Sec. 13.

Minnesota Statutes 2010, section 259.24, subdivision 3, is amended to read:

Subd. 3.

Child.

When the child to be adopted is over 14 years of age, the child's
written consent to adoption by a particular person is also necessary. deleted text begin A child of any age
who is under the guardianship of the commissioner and is legally available for adoption
may not refuse or waive the commissioner's agent's exhaustive efforts to recruit, identify,
and place the child in an adoptive home required under section 260C.317, subdivision
3, paragraph (b), or sign a document relieving county social services agencies of all
recruitment efforts on the child's behalf.
deleted text end

Sec. 14.

Minnesota Statutes 2010, section 259.24, subdivision 5, is amended to read:

Subd. 5.

Execution.

All consents to an adoption shall be in writing, executed
before two competent witnesses, and acknowledged by the consenting party. deleted text begin In addition,
all consents to an adoption, except those by the commissioner, the commissioner's agent,
a licensed child-placing agency, an adult adoptee, or the child's parent in a petition for
adoption by a stepparent, shall be executed before a representative of the commissioner,
the commissioner's agent, or a licensed child-placing agency.deleted text end All consents by a parentnew text begin
to adoption under this chapternew text end :

(1) shall contain notice to the parent of the substance of subdivision 6a, providing
for the right to withdraw consent unless the parent will not have the right to withdraw
consent deleted text begin because consent was executed under section 260C.201, subdivision 11, following
proper notice that consent given under that provision is irrevocable upon acceptance by
the court as provided in subdivision 6adeleted text end ; and

(2) shall contain the following written notice in all capital letters at least one-eighth
inch high:

"deleted text begin Thisdeleted text end new text begin Thenew text end agencynew text begin responsible for supervising the adoptive placement of the childnew text end
will submit your consent to adoption to the court. new text begin If you are consenting to adoption by
the child's stepparent, the consent will be submitted to the court by the petitioner in your
child's adoption.new text end The consent itself does not terminate your parental rights. Parental rights
to a child may be terminated only by an adoption decree or by a court order terminating
parental rights. Unless the child is adopted or your parental rights are terminated, you
may be asked to support the child."

Consents shall be filed in the adoption proceedings at any time before the matter
is heard provided, however, that a consent executed and acknowledged outside of this
state, either in accordance with the law of this state or in accordance with the law of the
place where executed, is valid.

Sec. 15.

Minnesota Statutes 2010, section 259.24, subdivision 6a, is amended to read:

Subd. 6a.

Withdrawal of consent.

deleted text begin Except for consents executed under section
260C.201, subdivision 11,deleted text end A parent's consent to adoption new text begin under this chapter new text end may be
withdrawn for any reason within ten working days after the consent is executed and
acknowledged. new text begin No later than the tenth working day after the consent is executed and
acknowledged, new text end written notification of withdrawal of consent must be received bynew text begin : (1)new text end
the agency to which the child was surrendered deleted text begin no later than the tenth working day after
the consent is executed and acknowledgeddeleted text end new text begin ; (2) the agency supervising the adoptive
placement of the child; or (3) in the case of adoption by a stepparent or any adoption
not involving agency placement or supervision, by the district court where the adopting
stepparent or parent residesnew text end . On the day following the tenth working day after execution
and acknowledgment, the consent shall become irrevocable, except upon order of a court
of competent jurisdiction after written findings that consent was obtained by fraud. deleted text begin A
consent to adopt executed under section 260C.201, subdivision 11, is irrevocable upon
proper notice to both parents of the effect of a consent to adopt and acceptance by the
court, except upon order of the same court after written findings that the consent was
obtained by fraud. In proceedings to determine the existence of fraud, the adoptive parents
and the child shall be made parties.deleted text end The proceedings shall be conducted to preserve the
confidentiality of the adoption process. There shall be no presumption in the proceedings
favoring the birth parents over the adoptive parents.

Sec. 16.

Minnesota Statutes 2010, section 259.24, subdivision 7, is amended to read:

Subd. 7.

Withholding consent; reason.

Consent to an adoption shall not be
unreasonably withheld by a guardian, who is not a parent of the child, deleted text begin by the commissionerdeleted text end
or by an agency.

Sec. 17.

Minnesota Statutes 2010, section 259.29, subdivision 2, is amended to read:

Subd. 2.

Placement with relative or friend.

The authorized child-placing agency
shall consider placement, consistent with the child's best interests and in the following
order, with (1) a relative or relatives of the child, or (2) an important friend with whom the
child has resided or had significant contact. In implementing this section, an authorized
child-placing agency may disclose private or confidential data, as defined in section 13.02,
to relatives of the child for the purpose of locating a suitable adoptive home. The agency
shall disclose only data that is necessary to facilitate implementing the preference.

If the child's birth parent or parents explicitly request that placement with deleted text begin relativesdeleted text end new text begin a
specific relativenew text end or important deleted text begin friendsdeleted text end new text begin friendnew text end not be considered, the authorized child-placing
agency shall honor that requestnew text begin if it isnew text end consistent with the best interests of the childnew text begin and
consistent with the requirements of sections 260C.212, subdivision 2, and 260C.221new text end .

If the child's birth parent or parents express a preference for placing the child in an
adoptive home of the same or a similar religious background to that of the birth parent
or parents, the agency shall place the child with a family that meets the birth parent's
religious preference.

This subdivision does not affect the Indian Child Welfare Act, United States
Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
Act, sections 260.751 to 260.835.

Sec. 18.

Minnesota Statutes 2010, section 260C.193, subdivision 3, is amended to read:

Subd. 3.

Best interest of the child in foster care deleted text begin or residential caredeleted text end .

(a) The
policy of the state is to ensure that the best interests of children in foster deleted text begin or residentialdeleted text end care
are met by requiring individualized determinations under section 260C.212, subdivision 2,
paragraph (b), of the needs of the child and of how the selected placement will serve the
needs of the child in foster care placements.

(b) The court shall review whether the responsible social services agency made
efforts as required under section deleted text begin 260C.212, subdivision 5deleted text end new text begin 260C.221new text end , and made an
individualized determination as required under section 260C.212, subdivision 2. If
the court finds the agency has not made efforts as required under section deleted text begin 260C.212,
subdivision 5deleted text end new text begin 260C.221new text end , and there is a relative who qualifies to be licensed to provide
family foster care under chapter 245A, the court may order the child placed with the
relative consistent with the child's best interests.

(c) If the child's birth parent or parents explicitly request that a relative or important
friend not be considered, the court shall honor that request if it is consistent with the
best interests of the childnew text begin and consistent with the requirements of section 260C.221new text end . If
the child's birth parent or parents express a preference for placing the child in a foster or
adoptive home of the same or a similar religious background to that of the birth parent
or parents, the court shall order placement of the child with an individual who meets the
birth parent's religious preference.

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

(e) Whenever possible, siblings new text begin requiring foster care placementnew text end should be placed
together unless it is determined not to be in the best interests of a sibling new text begin after weighing
the benefits of separate placement against the benefits of sibling connections for each
siblingnew text end . If siblings are not placed together according to section 260C.212, subdivision 2,
paragraph (d), the responsible social services agency shall report to the court the efforts
made to place the siblings together and why the efforts were not successful. If the court is
not satisfied with the agency's efforts to place siblings together, the court may order the
agency to make further efforts. If siblings are not placed together the court shall review
the responsible social services agency's plan for visitation among siblings required as part
of the out-of-home placement plan under section 260C.212.

(f) This subdivision does not affect the Indian Child Welfare Act, United States
Code, title 25, sections 1901 to 1923, and the Minnesota Indian Family Preservation
Act, sections 260.751 to 260.835.

Sec. 19.

Minnesota Statutes 2010, section 260C.201, subdivision 11a, is amended to
read:

Subd. 11a.

Permanency new text begin progress new text end review for children deleted text begin under eightdeleted text end new text begin in foster care
for six monthsnew text end .

(a) deleted text begin If the child was under eight years of age at the time the petition
was filed alleging the child was in need of protection or services, and thedeleted text end new text begin When anew text end child
continues in placement out of the home of the parent or guardian from whom the child
was removed, no later than six months after the child's placement the court shall conduct a
permanency new text begin progress new text end hearing to reviewnew text begin :
new text end

new text begin (1)new text end the progress of the case, the parent's progress on the new text begin case plan or new text end out-of-home
placement plan, deleted text begin anddeleted text end new text begin whichever is applicable;
new text end

new text begin (2)new text end the new text begin agency's reasonable, or in the case of an Indian child, active efforts for
reunification and its new text end provision of servicesdeleted text begin .deleted text end new text begin ;
new text end

new text begin (3) the agency's reasonable efforts to finalize the permanent plan for the child
under section 260.012, paragraph (e), and to make a placement as required under section
260C.212, subdivision 2, in a home that will commit to being the legally permanent
family for the child in the event the child cannot return home according to the timelines
in this section; and
new text end

new text begin (4) in the case of an Indian child, active efforts to prevent the breakup of the Indian
family and to make a placement according to the placement preferences under United
States Code, title 25, chapter 21, section 1915.
new text end

deleted text begin (b) Based on its assessment of the parent's or guardian's progress on the out-of-home
placement plan, the responsible social services agency must ask the county attorney to file
a petition for termination of parental rights, a petition for transfer of permanent legal and
physical custody to a relative, or the report required under juvenile court rules.
deleted text end

new text begin (b) The court shall ensure that notice of the hearing is sent to any relative who:
new text end

new text begin (1) responded to the agency's notice provided under section 260C.221 indicating an
interest in participating in planning for the child or being a permanency resource for the
child and who has kept the court apprised of his or her address; or
new text end

new text begin (2) asked to be notified of court proceedings regarding the child as is permitted in
section 260C.152, subdivision 5.
new text end

(c)(1) If the parent or guardian has maintained contact with the child and is
complying with the court-ordered out-of-home placement plan, and if the child would
benefit from reunification with the parent, the court may either:

(i) return the child home, if the conditions which led to the out-of-home placement
have been sufficiently mitigated that it is safe and in the child's best interests to return
home; or

(ii) continue the matter up to a total of six additional months. If the child has not
returned home by the end of the additional six months, the court must conduct a hearing
according to subdivision 11.

(2) If the court determines that the parent or guardian is not complying with the
out-of-home placement plan or is not maintaining regular contact with the child as outlined
in the visitation plan required as part of the out-of-home placement plan under section
260C.212, the court may order the responsible social services agencynew text begin :
new text end

new text begin (i)new text end to develop a plan for new text begin legally new text end permanent placement of the child away from the
parent deleted text begin anddeleted text end new text begin ;
new text end

new text begin (ii) to consider, identify, recruit, and support one or more permanency resources
from the child's relatives and foster parent to be the legally permanent home in the event
the child cannot be returned to the parent. Any relative or the child's foster parent may
ask the court to order the agency to consider them for permanent placement of the child
in the event the child cannot be returned to the parent. A relative or foster parent who
wants to be considered under this item shall cooperate with the background study required
under section 245C.08, if the individual has not already done so, and with the home study
process required under chapter 245A for providing child foster care and for adoption
under section 259.41; the home study referred to in this item shall be a single-home study
in the form required by the commissioner of human services or similar study required
by the individual's state of residence when the subject of the study is not a resident of
Minnesota; the court may order the responsible social services agency to make a referral
under the Interstate Compact on the Placement of Children, sections 260.851 et al., when
necessary to obtain a home study for an individual who wants to be considered for transfer
of permanent legal and physical custody or adoption of the child; and
new text end

new text begin (iii)new text end to file a petition to support an order for the new text begin legally new text end permanent placement plan.

(d) Following the review under deleted text begin paragraphs (b) and (c)deleted text end new text begin this subdivisionnew text end :

(1) if the court has either returned the child home or continued the matter up to a
total of six additional months, the agency shall continue to provide services to support the
child's return home or to make reasonable efforts to achieve reunification of the child and
the parent as ordered by the court under an approved case plan;

(2) if the court orders the agency to develop a plan for the transfer of permanent
legal and physical custody of the child to a relative, a petition supporting the plan shall be
filed in juvenile court within 30 days of the hearing required under this subdivision and a
trial on the petition held within deleted text begin 30deleted text end new text begin 60new text end days of the filing of the pleadings; or

(3) if the court orders the agency to file a termination of parental rights, unless the
county attorney can show cause why a termination of parental rights petition should not be
filed, a petition for termination of parental rights shall be filed in juvenile court within
30 days of the hearing required under this subdivision and a trial on the petition held
within deleted text begin 90deleted text end new text begin 60new text end days of the filing of the petition.

Sec. 20.

Minnesota Statutes 2010, section 260C.212, subdivision 1, is amended to read:

Subdivision 1.

Out-of-home placement; plan.

(a) An out-of-home placement plan
shall be prepared within 30 days after any child is placed in foster care by court order or a
voluntary placement agreement between the responsible social services agency and the
child's parent pursuant to subdivision 8 or chapter 260D.

(b) An out-of-home placement plan means a written document which is prepared by
the responsible social services agency jointly with the parent or parents or guardian of the
child and in consultation with the child's guardian ad litem, the child's tribe, if the child
is an Indian child, the child's foster parent or representative of the deleted text begin residentialdeleted text end new text begin foster carenew text end
facility, and, where appropriate, the child. For a child in voluntary foster care for treatment
under chapter 260D, preparation of the out-of-home placement plan shall additionally
include the child's mental health treatment provider. As appropriate, the plan shall be:

(1) submitted to the court for approval under section 260C.178, subdivision 7;

(2) ordered by the court, either as presented or modified after hearing, under section
260C.178, subdivision 7, or 260C.201, subdivision 6; and

(3) signed by the parent or parents or guardian of the child, the child's guardian ad
litem, a representative of the child's tribe, the responsible social services agency, and, if
possible, the child.

(c) The out-of-home placement plan shall be explained to all persons involved in its
implementation, including the child who has signed the plan, and shall set forth:

(1) a description of the deleted text begin residential facilitydeleted text end new text begin foster care home or facility selectednew text end
including how the out-of-home placement plan is designed to achieve a safe placement
for the child in the least restrictive, most family-like, setting available which is in close
proximity to the home of the parent or parents or guardian of the child when the case plan
goal is reunification, and how the placement is consistent with the best interests and
special needs of the child according to the factors under subdivision 2, paragraph (b);

(2) the specific reasons for the placement of the child in deleted text begin a residential facilitydeleted text end new text begin foster
carenew text end , and when reunification is the plan, a description of the problems or conditions in the
home of the parent or parents which necessitated removal of the child from home and the
changes the parent or parents must make in order for the child to safely return home;

(3) a description of the services offered and provided to prevent removal of the child
from the home and to reunify the family including:

(i) the specific actions to be taken by the parent or parents of the child to eliminate
or correct the problems or conditions identified in clause (2), and the time period during
which the actions are to be taken; and

(ii) the reasonable efforts, or in the case of an Indian child, active efforts to be made
to achieve a safe and stable home for the child including social and other supportive
services to be provided or offered to the parent or parents or guardian of the child, the
child, and the residential facility during the period the child is in the residential facility;

(4) a description of any services or resources that were requested by the child or the
child's parent, guardian, foster parent, or custodian since the date of the child's placement
in the residential facility, and whether those services or resources were provided and if
not, the basis for the denial of the services or resources;

(5) the visitation plan for the parent or parents or guardian, other relatives as defined
in section 260C.007, subdivision 27, and siblings of the child if the siblings are not placed
together in foster care, and whether visitation is consistent with the best interest of the
child, during the period the child is in foster care;

(6) documentation of steps to finalize the adoption or legal guardianship of the child
if the court has issued an order terminating the rights of both parents of the child or of the
only known, living parent of the child. At a minimum, the documentation must include
child-specific recruitment efforts such as relative search and the use of state, regional, and
national adoption exchanges to facilitate orderly and timely placements in and outside
of the state. A copy of this documentation shall be provided to the court in the review
required under section 260C.317, subdivision 3, paragraph (b);

(7) efforts to ensure the child's educational stability while in foster care, including:

(i) efforts to ensure that the child deleted text begin in placementdeleted text end remains in the same school in which
the child was enrolled prior to placementnew text begin or upon the child's move from one placement
to anothernew text end , including efforts to work with the local education authorities to ensure the
child's educational stability; or

(ii) if it is not in the child's best interest to remain in the same school that the child
was enrolled in prior to placementnew text begin or move from one placement to anothernew text end , efforts to
ensure immediate and appropriate enrollment for the child in a new school;

(8) the educational records of the child including the most recent information
available regarding:

(i) the names and addresses of the child's educational providers;

(ii) the child's grade level performance;

(iii) the child's school record;

(iv) a statement about how the child's placement in foster care takes into account
proximity to the school in which the child is enrolled at the time of placement; and

(v) any other relevant educational information;

(9) the efforts by the local agency to ensure the oversight and continuity of health
care services for the foster child, including:

(i) the plan to schedule the child's initial health screens;

(ii) how the child's known medical problems and identified needs from the screens,
including any known communicable diseases, as defined in section 144.4172, subdivision
2, will be monitored and treated while the child is in foster care;

(iii) how the child's medical information will be updated and shared, including
the child's immunizations;

(iv) who is responsible to coordinate and respond to the child's health care needs,
including the role of the parent, the agency, and the foster parent;

(v) who is responsible for oversight of the child's prescription medications;

(vi) how physicians or other appropriate medical and nonmedical professionals
will be consulted and involved in assessing the health and well-being of the child and
determine the appropriate medical treatment for the child; and

(vii) the responsibility to ensure that the child has access to medical care through
either medical insurance or medical assistance;

(10) the health records of the child including information available regarding:

(i) the names and addresses of the child's health care and dental care providers;

(ii) a record of the child's immunizations;

(iii) the child's known medical problems, including any known communicable
diseases as defined in section 144.4172, subdivision 2;

(iv) the child's medications; and

(v) any other relevant health care information such as the child's eligibility for
medical insurance or medical assistance;

(11) an independent living plan for a child age 16 or older deleted text begin who is in placement as
a result of a permanency dispositiondeleted text end . The plan should include, but not be limited to,
the following objectives:

(i) educational, vocational, or employment planning;

(ii) health care planning and medical coverage;

(iii) transportation including, where appropriate, assisting the child in obtaining a
driver's license;

(iv) money managementnew text begin , including the responsibility of the agency to ensure that
the youth annually receives, at no cost to the youth, a consumer report as defined under
section 13C.001 and assistance in interpreting and resolving any inaccuracies in the reportnew text end ;

(v) planning for housing;

(vi) social and recreational skills; and

(vii) establishing and maintaining connections with the child's family and
community; and

(12) for a child in voluntary foster care for treatment under chapter 260D, diagnostic
and assessment information, specific services relating to meeting the mental health care
needs of the child, and treatment outcomes.

(d) The parent or parents or guardian and the child each shall have the right to legal
counsel in the preparation of the case plan and shall be informed of the right at the time
of placement of the child. The child shall also have the right to a guardian ad litem.
If unable to employ counsel from their own resources, the court shall appoint counsel
upon the request of the parent or parents or the child or the child's legal guardian. The
parent or parents may also receive assistance from any person or social services agency
in preparation of the case plan.

After the plan has been agreed upon by the parties involved or approved or ordered
by the court, the foster parents shall be fully informed of the provisions of the case plan
and shall be provided a copy of the plan.

Upon discharge from foster care, the parent, adoptive parent, or permanent legal and
physical custodian, as appropriate, and the child, if appropriate, must be provided with
a current copy of the child's health and education record.

Sec. 21.

Minnesota Statutes 2010, section 260C.212, subdivision 2, is amended to read:

Subd. 2.

Placement decisions based on best interest of the child.

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

(1) with an individual who is related to the child by blood, marriage, or adoption; or

(2) with an individual who is an important friend with whom the child has resided or
had significant contact.

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

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

(2) the medicaldeleted text begin ,deleted text end new text begin needs of the child;
new text end

new text begin (3) thenew text end educationaldeleted text begin , anddeleted text end new text begin needs of the child;
new text end

new text begin (4) thenew text end developmental needs of the child;

deleted text begin (3)deleted text end new text begin (5)new text end the child's history and past experience;

deleted text begin (4)deleted text end new text begin (6)new text end the child's religious and cultural needs;

deleted text begin (5)deleted text end new text begin (7)new text end the child's connection with a community, school, and faith community;

deleted text begin (6)deleted text end new text begin (8)new text end the child's interests and talents;

deleted text begin (7)deleted text end new text begin (9)new text end the child's relationship to current caretakers, parents, siblings, and relatives;
and

deleted text begin (8)deleted text end new text begin (10)new text end the reasonable preference of the child, if the court, or the child-placing
agency in the case of a voluntary placement, deems the child to be of sufficient age to
express preferences.

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

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

(e) Except for emergency placement as provided for in section 245A.035, a
completed background study is required under section 245C.08 before the approval of a
foster placement in a related or unrelated home.

Sec. 22.

Minnesota Statutes 2010, section 260C.212, subdivision 5, is amended to read:

Subd. 5.

Relative search.

(a) The responsible social services agency shall exercise
due diligence to identify and notify adult relatives prior to placement or within 30 days
after the child's removal from the parent. The county agency shall consider placement
with a relative under deleted text begin subdivision 2deleted text end new text begin section 260C.221new text end without delay. The relative search
required by this section shall be reasonable and comprehensive in scope and may last up
to six months or until a fit and willing relative is identified. The relative search required by
this section shall include both maternal relatives of the child and paternal relatives of the
child, if paternity is adjudicated. The relatives must be notified:

(1) of the need for a foster home for the child, the option to become a placement
resource for the child, and the possibility of the need for a permanent placement for the
child;

(2) of their responsibility to keep the responsible social services agency new text begin and the court
new text end informed of their current address in order to receive notice in the event that a permanent
placement is sought for the childnew text begin and to receive notice of the permanency progress review
hearing under section 260C.204new text end . A relative who fails to provide a current address to the
responsible social services agency new text begin and the court new text end forfeits the right tonew text begin receivenew text end notice of
the possibility of permanent placementnew text begin and of the permanency progress review hearing
under section 260C.204new text end . A decision by a relative not to be a placement resource at the
beginning of the case shall not affect whether the relative is considered for placement of
the child with that relative later;

(3) that the relative may participate in the care and planning for the child, including
that the opportunity for such participation may be lost by failing to respond to the noticenew text begin
sent under this subdivisionnew text end ; and

(4) of the family foster care licensing requirements, including how to complete an
application and how to request a variance from licensing standards that do not present a
safety or health risk to the child in the home under section 245A.04 and supports that are
available for relatives and children who reside in a family foster home.

(b) A responsible social services agency may disclose private or confidential data,
as defined in section 13.02, to relatives of the child for the purpose of locating a suitable
placement. The agency shall disclose only data that is necessary to facilitate possible
placement with relatives. If the child's parent refuses to give the responsible social
services agency information sufficient to identify the maternal and paternal relatives of the
child, the agency shall ask the juvenile court to order the parent to provide the necessary
information. If a parent makes an explicit request that deleted text begin relatives ordeleted text end a specific relative not
be contacted or considered for placementnew text begin due to safety reasons including past family or
domestic violencenew text end , the agency shall bring the parent's request to the attention of the court
to determine whether the parent's request is consistent with the best interests of the child
and the agency shall not contact deleted text begin relatives or adeleted text end new text begin thenew text end specific relative deleted text begin unless authorized to do
so bydeleted text end new text begin whennew text end the juvenile courtnew text begin finds that contacting the specific relative would endanger
the parent, guardian, child, sibling, or any family membernew text end .

(c) When the placing agency determines that a permanent placement hearing is
necessary because there is a likelihood that the child will not return to a parent's care, the
agency may send the notice provided in paragraph (d), may ask the court to modify the
requirements of the agency under this paragraph, or may ask the court to completely
relieve the agency of the requirements of deleted text begin thisdeleted text end paragraphnew text begin (d)new text end . deleted text begin The relative notificationdeleted text end
deleted text begin requirements of this paragraph do not apply when the child is placed with an appropriate
deleted text end deleted text begin relative or a foster home that has committed to being the permanent legal placement for
deleted text end deleted text begin the child and the agency approves of that foster home for permanent placement of the
deleted text end deleted text begin child.deleted text end The actions ordered by the court under this section must be consistent with the best
interests, safety, and welfare of the child.

(d) Unless required under the Indian Child Welfare Act or relieved of this duty by the
court under paragraph (c), when the agency determines that it is necessary to prepare for
the permanent placement determination hearing, or in anticipation of filing a termination
of parental rights petition, the agency shall send notice to the relatives, any adult with
whom the child is currently residing, any adult with whom the child has resided for one
year or longer in the past, and any adults who have maintained a relationship or exercised
visitation with the child as identified in the agency case plan. The notice must state that a
permanent home is sought for the child and that the individuals receiving the notice may
indicate to the agency their interest in providing a permanent home. The notice must state
that within 30 days of receipt of the notice an individual receiving the notice must indicate
to the agency the individual's interest in providing a permanent home for the child or that
the individual may lose the opportunity to be considered for a permanent placement.

(e) The Department of Human Services shall develop a best practices guide and
specialized staff training to assist the responsible social services agency in performing and
complying with the relative search requirements under this subdivision.

Sec. 23.

Minnesota Statutes 2010, section 260C.212, subdivision 7, is amended to read:

Subd. 7.

Administrative or court review of placements.

(a) There shall be an
administrative review of the out-of-home placement plan of each child placed in foster
care no later than 180 days after the initial placement of the child in foster care and at least
every six months thereafter if the child is not returned to the home of the parent or parents
within that time. The out-of-home placement plan must be monitored and updated at each
administrative review. The administrative review shall be conducted by the responsible
social services agency using a panel of appropriate persons at least one of whom is not
responsible for the case management of, or the delivery of services to, either the child or
the parents who are the subject of the review. The administrative review shall be open to
participation by the parent or guardian of the child and the child, as appropriate.

(b) As an alternative to the administrative review required in paragraph (a), the court
may, as part of any hearing required under the Minnesota Rules of Juvenile Protection
Procedure, conduct a hearing to monitor and update the out-of-home placement plan
pursuant to the procedure and standard in section 260C.201, subdivision 6, paragraph (d).
The party requesting review of the out-of-home placement plan shall give parties to the
proceeding notice of the request to review and update the out-of-home placement plan.
A court review conducted pursuant to section 260C.193; 260C.201, subdivision 1 or 11;
260C.141, subdivision 2; 260C.317; or 260D.06 shall satisfy the requirement for the
review so long as the other requirements of this section are met.

(c) As appropriate to the stage of the proceedings and relevant court orders, the
responsible social services agency or the court shall review:

(1) the safety, permanency needs, and well-being of the child;

(2) the continuing necessity for and appropriateness of the placement;

(3) the extent of compliance with the out-of-home placement plan;

(4) the extent of progress which has been made toward alleviating or mitigating the
causes necessitating placement in foster care;

(5) the projected date by which the child may be returned to and safely maintained in
the home or placed permanently away from the care of the parent or parents or guardian;
and

(6) the appropriateness of the services provided to the child.

(d) When a child is age 16 or older, in addition to any administrative review
conducted by the agency, at the in-court review required under section 260C.201,
subdivision 11, or 260C.317, subdivision 3, clause (3), the court shall review the
independent living plan required under subdivision 1, paragraph (c), clause (11), and the
provision of services to the child related to the well-being of the child as the child prepares
to leave foster care. The review shall include the actual plans related to each item in the
plan necessary to the child's future safety and well-being when the child is no longer
in foster care.

(1) At the court review, the responsible social services agency shall establish that it
has given the notice required under section 260C.456 or Minnesota Rules, part 9560.0660,
regarding the right to continued access to services for certain children in foster care past
age 18 and of the right to appeal a denial of social services under section 256.045. If the
agency is unable to establish that the notice, including the right to appeal a denial of social
services, has been given, the court shall require the agency to give it.

(2) Consistent with the requirements of the independent living plan, the court shall
review progress toward or accomplishment of the following goals:

(i) the child has obtained a high school diploma or its equivalent;

(ii) the child has completed a driver's education course or has demonstrated the
ability to use public transportation in the child's community;

(iii) the child is employed or enrolled in postsecondary education;

(iv) the child has applied for and obtained postsecondary education financial aid for
which the child is eligible;

(v) the child has health care coverage and health care providers to meet the child's
physical and mental health needs;

(vi) the child has applied for and obtained disability income assistance for which
the child is eligible;

(vii) the child has obtained affordable housing with necessary supports, which does
not include a homeless shelter;

(viii) the child has saved sufficient funds to pay for the first month's rent and a
damage deposit;

(ix) the child has an alternative affordable housing plan, which does not include a
homeless shelter, if the original housing plan is unworkable;

(x) the child, if male, has registered for the Selective Service; and

(xi) the child has a permanent connection to a caring adult.

(3) The court shall ensure that the responsible agency in conjunction with the
placement provider assists the child in obtaining the following documents prior to the
child's leaving foster care: a Social Security card; the child's birth certificate; a state
identification card or driver's license, green card, or school visa; the child's school,
medical, and dental records; a contact list of the child's medical, dental, and mental health
providers; and contact information for the child's siblings, if the siblings are in foster care.

(e) When a child is age 17 or older, during the 90-day period immediately prior to
the date the child is expected to be discharged from foster care, the responsible social
services agency is required to provide the child with assistance and support in developing
a transition plan that is personalized at the direction of the child. The transition plan
must be as detailed as the child may elect and include specific options on housing, health
insurance, education, local opportunities for mentors and continuing support services, and
work force supports and employment services. new text begin The agency shall ensure that the youth
receives, at no cost to the youth, a copy of the youth's consumer credit report as defined
in section 13C.001 and assistance in interpreting and resolving any inaccuracies in the
report. new text end The deleted text begin countydeleted text end new text begin agencynew text end shall also provide the deleted text begin individualdeleted text end new text begin youthnew text end with appropriate contact
information if the deleted text begin individualdeleted text end new text begin youthnew text end needs more information or needs help dealing with a
crisis situation through age 21.

Sec. 24.

Minnesota Statutes 2010, section 260C.217, is amended to read:

260C.217 SAFE PLACE FOR NEWBORNS.

Subdivision 1.

Duty to attempt reunification, duty to search for relatives, and
preferences not applicable.

A deleted text begin localdeleted text end new text begin responsiblenew text end social service agency deleted text begin taking custody ofdeleted text end new text begin
with legal responsibility fornew text end a child deleted text begin after discharge from a hospital that received a child
under section 145.902deleted text end new text begin under subdivision 4new text end is not required to attempt to reunify the child
with the child's parents. Additionally, the agency is not required to search for relatives
of the child as a placement or permanency option under section 260C.212, subdivision
5, or to implement other placement requirements that give a preference to relatives if
the agency does not have information as to the identity of the child, the child's mother,
or the child's father.

new text begin Subd. 1a. new text end

new text begin Safe place. new text end

new text begin For purposes of this section, "safe place" means a hospital,
health care provider that provides access to urgent care services, or a sheriff's department
during its hours of operation.
new text end

Subd. 2.

Status of child.

For purposes of proceedings under this chapter deleted text begin anddeleted text end new text begin ,
includingnew text end adoption proceedings, a newborn left at a deleted text begin hospitaldeleted text end new text begin safe place or with a 911
respondernew text end under deleted text begin section 145.902deleted text end new text begin subdivision 3new text end is considered an abandoned childnew text begin under
section 626.556, subdivision 2, paragraph (c), clause (3). The child is abandoned under
sections 260C.007, subdivision 6, clause (1), and 260C.301, subdivision 1, paragraph
(b), clause (1)new text end .

new text begin Subd. 3. new text end

new text begin Relinquish newborn. new text end

new text begin A mother or any person, with the mother's
permission, may bring a newborn infant to a safe place during its hours of operation and
leave the infant in the care of an employee of the safe place. The mother or person with
the mother's permission may also call 911 and request to have an ambulance or other
emergency responder under section 299J.02, subdivision 6, dispatched to an agreed upon
location to relinquish a newborn infant into the custody of the 911 responder.
new text end

new text begin Subd. 4. new text end

new text begin Placement of newborn. new text end

new text begin A safe place or 911 responder with whom a
newborn is left shall, within 24 hours, report receiving the newborn to the responsible
social services agency. The agency shall have legal responsibility for the placement of
the newborn infant in foster care for 72 hours during which time the agency shall file a
petition under section 260C.141 and ask the court to order continued placement of the
child in foster care. The agency shall immediately begin planning for adoptive placement
of the newborn.
new text end

new text begin Subd. 5. new text end

new text begin Care and treatment. new text end

new text begin A safe place or 911 responder with whom a newborn
is left may examine the newborn and provide necessary care and treatment, if any is
required, pending assumption of legal responsibility by the responsible social services
agency under subdivision 4. A safe place or 911 responder with whom a newborn is left
may transport a newborn to a hospital for care, if appropriate under the circumstances.
new text end

new text begin Subd. 6. new text end

new text begin Immunity. new text end

new text begin A safe place or 911 responder with responsibility for
performing duties under this section, and any employee, doctor, or other medical, fire, or
law enforcement professional receiving, handling, treating, caring for, and reporting the
child as required in subdivision 4, are immune from any criminal liability that otherwise
might result from their actions, if they are acting in good faith in receiving a newborn, and
are immune from any civil liability that otherwise might result from merely receiving a
newborn.
new text end

Sec. 25.

Minnesota Statutes 2010, section 260C.317, subdivision 3, is amended to read:

Subd. 3.

Order; retention of jurisdiction.

(a) A certified copy of the findings and
the order terminating parental rights, and a summary of the court's information concerning
the child shall be furnished by the court to the commissioner or the agency to which
guardianship is transferred.

new text begin (b)new text end The orders shall be on a document separate from the findings. The court shall
furnish the deleted text begin individual to whom guardianship is transferreddeleted text end new text begin guardiannew text end a copy of the order
terminating parental rights.

deleted text begin (b)deleted text end new text begin (c) When the court orders guardianship pursuant to this section, new text end the deleted text begin court
shall retain jurisdiction in a case where adoption is the intended permanent placement
disposition until the child's adoption is finalized, the child is 18 years of age, or, for
children in foster care beyond age 18 pursuant to section 260C.451, until the individual
becomes 21 years of age according to the provisions set forth in sections 260C.193,
subdivision 6, and 260C.451. Thedeleted text end guardian ad litem and counsel for the child shall
continue on the case until an adoption decree is entered. An in-court appearance hearing
must be held every 90 days following termination of parental rights for the court to review
progress toward an adoptive placement and the specific recruitment efforts the agency
has taken to find an adoptive family deleted text begin or other placement living arrangementdeleted text end for the child
and to finalize the adoption or other permanency plan.new text begin Review of the progress toward
adoption of a child under guardianship of the commissioner of human services shall be
conducted according to section 260C.607.
new text end

deleted text begin (c) The responsible social services agency may make a determination of compelling
reasons for a child to be in long-term foster care when the agency has made exhaustive
efforts to recruit, identify, and place the child in an adoptive home, and the child continues
in foster care for at least 24 months after the court has issued the order terminating
parental rights. A child of any age who is under the guardianship of the commissioner of
the Department of Human Services and is legally available for adoption may not refuse
or waive the commissioner's agent's exhaustive efforts to recruit, identify, and place the
child in an adoptive home required under paragraph (b) or sign a document relieving
county social services agencies of all recruitment efforts on the child's behalf. Upon
approving the agency's determination of compelling reasons, the court may order the child
placed in long-term foster care. At least every 12 months thereafter as long as the child
continues in out-of-home placement, the court shall conduct an in-court permanency
review hearing to determine the future status of the child using the review requirements of
section 260C.201, subdivision 11, paragraph (g).
deleted text end

(d) new text begin Upon terminating parental rights or upon a parent's consent to adoption
under section 260C.201, subdivision 11, resulting in an order for guardianship to the
commissioner of human services, new text end the court shall retain jurisdictionnew text begin :new text end

new text begin (1) until the child is adopted;
new text end

new text begin (2)new text end through the child's minority deleted text begin in a case where long-termdeleted text end new text begin ; or
new text end

new text begin (3)new text end new text begin as long as the child continues in or reentersnew text end foster care deleted text begin is the permanent
disposition whether under paragraph (c) or section 260C.201, subdivision 11, or, for
children in foster care age 18 or older under section 260C.451deleted text end , until the individual
becomes 21 years of age according to deleted text begin the provisions indeleted text end sections 260C.193, subdivision 6,
and 260C.451.

Sec. 26.

Minnesota Statutes 2010, section 260C.317, subdivision 4, is amended to read:

Subd. 4.

Rights of terminated parent.

new text begin (a) new text end Upon entry of an order terminating the
parental rights of any person who is identified as a parent on the original birth record of
the child as to whom the parental rights are terminated, the court shall cause written
notice to be made to that person setting forth:

(1) the right of the person to file at any time with the state registrar of vital statistics
a consent to disclosure, as defined in section 144.212, subdivision 11;

(2) the right of the person to file at any time with the state registrar of vital statistics
an affidavit stating that the information on the original birth record shall not be disclosed
as provided in section 144.2252; and

(3) the effect of a failure to file either a consent to disclosure, as defined in section
144.212, subdivision 11, or an affidavit stating that the information on the original birth
record shall not be disclosed.

new text begin (b) A parent whose rights are terminated under this section shall retain the ability to
enter into a contact or communication agreement under section 260C.619 if an agreement
is determined by the court to be in the best interests of the child. The agreement shall be
filed with the court at or prior to the time the child is adopted. An order for termination of
parental rights shall not be conditioned on an agreement under section 260C.619.
new text end

Sec. 27.

Minnesota Statutes 2010, section 260C.325, subdivision 1, is amended to read:

Subdivision 1.

deleted text begin Transfer of custodydeleted text end new text begin Guardianshipnew text end .

(a) deleted text begin Ifdeleted text end new text begin Whennew text end the court terminates
parental rights of both parents or of the only known livingnew text begin legalnew text end parent, the court shall
order the guardianship deleted text begin and the legal custodydeleted text end of the child deleted text begin transferreddeleted text end to:

(1) the commissioner of human services;

(2) a licensed child-placing agency; or

(3) an individual who is willing and capable of assuming the appropriate duties
and responsibilities to the child.

(b) The court shall order deleted text begin transfer ofdeleted text end guardianship deleted text begin and legal custodydeleted text end of a child to
the commissioner of human services deleted text begin onlydeleted text end when the responsible county social services
agency had legal responsibility for planning for the permanent placement of the child and
the child was in foster care under the legal responsibility of the responsible county social
services agency at the time the court orders guardianship deleted text begin and legal custody transferreddeleted text end to
the commissioner.new text begin The court shall not order guardianship to the commissioner under any
other circumstances, except as provided in subdivision 3.
new text end

Sec. 28.

Minnesota Statutes 2010, section 260C.325, subdivision 3, is amended to read:

Subd. 3.

Both parents deceased.

(a) If upon petition deleted text begin to the juvenile courtdeleted text end new text begin for
guardianshipnew text end by a reputable person, including but not limited to deleted text begin andeleted text end new text begin the responsible social
services agency asnew text end agent of the commissioner of human services, and upon hearing in
the manner provided in section 260C.163, the court finds that both parents or the only
known legal parent are or is deceased and no appointment has been made or petition for
appointment filed pursuant to sections 524.5-201 to 524.5-317, the court shall order the
guardianship deleted text begin and legal custodydeleted text end of the child transferred to:

(1) the commissioner of human services;new text begin or
new text end

deleted text begin (2) a licensed child-placing agency; or
deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end an individual who is willing and capable of assuming the appropriate duties
and responsibilities to the child.

(b) The court shall order deleted text begin transfer ofdeleted text end guardianship deleted text begin and legal custodydeleted text end of a child to the
commissioner of human services only if there is no individual who is willing and capable
of assuming the appropriate duties and responsibilities to the child.

Sec. 29.

Minnesota Statutes 2010, section 260C.325, subdivision 4, is amended to read:

Subd. 4.

Guardian's responsibilities.

(a) A guardian appointed under deleted text begin the
provisions ofdeleted text end this section has legal custody of deleted text begin a ward unless the court which appoints
the guardian gives legal custody to some other person. If the court awards custody to a
person other than the guardian, the guardian nonetheless has the right and responsibility of
reasonable visitation, except as limited by court order.deleted text end new text begin the child and the right to visit the
child in foster care, the adoptive placement, or any other suitable setting at any time prior
to finalization of the adoption of the child. When the child is under the guardianship of the
commissioner, the responsible social services agency, as agent of the commissioner, has
the right to visit the child.
new text end

(b) new text begin When the guardian is a licensed child-placing agency, new text end the guardian deleted text begin maydeleted text end new text begin shallnew text end
make new text begin all new text end major decisions affecting the deleted text begin person of the warddeleted text end new text begin childnew text end , includingnew text begin ,new text end but not limited
tonew text begin ,new text end giving consentnew text begin ,new text end deleted text begin (deleted text end when consent is legally requireddeleted text begin )deleted text end new text begin ,new text end to the marriage, enlistment in
the armed forces, medical, surgical, or psychiatric treatment, or adoption of the deleted text begin warddeleted text end new text begin
childnew text end . deleted text begin When, pursuant to this section, the commissioner of human services is appointed
guardian, the commissioner may delegate to the responsible social services agency of
the county in which, after the appointment, the ward resides, the authority to act for the
commissioner in decisions affecting the person of the ward, including but not limited
to giving consent to the marriage, enlistment in the armed forces, medical, surgical, or
psychiatric treatment of the ward.
deleted text end

new text begin (c) When the commissioner is appointed guardian, the duties of the commissioner of
human services are established under sections 260C.601 to 260C.635.
new text end

deleted text begin (c)deleted text end new text begin (d)new text end A guardianship created under deleted text begin the provisions ofdeleted text end this section shall not deleted text begin of itselfdeleted text end
include the guardianship of the estate of the deleted text begin warddeleted text end new text begin childnew text end .

new text begin (e) The commissioner of human services, through the responsible social services
agency, or a licensed child-placing agency who is a guardian or who has authority and
responsibility for planning for the adoption of the child under section 259.25 or 259.47,
has the duty to make reasonable efforts to finalize the adoption of the child.
new text end

Sec. 30.

Minnesota Statutes 2010, section 260C.328, is amended to read:

260C.328 CHANGE OF GUARDIAN; TERMINATION OF GUARDIANSHIP.

new text begin (a) new text end Upon its own motion or upon petition of an interested party, the juvenile court
having jurisdiction of the child may, after notice to the parties and a hearing, remove
the guardian appointed by the juvenile court and appoint a new guardian in accordance
with deleted text begin the provisions ofdeleted text end section 260C.325, subdivision 1new text begin .new text end deleted text begin , clause (a), (b), or (c). Upon a
showing that the child is emancipated, the court may discharge the guardianship. Any
child 14 years of age or older who is not adopted but who is placed in a satisfactory foster
home, may, with the consent of the foster parents, join with the guardian appointed by the
juvenile court in a petition to the court having jurisdiction of the child to discharge the
existing guardian and appoint the foster parents as guardians of the child.
deleted text end

new text begin (b)new text end The authority of a guardian appointed by the juvenile court terminates when the
individual under guardianship deleted text begin is no longer a minor or when guardianship is otherwise
discharged.deleted text end new text begin becomes age 18. However, an individual who has been under the guardianship
of the commissioner and who has not been adopted may continue in foster care or reenter
foster care pursuant to section 260C.451 and the responsible social services agency has
continuing legal responsibility for the placement of the individual.
new text end

Sec. 31.

new text begin [260C.601] ADOPTION OF CHILDREN UNDER GUARDIANSHIP
OF COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Review and finalization requirements; adoption procedures. new text end

new text begin (a)
Sections 260C.601 to 260C.635 establish:
new text end

new text begin (1) the requirements for court review of children under the guardianship of the
commissioner; and
new text end

new text begin (2) procedures for timely finalizing adoptions in the best interests of children under
the guardianship of the commissioner.
new text end

new text begin (b) Adoption proceedings for children not under the guardianship of the
commissioner are governed by chapter 259.
new text end

new text begin Subd. 2. new text end

new text begin Duty of responsible agency. new text end

new text begin The responsible social services agency has
the duty to act as the commissioner's agent in making reasonable efforts to finalize the
adoption of all children under the guardianship of the commissioner pursuant to section
260C.325. In implementing these duties, the agency shall ensure that:
new text end

new text begin (1) the best interests of the child are met in the planning and granting of adoptions;
new text end

new text begin (2) a child under the guardianship of the commissioner is appropriately involved
in planning for adoption;
new text end

new text begin (3) the diversity of Minnesota's population and diverse needs including culture,
religion, and language of persons affected by adoption are recognized and respected; and
new text end

new text begin (4) the court has the timely information it needs to make a decision that is in the best
interests of the child in reviewing the agency's planning for adoption and when ordering
the adoption of the child.
new text end

new text begin Subd. 3. new text end

new text begin Background study. new text end

new text begin Consistent with section 245C.33 and United States
Code, title 42, section 671, a completed background study is required before the adoptive
placement of the child in a related or an unrelated home.
new text end

Sec. 32.

new text begin [260C.603] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 260C.601 to 260C.635, the terms
defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Adopting parent. new text end

new text begin "Adopting parent" means an adult who has signed
an adoption placement agreement regarding the child and has the same meaning as
"preadoptive parent" under section 259A.01, subdivision 23.
new text end

new text begin Subd. 3. new text end

new text begin Adoption placement agreement. new text end

new text begin "Adoption placement agreement" means
the written agreement between the responsible social services agency, the commissioner,
and the adopting parent which reflects the intent of all the signatories to the agreement that
the adopting parent establish a parent and child relationship by adoption with the child
who is under the guardianship of the commissioner. The adoptive placement agreement
must be in the commissioner's designated format.
new text end

new text begin Subd. 4. new text end

new text begin Adoptive parent. new text end

new text begin "Adoptive parent" has the meaning given in section
259A.01, subdivision 3.
new text end

new text begin Subd. 5. new text end

new text begin Adoptive placement. new text end

new text begin "Adoptive placement" means a placement made by
the responsible social services agency upon a fully executed adoption placement agreement
including the signatures of the adopting parent, the responsible social services agency, and
the commissioner of human services according to section 260C.613, subdivision 1.
new text end

new text begin Subd. 6. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of human
services or any employee of the Department of Human Services to whom the commissioner
has delegated authority regarding children under the commissioner's guardianship.
new text end

new text begin Subd. 7. new text end

new text begin Guardianship. new text end

new text begin "Guardianship" has the meaning given in section 259A.01,
subdivision 17; 260C.325; or 260C.515, subdivision 3.
new text end

new text begin Subd. 8. new text end

new text begin Prospective adoptive parent. new text end

new text begin "Prospective adoptive parent" means an
individual who may become an adopting parent regardless of whether the individual
has an adoption study approving the individual for adoption, but who has not signed an
adoption placement agreement.
new text end

Sec. 33.

new text begin [260C.605] REASONABLE EFFORTS TO FINALIZE AN ADOPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin (a) Reasonable efforts to finalize the adoption of a
child under the guardianship of the commissioner shall be made by the responsible social
services agency responsible for permanency planning for the child.
new text end

new text begin (b) Reasonable efforts to make a placement in a home according to the placement
considerations under section 260C.212, subdivision 2, with a relative or foster parent
who will commit to being the permanent resource for the child in the event the child
cannot be reunified with a parent are required under section 260.012 and may be made
concurrently with reasonable, or if the child is an Indian child, active efforts to reunify
the child with the parent.
new text end

new text begin (c) Reasonable efforts under paragraph (b) must begin as soon as possible when the
child is in foster care under this chapter, but not later than the hearing required under
section 260C.204.
new text end

new text begin (d) Reasonable efforts to finalize the adoption of the child include:
new text end

new text begin (1) using age-appropriate engagement strategies to plan for adoption with the child;
new text end

new text begin (2) identifying an appropriate prospective adoptive parent for the child by updating
the child's identified needs using the factors in section 260C.212, subdivision 2;
new text end

new text begin (3) making an adoptive placement that meets the child's needs by:
new text end

new text begin (i) completing or updating the relative search required under section 260C.221 and
giving notice of the need for an adoptive home for the child to:
new text end

new text begin (A) relatives who have kept the agency or the court apprised of their whereabouts
and who have indicated an interest in adopting the child; or
new text end

new text begin (B) relatives of the child who are located in an updated search;
new text end

new text begin (ii) an updated search is required whenever:
new text end

new text begin (A) there is no identified prospective adoptive placement for the child
notwithstanding a finding by the court that the agency made diligent efforts under section
260C.221, in a hearing required under section 260C.202;
new text end

new text begin (B) the child is removed from the home of an adopting parent; or
new text end

new text begin (C) the court determines a relative search by the agency is in the best interests of
the child;
new text end

new text begin (iii) engaging child's foster parent and the child's relatives identified as an adoptive
resource during the search conducted under section 260C.221, to commit to being the
prospective adoptive parent of the child; or
new text end

new text begin (iv) when there is no identified prospective adoptive parent:
new text end

new text begin (A) registering the child on the state adoption exchange as required in section 259.75
unless the agency documents to the court an exemption to placing the child on the state
adoption exchange reported to the commissioner;
new text end

new text begin (B) reviewing all families with approved adoption home studies associated with the
responsible social services agency;
new text end

new text begin (C) presenting the child to adoption agencies and adoption personnel who may assist
with finding an adoptive home for the child;
new text end

new text begin (D) using newspapers and other media to promote the particular child;
new text end

new text begin (E) using a private agency under grant contract with the commissioner to provide
adoption services for intensive child-specific recruitment efforts; and
new text end

new text begin (F) making any other efforts or using any other resources reasonably calculated to
identify a prospective adoption parent for the child;
new text end

new text begin (4) updating and completing the social and medical history required under sections
259.43 and 260C.609;
new text end

new text begin (5) making, and keeping updated, appropriate referrals required by section 260.851,
the Interstate Compact on the Placement of Children;
new text end

new text begin (6) giving notice regarding the responsibilities of an adoptive parent to any
prospective adoptive parent as required under section 259.35;
new text end

new text begin (7) offering the adopting parent the opportunity to apply for or decline adoption
assistance under chapter 259A;
new text end

new text begin (8) certifying the child for adoption assistance, assessing the amount of adoption
assistance, and ascertaining the status of the commissioner's decision on the level of
payment if the adopting parent has applied for adoption assistance;
new text end

new text begin (9) placing the child with siblings. If the child is not placed with siblings, the agency
must document reasonable efforts to place the siblings together, as well as the reason for
separation. The agency may not cease reasonable efforts to place siblings together for final
adoption until the court finds further reasonable efforts would be futile or that placement
together for purposes of adoption is not in the best interests of one of the siblings; and
new text end

new text begin (10) working with the adopting parent to file a petition to adopt the child and with
the court administrator to obtain a timely hearing to finalize the adoption.
new text end

new text begin Subd. 2. new text end

new text begin No waiver. new text end

new text begin (a) The responsible social services agency shall make
reasonable efforts to recruit, assess, and match an adoptive home for any child under
the guardianship of the commissioner and reasonable efforts shall continue until an
adoptive placement is made and adoption finalized or until the child is no longer under the
guardianship of the commissioner.
new text end

new text begin (b) A child of any age who is under the guardianship of the commissioner and is
legally available for adoption may not refuse or waive the responsible social services
agency's reasonable efforts to recruit, identify, and place the child in an adoptive home
required under this section. The agency has an ongoing responsibility to work with the
child to explore the child's opportunities for adoption, and what adoption means for the
child, and may not accept a child's refusal to consider adoption as an option.
new text end

new text begin (c) The court may not relieve or otherwise order the responsible social services
agency to cease fulfilling the responsible social services agency's duty regarding
reasonable efforts to recruit, identify, and place the child in an adoptive home.
new text end

Sec. 34.

new text begin [260C.607] REVIEW OF PROGRESS TOWARD ADOPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Review hearings. new text end

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

new text begin (b) The review of progress toward adoption shall continue notwithstanding that an
appeal is made of the order for guardianship.
new text end

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

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin Notice of review hearings shall be given by the court to:
new text end

new text begin (1) the responsible social services agency;
new text end

new text begin (2) the child, if the child is age ten and older;
new text end

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

new text begin (4) relatives of the child who have kept the court informed of their whereabouts
as required in section 260C.221 and who have responded to the agency's notice under
section 260C.221, indicating a willingness to provide an adoptive home for the child
unless the relative has been previously ruled out by the court as a suitable foster parent or
permanency resource for the child;
new text end

new text begin (5) the current foster or adopting parent of the child;
new text end

new text begin (6) any foster or adopting parents of siblings of the child; and
new text end

new text begin (7) the Indian child's tribe.
new text end

new text begin Subd. 3. new text end

new text begin Right to participate. new text end

new text begin Any individual or entity listed in subdivision 2 may
participate in the continuing reviews conducted under this section. No other individual
or entity is required to be given notice or to participate in the reviews unless the court
specifically orders that notice be given or participation in the reviews be required.
new text end

new text begin Subd. 4. new text end

new text begin Content of review. new text end

new text begin (a) The court shall review:
new text end

new text begin (1) the agency's reasonable efforts under section 260C.605 to finalize an adoption
for the child as appropriate to the stage of the case; and
new text end

new text begin (2) the child's current out-of-home placement plan required under section 260C.212,
subdivision 1, to ensure the child is receiving all services and supports required to meet
the child's needs as they relate to the child's:
new text end

new text begin (i) placement;
new text end

new text begin (ii) visitation and contact with siblings;
new text end

new text begin (iii) visitation and contact with relatives;
new text end

new text begin (iv) medical, mental, and dental health; and
new text end

new text begin (v) education.
new text end

new text begin (b) When the child is age 16 and older, and as long as the child continues in foster
care, the court shall also review the agency's planning for the child's independent living
after leaving foster care including how the agency is meeting the requirements of section
260C.212, subdivision 1, paragraph (c), clause (11). The court shall use the review
requirements of section 260C.203, in any review conducted under this paragraph.
new text end

new text begin Subd. 5. new text end

new text begin Required placement by responsible social services agency. new text end

new text begin (a) No
petition for adoption shall be filed for a child under the guardianship of the commissioner
unless the child sought to be adopted has been placed for adoption with the adopting
parent by the responsible social services agency. The court may order the agency to make
an adoptive placement using standards and procedures under subdivision 6.
new text end

new text begin (b) Any relative or the child's foster parent who believes the responsible agency
has not reasonably considered their request to be considered for adoptive placement as
required under section 260C.212, subdivision 2, and who wants to be considered for
adoptive placement of the child shall bring their request for consideration to the attention
of the court during a review required under this section. The child's guardian ad litem and
the child may also bring a request for a relative or the child's foster parent to be considered
for adoptive placement. After hearing from the agency, the court may order the agency to
take appropriate action regarding the relative's or foster parent's request for consideration
under section 260C.212, subdivision 2, paragraph (b).
new text end

new text begin Subd. 6. new text end

new text begin Motion and hearing to order adoptive placement. new text end

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

new text begin (1) has an adoption home study under section 259.41 approving the relative or foster
parent for adoption and has been a resident of Minnesota for at least six months before
filing the motion. The court may waive the residency requirement for the moving party
if there is a reasonable basis to do so; or
new text end

new text begin (2) is not a resident of Minnesota, but has an approved adoption home study by
an agency licensed or approved to complete an adoption home study in the state of the
individual's residence and the study is filed with the motion for adoptive placement.
new text end

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

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

new text begin (d) At the evidentiary hearing the responsible social services agency shall proceed
first with evidence about the reason for not making the adoptive placement proposed by the
moving party. The moving party then has the burden of proving by a preponderance of the
evidence that the agency has been unreasonable in failing to make the adoptive placement.
new text end

new text begin (e) At the conclusion of the evidentiary hearing, if the court finds that the agency
has been unreasonable in failing to make the adoptive placement and that the relative or
the child's foster parent is the most suitable adoptive home to meet the child's needs
using the factors in section 260C.212, subdivision 2, paragraph (b), the court may order
the responsible social services agency to make an adoptive placement in the home of the
relative or the child's foster parent.
new text end

new text begin (f) In order to ensure that a timely adoption may occur, when the court orders the
responsible social services agency to make an adoptive placement under this subdivision,
the agency shall:
new text end

new text begin (1) make reasonable efforts to obtain a fully executed adoption placement agreement;
new text end

new text begin (2) work with the moving party regarding eligibility for adoption assistance as
required under chapter 259A; and
new text end

new text begin (3) if the moving party is not a resident of Minnesota, timely refer the matter for
approval of the adoptive placement through the Interstate Compact on the Placement of
Children, section 260.851 et al.
new text end

new text begin (g) Denial or granting of a motion for an order for adoptive placement after an
evidentiary hearing is an order, which may be appealed by the responsible social services
agency, the moving party, the child, when age ten or over, the child's guardian ad litem,
and any individual who had a fully executed adoption placement agreement regarding
the child at the time the motion was filed if the court's order has the effect of terminating
the adoption placement agreement. An appeal shall be conducted according to the
requirements of the Rules of Juvenile Protection Procedure.
new text end

new text begin Subd. 7. new text end

new text begin Changing adoptive plan when parent has consented to adoption.
new text end

new text begin When the child's parent has consented to adoption under section 260C.515, subdivision 3,
only the person identified by the parent and agreed to by the agency as the prospective
adoptive parent qualifies for adoptive placement of the child until the responsible social
services agency has reported to the court and the court has found in a hearing under this
section that it is not possible to finalize an adoption by the identified prospective adoptive
parent within 12 months of the execution of the consent to adopt under section 260C.515,
subdivision 3, unless the responsible social services agency certifies that the failure to
finalize is not due to either an action or a failure to act by the prospective adoptive parent.
new text end

new text begin Subd. 8. new text end

new text begin Timing modified. new text end

new text begin (a) The court may review the responsible social services
agency's reasonable efforts to finalize an adoption more frequently than every 90 days
whenever a more frequent review would assist in finalizing the adoption.
new text end

new text begin (b) In appropriate cases, the court may review the responsible social services
agency's reasonable efforts to finalize an adoption less frequently than every 90 days. The
court shall not find it appropriate to review progress toward adoption less frequently
than every 90 days except when:
new text end

new text begin (1) the court has approved the agency's reasonable efforts to recruit, identify, and
place the child in an adoptive home on a continuing basis for at least 24 months after the
court has issued the order for guardianship;
new text end

new text begin (2) the child is at least 16 years old; and
new text end

new text begin (3) the child's guardian ad litem agrees that review less frequently than every 90
days is in the child's best interests.
new text end

new text begin (c) In no event shall the court's review be less frequent than every six months.
new text end

Sec. 35.

new text begin [260C.609] SOCIAL AND MEDICAL HISTORY.
new text end

new text begin (a) The responsible social services agency shall work with the birth family of the
child, foster family, medical and treatment providers, and the child's school to ensure there
is a detailed, thorough, and currently up-to-date social and medical history of the child as
required under section 259.43 on the forms required by the commissioner.
new text end

new text begin (b) When the child continues in foster care, the agency's reasonable efforts to
complete the history shall begin no later than the permanency progress review hearing
required under section 260C.204 or six months after the child's placement in foster care.
new text end

new text begin (c) The agency shall thoroughly discuss the child's history with the adopting parent
of the child and shall give a copy of the report of the child's social and medical history
to the adopting parent. A copy of the child's social and medical history may also be
given to the child as appropriate.
new text end

new text begin (d) The report shall not include information that identifies birth relatives. Redacted
copies of all the child's relevant evaluations, assessments, and records must be attached
to the social and medical history.
new text end

Sec. 36.

new text begin [260C.611] ADOPTION STUDY REQUIRED.
new text end

new text begin An adoption study under section 259.41 approving placement of the child in the
home of the prospective adoptive parent shall be completed before placing any child
under the guardianship of the commissioner in a home for adoption. If a prospective
adoptive parent has previously held a foster care license or adoptive home study, any
update necessary to the foster care license, or updated or new adoptive home study, if not
completed by the licensing authority responsible for the previous license or home study,
shall include collateral information from the previous licensing or approving agency, if
available.
new text end

Sec. 37.

new text begin [260C.613] SOCIAL SERVICES AGENCY AS COMMISSIONER'S
AGENT.
new text end

new text begin Subdivision 1. new text end

new text begin Adoptive placement decisions. new text end

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

new text begin (b) The responsible social services agency shall use an individualized determination
of the child's current needs pursuant to section 260C.212, subdivision 2, paragraph (b), to
determine the most suitable adopting parent for the child in the child's best interests.
new text end

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

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

new text begin Subd. 2. new text end

new text begin Disclosure of data permitted to identify adoptive parent. new text end

new text begin The
responsible social services agency may disclose private data, as defined in section 13.02, to
prospective adoptive parents for the purpose of identifying an adoptive parent willing and
able to meet the child's needs as outlined in section 260C.212, subdivision 2, paragraph (b).
new text end

new text begin Subd. 3. new text end

new text begin Siblings placed together. new text end

new text begin The responsible social services agency shall
place siblings together for adoption according to section 260.012, paragraph (e), clause
(4), unless:
new text end

new text begin (1) the court makes findings required under section 260C.617; and
new text end

new text begin (2) the court orders that the adoption or progress toward adoption of the child under
the court's jurisdiction may proceed notwithstanding that the adoption will result in
siblings being separated.
new text end

new text begin Subd. 4. new text end

new text begin Other considerations. new text end

new text begin Placement of a child cannot be delayed or denied
based on the race, color, or national origin of the prospective parent or the child.
new text end

new text begin Subd. 5. new text end

new text begin Required record keeping. new text end

new text begin The responsible social services agency
shall document, in the records required to be kept under section 259.79, the reasons
for the adoptive placement decision regarding the child, including the individualized
determination of the child's needs based on the factors in section 260C.212, subdivision
2, paragraph (b), and the assessment of how the selected adoptive placement meets the
identified needs of the child. The responsible social services agency shall retain in the
records required to be kept under section 259.79, copies of all out-of-home placement
plans made since the child was ordered under guardianship of the commissioner and all
court orders from reviews conducted pursuant to section 260C.607.
new text end

new text begin Subd. 6. new text end

new text begin Death notification. new text end

new text begin (a) The agency shall inform the adoptive parents
that the adoptive parents of an adopted child under age 19 or an adopted person age 19
or older may maintain a current address on file with the agency and indicate a desire to
be notified if the agency receives information of the death of a birth parent. The agency
shall notify the birth parents of the child's death and the cause of death, if known, provided
that the birth parents desire notice and maintain current addresses on file with the agency.
The agency shall inform birth parents entitled to notice under section 259.27, that they
may designate individuals to notify the agency if a birth parent dies and that the agency
receiving information of the birth parent's death will share the information with adoptive
parents, if the adopted person is under age 19, or an adopted person age 19 or older who
has indicated a desire to be notified of the death of a birth parent and who maintains
a current address on file with the agency.
new text end

new text begin (b) Notice to a birth parent that a child has died or to the adoptive parents or an
adopted person age 19 or older that a birth parent has died shall be provided by an
employee of the agency through personal and confidential contact, but not by mail.
new text end

new text begin Subd. 7. new text end

new text begin Terminal illness notification. new text end

new text begin If a birth parent or the child is terminally ill,
the responsible social services agency shall inform the adoptive parents and birth parents
of a child who is adopted that the birth parents, the adoptive parents of an adopted person
under age 19, or an adopted person age 19 or older may request to be notified of the
terminal illness. The agency shall notify the other parties if a request is received under
this subdivision and upon a party's request the agency shall share information regarding a
terminal illness with the adoptive or birth parents or an adopted person age 19 or older.
new text end

new text begin Subd. 8. new text end

new text begin Postadoption search services. new text end

new text begin The responsible social services agency
shall respond to requests from adopted persons aged 19 years and over, adoptive parents
of a minor child, and birth parents for: social and medical history and genetic health
conditions of the adopted person's birth family and genetic sibling information, according
to section 259.83.
new text end

Sec. 38.

new text begin [260C.615] DUTIES OF COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

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

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

new text begin (2) the child donating a part of the child's body to another person while the child
is living. The decision to donate a body part under this subdivision shall take into
consideration the child's wishes and the child's culture.
new text end

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

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

new text begin (2) process any complete and accurate application for adoption assistance forwarded
by the responsible social services agency according to chapter 259A;
new text end

new text begin (3) complete the execution of an adoption placement agreement forwarded to the
commissioner by the responsible social services agency and return it to the agency in a
timely fashion; and
new text end

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

new text begin Subd. 2. new text end

new text begin Duties not reserved. new text end

new text begin All duties, obligations, and consents not specifically
reserved to the commissioner in this section are delegated to the responsible social
services agency.
new text end

Sec. 39.

new text begin [260C.617] SIBLING PLACEMENT.
new text end

new text begin (a) The responsible social services agency shall make every effort to place siblings
together for adoption.
new text end

new text begin (b) The court shall review any proposal by the responsible social services agency to
separate siblings for purposes of adoption.
new text end

new text begin (c) If there is venue in more than one county for matters regarding siblings who are
under the guardianship of the commissioner, the judges conducting reviews regarding
the siblings shall communicate with each other about the siblings' needs and, where
appropriate, shall conduct review hearings in a manner that ensures coordinated planning
by agencies involved in decision making for the siblings.
new text end

new text begin (d) After notice to the individuals and entities listed in section 260C.627, the foster
or prospective adoptive parent of the child, and any foster, adopting, or adoptive parents
of the child's siblings, or relatives with permanent legal and physical custody of the
child's sibling, and upon hearing, the court may determine that a child under the court's
jurisdiction may be separated from the child's sibling for adoption when:
new text end

new text begin (1) the responsible social services agency has made reasonable efforts to place the
siblings together, and after finding reasonable efforts have been made, the court finds
further efforts would significantly delay the adoption of one or more of the siblings and
are therefore not in the best interests of one or more of the siblings; or
new text end

new text begin (2) the court determines it is not in the best interests of one or more of the siblings to
be placed together after reasonable efforts by the responsible social services agency to
place the siblings together.
new text end

Sec. 40.

new text begin [260C.619] COMMUNICATION AND CONTACT AGREEMENTS.
new text end

new text begin (a) An adopting parent and a relative or foster parent of the child may enter into an
agreement regarding communication with or contact between the adopted child, adopting
parent, and the relative or foster parent. An agreement may be entered between:
new text end

new text begin (1) an adopting parent and a birth parent;
new text end

new text begin (2) an adopting parent and any relative or foster parent with whom the child resided
before being adopted; and
new text end

new text begin (3) an adopting parent and the parent or legal custodian of a sibling of the child, if
the sibling is a minor, or any adult sibling of the child.
new text end

new text begin (b) An agreement regarding communication with or contact between the child,
adoptive parents, and a relative or foster parent, is enforceable when the terms of the
agreement are contained in a written court order. The order must be issued before or at the
time of the granting of the decree of adoption. The order granting the communication,
contact, or visitation shall be filed in the adoption file.
new text end

new text begin (c) The court shall mail a certified copy of the order to the parties to the agreement or
their representatives at the addresses provided by the parties to the agreement. Service shall
be completed in a manner that maintains the confidentiality of confidential information.
new text end

new text begin (d) The court shall not enter a proposed order unless the terms of the order have been
approved in writing by the prospective adoptive parents, the birth relative, the foster
parent, or the birth parent or legal custodian of the child's sibling who desires to be a party
to the agreement, and the responsible social services agency.
new text end

new text begin (e) An agreement under this section need not disclose the identity of the parties to be
legally enforceable and when the identity of the parties to the agreement is not disclosed,
data about the identities in the adoption file shall remain confidential.
new text end

new text begin (f) The court shall not enter a proposed order unless the court finds that the
communication or contact between the minor adoptee, the adoptive parents, and the
relative, foster parents, or siblings as agreed upon and contained in the proposed order,
would be in the child's best interests.
new text end

new text begin (g) Failure to comply with the terms of an order regarding communication or contact
that has been entered by the court under this section is not grounds for:
new text end

new text begin (1) setting aside an adoption decree; or
new text end

new text begin (2) revocation of a written consent to an adoption after that consent has become
irrevocable.
new text end

new text begin (h) An order regarding communication or contact entered under this section may be
enforced by filing a motion in the existing adoption file with the court that entered the
contact agreement. Any party to the communication or contact order or the child who is
the subject of the order has standing to file the motion to enforce the order. The prevailing
party may be awarded reasonable attorney fees and costs.
new text end

new text begin (i) The court shall not modify an order under this section unless it finds that the
modification is necessary to serve the best interests of the child, and:
new text end

new text begin (1) the modification is agreed to by the parties to the agreement; or
new text end

new text begin (2) exceptional circumstances have arisen since the order was entered that justified
modification of the order.
new text end

Sec. 41.

new text begin [260C.621] JURISDICTION AND VENUE.
new text end

new text begin Subdivision 1. new text end

new text begin Jurisdiction. new text end

new text begin (a) The juvenile court has original jurisdiction for all
adoption proceedings involving the adoption of a child under the guardianship of the
commissioner, including when the commissioner approves the placement of the child
through the Interstate Compact on the Placement of Children under section 260.851 for
adoption outside the state of Minnesota and an adoption petition is filed in Minnesota.
new text end

new text begin (b) The receiving state also has jurisdiction to conduct an adoption proceeding for a
child under the guardianship of the commissioner when the adopting home was approved
by the receiving state through the interstate compact.
new text end

new text begin Subd. 2. new text end

new text begin Venue. new text end

new text begin (a) Venue for the adoption of a child committed to the guardianship
of the commissioner of human services shall be the court conducting reviews in the matter
according to section 260C.607.
new text end

new text begin (b) Upon request of the responsible social services agency, the court conducting
reviews under section 260C.607 may order that filing an adoption petition involving a
child under the guardianship of the commissioner be permitted in the county where the
adopting parent resides upon determining that:
new text end

new text begin (1) there is no motion for an order for adoptive placement of the child that has been
filed or is reasonably anticipated by the responsible social services agency to be filed; and
new text end

new text begin (2) filing the petition in the adopting parent's county of residence will expedite the
proceedings and serve the best interests of the child.
new text end

new text begin (c) When the court issues an order under paragraph (b), a copy of the court order
shall be filed together with the adoption petition in the court of the adopting parent's
county of residence.
new text end

new text begin (d) The court shall notify the court conducting reviews under section 260C.607
when the adoption is finalized so that the court conducting reviews under section 260C.607
may close its jurisdiction and the court record, including the court's electronic case record,
in the county conducting the reviews, shall reflect that adoption of the child was finalized.
new text end

Sec. 42.

new text begin [260C.623] ADOPTION PETITION.
new text end

new text begin Subdivision 1. new text end

new text begin Who may petition. new text end

new text begin (a) The responsible social services agency may
petition for the adopting parent to adopt a child who is under the guardianship of the
commissioner. The petition shall contain or have attached a statement certified by the
adopting parent that the adopting parent desires that the relationship of parent and child
be established between the adopting parent and the child and that adoption is in the best
interests of the child.
new text end

new text begin (b) The adopting parent may petition the court for adoption of the child.
new text end

new text begin (c) An adopting parent must be at least 21 years of age at the time the adoption
petition is filed unless the adopting parent is an individual related to the child, as defined
by section 245A.02, subdivision 13.
new text end

new text begin (d) The petition may be filed in Minnesota by an adopting parent who resides within
or outside the state.
new text end

new text begin Subd. 2. new text end

new text begin Time for filing petition. new text end

new text begin (a) An adoption petition shall be filed not later
than nine months after the date of the fully executed adoption placement agreement unless
the court finds that:
new text end

new text begin (1) the time for filing a petition be extended because of the child's special needs
as defined under title IV-E of the federal Social Security Act, United States Code, title
42, section 672; or
new text end

new text begin (2) based on a written plan for completing filing of the petition, including a specific
timeline, to which the adopting parent has agreed, the time for filing a petition be extended
long enough to complete the plan because an extension is in the best interests of the child
and additional time is needed for the child to adjust to the adoptive home.
new text end

new text begin (b) If an adoption petition is not filed within nine months of the execution of the
adoption placement agreement as required under section 260C.613, subdivision 1, and
after giving the adopting parent written notice of its request together with the date and
time of the hearing set to consider its report, the responsible social services agency shall
file a report requesting an order for one of the following:
new text end

new text begin (1) that the time for filing a petition be extended because of the child's special needs
as defined under title IV-E of the federal Social Security Act, United States Code, title
42, section 673;
new text end

new text begin (2) that, based on a written plan for completing filing of the petition, including a
specific timeline, to which the adopting parent has agreed, the time for filing a petition can
be extended long enough to complete the plan because an extension is in the best interests
of the child and additional time is needed for the child to adjust to the adoptive home; or
new text end

new text begin (3) that the child can be removed from the adopting home.
new text end

new text begin (c) At the conclusion of the review, the court shall issue findings, appropriate orders
for the parties to take action or steps required to advance the case toward a finalized
adoption, and set the date and time for the next review hearing.
new text end

new text begin Subd. 3. new text end

new text begin Requirements of petition. new text end

new text begin (a) The petition shall be captioned in the legal
name of the child as that name is reflected on the child's birth record prior to adoption and
shall be entitled "Petition to Adopt Child under the Guardianship of the Commissioner
of Human Services." The actual name of the child shall be supplied to the court by the
responsible social services agency if unknown to the individual with whom the agency
has made the adoptive placement.
new text end

new text begin (b) The adoption petition shall be verified as required in section 260C.141,
subdivision 4, and, if filed by the responsible social services agency, signed and approved
by the county attorney.
new text end

new text begin (c) The petition shall state:
new text end

new text begin (1) the full name, age, and place of residence of the adopting parent;
new text end

new text begin (2) if the adopting parents are married, the date and place of marriage;
new text end

new text begin (3) the date the adopting parent acquired physical custody of the child;
new text end

new text begin (4) the date of the adoptive placement by the responsible social services agency;
new text end

new text begin (5) the date of the birth of the child, if known, and the county, state, and country
where born;
new text end

new text begin (6) the name to be given the child, if a change of name is desired;
new text end

new text begin (7) the description and value of any real or personal property owned by the child;
new text end

new text begin (8) the relationship of the adopting parent to the child prior to adoptive placement, if
any;
new text end

new text begin (9) whether the Indian Child Welfare Act does or does not apply; and
new text end

new text begin (10) the name and address of:
new text end

new text begin (i) the child's guardian ad litem;
new text end

new text begin (ii) the adoptee, if age ten or older;
new text end

new text begin (iii) the child's Indian tribe, if the child is an Indian child; and
new text end

new text begin (iv) the responsible social services agency.
new text end

new text begin (d) A petition may ask for the adoption of two or more children.
new text end

new text begin (e) If a petition is for adoption by a married person, both spouses must sign the
petition indicating willingness to adopt the child and the petition must ask for adoption by
both spouses unless the court approves adoption by only one spouse when spouses do not
reside together or for other good cause shown.
new text end

new text begin (f) If the petition is for adoption by a person residing outside the state, the adoptive
placement must have been approved by the state where the person is a resident through the
Interstate Compact on the Placement of Children, sections 260.851 to 260.92.
new text end

new text begin Subd. 4. new text end

new text begin Attachments to the petition. new text end

new text begin The following must be filed with the petition:
new text end

new text begin (1) the adoption study report required under section 259.41;
new text end

new text begin (2) the social and medical history required under sections 259.43 and 260C.609; and
new text end

new text begin (3) a document prepared by the petitioner that establishes who must be given notice
under section 260C.627, subdivision 1, that includes the names and mailing addresses of
those to be served by the court administrator.
new text end

Sec. 43.

new text begin [260C.625] DOCUMENTS FILED BY SOCIAL SERVICES AGENCY.
new text end

new text begin (a) The following shall be filed by the responsible social services agency prior to
finalization of the adoption:
new text end

new text begin (1) a certified copy of the child's birth record;
new text end

new text begin (2) a certified copy of the findings and order terminating parental rights or order
accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for
guardianship to the commissioner;
new text end

new text begin (3) a copy of any communication or contact agreement under section 260C.619;
new text end

new text begin (4) certification that the Minnesota Fathers' Adoption Registry has been searched
which requirement may be met according to the requirements of the Minnesota Rules of
Adoption Procedure, Rule 32.01, subdivision 2;
new text end

new text begin (5) the original of each consent to adoption required, if any, unless the original was
filed in the permanency proceeding conducted under section 260C.515, subdivision 3, and
the order filed under clause (2) has a copy of the consent attached; and
new text end

new text begin (6) the postplacement assessment report required under section 259.53, subdivision
2.
new text end

new text begin (b) The responsible social services agency shall provide any known aliases of the
child to the court.
new text end

Sec. 44.

new text begin [260C.627] NOTICE OF ADOPTION PROCEEDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin To whom given. new text end

new text begin (a) Notice of the adoption proceedings shall not
be given to any parent whose rights have been terminated or who has consented to the
adoption of the child under this chapter.
new text end

new text begin (b) Notice of the adoption proceedings shall be given to the following:
new text end

new text begin (1) the child's tribe if the child is an Indian child;
new text end

new text begin (2) the responsible social services agency;
new text end

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

new text begin (4) the child, if the child is age ten or over;
new text end

new text begin (5) the child's attorney; and
new text end

new text begin (6) the adopting parent.
new text end

new text begin (c) Notice of a hearing regarding the adoption petition shall have a copy of the
petition attached unless service of the petition has already been accomplished.
new text end

new text begin Subd. 2. new text end

new text begin Method of service. new text end

new text begin Notice of adoption proceedings for a child under the
guardianship of the commissioner may be served by United States mail or any other
method approved by the Minnesota Rules of Adoption Procedure.
new text end

Sec. 45.

new text begin [260C.629] FINALIZATION HEARING.
new text end

new text begin Subdivision 1. new text end

new text begin Consent. new text end

new text begin (a) A parent whose rights to the child have not been
terminated must consent to the adoption of the child. A parent may consent to the adoption
of the child under section 260C.515, subdivision 3, and that consent shall be irrevocable
upon acceptance by the court except as otherwise provided in section 260C.515,
subdivision 3, clause (2)(i). A parent of an Indian child may consent to the adoption of
the child according to United States Code, title 25, section 1913, and that consent may be
withdrawn for any reason at any time before the entry of a final decree of adoption.
new text end

new text begin (b) When the child to be adopted is age 14 years or older, the child's written consent
to adoption by the adopting parent is required.
new text end

new text begin (c) Consent by the responsible social services agency or the commissioner is not
required because the adoptive placement has been made by the responsible social services
agency.
new text end

new text begin Subd. 2. new text end

new text begin Required documents. new text end

new text begin In order to issue a decree for adoption and enter
judgment accordingly, the court must have the following documents in the record:
new text end

new text begin (1) original birth record of the child;
new text end

new text begin (2) adoption study report including a background study required under section
259.41;
new text end

new text begin (3) a certified copy of the findings and order terminating parental rights or order
accepting the parent's consent to adoption under section 260C.515, subdivision 3, and for
guardianship to the commissioner;
new text end

new text begin (4) any consents required under subdivision 1;
new text end

new text begin (5) child's social and medical history under section 260C.609;
new text end

new text begin (6) postplacement assessment report required under section 259.53, subdivision 2,
unless waived by the court on the record at a hearing under section 260C.607; and
new text end

new text begin (7) report from the child's guardian ad litem.
new text end

Sec. 46.

new text begin [260C.631] JUDGMENT AND DECREE.
new text end

new text begin (a) After taking testimony from the responsible social services agency, which may
be by telephone or affidavit if the court has transferred venue of the matter to a county
not conducting the posttermination of parental rights reviews under section 260C.607,
and the adopting parent, if the court finds that it is in the best interests of the child that
the petition be granted, a decree of adoption shall be issued ordering that the child to be
adopted shall be the child of the adopting parent. In the decree, the court may change the
name of the adopted child, if a name change is requested.
new text end

new text begin (b) After the decree is granted, the court administrator shall mail a copy of the decree
to the commissioner of human services.
new text end

Sec. 47.

new text begin [260C.633] ADOPTION DENIED.
new text end

new text begin (a) If the court is not satisfied that the proposed adoption is in the best interests of
the child to be adopted, the court shall deny the petition, and order the responsible social
services agency to take appropriate action for the protection and safety of the child. If
venue has been transferred under section 260C.621, subdivision 2, the court denying
the petition shall notify the court originally conducting the guardianship reviews under
section 260C.607.
new text end

new text begin (b) The court responsible for conducting reviews under section 260C.607 shall set a
hearing within 30 days of receiving notice of denial of the petition.
new text end

new text begin (c) Any appeal of the denial of an adoption petition under this section shall be made
according to the requirements of the Minnesota Rules of Adoption Procedure.
new text end

Sec. 48.

new text begin [260C.635] EFFECT OF ADOPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Legal effect. new text end

new text begin (a) Upon adoption, the adopted child becomes the legal
child of the adopting parent and the adopting parent becomes the legal parent of the child
with all the rights and duties between them of a birth parent and child.
new text end

new text begin (b) The child shall inherit from the adoptive parent and the adoptive parent's
relatives the same as though the child were the birth child of the parent, and in case of the
child's death intestate, the adoptive parent and the adoptive parent's relatives shall inherit
the child's estate as if the child had been the adoptive parent's birth child.
new text end

new text begin (c) After a decree of adoption is entered, the birth parents or previous legal parents
of the child shall be relieved of all parental responsibilities for the child except child
support that has accrued to the date of the order for guardianship to the commissioner
which continues to be due and owing. The child's birth or previous legal parent shall not
exercise or have any rights over the adopted child or the adopted child's property, person,
privacy, or reputation.
new text end

new text begin (d) The adopted child shall not owe the birth parents or the birth parent's relatives
any legal duty nor shall the adopted child inherit from the birth parents or kindred unless
otherwise provided for in a will of the birth parent or kindred.
new text end

new text begin (e) Upon adoption, the court shall complete a certificate of adoption form and mail
the form to the Office of the State Registrar at the Minnesota Department of Health. Upon
receiving the certificate of adoption, the State Registrar shall register a replacement vital
record in the new name of the adopted child as required under section 144.218.
new text end

new text begin Subd. 2. new text end

new text begin Enrollment in American Indian tribe. new text end

new text begin Notwithstanding the provisions
of subdivision 1, the adoption of a child whose birth parent or parents are enrolled in an
American Indian tribe shall not change the child's enrollment in that tribe.
new text end

new text begin Subd. 3. new text end

new text begin Communication or contact agreements. new text end

new text begin This section does not prohibit
birth parents, relatives, birth or legal siblings, and adoptive parents from entering a
communication or contact agreement under section 260C.619.
new text end

Sec. 49.

new text begin [260C.637] ACCESS TO ORIGINAL BIRTH RECORD
INFORMATION.
new text end

new text begin An adopted person may ask the commissioner of health to disclose the information
on the adopted person's original birth record according to section 259.89.
new text end

Sec. 50.

Minnesota Statutes 2010, section 541.04, is amended to read:

541.04 JUDGMENTS, TEN deleted text begin OR 20deleted text end YEARS.

No action shall be maintained upon a judgment or decree of a court of the United
States, or of any state or territory thereof, unless begun within ten years after the entry of
such judgment deleted text begin or, in the case of a judgment for child support, including a judgment by
operation of law, unless begun within 20 years after entry of the judgmentdeleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to this section are effective retroactively
from April 15, 2010, the date the language stricken in this section was finally enacted.
new text end

Sec. 51.

Minnesota Statutes 2010, section 548.09, subdivision 1, is amended to read:

Subdivision 1.

Entry and docketing; survival of judgment.

Except as provided
in section 548.091, every judgment requiring the payment of money shall be entered
by the court administrator when ordered by the court and will be docketed by the court
administrator upon the filing of an affidavit as provided in subdivision 2. Upon a transcript
of the docket being filed with the court administrator in any other county, the court
administrator shall also docket it. From the time of docketing the judgment is a lien, in
the amount unpaid, upon all real property in the county then or thereafter owned by the
judgment debtor, but it is not a lien upon registered land unless it is also recorded pursuant
to sections 508.63 and 508A.63. The judgment survives, and the lien continues, for ten
years after its entry deleted text begin or, in the case of a judgment for child support, including a judgment
by operation of law, for 20 years after its entrydeleted text end . Child support judgments may be renewed
pursuant to section 548.091.

new text begin EFFECTIVE DATE. new text end

new text begin The amendments to this section are effective retroactively
from April 15, 2010, the date the language stricken in this section was finally enacted.
new text end

Sec. 52.

Minnesota Statutes 2010, section 609.3785, is amended to read:

609.3785 UNHARMED NEWBORNS LEFT AT HOSPITALS; AVOIDANCE
OF PROSECUTION.

A person may leave a newborn with deleted text begin a hospitaldeleted text end new text begin an new text end employee at a deleted text begin hospitaldeleted text end new text begin safe place
or with a 911 responder new text end in this state without being subjected to prosecution for that act,
provided that:

(1) the newborn was born within deleted text begin 72 hoursdeleted text end new text begin seven days new text end of being left at deleted text begin the hospitaldeleted text end new text begin a
safe place or with a 911 respondernew text end , as determined within a reasonable degree of medical
certainty;

(2) the newborn is left in an unharmed condition; and

(3) in cases where the person leaving the newborn is not the newborn's mother, the
person has the mother's approval to do so.

Sec. 53.

Minnesota Statutes 2010, section 626.556, subdivision 2, is amended to read:

Subd. 2.

Definitions.

As used in this section, the following terms have the meanings
given them unless the specific content indicates otherwise:

(a) "Family assessment" means a comprehensive assessment of child safety, risk
of subsequent child maltreatment, and family strengths and needs that is applied to a
child maltreatment report that does not allege substantial child endangerment. Family
assessment does not include a determination as to whether child maltreatment occurred
but does determine the need for services to address the safety of family members and the
risk of subsequent maltreatment.

(b) "Investigation" means fact gathering related to the current safety of a child
and the risk of subsequent maltreatment that determines whether child maltreatment
occurred and whether child protective services are needed. An investigation must be used
when reports involve substantial child endangerment, and for reports of maltreatment in
facilities required to be licensed under chapter 245A or 245B; under sections 144.50 to
144.58 and 241.021; in a school as defined in sections 120A.05, subdivisions 9, 11, and
13, and 124D.10; or in a nonlicensed personal care provider association as defined in
sections 256B.04, subdivision 16, and 256B.0625, subdivision 19a.

(c) "Substantial child endangerment" means a person responsible for a child's care,
and in the case of sexual abuse includes a person who has a significant relationship to the
child as defined in section 609.341, or a person in a position of authority as defined in
section 609.341, who by act or omission commits or attempts to commit an act against a
child under their care that constitutes any of the following:

(1) egregious harm as defined in section 260C.007, subdivision 14;

(2) sexual abuse as defined in paragraph (d);

(3) abandonment under section 260C.301, subdivision 2;

(4) neglect as defined in paragraph (f), clause (2), that substantially endangers the
child's physical or mental health, including a growth delay, which may be referred to as
failure to thrive, that has been diagnosed by a physician and is due to parental neglect;

(5) murder in the first, second, or third degree under section 609.185, 609.19, or
609.195;

(6) manslaughter in the first or second degree under section 609.20 or 609.205;

(7) assault in the first, second, or third degree under section 609.221, 609.222, or
609.223;

(8) solicitation, inducement, and promotion of prostitution under section 609.322;

(9) criminal sexual conduct under sections 609.342 to 609.3451;

(10) solicitation of children to engage in sexual conduct under section 609.352;

(11) malicious punishment or neglect or endangerment of a child under section
609.377 or 609.378;

(12) use of a minor in sexual performance under section 617.246; or

(13) parental behavior, status, or condition which mandates that the county attorney
file a termination of parental rights petition under section 260C.301, subdivision 3,
paragraph (a).

(d) "Sexual abuse" means the subjection of a child by a person responsible for the
child's care, by a person who has a significant relationship to the child, as defined in
section 609.341, or by a person in a position of authority, as defined in section 609.341,
subdivision 10, to any act which constitutes a violation of section 609.342 (criminal sexual
conduct in the first degree), 609.343 (criminal sexual conduct in the second degree),
609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct
in the fourth degree), or 609.3451 (criminal sexual conduct in the fifth degree). Sexual
abuse also includes any act which involves a minor which constitutes a violation of
prostitution offenses under sections 609.321 to 609.324 or 617.246. Sexual abuse includes
threatened sexual abuse.

(e) "Person responsible for the child's care" means (1) an individual functioning
within the family unit and having responsibilities for the care of the child such as a
parent, guardian, or other person having similar care responsibilities, or (2) an individual
functioning outside the family unit and having responsibilities for the care of the child
such as a teacher, school administrator, other school employees or agents, or other lawful
custodian of a child having either full-time or short-term care responsibilities including,
but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching,
and coaching.

(f) "Neglect" means the commission or omission of any of the acts specified under
clauses (1) to (9), other than by accidental means:

(1) failure by a person responsible for a child's care to supply a child with necessary
food, clothing, shelter, health, medical, or other care required for the child's physical or
mental health when reasonably able to do so;

(2) failure to protect a child from conditions or actions that seriously endanger the
child's physical or mental health when reasonably able to do so, including a growth delay,
which may be referred to as a failure to thrive, that has been diagnosed by a physician and
is due to parental neglect;

(3) failure to provide for necessary supervision or child care arrangements
appropriate for a child after considering factors as the child's age, mental ability, physical
condition, length of absence, or environment, when the child is unable to care for the
child's own basic needs or safety, or the basic needs or safety of another child in their care;

(4) failure to ensure that the child is educated as defined in sections 120A.22 and
260C.163, subdivision 11, which does not include a parent's refusal to provide the parent's
child with sympathomimetic medications, consistent with section 125A.091, subdivision 5;

(5) nothing in this section shall be construed to mean that a child is neglected solely
because the child's parent, guardian, or other person responsible for the child's care in
good faith selects and depends upon spiritual means or prayer for treatment or care of
disease or remedial care of the child in lieu of medical care; except that a parent, guardian,
or caretaker, or a person mandated to report pursuant to subdivision 3, has a duty to report
if a lack of medical care may cause serious danger to the child's health. This section does
not impose upon persons, not otherwise legally responsible for providing a child with
necessary food, clothing, shelter, education, or medical care, a duty to provide that care;

(6) prenatal exposure to a controlled substance, as defined in section 253B.02,
subdivision 2, used by the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test performed on the mother at
delivery or the child at birth, or medical effects or developmental delays during the child's
first year of life that medically indicate prenatal exposure to a controlled substance;

(7) "medical neglect" as defined in section 260C.007, subdivision 6, clause (5);

(8) chronic and severe use of alcohol or a controlled substance by a parent or
person responsible for the care of the child that adversely affects the child's basic needs
and safety; or

(9) emotional harm from a pattern of behavior which contributes to impaired
emotional functioning of the child which may be demonstrated by a substantial and
observable effect in the child's behavior, emotional response, or cognition that is not
within the normal range for the child's age and stage of development, with due regard to
the child's culture.

(g) "Physical abuse" means any physical injury, mental injury, or threatened injury,
inflicted by a person responsible for the child's care on a child other than by accidental
means, or any physical or mental injury that cannot reasonably be explained by the child's
history of injuries, or any aversive or deprivation procedures, or regulated interventions,
that have not been authorized under section 121A.67 or 245.825.

Abuse does not include reasonable and moderate physical discipline of a child
administered by a parent or legal guardian which does not result in an injury. Abuse does
not include the use of reasonable force by a teacher, principal, or school employee as
allowed by section 121A.582. Actions which are not reasonable and moderate include,
but are not limited to, any of the following that are done in anger or without regard to the
safety of the child:

(1) throwing, kicking, burning, biting, or cutting a child;

(2) striking a child with a closed fist;

(3) shaking a child under age three;

(4) striking or other actions which result in any nonaccidental injury to a child
under 18 months of age;

(5) unreasonable interference with a child's breathing;

(6) threatening a child with a weapon, as defined in section 609.02, subdivision 6;

(7) striking a child under age one on the face or head;

(8) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled
substances which were not prescribed for the child by a practitioner, in order to control or
punish the child; or other substances that substantially affect the child's behavior, motor
coordination, or judgment or that results in sickness or internal injury, or subjects the
child to medical procedures that would be unnecessary if the child were not exposed
to the substances;

(9) unreasonable physical confinement or restraint not permitted under section
609.379, including but not limited to tying, caging, or chaining; or

(10) in a school facility or school zone, an act by a person responsible for the child's
care that is a violation under section 121A.58.

(h) "Report" means any report received by the local welfare agency, police
department, county sheriff, or agency responsible for assessing or investigating
maltreatment pursuant to this section.

(i) "Facility" means:

(1) a licensed or unlicensed day care facility, residential facility, agency, hospital,
sanitarium, or other facility or institution required to be licensed under sections 144.50 to
144.58, 241.021, or 245A.01 to 245A.16, or chapter 245B;

(2) a school as defined in sections 120A.05, subdivisions 9, 11, and 13; and
124D.10; or

(3) a nonlicensed personal care provider organization as defined in sections 256B.04,
subdivision 16, and 256B.0625, subdivision 19a.

(j) "Operator" means an operator or agency as defined in section 245A.02.

(k) "Commissioner" means the commissioner of human services.

(l) "Practice of social services," for the purposes of subdivision 3, includes but is
not limited to employee assistance counseling and the provision of guardian ad litem and
parenting time expeditor services.

(m) "Mental injury" means an injury to the psychological capacity or emotional
stability of a child as evidenced by an observable or substantial impairment in the child's
ability to function within a normal range of performance and behavior with due regard to
the child's culture.

(n) "Threatened injury" means a statement, overt act, condition, or status that
represents a substantial risk of physical or sexual abuse or mental injury. Threatened
injury includes, but is not limited to, exposing a child to a person responsible for the
child's care, as defined in paragraph (e), clause (1), who has:

(1) subjected a child to, or failed to protect a child from, an overt act or condition
that constitutes egregious harm, as defined in section 260C.007, subdivision 14, or a
similar law of another jurisdiction;

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

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

(4) committed an act that has resulted in the involuntary transfer of permanent legal
and physical custody of a child to a relative under section 260C.201, subdivision 11,
paragraph (d), clause (1), or a similar law of another jurisdiction.

new text begin A child is the subject of a report of threatened injury when the responsible social
services agency receives birth match data under paragraph (o) from the Department of
Human Services.
new text end

new text begin (o) Upon receiving data under section 144.225, subdivision 2b, contained in a
birth record or recognition of parentage identifying a child who is subject to threatened
injury under paragraph (n), the Department of Human Services shall send the data to the
responsible social services agency. The data is known as "birth match" data. Unless the
responsible social services agency has already begun an investigation or assessment of the
report due to the birth of the child or execution of the recognition of parentage and the
parent's previous history with child protection, the agency shall accept the birth match
data as a report under this section. The agency may use either a family assessment or
investigation to determine whether the child is safe. All of the provisions of this section
apply. If the child is determined to be safe, the agency shall consult with the county
attorney to determine the appropriateness of filing a petition alleging the child is in need
of protection or services under section 260C.007, subdivision 6, clause (16), in order to
deliver needed services. If the child is determined not to be safe, the agency and the county
attorney shall take appropriate action as required under section 260C.301, subdivision 3.
new text end

deleted text begin (o)deleted text end new text begin (p)new text end Persons who conduct assessments or investigations under this section
shall take into account accepted child-rearing practices of the culture in which a child
participates and accepted teacher discipline practices, which are not injurious to the child's
health, welfare, and safety.

deleted text begin (p)deleted text end new text begin (q)new text end "Accidental" means a sudden, not reasonably foreseeable, and unexpected
occurrence or event which:

(1) is not likely to occur and could not have been prevented by exercise of due
care; and

(2) if occurring while a child is receiving services from a facility, happens when the
facility and the employee or person providing services in the facility are in compliance
with the laws and rules relevant to the occurrence or event.

deleted text begin (q)deleted text end new text begin (r)new text end "Nonmaltreatment mistake" means:

(1) at the time of the incident, the individual was performing duties identified in the
center's child care program plan required under Minnesota Rules, part 9503.0045;

(2) the individual has not been determined responsible for a similar incident that
resulted in a finding of maltreatment for at least seven years;

(3) the individual has not been determined to have committed a similar
nonmaltreatment mistake under this paragraph for at least four years;

(4) any injury to a child resulting from the incident, if treated, is treated only with
remedies that are available over the counter, whether ordered by a medical professional or
not; and

(5) except for the period when the incident occurred, the facility and the individual
providing services were both in compliance with all licensing requirements relevant to the
incident.

This definition only applies to child care centers licensed under Minnesota
Rules, chapter 9503. If clauses (1) to (5) apply, rather than making a determination of
substantiated maltreatment by the individual, the commissioner of human services shall
determine that a nonmaltreatment mistake was made by the individual.

Sec. 54.

Minnesota Statutes 2010, section 626.556, subdivision 10f, is amended to read:

Subd. 10f.

Notice of determinations.

Within ten working days of the conclusion
of a family assessment, the local welfare agency shall notify the parent or guardian
of the child of the need for services to address child safety concerns or significant risk
of subsequent child maltreatment. The local welfare agency and the family may also
jointly agree that family support and family preservation services are needed. Within ten
working days of the conclusion of an investigation, the local welfare agency or agency
responsible for assessing or investigating the report shall notify the parent or guardian
of the child, the person determined to be maltreating the child, and if applicable, the
director of the facility, of the determination and a summary of the specific reasons for
the determination. When the investigation involves a child foster care setting that is
monitored by a private licensing agency under section 245A.16, the local welfare agency
responsible for assessing or investigating the report shall notify the private licensing
agency of the determination and shall provide a summary of the specific reasons for
the determination. The notice to the private licensing agency must include identifying
private data, but not the identity of the reporter of maltreatment. The notice must also
include a certification that the information collection procedures under subdivision 10,
paragraphs (h), (i), and (j), were followed and a notice of the right of a data subject to
obtain access to other private data on the subject collected, created, or maintained under
this section. In addition, the notice shall include the length of time that the records will be
kept under subdivision 11c. The investigating agency shall notify the parent or guardian
of the child who is the subject of the report, and any person or facility determined to
have maltreated a child, of their appeal or review rights under this section deleted text begin or section
256.022deleted text end . The notice must also state that a finding of maltreatment may result in denial of a
license application or background study disqualification under chapter 245C related to
employment or services that are licensed by the Department of Human Services under
chapter 245A, the Department of Health under chapter 144 or 144A, the Department of
Corrections under section 241.021, and from providing services related to an unlicensed
personal care provider organization under chapter 256B.

Sec. 55.

Minnesota Statutes 2010, section 626.556, subdivision 10i, is amended to read:

Subd. 10i.

Administrative reconsideration; review panel.

(a) Administrative
reconsideration is not applicable in family assessments since no determination concerning
maltreatment is made. For investigations, except as provided under paragraph (e), an
individual or facility that the commissioner of human services, a local social service
agency, or the commissioner of education determines has maltreated a child, an interested
person acting on behalf of the child, regardless of the determination, who contests
the investigating agency's final determination regarding maltreatment, may request the
investigating agency to reconsider its final determination regarding maltreatment. The
request for reconsideration must be submitted in writing to the investigating agency within
15 calendar days after receipt of notice of the final determination regarding maltreatment
or, if the request is made by an interested person who is not entitled to notice, within
15 days after receipt of the notice by the parent or guardian of the child. If mailed, the
request for reconsideration must be postmarked and sent to the investigating agency
within 15 calendar days of the individual's or facility's receipt of the final determination. If
the request for reconsideration is made by personal service, it must be received by the
investigating agency within 15 calendar days after the individual's or facility's receipt of the
final determination. Effective January 1, 2002, an individual who was determined to have
maltreated a child under this section and who was disqualified on the basis of serious or
recurring maltreatment under sections 245C.14 and 245C.15, may request reconsideration
of the maltreatment determination and the disqualification. The request for reconsideration
of the maltreatment determination and the disqualification must be submitted within 30
calendar days of the individual's receipt of the notice of disqualification under sections
245C.16 and 245C.17. If mailed, the request for reconsideration of the maltreatment
determination and the disqualification must be postmarked and sent to the investigating
agency within 30 calendar days of the individual's receipt of the maltreatment
determination and notice of disqualification. If the request for reconsideration is made by
personal service, it must be received by the investigating agency within 30 calendar days
after the individual's receipt of the notice of disqualification.

(b) Except as provided under paragraphs (e) and (f), if the investigating agency
denies the request or fails to act upon the request within 15 working days after receiving
the request for reconsideration, the person or facility entitled to a fair hearing under section
256.045 may submit to the commissioner of human services or the commissioner of
education a written request for a hearing under that section. Section 256.045 also governs
hearings requested to contest a final determination of the commissioner of education. deleted text begin For
reports involving maltreatment of a child in a facility, an interested person acting on behalf
of the child may request a review by the Child Maltreatment Review Panel under section
256.022 if the investigating agency denies the request or fails to act upon the request or
if the interested person contests a reconsidered determination.deleted text end The investigating agency
shall notify persons who request reconsideration of their rights under this paragraph.
The request must be submitted in writing to the review panel and a copy sent to the
investigating agency within 30 calendar days of receipt of notice of a denial of a request
for reconsideration or of a reconsidered determination. The request must specifically
identify the aspects of the agency determination with which the person is dissatisfied.

(c) If, as a result of a reconsideration or review, the investigating agency changes
the final determination of maltreatment, that agency shall notify the parties specified in
subdivisions 10b, 10d, and 10f.

(d) Except as provided under paragraph (f), if an individual or facility contests the
investigating agency's final determination regarding maltreatment by requesting a fair
hearing under section 256.045, the commissioner of human services shall assure that the
hearing is conducted and a decision is reached within 90 days of receipt of the request for
a hearing. The time for action on the decision may be extended for as many days as the
hearing is postponed or the record is held open for the benefit of either party.

(e) If an individual was disqualified under sections 245C.14 and 245C.15, on
the basis of a determination of maltreatment, which was serious or recurring, and
the individual has requested reconsideration of the maltreatment determination under
paragraph (a) and requested reconsideration of the disqualification under sections 245C.21
to 245C.27, reconsideration of the maltreatment determination and reconsideration of the
disqualification shall be consolidated into a single reconsideration. If reconsideration
of the maltreatment determination is denied and the individual remains disqualified
following a reconsideration decision, the individual may request a fair hearing under
section 256.045. If an individual requests a fair hearing on the maltreatment determination
and the disqualification, the scope of the fair hearing shall include both the maltreatment
determination and the disqualification.

(f) If a maltreatment determination or a disqualification based on serious or recurring
maltreatment is the basis for a denial of a license under section 245A.05 or a licensing
sanction under section 245A.07, the license holder has the right to a contested case hearing
under chapter 14 and Minnesota Rules, parts 1400.8505 to 1400.8612. As provided for
under section 245A.08, subdivision 2a, the scope of the contested case hearing shall
include the maltreatment determination, disqualification, and licensing sanction or denial
of a license. In such cases, a fair hearing regarding the maltreatment determination and
disqualification shall not be conducted under section 256.045. Except for family child
care and child foster care, reconsideration of a maltreatment determination as provided
under this subdivision, and reconsideration of a disqualification as provided under section
245C.22, shall also not be conducted when:

(1) a denial of a license under section 245A.05 or a licensing sanction under section
245A.07, is based on a determination that the license holder is responsible for maltreatment
or the disqualification of a license holder based on serious or recurring maltreatment;

(2) the denial of a license or licensing sanction is issued at the same time as the
maltreatment determination or disqualification; and

(3) the license holder appeals the maltreatment determination or disqualification, and
denial of a license or licensing sanction.

Notwithstanding clauses (1) to (3), if the license holder appeals the maltreatment
determination or disqualification, but does not appeal the denial of a license or a licensing
sanction, reconsideration of the maltreatment determination shall be conducted under
sections 626.556, subdivision 10i, and 626.557, subdivision 9d, and reconsideration of the
disqualification shall be conducted under section 245C.22. In such cases, a fair hearing
shall also be conducted as provided under sections 245C.27, 626.556, subdivision 10i, and
626.557, subdivision 9d.

If the disqualified subject is an individual other than the license holder and upon
whom a background study must be conducted under chapter 245C, the hearings of all
parties may be consolidated into a single contested case hearing upon consent of all parties
and the administrative law judge.

(g) For purposes of this subdivision, "interested person acting on behalf of the
child" means a parent or legal guardian; stepparent; grandparent; guardian ad litem; adult
stepbrother, stepsister, or sibling; or adult aunt or uncle; unless the person has been
determined to be the perpetrator of the maltreatment.

Sec. 56.

Minnesota Statutes 2010, section 626.556, subdivision 11, is amended to read:

Subd. 11.

Records.

(a) Except as provided in paragraph (b) deleted text begin or (d)deleted text end and subdivisions
10b, 10d, 10g, and 11b, all records concerning individuals maintained by a local welfare
agency or agency responsible for assessing or investigating the report under this
section, including any written reports filed under subdivision 7, shall be private data on
individuals, except insofar as copies of reports are required by subdivision 7 to be sent to
the local police department or the county sheriff. All records concerning determinations
of maltreatment by a facility are nonpublic data as maintained by the Department of
Education, except insofar as copies of reports are required by subdivision 7 to be sent
to the local police department or the county sheriff. Reports maintained by any police
department or the county sheriff shall be private data on individuals except the reports
shall be made available to the investigating, petitioning, or prosecuting authority, including
county medical examiners or county coroners. Section 13.82, subdivisions 8, 9, and 14,
apply to law enforcement data other than the reports. The local social services agency or
agency responsible for assessing or investigating the report shall make available to the
investigating, petitioning, or prosecuting authority, including county medical examiners or
county coroners or their professional delegates, any records which contain information
relating to a specific incident of neglect or abuse which is under investigation, petition, or
prosecution and information relating to any prior incidents of neglect or abuse involving
any of the same persons. The records shall be collected and maintained in accordance with
the provisions of chapter 13. In conducting investigations and assessments pursuant to
this section, the notice required by section 13.04, subdivision 2, need not be provided to a
minor under the age of ten who is the alleged victim of abuse or neglect. An individual
subject of a record shall have access to the record in accordance with those sections,
except that the name of the reporter shall be confidential while the report is under
assessment or investigation except as otherwise permitted by this subdivision. Any person
conducting an investigation or assessment under this section who intentionally discloses
the identity of a reporter prior to the completion of the investigation or assessment is
guilty of a misdemeanor. After the assessment or investigation is completed, the name of
the reporter shall be confidential. The subject of the report may compel disclosure of the
name of the reporter only with the consent of the reporter or upon a written finding by
the court that the report was false and that there is evidence that the report was made in
bad faith. This subdivision does not alter disclosure responsibilities or obligations under
the Rules of Criminal Procedure.

(b) Upon request of the legislative auditor, data on individuals maintained under
this section must be released to the legislative auditor in order for the auditor to fulfill the
auditor's duties under section 3.971. The auditor shall maintain the data in accordance
with chapter 13.

(c) The commissioner of education must be provided with all requested data that are
relevant to a report of maltreatment and are in possession of a school facility as defined
in subdivision 2, paragraph (i), when the data is requested pursuant to an assessment or
investigation of a maltreatment report of a student in a school. If the commissioner of
education makes a determination of maltreatment involving an individual performing
work within a school facility who is licensed by a board or other agency, the commissioner
shall provide necessary and relevant information to the licensing entity to enable the
entity to fulfill its statutory duties. Notwithstanding section 13.03, subdivision 4, data
received by a licensing entity under this paragraph are governed by section 13.41 or other
applicable law governing data of the receiving entity, except that this section applies to the
classification of and access to data on the reporter of the maltreatment.

deleted text begin (d) The investigating agency shall exchange not public data with the Child
Maltreatment Review Panel under section 256.022 if the data are pertinent and necessary
for a review requested under section 256.022. Upon completion of the review, the not
public data received by the review panel must be returned to the investigating agency.
deleted text end

Sec. 57. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 256.022, new text end new text begin is repealed.
new text end

Income Range (as a percent of the state median income, except at the start of the first tier)	Co-payment (as a percentage of adjusted gross income)
0-74.99% of federal poverty guidelines	$0/deleted text begin monthdeleted text end new text begin biweekly new text end
75.00-99.99% of federal poverty guidelines	deleted text begin $5/month deleted text end new text begin $2/biweekly new text end
100.00% of federal poverty guidelines-27.72%	2.61%
27.73-29.04%	2.61%
29.05-30.36%	2.61%
30.37-31.68%	2.61%
31.69-33.00%	2.91%
33.01-34.32%	2.91%
34.33-35.65%	2.91%
35.66-36.96%	2.91%
36.97-38.29%	3.21%
38.30-39.61%	3.21%
39.62-40.93%	3.21%
40.94-42.25%	3.84%
42.26-43.57%	3.84%
43.58-44.89%	4.46%
44.90-46.21%	4.76%
46.22-47.53%	5.05%
47.54-48.85%	5.65%
48.86-50.17%	5.95%
50.18-51.49%	6.24%
51.50-52.81%	6.84%
52.82-54.13%	7.58%
54.14-55.45%	8.33%
55.46-56.77%	9.20%
56.78-58.09%	10.07%
58.10-59.41%	10.94%
59.42-60.73%	11.55%
60.74-62.06%	12.16%
62.07-63.38%	12.77%
63.39-64.70%	13.38%
64.71-deleted text begin 66.99deleted text end new text begin 67.00new text end %	14.00%
new text begin Greater than new text end 67.00%	ineligible

SF 1675

Bill Text Versions

ARTICLE 1

CHILDREN AND FAMILIES POLICY PROVISIONS

Section 1.

Subd. 2.

General.

Sec. 2.

Subd. 17.

Maltreatment review panels.

Sec. 3.

new text begin Subd. 5a. new text end

new text begin Adoptive parent. new text end

Sec. 4.

Subdivision 1.

General.

Sec. 5.

Subd. 2.

Reporting.

Sec. 6.

Subd. 3.

Immunity.

Sec. 7.

Subdivision 1.

Definitions.

Sec. 8.

Subd. 5.

Report contents.

Sec. 9.

Subd. 5.

MFIP transitional standard.

Sec. 10.

Subd. 2.

Persons who may be adopted.

Sec. 11.

Subdivision 1.

Venue.

Sec. 12.

Subdivision 1.

Exceptions.

Sec. 13.

Subd. 3.

Child.

Sec. 14.

Subd. 5.

Execution.

Sec. 15.

Subd. 6a.

Withdrawal of consent.

Sec. 16.

Subd. 7.

Withholding consent; reason.

Sec. 17.

Subd. 2.

Placement with relative or friend.

Sec. 18.

Subd. 3.

Best interest of the child in foster care deleted text begin or residential caredeleted text end .

Sec. 19.

Subd. 11a.

Permanency new text begin progress new text end review for children deleted text begin under eightdeleted text end new text begin in foster care for six monthsnew text end .

Sec. 20.

Subdivision 1.

Out-of-home placement; plan.

Sec. 21.

Subd. 2.

Placement decisions based on best interest of the child.

Sec. 22.

Subd. 5.

Relative search.

Sec. 23.

Subd. 7.

Administrative or court review of placements.

Sec. 24.

260C.217 SAFE PLACE FOR NEWBORNS.

Subdivision 1.

Duty to attempt reunification, duty to search for relatives, and preferences not applicable.

new text begin Subd. 1a. new text end

new text begin Safe place. new text end

Subd. 2.

Permanency new text begin progress new text end review for children deleted text begin under eightdeleted text end new text begin in foster care
for six monthsnew text end .

Duty to attempt reunification, duty to search for relatives, and
preferences not applicable.

new text begin [260C.601] ADOPTION OF CHILDREN UNDER GUARDIANSHIP
OF COMMISSIONER.
new text end

new text begin [260C.603] DEFINITIONS.
new text end

new text begin [260C.605] REASONABLE EFFORTS TO FINALIZE AN ADOPTION.
new text end

new text begin [260C.607] REVIEW OF PROGRESS TOWARD ADOPTION.
new text end